Alabama State Department of Education Request for Proposal ALJP2014T Information Technology Telecommunications & Internet Access Services Request for Proposal No: ALJP2014T Addendum No: NA DATE ISSUED: December 13, 2013 RESPONSE MUST BE RECEIVED BEFORE: January 21, 2014 – 5 PM RESPONSES WILL BE PUBLICLY OPENED: January 22, 2014 – 9 AM RFP Contact: Jerome Browning Phone: (334) 353-4285 RFP EMAIL: [email protected]Company Name: Authorized Contact Name: Brief Description of Services Proposed: (Use only space provided here) International Organization for Standardization (ISO) Certification: ISO Standard: Other ISO: Issuing Registrar: Registrar Contact: Certificate ID#: Email: Issue Date: Phone: Expiration Date: Website: **** IMPORTANT NOTE: **** Responders must read and comply with ALL instructions and requirements as provided within this RFP document and initial each page. Return Sealed Responses To: Regular Mail Alabama State Department of Education Education Information 5315 Gordon Persons Building P.O. Box 302101 Montgomery, AL 36130-2101 Courier Alabama State Department of Education Education Information 50 N. Ripley St. 5315 Gordon Persons Building Montgomery, AL 36104-3833 Certifications: I have read the entire response and agree to furnish the service offered at the discount described within this response, if awarded. I hereby affirm I have not been in any agreement or collusion among Responders/Bidders in restraint of freedom of competition. As a condition for the award of any contract by the State of Alabama, any political subdivision thereof, or any state- funded entity to a business entity or employer that employs one or more employees, I hereby attest that in my capacity with the company submitting this response that company listed below shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien. I further attest that this company is enrolled in the E-Verify program. Signature and Notarization Required: FEIN Authorized Signature (Ink) SWORN TO AND SUBSCRIBED COMPANY NAME TYPE/PRINT AUTHORIZED NAME BEFORE ME THIS MAIL ADDRESS Title ____ DAY OF __________ City, State Zip Email NOTARY PUBLIC Phone Including Area Code Fax Number Term Exp: 1
Transcript
Alabama State Department of Education
Request for Proposal ALJP2014T
Information Technology Telecommunications & Internet Access
Services
Request for Proposal No: ALJP2014T Addendum No: NA DATE ISSUED: December 13, 2013 RESPONSE MUST BE RECEIVED
**** IMPORTANT NOTE: **** Responders must read and comply with ALL instructions and requirements as provided within this RFP document and initial each page.
Return Sealed Responses To:
Regular Mail Alabama State Department of Education
Education Information 5315 Gordon Persons Building
P.O. Box 302101 Montgomery, AL 36130-2101
Courier Alabama State Department of Education
Education Information 50 N. Ripley St.
5315 Gordon Persons Building Montgomery, AL 36104-3833
Certifications: I have read the entire response and agree to furnish the service offered at the discount described within this response, if
awarded. I hereby affirm I have not been in any agreement or collusion among Responders/Bidders in restraint of freedom of competition.
As a condition for the award of any contract by the State of Alabama, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, I hereby attest that in my capacity with the company submitting this response that company listed below shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien. I further attest that this company is enrolled in the E-Verify program.
E‐Rate Service Provider Status ...................................................................................................................... 18 20
Areas of Service Coverage ............................................................................................................................. 23 29
Request for Proposal Amendments and Cancellation .................................................................................. 35 54
Right to Reject Response Packages ............................................................................................................... 35 55
Response Package and Public Information ................................................................................................... 35 56
RFP: ALJP2014 Telecommunications and Internet Access Services 90
Montgomery County School System 91
Participating Local Education Agencies & Educational Institutions 92
Alabama State Department of Education, Administrator 93
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95
GENERAL REQUIREMENTS AND INFORMATION 96
INTRODUCTION 97
In Plan 2020, the Alabama State Department of Education’s vision and our guiding principle is “Every Child a 98Graduate – Every Gradate Prepared for College/Work/Adulthood in the 21st Century”. We believe and 99understand that information technologies are a key element to meeting our vision and hope that the 100communities in Alabama including the Telecommunications Services communities share this vision and belief. 101Providing current and emerging technologies needed for Alabama Public K‐12 Students to compete in the 21st 102Century workforce and communities is crucial for success of our students and State. As a part of our effort to 103assist our schools meet this guiding principle and in accordance with the Title 16 Chapter 61E of the Code of 104Alabama 1975, the Alabama State Department of Education (ALSDE) is seeking responses from Qualified ISO 1059001 Certified Service Providers for Information Technology in the form of Telecommunications and Internet 106Access services. The function these services and products sought includes services to support voice services, 107and data transport services used in established or new Wide Area Networks (WAN) and Internet Access 108support. The services expected include, but are not limited to: 109
1. Telephone Services 110a. Centrex 111b. Local Phone Service 112c. Long Distance Service 113d. 800 Service 114e. Voice Mail Service 115f. Other Telephone services offered 116
2. Digital Transmission Services 117a. Fiber (Lit or dark) 118b. T‐1 119c. Ethernet 120d. Integrated Services Digital Network – ISDN, PRI, BRI 121e. Wireless 122f. Trunk Lines – SIP 123g. Similar Digital Transmission Services 124
3. Interconnected Voice Over Internet Protocol (VoIP) solutions 1254. Web Based Email services 1265. Web Hosting Services 1276. Other Similar or Equivalent Services may be proposed 128
These services are targeted within this RFP and are needed now or in the future by the participating Local 136Education Agencies and other educational institutions to meet their growing information technology in respect 137to the education of our students. In order to meet the growing need with the constantly developing 138telecommunications and Internet Access technologies available to support our schools we seek catalog pricing 139for these services to serve every public school and school system located within the State of Alabama. Vendors 140will propose a “discount off Catalog pricing” method of response to this Request for Proposal (RFP). A 141preference is given to a pre‐established catalog with pricing available to the general public. The contract 142awardee that provides such a purchasing mechanism will have the capability to add and remove services as 143they are developed as long as the awarded discount is applicable. Other options and specifications are 144available a described later in this document. Contract pricing throughout the contract must be cost effective 145and meet lowest corresponding pricing criteria. 146
PLEASE NOTE: INTERESTED RESPONDERS SHOULD READ THIS ENTIRE DOCUMENT PRIOR TO FORMULATING 147AND SENDING A RESPONSE! 148
In accordance with current State Bid Laws, the resulting contract(s) from this RFP will be available for a period 155of 36 months, or to the extent the law allows. The initial period of the contract(s) will be 36 months. The 156award date may precede the start date to meet the specific programmatic needs of the LEA Group. Therefore, 157a resulting contract award(s) from this RFP will have an award date and a start date. The start date will be 158considered the date the contract begins and purchasing may start. The start date for resulting contracts will 159begin no later than July 1, 2014. The Alabama State Department of Education reserves the right to adjust the 160start date to meet the needs of the participants and various known programs such as the E‐Rate Program. 161
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164
ROLESANDRESPONSIBILITIES165
LEAGROUPMEMBERS‐CUSTOMERS166
Participating educational institutions include the Montgomery County School System, Alabama Public School 167Systems, and all Educational Institutions as defined by this law. These Educational Institutions have agreed, in 168writing, to participate in a joint purchasing program and have named the Alabama State Department of 169Education as the Administrator of the project. Other entities such as public libraries participate in the use of 170contracts awarded as a result of this RFP to the extent the law allows. These entities may be considered the 171LEA Group Members from this point forward. Title 16 Chapter 61E and Title 16 Chapter 13B of the Code of 172Alabama 1975 are considered the guiding documents in the creation and administration of this response and 173resulting contract(s). 174
ADMINISTRATOR 175
The LEA Group has assigned the Alabama State Department of Education as the Joint Purchasing Administrator 176for the execution of the Alabama Joint Purchasing (ALJP) project in accordance to Title 16 Chapter 61E of the 177Code of Alabama 1975. It will be the Alabama State Department of Education’s, hereafter referred to as 178“ALSDE,” responsibility for the invitation to response, evaluating responses received, and awarding the 179contract(s), in which the ALSDE must have responsibility to comply with Chapter 13B of Title 16, Code of 180Alabama 1975. It is important, however, to remember that all the terms and conditions of Title 16, Chapter 18113B, Code of Alabama 1975 (see http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm), that are not 182expressly modified by Title 16 Chapter 61E of the Code of Alabama 1975 shall apply to joint purchasing 183agreements. This response and resulting contract(s) does not supersede individual purchasing activities by the 184individual members of the LEA Group. For example, if an individual group member of the LEA Group wants to 185purchase Information Technology from vendors that do not meet the ISO 9001 requirement they are free to 186develop a separate response in accordance to Title 16, Chapter 13B, Code of Alabama 1975, and all other 187response laws that are applicable. 188
The ALSDE may not be allowed to purchase from the resulting contract(s) unless approval is received from the 189Alabama Department of Finance. The ALSDE support the efforts in our statewide consortium for Internet 190Access led by Alabama Supercomputer Authority (ASA). Through their network call the Alabama Research and 191Education Network (AREN) school systems are provided with Internet Access to meet certain needs of the 192schools within the district. To support ASA in their efforts ASA may purchase services from any resulting 193contracts of this RFP, to the extent the law allows. 194
Though the ALSDE as administrator has sole responsibilities for the administration of this project, a committee 195consisting of technology representatives from the LEA Group will assist the ALSDE in all phases of the project 196including awarding of contracts. 197
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QUALIFIED RESPONDER199
In accordance with Title 16 Chapter 61E of the Code of Alabama 1975 (Section 16‐61E‐1), “any companies that 200have ISO‐9001 certification or any companies or contractors whose affiliates, subdivisions, subsidiaries, or 201departments have ISO‐9001 certification can respond on the information technology to be jointly purchased 202by…” the LEA Group. This certification criterion is critical and any vendor that would like to submit a qualified 203response for this Request for Proposal must provide documentation proving current ISO 9001 certification in 204accordance to Title 16 Chapter 61E of the Code of Alabama 1975. Any interested responder that meets this 205requirement will be hereafter referred to as a “Qualified Responder.” For further clarification of the ISO 9001 206requirement see appendices and www.iso.org. The current quality management standards of International 207Organization for Standardization (ISO) acceptable to meet the requirements of a “Qualified Responder” are ISO 2089001:2008. The ISO 9004:2009 or other related “Quality Management and Quality Assurance” standards set 209by ISO may also be accepted. If an interested responder provides any other certification in their response as 210an alternative to the required certification it will be that responder’s responsibility to clearly define the 211certification and provide verifiable documentation from the ISO indicating the alternative is equal to or 212equivalent to the ISO 9001 certification. If the Responder’s company name is not listed on the ISO 9001 213certificate provided in the response then it is the Responder’s responsibility to clearly define the Responder’s 214relationship with the company listed on the certificate in terms that meet the requirements listed in the “ISO 215Clarification” documentation in the appendices of this RFP. This certification is required by any awarded 216Qualified Responder throughout the life of any contract awarded as a result of this RFP. 217
The Qualified Responder (QR) will provide detail and contact information including Registrar information and 218Registrar’s Website. Preferably, this link should open the Registrar’s listing of ISO certified clients. The ALSDE 219may confirm ISO certification through contact of listed Registrar or other resources that may be available for 220verification. Complete detail of documenting the ISO requirement must be provided in any response. 221
Additionally, the Qualified Responder must also hold a Telecommunications Carrier status with the Federal 222Communications Commission to provide those services within this RFP that require this status. A Qualified 223Responder shall be properly licensed in the State of Alabama to provide services described within this RFP. It is 224the Qualified Responder’s (Contract Holder) responsibility to hold all required credential to provide and 225maintain the services described within this RFP, if such credentialing is required. (See Required Credentials) 226
ALJPAUTHORIZEDRESELLERSORSUBCONTRACTORS(AR)227
The Qualified Responder may offer their contracted services through third party providers. These third party 228providers will be generally called ALJP Authorized Resellers or Subcontractors (AR). These entities must also 229be properly licensed by the State of Alabama as well. In the event of an award, the awarded Qualified 230Responder is responsible for the purchasing transactions executed through the awarded contract. The 231Qualified Responder and the identified ARs must meet all required certifications, credentials or status as 232required by governing entities of the State of Alabama, city and county government entities in areas where 233services and/or products will be delivered, as well as Federal governing entities such as, but not limited to, the 234FCC. It is the responsibility of the Qualified Responder, the awarded Contract Holder, and the ALJP Authorized 235Reseller or Subcontractor to identify and hold these credentials for the life of the contract. The Qualified 236Responder must provide with a response to this RFP a list of known credentials and evidence that they hold or 237
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meet these credentials. If applicable, within the initial response the Qualified Responder shall provide a list of 238ALJP Authorized Resellers or Subcontractors and their contact information that will be available for qualified 239contract quoting, orders and purchases in the event of an award and at the time of the award. The Contract 240Holder(s) as a result of this RFP are responsible for maintaining the accuracy of this list through the awarded 241contract period. 242
Representatives authorized by the responding company or entity that are interested responders (or ultimately 243contract holders), sales contacts, ALJP Authorized Resellers and/or subcontractors must properly obtain a 244“Vendor Login” for the ALJP website. This must be done by all ALJP participating vendors. If your company is 245interested in providing a response to this RFP and you are authorized to submit an RFP, then you are required 246to obtain an individual Vendor login. As some information concerning your participation within this ITB may be 247required prior to final submission date. If you are proposing the use of authorized resellers from different 248companies, then they must also obtain a Vendor Login. 249
SALESCONTACTS250
Sales Contacts will be those individual employees within the AR (external) or Contract Holder’s internal 251organization who are authorized trained and designated as employees that may offer specific ALJP Contract 252quotes and place orders. 253
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E‐VERIFY REQUIREMENT 255
All contractors doing business with the Public K‐12 School Systems in the State of Alabama are required to 256comply with the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, 257and the Beason‐Hammon Alabama Taxpayer and Citizen Protection Act. The Qualified Responder will provide 258the required documentation. The language in this Act refers to Contractors and Sub‐Contractors. For the 259purpose of this RFP, the Contractors will be considered Contract Holders, and the Sub‐Contractors will be any 260other companies listed as Authorized ALJP Resellers or sub‐contractor (AR) of the Contract Holder performing 261contract related services. It is the responsibility of the Qualified Responder to research and gather required 262documentation of meeting the E‐Verify requirement. 263
ALABAMA RESIDENT COMPANIES 264
The ALSDE encourages Qualified Responders that are Alabama‐based companies that produce and/or market 265the requested Telecommunications and Internet Access Services to submit responses to this RFP. In 266accordance with State Laws, RFP responses submitted by these Alabama companies may receive additional 267consideration during the final response evaluation. In the event a response is received from a Qualified 268Responder, having a place of business within the State of Alabama, and the response is no more than three 269percent greater than the response of the lowest responsible Responder, the ALSDE may award the contract to 270the resident Qualified Responder. [Code of Alabama 1975, Section 16‐13B‐(a) and section 16‐13B‐7(b)] 271
Based upon the most recent and available information, there are over 25 carriers providing 272telecommunications services in various areas of the State of Alabama and three area codes (Figure 1 below). 273
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Through contracts awarded through this RFP, the ALSDE seeks to provide an economical purchasing 274mechanism in the purchase of Telecommunications and Internet Access services for all schools and non‐275instructional facilities located within our 134 School Systems (and growing) located in Alabama (Figure 2). 276Figure 3 is provided as on overlay of both figures 1 &2. All figures here are for information and reference only. 277
Though this figure indicates companies providing services to areas of the State of Alabama, this RFP is open to 278ALL interested Qualified Responders that provide the listed services. Additionally, if the services described 279within the RFP appear to be focused upon a single mechanism of providing a given or named service then the 280Qualified Responder should note that the ALSDE will also consider the equivalence of these same services 281described as a valid response. 282
The ALSDE intends for the resulting contract(s) of this RFP to serve as a State Master Contract for the LEA 295Group to use as a resource for the purchase of Information Technology specifically related to 296Telecommunications and Internet Access services. In the event that equipment is needed to utilize these 297services and this equipment is not available through other ALJP contracts the LEA Group Member may 298purchase this equipment provided the awarded contract holder includes such equipment within their catalog 299of services and the equipment is necessary for use of services. The equipment purchased in these cases must 300be paired with services. The equipment may be purchased or leased. All services provided must be considered 301leased services. The ALSDE makes no purchasing guarantee on behalf of the LEA Group Members or the ALSDE 302to awarded vendor(s) with respect to quantities and/or volume of services to be purchased from the resulting 303contract(s). The ALSDE makes no guarantee to awarded vendors of similar services or multiple vendors of the 304same service that LEA Group members will choose their product over the other awarded vendor’s service 305contracts. The final awarded contract will consist of all documentation presented to the ALSDE by the Qualified 306Responder in response to this RFP and the required documents during the life of the contract such as, but not 307limited to, updated ISO certificates, updated service offering, catalog & catalog pricing, and updated sales 308contact information. 309
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MULTIPLE AWARDS 311
In accordance with Title 16, Chapter 61E, Code of Alabama 1975 [16‐61E‐2‐(c)], “competitive responses for 312information technology may result in awards to multiple vendors for each one preferred service or submitted 313equivalent service in order to meet the specific requirements of participating educational institutions or to 314achieve compatibility with existing technology already in use.” Based on this allowance, the ALSDE reserves 315the right to award multiple contracts for any one service, if deemed necessary to meet the needs of all 316participants or LEA Group Members. 317
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ALJP AGREEMENT 319
Awarded contract(s) will be documented and approved by the execution of an “ALJP Agreement” for the 320individual awarded service based on the accepted and awarded qualified response. This document is an 321agreement between the ALSDE as the contract administrator and the awarded contract holder. (See 322appendices for representative sample) The final ALJP Agreement serves as the binding document that 323
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establishes the contract. The content and structure of this agreement has been approved by the ALSDE’s 324Office of General Counsel and must not be altered with the exception of demographic and required 325calendar/date changes. In the event a Qualified Responder requires any content modifications that are not 326demographic in nature to the initially offered ALJP Agreement document, the ALSDE may withdraw the 327contract offer or suspend the offer to negotiate with the Qualified Responder depending on the calendar or 328deadline requirements of related programs, such as E‐Rate, and the best interest of the LEA Group Members. 329
SUPPLEMENTAL AGREEMENTS & LICENSING PROGRAMS 330
Supplemental agreements required by a contract holder such as those common service agreements that the 331actual buyer and/or user of services and/or products within the awarded service contract are allowable under 332an award. These supplemental or additional agreements must not contradict State of Alabama Laws, the ALJP 333Agreement, the Terms & Conditions of this RFP, or increase the pricing of the awarded Telecommunications 334and Internet Access services and/or products individually or as a whole. The calendar terms of these 335supplemental agreements must not contradict the length of an awarded contract. The ALSDE will not execute 336such a blanket contract for all LEA Group Members; the contract holder will be responsible for educating the 337LEA Group Members concerning such supplemental agreements and/or licensing programs who choose to 338purchase the services and/or products from the awarded contract. 339
If applicable within the awarded Telecommunications and Internet Access services contract(s); some products 340such as software offer educational licensing programs common to the education market. If it is determined to 341be in the best interests of the LEA Group Members, the ALSDE will consider a statewide level execution of such 342an agreement. The ALSDE will not be responsible or make payments for any missed purchasing quota placed 343on the LEA Group Members that may have been established within the said agreement but will negotiate with 344the contract holder on an annual basis to determine if such a licensing agreement is beneficial to the LEA 345Group Member and Contract Holder. 346
E‐RATE347
These requested Telecommunications and Internet Access services within this RFP do contain E‐Rate eligible 348services and/or products. The required USAC Description of Services Requested and Certification Form, 349numerically known as a Form 470, has been filed by the ALSDE to include certain categories of E‐Rate eligible 350products within the services for which this Request for Proposal is seeking contracts. The Form 470 number for 351this RFP is 575960001180207. The resulting contract(s) are intended to be in compliance with USAC’s 352definition of a State Master Contract for those services that contain E‐Rate‐eligible services and/or equipment. 353It is the responsibility of each of the E‐Rate eligible individual members of the LEA Group and the awarded 354vendor and/or sales contacts for the awarded contract to follow the rules of the E‐Rate Program with strict 355adherence to the Eligible Services List. In the event a sales contact, internal or external, of the awarded 356contract misrepresents the eligibility of the service and/or products to the eligible E‐Rate LEA Group Member, 357then that sales contact must be responsible to the applicant and E‐Rate program concerning further financial 358retribution. If the sales contact providing misrepresentation is listed by the specific Contract Holder as an 359Authorized Reseller or subcontractor (external), then the Contract Holder will be held accountable and may be 360required to remove the provider form the authorized list. The ALSDE has provided and will continue to provide 361guidance and assistance with E‐Rate for individual LEAs and in statewide training opportunities. 362
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The ALSDE may elect to further E‐Rate involvement through a consortium application process and may use E‐363Rate eligible services and/or equipment properly procured via this initiating RFP and related Form 470, to the 364extent the law allows. 365
A contract(s) resulting from this RFP may be available to E‐Rate eligible members for E‐Rate FY2014, FY2015 366and FY2016 depending on program availability, rules and changes within State Law concerning bidding. 367Additional extensions may be available to the extent the law allows. 368
SERVICEPROVIDERIDENTIFICATIONNUMBER(SPIN)369
All sales contacts and/or authorized ALJP Resellers/Subcontractors interested in providing E‐Rate eligible 370products from an awarded contract must possess a proper Service Provider Identification Number (SPIN) 371through USAC and maintain a proper standing in the E‐Rate Program. The SPIN should be included in the 372seller’s contact information. 373
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E‐RATE MINI BID/QUOTE 375
In accordance with Title 16, Chapter 61E, Code of Alabama 1975 [16‐61E‐2‐(c)], “competitive responses for 376information technology may result in awards to multiple vendors for one service each in order to meet the 377specific requirements of participating educational institutions or to achieve compatibility with existing 378technology already in use.” Based on this allowance, the ALSDE reserves the right to award multiple contracts 379for any one service, if deemed necessary. 380
However, it should be noted that if an individual LEA Group member(s) is purchasing a specific service that is 381eligible for E‐Rate discounts and plans to request such discounts, they must choose the vendor that provides 382the most cost effective means for providing the product or equivalent product across all ALJP Services 383awarded. If multiple sales contacts identified as ARs are available to provide the eligible service and/or 384product within the area, then the participant must follow the “mini‐bid” procedures as required by Universal 385Service Administrative Company (USAC)/Federal Communications Commission (FCC). Failure to do so will 386jeopardize the individual LEA Group member’s E‐Rate request. The individual LEA Group members should 387maintain all pricing documentation at the time of purchase to present to auditors when requested. While the 388applicants are required to meet and be responsible for the E‐Rate mini‐bid process, the ALSDE will provide 389access to an online tool that will be available for these applicants to post these mini‐bid. The ALJP program 390chooses to use the term “mini‐quote” in lieu the term “mini‐bid”. These terms may be used synonymously 391within this RFP and the ALJP Program. All contract sales contacts and/or ALJP Authorized 392Resellers/Subcontractors will be required to follow instructions and participate. This online tool and access to 393services available currently or in the future may require annual administration fees of up to $200 for the 394individual contract holder and designated ALJP Authorized Resellers/Subcontractors. However, this fee does 395not apply at this time for any ALJP vendor. 396
To assist with this process and for the evaluation process of this RFP, a list of current schools and school 397systems with address and other demographic information is provided. The Qualified Responder will indicate 398which of these addresses that their submitted catalog of services and pricing will be available for orders and 399
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purchasing in the event an award is made to the Qualified Responder. The submitted catalog and pricing of 400services should be made fully available to this school or non‐instructional facility. More details concerning this 401list and requirement will follow. 402
The Mini Response process is not required for all other non‐“E‐Rate” purchases but is considered a form of a 403best practice to obtaining the most cost effective means of providing the service or contract products. 404
E‐RATE CONTINGENCY 405
A contract(s) issued resulting from this RFP is (are) not contingent upon E‐Rate Discounts awarded through the 406E‐Rate Program. However, E‐Rate applicants are required to complete an “Item 21 Attachment” during the 407filing process (Form 471). This Item 21 requires specific information about the product or services for which 408the applicant is requesting E‐Rate Discounts including the specific Service Provider information, documented 409quotes, product and location details. Quotes and pricing offers, based on the awarded contract, given to the 410eligible LEA Group member by the Contract holder’s identified Sales Contact may be contingent upon E‐Rate 411awarded discount for the given E‐Rate Funding Year at the discretion of the applying eligible LEA Group 412Member. 413
E‐RATE PAYMENT PLANS 414
In the event a product or service from the awarded service contract has successfully been awarded, the E‐Rate 415discounts applicable by USAC and the Service Provider Invoice method of discounts are to be applied. Then 416the service provider (contract Sales Contact) must bill the applicant for their share of the transaction at the 417same time any such invoice is sent to USAC for payment. The applicant must pay their share within 90 days of 418payment due date. The service provider will be responsible for filing the appropriate Service Provider required 419E‐Rate forms. 420
Any contract holder, sales contact (company) or authorized ALJP Reseller that provides E‐Rate eligible products 427within an awarded service contract must maintain a positive standing with the E‐Rate program. They must 428maintain and provide upon request a Service Provider Identification Number (SPIN) that will correctly identify 429their business operations with the E‐Rate program. In the event an eligible Telecommunications Service is 430offered as a product within the awarded service contract, the contract holder, as a sales contact or designated 431
Authorized Reseller, must maintain credentials required by USAC and the FCC to provide those services under 432the Telecommunications category of service. 433
Any contract holder, sales contact (company) or authorized ALJP Resellers that provides an E‐Rate eligible 434product within an awarded service contract must maintain a Green Light Status2 with the FCC. 435
E‐RATESUMMARY436
All E‐Rate purchases from the resulting contract(s) of this RFP by the LEA Group members should comply with 437E‐Rate rules and regulations available at http://www.usac.org/sl/ . Should the LEA Group member request 438assistance in the determination of E‐Rate eligibility, they should refer to the USAC Web site and then contact 439the State E‐Rate Coordinator’s office at the ALSDE if additional clarification is needed. 440
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DOCUMENTRETENTIONANDAVAILABILITY442
DOCUMENTRETENTION443
In accordance with Code of Alabama 1975 and applicable E‐Rate Program requirements, ALL documentation 444related to a contract(s) awarded as a result of this RFP will be open for public inspection for a period of at least 445seven years3 (7) from the final contract expiration date (considering applicable renewals). The ALSDE will 446maintain copies of ALL Responses, awarded or not, to this RFP as described either in hard copy or in allowed 447digital format. Each individual LEA Group Member must maintain documents referencing their individual sales 448activities in using this contract. The ALSDE is not responsible for documentation of the individual purchases 449made through this RFP (Contract). 450
DOCUMENTAVAILABILITY451
All responses and accompanying documents in the form of hardcopy and/or digital documents will be made 452available for public review; therefore, the Qualified Responder should understand that ALL submitted 453documents including pricing will be made available as well. This information will be available for awarded and 454non‐awarded responses. ALL responses and documents submitted to this RFP will be made available for 455review during the RFP Opening Session. Interested individuals may make appointments to view documents at 456the ALSDE offices. 457
The purchasing activities by the individual LEA Group members with respect to the awarded contracts are 460completed with every intention to follow current bid laws as they pertain to city and county school systems in 461the state. The ALSDE does not charge the LEA Group members or the participating companies (at this time) to 462participate in the program; however, certain requirements of the contract holders are designed to lessen the 463burden on the administrator (ALSDE) and LEA Group members. The participants must self–monitor their 464purchasing activities and the awarded contract holder must provide information that LEA Group Members 465need to document all purchases from the resulting contract for auditing purposes. For the purpose of this RFP 466the ALSDE will provide an official ALJP Telecommunications and Internet Access services website to meet these 467needs. The Qualified Responder and Contract Holder (if later awarded a contract) must provide both hardcopy 468information as well as digital information to be posted on the provided website. 469
This website will be hosted upon the ALSDE SharePoint Server. The ALSDE may provide specific instruction in 470the use of this website but it is the responsibility of the Qualified Responder/Contract Holder to attend offered 471sessions and maintain knowledge the website’s resources. If awarded, the Contract Holder will be asked to 472verify information imported from the awarded response by the ALSDE and may be asked to re‐enter certain 473information to website resources. Once the ALJP website data entered for the awarded contract has been 474established and approved, the Contract Holder will maintain and update posted information concerning their 475contract throughout the awarded contract period. All information needed by the LEA Group to make their 476purchasing decisions will be made available on this website. When applicable, the ALJP Administrator and/or 477staff will receive change notifications and approvals may be required. 478
ALJPWEBSITEDATAREQUIREMENTS479
The Qualified Responder will provide information listed below as a part of their response for posting and 480maintenance. If awarded, the Contract Holder will post and maintain this information on the ALJP Contract 481Holder’s website. The information to be included, but not limited to, is listed below: 482
1. Qualified Responder Demographic Information (Company Name, Address, Phone, Fax, etc.) 4832. Qualified Responder Contact Information 484
a. This is contact information for the individual person responsible for the contract or 485response. 486
3. Description of Services provided in the proposed (awarded) contract. 4874. Description of proposed (awarded) discounts. 4885. Link to Contract Holder’s website 489
a. If applicable the website should clearly include the proposed PUBLISHED CATALOG & 490CATALOG PRICING – See Catalog & Catalog Pricing later in this document. 491
6. Service Area Coverage Map – Accurate 492a. Service Area Checklist as required by this RFP 493
7. ISO Certificate, digital copy and detail 4948. Other required certifications as required by this RFP 4959. Assigned ALJP Contract Identification (if awarded) for the specific service contract. 496
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10. Detailed instructions for LEA Group Members to make their purchasing decisions and a 497qualified purchase from the ALJP Contract 498
11. Link to Catalogs and Catalog Pricing information. 49912. Link to or List of Sales Contact Information/Detail 500
a. Contact information for QR (Contract Holder) internal sales staff, if applicable 501b. If applicable, include AR Contact Information. 502c. Names, email and phone numbers required. 503d. Special instructions related to Sales Contacts – if applicable. (Sales Region, category 504
restrictions, etc.) 50513. Description of Warranty or Related services 50614. Shipping & Delivery Detail and Cost Information 50715. Link to ALJP Price Listing 50816. E‐Verify Documentation 509
a. E‐Verify Affidavit 510b. E‐Verify Memorandum of Understanding 511
17. Original Response Documentation‐Digitized 51218. Archival 513
a. Contract Activity Reports 514b. Sales Contact List 515c. ALJP Price List 516d. ISO Certificate(s) (if renewal of certificate has been made during contract period) 517
Other information may be added or removed as deemed necessary and in the best interest of the LEA Group 518Members by the ALSDE. The Contract Holder/Qualified Responder will be responsible for the information 519posted on this website and any supplemental website information posted upon a website(s) 520developed/maintained by the Contract Holder. If the Contract Holder provides a supplemental website for 521specific ALJP Contract information the information should not be in conflict with the ALJP website and the 522information posted on the ALJP Website will be considered official. 523
The ALJP program requests competitive pricing on services and products based on proposed discounts to be 576applied towards catalog pricing in the proposed catalog. The Qualified Bidder is to indicate this proposed 577discount in two possible manners, a single discount or categorical discounts based on easily identifiable 578categories of services or products within the proposed catalog. 579
A single discount method is simply a proposed percentage of a discount to be applied to ALL catalog item 580prices. 581
Categorical discounts are discounts that may be applied to a certain group of products within the proposed 582catalog. However, these groups must be easily identified within the catalog by the LEA Group Members. 583
Proposed discounts must not decrease over the life of an awarded contract. A Contract Holder may increase 584the discount at any time after the award is made. The Contract Holder and/or ALJP Authorized 585Resellers/Subcontractors may apply additional discount to ALJP quotes as well. 586
Discount pricing may or may not apply to a proposed Static PricingProposalandALJPDevelopedCatalog.587
AreasofServiceCoverage 588
The ALSDE recognizes that the QR may not be capable or authorized to provide the services listed in the 589proposed Catalog of Services to each individual LEA Group Member and their facilities. The areas of coverage 590must be included within any proposed catalog. Furthermore all services listed in proposed (and ultimately 591awarded) catalog must be available to all of the LEA Group members located within the areas of service 592coverage indicated in the response and on the date of the QR’s response to this RFP. Listed in the appendices 593is a list of the Alabama cities in which most of our LEA Group Members have facilities. To further identify and 594document the indicated areas of coverage, the QR will complete the LEA Group Members ‐ Service Area 595Checklist to provide additional detail of what services are available for these entities at the time of the 596response. The checklist does not represent each and every LEA Group Member’s Facilities but represents the 597best known locations at the time of this RFP. As a part of a response to the RFP the responder must place a 598check by each city their catalog of services will be available. This indicates that ALL services offered in the 599proposed catalog will be available to LEA Group Member who have buildings located within. As new schools, 600
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school systems and other LEA Groups members are added or modified over the years of the awarded contract 601they will be allowed to purchase from the awarded contracts based on their proximity to comparable facilities 602listed. 603
A primary function of any contracts resulting from this RFP is to provide services that are eligible for E‐Rate 611discounts. In accordance with the Federal Communications Commission (FCC) as directed by Congress through 612the Telecommunications Act of 1996, Pub. LA. No. 104‐104, 110 Stat. 56 (1996), Lowest corresponding price 613(LCP)4 is defined as the lowest price that a service provider charges to nonresidential customers who are 614similarly situated to a particular E‐rate applicant (school, library, or consortium) for similar services. See 47 CFR 615Part 54 PDF (opens in new window) Section 54.500(f). Notwithstanding the E‐Rate eligibility of services 616sought through a resulting contract from this RFP, the Qualified Responder or Contract Holder must adhere to 617providing the LCP for all services offered. This RFP seeks discounts from those services that should currently 618be considered LCP. The ALSDE understands that the services requested per this RFP may have eligible 619circumstances, defined by the FCC, which may appear to not meet LCP requirements. We ask that the 620Qualified Responder address, within their response to this RFP, those circumstances such as, but not limited 621to, mileage from facility, length of contract, volume and other FCC recognized factors. We ask that the 622Qualified Responder be mindful that Public K‐12 Schools and Schools Systems are subject to State Laws5 that 623are applicable to Public K‐12 entities such as, but not limited to, restriction of certain contracts over 36 624months. Throughout an awarded contract period, the ALSDE reserves the right to extend the length of the 625contract to the extent the law allows. We also request that a Qualified Responder/Contract Holder consider 626our rural schools as they consider all other schools within the State. Notwithstanding mileage from the 627Contract Holder’s facilities, the Contract Holder is encouraged and should work with and seek other Federal, 628State or Local funding sources to reduce the cost of installation of infrastructures necessary to provide the 629needed Telecommunications Services and Internet Access services needed by our schools to meet their 630educational and related technological needs. To the extent the law will allow, the ALSDE will work with 631service providers and Contract Holders to provide current and emerging Telecommunications and Internet 632Access services at the lowest costs possible to the schools and school systems within our State of Alabama. 633
If commonly offered and/or required to provide the service requested by the LEA Group Member, then the 636installation and maintenance services and/or equipment listed within the proposed catalog of specified 637products of the specific service may be included. Many new Telecommunications and Internet Access services 638require the running of various conduits for material such as, but not limited to, fiber and copper wiring. The 639QR must include any related charges and description of such installation or maintenance services within their 640catalog. If there is a cost for installation related to the plant miles (or distance) between the vendor’s closest 641facility capable of providing the service and the LEA Group Member’s facility (facilities), then those costs must 642be included in the catalog. The QR or eventual contract Holder must not include in the proposed catalog or 643ALJP Price List any maintenance or installation services of other products or services not included within the 644proposed catalog. 645
In the event a QR is awarded a contract and an individual LEA Group Member has been previously in use of or 646is currently in use of the same services provided under another procurement contract with the QR then the 647QR/Contract Holder must consider that installation charges (or other similar charges) should not re‐occur in 648the transition to an awarded ALJP2014T contract. 649
650
WARRANTY 651
If a warranty is applicable and commonly offered within the Telecommunications and Internet Access Services 652or equipment then this warranty must be included in the proposed catalog identified by the Qualified 653Responder. Warranty charges should not be developed just for a response to this RFP. 654
SHIPPING&DELIVERY655
If applicable and a common component, all products that require vendor delivery of products leased or 656purchased by an LEA Group member should be delivered FOB Destination. The awarded vendor and/or 657authorized reseller agree to bear the risk of loss, injury, or destruction of the items ordered prior to receipt of 658items by the LEA Group member. Normal shipping costs are considered a part of an awarded contract. A 659description of any shipping and delivery costs should be included in the catalog. 660
TAXESANDFEESAPPLICABLE661
The Qualified Responder will include a description and the computational factors necessary to identify all taxes 662and/or fees relevant to all services and products proposed within the catalog and catalog pricing. LEA Group 663Members may be exempt from certain taxes and fees. However, they should be aware of such costs associated 664with a purchase. The Contract Holder and AR, if applicable, must include all taxes and fees described in any 665quotes or invoices. The sales contact should contact the purchasing LEA Group Member if a tax or fee could be 666exempt for documentation indicating an exemption. 667
668
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SALES CONTACTS 669
Contract Holders must provide contact information for the authorized sales staff. This staff and/or ARs must be 670specifically familiar with the terms of the awarded contract (This includes any ALJP Authorized Resellers if 671applicable). LEA Group Members will be provided sales information and obtain written ALJP quotes for 672services and/or products they are to buy using the contract(s) resulting from this RFP from the designated 673sales contacts at their discretion. The Contract Holder will also be responsible for providing audit trail 674information for confirming contract pricing either directly or indirectly through the ARs (if applicable). The 675Contract Holder will maintain a comprehensive list of all current sales contacts and archives changes 676throughout contract period. Sales contact information provided may include, but is not limited to, the 677following: 678
Company Name 679 Contact Name 680 Email Address 681 Telephone 682 Fax Number 683 Mailing Address 684 Physical Address 685 Additional Notes 686 Service Provider Identification Number (SPIN) – if E‐Rate is applicable 687
688
If applicable the QR will provide internal sales contact information if the QR actually processes quotes and 689purchases from an awarded contract and/or AR (external) sales contact information. Additional Notes may be 690provided to describe specific sales regions or other identification necessary to help the LEA Group Member 691choose the correct Sales Contact in making their purchasing decision. As described earlier, the individuals 692listed here may be sales contacts that are a part of the actual Contract Holder’s staff and/or contacts from ARs. 693The ISO Certification requirement only applies to the Contract Holder. 694
The Qualified Responder responding to this RFP must provide this information in their final response to this 695RFP. This information must also be included on a form provided on the ALJP website in the event of an award. 696
The awarded Contract Holder or designated authorized reseller must not construe payment as acceptance of 729services or products furnished under the resulting contract. The LEA Group member or the ALSDE reserves the 730right to conduct further testing and inspection after payment, but within a reasonable time after delivery, and 731to reject the product(s) if such a post‐payment testing or inspection discloses a defect or a failure to meet 732specifications. 733
Upon notification of a defective or rejected service or product the Contract Holder (or AR if applicable) 734must coordinate plans to repair, reconfigure and/or replace the product(s) with others that conform to 735the specifications and which are not defective. The replacement of the product will be at the Contract 736Holder’s (or if applicable the AR’s) expense and should be performed within 15 days of notification. 737Rejected products left longer than 30 days will be regarded as abandoned, and the LEA Group member 738will have the right to dispose of the product(s) as its own property. 739
All products must be free of all liens. 740
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In accordance with Title 16 Chapter 61E of the Code of Alabama 1975, each LEA Group member shall pay its 741share of expenditures for purchases under any agreement in the manner set forth in the agreement and in the 742same manner as it pays other expenses of the LEA. 743
If an award is made to a Qualified Responder, such awarded Contract Holder and/or chosen AR shall 744receive Purchase Orders as normally done to furnish the awarded service to the LEA Group Member. 745Purchases made through resulting contract of this RFP must be offered to only those school systems, 746universities, and colleges participating in the program (LEA Group Members) and listed on the ALJP 747Web site. Prior to the issue of a purchase order, the LEA Group Member may request an official ALJP 748Contract Quote. For audit purposes only the Sales Contacts listed authorized to sell a service product 749or products from the awarded service contract should provide a quote to interested LEA Group 750Members, upon their request(s), with the following information present and documented: 751
* ALJP Contract Number 752* All pricing information including 753
o Non ALJP Discounted price from Service Product Offering and Base Pricing 754o ALJP Discount Provided 755o Additional Discounts (if applicable) 756o Total price for Quote 757
* Sales Contact Information 758* The quote should not include products from other services not covered under the specific ALJP 759
Contract 760
Individual schools or ALSDE‐recognized entities of the LEA Group members may also purchase 761products from the awarded contracts through their system technology coordinator or designee. They 762must contact the system technology coordinator or purchasing agent for instructions. 763
All documentation of purchases from the resulting contract(s) shall include reference to the assigned 764ALJP Contract number. 765
The ALSDE will not participate in any individual purchase(s) between the awarded vendor and LEA Group 766member. The ALSDE provides assistance through the publishing of current and official contract information on 767the ALJP Website, approving and monitoring the Websites and required documentation developed by the 768Contract Holder(s) and other administrative functions of the awarded contract(s). It is not the intent of the 769ALSDE to be involved in individual purchases using resulting contract(s) unless a conflict arises with contract 770terms and conditions. 771
772
773
SEPARATION774
The LEA Group members may provide information to the ALSDE concerning the awarded contract performance 775consisting of the ability to meet contract obligations, quality of customer service, and other vendor 776
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performance factors. This information will be evaluated throughout the contract(s) life by the committee to 777determine if a termination of contract is warranted. The ALSDE will provide a formal mechanism for such 778communications with the LEA Group Members. 779
Possible reasons for contract termination may include any of the following: 780
Failure to meet the requirements of this RFP throughout the contract period including a current and 781non‐obsolete ISO‐9001 certification; 782
Failure to deliver the services or product(s) purchased within an agreed upon time period or period 783specified on the Purchase Order. In cases that are proven to be beyond the control of the contract 784holder or authorized reseller some exceptions may be considered; 785
Failure to provide pricing structure that does not meet the lowest corresponding price; 786
Failure of Contract Holder or Contract Holder’s ARs to provide purchasing information as described 787within this RFP; 788
Improper delivery; 789
Failure to provide services or product(s) that are in conformance with the specifications referenced in 790the RFP; 791
Failure to provide services products at or below prices described within catalog; 792
Failure to provide quarterly update information (Contract Activity Reports); 793
Delivery of a defective service or products without replacement; 794
Insolvency or bankruptcy; 795
Failure to protect, to repair, or to make good any damage or injury to property; or 796
The Contract Holder will provide a quarterly report of all purchases and relative information such as LEA Group 804Member’s name, date of purchase; item(s) purchased, Purchase Order Number, purchase price, etc. This 805information must be made available, by the vendor, to the ALSDE on a quarterly basis. 806
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These Contract Activity Reports should be made available in detail on the provided ALJP Website once contract 807has been awarded. The ALSDE may provide additional online forms for data entry with respect to contract 808activities. 809
If AR are applicable, the awarded Contract Holder must include individual information from these entities in 810the report as well. 811
Purchasing information may be gathered from LEA Group Members during audits or other events and 812compared to the Contract Activity Reports that indicate a purchasing action by the LEA Group Member. 813
SEVERABILITY814
If any provision of this RFP or resulting contract(s) is declared by a court to be illegal or in conflict with any law, 815then the parties shall give effect to the balance of the RFP or resulting contract(s) to the extent possible. 816
817
DISBARMENTFROMPARTICIPATION818
If, within the past five (5) years, the Qualified Responder has been disbarred, suspended, or otherwise lawfully 819precluded from participating in any public response activity with any federal, state, or local government, the 820Qualified Responder must include a letter with the response package describing detailed information relating 821to the disbarment or suspension. 822
Failure to supply such a letter may result in a disqualified response or cancellation of contract. 823
Each service listed in the Services Requested section of this document is to be addressed by the name of the 837Service listed. In general, reference to this Request for Proposal as a whole will be indicated by ALJP2014T. 838
All communication regarding this Request for Proposal must be directed to the response coordinator listed in 839section above. 840
All communication must be in written form through the use of Web site question submission or email if 841applicable. 842
All comments and questions must be made via web (visit http://aljp.alsde.edu), by the deadline specified in 843the schedule of events listed in Schedule of Events section. 844
Each communication in relation to a specific service requested must be clearly marked with the ALJP2014T 845entered in the subject area of the email or on the envelope. 846
The ALSDE will not be held responsible for delays or technical problems that may arise due to temporary 847failure of email or Web site availability. 848
In the event that the interested vendor does not have access to the Web site, all communications may be sent 849by email and/or regular mail but must be received by the ALSDE prior to the deadline specified in the schedule 850of events listed in Schedule of Events section. 851
The ALSDE will respond to all timely written communications through posting of questions and responses via 852Website. The Website will be available at http://aljp.alsde.edu. 853
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It is the responsibility of the Qualified Responder to monitor this site for information updates, instructions, or 854addendums. 855
Any information, other than the information provided in this Request for Proposal and Website, given by the 856ALSDE should be considered for informational purposes only. 857
SCHEDULE OF EVENTS: 858
Event Date‐Time (Central Time Zone)
ALSDE Release of RFP for Response 12/13/2013
Responder’s Web Conference
See website http://aljp.alsde.edu for detail. 12/19/2013 10:00 AM – 11:00 AM
Deadline for Questions 01/09/2014, 10:30 AM
Deadline for Submitting Response to RFP 01/21/2014, 4:30 PM
Public Response Opening 01/22/2014, 9:00 AM
ALSDE and Committee Evaluation Process Begins 01/22/2014
Awarding of Contracts 01/23/2014 ‐
Purchasing by LEA Group May Begin Date(s) to be posted on ALJP Website
The complete response submittal will consist of the following elements specific to an ALJP2014T RFP Response 866in the order listed: 867
1. Fully Completed ALJP2014T RFP Document Printed & Two Digitized Copies on two separate CDs. 868a. Each page must be initialed. 869b. Entry items located throughout this document, must be addressed and completed. The 870
“Vendor Response Section” should be fully addressed. 871 872
RESPONSE PACKAGE SUBMISSION 873
Responders are to provide a single response package for the services they offer. 874
FINAL RESPONSE FORMAT (ADDITIONAL GUIDANCE) 875
The Qualified Responder will provide the response in a 3‐Ring binder (hardshell) that will have secure 876pockets for the required CD or DVD. Your response must not deviate from the format described within 877this document. 878
Additionally, two copies of the response submission in digitized form must also be submitted with the 879response package. The digitized format must include a single portable document file (or PDF) 880containing the complete response. The two identical digital files must be submitted on two separate 881CDs or DVDs. The Qualified Responder must self‐verify the files before inclusion in submitted response 882package. 883
Each securely sealed package must be clearly marked with the ALJP2014T. Please include a “DO NOT 884OPEN” message clearly on the package. 885
o If package is boxed inside a carrier’s box then that box should also have the ALJP2014T clearly 886visible. 887
888
RESPONSE DELIVERY ADDRESS 889
Submitted response packages must be mailed or hand delivered to the ALSDE using either of the 890following two addresses: 891
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COURIER MAIL 892
Alabama State Department of Education 893Education Information 894ATTENTION: Jerome Browning 89550 N. Ripley St. 8965315 Gordon Persons Building 897Montgomery, AL 36104‐3833 898 899
REGULAR MAIL 900
Alabama State Department of Education 901Education Information 902ATTENTION: Jerome Browning 9035315 Gordon Persons Building 904P.O. Box 302101 905Montgomery, AL 36130‐2101 906 907
Submittal as described above must be made by the date and time expressed in the schedule of events. Do not 908use any other address other than the information listed above. 909
No other format (Fax, email, etc.) will be accepted. 910
911
COST OF PREPARING RESPONSES 912
The ALSDE will not reimburse any cost the Responder may have in the preparation and submittal of 913any response package. 914
It should be noted that the use of Microsoft Word 2007/2013, Microsoft Excel 2007/2013 and Adobe 915Acrobat 9 Professional may be required. 916
Scanning or digitizing documents will be required. 917
RESPONDER ERRORS 918
REVISIONS TO PREVIOUSLY SUBMITTED RESPONSES 919
Any Responder who submits a response package and finds it needs revisions or canceling may do so 920via email notification to the coordinator. The ALSDE will not open sealed responses before response 921opening date and time. If revisions are needed then the responder must notify the coordinator via 922email of the cancellation of current response package and submit a new response package before the 923deadline for submitting responses. 924
The Responder is responsible for cancelled response package(s). The cancelled response package(s) 925will remain sealed and be voided in the response process. It will be discarded upon notification of the 926Responder unless Responder arranges for pick‐up. 927
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Responders are responsible and liable for all errors or omissions contained in their response packages. 928
REQUEST FOR PROPOSAL AMENDMENTS AND CANCELLATION 929
The ALSDE in conjunction with the Montgomery County School System reserves the right to amend 930this Request for Proposal at any time. 931
The ALSDE also reserves the right to cancel and/or reissue this Request for Proposal at its sole 932discretion. 933
Any amendments or cancellations regarding this Request for Proposal will be made via Web site 934announcements (http://aljp.alsde.edu or specifically 935https://connect.alsde.edu/sites/eia/aljp/SitePages/Home.aspx ). It is the Responder’s responsibility to 936monitor Web site for such information on a daily basis. 937
RIGHT TO REJECT RESPONSE PACKAGES 938
The ALSDE reserves the right to reject any and all submitted response packages at ALSDE discretion. 939 The ALSDE reserves the right to cancel this Request for Proposal in its entirety. 940 Any response package submitted, which does not meet the requirements set forth within this Request 941
for Proposal including the ISO requirement, will be considered a non‐response and will not be 942considered. 943
Responder must comply with all terms of this Request for Proposal (RFP) and applicable State Laws, 944including but not limited to Title 16 Chapter 61E of the Code of Alabama 1975, and regulations (see 945http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm). 946
The ALSDE will reject any proposal that does not comply with all the terms, conditions, and 947performance requirements of this RFP. 948
In the event a service does not receive a response package or receives a single response package for a 949specific service, the ALSDE reserves the right to negotiate with known vendors to provide the service 950to the LEA Group members. 951
RESPONSE PACKAGE AND PUBLIC INFORMATION 952
All response packages and any materials submitted in response to this RFP by the Responder become 953the property of the ALSDE. Selection or rejection of a response package does not affect this right. 954
All information provided by the Responder in the response package will be available for public viewing 955upon request after response opening. 956
o All responses received may be posted on an ALSDE Web site. 957o The response package submitted must be made available digitally on the Potential PLC 958
Website 959 By submitting a response package the Responder acknowledges and accepts that the full contents of 960
the response package will be made available for public inspection. 961
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By submitting a response package the Responder agrees to all requirements, terms, and conditions of 962
the RFP. 963
QUALIFIED RESPONDER RESPONSE DETAIL 964
ALL QUALIFIED RESPONDERS MUST USE THE RESPONSE TEMPLATES AND OTHER TEMPLATES AS 965
REQUIRED IN THEIR RESPONSE TO THIS RFP. 966
Any additional documents attached that are not stated as a requirement may or may not be used for 967
your response evaluation. 968
Required documentation must be attached or inserted in the space as instructed. 969
970
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VENDORRESPONSESECTION971
INSTRUCTIONS972
Interested vendors should follow the following steps in preparing and submitting a response to this RFP: 973
1) Download and print a copy of the RFP. 9742) Read the entire document to determine if you are interested in submitting a response to the RFP. 9753) If you are interested then you should continue. 9764) Print a complete and fresh copy of this RFP. 9775) Enter required information on the Cover Page of the printed RFP document. 9786) Verify reading of all pages by handwriting initials in the lower right of each page. 9797) Submit questions as directed in the General Instructions section of this RFP. 9808) Respond to certain requirements and elements of this RFP as directed in the remainder sub‐sections of this 981
Vendor Response Section. 982a) Each subsection is a divider and in the final printout tabbed section dividers would be advisable. 983b) Each subsection may include a YES or NO indication. QR must select the correct response for each. 984c) The subsection may also have other questions for the QR to respond using the identifying subsection 985
page as well, the QR must respond accordingly 986d) If a subsection is marked REQUIRED then the QR must also insert the corresponding documentation 987
required immediately following the subsection title and information page. This may require the 988creation of a document in a separate application such as WORD. 989
9) Once all elements of this RFP are addressed the QR must gather the RFP document with all responses and 990inserted within and digitize the entire response into a PDF file. To be included on either a CD or DVD 991(Thumb drives/ Flash drives will be accepted). A copy of the Digital file must be placed and verified on two 992media (CD/DVD/Flash Drives) and submitted securely within a three binder with inside pouch or a zippered 993pencil pouch. 994
10) Once digital copies (pdf) are made then the entire document should be formatted for a three ring binder – 995proper punch holes, tabbed dividers, etc… 996
11) Follow instruction in submitting entire response in the General Instructions section of this document. 997
Insert all ISO Certificate Information and Documentation. (More Detail..) 1003
1004
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1005
OTHERREQUIREDCREDENTIALS1006
Applicable:_____YES_____NO1007
Describe the required Federal, State and/or Local credentials to provide the services listed in the proposed 1008catalog, in detail. Insert copies of required credentials as described. 1009
Describe any other credentials your company and staff may have that reflect the quality of services performed 1010and/or products proposed in catalog. 1011
1012
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1013
E‐VERIFYDOCUMENTATION‐REQUIRED1014
Insert required documentation 1015
1016
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1017
REFERENCES‐REQUIRED1018
Insert Reference information as described within this RFP. 1019
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CATALOGANDCATALOGPRICING‐REQUIRED1020
In detail, describe in conversational format the proposed services and/or related products proposed. Include 1021discussion concerning the proposed pricing/discount model. (Continued from cover page but with more detail) 1022
1023
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1024
CATALOGTYPEPROPOSED‐REQUIRED1025
Indicate the type catalog proposed: (More information..) Circle one only 1026
If a single discount off catalog services and products is proposed then enter that percent discount in the single box 1049provided (light blue area) 1050
Complete the Categorical Discounts section (grey area) if and only if you are proposing categorical discounts on the 1051products of the proposed service catalog. Add an additional page if necessary. 1052
Insert Information as described within this RFP 1061
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1062
AreasofServiceCoverage‐REQUIRED1063
Are the services submitted in your proposed catalog available to ALL LEA Group Members located within the 1064State of Alabama? Circle One: YES NO 1065
If YES then move to next subsection. If NO then complete the following: 1066
Insert a QR created Service Coverage Map of Alabama regions/Areas of Service. 1067
Indicate the cities that services proposed in this RFP are available to LEA Group Members as described within 1068this RFP. Check the cell in front of the “Physical City” and respective area code if proposed services are and 1069will be available: (Note: There are 480 listed below on several pages. Some cities do indicate multiple zip codes.) 1070
1071
Cities of Service Coverage
Physical City ZIP5
Abbeville 36310
Adamsville 35005
Addison 35540
Akron 35541
Alabaster 35007
Alberta 36720
Albertville 35950
Albertville 35951
Alexander City 35010
Alexandria 36250
Aliceville 35442
Alpine 35014
Altoona 35952
Andalusia 36420
Andalusia 36421
Anderson 35610
Anniston 36201
Anniston 36206
Anniston 36207
Arab 35016
Ardmore 35739
Ariton 36311
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Cities of Service Coverage
Physical City ZIP5
Arley 35541
Ashford 36312
Ashland 36251
Ashville 35953
Athens 35611
Athens 35613
Athens 35614
Atmore 36502
Attalla 35954
Auburn 36830
Autaugaville 36003
Axis 36505
Baileyton 35019
Banks 36005
Bay Minette 36507
Bayou La Batre 36509
Bear Creek 35543
Beatrice 36425
Berry 35546
Bessemer 35020
Bessemer 35022
Bessemer 35023
Big Cove 35763
Billingsley 36006
Birmingham 35203
Birmingham 35204
Birmingham 35205
Birmingham 35206
Birmingham 35207
Birmingham 35208
Birmingham 35210
Birmingham 35211
Birmingham 35212
Birmingham 35214
Birmingham 35215
Birmingham 35217
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Cities of Service Coverage
Physical City ZIP5
Birmingham 35218
Birmingham 35221
Birmingham 35222
Birmingham 35224
Birmingham 35228
Birmingham 35234
Birmingham 35242
Birmingham 35243
Birmingham 35244
Blountsville 35031
Boaz 35956
Boaz 35957
Boligee 35443
Bon Secour 36511
Brantley 36009
Bremen 35033
Brent 35034
Brewton 36426
Bridgeport 35740
Brighton 35020
Brilliant 35548
Brookwood 35444
Brundidge 36010
Bryant 35958
Buhl 35446
Butler 36904
Calera 35040
Camden 36726
Carbon Hill 35549
Castleberry 36432
Cedar Bluff 35959
Center Point 35215
Centre 35960
Centreville 35042
Chatom 36518
Chelsea 35043
ALJP2014T
December13,2013Page53of83Initials:___________
Cities of Service Coverage
Physical City ZIP5
Cherokee 35616
Chickasaw 36611
Childersburg 35044
Citronelle 36522
Clanton 35045
Clay 35048
Clayton 36016
Cleveland 35049
Coker 35452
Collinsville 35961
Columbia 36319
Columbiana 35051
Coosada 36020
Cordova 35550
Cottondale 35453
Cottonwood 36320
Courtland 35618
Cropwell 35054
Crossville 35962
Cuba 36907
Cullman 35055
Cullman 35057
Cullman 35058
Dadeville 36853
Daleville 36322
Danville 35619
Daphne 36526
Dauphin Island 36528
Deatsville 36022
Decatur 35601
Decatur 35603
Demopolis 36732
Dixons Mills 36736
Dora 35062
Dothan 36301
Dothan 36303
ALJP2014T
December13,2013Page54of83Initials:___________
Cities of Service Coverage
Physical City ZIP5
Dothan 36305
Double Springs 35553
Douglas 35964
Duncanville 35456
Dutton 35744
East Brewton 36426
Eclectic 36024
Eight Mile 36613
Elba 36323
Elberta 36530
Elkmont 35620
Enterprise 36330
Eufaula 36027
Eutaw 35462
Eva 35621
Evergreen 36401
Excel 36439
Fairfield 35064
Fairhope 36532
Falkville 35622
Fayette 35555
Five Points 36855
Flat Rock 35966
Flomaton 36441
Florala 36442
Florence 35630
Florence 35632
Florence 35633
Florence 35634
Foley 36535
Fort Deposit 36032
Fort Mitchell 36856
Fort Payne 35967
Fosters 35463
Fruitdale 36539
Fruithurst 36262
ALJP2014T
December13,2013Page55of83Initials:___________
Cities of Service Coverage
Physical City ZIP5
Ft Mitchell 36856
Ft Payne 35967
Fultondale 35068
Fyffe 35971
Gadsden 35901
Gadsden 35903
Gadsden 35904
Garden City 35070
Gardendale 35071
Gaylesville 35973
Geneva 36340
Georgiana 36033
Geraldine 35974
Gilbertown 36908
Glencoe 35905
Gordo 35466
Goshen 36035
Grand Bay 36541
Grant 35747
Graysville 35073
Greensboro 36744
Greenville 36037
Grove Hill 36451
Guin 35563
Gulf Shores 36542
Guntersville 35976
Gurley 35748
Hackleburg 35564
Haleyville 35565
Hamilton 35570
Hampton Cove 35763
Hanceville 35077
Hartford 36344
Hartselle 35640
Harvest 35749
Hayden 35079
ALJP2014T
December13,2013Page56of83Initials:___________
Cities of Service Coverage
Physical City ZIP5
Hayneville 36040
Hazel Green 35750
Headland 36345
Heflin 36264
Helena 35080
Henagar 35978
Higdon 35979
Highland Home 36041
Hobson City 36203
Hokes Bluff 35903
Holly Pond 35083
Hollywood 35752
Holt 35404
Homewood 35209
Hoover 35226
Hoover 35242
Hoover 35243
Hoover 35244
Hope Hull 36043
Hueytown 35023
Huntsville 35801
Huntsville 35802
Huntsville 35803
Huntsville 35805
Huntsville 35806
Huntsville 35810
Huntsville 35811
Huntsville 35816
Huntsville 35824
Ider 35981
Irondale 35210
Irvington 36544
Jack 36346
Jackson 36545
Jacksonville 36265
Jasper 35501
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Jasper 35503
Jasper 35504
Jemison 35085
Killen 35645
Kimberly 35091
Kinston 36453
Laceys Spring 35754
Lafayette 36862
Lanett 36363
Lanett 36863
Leeds 35094
Leighton 35646
Leroy 36548
Lester 35647
Letohatchee 36047
Lexington 35648
Lincoln 35096
Linden 36748
Lineville 36266
Lipscomb 35020
Livingston 35470
Loachapoka 36865
Lockhart 36455
Locust Fork 35097
Logan 35098
Louisville 36048
Lower Peachtree 36751
Loxley 36551
Luverne 36049
Lynn 35575
Madison 35757
Madison 35758
Maplesville 36750
Marbury 36051
Margaret 35112
Marion 36756
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Maylene 35114
McCalla 35111
McIntosh 36553
McKenzie 36456
Mentone 35984
Meridianville 35759
Midfield 35228
Midland City 36350
Millbrook 36054
Millport 35576
Millry 36558
Mobile 36603
Mobile 36604
Mobile 36605
Mobile 36606
Mobile 36607
Mobile 36608
Mobile 36609
Mobile 36610
Mobile 36617
Mobile 36618
Mobile 36619
Mobile 36693
Mobile 36695
Monroeville 36460
Montevallo 35115
Montgomery 36104
Montgomery 36105
Montgomery 36106
Montgomery 36107
Montgomery 36108
Montgomery 36109
Montgomery 36110
Montgomery 36111
Montgomery 36116
Montgomery 36117
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Moody 35004
Morris 35116
Moulton 35650
Moundville 35474
Mount Olive 35117
Mount Vernon 36560
Mountain Brook 35213
Mountain Brook 35223
Mt Hope 35651
Munford 36268
Muscle Shoals 35661
Nauvoo 35578
New Brockton 36351
New Hope 35760
New Market 35761
New Site 36256
Newbern 36765
Newton 36352
Northport 35473
Northport 35475
Northport 35476
Notasulga 36866
Oakman 35579
Odenville 35120
Ohatchee 36271
Oneonta 35121
Opelika 36801
Opelika 36804
Opp 36467
Orange Beach 36561
Orrville 36767
Owens Cross Rds 35763
Owens Cross Roads 35763
Oxford 36203
Ozark 36360
Panola 35477
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Parrish 35580
Pelham 35124
Pell City 35125
Pell City 35128
Perdido 36562
Phenix City 36867
Phenix City 36869
Phenix City 36870
Phil Campbell 35581
Piedmont 36272
Pike Road 36064
Pinckard 36371
Pine Hill 36769
Pinson 35126
Pisgah 35765
Plantersville 36758
Pleasant Grove 35127
Prattville 36066
Prattville 36067
Priceville 35603
Prichard 36610
Princeton 35766
Quinton 35130
Ragland 35131
Rainbow City 35906
Rainsville 35986
Ramer 36069
Ranburne 36273
Randolph 36792
Red Bay 35582
Red Level 36474
Reform 35481
Rehobeth 36301
Remlap 35133
Repton 36475
Roanoke 36274
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Robertsdale 36567
Robertsdale 36576
Rockford 35136
Rogersville 35652
Russellville 35653
Russellville 35654
Salem 36874
Samson 36477
Sand Rock 35983
Saraland 36571
Sardis 36775
Sardis City 35956
Satsuma 36572
Scottsboro 35768
Scottsboro 35769
Seale 36875
Section 35771
Selma 36701
Selma 36703
Semmes 36575
Sheffield 35660
Shelby 35143
Shorter 36075
Silverhill 36576
Sipsey 35584
Skipperville 36374
Slocomb 36375
Smiths Station 36877
Somerville 35670
Southside 35907
Spanish Fort 36527
Spring Garden 36275
Springville 35146
Stapleton 36578
Steele 35987
Stevenson 35772
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Sulligent 35586
Sumiton 35148
Summerdale 36580
Sweet Water 36782
Sycamore 35149
Sylacauga 35150
Sylacauga 35151
Sylvania 35988
Talladega 35160
Tallassee 36078
Tanner 35671
Tarrant 35217
Theodore 36582
Thomaston 36783
Thomasville 36784
Thorsby 35171
Toney 35773
Town Creek 35672
Trinity 35673
Troy 36081
Trussville 35173
Tuscaloosa 35401
Tuscaloosa 35404
Tuscaloosa 35405
Tuscaloosa 35406
Tuscumbia 35674
Tuskegee 36083
Tuskegee Institute 36088
Union Grove 35175
Union Springs 36089
Uniontown 36786
Uriah 36480
Valley 36854
Valley Grande 36701
Valley Grande 36703
Valley Head 35989
ALJP2014T
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Cities of Service Coverage
Physical City ZIP5
Vance 35490
Verbena 36091
Vernon 35592
Vestavia Hills 35216
Vestavia Hills 35242
Vestavia Hills 35243
Vina 35593
Vincent 35178
Vinemont 35179
Wadley 36276
Walnut Grove 35990
Warrior 35180
Waterloo 35677
Weaver 36277
Webb 36376
Wedowee 36278
West Blocton 35184
Wetumpka 36092
Wetumpka 36093
Wilmer 36587
Wilsonville 35186
Winfield 35594
Woodland 36280
Woodstock 35188
Woodville 35776
York 36925
1072
See more information concerning Areas of Service 1073
Provide any other QR contacts and contact information that may be needed by the ALSDE during evaluation 1095and contract maintenance. 1096
1097
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SUPPLEMENTALAGREEMENTS&LICENSINGPROGRAMS1098
Applicable:_____YES_____NO1099
1100
If applicable insert information and documentation. 1101
1102
1103
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1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
APPENDICES 1117
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ISO 9001 CLARIFICATION 1118
1119
The ALSDE and ALJP2007 LEA Group Committee will remain consistent with Chapter 61E of the Code of 1120
Alabama 1975. It is clearly stated within the law that “The Legislature therefore desires to authorize the joint 1121
purchase of information technology and competitive bidding as well as ensure quality vendors.” This 1122
statement is recognized by the ALSDE and Committee and we believe it is supported by the ISO‐9001 1123
certification requirement within the law. The ISO‐9001 certification requirement is a practical requirement to 1124
ensure our schools are able to purchase information technology from quality vendors. A company/vendor 1125
having this current and up‐to‐date certification has demonstrated, and been certified by an ISO Registrar, 1126
quality and exemplary business management in terms of customer service, sound consistent business 1127
practices, and the proven ability to offer services and products to the participating Alabama Public School 1128
Systems (LEA Group). The Title 16 Chapter 61E of the Code of Alabama 1975 (formerly known as Alabama Act 1129
No. 2003‐392), signed into law on June 23, 2003 by Governor Bob Riley, is the guiding document in the 1130
creation and administration of this response and resulting contract(s). 1131
1132
The ALSDE’s interpretation of the term “affiliates” as included in the ISO‐9001 requirement stated within the 1133
Title 16 Chapter 61E of the Code of Alabama 1975 that “any companies that have ISO‐9001 certification or any 1134
companies or contractors whose affiliates, subdivisions, subsidiaries, or departments have ISO‐9001 1135
certification can response on the information technology to be jointly purchased.” It is not the ALSDE’s 1136
position to make an interpretation of a set term within a law if it is defined elsewhere in state law or federal 1137
law. The ALSDE prefers to use such related and documented definitions when available. A primary resource in 1138
the defining of the term “affiliates” is the Code of Alabama 1975, Title 6 “Civil Law”, Chapter 12, and Section 6‐1139
12‐2: 1140
SECTION 6 ‐12 ‐2 1141
2) AFFILIATE. A person who directly or indirectly owns or controls, is owned or controlled by, or is under 1142common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," 1143"is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or 1144more, and the term "person" means an individual, partnership, committee, association, corporation, or any 1145other organization or group of persons. 1146
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Though this definition within the law relates to “Escrow Fund for Certain Tobacco Product Manufacturers” the 1147
ALSDE considers this definition as “our definition” of the term affiliate. This may also be considered as our 1148
defined “interpretation” of the term affiliates, if necessary. 1149
In additional support of our definition of the term affiliate, we find it is consistent with the Federal 1150
Communication Commission (FCC), in the Telecommunications Act of 1996 (available on the Internet at 1151
http://www.fcc.gov/Reports/tcom1996.txt located in section 3 of the document) stating the following: 1152
“The term `affiliate' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or 1153is under common ownership or control with, another person. For purposes of this paragraph, the term “own” 1154means to own an equity interest (or the equivalent thereof) of more than 10 percent.” 1155
This definition is relational and crucial in our definition of an affiliate. One of the major purposes for the 1156
ALSDE’s involvement as the administrator of the ALJP Program is to provide a state master contract for LEAs to 1157
purchase Information Technology (in accordance with Title 16 Chapter 61E of the Code of Alabama 1975). The 1158
ALJP RFPs relate to the Telecommunications Act of 1996. The Telecommunications Act of 1996 formed the 1159
program commonly known as “E‐Rate” which is administered by the Universal Services Administrative 1160
Company (USAC) and the Schools & Libraries Division (SLD). This program provides various discounts on eligible 1161
services and products depending on an applicant’s (LEAs and respective schools) level of poverty reflected 1162
primarily by their Free & Reduced Lunch ratios. The services listed in ALJP RFPs may include “E‐Rate” eligible 1163
products. This provides a connection or relationship between the Telecommunications Act of 1996 and the 1164
ALJP RFPs in relation to the definition of “affiliate.” The ability for our LEAs to use the ALJP resulting 1165
contract(s) will assist them by reducing their time and effort, and paperwork in making E‐Rate applications for 1166
discounts by eliminating need required Form 470 which is basically the bidding process required by USAC and 1167
the FCC. 1168
A similar definition can be found in the Gramm‐Leach‐Bliley Act 15 USC, Subchapter I, Sec. 6801‐6809 available 1169
on the Internet at http://www.ftc.gov/privacy/glbact/glbsub1.htm#6809 Disclosure of Nonpublic Personal 1170
Information provided by the Federal Trade Commission the definition of affiliate as: 1171
(6) Affiliate 1172
The term ''affiliate'' means any company that controls, is controlled by, or is under common control with 1173another company. 1174
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As a result of this analysis, the ALSDE and Committee will remain consistent with the ISO‐9001 requirement 1175
that “any companies that have ISO‐9001 certification or any companies or contractors whose affiliates, 1176
subdivisions, subsidiaries, or departments have ISO‐9001 certification can response on the information 1177
technology to be jointly purchased…” as it is written with the definition (or clarification) of “affiliates” as: 1178
AFFILIATE. A person who directly or indirectly owns or controls, is owned or controlled by, or is under common 1179ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" 1180and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and 1181the term "person" means an individual, partnership, committee, association, corporation, or any other 1182organization or group of persons. (Code of Alabama 1975, Title 6 “Civil Law”, Chapter 12). 1183
The terms subdivisions, subsidiaries, and departments will be considered synonymously with affiliates. It is 1184
also important to understand that a company that is not ISO‐9001‐certified that simply purchases products 1185
listed in the service listing (modified in Item #2) from an ISO‐9001 Certified Manufacturer/Publisher for resell, 1186
does not meet the affiliates definition. If a response is submitted by a company or contractor that is not ISO‐1187
9001‐certified and is not affiliated with an ISO‐9001‐certified entity (see definition of “affiliate” above) it (the 1188
response package) will be disqualified as not meeting the criteria set forth in Title 16 Chapter 61E of the Code 1189
of Alabama 1975, signed into law on June 23, 2003 by Governor Bob Riley, is the guiding document in the 1190
creation and administration of this response and resulting contract(s). 1191
However, if the responding company does meet ISO‐9001 certification requirement, then that company, if 1192
awarded the contract, can name authorized resellers that could include companies that do not meet the ISO‐1193
9001 or affiliate requirement. An authorized reseller of a service manufactured/published does not 1194
automatically meet the definition of an affiliate. Authorized resellers can be removed by awarded company in 1195
accordance with their definition of an authorized reseller. 1196
The responding company/vendor listed on the cover page must meet the ISO‐9001 certification or be a 1197
vendor who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership 1198
or control with, another vendor of which the ownership represents 10% equity of a company that is currently 1199
ISO‐9001‐certified. If there is an affiliated relationship and the awarded vendor does not actually hold the 1200
certification, the Responder must include documentation of proof that the responding vendor has an affiliation 1201
or is a subdivision, subsidiary, or department of a company that does have a ISO‐9001 certification, in 1202
accordance to the definition stated above, including a letter of qualification on the ISO‐9001. This letter 1203
should be on the ISO‐9001‐certified company’s letterhead and signed by an authorized official of the company 1204
ALJP2014T
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as well as notarized. The content of the letter should describe the relation between the two companies and 1205
how the definition of affiliate is met including a description of the ownership or control. An ISO‐9001 1206
certificate should be included and in the “ISO CERTIFICATION INFORMATION” area on the cover page, the certifying 1207
company’s information should be entered. Adjacent to the title of that section, the Responder will include a 1208
statement that identifies the relation to the certified company. This statement should read: In Affiliation 1209
With…, Subdivision of …, Subsidiary of …, or A Department of …. (Ex: In Affiliation with XYZ Corp.). 1210
(4) TheVendorwill combinebasepricing from theServiceProductOffering&BasePricing1261sourceandtheawardeddiscountinformationtomaintaintheALJPPriceListandupdates1262thisfiletobelocatedontheServiceContractWebsite.TheVendorwillnotifytheALSDEof1263thisoranychangestoinformationontheServiceContractWebsitewithashortdescription1264ofthechange(s)viaanemailtoaljp@alALSDE.edu.ALSDErequiresthatonlytheawarded1265brandedproductsbeincludedontheALJPPriceListing.1266
(1) Dispute Resolution. The parties shall attempt, in good faith, for a period of not less than 1299thirty (30) days to resolve any controversy, claim, or dispute arising out of this Agreement 1300through negotiations. Furthermore, should the parties be unable to resolve any disputes 1301arising under the terms of this Contract, the parties hereto agree, in compliance with the 1302recommendations of the Governor and Attorney General, when considering settlement of 1303such disputes, to utilize appropriate forms of non-binding alternative dispute resolution 1304including, but not limited to, mediation by and through the Attorney General’s Office of 1305Administrative Hearings or where appropriate, private mediators. 1306
1307(2) Termination by the State. This Contract may be terminated by the State for Default, as 1308
follows: 1309 1310
a. Termination for Default. The State shall have the right to terminate this 1311Contract for Default by (Vendor) upon thirty (30) day written notice. A 1312Default shall be deemed to have occurred if (Vendor) breaches any 1313primary obligations, terms or conditions of this Contract and fails to cure 1314such breach within thirty (30) days after receipt of written notice from the 1315State concerning such breach. 1316
1317b. Termination for Vendor Bankruptcy. To the extent permitted by 1318
applicable law, in the event of the filing of a petition in bankruptcy by or 1319against Vendor, which is not dismissed within thirty (30) days, the State 1320shall have the right to terminate this Contract upon ten (10) days advance 1321written notice. 1322
1323
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IV. Miscellaneous. 1324 1325 1326(1) If any provision of this Contract is invalid or unenforceable under any applicable statute 1327
or rule of law, this Contract shall be enforced to the maximum extent possible to 1328effectuate the original express intent of the parties. 1329
1330(2) The person executing this Contract on behalf of a party represents that he/she is 1331
authorized to sign this Contract on behalf of such party and warrants that he/she has full 1332power to enter into this Contract on behalf of such party. 1333
1334(3) Any and all notices shall be sent by United States First Class or Certified Mail or by a 1335
courier service furnishing proof of delivery (postage and delivery prepaid) to the 1336addresses for the parties set forth below. Either party may change its notice address by 1337notifying the other in like manner. 1338
1339If to Vendor: 1340 1341 1342Company 1343Address 1344City, ST, zip 1345 1346If to ALSDE: 1347 1348 1349Warren Craig Pouncey 1350ALJP2013WT 13515119 Gordon Persons Building 135250 North Ripley St. 1353Montgomery, AL 36102 1354
1355 1356
(4) This Contract shall be governed by and construed in accordance with the laws of the State 1357of Alabama. 1358
1359(5) This Contract shall be administered on behalf of the State by the ALSDE. 1360
1361(6) Neither party shall use the name of the other for any commercial purpose without the 1362
prior written consent of the other, except that Vendor may, without prior written consent, 1363identify the State in reference listings as a client of Vendor, if such identification does 1364not include the State's endorsement of the services of Vendor. 1365
1366 1367
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(7) This Contract, together with the response response hereto, constitutes the complete and 1368entire agreement between the parties. This Contract supersedes all prior discussions, 1369understandings, arrangements and negotiations between the parties with respect to the 1370subject matter of this Contract. The terms and conditions of this Contract shall prevail 1371notwithstanding any variance with the terms and conditions of any order submitted with 1372respect to the Support Services, equipment, supplies or any related services provided in 1373this Contract. This Contract shall not be modified, amended, rescinded, canceled or 1374waived in whole or in part without the written agreement signed by both parties. 1375 1376
1377V. Required State Provisions. 1378
1379(1) It is understood that there is no entitlement to any State Merit System benefits to anyone 1380
working under the terms of this Contract. 1381 1382(2) Notwithstanding any provision within this Contract to the contrary, no travel is to be paid 1383
by the State under this Contract unless approved in advance by the State Superintendent 1384and agreed for reimbursement to the State by the State Finance Director. 1385
1386(3) The State Superintendent of Education, through his designated representatives, will 1387
sponsor and approve the purposes, administration, and supervision of all phases of the 1388services to be provided. 1389
1390(4) The initial duration of this agreement is startdate, through June 30, 2012 with 1391
aforementioned extensions. Either party upon receipt of a 30-day written notification 1392may terminate the agreement. 1393
1394(5) It is agreed that the terms and commitments contained herein shall not be constituted as 1395
a debt of the State of Alabama in violation of Article II, Section 213 of the Constitution 1396of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if 1397any provision of this Contract shall contravene any statue or Constitutional provision or 1398amendment, either now in effect or which may, during the course of this Contract, be 1399enacted, then that conflicting provision in the Contract shall be deemed null and void. 1400The contractor’s sole remedy for the settlement of any and all disputes arising under the 1401terms of this agreement shall be limited to the filing of a claim with the Board of 1402Adjustment for the State of Alabama. 1403
1404(6) This agreement is subject to termination in the event of proration of the fund from which 1405
payment under this agreement is to be made. 1406 1407
(7) Neither party shall have the right to assign or transfer its rights or obligations under this 1408contract without the consent of the other party. 1409
1410(8) All funds paid under the terms and conditions of this Contract shall be used for purposes 1411
permitted and consistent with Alabama law. 1412
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1413
(9) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT 1414(ACT 2011-535) ALABAMA LAW (ACT 2011-535) PROVIDES THAT AS A 1415CONDITION FOR THE AWARD OF ANY CONTRACT BY THE STATE TO A 1416BUSINESS ENTITY OR EMPLOYER THAT EMPLOYS ONE OR MORE 1417EMPLOYEES, THE EMPLOYER SHALL PROVIDE DOCUMENTATION 1418ESTABLISHING THAT THE BUSINESS DOES NOT KNOWINGLY EMPLOY, HAS 1419NOT HIRED FOR EMPLOYMENT, NOR WILL IT CONTINUE TO EMPLOY AN 1420UNAUTHORIZED ALIEN, AS THAT TERM IS DEFINED IN ALABAMA ACT 2011-1421535. BY SIGNING THIS AGREEMENT AND BY REFERENCE IN SUBMITTED 1422RESPONSE, COMPANY HEREBY CERTIFIES THAT THEY ARE IN FULL 1423COMPLIANCE WITH ACT 2011-535 AND ACKNOWLEDGES THAT THE 1424AWARDING AUTHORITY WILL DECLARE THIS AGREEMENT VOID IF THE 1425CERTIFICATION IS NOT VALID. DOCUMENTATION OF ENROLLMENT IN THE 1426E-VERIFY PROGRAM WILL BE REQUIRED. FAILURE TO PROVIDE 1427DOCUMENTATION WITHIN 5 CALENDAR DAYS OF NOTIFICATION BY THE 1428ALSDE WILL RESULT IN THE VOID OF THIS AGREEMENT. TO ENROLL IN 1429THE E-VERIFY PROGRAM VISIT WWW.DHS.GOV/E-VERIFY 1430
IN WITNESS WHEREOF, the ALSDE and Vendor have executed this Contract as 1431
of the _____ day of _____________ 2012. 1432
1433
Company STATE OF ALABAMA DEPARTMENT OF EDUCATION
(Signature)
Dr. Warren Craig Pouncey Chief of Staff Division of Administration and Financial Services
(Printed Name)
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(Printed Title) This contract has been reviewed for legal form and appears to comply
with all applicable laws, rules and regulations of the State of Alabama governing these matters.
Larry E. Craven
General Counsel for the State Department of Education
