REQUEST FOR PROPOSALS FOR TELECOMMUNICATIONS SERVICES Responses due no later than: Date: February 27, 2015 Time: 10:00 A.M. local time Yankton School District 63-3 Business Office Attn: Jason Bietz 2410 West City Limits Rd. Yankton SD, 57078 605-665-3980 [email protected] Page 1 of 23 PUBLIC NOTICE Telecommunications Service Friday, February 27, 2015 @ 10:00 AM local time Proposals for Telecommunications Services will be received from eligible vendors at the Yankton School District Business Office, 2410 West City Limits Rd, Yankton, SD 57078, until Friday, February 27, 2015 @ 10:00 AM local time. Project scope is to provide Telecommunications Services to the District’s six schools and one administrative building. All proposals submitted shall be on the Official Proposal Form included in the RFP specifications, a copy of which may be reviewed or obtained from the Business Office or by downloading from the Yankton School District website at ysd.k12.sd.us. Site Visits: The District is offering prospective proposers the opportunity to visit selected District sites for the purpose of inspecting and observing the location of conduit and demarcation points. Vendors may schedule a date and time by contacting Warren Brenner, IT Supervisor, at (605) 665-3980 or [email protected]. Questions: Questions regarding specifications or intended work shall be submitted in writing to the Business Manager, Jason Bietz at [email protected]. Questions are due no later than Friday, February 15, 2015 at 2:00 PM. The District does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. Yankton School District 63-3 Business Office 2410 West City Limits RD. Yankton, SD 57078 By: Jason Bietz, Business Manager Page 2 of 23 TABLE OF CONTENTS 1.0 Required Response Form .............................................................................. 4 2.0 Introduction and General Information ............................................................. 5 3.0 Estimated Timeline ......................................................................................... 7 4.0 Information to be Included in the Submitted Proposals .................................. 8 5.0 Minimum Requirements and Scope of Project ............................................... 9 6.0 Evaluation of Proposals .................................................................................. 12 7.0 General Conditions ......................................................................................... 13 Detailed Specifications - Exhibit 1 ......................................................................... 18 Attachment A - Proposer’s Response Form .......................................................... 19 Attachment B - Reference Form ............................................................................ 20 Attachment C - Addenda Acknowledgement Form ................................................ 21 Attachment D- Company Representative Contact Information Form .................... 22 Attachment E- Drug Free Workplace Certification ................................................ 23 Page 3 of 23 Yankton School District 63-3 Request for Proposal (RFP) 1.0 REQUIRED RESPONSE FORM RELEASE DATE: January 29, 2015 TITLE: Telecommunications Services Proposals shall be submitted to Yankton School District 63-3, Attn: Business Manager, 2410 West City Limits Rd, PO Box 738, Yankton SD, 57078 no later than 10:00 A.M. local time on February 27, 2015, and plainly marked “Proposal for Telecommunications Services”. Anti-Collusion Statement/Public Domain I, the undersigned proposer have not divulged, discussed, or compared this proposal with any other proposer and have not colluded with any other proposer in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Proposal Certification I hereby certify that I am submitting the following information as my company’s proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I further certify complete and unconditional acceptance of the contents inclusive of this Request of Proposal, and all appendices and the contents of any addenda released here to. Proposal must be signed by an officer or employee having authority to legally bind the proposer. PROPOSER (vendor name): STREET ADDRESS: CITY & STATE: PRINT NAME OF AUTHORIZED REPRESENTATIVE: SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: DATE: CONTACT PERSON: CONTACT PERSON’S ADDRESS: TELEPHONE: E-MAIL ADDRESS: WEBSITE:__________________________ PROPOSER TAXPAYER IDENTIFICATION NUMBER: SERVICE PROVIDER IDENTIFICATION NUMBER (SPIN):____________________________ Page 4 of 23 2.0 INTRODUCTION AND GENERAL INFORMATION 2.1 Objective: The Yankton School District 63-3 (hereinafter the “District”) is seeking proposals to provide telecommunications services to its six schools and one administrative building. The District anticipates awarding a contract to the successful proposer (hereinafter the “Vendor”) for a period of performance of five (5) years, with the option of being renewed for up to two (2) additional twelve (12) month periods, for a total duration not to exceed seven (7) years. There are four (4) service areas for which the District requires support, namely: 1. Telecommunications Connectivity 2. Telecommunications Configuration 3. Maintenance and Repairs Services 4. Service Level Agreements (SLA’s) Interested parties shall submit a proposal that is responsive to all four requirement areas and show an integrated approach with respect to hardware, services and support. These services shall meet the Federal Communications Commission definition of “leased services” (paragraph 193 of FCC’s fourth Order on Reconsideration). All aspects of this project shall comply with the Federal Communication Commission’s competitive bidding requirement for Universal Service Fund (USF) support and services. Services must be available and fully functional at all buildings prior to July 1, 2015. Proposers must be prepared to commit to local personnel presence to provide adequate support with 24/7 circuit monitoring and on-site response capabilities; a service level agreement guaranteeing 99.9% uptime, and guaranteed response and repair times for outages or reduced performance levels; and financial penalties for outages or other failures to comply with service level requirements. 2.2 Acceptance and Rejection of RFPs: Acceptance: All proposals properly completed and submitted will be considered by the District. However, the District reserves the right to request additional information, reject any or all proposals that do not meet the minimum technical requirements, or those that do not meet all mandatory requirements, or reject all proposals received. Rejection: A proposal may be rejected if it does not conform to the rules or the requirements contained in this RFP. Examples for rejection include, but are not limited to the following: a. The proposal is time-stamped at the Business Office after the deadline specified in the RFP. b. Failure to respond/provide information requested within the RFP. c. Proof of collusion among vendors, in which case all suspected proposals involved in the alleged collusive action shall be rejected, and any participants to such collusion shall be barred from future procurement opportunities until reinstated. d. The proposal shows non-compliance with applicable laws or contains any unauthorized additions or deletions, is conditional, incomplete, or contains irregularities of any kind which make the proposal incomplete, indefinite, or ambiguous as to its meaning. e. The vendor adds provisions reserving the right to accept or reject an offer or to enter into a contract pursuant to an offer or adds provisions contrary to those in the RFP. 2.3 General Information About YSD: The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by a school board. The school board consists of five elected officials responsible for the adoption of policies, which govern the operation of the District’s public schools. The superintendent of schools is responsible for the administration and management of the schools within the applicable parameters of state laws, state board of education rules, and school board policies. The Page 5 of 23 superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in South Dakota Statute as prescribed by the State Board of Education. The District serves the entire area of the City of Yankton and most of Yankton County. The District’s enrollment is approximately 2,665 K-12 students. With approximately 345 employees (including full-time, part time and hourly employees), the District is one of the larger employers in the City of Yankton. 2.4 Site Visits: The District is offering an opportunity for prospective proposers to conduct selected site visits for the purpose of inspecting and observing the location of conduit and demarcation points. Vendors must schedule a date and time by contacting Warren Brenner, IT Supervisor, at (605) 665-3980 or [email protected]. 2.5 Questions about the RFP: Any and all questions concerning this Request for Proposal shall be emailed to [email protected] with cc: to [email protected] on or before Friday, February 15, 2015 at 2:00 PM local time. Any and all written questions received will be compiled and official responses will be developed by appropriate District employees. Proposers shall be responsible for the acknowledgement of each addendum on Attachment C, the Addendum Acknowledgement Form. Copies of addenda will be made available for inspection at the District’s Business Office where proposal documents will be kept on file. No verbal or written information which is obtained other than by information in this document or by addendum to this RFP will be binding on the District. 2.6 Contract Term: The District anticipates awarding a contract for five (5) years (subject to school board approval) commencing on July 1, 2015. The contract (or any portion thereof) has the option of being renewed for up to two (2) additional twelve (12) month periods, for a total duration not to exceed seven (7) years, upon mutual agreement of both parties, under the same terms and conditions. The District, through its Business Office, will, if considering renewal, submit a letter of intent to renew prior to the end of the current contract period. The proposer agrees to this condition by signing its proposal. 2.7 Delivery of Proposal: Three (3) copies of response must be furnished and arrive no later than 10:00 AM., local time, on or before the due date specified on the cover sheet of this Request for Proposal, to be considered. Proposals shall be organized and shall include necessary information as to be in full compliance with this Request for Proposals. The District reserves the right to reject and not consider any or all proposal(s) that are not submitted in accordance with this Request for Proposals or that does not include any necessary information. The response shall be submitted in a sealed envelope addressed to: YANKTON SCHOOL DISTRICT 63-3 ATTN: PROPOSAL FOR TELECOMMUNICATIONS SERVICES 2410 WEST CITY LIMITS RD. PO BOX 738 YANKTON, SD, 57078 If a proposal is transmitted by US Mail or other delivery medium, the proposer(s) will be responsible for its timely delivery to the Business Office. The District assumes no responsibility for RFP’s received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late RFP’s shall be returned unopened, and shall not be considered for award. 2.8 All proposals must be signed by an officer or employee having authority to legally bind the proposer(s). Page 6 of 23 2.9 All proposal pricing shall be on Attachment A - Proposal Response Form and signed by an authorized officer of the company. By signing, vendor attests that they fully understand there will be no recourse for negligence or oversight for not doing so. 2.10 Any corrections of prices must be initialed. This includes corrections made using correction fluid (white out) or any other method of correction. 2.11 The bidder may modify a bid by mail, facsimile, or electronic notice at the Administration Building not later than the time set for the opening of bids. A modification may not reveal the bid price but shall provide the addition or subtraction or the modification so that the final prices or terms will not be known to the District until the sealed bid is opened. A modification may not be withdrawn after the time set for the opening of bids. Each modification shall be confirmed in writing by the successful bidder before award of the contract. No bid made may be changed or altered by phone. 2.12 Proposer should become familiar with any local conditions, which may, in any manner, affect the services required. The proposer(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions. 2.13 The District is not liable for any costs incurred by the applicants for submission of a response to this Request for Proposals. 2.14 Awarded Proposer(s) shall obtain and maintain during the life of the contract, Workers’ Compensation Insurance in compliance with South Dakota Statutes for all of his employees employed on the project. In case any work is sublet, Contractor shall require subcontractors similarly to provide Workers’ Compensation Insurance. 2.15 Specification Variances: For the purpose of Evaluation, the proposer must indicate any and all variances from specifications, terms and/or conditions regardless of how slight. If variations are not stated in the proposal, it shall be assumed that the product or service fully complies with the specifications, terms and conditions herein. 3.0 ESTIMATED TIMELINE January 29, 2015 Release of RFP February 13, 2015 Written questions due to the Business Office by 2:00 PM, local time February 27, 2015 Proposals due on or before 10:00 AM local time March 9, 2015 School Board Consideration Page 7 of 23 4.0 INFORMATION TO BE INCLUDED IN THE SUBMITTED PROPOSAL 4.1 In order to maintain comparability and facilitate the review process, it is required that proposals be organized in the manner specified below. Include all information requested herein in your proposal. All responses to the RFP shall be submitted in an 8 ½” x 11”, edge-bound format. Covers may be slightly larger. Sections shall be tabbed to correspond to the headings listed in the RFP. Contents shall be in conformance with requested criteria utilizing the applicant vendor’s phrasing to complete the requested listing. 4.1.1 Title Page: Include RFP title, the name of the proposer, address, telephone number and the date. 4.1.2 Table of Contents: Include a clear identification of the material by section and by page number. 4.1.3 Letter of Transmittal: Include the names of the persons who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers. 4.1.4 Required Response Form: (Page 4 of RFP) with all required information completed and all signatures (blue ink preferred on original) as specified. Any modifications or alterations to this form shall not be accepted and may cause proposal to be rejected. The enclosed original Required Response Form will be the only acceptable form. 4.1.5 Business History: Include business structure, length of time in business under same name, length of time in business under different name(s) and office location. Company must be currently licensed in South Dakota and have a physical location within 100 miles of Yankton, SD. By virtue of statutory authority, preference will be given to labor, materials, products, and supplies found or produced with the State of South Dakota. 4.1.6 Business Resources: Identify primary point of contact and additional staff to be assigned to the contract. 4.1.7 Methodology: Approach to Project: Describe the proposed organizational structure indicating key personnel and other team members and their relationship to this project. Describe immediate need scheduling, planning approach and the ability to respond to District immediate requests. Describe the benefits of the approach to the District. 4.1.8 Related Experience and References: Describe vendor experience with projects of similar size, scope, and complexity. Vendors are required to have successfully implemented a minimum of three (3) telecommunications projects consisting of multi-site locations within the last three (3) years. The District desires that vendors demonstrate experience with E-Rate funding and supporting Schools and Library Divisions within the E-Rate program. In addition to describing project experience of the above mentioned size, scope and complexity, vendors shall fully complete Attachment B, Reference Form. 4.1.9 Attachment A - Proposal Response Form: Submit unit pricing fee schedule. Proposals shall be inclusive of, but not limited to the following: 1. All required equipment 2. All required insurance, licenses and bonds 3. All required overhead 4. All required profit 5. All required vehicles 6. All required labor per man-hour and supervision 7. Taxes, Surcharges & Other Fees (Itemize each charge) Page 8 of 23 4.1.10 Attachment B – Reference Form: Vendors are required to have successfully implemented a minimum of three telecommunications projects consisting of multi-site locations within the last three (3) years. 4.1.11 Attachment C – Acknowledgement of Addendum Form: Proposer shall complete form with all required information and all signatures as specified. The enclosed Acknowledgement of Addendum Form must be signed and returned (if applicable) in order for your RFP to be considered. 4.1.12 Attachment D - Company Representative Contact Information Form: The successful vendor(s) shall appoint a person or persons to act as a primary contact with the District. 4.1.13 Attachment E – Drug Free Workplace Certification: Proposer shall complete form with all required information and all signatures as specified. The enclosed for Drug Free Workplace Form must be signed and returned. 5.0 MINIMUM REQUIREMENTS AND SCOPE OF PROJECT 5.1 Minimum Requirements: Vendor proposals shall meet the following minimum requirements. Proposals not satisfying minimum requirements shall not be considered by the District. 5.1.1. Vendors shall meet all federal E-Rate requirements and must be certified to provide Universal Service Fund Telecommunications Service. Vendor shall identify the vendor’s current spin number in the cover letter as evidence of compliance with this minimal qualification. 5.1.2. Vendors are required to have successfully implemented a minimum of three (3) telecommunications projects consisting of multi-site locations within the last three (3) years. 5.1.3. All proposed services must meet the Federal Communications Commission definition of “leased services” (paragraph 193 of FCC’s Fourth Order on Reconsideration). All aspects of the proposal shall comply with the Federal Communication Commission’s competitive bidding requirement for Universal Service Fund (USF) support and services. 5.1.4. Vendor proposals shall be responsive to all four (4) service requirement areas. 5.2 Services Required: The services required by the District in this RFP encompass the following areas and must adhere to the conditions outlined: 1. (2) T1 PRI Facility T1 Voice Only Circuits (23 + D) NI2 and 5ESS compliant 2. Business Lines or Voice Lines (capable of voice and data traffic, i.e. fax and dial-up modem) 3. Features (Itemize each item) 4. DID Blocks or Individual, sequential (Specify) 5. DID – Non-sequential Number 6. Local Calls 7. Toll & Long Distance 8. Listings (Additional) 9. Call Detail Listings 10. Directory Assistance/Operator 11. Name, Number & Caller ID 12. E911 Capabilities Page 9 of 23 13. Other Fees as Applicable (Itemize each item) Conditions: All line numbers MUST be portable (665,664,668, 655, 260). Vendor must provide complete PRI redundancy in the event of a failure, allowing rerouting to alternate PRI to continue service. District will not pay for any costs associated with transferring services, i.e. pulling cable into building(s), etc. 5.2.1. Telecommunications Connectivity A. Tiered Structure: Vendors shall provide a tiered structure providing services at the following tiers. 1. PRI 2. Analog Lines B. Service Addition: The District may, at any time, with 30 day notice, add additional Telecommunications Services to an existing facility to keep pace with the District’s needs. Vendor commits to using best efforts to install and activate new service within 30 days of written notice. Additional services added subsequent to the award of this RFP will be added at the same monthly service rate as existing circuits, with no additional planning, installation, engineering, or service fees. All addendums executed to provide additional service to new or existing District sites will be coterminous (termination date consistent with original agreement). These changes will be considered minor contract modifications under E-rate rules. C. Service Tier Changes: The District may, at any time, with 30 day notice, change between established performance tiers (upgrade or downgrade) without financial penalty and at the established monthly cost within the proposal. In the event a service change occurs within a billing cycle, all costs shall be pro-rated. D. Termination of Service: The District may, at any time, with 30 day notice, terminate service at any existing facility without financial penalty. Costs for the cancelled service shall be prorated to the number of days of final billing cycle for which service was provided. The District agrees to maintain a minimum of 75% of sites, listed in Exhibit 2, serviced by the vendor for duration of the agreement. 5.2.2. Telecommunications Configuration: Vendor shall provide survey, design, procurement, construction, installation and configuration of provided services. This configuration includes obtaining all permits, zoning requests, and inspections required by law, statute, or ordinance. Telecommunications services are to be installed at all of the above sites with demarcation point for vendor’s services to be provisioned at the school on an copper/fiber interface provided by the vendor at the District’s designated point of demarcation. 5.2.3. Maintenance and Repair Services: A. Proactive Monitoring Service: Vendor shall provide a proactive monitoring of its infrastructure components to include 24-hour, 7 day per week (24x7) monitoring services included as part of the agreement. Vendors shall provide for the District’s technical staff to have the capability to monitor, request configuration changes for the Telecommunications services with the requirement for the vendor to be involved with day-to-day network operations. B. Trouble Ticketing Service: Vendor shall provide a trouble-ticketing system, available via a Page 10 of 23 Web interface, Email and Phone for District technical personnel to report issues and track resolution status on current issues. Vendors shall provide access to support resources for a minimum of two District staff members. Additionally, vendor shall provide direct contact information for local technical support management with the authority to dispatch staff 24 hours 7 days per week, 365 days per year. The District representative will be the case manager for any open issues to work with the local vendor manager. Vendor shall fully explain and demonstrate to District technical support staff how to use the trouble ticket reporting procedures, high-priority escalation procedures, and use of the vendor’s web-based tools. Training may be provided remotely or on-site at the District location, at the District’s discretion. C. Dispatch Repair Service: Vendor shall provide dispatch support services for maintenance on its infrastructure equipment. Vendor support staff shall be on site within a maximum of 4 hours of a notified failure in an infrastructure equipment component. Vendors shall have their own Field Technicians, to repair/replace/support all cable and equipment, up to the agreed-upon point of demarcation at no cost to the District. 5.2.4. Service Level Agreements: Vendor shall propose a service level agreement that guarantees a minimum of 99.0% network uptime and 100% availability. All uptime measurements shall be measured on a per-site basis. Vendor shall propose penalties for failure to meet agreed upon service levels, including financial penalties. At the discretion of the District, service level agreement penalties will be reviewed and incorporated into the contract for Telecommunications services. 5.3 Price: Vendors shall propose a price that satisfies the criteria below. Price proposals shall be submitted using Attachment B, Proposal response Form. 5.3.1. Telecommunications Connectivity: Pricing shall be presented as an all-inclusive flat monthly rate per site for each service tier, with no additional design, installation, engineering, or service fees. All future sites added to the network will be at the service rate provided, with no additional costs. 1. 2. 3. 4. 5. 6. PRI PRI (Partial) DID Numbers – Non Sequential DID Numbers – Block of 20, Sequential Analog Other Costs & Features Provided (Itemize each item) 5.3.2. Service Level Agreements: Vendor shall propose a service level agreement that guarantees a minimum of 99.0% network uptime and 100% availability. All uptime measurements shall be measured on a per-site basis. Vendor shall propose penalties for failure to meet agreed upon service levels, including financial penalties. At the discretion of the District, service level agreement penalties will be reviewed during negotiations and incorporated into the contract for Telecommunications Services. The District desires vendors SLA agreements to commit to response and completion times for critical, high, medium, and low priority issues. The vendor may agree to the following District targets or propose alternate targets. The vendor shall include penalties for failure to meet targets. Page 11 of 23 Priority Definition Critical A problem that affects any site’s entire services (e.g. one or more critical features has become unusable or has caused a disruption in any or all site’s communication involving fire alarms, circuits, elevators, etc.) High A problem that affects any site’s entire services (e.g. one or more important features of the system has become unusable) Medium/Low A general service request or problem (e.g. intermittent issues or disruption of services with an individual phone line, static, etc.) Response Time Complete Time 60 Minutes 5 hours 4 Hours 1 Business Day 8 hours 2 Business Days 6.0 EVALUATION OF PROPOSALS 6.1 Evaluation Criteria: The District procedure for selecting qualified vendors is as follows: 6.1.1 Subsequent to the closing of the RFP, Procurement Services at a minimum shall review the information received and verify that each vendor appears to be minimally responsive to the requirements of the published RFP. 6.1.2 The proposal shall be reviewed individually and scored on the criteria listed below. SCORING CRITERIA Unit Pricing/Fee Schedule Service & Support (Business Resources, Local Technician Availability, Proposed SLA) Design Submittal Business Experience TOTAL POSSIBLE POINTS POINTS 30 25 25 10 10 100 6.1.3 The District reserves the right to reject any one, any part or all submittals, to waive any informality and to rate the applicants, in accordance with the provision of this RFP, in such a manner as will be in the best interests of the District. 6.1.4 Vendors will be evaluated and ranked based on their written responses to the grading criteria specified herein. Based on the rankings, one or more vendors may be selected to commence negotiations. The District reserves the right to negotiate individually or collectively with the top ranked vendor(s). 6.1.5 Award of the Request for Proposal shall be made to the proposer(s) offering the best value to the District in conjunction with negotiations and evaluation ranking reflecting the best and final offer from a responsible vendor or vendors. The District reserves the right to award this contract through an approach which best serves the interests of the District. 6.1.6 Upon the successful completion of negotiations offering the best value to the District, a contract will be presented to the School Board for consideration. Page 12 of 23 7.0 GENERAL CONDITIONS 7.1 Proposers Responsibility: Proposer(s) are required, before submitting their proposal to carefully examine the request for proposal specifications and to completely familiarize themselves with all of the terms and conditions that are contained within this proposal. Ignorance on the part of the proposer(s) will in no way relieve them of any of the obligations and responsibilities which are a part of this proposal. 7.2 Lobbying: Proposers are hereby advised that they are not to lobby with any District Personnel or Board Members related to or involved with this proposal. All inquiries must be written and directed to the Business Office. Lobbying is defined as any action taken by an individual, vendor, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board Member or District Personnel on the award of this contract. Any proposer or any individuals that lobby on behalf of a proposer will result in rejection/disqualification of said proposal. Violation of this provision regarding lobbying may also result in disqualification of the bidder from participation in competitive solicitations with the District for the duration of the document contract period or for some other term, at the discretion of the Yankton School District. 7.3 Proposer/Vendor Performance: The successful vendor(s) shall be responsible for all damages including but not limited to the replacement of any cracked or broken concrete (sidewalks, curbs, etc.) caused by on-site activities. The successful vendor(s) shall be responsible for the appearance and demeanor of all personnel assigned to the project. Personnel shall be fully dressed at all times, including shirts, and conduct themselves in a manner appropriate for a school center. The awarded vendor’s personnel shall have no contact with students or school staff, other than administrative staff or designated representatives, with the exception of emergency situations. The awarded vendor’s personnel shall be aware that all District sites are smoke free areas. The use of tobacco products is prohibited on any property owned by the District. Vendor’s personnel shall be aware that it is illegal to have in one’s possession any firearm, illegal drug or alcoholic beverage while on District property. The successful vendor(s) shall be responsible for the removal of all trash and debris occasioned by this contract. Failure to adhere to this requirement will result in the costs of the performance of this work by others being charged to the contractor. FAILURE TO COMPLY WITH ANY OF THE ABOVE PERFORMANCE REQUIREMENTS MAY RESULT IN TERMINATION OF CONTRACT. 7.4 Cancellation/Termination: In the event any of the provisions of this proposal are violated by the awarded vendor, the Superintendent or designee will give written notice to the vendor stating the deficiencies and unless the deficiencies are corrected within ten days, recommendation will be made to the Board for immediate cancellation. Upon cancellation hereunder the Board may pursue any and all legal remedies as provided herein and by law. The Board reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving seven (7) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the Board will be relieved of all obligations under said contract. The Board will only be required to pay to the vendor that amount of the contract actually performed to the date of termination. Repeated instance of failure to perform may result in cancellation of the contract. 7.5 Default: In the event that the awarded vendor should breach this contract, the Board reserves the right to seek all remedies in law and/or in equity. Page 13 of 23 7.6 Warranty/Guarantee: All materials and/or services furnished under this proposal shall be warranted by the vendor, distributor and manufacturer to be free from defects and fit for the intended use. 7.7 Prompt Payment discount: Cash discount for prompt payment of invoices, if offered, shall not be considered in evaluating proposals and making awards. Cash discount terms, if offered in the proposal, must be clearly indicated on each invoice. 7.8 Brands: Proposers shall indicate, for each item proposal, the name and model of the brand being proposed. Use of brand names, trade names, make, model, manufacturer, or vendor catalog number in the specifications is for the purpose of establishing a grade or quality of material only. It is not The District’s intent to rule out other competition; therefore, the phrase “OR EQUIVALENT” is added, unless otherwise indicated in the specifications. However, if a product other than specified is proposed, it is the proposer’s responsibility to submit, with the proposal, samples, descriptive literature and/or detailed specifications which illustrate the product sufficiently for evaluation; unless sufficient literature or specifications are currently on file in district offices. Proposals received without this information, or with insufficient information, as determined by the evaluation committee, may not be considered. The District shall be the sole judge concerning the merits of proposals submitted. Once an item is awarded from this proposal to a successful proposer, no substitution of brands shall be permitted. If a proposer does not indicate what he is offering in the proper blank and if the proposer is successful in being awarded the item(s) then the proposer shall be obligated to furnish the item(s) specified by The District. – Chuck suggested taking out as we are not requesting any brands, etc. 7.9 Quality: Unless otherwise requested, the items proposed must be new and equal to or exceed specifications. The manufacturer’s standard guarantee or warranty shall apply. During the guarantee or warranty period, the successful proposer must repair and/or replace the unit without cost to the District with the understanding that all replacements shall carry the same guarantee or warranty as the original equipment. The successful proposer shall make any such repairs and/or replacements immediately upon receiving notice from the District. 7.10 Liability: Where proposer’s are required to enter or go onto District property to deliver materials, perform work or provide services as a result of a proposal award, the proposer assumes full duty, obligation and expense of obtaining all necessary licenses, permits and insurance, and shall be fully responsible for its own negligent or willful acts or omissions. Refer to the Attachment D (Insurance Requirements form) for the District’s insurance requirements. 7.11 Taxes: The District is exempt from any Taxes. State Exemption Certificate available upon request. . 7.12 Occupational Safety Hazards Act Requirements: The Proposer certifies that all material, equipment, etc., contained in the Proposal meets all Occupational Safety Hazards Act (OSHA) requirements. The proposer further certifies that if he or she is the successful proposer and the material, equipment, etc., delivered is subsequently found to be deficient pursuant to any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with aforementioned requirements shall borne solely by the proposer. 7.13 Special Conditions: If a conflict exists between the general conditions and the detailed specifications, then the detailed specifications shall prevail. 7.14 Drug Free Workplace/Identical Tie Proposals: Whenever two or more proposals, which are equal with respect to price, quality and service, are received for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug free workplace program shall be given preference in the award Page 14 of 23 process. In order to have a drug-free workplace program, a business shall comply with the requirements of South Dakota Statute. If two or more competitive sealed bids submitted are identical in price and product quality, the bids are the low bid, and no resident bidder preference is applicable, the District may award the bid by lottery to one of identical low bidders. 7.15 Notification of Award/Purchase Orders: The District reserves the right to: 1) Waive minor variations to specifications, informalities, irregularities and technicalities in any proposal; 2) Reject any and all proposals in whole or in part with or without cause; 3) And/or to accept proposals that in its judgment will be in the best interest of the District. The District further reserves the right to make awards on a multiple, lump sum, low total, or individual item basis; or combination as shall serve the best interest of the District. Upon award of this proposal, participating proposers, successful and unsuccessful, shall be notified of the award configuration in writing. Proposers who are awarded a contract(s) resulting from this Request for Proposals are cautioned not to provide goods or services to any District site or to any District employee prior to receiving purchase orders issued by the District. Notification of Award is not to be construed as authorization to provide goods or services. 7.16 Proposal Opening: Proposal openings shall be public at the date and time stated in the Request for Proposals at the Yankton School District Business Office, 2410 West City Limits Rd, Yankton, SD, 57078 unless otherwise indicated. It is the proposer’s responsibility to assure that the proposal is delivered before the proper time and place of the proposal opening. 7.17 Processing Time: It is understood that the normal proposal processing shall be 90 days after the opening date of this proposal, and that prices reflected by the proposal will be firm through the proposal processing time and the delivery of items awarded. 7.18 Interpretation of Specifications/Dispute: If the proposer should be of the opinion that the meaning of any part of the request for proposal specifications are uncertain, obscure, or contains errors or omissions, they should report such opinion to the Business Manager no more than three (3) days after the receipt of the documents. Upon opening and evaluation of this proposal, tabulation with intent to award shall be posted for review by interested parties at the Business Office, and shall remain posted for a period of no less than three (3) days. Failure to follow the requirements of the proposal protest procedures established by The Yankton School District, shall constitute a waiver of all protest rights. Proposals which contain any alteration, addition, conditions, limitations, unauthorized alternates or show irregularities of any kind may be rejected by the District as non-responsive or irregular. The District reserves the right to waive any irregularities, technicalities or informalities in any proposal and reject any or all proposals. 7.19 Public Entity Crimes: Vendors shall complete and submit with their Proposal the sworn statement required by South Dakota Statutes, Public Entity Crimes Statement, provided as Attachment I. 7.20 Ethics: All awarded vendors shall comply with the requirements of law regarding ethics as set forth in South Dakota Statutes, and rules promulgated by the South Dakota Commission of Ethics. 7.21 Confidentiality: Proposers should be aware that all submittals provided with a proposal are subject to public disclosure and will not be afforded confidentiality with the exception of “sealed” financial statements, if applicable. 7.22 Contract: The submission of a proposal constitutes an offer by the proposer. Upon Board approval, the Business office will issue a letter of award. This RFP, any addenda to this RFP, the submitted proposal, and the corresponding purchase order(s) will constitute the complete agreement between the successful proposer and the District. Unless otherwise stipulated in the proposal documents, no other contract documents shall be issued or accepted. Page 15 of 23 Each Proposal is received with the understanding that an acceptance in writing by the District of the offer to furnish any or all of the services and materials described shall constitute a contract between the proposer and the District. This contract shall bind the proposer to furnish and deliver the services and materials quoted, at the prices stated and in accordance with the condition of said accepted proposal. It is agreed that the proposer will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the District and any sureties. 7.23 Use of Other Contracts: The District reserves the right to utilize other District contracts, State of South Dakota Contracts, contracts awarded by other city or county governmental agencies, other school boards, other community college/state university system cooperative proposal agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule in lieu of any offer received or award made as a result of this proposal, if it is in its best interest to do so. The District also reserves the right to separately propose any single order to purchase any item on this proposal if it is in its best interest to do so. 7.24 Invoicing: Orders shall be processed or work performed only upon receipt of authorized purchase orders issued by the District. The vendor must be willing to provide E-rate discounted bills and a hard copy of the original invoice/billing statement via U.S. Mail to the District. Payment terms shall be net 45 of specified billing date. 7.25 Liquidated Damages Recovery: Proposer agrees to the use of Liquidated Damages Recovery in the event the proposer fails to perform in accordance with contract provisions. On any occasion where the vendor fails to perform or defaults on the contract, or any material provision thereof, the District may procure the necessary supplies/services from other sources and hold the vendor financially responsible for any excess costs incurred. The difference between the proposal price of the products and the actual price paid in this circumstance may be deducted from funds owed to the non-performing vendor. Repeated instance of failure to perform may result in cancellation of the contract. 7.26 Labor, Material and Equipment: a. The vendor(s) will provide competent, suitable, qualified personnel to perform the work required by this RFP. They will at all times maintain good discipline and order at the site. b. The vendor(s) will furnish all equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, heat, light, telephone, water and sanitary facilities and incidentals necessary for the execution, testing, initial operation and completion of the work unless otherwise specified. c. All employees assigned to this project must be pre-screened and will be thoroughly reviewed for, but not limited to current certification and documentation. 7.27 Contact Information: The successful vendor(s) shall appoint a person or persons to act as a primary contact with the District. This person or their designated back up shall be readily available during normal business hours by phone or in person; knowledgeable of the terms, conditions and procedures involved; and respond to messages within 24 hours. The District shall appoint a person or persons to act as the District Representative. The vendor(s) shall have access to the site after school hours, on weekends, and during school hours at the discretion of District Representative. All scheduling shall be coordinated with the District Representative. 7.28 Estimated Dollar Value: No guarantee of the dollar amount of this proposal is implied or given. This is for information only. There is no guarantee of the number of projects that may be required. This is an as needed basis contract. 7.29 Vendor Background Screening Requirements: Vendor will comply with all requirements of South Dakota, by certifying that the vendor and all of its employees who provide services under this contract have completed the background screening required by the Page 16 of 23 referenced statutes and meet the standards established by the statutes. This certification will be provided to the District in advance of the vendor providing any services on site while students are present. The vendor will bear the cost of acquiring the background screening and any fee imposed by the South Dakota Department of Law Enforcement to maintain the fingerprints provided with respect to vendor and its employees. Vendor will provide the District a list of its employees who have completed background screening as required by the referenced statutes and meet the statutory requirements. Vendor will update these lists in the event that any employee listed fails to meet the statutory standards or new employees who have completed the background check and meet standards are added. Vendor agrees that in the event the vendor or any employee who the vendor has certified as completing the background check and meeting the statutory standards then is convicted of any disqualifying offense, the vendor will notify the District within 48 hours of such. The parties agree that in the event that vendor fails to perform any of the duties described in this paragraph, this will constitute a material breach of the contract entitling the District to terminate immediately with no further responsibility to make payment or perform any other duties under this contract. Vendor agrees to indemnify and hold harmless the District, its officers and employees from any liability in the form of physical injury, death, or property damage resulting from vendor’s failure to comply with the requirements of this paragraph of the South Dakota Statutes. Page 17 of 23 DETAILED SPECIFICATIONS - EXHIBIT 1 The administrative sites and school buildings requiring Telecommunications Services are described in the table below. Within the table, the following fields are further defined: • “Initial Requirements” represents the initial service requirement for each site at the time the project is implemented, installed or activated. • “Minimum Scalability” represents the minimum level of future scalability required. Connections must be scalable to this level with 30 days’ notice. Site Name Facility Type Site Address Initial Requirements Minimum Scalability Administration Building Administrative Facility, Mitel VOIP 2410 West City Limits Rd. Yankton SD 57078 PRI (1) Analog (1) PRI (2) Growth up to 6 Analog lines Yankton High School Senior High Grades 9-12, Mitel VOIP 1801 Summit St. Yankton SD 57078 PRI (1) Analog (3) PRI (2) Growth up to 6 Analog lines Yankton Middle School Middle School Grades 6-8 VOIP Gateway 2000 Mulberry Yankton SD 57078 3 Analog lines Beadle Elementary School Elementary School, VOIP Gateway 1214 Mulberry Yankton SD 57078 2 Analog lines PRI (1) Growth up to 6 Analog lines PRI (1) Growth up to 4 Analog lines Lincoln Elementary School Elementary School, VOIP Gateway 815 Locust Yankton SD 57078 3 Analog lines PRI (1) Growth up to 6 Analog lines Stewart Elementary School Elementary School, VOIP Gateway 208 W 21 Yankton SD 57078 2 Analog lines PRI (1) Growth up to 4 Analog lines Webster Elementary Elementary School, VOIP Gateway 317 E 7 Yankton SD 57078 2 Analog lines PRI (1) Growth up to 4 Analog lines st th Page 18 of 23 ATTACHMENT A – PROPOSAL RESPONSE FORM YANKTON SCHOOL DISTRICT 63-3 BUSINESS OFFICE TELECOMMUNCATIONS SERVICES DATE SUBMITTED: ____________________________________ VENDOR NAME: ______________________________________ TO: The Yankton School District, Yankton SD 57078 Having carefully examined the “General Conditions”, and the “Detailed Specifications”, all of which are contained herein, the Undersigned proposes to furnish the following which meet these specifications: A. TELECOMMUNICATIONS CONNECTIVITY List itemized features in proposal and costs associated with aforesaid (Reference 5.3). Item Detail 1. _______________________________ ____________ per month 2. _______________________________ ____________ per month 3. _______________________________ ____________ per month 4. _______________________________ ____________ per month 5. _______________________________ ____________ per month 6. _______________________________ ____________ per month 7. _______________________________ ____________ per month 8. _______________________________ ____________ per month 9. _______________________________ ____________ per month 10. _______________________________ ____________ per month 11. _______________________________ ____________ per month 12. _______________________________ ____________ per month 13. _______________________________ ____________ per month 14. _______________________________ ____________ per month 15. _______________________________ ____________ per month Page 19 of 23 ATTACHMENT B - REFERENCE FORM Provide three (3) references of successfully implemented projects consisting of similar-sized, multi-site projects within the last three (3) years. 1. PROJECT NAME/DESCRIPTION:_______________________________ CONTACT PERSON: ___________________________________________ TITLE: _______________________________________________________ PHONE: _____________________________________________________ EMAIL: ______________________________________________________ PROJECT SIZE: $______________________________________________ 2. PROJECT NAME/DESCRIPTION:_______________________________ CONTACT PERSON: ___________________________________________ TITLE: _______________________________________________________ PHONE: _____________________________________________________ EMAIL: ______________________________________________________ PROJECT SIZE: $______________________________________________ 3. PROJECT NAME/DESCRIPTION:_______________________________ CONTACT PERSON: ___________________________________________ TITLE: _______________________________________________________ PHONE: _____________________________________________________ EMAIL: ______________________________________________________ PROJECT SIZE: $______________________________________________ Page 20 of 23 ATTACHMENT C - ADDENDUM ACKNOWLEDGEMENT FORM The undersigned acknowledges the receipt of any addenda: Addenda #1______________________________________ Date Issued: ________________ Signature Addenda # 2_____________________________________ Date Issued: ________________ Signature Addenda # 3_____________________________________ Date Issued: ________________ Signature Addenda # 4_____________________________________ Date Issued: ________________ Signature Addenda # 5_____________________________________ Date Issued: ________________ Signature Page 21 of 23 ATTACHMENT D - COMPANY REPRESENTATIVE CONTACT INFORMATION COMPANY NAME:____________________________________________________________________ WEB SITE (if applicable): _______________________________________________________________ CONTACT PERSON: __________________________________________________________________ ADDRESS: __________________________________________________________________________ ____________________________________________________________________________________ PHONE: ____________________________________ CELL: __________________________________ FAX: _______________________________________ E-MAIL: _________________________________ SIGNATURE OF PROPOSER: _____________________________________ DATE: _______________ Page 22 of 23 ATTACHMENT E - DRUG-FREE WORKPLACE CERTIFICATION The undersigned vendor, in accordance with South Dakota Statue, hereby certifies that ____________________________________________________________________does: Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature of Authorized Officer _______________________________________________ Date ____________________________________________________________________ Page 23 of 23
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