Region 16 Education Service Center 5800 Bell Street Amarillo, Texas 79109 Request for Competitive Sealed Proposals RFP #DIA-020-010 Dedicated Internet Access INSTRUCTIONS TO PROPOSERS PROPOSAL MUST BE RECEIVED BEFORE: 2:00 PM CDT Wednesday, February 12, 2020 MAIL or HAND DELIVER: Andrew Pickens Region 16 ESC 5800 Bell Street Amarillo TX 79109 [email protected]Voice 806-677-5040 NOTE: PROPOSAL must be time stamped at Region 16 Education Service Center before the hour and date specified for receipt of proposal. Pursuant to the Provisions of Texas Government Code Title 10 Subtitle D Chapter 2156.121 – 2156.127, proposals will be received until the date and time established for receipt. After receipt, only the names of Proposers will be made public. Prices and other proposal details will be divulged after the award, as allowed. 1 REFER INQUIRIES TO: Andrew Pickens Region 16 ESC 806-677-5040 email:[email protected]
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Region 16 Education Service Center5800 Bell Street
Amarillo, Texas 79109
Request for Competitive Sealed ProposalsRFP #DIA-020-010
Dedicated Internet Access
INSTRUCTIONS TO PROPOSERS
PROPOSAL MUST BE RECEIVED BEFORE:
2:00 PM CDT Wednesday, February 12, 2020
MAIL or HAND DELIVER:
Andrew PickensRegion 16 ESC5800 Bell StreetAmarillo TX [email protected] 806-677-5040
NOTE: PROPOSAL must be time stamped at Region 16 Education Service Center before the hour and date specified for receipt of proposal.
Pursuant to the Provisions of Texas Government Code Title 10 Subtitle D Chapter 2156.121 – 2156.127,
proposals will be received until the date and time established for receipt. After receipt, only the names of
Proposers will be made public. Prices and other proposal details will be divulged after the award, as allowed.
Region 16 Education Service CenterRequest for Competitive Sealed Proposals
Dedicated Internet Access
INSTRUCTIONS TO PROPOSERS
Please submit one (1) original, one (1) copy and one (1) electronic copy in PDF format on a CD or memory stick. Each proposer’s completed Form of Proposal and Questionnaire must be submitted to Andrew Pickens at the address noted above, no later than 2:00 p.m., Wednesday, February 12, 2020, in an opaque envelope, sealed envelope.
No late proposals will be accepted. Proposals received after the deadline will be returned unopened. All timely received proposals will be opened and read at 2:00 PM CDT, February 12, 2020 at Region 16 ESC, 5800 Bell Street, Amarillo, TX. This is not a public opening. Within 30 days following the date of the opening Region 16 ESC staff will evaluate each proposal submitted. Region 16 ESC reserves the right to accept or reject any and all proposals and waive any formalities.
Prospective vendors and/or their agents shall undertake no activity, action, or contact to promote or advertise their responses to the Region 16 ESC Board of Directors or any Region 16 ESC employee. Violation of this provision will be grounds for disqualification of the proposer.
For purposes of this RFP and the resultant Agreement, Region 16 ESC is represented by the following individuals. Questions arising during the RFP process should be directed in writing to these individuals:
Questions regarding Proposal Conditions or specifications:
The representatives from Region 16 ESC will return answers/ clarifications to all inquiries. Those inquiries and answers pertinent to all proposers will be copied to all.
The evaluation criteria specified herein will be used to determine which of the proposals provide the best quality for Region 16 ESC at the most economical cost. Region 16 ESC reserves the right to request post-proposal modifications, including best and final offers. Region 16 ESC reserves the right to accept or reject any or all proposals, to waive all technicalities, and to accept the proposal(s) that is determined to be the most favorable to Region 16 ESC. Recognizing that there are important considerations other than price, Region 16 ESC may not necessarily award to the lowest vendor.
Proposals must be effective for ninety days following deadline for the receipt of proposals.
Vendors should include descriptive and illustrative literature on items proposed for clarity and comparative purposes.
Region 16 Education Service CenterRequest for Competitive Sealed Proposals
Dedicated Internet Access
GENERAL TERMS AND CONDITIONSDISCLOSURESBy signing this proposal, a vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the proposal submitted. VENDOR SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the proposal.
By signing this proposal, the vendor affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other vendors in the award of this proposal.
FUNDING OUT CLAUSE. Any/all contracts exceeding one (1) year will require a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of Region 16 ESC’s current revenue only, provided the contract contains either or both of the following provisions:
1. Retains to Region 16 ESC the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.
2. Is conditioned on a best efforts attempt by Region 16 ESC to obtain and appropriate funds for payment of the contract.
EVALUATION OF PROPOSALS Region 16 ESC will consider the following in evaluating proposals: price, quality, suitability for the intended use, probability of continuous availability, vendor's service and date of proposed delivery and placement.
Pursuant to Section 44.038 of the Texas Education Code, Region 16 ESC may consider the following in determining to whom to award this contract:
1. The purchase price; 50%
2. The reputation of the proposer and of the proposer’s goods or services; 10%
3. The quality of the proposer’s goods or services; 10%
4. The extent to which the goods or services meet Region 16 ESC’s needs; 15%
5. The bidders past relationship with Region 16 ESC; 10%
6. The total long term cost to Region 16 ESC to acquire the proposer’s goods or services; 3%
7. Information submitted by the vendor as a response to this RFP; 2%
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ANTICIPATED SCHEDULE OF EVENTS:
Request for Proposals Released December 12, 2019
Receive and Open Proposals February 12, 2020 @ 2:00 p.m. CDT
Review and evaluate proposals February 12 – March 13, 2020
Recommendation to Region 16 ESC Board of Directors March 27, 2020
Beginning contract date July 1, 2020
Any contract awarded pursuant to this RFP shall be for at least 12 months, commencing on the first day of complete and uninterrupted service following execution of the contract. This contract may be extended beyond 12 months up to 60 months in 12-month increments. This extension may be based solely on Region 16 ESC’s discretion.
In the event of price decreases to the general trade/industry during the contract, such decreases must be passed on to Region 16 ESC for all services included in this contract.
This RFP does not commit Region 16 ESC to award a contract, to pay costs incurred in the preparation of a proposal in response to this request, or to procure or contract for additional services or supplies. Region 16 ESC reserves the right to accept or reject, in part or in its entirety, any or all proposals received as a result of the Request for Proposal, if it is in the best interest of Region 16 ESC to do so.
The vendor must provide requested services in compliance with federal (CIPA), state and local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of this contract which in any manner affect the completion of the service. The vendor shall indemnify and save harmless Region 16 ESC and all its officers, representatives, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor or the vendor.
Each vendor, by returning this RFP, stipulates that he/she has read, understands, and will comply with all provisions of this RFP.
Warranty The vendor must warrant the use of all services and any other item provided by the Vendor in conjunction with this RFP to function: (1) at the level of performance as specified herein, and (2) in accordance with all vendors proposed features and functions. Vendor shall, at his expense, remedy all such defects.
Clarification of RFP Any changes to the RFP specifications or requirements will be issued in writing.
Bidders may be required to clarify their bid, or further explain the functions of the services proposed. Any clarification will be in writing by the bidder and will be considered part of the proposal. Refusal by a bidder to comply with this requirement will be cause for rejection of the bid.
END OF SECTION
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Request for Competitive Sealed ProposalsDedicated Internet Access
PROPOSAL CONDITIONS
PurposeREGION 16 ESC desires a service contract to acquire dedicated access to the Internet. The purpose of this Request for Proposal (RFP) is to provide sufficient information for vendors to prepare and submit bids for evaluation. The words “bidder” and “vendor” are used as synonyms in this RFP.
Scope Region 16 Education Service Center requires a high-speed, dedicated access solution for Internet connectivity. This RFP is the official request for responsible parties to submit their offerings and qualifications to REGION 16 ESC for the purpose of contracting for Internet access services. Prospective bidders will be required to offer connectivity to the existing wide area network utilized by REGION 16 ESC. Failure to provide the requested connectivity solution may result in the disqualification of prospective vendor’s proposal.
Desired Internet AccessREGION 16 ESC is requesting pricing and specifications for the following bandwidth amounts 1,000, 2,000, 3,000 4,000, 5,000, 6,000, 7,000, 8,000, 9,000 and 10,000 Mbps. This will be a dedicated connection to the Internet. Additionally, the bid should illustrate the expandability of this connection. Cost effective Internet access upgrades as well as circuit cost to obtain these upgrades is a high priority in considering competing proposals.
Proposal Requirements Items not requiring a technically unique and specific vendor response may be responded to by
acknowledgment or concurrence. No response to the item will indicate acknowledgment and compliance.
Any statement in this document which has the word “must”, “shall”, or “will” in it means that compliance with the intent of the statement is mandatory, and failure by the vendor to satisfy that intent will be cause for the proposal to be rejected.
For a proposal to be considered, an official authorized to bind the vendor to a resultant contract must have signed the original and all copies of the submitted proposal.
All responses must be in the format as provided in the following Form of Proposal.Any and all discrepancies must be clearly noted on a separate page titled “Discrepancies”
Terms and Conditions Any contract awarded pursuant to this RFP shall be for at least 12 months, commencing on the first
day of complete and uninterrupted service following execution of the contract. This contract may be extended beyond 12 months in increments of 12-month periods up to 60 months. These extensions may be based on vendor’s ability to upgrade services under contract. REGION 16 ESC reserves the right to increase bandwidth requirements at the same or lower pricing levels, without being required
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to extend the contract term or being assessed financial penalties, understanding that additional CPE may need to be purchased in order to increase said bandwidth.
In the event of price decreases to the general trade/industry during the contract, such decreases must be passed on to REGION 16 ESC for all services included in this contract.
This RFP does not commit REGION 16 ESC to award a contract, to pay costs incurred in the preparation of a proposal in response to this request, or to procure or contract for additional services or supplies. REGION 16 ESC reserves the right to accept or reject, in apart or in its entirety, any or all proposals received as a result of the Request for Proposal, if it is in the best interest of REGION 16 ESC to do so.
The vendor must provide requested services in compliance with federal, state and local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of this contract which in any manner affect the completion of the work. The vendor shall indemnify and save harmless REGION 16 ESC and all its officers, representatives, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor or the vendor.
Each vendor, by signing and returning this bid, stipulates that he/she has read, understands, and will comply with all provisions of this RFP.
Expansion and Upgrading The proposal should include a description and pricing of all incremental services included in the proposal that will allow the network to be expanded or upgraded. The selected bidder MUST agree to allow REGION 16 ESC to procure additional bandwidth at any time during the contract period at the stated price in this proposal (or a lower price if available). The term of the contract should not be extended due to service upgrades.
The selected vendor will be required to assume responsibility for all services obtained under contracts resulting from this RFP. REGION 16 ESC will consider the selected vendor to be the sole point of contact regarding payment of any and all charges resulting from contract obligations. It will be the responsibility of the vendor to verify completeness of each order, and its suitability to meet the needs of REGION 16 ESC. The vendor will, after receipt of a valid Purchase Order or Work Order, survey sites requiring network access/services and shall notify REGION 16 ESC, in writing, within three working days of receipt of the Purchase Order or Work Order of any local condition which may materially affect the work to be done or affect the equipment, materials, labor, or services ordered, including requirements for space, power, lighting, and environmental controls. Costs for any equipment, materials, labor, or services necessary for the installation, but not covered in this bid, shall be agreed upon by the vendor and REGION 16 ESC prior to beginning of installation. Defacement of the premises resulting from any installation by the vendor or his agent will be the responsibility of the vendor for replacement or repair unless otherwise agreed to in writing by REGION 16 ESC. Vendor may be assigned the responsibility for coordinating all service required from the local regulated telephone company. Vendor will be responsible for any charges, other than the normal service charges, from the Local Exchange Company for services provided at the request of the vendor. Restoration of service after catastrophic events such as fires, storms, earthquakes, or accidental damage shall be on an around-the-clock basis. (24/7)
The awarded vendor will be the prime contractor in all matters. All sub-contracting must be approved by REGION 16 ESC in writing. Prime contractor assumes all responsibility for sub-contractor and will be the sole interface with said sub-contractor.
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Pricing and Delivery Information:Please provide 1 year, 3 year, and 5 year pricing for the requested services offered. Only net pricing will be considered for purposes of awarding this RFP, please use only end net pricing to REGION 16 ESC. Pricing elements not identified by vendors in their response to this RFP will not be honored by REGION 16 ESC unless they are extraordinary items authorized in writing by REGION 16 ESC prior to installation. Vendor may include local loop charges if appropriate. Please indicate whether local loop is included in the offering of pricing. All pricing shall be firm and fixed for a period of 90 days from the opening of this bid and shall remain firm and fixed for the duration of the contract period unless lowered by vendor.
All submitted pricing must include: all circuits, any cross-connect charges, PVC’s, local loops, and/or any pertinent Internet access fees associated with this RFP, which are required to deliver service to Region 16 Education Service Center, 5800 Bell Street, Amarillo, Texas. With pricing, the bidder must include:
A network diagram of the proposed solution to this RFP. A network diagram depicting Region 16 ESCs route to the Internet drain (include redundant paths if
applicable) The cost of any of the aforementioned telecommunications circuits upgrades, required to achieve
these upgraded bandwidths.
1 Year Pricing
Price per Mb Price per Mb Price per Mb1,000 – 2,000 Mbs 2,000 – 3,000 Mbs 3,000 – 4,000 Mbs
Price per Mb Price per Mb Price per Mb7,000 – 8,000 Mbs 8,000 – 9,000 Mbs 9,000 – 10,000 Mbs
$
Please provide delivery time estimates for the services quoted above. It is the desire of REGION 16 ESC to have services installed at the earliest possible date after the award of bid.
END OF SECTION
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FELONY CONVICTION DISCLOSURESubsection (a) of Section 44.034 of the Texas Education Code states:
“A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”
Subsection (b) of Section 44.034 of the Texas Education Code further states:
“A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”
Please check one of the following:
Offeror is a publicly held corporation. (Advance notice requirement does not apply to a publicly held corporation pursuant to 44.034(c))
Offeror is not owned or operated by anyone who has been convicted of a felony.
Offeror is owned or operated by the following individuals(s) who has/have been convicted of a felony:
Name(s) of individuals convicted of a felony: ___________________________________________________________________________________
General Description of Conduct Resulting in Conviction: ___________________________________________________________________________________
By signing below, I certify that the above information is true, complete, and accurate and that I am authorized by Company to make this certification.
______________________________________ ______________________________ _________________Signature of Authorized Company Official Title Date
_____________________________________Printed Name
DEBARMENTNeither the offeror nor an owner or principal of Offeror has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations.
No, Offeror is not currently debarred, suspended or otherwise ineligible.
Yes, Offeror is currently debarred, suspended or otherwise ineligible.
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FORM 1295 – CERTIFICATE OF INTERESTED PARTIES
Offeror shall comply with all rules and regulations related to submission of a Form 1295 “Certificate of Interested Parties”, if required, to Region 16. Additional information may be located on the Texas Ethics Commission’s website, see https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for more information.
TEXAS RESIDENT INFORMATIONChapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a “resident” offeror is one whose principal place of business is in Texas, including one whose ultimate parent company or majority owner has its principal place of business in Texas. Please answer as follows:
Offeror is a resident.
Offeror is a non-resident.
Offeror’s principal place of business is located in the State of: ______________________
Complete Mailing Address:
City, State, Zip:
VENDOR EMPLOYMENT CERTIFICATIONSection 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor’s ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas.
If neither bidding company nor the ultimate parent company or majority owner has its principal place of business in Texas, does Offeror, ultimate parent company, or majority owner employ at least 500 people in Texas?
MWBE/HUB BUSINESS CERTIFICATIONA proposer that has been certified as a Minority/Women Business Enterprise (also known as a “Historically Underutilized Business” or “HUB” and all referred to in this form as a “MWBE”) is encouraged to indicate its MWBE certification status when responding to this solicitation. Offeror certifies that company has been certified in the following categories: (Please check all that apply)
Minority Owned Business Women Owned Business
My company has NOT been certified as MWBE.
Certificate Number:
Name of Certifying Agency:
Disadvantaged Business Enterprises (DBEs) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.
DEVIATION & COMPLIANCEIf Offeror intends to deviate from the Standard Terms and Conditions, Specifications, or other requirements associated with this solicitation, Offeror must list or reference all such deviations on this form, and provide complete and detailed information regarding the deviations below. Region 16 ESC will consider any deviations in its contract award decision, and reserves the right to accept or reject a bid based upon any submitted deviation.
In the absence of any deviation identified and described in accordance with the above, Offeror asserts that it will fully comply with the Standard Terms and Conditions, Specifications, and all other requirements associated with this solicitation if awarded a contract.
List and fully explain any deviations Offeror is submitting:
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PUBLIC DISCLOSURE LAWSAll Proposals, forms, documentation, or other materials submitted by the Offeror to Region 16 ESC in response to this RFP may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001) or similar disclosure laws. The Offeror must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that the Offeror considers proprietary or confidential. If the Offeror fails to properly identify the information, Region 16 ESC shall have no obligation to seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. The Offeror will be notified of any third party request for information that the Offeror has identified in this form as proprietary or confidential.
Please check one of the following:
_____ NO, I certify that none of the information included with this Proposal is considered proprietary or confidential.
_____ YES, I certify that this Proposal contains information considered proprietary or confidential and all such information is identified below.
Proprietary/Confidential Information (attach additional sheets if needed):
COPYRIGHT INFORMATIONDoes your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information?
_____ NO, Proposal does not contain copyright information.
_____ YES, Proposal does contain copyright information.
If you responded “YES”, please identify the specific documents or pages containing copyright information (attach additional sheets if needed):
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“EDGAR” VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II)
When Region 16 ESC personnel seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (also known as the "Uniform Guidance" or new "EDGAR''). All Vendors submitting Proposals must complete this EDGAR Certification Form regarding the Offeror’s willingness and ability to comply with certain requirements which may be applicable to specific purchases using federal grant funds. This completed form will be made available to Region 16 ESC personnel for their use while considering their purchasing options when using federal grant funds.
For each of the items below, the Offeror should certify the Vendor’s agreement and ability to comply, where applicable, by having the Authorized Company Official check and initial the applicable boxes and sign the acknowledgement at the end of the “EDGAR Vendor Certification” section. If you fail to complete any portion of the following section, Region 16 ESC will consider the Vendor’s response as “NO”, the Vendor is unable or unwilling to comply. A “NO” response to any of the items may, if applicable, impact Region 16 ESC’s ability to purchase from the Vendor using federal funds.
ITEM 1 - VENDOR VIOLATION OR BREACH OF CONTRACT TERMS:Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Provisions regarding Vendor default are included in the Region 16 ESC “Terms of Contract”. Any Contract award will be subject to such “Terms of Contract”, as well as any additional terms and conditions in any Purchase Order or ancillary contract agreed upon by Vendor and Region 16 ESC, which must be consistent with and protect Region 16 ESC at least to the same extent as the “Terms of Contract” located in this RFP.
The remedies under the Contract are in addition to any other remedies that may be available under law or in equity.
By submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
Vendor Certification – Item 1
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
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ITEM 2 – TERMINATION FOR CAUSE OR CONVENIENCE:For any Region 16 ESC purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply:
Region 16 ESC may terminate or cancel any purchase order under this contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this paragraph, Region 16 shall only be required to pay the vendor for goods or services delivered to Region 16 ESC prior to the termination and not otherwise returned in accordance with the Vendor’s return policy. If the service center has paid the Vendor for goods and services not yet provided as of the date of termination the vendor shall immediately refund such payment(s).
If an alternate provision for termination of a Region 16 ESC purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the purchase order or ancillary agreement agreed to by the Vendor, the alternate Region 16 provision shall control.
Vendor Certification – Item 2
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 3 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT:Where applicable, for all contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Vendor Certification – Item 3
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
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ITEM 4 – RIGHT TO INVENTIONS MADE UNDER A CONTRACT OF AGREEMENT:If Region 16 ESC’s Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
Vendor Certification – Item 4
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 5 – CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACTClean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.
Vendor Certification – Item 5
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 6 – DEBARMENT AND SUSPENSION:Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory
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authority other than Executive Order 12549. Vendor further agrees to immediately notify Region 16 ESC if th e Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Vendor Certification – Item 6
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 7 – BYRD ANTI-LOBBYING AMENDMENT:Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
Vendor Certification – Item 7
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 8 – PROCUREMENT OF RECOVERED MATERIALS:For purchases utilizing Federal funds, the Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as Region 16 ESC may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Vendor Certification – Item 8
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_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ ) ITEM 9 – PROFIT AS A SEPARATE ELEMENT OF PRICEFor purchases using federal funds in excess of $150,000, Region 16 ESC may be required to negotiate profit as a separate element of the price. See 2 CFR 200.323(b). When required, the Vendor agrees to provide information and negotiate with Region 16 regarding profit as a separate element of the price for a particular purchase. However, the Vendor agrees that the total price, including profit, charged by Vendor to Region 16 ESC shall not exceed the awarded pricing, including any applicable discount, under the Vendor's Contract with Region 16 Education Service Center.
Vendor Certification – Item 9
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 10 – GENERAL COMPLIANCE AND COOPERATION WITH REGION 16 ESCIn addition to the foregoing specific requirements, the Vendor agrees, in accepting any Purchase Order Region 16 ESC, it shall make a good faith effort to work with Region 16 to provide such information and to satisfy such requirements as may apply to a particular purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements.
Vendor Certification – Item 10
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
ITEM 11 – NON-COLLUSION STATEMENTThe Vendor certifies under penalty of perjury that your response is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.
Vendor Certification – Item 11
_____ YES, I agree to the above. (Initial: _____ )
_____ NO, I do NOT agree to the above. (Initial: _____ )
By signing below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein.
__________________________________________ ____________________________________________Company Name Signature of Authorized Company Official
21
___________________________________ ________________________________ __________________Title Printed Name Date
22
ANTITRUST CERTIFICATION STATEMENT – Texas Government Code 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
1. I am duly authorized to execute this contract on my own behalf or on the behalf of the company, corporation, firm, partnership, or individual (Company) listed below;
2. In connection with this bid, neither I nor any representatives of the Company have violated any provision of the Texas Antitrust laws referenced in Texas Business & Commerce Code Chapter 15;
3. In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and
4. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.
Company Name: __________________________________________________________________
SB 9 CONTRACTOR CERTIFICATION: CONTRACTOR EMPLOYEES (AS APPLICABLE)Texas Education Code Chapter 22 requires entities that contract with school districts to obtain criminal history records on covered employees. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors must certify to Region 16 ESC that they have complied and must obtain similar certifications from their subcontractors. The law requires each contractor to obtain the criminal histories of its covered employees. For more information or to set up an account, a contractor should contact the Texas Department of Public Safety's Crime Records Service at 512.424.2474.
Definitions:Covered e mployees: Employees of a contractor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students. Region 16 ESC will be the final arbiter of what constitutes continuing duties and direct contact with students.
Disqualifying criminal h istory: (1) a conviction or other criminal history information designated by Region 16 ESC; (2) a felony or misdemeanor offense that would prevent a person from being employed under Texas Education Code § 22.085(a), that is: if at the time of the offense, the victim was under 18 or was enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense on conviction for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an offense under federal law or the laws of another state that is equivalent to (a) or (b).
On behalf of ___________________________________ (“Contractor”), I, the undersigned authorized signatory for Contractor, certify to Region 16 Education Service Center that: (check one)
_____ None of Contractor 's employees are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees . Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.
Or
_____ Some or all of Contractor 's employees are covered employees. If this box is checked, I further certify that:1. Contractor has obtained all required criminal history record information regarding its
covered employees. None of the covered employees has a disqualifying criminal history.2. If Contractor receives information that a covered employee subsequently has a reported
criminal history, Contractor will immediately remove the covered employee from contract duties and notify Region 16 ESC in writing within 3 business days.
3. Upon request, Contractor will provide Region 16 ESC with the name and any other requested information of covered employees so that Region 16 ESC may obtain criminal history record information on the covered employees.
If Region 16 ESC objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at Region 16 Education Service Center.I also certify to Region 16 ESC on behalf of Contractor that Contractor has obtained certifications from its subcontractors of compliance with Texas Education Code, Chapter 22. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
_________________________________ __________________________________ ________Signature of Authorized Company Official Title Date
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H.B. 89 Verification
The 2017 Texas Legislature enacted House Bill 89 (codified in chapter 2270 of the Texas Government Code). As of September 1, 2017, state law requires written verification by a for-profit company before a local government (city, school district, special district, etc.) may enter into a contract with the company for goods or services: STATEMENT: “I verify that the company named below does not boycott Israel and will not boycott Israel during the term of the above referenced contract.”
Definition: “boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
Company Name: ___________________________________________________________________
The 2017 Texas Legislature enacted Senate Bill 252 (codified in chapter 2252 of the Texas Government Code) relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.
Definitions:
“Foreign Terrorist Organization” means an organization designated as a foreign terrorist organization by the United States Secretary of State as authorized by 8 U.S.C. Section 1189.
“Governmental Contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or public works project or for purchase of supplies, materials or equipment. This term includes a contract to obtain a professional or consulting service subject to Chapter 2254 of the Texas Government Code.
STATEMENT: I hereby certify that ____________________________________ (Company/business name) is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify TexBuy Purchasing Cooperative.
Region 16 Education Service CenterRequest for Competitive Sealed Proposals
Dedicated Internet Access
QUESTIONNAIRE
Please provide the following information in the sequence and format contained herein. This form can be retyped at the proposer’s option. Supplemental materials providing additional information may be attached, but the information requested below is to be provided in this format.
Basic Information:
Name of firm:
Address of principal office:
Phone number and fax number:
Form of Business Organization (e.g., corporation, partnership, joint venture):
Year founded:
Primary individual to contact:
Organization:
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Vendor References:
Outline your experience as an ISP, including years in business, areas of operation, and other pertinent information.
How many years has your organization been in business in its current capacity?
How many years has your organization been in business under its present name?
Under what other or former names has your organization operated?
If your organization is a corporation, answer the following: date of incorporation, state of incorporation, President’s name, Vice-President’s name(s), Secretary’s name, and Treasurer’s name.
If your organization is a partnership, answer the following: date of organization, type of partnership (if applicable), and the names of all general partner(s).
If your organization is individually owned, answer the following: date of organization and name of owner.
If the form of your organization is other than those listed above, describe it and name the appropriate owners, officers, principals, etc.
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Experience:
Please reference three projects of greater or equal scope, which your organization has completed within the last three years.
Has your organization ever failed to complete any work awarded to it?Are there any judgments, claims, arbitration proceedings, or lawsuits pending or outstanding against your organization or its officers or principals?
Has your organization, filed any lawsuit or requested arbitration with regard to telecommunications contracts within the last five years?
Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a contract? (If the answer is yes, please attach details.)
Please provide an overview of the products and technologies that your company currently offers.
Explain your company’s ability to upgrade the services requested by REGION 16 ESC and any future capabilities your company is considering.
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NETWORK:
Please describe your network infrastructure. Please address items such as: peering, redundancy, capacity, backbone connections, components, architecture, security, future upgrade plans, etc.
Does your company own and operate all components of the network described above? REGION 16 ESC desires to utilize a provider that has made infrastructure investments at the local level as well as having a provider that has complete ownership of the POP that REGION 16 ESC’s service originates from?
SERVICE, SUPPORT, AND MONITORING:
Please explain your company’s network monitoring and support environment. Include items such as tools, NOC, staff number, staff experience, escalation procedures, and any other relevant information.
REGION 16 ESC requires 24 x 7 x 365 network monitoring, notification, and support from the chosen provider at no extra charge. Please indicate whether your company can provide this service.
Please include a description of how trouble tickets are handled and how large bandwidth customers are identified within your organization.
Please explain your company’s local presence in terms of the local account team members and local technicians. Please include a list of their names and phone numbers.
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Please include an escalation list.
PROVISIONING:
Explain the provisioning procedure at your company. Please include any relevant services provided by your provisioning department to REGION 16 ESC.
REGION 16 ESC may require secondary DNS as well as the possibility of requiring primary DNS. Please outline your companies’ capability and policy in providing these services as well as any associated charges.
REGION 16 ESC could require the assignment of Internet addressing. Please outline your company’s capability and policy in regard to issuing this addressing.
Describe your company’s ability to assign a continuous block of up to 70 class C’s worth of Internet addressing for the length of any relationship developed as the result of this RFP.
REGION 16 ESC may, now or in the future, require domain name registration services from our service provider. Please explain any charges associated with this service and your company’s ability to provide these services to REGION 16 ESC.
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END OF SECTIONCHECKLIST
(Include with submission)
1 Original, 1 Copy, and 1 Electronic Copy your Proposal
Felony Conviction Disclosure and Debarment
Texas Resident Information and Vendor Employment Certification
MWBE/HUB Certification and Deviation and Compliance
Conflict of Interest Questionnaire (Form CIQ)
Public Disclosure Laws, Copyright Information
“EDGAR” Vendor Certification
Antitrust Certification Statement
SB9 Contractor Certification
HB 89 Verification
SB 252 Certification
Questionnaire -Basic Information
Questionnaire – Vendor References
Questionnaire - Experience
Questionnaire - Network
Questionnaire – Service, Support, and Monitoring
Questionnaire - Provisioning
Execution of Proposal and Signature Page
If you have received an addendum to this bid, please acknowledge receipt by initialing the number of the addendum below. Please call Andrew Pickens at (806) 677-5040 to verify outstanding addenda. Failure to acknowledge outstanding addenda is cause for disqualification.
In compliance with this RFP, and subject to all the conditions herein, the undersigned proposes and agrees to furnish any and all commodities or services at the prices quoted.
The Proposer hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
By executing this proposal, Proposer affirms that he/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal.
The proposer hereby certifies that neither the Proposer nor the firm, corporation, partnership, or institution represented by the Proposer or anyone acting for such firm, corporation, partnership, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq, Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any other person engaged in such line of business. By completing and submitting this proposal, Proposer certifies that if a Texas address shown as the address of the Proposer, Proposer qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 113.8.
The person listed below should have full authority to bind his/her firm in contract.
This proposal consists of pages number (1) through ____________
