Design/Build Data Center Services · 2020-05-20 · and April 2016. This project is expected to be...

Vantage Technology Consulting Group

Request for Proposal CSM15-001E

For

Design/Build Data Center Services

For

College of Southern Maryland LaPlata, MD

Request for Proposals #CSM15-001E The College of Southern Maryland 2/11/2016 Instructions and Schedule


REQUEST FOR PROPOSALS (RFP) - THIS IS NOT AN ORDER USPS and Overnight Address: BU 225 8730 Mitchell Rd. PO Box 8910 La Plata, MD 20646

Purchasing Agent: Joe Piccolo Telephone Number: 301-934-7822 FAX Number: 301-934-7641 E-Mail: [email protected]

Request for Proposals #CSM15-001D PROPOSAL MUST BE RECEIVED BY: 3/29/2016 at 2:00 PM at location noted above.

SCHEDULE OF ACTIVITIES: TIMELINE (All times are in local Maryland time)

RFP Published 2/11/2016

Mandatory Pre-Proposal Site Walk 3/4/2016, 1pm

Written Inquiry Deadline 3/8/2016, noon

Responses to Written Inquiries Published 3/15/2016

Proposal Submission Deadline 3/29/2016

Finalist Presentations (Tentative) 4/5/2016

Selection 4/8/2016

Contract Negotiations/Contract Award (Tentative) 4/11/2016

Substantial Completion 10/14/2016

MAILING NOTE: In the lower left corner of the package containing your proposal, include: the proposal number, opening date, and opening time. Highlight this information in yellow. Be sure to sign your proposal before mailing. Prospective Offerors may make written inquiries by e-mail before the written inquiry deadline. There will also be an opportunity to make inquiries during the mandatory pre-proposal conference call. No inquiries will be accepted after the inquiry deadline. Inquiries regarding this RFP (be sure to reference RFP number) should be referred to the Purchasing Agent.

Request for Proposals #CSM15-001D The College of Southern Maryland 10/16/2015 Table of Contents


TABLE OF CONTENTS

1. BACKGROUND, OVERVIEW & GOALS 1

2. STATEMENT OF WORK 6

3. IMPLEMENTATION/INSTALLATION: 13

4. WARRANTIES AND MAINTENANCE: 30

5. PROJECT REQUIREMENTS AND CONDITIONS: 36

6. PROPOSAL SUBMISSION 45

7. EVALUATION AND AWARD 49

8. ADMINISTRATIVE INFORMATION 50

Request for Proposals #CSM15-001E The College of Southern Maryland 2/11/2016 Page 1


1. BACKGROUND, OVERVIEW & GOALS 1.1. College of Southern Maryland Overview

1.1.1. The College of Southern Maryland (CSM) is an open-admissions, comprehensive regional

community college that fosters academic excellence and enhances lives in Southern Maryland. CSM meets the diverse needs of students and the community by providing accessible, accredited, affordable, and quality learning opportunities for intellectual development, career enhancement, and personal growth. The college embraces lifelong learning and service, providing a variety of personal enrichment and cultural programs in a safe and welcoming environment. CSM is a growing college with more than 27,000 headcount, 120 programs of study, and an increasing number of online offerings. CSM is the fifth largest of Maryland’s sixteen community colleges. The numbers tell the story:

• 12,000 credit students in FY14 • 14,000 Continuing Education students in FY14 • 6,235 Distance Learning students • 464 Full-time faculty and staff: • 447 Part-time faculty and staff:

1.1.2. CSM operates four campuses and two centers in the tri-county area.

• The La Plata Campus (LAPL), 15 buildings on 173 acres off of Mitchell Road,

Charles County • The Prince Frederick Campus (PRIN), 2 buildings (with three more planned), Calvert

County • The Leonardtown Campus (LEON), four buildings, St. Mary's County • The Waldorf Center for Higher Education (WALD) on Old Washington Road, 3

floors shared with College of Maryland, Charles County • The Center for Transportation Training (Driving Range), 1 building, Charles County

1.1.3. The Center for Trades and Energy Training (CTET), commercial office space scheduled to be relocated to Hughesville in 2016, Charles County



CSM locations are indicated on the map on the following page:

1.1.4. In December 2014, Vantage Technology Consulting Group was retained by the College of Southern Maryland to assist the College in broad-reaching information technology initiative. Anticipated efforts include the replacement or augmentation of the:

• Telephone systems with an enterprise-wide unified communications system • Network active electronics including core and edge switches as well as replacement

and augmentation of the wireless (WiFi) network • Upgrade of the wide area network (WAN) connecting the CSM campuses and

connecting CSM to the Internet (Separate from this procurement) • Outside plant and riser fiber optics (Separate from this procurement) • Electrical and environmental conditioning (HVAC) of the equipment rooms (ERs)



and server rooms including the installation of stand-by generators to support selected infrastructure (Separate from this procurement)

• Upgrade of the La Plata Data Center

1.1.5. Vantage is an independent consulting firm not affiliated with any provider of communications services and does not participate financially in any recommendations we might make. This document has been prepared by Vantage to solicit information from manufacturers on potential solutions for CSM and to provide CSM with the information it requires for making educated decisions. Information about Vantage can be obtained at www.vantagetcg.com.

1.1.6. This RFP is a copyrighted document and is used by The College of Southern Maryland with the express permission of Vantage Technology Consulting Group. The basis of this document is copyright 1993 to Geoffrey C. Tritsch (Copyright Registration Number TXU 563 093). The Vendor/Contractor shall use the RFP only for the purpose of preparing a proposal to CSM and agrees not to copy, disseminate, or share the RFP with any other parties or for any purpose other than that expressly stated in this RFP.

1.2. Goals for This Project

1.2.1. CSM is seeking proposals to design and construct new data center space adjacent to the

existing CSM data center. It is CSM’s intent to position itself to take advantage of existing and future opportunities and technologies by the construction of a well-designed, reliable and scalable data center space.

1.2.2. Offerors should understand that this project is part of a larger series on interrelated projects

including new fiber optic backbone at LAPL, HVAC and electrical upgrades at for the equipment rooms at all campuses. The fiber backbone is expected to be complete by the time this project begins work. The electrical and HVAC upgrades will take place between January and April 2016. This project is expected to be awarded in March 2016 with design taking place through April 2016, and equipment placement and provisioning starting in May and completed by the middle of October 2016.

1.3. Qualifications for Offerors and Proposed Subcontractors

1.3.1. The Offeror responding to this RFP must be a legally recognized entity, firm or corporation, hold all licenses required to perform the Work and to do business in the state of Maryland, and have at least the following qualifications:

• Must have been in the business of designing and constructing data centers for at least five (5) years;

• Must have been in the business of selling, installing, and maintaining the specific product line proposed to CSM for at least three (3) years;

• Must have designed and constructed installed at least five (5) similar data centers. • Must have designed and constructed at least three (3) data centers for higher

education customers.

1.3.2. The Offeror and all proposed Subcontractors, partners, and team members must be able to prove their long-term stability as well as their ability and experience to install, maintain, and support System of equivalent size and the same model(s) and manufacturer(s) as those

http://www.vantagetcg.com/



proposed for CSM.

1.4. Definition of Terms

1.4.1. The College of Southern Maryland: The College, its Board, officers, and employees (also referred to as “CSM” or “the Owner.”)

1.4.2. Offeror: Legally recognized entity, firm or corporation responding to this Request for

Proposal. It is understood that once an agreement is signed the Offeror becomes the “Contractor.”

1.4.3. Subcontractor: A Subcontractor is a person or organization who has a direct contract with the

Contractor to perform any of the Work. References to “Subcontractor” include any person or organization furnishing materials, products, or services in connection with the Work. The term “Subcontractor” also applies to team members, partners, and all other parties brought into this procurement by the Prime Contractor.

1.4.4. Work: The term “Work” means labor, material, supplies, plant, and equipment required to

perform and complete the services agreed to by the Contractor in a safe, expeditious, non-disruptive, orderly, and workmanlike manner so that the project shall be complete and finished in the best manner known to each respective trade.

1.4.5. Approved: The terms “approved,” “equal to,” “directed,” “required,” “ordered,”

“designated,” “acceptable,” “satisfactory,” and similar words or phrases shall be understood to have reference to action on the part of the CSM Project Manager.

1.4.6. CSM Project Manager: The person or persons appointed and authorized to act on behalf of

CSM as the CSM Project Inspector, Project Manager, or Site Manager, Site Inspector.

1.4.7. Substantial Completion (also Successful Cutover or Successfully Cutover): The date on which installation has been successfully completed, specifically:

All fire suppression, cabinets, ladder rack, electrical systems, UPS, and mechanical systems are installed and commissioned.

All management tools and sub-systems are functioning properly; all features and functions are working as represented in the Contract (except for minor, non-service-affecting omissions);

All of the site work except clean-up and minor corrections is complete,

CSM has verified that the System is installed properly and operating in accordance with the terms and conditions of this RFP and the awarded contract.

Notice of Substantial Completion shall be issued in writing by CSM. Notice of Substantial Completion shall be the trigger to initiate the Acceptance process.

1.4.8. Notice to Proceed: Written notification from CSM to the Contractor instructing that the Work is to proceed. All time schedules relative to the Work shall be measured from the date of the written Notice to Proceed.



1.4.9. Services: The services described in this RFP and in the Agreement, including but not limited to implementation, installation, support and maintenance services.

1.4.10. System Acceptance/Date of Acceptance: The date of the acceptance of the complete

System including hardware, software, firmware, installation, services, etc. by CSM following the successful completion of the acceptance testing and verification that the complete System is installed properly and operating in accordance with the terms and conditions of this RFP and awarded contract and has achieved productive use. Notice of System Acceptance will be issued in writing by CSM. The Acceptance Date will be the date upon which: the entire System, and all selected options, have passed all acceptance tests; all punch list items are completed; all documentation is received by CSM; all contracted training is completed and considered adequate by CSM; and CSM delivers the written Notice of Acceptance to the Contractor.

1.4.11. True-up: The final reconciliation of the actual installed equipment and quantities versus the

contracted equipment and quantities. True-up must track with job change orders and pre- and post-cut unit pricing, will be performed as an integral part of Acceptance Testing, and will establish the warranty baseline and timetables.

1.4.12. Shall/must/will: MANDATORY. Inability to meet mandatory criteria will be considered

by CSM as non-responsive and will be grounds for elimination from consideration for award.

1.4.13. Expected: Not mandatory but considered necessary by the evaluation team. Failure to provide the feature, capability, or service will result in significantly lower scoring of the proposal.

1.4.14. Strongly Desired: Not mandatory but considered important by the evaluation team. Failure to provide the feature, capability, or service may result in lower scoring of the proposal.

1.4.15. Should/Desirable: Not mandatory for contract award but may result in superiority over

other Vendors in evaluation.

1.4.16. Contract/Agreement: Final agreement will be signed by CSM and the Selected Offeror for the procurement, installation, and support of the System. Any Contract shall be customized for CSM and must include this RFP and the Offeror’s response with all mutually agreed upon variances and changes. CSM will not sign or agree to an Offeror’s or Manufacturer’s standard contract or master agreement except for standard (“shrink wrapped”) Software licensing agreements. If an Offeror uses a standard contract or master agreement, all variances between this RFP and the master agreement must be spelled out in detail in the response to this RFP. References to the agreement as an attachment to the proposal or the contract are NOT ALLOWED. Failure to comply may result in disqualification. To the extent that there are any variances between this RFP and the signed contract, the terms of the RFP shall prevail unless otherwise agreed to in writing by the parties.

1.4.17. System (capital “S”): The complete installation including environmental, electrical,

architectural, structured cabling, cabinets, management systems, software, and services as presented in this RFP. With a small “s” (system) shall mean the individual sub-systems defined in this RFP.

1.4.18. Days: The term “days” shall mean calendar days unless otherwise specified in the text as



“business days.”

1.4.19. Business Day: Will mean any day other than Saturday, Sunday or a day on which CSM offices are closed. The CSM business day is from 8:00 AM until 5:00 PM local time. The following days are designated as official CSM holidays:

Martin Luther King Jr. Day

Spring Break (3 work days)

Memorial Day

Independence Day

Labor Day

Wednesday before Thanksgiving

Thanksgiving Day

Friday after Thanksgiving

Winter Break (6 - 8 work days)

1.4.20. Governmental Authority: Will mean (i) The United States of America, (ii) any state, commonwealth, territory or possession of the United States of America and any political subdivision thereof (including counties, municipalities and the like) or (iii) any agency, authority or instrumentality of any of the foregoing, including any court, tribunal, department, bureau, commission or board.

2. STATEMENT OF WORK

2.1. Overview

2.1.1. The overall objective is to create a new data center in the Business and Industry (BI)

building room 008. This new space will accommodate the existing servers, initially. Physical space must be left available for future infrastructure to support the maximum number of cabinets including the future infrastructure needs for electrical and environmental controls. All servers and most active electronics from the existing data center spaces will be migrated to the new space. BI 006 will remain as a network and telephony wire room and network core. Additionally, space in 006 will be segregated for secure storage with separate access control requirements such that authorized personnel may enter the secure storage without providing access to the surrounding data center spaces.

2.1.2. BI 007 shall be renovated and house all UPS equipment and electrical panels for the 006, 007

and 008 spaces.

2.2. General Requirements

2.2. 2.2.1. New server cabinets shall be provided in BI 008 to support existing equipment in BI 006 and

Learning and Resources (LR) building room 209. Existing equipment will be moved to the BI 008 cabinets by the Owner.

2.2.2. All cable pathways necessary to integrate the servers into the campus network shall be



included. 2.2.3. All cabling necessary to integrate the servers into the campus network shall be included. This

includes fiber and/or copper cabling from BI 006 to network patch panels in BI 008, and all required patch cords.

2.2.4. Scope of work includes all architectural modifications necessary to support the rooms’ functions. This includes:

2.2.4.1. BI 008: Constructing a fixed partition at the north wall. The moveable partition at this

location must remain intact. 2.2.4.2. Removing the existing ACT ceiling to accommodate ladder rack and power busway

requirements. 2.2.4.3. Removing existing carpet tile and renovating the raised access floor, as required.

2.2.5. Scope of work includes all cooling and ventilation to support the existing servers. Physical

space must be left available to support additional equipment in the future.

2.2.6. Scope of work includes all additions and modifications to the existing electrical system to support the existing equipment. Physical space must be left available to support additional equipment in the future.

2.2.6.1. Relocation of all supporting electrical infrastructure from BI 006 to BI 007.

2.2.6.2. An existing 30kVA UPS in BI 006 shall be relocated to BI 007.

2.2.6.3. A new UPS shall be provided in BI 007.

2.2.7. Add or modify existing fire protection system, as described in section 2.6. 2.2.8. Only new equipment will be accepted. Refurbished equipment will not be accepted. 2.2.9. Drawings LP-T2.10DC and LP-T3.10DC thru LP-T3.12DC, attached, indicate the proposed

equipment arrangement within the spaces. 2.2.10. The requirements described indicate the goals for the project. The Contractor shall review

the proposed equipment arrangement and methods of providing cooling, power, and fire suppression, and propose alternatives that provide a benefit to the Owner in terms of energy efficiency, scalability, flexibility, capital and operational costs, and implementation.

2.2.11. The Contractor shall provide all design, engineering, construction, and commissioning services required to achieve the goals of the project.

2.3. Architectural Requirements

2.3.1. Partitions 2.3.1.1. Construct a new, fixed, slab-to-slab partition, nominally located as shown on the

drawings. Partition to be standard metal stud construction with one layer of gypsum wallboard. All joints and openings shall be sealed to provide nominal acoustic isolation between BI 008 and Classroom BI 009. Partition to be located adjacent to BI 009



moveable partition, which is to remain. New partition shall be located such that the existing moveable partition can be separately demolished at a later date.

2.3.1.2. Demolish existing partitions between BI 008 and Closet BI 008A. Finish all former BI 008A walls to match BI 008.

2.3.1.3. Install hot-aisle containment system in BI 008. System shall enclose hot aisle formed by the initial 10 cabinets. System shall be scalable to also enclose 10 future cabinets.

2.3.2. Floors 2.3.1.4. Remove all existing carpet tiles in BI 008. Replace any damaged raised access floor

tiles. New tiles shall match tiles that are existing to remain. Provide appropriate tools for floor tile removal in each room.

2.3.1.5. Finish floor in former BI 008A to match BI 008. 2.3.3. Ceiling

2.3.3.1. Demolish existing ACT ceiling system to provide maximum clearance for new ladder rack and power busways.

2.4. Mechanical System/HVAC Requirements

2.4.1. Install new in-row split cooling system in BI 008 to support 10 cabinets. Physical space must be left available to support additional cooling equipment to support the 10 future cabinets. Condenser to be located on exterior slab, as shown on the drawings. The measured steady-state electrical load for the equipment in the initial 10 cabinets is 25kVA. System shall be designed to support growth of 100 in heat and electrical load in the 1st 10 cabinets.

2.4.2. Review in-row cooling locations shown on the drawings. Proposed units are APC ACRD100-101, or equal. Advise Owner on alternate locations, capacity, and/or cooling strategy.

2.4.3. Install new conditioning/cooling system in BI 006 and BI 007. Advise Owner on locations, capacity, and/or cooling strategy.

2.4.4. Install drip pans under all water and waste pipes located above the demolished finished ceiling. 2.4.5. Provide ventilation from the hot-aisle containment area.

2.5. Electrical Requirements

2.5.1. The anticipated scheme for providing power is as shown on the drawings. Provide all power panels, automatic transfer switches, disconnect switches, etc.to support this power scheme. Relocate any electrical panels from 006 to 007.

2.5.2. Confirm existing generator, ATS and supporting systems are adequate to support the additional load of the new data center space. If not, provide a new generator supporting the entire BI data center space (006, 007, 008).

2.5.3. Confirm generator-backed feed to electrical panel and electrical panel capacity is sufficient. If not, provide a new generator-backed feed from the Main Electric Room in building CC and new electrical panel to support the additional power requirements.

2.5.4. Provide new UPS in BI 007. Power to be coordinated with the requirements of the existing equipment. Runtime to be at least 15 minutes. The system shall be scalable to support the future equipment cabinets.

2.5.5. Relocate the existing 30kVA UPS from BI 006 to BI 007. 2.5.6. Provide new 3-phase power busways above server cabinets in BI 008. Each busway to be fed

from one UPS in BI 007. Busways to be modular so that additional track section(s) can be added to support the 10 future cabinets. Busway to be Universal Electric Corp. (UEC) StarLine, or equal. Provide two L6-30 plug-in modules per busway at each of the 10 initial cabinets. Install plug-in modules such that load per phase per busway is balanced.



2.6. Fire Protection Requirements 2.6.1. Isolate the portion of the existing building-wide fire protection system serving BI 006, BI 007,

and BI 008. Modify the system in these areas, as required, to create a pre-action dry-pipe system.

2.6.2. Advise the Owner on the feasibility of creating a separate waterless suppression system in BI 007.

2.7. Cabling and Pathway Requirements

2.7.1. Pathways

2.7.1.1. Provide ladder rack above server cabinets, as shown on the drawings. Size the ladder rack to support two times the number of cables described in 2.7.3.

2.7.1.1.1. Provide all necessary components, such as wall angle brackets, butt splices, rack-mounting brackets, ladder rack extensions, etc., needed to properly install ladder racks, as shown on the drawings.

2.7.1.1.2. Securely fix in place. Ladder rack shall be braced in such a way where the ladder rack is sturdy.

2.7.1.1.3. Provide cable bend management fixtures to maintain the proper bend radius as the cables drop into the rack. Do not allow cables to be unsupported as they run from conduit or cable tray to equipment cabinets.

2.7.1.1.4. Ladder rack and associated components shall be black in color. 2.7.2. Penetrations

2.7.2.1. Penetrations through non-fire-rated partitions shall consist of 4” conduit sleeves. Cable capacity shall equal two times the capacity required initially.

2.7.2.2. Penetrations through fire-rated partitions shall be accomplished with a listed system, such as, STI EZ-Path series 33. Any penetrations shall maintain the fire-rating of the partition.

2.7.3. Cabling and Connectors

2.7.3.1. Copper Cabling

2.7.3.1.1. Provide (24) Category 6a 4-pair, unshielded twisted pair cables from each

cabinet to patch panels in BI 006. Terminate cables in BI 008 at a patch panel mounted above each cabinet.

2.7.3.1.2. The cable shall be plenum-rated (CMP) and shall have four pairs of unshielded twisted pair solid copper conductors. The cabling shall meet or exceed the performance specifications for a Category 6a system as detailed in EIA/TIA 568-C.2. This covers all Category 6a components installed as a part of the installation.

2.7.3.1.3. All cabling shall comply with CSM Cabling Standards for placement, termination, installation, and testing.

2.7.3.1.4. All proposed cabling, locations, and approaches shall be submitted to the CSM Project Manager for approval prior to installation.



2.7.3.2. Fiber Optic Cabling and Connectors

2.7.3.2.1. Provide (12) strands of singlemode fiber optic cabling from each cabinet to

fiber enclosures in BI 006. Terminate cables in BI 008 at a fiber enclosure mounted above each cabinet.

2.7.3.2.2. Singlemode Cable Elements (OS1) shall conform to the following

specification:

8.3 micron core diameter, 125 micron cladding diameter (+/- 1 micron)

Mode field diameter of between 8.7 and 9.3 (with +/- 0.5 micron tolerance) at 1310 nm

Attenuation coefficient at 1310 nm of 1.0 db/km or less

Attenuation coefficient at 1550 nm of 1.0 db/km or less

Cladding non-circularity of +/- 1%

Core to cladding concentricity error of no more than 0.8 micron

Maximum dispersion rate of 2.80 ps/nm-km at 1300 nm

Maximum dispersion rate of 17.00 ps/nm-km at 1550 nm

Individual glass elements proof tested at 100 kpsi (100,000 lbs. per square inch)

2.7.3.2.3. Provide riser/plenum rated (OFNR/OFNP) for use as an internal cable in a

non-plenum / plenum environment. The cable shall be tight-buffered construction with optical fibers contained within 900 micron color-coded buffers. The cable will be an all-dielectric construction, with a central strength member

2.7.3.3. Copper Connectors 2.7.3.3.1. Provide eight-position modular RJ45 jacks. Each connector shall meet or

exceed the channel performance specifications in this document when installed as part of the end to end cabling system described in this specification. The pin outs for the jack shall conform to the T568B wiring scheme.

2.7.3.4. Fiber Optic Connectors

Singlemode Optical Fiber Connectors. Provide singlemode LC optical fiber connectors, conforming to the following specification.

Small form factor, fitting in the same size opening as an RJ-45 connector.

Duplex, handling one pair (two elements) per connector.

Blue in color.

Compatible with both 900 micron buffered strands and 250 micron loose tube strands.

Maximum insertion loss, of mated pair, less than 0.5 dB at acceptance.

Minimum return loss of greater than or equal to 50 dB.

Durability better than 500 matings, with a maximum increase in insertion loss of not more than 0.2 dB.

Meets ANSI/TIA/EIA 568.C-3 and ISO 11801 standards.



2.8. Patching

2.8.1. Contractor shall provide all required patch cords (copper and fiber).

2.8.2. Patch cords shall be color coded with colors to be coordinated with CSM.

2.8.3. All patch cords shall be of the appropriate length so that there is no undue stress on terminations but cords are not overly long as to create cable management issues.

2.8.4. Copper Patch Panels. Provide Angled RJ-45 Patch Panels conforming to the following

specification:

Suitable for mounting on standard EIA 19" rails.

Configured with 24 jacks housed in each 1U (1.75") of usable rack space.

Provide strain relief for each cable terminated on the connector at the rear of the patch panel.

Allow for labeling of each individual connector.

Allow any individual cable to be terminated or otherwise handled without disturbing other cables.

2.8.5. Optical Fiber Patch Panel. Provide optical fiber patch panel, conforming to the following

specification:

Each panel shall be suitable for installation on EIA 19" rail.

Configured with 24 connectors housed in each 1U (1.75") of usable rack space.

Provide strain relief for each cable at the rear of the patch panel.

Allow for labeling of each individual connector.

Allow any individual cable to be terminated or otherwise handled without disturbing other cables.

Each panel shall provide fiber handling for fiber elements, including 36" fiber reserve (service loop) inside the patch panel with no bends sharper than 2" bend radius.

Provide blanking adapter plates to cover all unused spaces as necessary.

2.9. Equipment Cabinets

2.9.1. Provide 10 Equipment Cabinets as shown on the Drawings. Each cabinet shall conform to the



following specification: 2.9.1.1. Each cabinet shall house two 19" internal mounting frames. Each pair of mounting rails

shall be depth adjustable for front and rear equipment support. 2.9.1.2. Each cabinet to provide a minimum of 78" (42U) space for equipment in the vertical

plane. 2.9.1.3. Each cabinet shall have a minimum load-carrying capacity of 2000 lbs. (900 kg.). 2.9.1.4. Provide grommeted openings at the top of each cabinet requiring top access. The

openings shall be a series of 4” diameter holes with bushings. The openings shall allow the cables to easily enter the cabinet and be routed into the cabinet cable management.

2.9.1.5. Provide all mounting components and accessories to securely fix cabinets to floor. Provide appropriate seismic transverse and longitudinal bracing per any local codes and the current NUSIG (National Uniform Seismic Installation Guidelines).

2.9.1.6. Provide cable bend management fixtures to maintain the proper bend radius as the cables drop into the cabinet. Do not allow cables to be unsupported as they run from conduit or cable tray to equipment cabinets.

2.9.1.7. Provide appropriate seismic bracing brackets for anchoring the cabinets on raised floor. Use a minimum of 5/8” threaded rod and appropriate concrete drop-in anchors for securing the cabinets above on the raised floor. The 5/8” threaded rod shall be further secured with aircraft cable per any local codes and the current NUSIG (National Uniform Seismic Installation Guidelines).

2.9.1.8. For Rolling Cabinets, provide casters, with lockable casters on the front of each cabinet and non-locking on the rear.

2.9.1.9. Each cabinet to have a lockable perforated metal front door, lockable double perforated metal rear doors, and two solid side panels. Provide blanking panels and any parts required to ensure hot/cold aisle separation and thermal efficiency.

2.9.1.10. Provide Velcro cable straps, at the cabinet, to each side, to manage patch cords, every 5U on both sides of each rack.

2.9.1.11. Provide cable supports, to each side, at rear to loom fixed cable terminations 2.9.1.12. Each cabinet shall be equipped with two vertical cable managers (one on each side of

the cabinet) designed for the selected system. 2.9.1.13. Provide a Rack Ground Bar in each equipment cabinet. 2.9.1.14. All other parts needed to make the cabinet into a usable system shall be provided.

These parts include appropriate bolts, installation kits, and mounting equipment for items specified.

2.9.2. Arrange cabinets such that 10 additional cabinets and in-row cooling units can be added in

the future.



3. IMPLEMENTATION/INSTALLATION:

3.1. General Installation Guidelines

3.1.1. The Contractor shall furnish or cause to be furnished all material, labor, construction, tools, parts, supplies, etc., required for performance of the Work. This includes provision of all equipment (hardware and software), interconnection to CSM facilities and existing services, placement, restoration, connectors, and all associated equipment as applicable unless specified otherwise. CSM requires that the implementation be handled as a full turnkey installation with all preparation, installation, placement, and testing performed by the selected Contractor with minimal CSM involvement.

3.1.2. The Contractor shall provide and install all Architectural, Mechanical /HVAC; Electrical; Fire Protection; and Data Cabling, Patching, and Cabinet work identified in paragraph 2.

3.1.3. All System components are expected to be installed as described in paragraph 2. The Offeror

is responsible for installation and cable dressing in accordance with ANSI/TIA 568 and 606. New patch panel to switch port mappings shall be documented and delivered in an electronic format approved by CSM.

3.1.4. CSM will only consider installation and cutover plans which will cause minimal disruption to

normal operations of CSM. All implementation schedules must be coordinated with and designed around CSM’s academic calendar and events such as commencement, registration, etc.

3.1.5. The Contractor shall coordinate work closely with CSM via the CSM Project Manager.

3.1.6. The Contractor is expected to conduct weekly project meetings, and provide weekly status reports to CSM Project Manager. Reports should detail work performed since last report, resolution or status of past problem areas, new problem areas, scheduled meetings, tasks to be performed, etc. The Contractor is expected to produce and maintain PERT/GANTT charts tracking progress of the implementation in an electronic form acceptable to CSM.

3.1.7. All system design, engineering, and configuration shall be included in the Contractor’s

implementation for the entire System. Throughout the design, engineering, and implementation phases, the contractor shall update all drawings and related construction documents on a regular basis to reflect any changes made to the initial documents.

3.1.8. The Contractor shall ship all equipment and related materials F.O.B. destination to CSM for

inside delivery to the Contractor. Note that the Owner cannot take delivery or store any material on the Contractor’s behalf. Contactor onsite storage will be very limited. The Contractor is strongly advised to employ a just-in-time delivery schedule.

3.1.9. The Contractor shall coordinate equipment inventory with the CSM representative who will

sign-off when all equipment has been delivered and accounted for.

3.1.10. All installation work shall be performed in accordance with the manufacturer’s specifications and best practices.



3.1.11. The Contractor shall provide and support the installation of any software to administrate and manage the System. This interface shall be fully configured for CSM personnel to perform all system administration and management of applicable components. CSM will have an APC StruxureWare system installed. PDUs, sensors, UPS and similar systems must be fully manageable by StruxureWare and shall be configured to be fully integrated in the CSM StruxureWare system.

3.1.12. The Contractor shall configure all applicable components of the System to periodically

generate backups of all system software, configuration, programming, messages, and content.

3.1.13.

3.2. Implementation Responsibilities

3.2.1. During the installation period, the Contractor will have reasonable access to buildings,

drawings, documents, equipment listings, and other pertinent information that will assist in the installation during regular business hours. It is the Contractor's responsibility to thoroughly survey all existing facilities, buildings, etc., that will require service.

3.2.2. The Contractor shall survey the facilities for all items necessary for designing and installing the

System as well as any and all supporting equipment and services provided by the Contractor.

3.2.3. For space layout and design, CSM will provide information about the following, to the best of their ability:

• Present Electrical service and facilities

• Present Mechanical/HVAC system

• Present Fire Suppression system

• Network topology

• Fiber optics topology

• Estimated “day one” and future heat loads

• Estimated “day one” and future electrical loads

3.2.4. The Contractor shall provide full implementation services, which shall include but not be limited to:

• Installation of all Contractor-provided equipment, including racking and stacking, connection, configuration, testing, and labeling of all System components.

• Cutover/connection of all related building systems – Electrical, Mechanical/HVAC, and Fire Suppression.

3.2.5. Pre-Cutover Testing



3.2.5.1. The Contractor shall employ the services of an independent Commissioning Agent (CxA) to conduct testing of the Electrical, Mechanical/HVAC, and Fire Suppression systems.

3.2.5.2. Electrical, Mechanical/HVAC, and Fire Suppression systems will be tested independently at the component and/or device level as required by code and this project's specifications.

3.2.5.3. Commissioning and testing of Electrical, Mechanical/HVAC, and Fire Suppression systems and equipment shall be performed in presence of the owner or owner's representative.

3.2.5.4. The Contractor's responsibility for the commissioning process also includes participation as required to support the overall commissioning process as pertains to the specific systems identified herein. In addition to electrical equipment and systems testing specified herein; portions of the electrical systems and equipment that support HVAC equipment operation shall also be subject to commissioning testing. This will generally include power quality tests at each piece of HVAC equipment to verify proper ratings and overload settings including ensuring and recording volts and amps on each electrical phase; assessing voltage imbalance; inspection and verification of terminations.

3.2.5.5. Contractor Responsibilities:

Perform commissioning tests at the direction of the Commissioning Agent. 3.2.5.5.1. Provide information requested by the CxA for final commissioning documentation. 3.2.5.5.2. Provide measuring instruments and loggings devices to record test data, and

provide data acquisition equipment to record data for the complete range of testing for the required test period.

3.2.5.5.3. Thoroughly complete and inspect installation of systems and equipment as detailed throughout contract documents, as required by reference or industry standards.

3.2.5.6. CxA'S Responsibilities:

3.2.6. Cutover Procedures

3.2.6.1. The Contractor shall submit a detailed plan for cutover of the new System at least six (6) weeks prior to cutover.

3.2.6.2. Cutover shall be accomplished as quickly as possible so as to provide minimum

disruption to the normal business activities of CSM. No disruption shall be permitted in critical areas.

3.2.6.3. At this time, it is anticipated that the space will be cut over as follows: 3.2.6.3.1. Following completion of the required architectural modifications; installation of

network cabling infrastructure (ladder rack, patch panels, and cabling) and cabinets; and pre-cutover testing of the electrical, mechanical/HVAC, and fire suppression systems; the Owner will move existing equipment from BI 006 and LR 209 to the new cabinets in BI 008.

3.2.6.3.2. The Contractor will assist the Owner in installing all patch cords at the new patch panels.

3.2.6.3.3. The Contractor will complete all outstanding testing and resolve any related punch list items before the Owner starts the re-located server equipment.

3.2.6.3.4. The Contractor will monitor, adjust, and balance the electrical and mechanical/HVAC systems, as necessary, as the Owner tests the re-located server



equipment.

3.2.7. Post-Cutover Requirements

3.2.7.1. Minor software configuration changes that are required for fine-tuning the systems shall be

performed by the Contractor at no charge to CSM for a period of 30 days after cutover.

3.2.7.2. Upon completion of successful cutover, the Contractor shall:

Immediately correct any problems and complete any installation tasks

outstanding.

Complete any temporary work, re-route temporary cable, remove any rigging or temporary supports, etc.

Prepare a punch-list of any outstanding items to be addressed and submit said punch-list for CSM’s approval.

3.2.7.2.1. Once these tasks are completed and the punch-list approved by CSM, the Contractor may request that the System be considered to be "substantially complete" and ready to begin the Acceptance Testing process (start the 30-day clock).

3.2.7.3. Changes in Work

3.2.7.3.1. CSM, by written order, may authorize changes in or additions to work to be performed or materials to be furnished pursuant to the provisions of the contract.

3.2.7.3.2. The amount of any adjustment in the contract price for authorized changes shall be agreed in writing by CSM before such change becomes effective.

3.2.7.3.3. Within sixty (60) days of site cutover, CSM may adjust the equipment requirements and provide for the return of any unused equipment for full credit and without incurring restocking charges. Unused equipment is expected to include equipment that has been opened or removed from its original packaging and used by CSM as long as it is undamaged and is returned with the original warranty cards (if any) and other packaging material.

3.2.7.4. True-up

3.2.7.4.1. After cutover but prior to acceptance testing, the Contractor shall provide to CSM a written account itemizing:

The contracted purchase price.

The contracted configuration.

The contracted unit prices.



An itemized accounting of each change order accepted in writing by CSM listing components added and deleted by quantity, unit price (pre or post cutover as applicable), and extended price.

The resulting mathematical calculation of the quantities and costs. (Net increase/decrease to cost.)

The revised price.

The revised configuration.

3.2.7.4.2. The final payment (see Section 5.7) shall be adjusted according to the results of the “true-up” process.

3.2.7.4.3. CSM must receive any credits for the return of items to the manufacturer.

3.2.8. Acceptance Testing

3.2.8.1. A plan for System acceptance will be jointly developed by CSM and the Contractor at least 60 days prior to cutover. The plan is expected to include, but not be limited to, demonstration of the following:

Operation of the new System, and all related equipment and software, to support the server equipment as specified;

Installed System provides all features and capabilities required by the specifications and identified during programming review;

All cabling, grounding and equipment installation complete, in permanent locations and in accordance with industry standards and these specifications;

Operation of system maintenance commands, alarms, error codes;

All hardware and software installed and functioning properly;

Testing of automated failover capabilities

All services functioning properly;

Restoration of buildings and grounds;

Protection (if provided);

Redundancy;

Power protection;

Proper fire stopping of any Contractor-provided coring or wall penetrations;

All other requirements of the contract.

3.2.8.2. In order to be considered for acceptance testing, the System and all sub-systems must have operated “under load” for a minimum of thirty (30) consecutive days without major incident as defined in 4.2.16. Any such failure shall restart the testing period until such time as the System has operated for the full testing period without failure.

3.2.8.3. At least one (1) week, but not more than three (3) weeks after successful cutover and additionally as requested by CSM, Contractor shall provide to CSM operational reports including, but not necessarily limited to, electrical loads, temperature, UPS battery



capacity indicating that the System is properly functioning under load.

3.2.8.4. All punch list items and operational reports must be completed, reviewed, and accepted by CSM before acceptance testing commences.

3.2.8.5. In the event that testing is not completed within one-hundred twenty (120) days from cutover or the System fails acceptance testing, CSM may, at its option, consider the failure a breach of contract and require that the System or the specific subsystem or component causing the delay of testing be removed and replaced and obtain a refund of fees paid.

3.2.8.6. In addition to the above, CSM may inspect all related spaces for cleanliness, labeling, and overall compliance.

3.2.8.7. CSM may also test at random assorted installations for overall operation, installation,

labeling, etc.

3.2.8.8. All required deliverables must have been provided to CSM for Acceptance.

3.2.8.9. All True-up information must have been provided to CSM and correspond with submitted change orders for Acceptance.

3.2.8.10. The Acceptance Date will be the date upon which: the entire System, and all selected options, have passed all acceptance tests; all punch list items are completed; all documentation is received by CSM; all contracted training is completed and considered adequate by CSM; and CSM delivers the written Notice of Acceptance to the Contractor.

3.2.9. Labeling

3.2.9.1. Each major component, cross connect panel, patch panel, or other equipment associated

with the System and provided by the Contractor is expected to be permanently imprinted with an identification tag.

3.2.9.2. All labels are expected to meet the performance requirements of UL 969 and

conform to the labeling standards included in ANSI/TIA-606-B. All components provided under these specifications must be labeled as follows:

3.2.9.2.1. Label each component with permanent self-adhesive label with minimum 3/16 in.

high characters.

3.2.9.2.2. Label each cable/patch cord with permanent self-adhesive label with minimum, 1/8 in. high characters, installed within 2 feet of each end of each cable.

3.2.9.2.3. Use black text on white backgrounds for all labeling.

3.2.9.2.4. Labels shall be machine-printed. Hand-lettered labels shall not be acceptable.

3.2.10. Documentation



3.2.10.1. Contractor shall provide to CSM all required warranties, parts lists, plans, comprehensive operating manuals, etc. (“Documentation”) for all hardware and software provided to CSM prior to final payment

3.2.10.2. Within one (1) month after successful cutover, the Contractor shall provide “as-

built" drawings pursuant to CSM’s requirements for permanent documentation. Contractor is expected to provide as-builts in both hard copy and electronic formats acceptable to CSM. The preferred approach for mapping is for the Contractor to provide as-built documentation as a layer over CSM CAD base maps. As-built information shall include:

Equipment configuration including hardware specifications, software

configuration options and files

As-built drawings with detailed diagrams of system architecture, including but not

limited to connections to in-house and 3rd-party systems, system locations,

redundancy architecture.

All configuration files in text and native/binary formats

Revised basis of design

3.2.10.3. CSM retains the right to approve all submitted information and request additional

documentation if necessary.

3.2.10.4. Contractor shall supply a comprehensive operations manual for each hardware product, and in the case of custom-developed deliverables, shall also provide a manual describing the functions, characteristics and operating capabilities that may be expected of such deliverables. All documentation shall also be provided in an electronic format acceptable to CSM.

3.2.10.5. The Contractor is expected to provide two (2) complete sets of manuals and as-built drawings as well as electronic copy.

3.2.10.6. The manuals shall identify the project and include the name and address of the

Contractor and subcontractors.

3.2.10.7. Documentation must include the manufacturer's Certificate of Warranty for all equipment.

3.2.10.8. Contractor shall pass through to CSM all manufacturer’s and supplier’s warranties (to

the extent Contractor has the right to do so) for any software products, hardware or equipment not owned by Contractor that is furnished to CSM under the Agreement. Contractor shall execute each and every document that is necessary or appropriate to effectuate CSM obtaining and enjoying the benefit of any such warranty.

3.3. Use of Premises and Utilities

3.3.1. The Contractor shall perform work with a minimum of disruption to CSM’s normal business

activities. CSM Project Manager will coordinate all work outside of normal working hours,



storage of materials, work in occupied areas, etc. The premises shall be kept in a safe, orderly condition at all times.

3.3.2. CSM will attempt to provide office space and access to the commodity Internet and attempt to

find space for the Contractor’s use for staging and configuring equipment which must be prepared on-site.

3.3.3. Contractor shall provide all associated personnel, including those of subcontractors, with a

photo identification badge to be displayed at all times while in any CSM facility and a company uniform, company shirt, or some other method for easy identification to be worn at all times while on CSM property.

3.3.4. CSM reserves the right to require background checks on any Contractor or subcontractor employee assigned to the project and require the removal of any employee who, in CSM’s sole discretion, may pose a threat to the safety and security of the CSM community.

3.3.5. Contractor shall comply with all CSM rules and regulations including, but not limited to, no smoking policies, behavior guidelines, dress requirements, and employment practices. A copy of these regulations can be obtained through the CSM Project Manager. Contractor is expected to ensure that all employees and subcontractors are aware of and comply with these regulations. CSM reserves the right to remove from the site any person who willfully or repeatedly violates CSM regulations or whose behavior CSM, in its sole discretion, deems unacceptable.

3.3.6. Only minimal on-campus storage will be available for Contractor materials and supplies. The

Contractor is expected to utilize just-in-time delivery methods and to stage, assemble, and perform pre-delivery testing at a Contractor location to the greatest extent possible. If additional storage is required, the Contractor shall identify storage requirements including space size and duration for storage, and CSM will attempt to meet these requirements. CSM will not be responsible for materials stored on-site.

3.3.7. The Contractor and all Subcontractors must coordinate parking arrangements with the Project Manager. Any costs associated with parking shall be borne solely by the Contractor/Subcontractor. The Contractor/Subcontractor hereby agrees to abide by all CSM parking regulations and shall promptly pay all costs when due as well as all fines, tickets, etc. as the result of any parking infractions. All vehicles shall display appropriate identification while on-campus.

3.3.8. Interruptions, outages, tie-ins, and relocation of any other utilities shall be coordinated with

CSM Project Manager with sufficient notice of intent and requirements.

3.3.9. The Contractor shall comply with all CSM building and grounds and security requirements at all times.

3.3.10. The Contractor shall restore to the CSM Project Manager’s satisfaction any damage to any buildings, grounds, or surfaces at no cost to CSM. All restoration work shall be performed in a professional manner by trades people skilled in the required trade. Contractor shall promptly inform CSM Project Manager of any Contractor-related damage.



3.3.10.1. CSM shall have the right to direct the Contractor to specific products, materials, makes,

models, colors, or types of items used for repairs. This includes, but is not limited to, paint brands and colors, grass seeds, soil, fill, masonry, patching material, etc.

3.3.10.2. The Contractor shall remove from the site, at no additional cost to CSM, all debris, waste material, etc., on a daily basis and acknowledge that site plan must be approved in advance by CSM. The Contractor is expected to make a reasonable attempt to recover or recycle materials. If dumpsters are to be used, the Contractor shall be solely responsible for their provision, emptying, and removal.

3.3.11. Contractor shall limit operations and storage of material to designated areas, shall not encroach on neighboring property, and shall exercise caution to prevent damage to existing structures.

3.3.12. The Contractor shall coordinate all work so there shall be no prolonged interruption of

existing equipment or services. CSM will inform Contractor prior to each interruption what it will consider “prolonged interruptions.” Any existing plumbing, heating, ventilating, air conditioning, or electrical disconnections necessary, which affect portions of this project or building, must be scheduled with CSM Project Manager to avoid any disruption of operation within the building or construction or other building or utilities. In no case shall utilities be left disconnected at the end of a work day or over a weekend. Any interruption of utilities, either intentionally or accidentally, shall not relieve the Contractor responsible for the interruption from repairing and restoring the utility to normal service. Repairs and restoration shall be made before the workers responsible for the disruption leave the job.

3.3.13. Contractor shall not overload, or permit others to overload, any part of any structure.

3.3.14. Contractor shall be responsible for removal of all rubbish, debris, and dirt resulting from

work and shall clean up as requested by CSM Project Manager. Contractor and Subcontractor shall bear the cost of their respective clean up and removal from premises. The Contractor shall perform this work. All buildings and premises shall be kept clean, safe, in a workmanlike manner and in compliance with OSHA standards at all times. Contractor shall advise its Subcontractors of this provision, and the Contractor shall be fully responsible for leaving the premises in a finished state ready for use.

3.3.15. When working in an occupied facility, a prime objective is to perform the required work with a minimum of interference with CSM operations. After starting work in an occupied facility, the Contractor is expected to complete that work as soon as possible with full crews of workmen during regular working hours. For work outside of normal working hours, consult the CSM Project Manager for directions.

3.3.16. Where the Contractor is required to work in and adjacent to areas in use by CSM,

Contractor is expected to coordinate its operations with those of CSM, through the CSM Project Manager to minimize conflict.

3.4. Coordination with Existing Services

3.4.1. Contractor shall prearrange with CSM Project Manager in case it becomes necessary for the



interruption of any existing service to make connections, alterations or relocations and shall fully cooperate with CSM in doing work so as to cause the least annoyance and interference with the continuous operation of CSM.

3.4.2. The Contractor shall be aware that the outage/tie-in time and date is subject to approval by

CSM Project Manager. Contractors shall also be aware that most such outages/tie-in will be conducted during periods requiring premium time and that all such costs must be included in the Contractor’s base proposal costs.

3.5. Maintenance of Architecture

3.5.1. No interior or exterior of any building including the proposed renovations to BI 006-BI 008

may be altered in any way without prior written approval of CSM. This prohibition applies to new openings in existing walls, louvers in lieu of existing window openings, pipes, and conduits on the face of existing walls, etc.

3.6. Protection of People and Property

3.6.1. The Contractor shall provide adequate fire protection during all phases of the project which may pose a hazard to any person of the CSM community or visitors or their property and/or to CSM and CSM property or to the property of other contractors. Such tasks include but are not limited to welding, cleaning with flammable solvents, and any other work with flammable materials.

3.6.2. In addition to the above, the Contractor shall conduct all work in a safe, orderly manner, keeping all corridors and passageways clear of material and debris and work in compliance with OSHA, NFPA, and accepted industry safety procedures.

3.6.3. During the performance of the Work, the Contractor shall be responsible for providing and maintaining warning signs, lights, signal devices, barricades, guard rails, fences and other safety and warning devices appropriately located on site which shall give proper and understandable warning to all persons of danger of entry onto land, structure, or equipment.

3.6.4. Contractor shall maintain at Contractor's own cost and expense adequate, safe and sufficient walkways, platforms, scaffolds, ladders, and hoists and all necessary, proper, and adequate equipment, apparatus and appliances useful in carrying on work and to make the place of work safe and free from avoidable danger as may be required by safety provisions of OSHA and any other applicable laws, ordinances, rules, regulations, and building and construction codes.

3.7. Key Personnel and Required Project Team

3.7.1. Contractor shall provide a detailed list of all key personnel responsible for essential physical

and procedural aspects of the project (“Key Personnel”), including a description of their anticipated role in the project, key responsibilities, position in their parent company, experience (relevant to this project) and skill set including industry certifications. This applies to all key strategic partners, consultants, contractors and any other personnel in a managerial or supervisory role directly responsible for essential or critical deliverables or milestones for the success of this project. Unless clearly stated, it will be assumed that each person described as part of the project team is dedicated to the proposed project. CSM will assume that this



represents the project team moving forward and any requested substitutions to the project team shall be submitted in writing and approved by CSM.

3.7.2. Contractor and Subcontractor personnel must comply with all CSM contractor requirements (citizenship, immigration status, etc.). In addition, personnel working in security sensitive areas may be required to undergo background checks.

3.7.3. Contractor shall be represented at the site by an assigned Site Manager from beginning of work until its final acceptance. The Site Manager is expected to represent the Contractor on site and shall exercise full control over the project and all assigned Contractor personnel.

3.7.4. Contractor shall provide a Project Manager (PM) responsible for managing Contractor

activities, attending meeting, providing schedules using project management software, etc.

3.7.5. The Project Manager is expected to have the authority to make binding decisions, and accept changes in schedule, quantities, or requirements on Contractor’s behalf. Representations made by the Project Manager will be binding for Contractor.

3.7.6. Contractor shall also assign a Systems Engineer to the project who shall work with the Site/Project Manager and CSM during the design and implementation phases.

3.7.7. CSM will have the right to approve Contractor personnel, including but not limited to the Site Manager and Systems Engineer, and may at any time or from time to time and for reasonable cause notify the Contractor that it will no longer accept services performed by any one or more of the Contractor’s employees. CSM will have no obligation to disclose to the Contractor reasons for any such notice. Contractor is obligated to promptly replace such person and skills so that the effectiveness of the services is not compromised with a person of suitable ability and qualifications. Contractor acknowledges that continuity of personnel on the project is critical and shall not reassign or transfer any of its personnel without CSM’s prior written approval.

3.7.8. Contractor and Sub-Contractor Personnel Certification

3.7.8.1. The Contractor Site Manager and all technicians assigned to this project (excluding assistants, helpers, and apprentices) shall be manufacturer certified on any equipment on which they will work.

3.7.8.2. Certified personnel are defined as those installation and repair personnel who have attended the manufacturer’s training classes on the type and model equipment installed at CSM, who have the proper experience and licenses for the work to be performed, and who are recognized by the manufacturer as certified technical support personnel.

3.7.8.3. The Project Manager (PM) shall have at least four years’ experience performing all project management aspects for Systems of similar size from the same manufacturer and shall be trained and certified in project management best practices.



3.7.8.4. The Site Manager (SM) shall be manufacturer certified for installation of the proposed System and shall have at least four years’ experience performing installation of the System.

3.7.8.5. The System Engineer shall be manufacturer certified for design and engineering of

the System and shall have at least two years’ experience performing design and engineering of the System.

3.7.8.6. All user training personnel shall have received manufacturer training in the

operation, features, functionality, system administration, and programming of the proposed System, and shall have at least two years’ experience conducting user training for the system.

3.7.8.7. The system administration and management trainer shall be manufacturer certified

for teaching courses in system administration and management of the proposed System.

3.8. CSM Project Manager

3.8.1. CSM will designate authorized Project Managers to deal in all matters with Contractor, including, but not limited to, questions, clarifications, proposal procedures, inspection, and implementation. CSM will provide the Contractor in writing with the names, titles, and responsibilities of such representatives. Instructions from anyone other than duly authorized CSM Project Managers shall not bind CSM in any way, and the Contractor shall not rely on or act pursuant to instructions of persons other than a duly authorized CSM Project Manager.

3.8.2. The CSM Project Managers shall be the conduit and sole point of contact between CSM and the Contractor.

3.8.3. CSM reserves the right to appoint one (1) or more Project Inspectors to review the

Contractor's work and ensure compliance with the contract and specifications. The Project Inspector shall at all times have access to the work.

3.8.4. The Project Inspector shall be considered a duly authorized agent of the CSM Project Manager

and shall have the right to stop or delay work if, in the Project Inspector's best judgment, the Work is not compliant with the contract or specifications, the continuation of the Work would threaten persons or property, or in any other manner jeopardize CSM or the project. The work shall remain stopped until such time as the Project Inspector states in writing that the problem has been resolved.

3.8.4.1. If the cause for delay is not the fault of the Contractor, the length of time the work has been delayed shall be added to the anticipated installation date.

3.8.4.2. If the cause for the delay is due to action or inaction by the Contractor or a Subcontractor, the problem shall be resolved at no cost to CSM and no time shall be added to the schedule.

3.8.5. Although CSM Project Manager is instructed to confer with the Contractor regarding interpretation and otherwise, such assistance shall not relieve the Contractor of any



responsibility for the Work.

3.8.6. Failure of the CSM Project Manager to observe faulty work, or work done which is not in accordance with the drawings and specifications, shall not relieve the Contractor from responsibility for correcting such work without additional compensation.

3.8.7. If laws, ordinances, any public authority, any insurance rating bureau or these specifications

require any work to be specifically tested or approved, the Contractor shall give CSM Project Manager timely notice of the date fixed for such inspection. The Contractor shall bear the cost of any such tests and is responsible for scheduling and obtaining them.

3.8.8. CSM Project Manager may require project coordination meetings that shall be attended by the

appropriate Contractor, subcontractors, and suppliers.

3.8.9. CSM Project Inspectors will be assigned as needed by the CSM Project Managers and written e-mail or mailed notification will be given the Contractor Site Manager.

3.9. Duties of Contractor

3.9.1. Contractor shall supply sufficient labor, material, plant and equipment, and pay when due any

laborer, Subcontractor, or supplier and otherwise pursue the Work with diligence to prevent any work stoppage and ensure completion of the Work within the time specified.

3.9.2. Contractor shall be responsible for laying out Contractor's own work and for any damage which may occur to work of any other Contractor or Subcontractor because of errors or inaccuracies. Furthermore, Contractor shall be responsible for unloading, uncrating, and handling of all materials and equipment to be erected or placed by Contractor, whether furnished by Contractor or others. Layout of work by Subcontractors shall be coordinated with layouts of all general work. Unless otherwise directed by CSM, salvage materials, waste and scrap resulting from such work shall be promptly removed from the site by the responsible Contractor.

3.9.3. Contractor shall be responsible for protection, including weather protection, and properly

maintaining all equipment and materials installed, or to be installed by Contractor.

3.9.4. Contractor shall be responsible for care of the finished work and must protect same from damage or defacement until acceptance by CSM. All damaged or defaced work shall be repaired or replaced to CSM’s satisfaction, at expense of Contractor.

3.9.5. No project signs shall be erected without the prior written consent of the CSM Project

Manager except for signs dealing with public safety.

3.9.6. Contractor shall verify all requirements. No extra charges or compensation shall be allowed as a result of the failure to verify requirements before ordering materials or fabricating items.

3.9.7. If any work is required to be specially tested or approved, Contractor is expected to give CSM

Project Manager timely notice of date for such inspection.

3.9.8. Contractor is expected to do all cutting, fitting, or patching of its work that may be required to



make its several parts come together properly and fit it to receive, or be received by work of other Contractors or Subcontractors shown upon, or reasonably implied by, drawings and specifications for the completed work.

3.10. Hazardous Materials Procedures

3.10.1. It is possible that materials containing asbestos, dust, lead, or other hazardous materials may be

found in many areas of CSM such as but not limited to pipe and boiler insulation, floor tiles, glues, mastic, plaster, joint compound, paint, coatings, roofing materials, acoustical or insulation material on building structures (ceilings, walls, beams, etc.). All applicable federal, state, and local regulations must be followed during work with all hazardous materials.

3.10.2. If asbestos, lead paint, or any other hazardous material is encountered on any job, where such material must be removed or disturbed in any manner, all work in that area shall cease and the CSM Project Manager notified in writing. The CSM Project Manager will make the necessary arrangements in conjunction with CSM officials to address the problem. Contractors will not be held responsible for delays due to hazardous material removal or abatement except due to a Contractor’s failure to notify CSM in a timely manner.

3.10.3. Failure by Contractors or their employees or Subcontractors to adhere to this hazardous materials procedure will constitute a breach of contract and may cause the Contractor to be terminated. In such a case, CSM will immediately hire a substitute Contractor for the work, and hold the terminated Contractor responsible for the cost of completing the work and any liability CSM may sustain pursuant to the terminated Contractor's work.

3.11. Codes and Standards

3.11.1. Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations

and standards, including but not limited to the Gramm-Leach Bliley Act, the Health Insurance Portability and Accountability Act (HIPAA) and other privacy laws. Contractor also is expected to cooperate with CSM as required for CSM to fulfill any of its obligations under The Family Educational Rights and Privacy Act (FERPA).

3.11.2. The installation shall comply in all aspects with all federal and state laws and regulations, laws, bylaws, codes, and regulations of the cities or towns where the equipment will be located, all CSM rules, standards, and bylaws, and all codes listed below. All work performed by the Contractor or any subcontractor that is not in compliance with the above laws and codes upon installation shall be corrected by the Contractor at no cost to CSM for the life of the Agreement irrespective of when the non-compliant work is discovered.

3.11.3. Contractor is expected to be responsible for obtaining and paying for all necessary permits and licenses legally required for the performance of the work. Contractor shall post all notices required by law and comply with all laws, ordinances, regulations or other legal requirements of any Governmental Authority bearing on the conduct of the work as specified.

3.11.4. Certifications for any work that requires an inspection certificate or certificates by a

Governmental Authority, National Board of Fire Underwriters or any other entity shall be obtained and paid for by Contractor. Contractor is responsible for procuring all necessary certificates of acceptance or completion required and issued by the state, municipal, or other



Governmental Authority and delivering these to CSM. CSM may withhold any payments that are due or that may become due to Contractor until the necessary certificates are procured and delivered to CSM.

3.11.5. All work shall be performed per the following codes and standards as applicable to the

task(s) performed including:

American National Standards Institute (ANSI)

American Society for Testing and Materials (ASTM)

American Standards Association (ASA)

Municipal/State of Maryland building codes, electrical codes, rights-of-ways, permitting, and other rules, laws, and ordinances

Bell Communication Research (Bellcore) standards

Building Industries Consulting Services International (BICSI) Telecommunications Distributions Methods guidelines

International Code Council (ICC) International Building Code, International Plumbing Code, Electrical Code International Energy Conservation Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Performance Code for Buildings and Facilities, International Plumbing Code, International Urban-Wildland Interface Code

Electronics Industry Association/Telecommunications Industries Association (EIA/TIA) 568, 569, 606, 607, 942 and all associated TSBs

Federal Communications Commission (FCC) Requirements (including but not limited to those included in 47 C.F.R. part 15 and 47 C. F. R. part 68)

Institute of Electrical and Electronics Engineers (IEEE)

National Board of Fire Underwriters (NBFU)

National Bureau of Standards (NBS)

National Electric Code (NEC)

National Fire Protection Association (NFPA) 101 Life Safety Code

Rural Electric Association - Telephone Division Standards

State of Maryland Uniform Building Code

Underwriters Laboratories, Inc. (UL), Federal Specifications

Williams-Steiger Occupational Safety and Health Act of 1970 (OSHA) - Public Law 91-596 and Maryland OSHA

3.11.6. The latest editions of these Codes and Standards shall be applicable. Where conflicts exist

from one code to another, the more stringent requirement shall apply.

3.11.7. If Contractor observes that proposal guidelines are or may be at variance with laws, ordinances, rules, regulations or codes, Contractor shall promptly notify CSM in writing, and any necessary changes shall be adjusted as provided in contract documents.

3.11.8. CSM must approve in writing any deviation from the above codes and standards.



3.12. End-user Training

3.12.1. Contractor shall provide in-depth training as described below as part of the installation at no additional charge.

3.12.2. Most training will be performed through a Train-the-Trainer process where a selected group of CSM employees will be trained to conduct training for present and future employees and those needing additional help.

3.12.3. Contractor shall provide the “Train-the-Trainer” training for approximately 5 selected CSM personnel by providing qualified, full-time instructors. It is assumed that the System will be operational sufficiently ahead of time to support equipment of each type which will be temporarily provisioned for training and demonstration purposes.

3.12.4. Contractor shall provide the Train-the-Trainer classes on the use of the UPS and mechanical/HVAC equipment, and related hardware and software. Class size and length will be determined after the final design is approved.

3.12.5. The Contractor must provide all training materials, user guides, reference materials, and other documents, booklets, or guides associated with the use and operation of the System as well as streaming video, DVD, and web-based training programs. CSM reserves the right to customize or have customized all such materials and to copy, reproduce, and distribute such materials at its own cost for its own use in the future. CSM customization of training material shall not void any warranties.

3.12.6. Contractor must provide copies of all training materials, guides, etc. in web ready format for posting on the CSM web sites for access via the campus network.

3.12.7. The Contractor shall present the training plan and materials to the CSM Project Manager at least 30 business days prior to first training session. CSM retains the right to request revisions to the user training plan and materials at least ten (10) business days prior to the first training session.

3.12.8. CSM may record any of the training. Where available, training material and existing

recordings as described in this section shall be provided for off-line and perpetual use by CSM.

3.12.9. If the Vendor elects to conduct any or all staff training by using courses taught at a training facility off of the CSM campus, all costs (including travel, lodging, meals, etc.) must be borne by the Vendor. All other aspects of the staff training above (including the requirement for multiple sessions) apply whether the courses are taught on or off campus.

3.13. Disposal of Existing Equipment

3.13.1. While the College reserves the right to make its own arrangements for the disposal of the legacy equipment, as part of this procurement, the selected Contractor is expected to make arrangements to remove and dispose of any of the existing equipment including AC/DC power systems, batteries, and HVAC equipment. Contractor shall provide CSM a list of equipment to be disposed of seven business days prior to removal providing CSM the



opportunity to make alternate arrangements or retain any equipment.

3.13.2. The Contractor may not sell any equipment without CSM knowledge and approval and, at CSM’s sole option, share a negotiated portion of the profit of such a sale with CSM or incorporate it as a discount for future services.

3.13.3. The existing equipment may not be removed or disposed of until after the new System has successfully passed Final System Acceptance Testing.



4. WARRANTIES AND MAINTENANCE:

4.1. Overview and Base Requirements

4.1.1. CSM requires that the selected Contractor provide a custom warranty and maintenance plan for the installed System which shall include:

• Technical support from both the local distribution channel and the manufacturer

• Installation of hardware fixes, Software “patches,” “bug fixes,” service pack updates, etc. for all application software and operating systems to resolve any software or security problems. All installation and patch files and associated documentation shall be provided to CSM. CSM may elect to install any software or patches, install with contractor assistance or direct the contractor to perform the installation

• Software upgrades • Trouble reporting • Discounted hardware purchases

4.1.2. The Contractor is expected to provide CSM with reasonable written notice (minimum 1 year)

of the pending discontinuation of availability of any parts, software, services or technical data, which might impact the operation of the System should those elements fail.

4.1.3. The Contractor is expected to provide a letter from the manufacturer of every major sub-

system (electrical, mechanical, fire, etc.), guaranteeing the availability of parts and technical support (hardware and software) for a period of not less than five (5) years from the date of final System Acceptance.

4.1.4. The Contractor is expected to provide a road map of known system upgrades and

enhancements annually prior to support contract renewal.

4.1.5. The Contractor is expected to provide annually at contract renewal and, during the duration of the contract keep current, information on End of Support and End of Life dates for all proposed components of the system, including those offered by third parties.

4.1.6. The Contractor is expected to maintain an inventory of spare parts for all critical System

components at a facility within 4 hours driving distance from CSM, and shall have a sparing policy to allow for prompt replacement and repair of any failed system components.

4.1.7. The Contractor shall provide an adequate number of manufacturer certified repair personnel to

meet the response times and other performance requirements as outlined in this section.

4.1.8. The Contractor shall provide and update as necessary the list of manufacturer certified repair personnel. Certified personnel are defined as those repair personnel who have attended the manufacturer's training classes on the type and model equipment installed at CSM, who have the proper experience and licenses for the work to be performed, and who are recognized by the manufacturer as "qualified" technical support personnel. Only certified repair personnel as



described above shall be considered as an adequate response to a failure.

4.1.9. Maintenance Labor shall be defined to be all labor required to diagnose malfunctions in any System element and to repair that malfunction and shall be available twenty-four hours a day, seven days a week.

4.1.10. Any repairs and software patches and updates shall be pre-scheduled with CSM. The

Contractor shall inform CSM of any potential system outages and CSM will have the final decision as to the dates and times this work will be performed.

4.1.11. Maintenance for any System components damaged by Contractor personnel or agents is

expected to be performed, wherever possible, to the same schedules and specifications as for any other maintenance. Repair or replacement of any other property damaged by Contractor personnel or agents shall be performed at the discretion of and according to schedules set by CSM for each such incident.

4.1.12. The Contractor shall provide a fixed schedule of costs for both time and materials for

maintenance of System components damaged by factors outside of the Contractor's control. Such factors shall include intentional or accidental abuse or damage caused by CSM and to damage caused by environmental conditions such as fires, floods, storms, commercial power failures, and heating, ventilating, and air conditioning equipment malfunctions.

4.1.13. Any schedule of costs for time and materials shall be agreed to by both CSM and the

Contractor in writing and shall remain in effect for the duration of the initial System warranty. The Contractor shall provide a subsequent schedule of costs to CSM as a supplement to each maintenance contract offered to CSM.

4.1.14. Maintenance for any System components damaged by factors outside of the Contractor's

control is expected to be performed, wherever possible, to the same schedules and specifications as for any other maintenance.

4.1.15. The Contractor is expected to provide a plan for repair or replacement of the CSM System

and any components thereof in the event of a catastrophe which renders all or a significant part of the System inoperable (fire, flood, earthquake, etc.).

4.2. First-Year Warranty Requirements

4.2.1. CSM requires that the installation, including all services, data gathering, design, hardware and

software shall be warranted by the Contractor to be free of defects in software, materials, and workmanship for a period of at least one (1) full year following the Acceptance Date of the System by CSM. The one-year period of this warranty shall be known as the “Warranty Period.”

4.2.2. In the event that any Manufacturer’s warranty is less than the specified one-year period, the

cost of providing warranty support for this period shall be included in the purchase price. If the manufacturer’s standard maintenance plan includes full hardware and software support, it may take the place of hardware and software warranty as long as all other aspects of the installation are covered by the full one-year warranty.



4.2.3. The System and all components thereof will perform in accordance with the manufacturer documentation and the agreement between the Contractor and CSM and will be of good material and workmanship and free from defect.

4.2.4. The Contractor is expected to provide certification of all new system components so that full

warranty coverage shall be provided by the manufacturer(s).

4.2.5. The Contractor shall have total responsibility for all maintenance of the complete System, software, and all ancillary equipment throughout the warranty period. Warranty maintenance shall be defined as labor, parts and supplies, software patches, technical support, and System diagnostics, whether on site or remote.

4.2.6. Regular and scheduled preventive maintenance is expected to be performed in accordance with

the manufacturer’s specifications throughout the warranty period. This is expected to include, but not be limited to: running diagnostic programs and tests; cleaning internal components of System elements; and otherwise servicing all applicable components on a periodic basis in compliance with manufacturer's recommendations. If such maintenance requires System downtime, it should be performed during a CSM approved maintenance window which shall not be during normal business hours.

4.2.7. CSM requires that the Contractor replace or repair any defective items and resolve any

implementation issues at no cost to CSM throughout the warranty period.

4.2.8. All repairs made under warranty shall be at the sole expense of the Contractor, including parts, software, labor, travel expenses, meals, lodging and any other costs associated with repair.

4.2.9. The Contractor’s maintenance personnel may elect to repair or replace damaged or failed

System components after their removal from the System, however CSM must be notified whenever anything other than new replacement parts are used. Unless so notified, the use of new parts for replacement of damaged components is required. Such repaired or replaced components shall perform equal to or exceed the specifications for the original component.

4.2.10. Repair or replacement shall be done as soon as practical after removal of the component

from the System, and shall not in any way reduce System performance below its specified levels or reduce the parts stockpile below its required minimums.

4.2.11. All services provided under warranty shall be performed in a timely, competent and

workmanlike manner, in accordance with the highest industry standards.

4.2.12. In delivering products and performing the services under the warranty agreement, Contractor is expected to ensure security and prevent viruses or disabling code from being introduced into the System or provide a mechanism to infiltrate CSM systems. Contractor shall be responsible for actual and liquidated damages should Contractor introduce or allow to be introduced a malicious actor into the CSM environment.

4.2.13. The System shall continually monitor its own performance and shall indicate hardware or

software failure or intervention requirements by the posting of alarms, contacting the Contractor, and contacting CSM. Alarm is expected to be by indicator lamp, digital display,



email, radio page, text message, automated voice telephone call, or other suitable form.

4.2.14. CSM requires the following levels of response to incidents during the warranty period:

4.2.14.1. Major Incident: One (1) hour response time regardless of time of day or day of week reported and remote diagnostics must be initiated in less than one (1) hour after reporting a problem.

4.2.14.2. Minor Incident: Twenty-four (24) hour response time during “Prime Shift” which is

defined as the hours of 8:00 AM to 5:00 PM Eastern Time, Monday through Friday excluding legal holidays applicable to CSM. Troubles may be reported at any time, twenty-four (24) hours a day, with the required response time within twenty-four (24) hours of the start of the next Prime Shift.

4.2.15. Major incidents are expected to be defined to be a fault that affects or threatens any critical

component of the installed System. Typically, such faults have a major impact on System performance, reliability, or user service levels and require the promptest attention.

4.2.16. Minor incidents shall be defined to be those that indicate a fault or matter requiring human

intervention that does not fit into the category of a major incident as defined above. Minor incidents include other service-affecting conditions that require maintenance or repair of a System component, but do not provide an alarm indication and do not impact system performance or reliability to the extent of a major incident.

4.2.17. Response time shall be measured beginning from the time of the initiation of a trouble

report, whether reported automatically by the system, by CSM, by a service technician, or by any other means.

4.2.18. A fault shall be determined to have been cleared or a procedure completed whenever System

elements associated with the fault or procedure are performing according to specifications.

4.2.19. Failure to meet response times is expected to be subject to penalties.

4.2.20. The Contractor shall have escalation procedures for response to major alarms and equivalent diagnostic routine indications

4.2.20.1. First-level response (Contractor's maintenance personnel on site or remotely performing

appropriate testing, diagnostics, and repairs) to any major alarm or equivalent diagnostic routine indication shall be not greater than one (1) hour after the discovery of such an alarm or indication. Appropriate CSM personnel shall be notified within fifteen (15) minutes after the first-level response procedure is underway.

4.2.20.2. Whenever any such fault or diagnostic indication shall remain uncorrected after a

period of one (1) hour has expired from the first-level response, a second-level response shall be initiated that shall involve personnel from the Contractor's regional support center either in person or by telephone. Appropriate CSM personnel shall be notified immediately upon the initiation of any second-level response. In any case, personnel



from the Contractor's regional support center shall be assisting no later than four (4) hours after the initiation of a first-level response.

4.2.21. Any issue not resolved within four (4) hours after the first-level response shall be escalated

to the Contractor’s Senior Management. CSM is expected to be notified immediately that the issue is not resolved and has been escalated.

4.2.22. Any major alarm condition shall be grounds for CSM to request meetings with appropriate

representatives of the Contractor to resolve any problems or difficulties produced by the condition and/or its solution and to plan for the avoidance of such a condition in the future. Nothing in this Section shall prevent CSM from seeking appropriate redress from the Contractor

4.3. Post-Warranty Maintenance

4.3.1. Include manufacturer recommended maintenance and support levels and associated pricing for

all major and minor systems provided including HVAC and UPS.

4.4. Post-Warranty Maintenance Costs

4.4.1. The annual cost for maintenance during the four (4) years after the end of the first-year warranty period shall be proposed at the time of presentation of this bid response.

4.4.2. Increases in the annual maintenance cost for subsequent years (beyond Year 5) are expected to

be calculated based on the increase in some mutually acceptable and readily identifiable index (such as CPI for the SMSA serving La Plata, MD). The increase in any one year is expect to not exceed the lesser of CPI or five percent (5%) of the total maintenance contract cost for the previous year adjusted for configuration changes.

4.4.3. It is expected that annual maintenance contracts may be automatically renewed at the end of the one-year contract term, at CSM’s option. It is expected that annual contracts may be modified, at CSM’s option, upon renewal each year. The contract modifications may include changes to: maintenance approach; levels of maintenance; etc. The contract modifications may also include the use other providers for maintenance of any or all portions of the System, with such portions of System maintenance deleted from the maintenance contract. Changes to annual contracts may be made by CSM, without penalty, with sixty (60) days written notice to the Contractor prior to the end of the then current contract.

4.4.4. CSM will consider multi-year maintenance contracts if there are sufficient monetary and

operational advantages in doing so. It is expected that multi-year maintenance contracts would automatically renew at the end of each year during the contract period. It is expected that such contracts may be modified, at CSM’s option, upon renewal each year. The contract modifications may include changes to: contract term; maintenance approach; levels of maintenance; etc. The contract modifications may also include the use other providers for maintenance of any or all portions of the System, with such portions of System maintenance deleted from the maintenance contract. Changes to multi-year contracts may be made by CSM, without penalty, with sixty (60) days written notice to the Contractor prior to the contract renewal date each year.





5. PROJECT REQUIREMENTS AND CONDITIONS:

5.1. Performance Bonds/Labor and Materials Payment Bond

5.1.1. The successful Contractor shall furnish CSM with "Performance" and "Labor and Material Payment Bonds," each in the amount of 100% of the contract price within ten (10) days after letter of intent to award. Each of these bonds must be in a form and surety with an A. M. Best rating of A or better.

5.1.2. Bonds shall be quoted as separate line items to be included at the option of CSM.

5.2. Title; Ownership

5.2.1. Title of all equipment is expected to pass to CSM upon payment in full. Title, when passed to CSM shall be good, marketable, and free and clear of all claims and encumbrances, except for those that CSM has consented to in writing.

5.2.2. Each party owns its pre-existing works. Any work, customization and improvement that is developed during the course of the proposed agreement by the Contractor or CSM shall be as defined in Statement of Work for that customization, otherwise it shall be deemed a work made for hire and CSM will own the program, codes, documentation, materials, data, specifications, reports and all intellectual property in such work. The Contractor shall assign any rights in such deliverables and intellectual property to affect the ownership of CSM.

5.3. Risk of Loss

5.3.1. Risk of loss of all equipment provided under the Contract is expected to pass to CSM upon the Acceptance Date. The Contractor shall assume all risk of loss or damage prior to that date.

5.4. Separate Contracts and Cooperation

5.4.1. While it is CSM’s intent to contract for the full solution even if the implementation will be

phased, CSM does reserve the right to implement this project in whole or in part. CSM reserves the right to award other contracts in connection with the work, and to award only portions of the contract, and to separately contract portions of the work if determined to best serve the interests of CSM.

5.4.2. It shall be the duty of the Contractor, as well as all Subcontractors employed by them, to

communicate immediately with each other in order to schedule work, locate storage facilities, etc., in a manner that shall permit all Contractors to work in harmony in order that work may be completed in the manner and within the time specified.

5.4.3. No Contractor may delay any other Contractor by neglecting to perform the work at the

proper time. Each Contractor is expected to coordinate Contractor's work with other Contractors so as to afford others reasonable opportunity for execution of their work. Any costs caused by defective or ill-timed work, including liquidated damages, if prescribed, are expected to be borne by Contractor responsible for the delay.

5.4.4. Each Contractor shall be responsible for damage to CSM’s or other Contractor's property



which damage is attributed to acts or omissions of the Contractor or Contractor's employees and agents. If any Contractor shall cause damage to any other Contractor, the Contractor causing such damage shall upon notice of any claim promptly settle with such Contractor by agreement, or if no agreement is reached thirty (30) days after such notice, by arbitration.

5.4.5. Contractor shall not claim from CSM money damages or extra compensation under the

Contract when delayed in initiating or completing Contractor's performance hereunder, when the delay is caused by labor disputes, natural causes such as fire and wind, but not limited thereto, or the failure of any other Contractor to complete its performance under any contract with CSM where any such cause is beyond CSM’s reasonable control.

5.5. Assignment of Contract

5.5.1. No assignment by Contractor of any amount or any part of the contract to be received

thereunder shall be permitted unless such assignment has had the prior written approval of CSM and the surety has been given due notice of such assignment and such surety has also furnished written consent.

5.6. Commencement, Prosecution and Completion

5.6.1. CSM will prepare and forward two (2) copies of the contract to the awarded Contractor. The

Contractor shall sign and return one (1) copy of the contract to CSM. Contracts executed by partnership require original signatures from the general partners and must be accompanied by a certificate of the general partner's(s') authority to bind the partnership. If the Contractor is a limited partnership, the Contract must be accompanied by a recent Long Form Certificate of Legal Existence naming the current general partners issued by the appropriate Secretary of State. Contracts signed by corporations must be signed by an officer of the company. The corporate seal of the Contractor MUST be affixed.

5.6.2. If the Contractor is a sole proprietorship, partnership, or foreign corporation (that is, not

incorporated under the laws of Maryland), the Contractor must provide certification from the Maryland Secretary of State’s office showing the right of the Contractor to do business in the State.

5.6.3. Before CSM will issue Notice to Proceed to permit Contractor to begin work, CSM must

receive the following instruments, properly executed as described in the contract documents:

Contract

Performance Bond or Letter of Credit

Insurance Certificates or Policies

Detailed List of Subcontractors

W-9 Form

5.6.4. Contractor shall commence work upon (but not before) the date that the "Notice to Proceed" is received from CSM. Contractor shall execute the work with faithfulness and energy, and the entire work shall be completed within the number of consecutive calendar days from the date specified in the Proposal Form and Special Conditions.



5.6.5. All time limits relating to Contractor’s performance stated in the contract are material elements of the contract. TIME IS OF THE ESSENCE IN THIS CONTRACT.

5.6.6. When conditions at the site of the proposed work are considered by CSM to be unsatisfactory

for execution of work, the Contractor may be ordered by CSM, in writing, to suspend the work or any part thereof until reasonable conditions exist. When such suspension is not due, in the sole opinion of CSM, to fault or negligence of the Contractor, time allowed for completion of such suspended work will be extended by a period of time equal to that lost due to delay occasioned by order suspension.

5.6.7. No claims for alleged delay or additional labor due to coordination problems shall be

permitted.

5.6.8. No pleas as to acts, orders or supervision of CSM (or any other person) shall be submitted in justification of any errors in construction or departure from terms of the contract, except for duly executed change orders or supplemental contracts, in writing, signed by CSM Procurement Department and specifically designated on its face as a "change order" or "supplemental contract" as the case may be.

5.6.9. Contractor shall represent and warrant that, before the commencement of the Work, (i) it will

have obtained all necessary approvals, consents, permits, and authorizations of third parties and Governmental Authorities to enter into the Agreement and to perform and carry out its obligations hereunder; (ii) the persons executing the Agreement on its behalf have express authority to do so, and, in so doing, to bind the party thereto; (iii) the execution, delivery, and performance of the Agreement will not violate any provision of any bylaw, charter, regulation, or any other governing authority of the party; and (iv) the execution, delivery and performance of the Agreement has been duly authorized by all necessary partnership or corporate action and is a valid and binding obligation of such party, enforceable in accordance with its terms.

5.7. Progress and Payment Schedule

5.7.1. The payment schedule will be upon completion of major milestones with a retained percentage

held until successful completion of acceptance testing. The expected payment schedule is as follows:

30% of the total System purchase price will be payable upon contract signing.

50% of the total System purchase price will be payable upon Substantial Completion.

The unpaid balance (20% of the total System purchase price plus or minus any adjustments for change orders, delays, etc.) will be payable upon successful completion of Acceptance Testing of the System. Final payment to the Contractor shall not be released until after all items are completed and not prior to the Acceptance Date.

5.7.2. The Contractor shall employ and supply a sufficient force of workers, material, plant and

equipment and pay when due, any workers, Subcontractor or supplier for supplies furnished and otherwise prosecute the work with diligence to maintain the rate of progress indicated on the progress schedule, prevent work stoppage, and ensure completion of the project within the



time specified. Should the Contractor fail in any respect, CSM may require that additional workers, plant, and equipment be employed and placed on the work or require that hours in addition to regular hours be worked until progress is as scheduled, in any event with no additional cost to CSM.

5.8. Delay in Completion

5.8.1. By executing the Contract, the Contractor acknowledges that the time for Contract Completion and any specified milestone completion dates are reasonable.

5.8.2. Liquidated Damages: The most critical dates are those for Substantial Completion and System

Acceptance. In the case of a delay in those milestones, the Contractor is expected to be liable to CSM for liquidated damages of $1,000 per calendar day for the first fourteen (14) calendar days and $5,000 per calendar day thereafter for delay in completion of work, which amount the Contractor shall agree to be a fair estimate of the actual damages to be incurred by CSM by such daily delay. Where, under the contract, additional time is allowed for the completion of the work, the new time limit shall be of the essence of the contract.

5.8.3. No time extensions shall be awarded to the Contractor for conditions other than “Force

Majeure” (acts of God, acts of war, acts of terrorism, labor disputes, or other such issues reasonably beyond the control of the Contractor) or those that CSM and the Contractor mutually agree upon in writing. In the case of “Force Majeure,” the Contractor shall receive a day-for-day extension to the deadline unless otherwise agreed to in writing by both parties.

5.9. Licensed Software, Patents and Other Intellectual Property Rights

5.9.1. Contractor represents and warrants that it is the sole owner of each software product provided

to CSM under the Agreement (the "Software Products") or, if not the owner, has received all proper authorizations from the owner to license each Software Product to CSM. Contractor shall arrange the purchase of a fully-paid, non-assessable, perpetual, non-exclusive license for the Software and third party software, and all upgrades, enhancements, later versions and new releases of such software furnished to CSM by Contractor under the Agreement. Contractor also represents and warrants that it has the full right and power to grant the rights contained in the Agreement. The provisions of this Subsection shall survive any termination or expiration of any Agreement resulting from this RFP.

5.9.2. Contractor warrants that, to the best of its knowledge, (i) there is no pending or threatened litigation, including court, administrative or arbitral proceedings, which if decided adversely to Contractor or to any of licensors would interfere in any material manner with CSM’s rights to use the equipment, software, materials, methods, processes and information provided by Contractor under the Agreement, and (ii) that CSM’s use of such equipment, software, materials, methods, processes, or information will not infringe the rights of any person or entity.

5.9.3. Contractor shall, at no expense to CSM: (i) defend any action brought against CSM, its agents, trustees, employees, officers or affiliates to the extent such action is based on a claim that any provider of any software, computer programs, equipment, materials, methods, processes, data or information used by Contractor or provided to CSM by Contractor under the Agreement (such software, computer programs, equipment, materials, methods, processes, data and



information hereinafter individually and collectively known as the "the Software and Hardware") infringes any patent, copyright, trademark, trade secret, license or other intellectual property right; and (ii) indemnify and hold harmless CSM, its agents, trustees, employees, officers or affiliates from any liabilities to third parties, costs and expenses (including reasonable legal fees and expenses) incurred by CSM, its agents, trustees, employees, officers or affiliates as a direct result of such action or claim; provided and on condition that (a) Contractor is promptly notified in writing of any such action or claim; (b) CSM gives Contractor adequate information and reasonably cooperates with Contractor in the settlement and/or defense of any such action. In no event will CSM settle any such action or claim without Contractor's prior written approval unless CSM decides to bear the cost of settlement. CSM may, at its option, participate in the defense of the suit at CSM sole cost and expense.

5.9.4. Contractor warrants that the Software Products provided under the Agreement shall operate in all material respects in accordance with the then-current specifications for the Software Products for a minimum of twelve (12) months after Acceptance (or such longer period as may be agreed to especially given Contractor’s maintenance obligations). Software Products which fail to operate in accordance with this provision shall be replaced at Contractor's expense.

5.9.5. For any Contractor-developed or Owned software, the Contractor shall be willing to enter into

a Source Code Escrow Agreement. The Escrow Agreement shall provide that the Escrow Agent shall, under certain circumstances, release the source code and other related documentation to CSM.

5.9.6. The Agreement, if awarded, shall contain indemnification provisions by which the Contractor indemnifies, defends and holds CSM and its trustees, affiliates, parents, subsidiaries, officers and directors harmless from any third party claims related to intellectual property infringement, breach of representations and warranties, personal injury, property damage, non-compliance with laws, rules or regulations, confidentiality and privacy issues, payroll and employment issues and any act or omission of the Contractor, its agents, employees or subcontractors.

5.10. Publications

5.10.1. Publicity of this project is encouraged; however, no mention of CSM shall be made in any advertising or articles in any publication relating to the project, without the approval of the copy and written permission of CSM.

5.10.2. No signs or advertising shall be permitted at the project site except upon approval of CSM

except signs relating to public safety.

5.10.3. Use of CSM Name, Logo, and Trademarks: CSM reserves the right to limit use of its name, logo, seal, and other identifying marks. Permission must be obtained from CSM for any use of CSM name, seal, logo, or other identifying marks.

5.11. Materials and Workmanship

5.11.1. Except as otherwise specified, materials and equipment shall be new and of latest design, to

provide most efficient owning and operating cost, as approved by CSM. All work shall be



performed by competent workers and shall be of best quality.

5.11.2. Contractor shall carefully examine the plans and specifications and shall be responsible for the proper fitting of its material, equipment and apparatus into the building.

5.11.3. Contractor shall base its proposal only on materials, method of construction and equipment

as indicated. Contractor may make a written proposal to CSM to use alternate materials or equipment, but CSM decision shall be final.

5.11.4. Should specifications fail to particularly describe materials or goods to be used, it shall be the

duty of the Contractor to inquire of CSM what is to be used and to supply it at Contractor's expense or else thereafter replace it to CSM satisfaction.

5.11.5. Materials and workmanship shall be subject to inspection, examination and test by CSM and

its representatives during manufacture, installation and construction or any of them, at places where such manufacture, installation or construction is carried on. CSM and its representatives have the power and right to reject defective materials and workmanship or to require correction.

5.11.6. Contractor shall promptly remove, at its own expense, all rejected materials from work site.

5.11.7. When a material has been approved, no change in brand or make shall be permitted unless Manufacturer cannot make satisfactory delivery, or Material delivered fails to comply with contract requirements and in either case Contractor obtains CSM’s prior written approval.

5.11.8. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor,

materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for the proper execution and completion of the Work.

5.12. “Or Approved Equal" Clause

5.12.1. Whenever in any of the contract documents any article, device or material is designated by the

name of the manufacturer or Contractor or by any proprietary or trade name such name is followed by the words "or approved equal," "or as approved" or preceded by the words "similar and equal to," the standard products of manufacturers other than those specified will be accepted when, prior to the ordering or use thereof, it is proven to the satisfaction of CSM that they are equal in design, strength, durability, usefulness and convenience for the purpose intended. Any changes required in the details and dimensions indicated in the drawings for the substitution of standard products other than those called for shall be properly made as approved by CSM at the expense of the Contractor requesting the substitution or change.

5.12.2. No substitutions shall be permitted for components of extensions to existing installations

without the prior written approval of CSM. The named manufacturer must be provided in order to ensure compatibility with the existing installations.

5.13. Rights of CSM on Breach

5.13.1. In the event any provision of the contract is violated, CSM may serve notice on the Contractor and Contractor's surety setting forth the violations and demanding compliance with the



contract. Unless within ten (10) consecutive calendar days after serving such notice, such violation shall cease and satisfactory arrangements for correction be made, CSM may suspend the Contractor's right to proceed with any work other than necessary to cure the violations and/or terminate the contract in whole or in part.

5.13.2. In the event CSM terminates the contract, in whole or in part, CSM may demand that the

Contractor's surety take over and complete the work on the contract; and upon its failure or refusal to do so within ten (10) consecutive calendar days after demand, CSM may take over the work and execute the same to completion for the Contractor by proposal or negotiated contract satisfactory to CSM, or by any other means CSM may elect and may take possession of and utilize in completing the work including such materials, supplies, appliances and plant as may be on the site of the work, and all Subcontractors, if CSM elects, shall be bound to perform their contracts.

5.13.3. Whether the Agreement is terminated or the Breach is resolved, the Contractor and/or its surety shall be and remain liable to CSM for any excess cost or damages occasioned to CSM as the result of the actions set forth above including, but not limited to, additional CSM staff time, additional professional services, and delays in the project.

5.13.4. The Contractor, in the event of such termination, shall not be entitled to receive any further payments under the contract until the work is wholly finished. Then if the unpaid balance under the contract shall exceed all expenses of CSM, such excess shall be paid to the Contractor, but, if such expenses shall exceed the unpaid balance, the Contractor and its surety shall be liable for and shall pay the difference and any damages to CSM.

5.13.5. In exercising CSM’s right to secure completion of the work under any of the provisions hereof, CSM shall have the right to exercise its sole discretion as to the manner, methods and reasonableness of costs of completing the work.

5.13.6. The rights of CSM to suspend or terminate as herein provided shall be cumulative and not exclusive and shall be in addition to any other remedy provided by law.

5.14. Rights of Contractor on Breach

5.14.1. In the event CSM shall fail to pay any sum hereunder when due (except amounts due which

may be under dispute), Contractor may, at its option, cease installing the System and pursue the Dispute Resolution procedures contained in the Agreement. If upon exhaustion of the Dispute Resolution procedures, payments are not made by CSM as agreed upon, Contractor may, with ten (10) days written notice, terminate the proposed Agreement, retaining all sums theretofore paid hereunder as liquidated damages.

5.15. Termination for Convenience

5.15.1. CSM reserves the right to terminate the Agreement, in whole or from time to time in part, even though Contractor is not in default under the Agreement, upon thirty (30) days prior written notice. Upon receipt of written notice of such termination, Contractor shall, unless such notice otherwise directs, immediately discontinue all work under the Agreement.



5.16. Transition

5.16.1. In case of termination, either on breach or for convenience, Contractor agrees to assist with post-termination transition to a new System of CSM selection.

5.16.2. Upon termination, including expiration of any maintenance, support, or other service agreement, Contractor must disable and remove any “backdoor” access to the System.

5.17. Right to Withhold Certain Amounts and Make Application Thereof

5.17.1. In addition to any retained percentage, CSM may withhold such amounts as may be necessary to cover:

Defective or unsatisfactory work not remedied.

Completion of the contract where there is reasonable doubt that the contract can be completed for the balance then unpaid or within the time specified.

5.17.2. If Contractor fails to furnish satisfactory evidence of payment to others, then CSM may,

after having served written notice on Contractor, either pay unpaid bills of which CSM has written notice, direct, or withhold from Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in accordance with the terms of the contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon CSM to either the Contractor or Contractor's surety. Any payment so made by CSM shall be considered as a payment under contract by CSM to Contractor, and CSM shall not be liable to Contractor for any such payment made in good faith.

5.18. Cooperation in the Event of Lawsuits

5.18.1. In the event that any claim, demand, suit, or other legal proceeding arising out of any matter

relating to an agreement resulting from an award from this RFP is made or instituted by any person against CSM, Contractor shall, at its own cost and expense, provide CSM with all reasonable information and assistance in the defense or other disposition thereof.

5.19. Required Provisions Deemed Inserted

5.19.1. Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though it were included herein; and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.

5.20. Dispute Resolution

5.20.1. Any disputes which arise between CSM and the Contractor shall be resolved as follows:

5.20.2. First level: Problem should be resolved between the CSM Project Manager and Contractor



Site Manager and their immediate superiors.

5.20.3. Second level: Problems which cannot be resolved by the respective Project and Site Managers will be escalated to the Director of Procurement who will act as a facilitator to settle the dispute.

5.20.4. Third Level: If the recommended solution from the 2nd level dispute resolution is not acceptable to one or both parties, the matter will be escalated to higher levels within both organizations. Highest and final authority shall be the CSM Vice President for Student and Instructional Support Services and the Contractor’s Regional or District Vice President.

5.20.5. Disputes which cannot be resolved at the above levels shall be referred to legal counsel for

resolution.

5.20.6. CSM and the Contractor agree to resolve all disputes as expeditiously as possible. No work shall be delayed under the contract during the dispute resolution process.

5.20.7. Any contract between the Contractor and any Subcontractor(s) shall include provisions

providing for dispute resolution as set forth in this Section.

5.21. Governing Law

5.21.1. Any agreement between the parties that results from this RFP shall be governed by the laws of the State of Maryland. Any action brought to enforce any provision of the Agreement or arising out of the Agreement and/or its performance or nonperformance shall be brought only in the courts located in Maryland. By entering into the Agreement, the Contractor agrees not to challenge the jurisdiction or venue of the Maryland Courts at any time or in any proceeding arising out of or related to the Agreement or its enforcement.



6. PROPOSAL SUBMISSION

6.1. Following are the response requirements for this RFP. All specific response items represent the minimum information to be submitted. Deletions or incomplete responses in terms of content or aberrations in form may, at the College’s discretion, render the response non-responsive.

6.2. Offerors shall submit:

• Technical Proposal:

One (1) original and one (1) copy of the technical proposal response signed in ink by the authorized representative of the Offeror submitted in a sealed package, clearly marked on the outside to the CSM Purchasing contact.

Two (2) electronic copies of the complete proposal, one (1) to the CSM Purchasing contact and one (1) to [email protected].

Technical proposals should be submitted in MS Word using the response form in Attachment 2 (supporting documentation may be in PDF).

• Financial Proposal:

One (1) original and one (1) copy of the pricing/cost information submitted sealed in a separate package from the technical proposal, clearly marked on the outside to the CSM Purchasing department.

Two (2) electronic copies of the complete proposal, one (1) to the CSM Purchasing contact and one (1) to [email protected].

Financial proposals should be submitted in MS Excel using the response form in Attachment 3.

6.3. To facilitate the evaluation, Offeror shall submit and organize all responses using the

Response Form provided. Proposals that do not meet this requirement will not be accepted.

6.4. Failure to provide the proposal in the format required, or providing a proposal which is cumbersome, incomplete, or burdensome to evaluate, may result in disqualification.

6.5. Due to the time constraints associated with this project, Offerors who submit

incomplete, inaccurate, or incorrect proposals (in content or format) may not have an opportunity to re-submit.

6.6. Late proposals will not be accepted. It is the responsibility of the Offeror to ensure

that the proposal is received at the address given on or before the proposal opening date and time.

6.7. Proposals must be submitted and packaged as specified above. The outside of the

package must include the following information:

OFFEROR’S NAME

RFP-NO. CSM15-001D

mailto:[email protected]

mailto:[email protected]



PROPOSAL DUE DATE AND TIME

6.8. Technical Proposal:

6.8.1. Cover Letter. Include a cover letter introducing your company and summarizing your

qualifications.

6.8.2. Compete and submit the attached Vendor Response Form.

6.8.3. Alternatives

6.8.3.1. For every alternative proposed, provide a description of the alternative including:

How it differs from the submitted design

Benefits to CSM

Implications for implementation and support

6.9. Financial Proposal:

6.9.1. Complete and submit the attached Pricing Response Form to provide a complete description of the deliverables and services to be provided along with a complete breakdown of what the costs will be. Estimated proposal prices are not acceptable. Proposal prices will be considered to be your best and final offer, unless otherwise stated in the RFP.

6.9.2. Provide pricing for each alternative as well as the additive or deductive effect on base System

price.

6.9.3. Terms and Conditions in Pricing

6.9.3.1. Pricing as quoted in the Pricing Response Forms is expected to be for a complete turnkey System, inclusive of all products and services required to install and maintain the System in accordance with the terms and requirements of this RFP.

6.9.3.2. All prices are to be quoted in “today’s” U.S. dollars and are to include all associated charges, including but not limited to shipping, delivery, and import charges.

6.9.3.3. For all sections, equipment and services (including warranty and maintenance), the Offeror is to clearly describe the assumptions made in pricing. This is to include, but is not limited to, assumptions about the scope of CSM’s responsibilities (including financial estimates).

6.9.3.4. The Contractor shall receive no compensation for the project in excess of the amount set forth in the applicable Pricing Response Form without CSM’s written approval.

6.9.3.5. Invoices shall be in accordance with an agreed upon schedule to be determined during final negotiations and incorporated into the final contract terms. All invoices shall



be itemized in sufficient detail so that CSM may understand any changes. Payment terms for undisputed amounts are sixty (60) days calculated from the date the invoice was received. Invoices received one hundred and eighty (180) days or more after the date the services were rendered will be deemed null and void, and CSM will be relieved of its obligation to pay them.

6.9.3.6. Contractor shall provide CSM with assurance that no other customer of similar size and scope has obtained better pricing than CSM with respect to the System and services provided under the Agreement.

6.9.3.7. The Pricing Forms shall include, but not be limited to, all equipment, services, accessories, cables, connectors, and other related items for fully installed systems ready for operation by CSM as specified herein. Any material, equipment, or information specified in the Offeror’s quote response which is necessary for complete and operational systems, for which a price is not specifically identified by the Offeror, shall be considered to be included in the price of another item or provided at no cost to CSM, unless otherwise provided in this RFP.

6.9.3.8. Implementation costs for all equipment and software, including all necessary labor and materials, for the fully operational systems specified herein, are the responsibility of the Contractor. The Offeror is required to include all applicable costs for the implementation specified herein in the pricing forms. The Contractor is responsible for complete implementation of fully operational systems specified herein at the price quoted in the pricing forms. If there are additional costs for the specified implementation, above what was quoted in the pricing forms, the Contractor shall be responsible for those costs. CSM will not pay additional costs for the implementation to be performed as specified herein.

6.9.3.9. The quantities identified in this document are estimates for evaluation purposes only. Actual quantities may be less than, equal to, or greater than the estimated quantities at the time of contract award and/or after award. Any changes to these quantities will result in modification to the delivery order(s).

6.9.3.10. Changes in quantities must be done in accordance with the change order process

defined in this RFP. CSM, by written order, may authorize changes in or additions to work to be performed or materials to be furnished pursuant to the provisions of the contract.

6.9.3.11. Where quantities change, the total prices will be adjusted based upon the changed quantities using the quoted unit prices on the pricing forms. The adjusted Purchase Price for each item shall equal the Unit Price multiplied by the adjusted Quantity for that item. The adjusted Total Implementation Price for each item shall equal the Unit Implementation Price multiplied by the adjusted Quantity for that item. Where Offeror’s do not provide the Unit Implementation Price for an item, the Total Implementation Price will not be adjusted if the quantities for that item are changed.

6.9.3.12. When additions are made to the System for capabilities not previously quoted, the Contract shall provide a separate, detailed proposal for the



system/subsystem/service/capability to be added delineating unity prices for hardware, software, labor, professional services, support, etc.



7. EVALUATION AND AWARD

7.1. Proposal Evaluation

7.1.1. Specific factors will be applied to proposal information to assist the College in selecting the most qualified candidate for this contract. Evaluation criteria that will be used are as follows, listed in no particular order:

7.1.1.1. Offeror’s Experience and Qualifications including:

- Customer References

- Experience including specific experience in Higher Education

- Experience with the specific products proposed

- Experience with data center design/build projects

- Experience incorporating environmental sustainability and “green” technologies and methods

- Manufacturer Certifications

- Subcontractor Qualifications

- Ability to provide equipment and services under State of Maryland and/or consortium contracts applicable to CSM

7.1.1.2. Offeror’s Design and Construction Approach 7.1.1.3. Compliance with the terms, conditions, and other provisions contained in this RFP

or acceptable alternatives provided by the Offeror 7.1.1.4. Cost analysis based on life-cycle costs over a ten (10) year total cost of ownership.

The input items from the Offeror-submitted Pricing Response Form in conjunction with internal CSM costs (e.g.: staffing, network upgrades, infrastructure upgrades, etc.) will be used to develop the life-cycle cost models.

7.1.2. This is not a lowest responsible bidder procurement. Selection will be made to the proposal that the evaluation committee feels meets the requirements and offers the best overall value to the College of Southern Maryland.



8. ADMINISTRATIVE INFORMATION

8.1. ISSUING OFFICE: The College of southern Maryland (CSM) Purchasing Agent listed herein is to be the SOLE point of contact concerning this RFP. Offerors shall not directly contact other personnel regarding matters concerning this RFP or to arrange meetings related to such.

8.2. OFFICIAL MEANS OF COMMUNICATION:

All official communication from CSM to Offerors will be via direct electronic communications with the bidders. CSM Purchasing will post notices that will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the Notice of Intent to Award. It is incumbent upon Offerors to carefully and regularly monitor the electronic solicitation notification system for any such postings. In addition, communications may be sent to attendees of the mandatory pre-proposal conferences, if any, via fax or email.

8.3. INQUIRIES:

Prospective Offerors may make written inquiries by mail, e-mail or fax before the written inquiry deadline concerning this RFP to obtain clarification of requirements. There will be opportunity to make inquiries during the pre-conference, if any. No inquiries will be accepted after the deadline. Inquiries regarding this RFP (be sure to reference RFP number) should be referred to the Purchasing Agent.

Response to Offerors’ inquiries will be published as a modification on the electronic solicitation notification system in a timely manner. Offerors cannot rely on any other statements that clarify or alter any specification or other term or condition of the RFP.

Should any interested Offeror, sales representative, or manufacturer find any part of the listed specifications, terms and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the responsibility of the concerned party to notify the Purchasing Agent of such matters immediately upon discovery.

8.4. MODIFICATION OR WITHDRAWL OF PROPOSALS:

Proposals may be modified or withdrawn by the Offeror prior to the established due date and time.

8.5. MINOR INFORMALITIES:

Minor informalities are matters of form rather than substance evident from the response or insignificant mistakes that can be waived or corrected without prejudice to other vendors; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Purchasing Agent may waive such informalities or allow the vendor to correct them depending on which is in the best interest of the College.

8.6. RESPONSIBILITY DETERMINATION:

The College of Southern Maryland Procurement Rules state a Purchasing Agent shall make



purchases from, and award Contracts to, Responsible Vendors only. The College reserves the right to make its Offeror responsibility determination at any time in this RFP process and may not make a responsibility determination for every Offeror.

8.7. ACCEPTANCE OF RFP TERMS:

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of a person who is legally authorized to execute contractual obligations on behalf of the Offeror shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the Offeror of all terms and conditions as set forth herein. An Offeror shall identify clearly and thoroughly any variations between its proposal and the RFP in the cover letter. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

8.8. PROTESTED SOLICITATIONS AND AWARDS:

Any actual or prospective Offeror who is aggrieved in connection with either the solicitation or subsequent award of a contract may protest to the College of Southern Maryland, Vice President of Finance. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. CSM’s Code of Ethics and Principles and Standards of Purchasing Practices Policy #PRO-000.

With regard to the language above, it is important for Offerors to note that a challenge to the solicitation’s requirements or specifications should be made within seven (7) working days of when the item being protested is known. Announcement of the Notice of Intent to Award will be made via a posting on an electronic solicitation notification system. The requirement for timely submission of any protest (7 working days) will begin on the first working day following posting of the Notice of Intent to Award.

8.9. CONFIDENTIAL/PROPRIETARY INFORMATION:

The College neither requests nor encourages the submission of confidential/proprietary information in response to this Request for Proposal. Information submitted will be open for public inspection. However, written requests for confidentiality can be submitted to the Purchasing Agent provided that the submission is in strict accordance with the following procedures. This remains the sole responsibility of the Offeror. The Purchasing Agent will make no attempt to cure any information that is found to be at a variance with this procedure. The Offeror may not be given an opportunity to cure any variances after proposal opening. Neither a proposal in its entirety, nor proposal price information will be considered confidential/proprietary. Questions regarding the application of this procedure must be directed to the Purchasing Agent listed in this RFP.

Procedure:

1. A written request for confidentiality shall be submitted, by the Offeror, with the proposal response package.

2. The written request will be enclosed in an envelope marked “Request for Confidentiality.” 3. The written request must be accompanied by the information that is requested to be held

confidential. Specific reasoning as to why each element is to remain confidential, other than



recitation of a specific state or federal statute, is required. 4. Confidential/proprietary information must be separated out from the rest of your response. Co-

mingling of confidential/proprietary information and other information is not acceptable. 5. The Purchasing Agent will make a written determination as to the apparent validity of any

request for confidentiality. The written determination of the Purchasing Agent will be sent to the Offeror.

Proposals that are determined to be at variance with this procedure may be declared non-responsive by the Purchasing Agent, and not given further consideration.

8.10. ACCEPTANCE OF PROPOSAL CONTENT:

The contents of the proposal (including persons specified to implement the project) of the Offeror will become contractual obligations if acquisition action ensues. Failure of the successful Offeror to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such Offeror may be removed from future solicitations.

8.11. FORM OF THE CONTRACT:

A condition of the Offeror’s response shall be that the contract resulting from the award to the Offeror shall be in the form required by current Maryland statutes, College of Southern Maryland Procurement rules and fiscal procedures. The contract will include all such terms and conditions required by these statutes and rules. In the event that the Offeror’s forms (or parts of forms) are included as attachments or exhibits in the final contract, the Offeror agrees that where there are contradictions or inconsistencies, the terms of the contract shall always supersede, manage, and control those of any such attachment or exhibit. Further, the terms of the RFP and of the successful Offeror’s response to the RFP (the “Response”) shall be incorporated into the final contract, with the contract taking precedence over either the RFP or the Response, and the RFP taking precedence over the Response in the event the documents conflict.

While it is CSM’s intent to contract for the full solution even if the implementation will be phased, CSM does reserve the right to implement this project in whole or in part. Also, the contract will state that Maryland law shall govern the contract and that the Offeror must agree to indemnify the College.

8.12. RFP CANCELLATION:

The College reserves the right to cancel this RFP at any time, without penalty.

8.13. RFP RESPONSE/MATERIAL OWNERSHIP:

All material submitted regarding this RFP becomes the property of the College, unless otherwise noted in the RFP.

8.14. INCURRING COSTS:

The College is not liable for any cost incurred prior to issuance of a legally executed contract and/or a purchase order. No property interest, of any nature shall occur until a contract is awarded and signed by all concerned parties.



8.15. NON-DISCRIMINATION:

The Offeror shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

8.16. NEWS RELEASES:

Neither the College, nor the Offeror, shall make news releases pertaining to this RFP prior to execution of the contract without prior written approval.

8.17. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

1. By submission of this proposal each Offeror certifies, and in the case of a joint proposal each party, thereto certifies as to its own organization, that in connection with this procurement:

(a) The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor;

(b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Offeror or to any competitor; and

(c) No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2. Each person signing the response form of this proposal certifies that:

(a) He/she is the person in the Offeror’s organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

(b) He/she is not the person in the Offeror’s organization responsible within that organization for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

3. A proposal will not be considered for award where (1)(a), (1)(c), or (2) above has

been deleted or modified. Where (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the Offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the College’s Director of Purchasing, or designee, determines that such disclosure was not made for the purpose of restricting competition.

8.18. TAXES:

The College of Southern Maryland, as a public institution of higher education of the State of Maryland, is exempt from all federal excise taxes under Chapters 32 and 33 of the Internal



Revenue Code and from all Maryland State and local government sales and use taxes. 8.19. ASSIGNMENT AND DELEGATION:

Neither party to any resulting contract may assign or delegate any portion of the agreement without the prior written consent of the other party.

8.20. AVAILABILITY OF FUNDS:

Financial obligations of the College payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the College.

8.21. INDEPENDENT CONTRACTOR CLAUSE:

Contracts resulting from this RFP must contain the following clause:

"THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE COLLEGE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUIRED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS."

8.22. STANDARD OF CONDUCT:

The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary.

The College may request the successful firm to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons:

(1) Neglect of duty.

(2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by

words or actions or fighting.

(3) Theft, vandalism, immoral conduct or any other criminal action.



(4) Selling, consuming, possessing, or being under the influence of intoxicants, including

alcohol, or illegal substances while on assignment for the College.

CSM reserves the right, at any time up until contract award, to reschedule the installation date, modify the project, or cancel the project in its entirety.

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