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i MnSCU RFP Template-OGC Revised December 9, 2014 Request for Proposal #102690133 Cable TV Services Department of Facilities Management
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i MnSCU RFP Template-OGC Revised December 9, 2014

Request for Proposal

#102690133

Cable TV Services

Department of Facilities Management

ii MnSCU RFP Template-OGC Revised December 9, 2014

Minnesota State University, Mankato

Facilities Purchasing Office

Request for Proposal

Cable TV Services

Return proposals to: Current Date: 5/2/18 Donna Hensel, Coordinator

Minnesota State University, Mankato

358Wiecking Center

415 Malin Street

Mankato, MN 56001

507-389-5016

Email: [email protected]

Name of Vendor Firm:

Firm Contact: Phone:

Address:

Email: Web Address:

Signature of Authorized Agent: Date:

Proposals are being accepted by Minnesota State University, Mankato for Cable TV Services. See

specifications in the RFP following.

Minnesota State University, Mankato shall bear none of the costs incurred by any proposer or potential

proposer in their preparation of the proposal documents or any visits to campus. All such costs are the

responsibility of the proposer.

SUBMISSION

Proposals are to be submitted in a sealed envelope, plainly marked “Proposal No. 102690133 – Cable

TV Services” along with the Company’s name and date and time of the scheduled opening. Minnesota

State University, Mankato, its employees, officers or agents shall not be responsible for any pre-opening

or post-opening of any proposal not properly addressed and identified. Proposals made in pencil or

forwarded using e-mail and the internet will be rejected.

LIABILITY

Company agrees to indemnify and save and hold the University, its agents and employees harmless from

any and all claims or causes of action arising from the performance of this agreement by Company or

RFP Due Date: 5/30/18 06/01/18

RFP Due Time: 2:00 p.m. 12:00 noon CST

RFP Number: 102690133

iii MnSCU RFP Template-OGC Revised December 9, 2014

Company’s agents of employees. This clause shall not be construed to bar any legal remedies Company

may have for the University’s failure to fulfill its obligations pursuant to this agreement.

ACCESSIBILITY: COMPLIANCE WITH AMERICANS

WITH DISABILITIES ACT (ADA)

The Company agrees that in occupying the premises as described herein, it is responsible for complying

with the Americans with Disabilities Act, 42 U.S.C. section 12101, et seq., and any regulations

promulgated pursuant to the Act. The University IS NOT responsible for issues or challenges related to

compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the

ADA.

This document is available in alternative format to individuals with disabilities by calling Donna Hensel

at the Office of Facilities Purchasing 507-389-5016 or 800-627-3529 (TTY).

DISCLAIMER

Issuance of this Request for Proposal in no way commits the University or its faculty or staff to enter into

a contract for services outlined above. The University reserves the right to reject any or all Requests for

Proposal submitted in response.

MINNESOTA DATA PRACTICES ACT

The CONTRACTOR must comply with the Minnesota Government Data Practices Act, Minnesota

Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this contract, and

as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the

CONTRACTOR in accordance with this contract. The civil remedies of Minnesota Statutes Section

13.08, apply to the release of the data referred to in this Article by either the CONTRACTOR or the

STATE. In the event the CONTRACTOR receives a request to release the data referred to in this Article,

the CONTRACTOR must immediately notify the STATE. The STATE will give the CONTRACTOR

instructions concerning the release of the data to the requesting party before the data is released.

1 MnSCU RFP Template-OGC Revised December 9, 2014

MINNESOTA STATE COLLEGES AND UNIVERSITIES

MINNESOTA STATE UNIVERSITY, MANKATO

REQUEST FOR PROPOSAL (RFP) # 102690133

for

CABLE TV SERVICES

SPECIAL NOTE: This Request for Proposal (RFP) does not obligate the Minnesota State Colleges

and Universities (Minnesota State) system, its Board of Trustees or Minnesota State University,

Mankato to award a contract or complete the proposed project and each reserves the right to

cancel this RFP if it is considered to be in its best interest. Proposals must be clear and concise.

Proposals that are difficult to follow or that do not conform to the RFP format or binding

specifications may be rejected. Responding vendors must include the required information called

for in this RFP. Minnesota State reserves the right to reject a proposal if required information is

not provided or is not organized as directed. Minnesota State also reserves the right to change the

evaluation criteria or any other provision in this RFP by posting notice of the change(s) on the

Facilities Purchasing Web Site: http://www.mnsu.edu/fpurchase/. For this RFP, posting on the

captioned web site above constitutes written notification to each vendor. Vendors should check the

site daily and are expected to review information on the site carefully before submitting a final

proposal.

May, 2018

2 MnSCU RFP Template-OGC Revised December 9, 2014

REQUEST FOR PROPOSAL (RFP)

FOR

Cable TV Services

Table of Contents

Section I. General Information ............................................................................................................ 4

Background ................................................................................................................................... 4

Nature of RFP ........................................................................................................................... 4-5

General Selection Criteria ............................................................................................................. 5

Selection Process ........................................................................................................................... 5

Selection and Implementation Timeline ....................................................................................... 5

Contract Term ............................................................................................................................... 6

Parties to the Contract ................................................................................................................... 6

Contract Termination .................................................................................................................... 6

Definitions ..................................................................................................................................... 6

Applicable Law ............................................................................................................................. 6

Contract Assignment ..................................................................................................................... 6

Entire Agreement .......................................................................................................................... 6

Deviations and Exceptions ............................................................................................................ 7

Pre-award Vendors Conference .................................................................................................... 7

Duration of Offer........................................................................................................................... 7

Authorized Signature .................................................................................................................... 7

Proposal Rejection and Waiver of Informalities ........................................................................... 7

Section II. Parties to the RFP ............................................................................................................... 8

Minnesota State University, Mankato ........................................................................................... 8

Section III. Vendor Requirements ....................................................................................................... 8

Current Services Description .................................................................................................. 8-10

Service Locations ........................................................................................................................ 10

Service Availability ..................................................................................................................... 10

Cabling and Equipment ............................................................................................................... 11

Cable TV Service Requirements ........................................................................................... 11-13

University Program Origination and Local Channels ................................................................. 13

University Closed Circuit Cable TV System .............................................................................. 14

Connection to Public Access Channel and Other Carriers .......................................................... 14

Existing Cable TV Connections to Non-Residence Hall Buildings ............................................ 14

Analog/Digital Signal Conversion .............................................................................................. 14

Alternate Forms of TV Signal Distribution ........................................................................... 14-15

Billing .......................................................................................................................................... 15

Minimum Level of Commitment ................................................................................................ 15

Trouble Reporting and Problem Resolution ................................................................................ 15

Scheduled Maintenance Window ................................................................................................ 15

Service Level Agreement ............................................................................................................ 15

Periodic Meetings and Performance Reporting .......................................................................... 16

Other Capabilities........................................................................................................................ 16

Implementation Schedule ............................................................................................................ 16

Client References and Site Visits ................................................................................................ 16

Manufacturer and Subcontractor Relationship ............................................................................ 17

Customer Provided Equipment .................................................................................................. 17

Service Literature ........................................................................................................................ 17

3 MnSCU RFP Template-OGC Revised December 9, 2014

Space and Environment Requirements Information ................................................................... 17

Information Contact .................................................................................................................... 17

Section IV. Response Evaluation ....................................................................................................... 18

Section V. Additional RFP Response and General Contract Requirements ................................. 18

Notice to Vendors and Contractors ....................................................................................... 18-19

Problem Resolution Process ........................................................................................................ 19

Affidavit of Non-Collusion ......................................................................................................... 19

Human Rights Requirements ...................................................................................................... 19

Preference to Targeted Group and Economically Disadvantaged Business and Individuals ...... 19

Veteran-Owned Preference ......................................................................................................... 20

Insurance Requirements ........................................................................................................ 20-22

State Audit ................................................................................................................................... 22

Minnesota Government Data Practices Act ................................................................................ 22

Conflict of Interest ...................................................................................................................... 23

Organizational Conflicts of Interest ............................................................................................ 23

Physical and Data Security .......................................................................................................... 23

Section VI. RFP Response Submission

RFP Response Format ................................................................................................................. 24

Costs ............................................................................................................................................ 24

Table A Information .................................................................................................................... 24

Table B Information .................................................................................................................... 24

Table C Information .................................................................................................................... 25

Payment by the University .......................................................................................................... 25

General Requirements and Instructions to Vendors .............................................................. 25-27

Submission .................................................................................................................................. 27

Submit the Following Forms:

Affidavit of Non-Collusion ............................................................................................... 28

Human Rights Certification Information and Affirmative Action Data Page ............. 29-32

Equal Pay Certificate Form ............................................................................................... 33

Veteran-Owned Preference Form ...................................................................................... 34

OTHER ATTACHMENTS:

Table A (One-time & Annual Recurring Costs)............................................................. 35

Table B (Other Costs) ....................................................................................................... 36

Table C (List of Channels to be included in the Proposed Service) ............................. 37

4 MnSCU RFP Template-OGC Revised December 9, 2014

Section I. General Information

Background

Minnesota State Colleges and Universities is the fifth-largest system of higher education in the United

States. It is comprised of 31 two-year and four-year state colleges and universities with 54 campuses

located in 47 Minnesota communities. The System serves approximately 430,000 students each year. The

Minnesota State Colleges and Universities is an independent state entity that is governed by a 15 member

Board of Trustees. The law creating the system was passed by the Minnesota Legislature in 1991 and

went into effect July 1, 1995. The law merged the state's community colleges, technical colleges and state

universities into one system, other than the University of Minnesota campuses. For more information

about Minnesota State Colleges and Universities, please view its website at www.mnscu.edu.

Minnesota State University, Mankato, a comprehensive university in the Minnesota State Colleges and

Universities (MnSCU) system, is located on a 303 acre campus in Mankato, Minnesota, a community of

approximately 53,000 situated in the Minnesota River Valley of south central Minnesota. The University

offers a full range of undergraduate and a broad selection of graduate programs, and as such, has

statewide responsibilities for the articulation of and providing access to professional programs not

available at other colleges and regional universities. The University also has a major obligation to provide

leadership in applied research important to the economy and quality of life in the state.

Founded in 1868, Minnesota State University, Mankato, has evolved from its beginnings as a normal

school, to become in 1921 Mankato State Teachers College when it was authorized to offer a four-year

curriculum. Because of its increasing commitment to providing more than teacher preparation, the name

was changed to Mankato State College in 1957. The institution continued to grow in size and its

reputation for academic excellence led to university status in 1975. Mankato State University became

Minnesota State University, Mankato, in September 1998, giving further prominence to its growth to an

institution recognized nationally.

The University is under the control and management of the Minnesota State Colleges and Universities

(Minnesota State) Board of Trustees, an agency of the State of Minnesota.

More than 15,000 students, including more than 600 international students from approximately 75

countries, attend Minnesota State University, Mankato. 1,500 faculty and staff, including more than 700

teaching faculty, provide for those student customers.

For additional information on the campus those interested are invited to review the University’s Web site at:

http://www.mnsu.edu/

Nature of RFP

Minnesota State University, Mankato is requesting proposals to provide cable TV services for the

University campus which is located in Mankato, Minnesota. Services will need to be provided mainly in

the campus residence halls (Crawford Residence Community, McElroy Residence Community, Julia

Sears Residence Hall, Margaret Preska Residence Community, and the University Dining Center), as well

as an apartment complex located in close proximity to the campus which is leased by the University

(Stadium Heights Apartments). However, service is also provided to other campus buildings which shall

include, but may not be limited to the following: Centennial Student Union, Myers Field House, Otto

Recreation Center, Taylor Center, and Nelson Hall. In addition, service will need to be provided to areas

of the Verizon Wireless Center located in downtown Mankato that is leased for the MSU hockey

program.

The contract resulting from this RFP will be for a minimum of two (2) years with renewals up to a

maximum of five (5) years.

5 MnSCU RFP Template-OGC Revised December 9, 2014

The initial contract rate will remain in effect for at least the first two (2) years of the contract. Any agreed

upon renewals may include a rate adjustment if agreed to by both parties. The renewal agreements

(including rate adjustments) and any contract addenda must be in writing and signed by representatives of

the University and the contractor. Any price decreases must be passed on to the University immediately.

The awarded vendor shall provide same day service in the case of service disruptions/outages or poor

reception.

Accordingly, Minnesota State University, Mankato shall select the vendor(s) whose proposal(s), and oral

presentation(s) if requested, demonstrate in Minnesota State University, Mankato’s sole opinion, the clear

capability to best fulfill the purposes of this RFP in a cost-effective manner. Minnesota State University,

Mankato reserves the right to accept or reject proposals, in whole or in part, and to negotiate separately as

necessary in order to serve the best interests of Minnesota State University, Mankato. This RFP shall not

obligate Minnesota State University, Mankato to award a contract or complete the proposed project and it

reserves the right to cancel this RFP if it is considered to be in its best interest

General Selection Criteria

RFP proposals will be evaluated on the following criteria

Service plan and support capability (i.e. proximity to campus, location and number of trained

staff);

Cost of service per year;

Qualifications of the vendor and their personnel, experience in providing similar service;

References;

Thoroughness of proposal.

The University reserves the right to add to the evaluation criteria after reviewing the responses.

Selection Process

The selection process includes representatives from Residential Life, IT and Physical Plant. Additional

members may be added. This group will evaluate the proposals and make the final decision.

Selection and Implementation Timeline

Day/Date Timeline Subject

Friday, May 4, 2018 Publish RFP

Friday, May 11, 2018 @ 1:00 p.m. Pre-award meeting in Preska Classroom #126

Friday, May 18, 2018 @ 4:00 p.m. Deadline for Questions submitted on web site

Wednesday, May 23, 2018 by 4:00 p.m. Answers posted on Purchasing web site

Wednesday, May 30, 2018, by 2:00 p.m. CT

Friday, June 1, 2018 by 12:00 noon CST

Deadline for RFP proposal submissions

May 31 – June 4, 2018 Review RFP proposals

Monday, June 4, 2018 Notification to Finalists

June 7 – 14, 2018 Meet with individual responders

Friday, June 15, 2018 Complete selection process

June 29, 2018 Approximate deadline for executing contract

6 MnSCU RFP Template-OGC Revised December 9, 2014

Contract Term

Minnesota State University, Mankato intends to enter into a contract with the successful vendor effective

August 1, 2018. The length of such contract(s) shall be for two (2) years with the option to renew for up

to three (3) years if both parties agree in writing. The decision to renew or not to renew the contract will

be made by February 1 in the appropriate renewal year. If Minnesota State University, Mankato and the

vendor is unable to negotiate and sign a contract by June 22, 2018, then Minnesota State University,

Mankato reserves the right to seek an alternative vendor(s).

Parties to the Contract

Parties to this contract shall be the “State of Minnesota, acting through its Board of Trustees of the

Minnesota State Colleges and Universities on behalf of Minnesota State University, Mankato and the

successful vendor(s).

Contract Termination

The State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and

Universities, may cancel the contract(s) upon 30 days written notice, with or without cause.

Definitions

Wherever and whenever the following words or their pronouns occur in this proposal, they shall have the

meaning given here:

MnSCU: State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and

Universities on behalf of Minnesota State University, Mankato

School: Minnesota State University, Mankato

System Office: The central system office of Minnesota State Colleges and Universities located at Wells

Fargo Place, 30 7th Street East, Suite 350, St. Paul, Minnesota 55101.

Vendor: The firm selected by Minnesota State University, Mankato as the successful responder(s)

responsible to execute the terms of a contract.

Applicable Law

A contract entered into as a result of this RFP shall be governed and interpreted under the laws of the

State of Minnesota.

Contract Assignment

A contract or any part hereof entered into as a result of this RFP shall not be assigned, sublet, or

transferred directly or indirectly without prior written consent of the Assistant Director of

Residential Life for Environment.

Entire Agreement

A written contract and any modifications or addenda thereto, executed in writing by both parties

constitutes the entire agreement of the parties to the contract. All previous communications between the

7 MnSCU RFP Template-OGC Revised December 9, 2014

parties, whether oral or written, with reference to the subject matter of this contract are void and

superseded. The resulting contract may be amended at a future date in writing by mutual agreement of the

parties.

Deviations and Exceptions

Deviations from and exceptions to terms, conditions, specifications or the manner of this RFP shall be

described fully on the vendor's letterhead stationery, signed and attached to the proposal submittal page(s)

where relevant. In the absence of such statement the vendor shall be deemed to have accepted all such

terms, conditions, specifications and the manner of the RFP. A vendor's failure to raise an issue related to

the terms, conditions, specifications or manner of this RFP prior to the proposal submission deadline in

the manner described shall constitute a full and final waiver of that vendor's right to raise the issue later in

any action or proceeding relating to this RFP.

Pre-award Vendors Conference

MnSCU will meet with vendors on Friday, May 11, 2018, @ 1:00 p.m. in the Margaret Preska

Residence Hall, Classroom #126. Contact Richard Wheeler at 507-389-1011 or e-mail

[email protected] to confirm attendance.

Free parking for this meeting will be available in any of the Minnesota State University, Mankato green

parking lots. See the campus map located at this web site for green parking lot locations:

http://www.mnsu.edu/parking/Maps%20(maps.html)/2018-19%20Parking%20Map.pdf

Duration of Offer

All proposal responses must indicate they are valid for a minimum of one hundred eighty (180) calendar

days from the date of the proposal opening unless extended by mutual written agreement between

Minnesota State University, Mankato and the vendor.

Prices and terms of the proposal as stated must be valid for the length of the resulting contract.

Authorized Signature

The proposal must be completed and signed in the firm's name or corporate name of the vendor, and must

be fully and properly executed and signed in blue or black ink by an authorized representative of the

vendor. Proof of authority of the person signing must accompany the response.

Proposal Rejection and Waiver of Informalities

This RFP does not obligate the Minnesota State Colleges and Universities (MnSCU) system, its Board of

Trustees or Minnesota State University, Mankato to award a contract or complete the proposed project

and each reserves the right to cancel this RFP if it is considered to be in its best interest. Minnesota State

University, Mankato also reserves the right to waive minor informalities and, not withstanding anything

to the contrary, reserves the right to:

1. reject any and all proposals received in response to this RFP;

2. select a proposal for contract negotiation other than the one with the lowest cost;

3. negotiate any aspect of the proposal with any vendor;

4. terminate negotiations and select the next most responsive vendor for contract negotiations;

5. terminate negotiations and prepare and release a new RFP;

6. terminate negotiations and take such action as deemed appropriate.

8 MnSCU RFP Template-OGC Revised December 9, 2014

Section II. Parties to the RFP Minnesota State University, Mankato

Section III. Vendor Requirements

3.0 Current Service Description

The University currently uses Charter Communications (Spectrum Business) to provide Cable TV service in

the residence halls and other locations on campus where such service is required. Service is provided to

approximately 1,823 TV outlets in the on-campus residence halls (Crawford Residence Community, Julia

Sears Residence Hall, Margaret Preska Residence Community, and the McElroy Residence Community), a

leased apartment complex close to campus (Stadium Heights), Carkoski Commons, Centennial Student

Union, the Otto Recreation Center, Myers Field House, Taylor Center, Nelson Hall, and Verizon Wireless

Center (spaced leased by MSU hockey).

Of the current 1,823 cable TV jacks 1,770 are located in Residential Life operated locations and 53 are

located elsewhere on campus and University-leased areas.

The cable distribution plant is owned by the University as of August 1, 2018.

The current contract does require that the contractor provide service elsewhere on campus as requested at the

appropriate cost as outlined in the contract. The following describes the current service arrangement:

3.01 The basic cable service line up delivered at this time is:

KTCA PBS (Minneapolis/St. Paul)

WFTC MY (Minneapolis/St. Paul)

WCCO CBS(Minneapolis/St. Paul)

KSTP ABC(St. Paul/Minneapolis)

KAAL ABC (Austin/Albert Lea)

MSU Channel

KMSQ PBS (Austin)

KMSP FOX(Minneapolis/St. Paul)

KEYC CBS (Mankato)

KARE NBC(Minneapolis/St. Paul)

Government Access

Mankato Public Access TV

WGN America

Educational Access

CW Network (Mankato)

KEYC – DT2 FOX (Mankato)

Showtime

HBO

Big Ten Network

MSNBC

Lifetime

TBS

Fox Sports Net North

ESPN

ESPN2

Heroes and Icons

NBC Sports Network

9 MnSCU RFP Template-OGC Revised December 9, 2014

Food Network

TruTV

HGTV – Home & Garden

E! Entertainment

A & E

BET

VH-1

MTV

Comedy Central

AMC

TV Land

SyFy

fx

TNT

USA Network

Paramount

TLC

Discovery Channel

History Channel

Travel Channel

National Geographic

Animal Planet

Cartoon Network

Nickelodeon

Bravo

Disney Channel

Freeform

The Weather Channel

FOX News Channel

CNN

HLN

KAAL 2 – This TV

KARE 2 – Weather Now

KTCA-DT3 – PBS Lifestyles

KTCA-DT4 – PBS MN

Fox Sports 1

Golf Channel

OWN

Oxygen

CMT

Disney XD

CNBC

Teen Nick

Viceland

Investigation Discovery

Velocity

MTV2

Turner Classic Movies GSN

MTVU

NHL Network

10 MnSCU RFP Template-OGC Revised December 9, 2014

MLB Network

NFL Network

ESPN News

ESPN U

Univision

CNN en Espanol

ESPN Deportes

Fox Deportes

POP

ION

History Channel Espanol

Discovery En Espanol

Discovery Familia

Cine Mexicano (Olypusat)

Tr3s

3.02 The cost for basic service is billed to Residential Life monthly for the months of September - May,

with full service available as needed for the entire 12-month calendar year.

3.03 No additional cable TV services are currently offered to residents.

3.05 The current service agreement expires on July 31, 2018.

3.1 Service Locations

The University will require that service be provided to the locations listed in 3.0 above. In addition, it must

be recognized that service may be required elsewhere on campus and that arrangements will need to be made

to provide that service at the same unit cost as provided for at the current locations that will be outlined in the

contract resulting from this RFP process.

Likewise, it is very possible that additional buildings (residence hall and otherwise) will be added during the

term of this contract and that service may be required. In that event, service will be provided by the

contractor. If the installation of any wiring and/or equipment is necessary, the University may have the

contractor install such equipment and/or wiring at an additional cost as agreed to in writing by both parties.

The monthly cost to provide such service will be at the same unit cost as outlined in the contract that will

result from this process.

In addition, it is also possible that there will be areas removed from this contract for various reasons

(including, but not limited to such things as building decommissioning, service is no longer required, building

lease has expired or will not be renewed, etc.) and if that does occur, the monthly cost will be reduced at the

same unit cost as outlined in the contract that will result from this process.

3.2 Service Availability

Service will be required at all contracted locations for the entire year.

It is recognized that most residence hall locations will only be fully occupied between the later part of August

through early or mid-May. However, there will be some summer residents and there may also be service

used by summer conferences and groups occupying the residence halls.

11 MnSCU RFP Template-OGC Revised December 9, 2014

Of the jacks currently in Residential Life operated facilities, about 200-300 are typically used during the non-

regular academic year months.

3.3 Cabling and Equipment

As noted earlier in this RFP, the University will own the cable wiring, material, and equipment that

comprises the cable distribution system at the conclusion of the current contract.

The vendor shall be responsible for providing all other cabling and equipment necessary for signal

distribution in the service areas as outlined in this RFP.

As noted earlier in this RFP, the vendor may be required to provide wiring and equipment necessary to

provide service to any new buildings or facilities at an additional agreed upon cost.

Residents/occupants are responsible to provide the required cable from the cable TV jack to the TV.

Residents/occupants may not be required to have, purchase or lease any additional equipment in order to

receive the basic TV services as outlined in the contract that will result from this RFP process.

3.4 Cable TV Service Requirements – Basic, Premium, Pay-Per-View

Vendors must include in their proposal the following:

a. Basic Service - Vendors must include the channel line-up listed below as part of the basic

package:

KTCA PBS (Minneapolis/St. Paul)

WFTC MY (Minneapolis/St. Paul)

WCCO CBS(Minneapolis/St. Paul)

KSTP ABC(St. Paul/Minneapolis)

KAAL ABC (Austin/Albert Lea)

MSU Channel

KMSQ PBS (Austin)

KMSP FOX(Minneapolis/St. Paul)

KEYC CBS (Mankato)

KARE NBC(Minneapolis/St. Paul)

Government Access

Mankato Public Access TV

WGN America

Educational Access

CW Network (Mankato)

KEYC – DT2 FOX (Mankato)

Big Ten Network

MSNBC

Lifetime

TBS

Fox Sports Net North

ESPN

ESPN2

12 MnSCU RFP Template-OGC Revised December 9, 2014

Heroes and Icons

NBC Sports Network

Food Network

TruTV

HGTV – Home & Garden

E! Entertainment

A & E

BET

VH-1

MTV

Comedy Central

AMC

TV Land

SyFy

fx

TNT

USA Network

Paramount

TLC

Discovery Channel

History Channel

Travel Channel

National Geographic

Animal Planet

Cartoon Network

Nickelodeon

Bravo

Disney Channel

Freeform

The Weather Channel

FOX News Channel

CNN

HLN

KAAL 2 – This TV

Fox Sports 1

Golf Channel

CMT

Disney XD

CNBC

Teen Nick

Viceland

Investigation Discovery

Velocity

MTV2

Turner Classic Movies

GSN

MTVU

NHL Network

MLB Network

NFL Network

13 MnSCU RFP Template-OGC Revised December 9, 2014

ESPN News

ESPN U

Univision

CNN en Espanol

ESPN Deportes

Fox Deportes

POP

ION

History Channel Espanol

Discovery En Espanol

Discovery Familia

Cine Mexicano (Olypusat)

Two premium movie channels (i.e. HBO, Showtime, Cinemax, etc.)

It is also required that the vendor provide the broadcast of MSU hockey games when it is available in the

Mankato community.

Broadcasts of the Minnesota State High School Tournaments must also be made available through the

contract that results from this RFP.

The University is interested in also having KTTC – Rochester in the channel line-up, if possible.

Cable service provided under the contract that will result from this RFP shall also be made available to

students through an app on their mobile devices at no additional cost.

The University is also interested in other channels that may be proposed in RFP responses for

consideration by the University.

b. Premium Channels – Identify premium channels available and the cost for those channels.

c. Pay per View Capability – List whether pay per view programming is provided. Identify

additional components (e.g. converters) needed and the additional cost to make this capability

available.

d. Equipment Available – Identify any equipment that may be available to receive any additional

channels and services and the cost of such equipment.

The vendor shall be responsible for any agreements needed with content providers to deliver

programming to the University.

Vendors must note that, if available, and should a student choose to subscribe to premium channels or use

pay per view capability, or rent any extra equipment, that the subscription and billing agreement will be

directly between the vendor and the student including the installation and responsibility of any equipment.

The University will not be responsible for any charges for these services.

Table C must be completed and included with the RFP response.

3.5 University Program Origination and Local Channels

While the University currently does not originate any programs locally, it may choose to do so. As such,

vendors responding to this RFP should indicate how they could accommodate this requirement. In designing

their service, the vendor should consider accommodating up to three origination points.

14 MnSCU RFP Template-OGC Revised December 9, 2014

In addition to accommodating origination points, the University is requesting that the vendor provide a

minimum of three channels that can use for internal programming.

3.6 University Closed Circuit Cable TV System

The cable system and service solution proposed must allow any of the University originated programs to be

transmitted to all of the University internal video system connections including residence hall complexes

without the program being transmitted to outside the University system. Any equipment needed to

accommodate this closed circuit arrangement should be included.

The University may originate these programs live from any of the originating points on campus or deliver a

pre-recorded program to the vendor for broadcast.

3.7 Connection to Public Access Channel and Other Carriers

Vendors must be able to transmit any of the University originated programs on public access channels if

requested by the University. Additionally, vendors must agree to route signals to any and all carriers

requesting University programming provided they have obtained appropriate approval from the University.

3.8 Existing Cable TV Connections to Non-Residence Hall Buildings

At present Charter Communications provides cable television service in buildings other than those operated

by the Department of Residential Life. Those buildings currently served are noted elsewhere in this RFP.

Vendors responding to this RFP shall continue to provide this connection and others as requested by the

University. It is expected that the contractor will include the cost for these outlets at the same per jack rate

as the residence halls.

Also, cable TV service is provided to several off campus facilities leased by the University. Vendors

responding to this RFP shall continue to provide this connection and others as requested by the University.

It is expected that the contractor will include the cost for these outlets at the same per jack rate as the

residence halls.

Likewise, should the University construct new facilities or lease additional facilities, vendors responding to

this RFP shall provide this service as requested by the University. It is expected that the contractor will

include the cost for these outlets at the same per jack rate as the residence halls.

3.9 Analog/Digital Signal Conversion

The University recognizes that the FCC requires that television broadcast signal be digital, but also

recognizes that not every user will have a digital TV. Vendors responding to this RFP must indicate how they

propose to deliver cable service to users with analog sets.

It is desirable that vendors look for ways to convert the digital signals that minimizes converters. Examples

include deploying converters at aggregation points that can serve multiple analog sets.

3.10 Alternate Forms of TV Signal Distribution

The University is open to alternate forms of delivery other than use of HFC cable from video head end.

Examples include satellite or IP based delivery. Vendors choosing to propose these alternate forms of

delivery must:

15 MnSCU RFP Template-OGC Revised December 9, 2014

a. Be authorized by law and regulatory authorities to provide these services.

b. Be able to meet the mandatory requirements of this RFP

c. Be able to demonstrate that the quality of the service is equal or better than that delivered by

the existing HFC environment.

Vendors proposing IP-based TV should note that the current internet service is delivered by Charter

Communications under a separate agreement. While the Ethernet equipment and the cabling infrastructure is

owned by the University, it is managed and supported by Charter Communications.

Vendors proposing IPTV should describe what is needed to deliver IPTV signal and how they propose to

integrate and support it in within the current infrastructure framework.

3.11 Billing

Vendors shall provide a single bill for all campus services to the Department of Residential Life for payment.

The bill shall be for basic service only. Vendors should indicate whether they prefer to bill the annual amount

over nine months or twelve months. The University is open to either arrangement.

3.12 Minimum Level of Commitment

Vendors are asked to provide service cost for 1,300 and 1,700 cable TV outlets. They should provide a per

TV outlet cost (addition or deduct) if the number of outlets differs from the 1,300 or 1,700 outlets. Vendors

should identify the minimum number of TV outlets the University must commit service for their price to

remain valid. It is desirable that the vendor propose a percentage range for which their price would remain

valid beyond which addition or deduction would apply.

3.13 Trouble Reporting and Problem Resolution

Vendors must provide the following in order to manage poor reception issues and service outages:

A. Provide a telephone number for reporting problems 24 hours x 7 days.

B. Respond within one hour with an update on problem resolution.

C. If on-site presence is required to resolve problems, vendors must be on-site within fours hours

from the time the trouble is reported.

D. For emergency service the vendor must be able to have personnel on-site in less than 2 hours if

service restoration requires on-site presence. The University will determine what constitutes

emergency service.

3.14 Scheduled Maintenance Window

Vendors should identify the window for any scheduled maintenance. The University desires that scheduled

maintenance window be between 4 am and 7 am.

When scheduled maintenance is required, the vendor shall give the University at least 48 hour prior notice.

3.15 Service Level Agreement

Vendors must include as part of their response a copy of their service level agreement and clearly identify

how they address the service requirements identified in the RFP.

16 MnSCU RFP Template-OGC Revised December 9, 2014

3.16 Periodic Meetings and Performance Reporting

The University requires that the vendor meet periodically (monthly is desired, but no less than quarterly)

to review performance for the past period, system usage, any outstanding problems and steps being taken

to resolve outstanding issues. Vendors are asked to respond with:

A. The type of information or reports that they could bring to the meeting (e.g. # of trouble

reported, average time to resolve, etc.)

B. Access – how are the reports made available to the University – paper or electronic?

3.17 Other Capabilities

The University is interested in other value added capabilities that the vendor may be able to provide as part of

Cable TV service. Please do not include provision of internet service as part of Cable TV service. The

University currently has a separate internet service agreement with Charter Communications that does not

expire at this time.

3.18 Implementation Schedule and Project Plan

The University planned implementation is as follows:

a. Contract signed by the end of June 2018.

b. Cable TV service availability August 1, 2018.

Vendors must be willing to meet the planned above dates.

Before implementation can begin, the vendor must provide a schedule of activities for review and approval

by the University’s Project Manager. The schedule must identify major tasks with appropriate start and

completion dates and responsible entity. Any task not specifically stated to be University’s responsibility, will

be considered to be the vendor’s responsibility.

During installation, the vendor shall perform all tests necessary to ensure that the equipment being installed is

ready for cut-over. Vendors must include a sample project plan as part of their response.

The vendor must work with the current contractor and the University on service conversion if the contractor

selected is not the one currently providing service. Any service outage at the time of the conversion must

remain at a minimum and the outage must be agreed to by the University.

3.19 Client References and Site Visits

Vendors must provide a minimum of three client references. Client references must include the following:

A. Name, Organization, Address, Telephone Number, E-Mail Address

B. Service being provided, start date of service.

The University evaluation team will make all reasonable attempts to reach the specified references. In the

event references do not call back, the evaluation process will consider it a no reference.

References should be from an entity similar to that of Minnesota State University, Mankato in terms of size

and scope of service to be provided.

17 MnSCU RFP Template-OGC Revised December 9, 2014

3.20 Manufacturer and Subcontractor Relationship

Vendors must include their relationship (i.e., distributor, branch, partner, etc.) with the manufacturer for all

the components being proposed. Vendors must specify if any portion of the work is to be subcontracted and

the name of the subcontractor must be provided. In any event, the vendor shall remain fully responsible to

the University for performance of all items under the contract.

3.21 Customer Provided Equipment

Vendors must clearly identify any equipment or services that it expects the University to provide to make the

overall system and service operational.

3.22 Service Literature

Vendors must include as part of their response service literature that describes the service that will be

provided.

3.23 Space And Environmental Requirements Information

Vendors must provide space, electrical, and cooling requirements for any equipment it proposes to install on

University premises as part of delivering the service.

3.24 Information Contact

Questions regarding this RFP need to be submitted in writing, and submitted through the

Purchasing web site (http://www.mnsu.edu/fpurchas/) under submit questions. The questions are

linked to the contact person below.

Name: Richard Wheeler

Title: Assistant Director of Residential Life for Environment

Address: 111 Carkoski Commons, Mankato MN 56001

Other persons are not authorized to discuss RFP requirements before the proposal submission

deadline and Minnesota State University, Mankato shall not be bound by and responders may not

rely on information regarding RFP requirements obtained from non-authorized persons.

Questions must include the name of the questioner and his/her telephone number, fax number

and/or e-mail address. Anonymous inquiries will not be answered.

18 MnSCU RFP Template-OGC Revised December 9, 2014

Section IV. Response Evaluation

The following criteria and their identified weight will be used by Minnesota State University, Mankato

to evaluate the responses:

Evaluation Criteria Categories Evaluation

Percentage

1. Service plan and support capability (i.e. proximity to

campus, location and number of trained staff)

35%

2. Cost of Service Per Year 30%

3. Qualifications of the vendor and their personnel,

experience in providing similar service

15%

4. References 10%

5. Thoroughness of Proposal 10%

TOTAL 100%

In some instances, an interview will also be part of the evaluation process.

Minnesota State University, Mankato reserves the right to name a date at which all responding vendors

will be invited to present demonstrations or participate in an interview. Minnesota State University,

Mankato does not agree to reach a decision by any certain date although it is hoped the evaluation and

selection will be completed by the date identified in the Selection and Implementation Timeline above.

A proposal may be rejected if it is determined that a vendor’s ability to work with the existing

infrastructure will be too limited or difficult to manage.

The selection process includes representatives from Residential Life, IT and Physical Plant. Additional

members may be added. This group will evaluate the proposals and make the final decision. The final

decision will be made by the Assistant Director for Environment for the Department of Residential Life.

Responses to this RFP will not be open for public review until the University awards the contract and the

contract is fully executed.

Minnesota State University, Mankato reserves the right to name a date at which all responding vendors

will be invited to present demonstrations or participate in an interview. Minnesota State University,

Mankato does not agree to reach a decision by any certain date although it is hoped the evaluation and

selection will be completed by the date identified in the Selection and Implementation Timeline above.

A proposal may be rejected if it is determined that a vendor’s ability to work with the existing

infrastructure will be too limited or difficult to manage.

Section V. Additional RFP Response and General Contract Requirements

Notice to Vendors and Contractors

As a condition of this contract, CONTRACTOR is required by Minn. Stat. §270C.65 to provide a social

security number, a federal tax identification number or Minnesota tax identification number. This

information may be used in the enforcement of federal and state tax laws. These numbers will be

available to federal and state tax authorities and state personnel involved in approving the contract and the

payment of state obligations. Supplying these numbers could result in action to require CONTRACTOR

19 MnSCU RFP Template-OGC Revised December 9, 2014

to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless

these numbers are provided.

If you are an independent contractor, Minn. Stat. §256.998 requires the state to report your name, address

and social security number to the New Hire Reporting Center of the Minnesota Department of Human

Services unless your contract is for less than two months in duration with gross earnings of less than

$250.00 per month. This information may be used by state or local child support enforcement authorities

in the enforcement of state and federal child support laws.

Problem Resolution Process

A formal problem resolution process will be established in the contract to address issues raised by either

Minnesota State University, Mankato or the vendor.

Affidavit of Non-Collusion

All responding vendors are required to complete the Affidavit of Non-Collusion form and submit it with

the response.

Human Rights Requirements

For all contracts estimated to be in excess of $100,000 all responding vendors are required to complete

the Human Rights Certification Information and Affirmative Action Data Page and submit it with the

response. As required by Minnesota Rule 5000.3600, "It is hereby agreed between the parties that

Minnesota Statutes §363A.36 and Minnesota Rule 5000.3600 are incorporated into any contract between

these parties based upon this specification or any modification of it. Copies of Minnesota Statutes

§363A.36 and Minnesota Rules 5000.3400 - 5000.3600 are available from the Minnesota Bookstore, 660

Olive Street, St. Paul, MN 55155. All responding vendors shall comply with the applicable provisions of

the Minnesota Affirmative Action law, Minnesota Statutes §363.A36. Failure to comply shall be grounds

for rejection.

Equal Pay Certificate

If the Response to this solicitation could be in excess of $500,000, including renewal and extension

options, the Responder must obtain an Equal Pay Certificate from the Minnesota Department of Human

Rights (MDHR) or claim an exemption prior to contract execution. A responder is exempt if it has not

employed more than 40 full-time employees on any single working day in one state during the previous

12 months. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free),

711 or 1-800-627-3529 (MN Relay) or at [email protected].

Preference to Targeted Group and Economically Disadvantaged Business and Individuals

In accordance with Minnesota Rules, part 1230.1810, subpart B and Minnesota Rules, part 1230.1830,

certified Targeted Group Businesses and individuals submitting proposals as prime contractors shall

receive the equivalent of a six percent preference in the evaluation of their proposal, and certified

Economically Disadvantaged Businesses and individuals submitting proposals as prime contractors shall

receive the equivalent of a six percent preference in the evaluation of their proposal. For information

regarding certification, contact the Materials Management Helpline at 651.296.2600, or you may reach

the Helpline by e-mail at [email protected]. For TTY/TDD communications, contact the

Helpline through the Minnesota Relay Services at 1.800.627.3529.

20 MnSCU RFP Template-OGC Revised December 9, 2014

Veteran-Owned Preference

In accordance with Minn. Stat. § 16C.16, subd. 6a, (a) Except when mandated by the federal government

as a condition of receiving federal funds, the commissioner shall award up to a six percent preference, but

no less than the percentage awarded to any other group under this section on state procurement to

certified small businesses that are majority-owned and operated by veterans.

In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of

business of which is in Minnesota, is certified if it has been verified by the United States Department of

Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned

small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part

74.

To receive a preference the veteran-owned small business must meet the statutory requirements above by

the solicitation due date and time.

If you are claiming the veteran-owned preference, attach documentation, sign and return the Veteran-

Owned Preference Form with your response to the solicitation. Only eligible veteran-owned small

businesses that meet the statutory requirements and provide adequate documentation will be given the

preference.

Insurance Requirements

A. The selected vendor will be required to submit an ACCORD Certificate of Insurance to the

Minnesota State University, Mankato's authorized representative prior to execution of the

contract. Each policy must contain a thirty (30) day notice of cancellation, non-renewal or

material change to all named and additional insureds. The insurance policies will be issued by a

company or companies having an “A.M. Best Company” financial strength rating of A-

(Excellent) or better prior to execution of the contract. The selected vendor shall not commence

work under the contract until they have obtained all the insurance described below and MnSCU

has approved evidence of such insurance. Vendor shall maintain such insurance in force and

effect throughout the term of the contract.

B. The selected vendor will be required to maintain and furnish satisfactory evidence of the

following:

1. Workers' Compensation Insurance. The vendor must provide workers’ compensation

insurance for all its employees and, in case any work is subcontracted, the vendor

will require the subcontractor to provide workers’ compensation insurance in

accordance with the statutory requirements of the State of Minnesota, including

Coverage B, Employer’s Liability, at limits not less than $100,000.00 bodily injury

by disease per employee; $500,000.00 bodily injury by disease aggregate; and

$100,000.00 bodily injury by accident.

2. Commercial General Liability. The vendor will be required to maintain a

comprehensive commercial general liability insurance (CGL) policy protecting it

from bodily injury claims and property damage claims which may arise from

operations under the contract whether the operations are by the vendor or by a

subcontractor or by anyone directly or indirectly employed under the contract. The

minimum insurance amounts will be:

$2,000,000.00 per occurrence

$2,000,000.00 annual aggregate

$2,000,000.00 annual aggregate – Products/Completed Operations

21 MnSCU RFP Template-OGC Revised December 9, 2014

In addition, the following coverages must be included:

Premises and Operations Bodily Injury and Property Damage

Personal and Advertising Injury

Products and Completed Operations Liability

Blanket Contractual Liability

Name the following as Additional Insureds:

Board of Trustees of the Minnesota State Colleges and Universities

Minnesota State University, Mankato

3. Commercial Automobile Liability. The vendor will be required to maintain insurance

protecting it from bodily injury claims and property damage claims which may arise

from operations of vehicles under the contract whether such operations were by the

vendor, a subcontractor or by anyone directly or indirectly employed under the

contract. The minimum insurance amounts will be:

$2,000,000.00 per occurrence Combined Single Limit (CSL)

In addition, the following coverages should be included:

Owned, Hired, and Non-owned

Name the following as Additional Insureds:

Board of Trustees of the Minnesota State Colleges and Universities

Minnesota State University, Mankato

4. Errors and Omissions (E & O) Insurance. The vendor will be required to maintain

insurance protecting it from claims the vendor may become legally obligated to pay

resulting from any actual or alleged negligent act, error or omission related to the

vendor’s professional services required under this contract. The minimum insurance

amounts will be:

$2,000,000.00 per occurrence

$2,000,000.00 annual aggregate

Any deductible will be the sole responsibility of the vendor and may not exceed

$50,000 without the written approval of MnSCU. If the vendor desires authority from

MnSCU to have a deductible in a higher amount, the vendor shall so request in

writing, specifying the amount of the desired deductible and providing financial

documentation by submitting the most current audited financial statements so that

MnSCU can ascertain the ability of the vendor to cover the deductible from its own

resources.

The retroactive or prior acts date of such coverage shall not be after the effective date

of this contract and vendor shall maintain such insurance for a period of at least three

(3) years, following completion of the work. If such insurance is discontinued,

extended reporting period coverage must be obtained by vendor to fulfill this

requirement.

Additional Insurance Conditions:

Vendor’s policy(ies) shall be primary insurance to any other valid and collectible

insurance available to MnSCU with respect to any claim arising out of vendor’s

performance under this contract;

22 MnSCU RFP Template-OGC Revised December 9, 2014

If vendor receives a cancellation notice from an insurance carrier affording coverage

herein, vendor agrees to notify MnSCU within five (5) business days with a copy of the

cancellation notice, unless vendor’s policy(ies) contain a provision that coverage afforded

under the policy(ies) will not be cancelled without at least thirty (30) days advance

written notice to MnSCU;

Vendor is responsible for payment of contract related insurance premiums and

deductibles;

If vendor is self-insured, a Certificate of Self-Insurance must be attached;

Vendor’s policy(ies) shall include legal defense fees in addition to its liability policy

limits, with the exception of B.4 above;

Vendor shall obtain insurance policy(ies) from insurance company(ies) having an “AM

BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized

to do business in the State of Minnesota; and

An Umbrella or Excess Liability insurance policy may be used to supplement the

vendor’s policy limits to satisfy the full policy limits required by the contract.

C. Minnesota State University, Mankato reserves the right to immediately terminate the contract if the

vendor is not in compliance with the insurance requirements and retains all rights to pursue any legal

remedies against the vendor. All insurance policies must be available for inspection Minnesota State

University, Mankato and copies of policies must be submitted to Minnesota State University, Mankato 's

authorized representative upon written request.

State Audit

The books, records, documents and accounting practices and procedures of the vendor relevant to the

contract(s) must be available for audit purposes to MnSCU and the Legislative Auditor’s Office for six

(6) years after the termination/expiration of the contract.

Minnesota Government Data Practices Act

The requirements of Minnesota Statutes § 13.05, subd. 11 apply to the contract. The vendor must comply

with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all

data provided by MnSCU, its schools and the System Office in accordance with the contract and as it

applies to all data created, gathered, generated or acquired in accordance with the contract. All materials

submitted in response to this RFP will become property of the State of Minnesota and will become public

record after the evaluation process is completed. Pursuant to the statute, completion of the evaluation

process occurs when MnSCU has completed negotiating the contract with the selected vendor. If the

vendor submits information in response to this RFP that it believes to be trade secret materials as defined

by the Minnesota Government Data Practices Act, the vendor must:

mark clearly all trade secret materials in its response at the time the response is submitted;

include a statement with its response justifying the trade secret designation for each item;

defend any action seeking release of the materials it believes to be trade secret, and indemnify

and hold harmless the State of Minnesota, MnSCU, its agents and employees, from any

judgments or damages awarded against the State or MnSCU in favor of the party requesting the

materials, and any and all costs connected with that defense. This indemnification survives

MnSCU’s award of a contract. In submitting a response to this RFP, the responder agrees this

indemnification survives as long as the trade secret materials are in possession of MnSCU.

MnSCU will not consider the prices submitted by the Responder to be proprietary or trade secret

materials.

23 MnSCU RFP Template-OGC Revised December 9, 2014

Conflict of Interest

The vendor must provide a list of all entities with which it has relationships that create, or appear to

create, a conflict of interest with the work that it is contemplated in this Request for Proposal. The list

should indicate the names of the entity, the relationship, and a discussion of the conflict.

Organizational Conflicts of Interest

The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed,

there are no relevant facts or circumstances that could give rise to organizational conflicts of interest. An

organizational conflict of interest exists when, because of existing or planned activities or because of

relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or

advice, or the vendor’s objectivity in performing the contract work is or might be otherwise impaired, or

the vendor has an unfair competitive advantage. The responder agrees that, if after award, an

organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made

to the respective school’s chief financial officer or the System Office’s Business Manager that must

include a description of the action which the vendor has taken or proposes to take to avoid or mitigate

such conflicts. If an organizational conflict of interest is determined to exist, the school or System Office

may, at its discretion, cancel the contract. In the event the responder was aware of an organizational

conflict of interest prior to the award of the contract and did not disclose the conflict to the contracting

officer, the school or System Office may terminate the contract for default. The provisions of this clause

must be included in all subcontracts for work to be performed similar to the service provided by the prime

contractor, and the terms “contract,” “contractor,” and “contracting officer” modified appropriately to

preserve MnSCU’s rights.

Physical and Data Security

The vendor is required to recognize that on the performance of the contract the vendor will become a

holder of and have access to private data on individuals and nonpublic data as defined in the Minnesota

Government Data Practices Act, Minnesota Statutes Chapter 13; and other applicable laws.

In performance of the contract, the vendor agrees it will comply with all applicable state, federal and local

laws and regulations, including but not limited to the laws under Minnesota Statute Chapters 13 relating

to confidentiality of information received as a result of the contract. The vendor agrees that it, its officers,

employees and agents will be bound by the above confidentiality laws and that it will establish procedures

for safeguarding the information.

The vendor agrees to notify its officers, employees and agents of the requirements of confidentiality and

of the possible penalties imposed by violation of these laws. The vendor agrees that neither it, nor its

officers, employees or agents will disclose or make public any information received by the vendor on

behalf of MnSCU and Minnesota State University, Mankato.

The vendor shall recognize MnSCU’s sole and exclusive right to control the use of this information. The

vendor further agrees it shall make no use of any of the described information, for either internal or

external purposes, other than that which is directly related to the performance of the contract.

The vendor agrees to indemnify and hold harmless the State of Minnesota, MnSCU and Minnesota State

University, Mankato from any and all liabilities and claims resulting from the unauthorized disclosure by

the vendor, its officers, employees or agents of any information required to be held confidential under the

provisions of the contract. The vendor must return all source data to the “Authorized Representative” to

be identified in the contract.

24 MnSCU RFP Template-OGC Revised December 9, 2014

Section VI. RFP Response Submission

1. RFP Response Format

Vendors must include the following in their response:

A. Vendor qualifications as outlined in this RFP document

B. Description of the proposed Service to be provided.

C. Cost information as required in the RFP.

Failure to submit proposals in accordance with the requirements of this RFP will be grounds for rejection.

Vendors must warrant that the proposed design solution meets or exceeds all specifications contained or

referenced herein. Vendors should, in presenting their design proposals, be as thorough and detailed as

possible so that the University may properly evaluate the vendor’s capability to provide the required

services. The vendor must clearly state in the proposal any exceptions to or deviations from the

specifications or terms and conditions. Vendor remains solely responsible for the accuracy of the proposal

as to system performance, material quality, and material quantity. Vendors should clearly indicate any items

to be used in its implementation that is expected to be provided by the University.

2. Costs

Vendors are requested to use Tables A and B to complete their proposal cost. Any assumption in

developing costs should be clearly documented. Vendors should not include any sales tax in their cost.

If there are any fees such as City of Mankato franchise fees and other mandated fees, they must be clearly

identified in the response.

3. Table A: Cable TV Service Cost

One Time Cost: Vendors are requested to provide one-time cost for hardware/software and any

installation activities to establish the service.

Annual Cost: This is the cost to provide service to 1,300 and 1,700 TV outlets. In providing annual cost,

vendors should consider the drop in usage during the summer months and break periods as outlined in this

document.

Billing Horizon: Identify if the annual cost will be spread across 9 or 12 months.

Add/Delete: Provide unit cost to add or delete a TV outlet from the base of 1,300 and 1,700 jacks.

Minimum Commitment: Identify the minimum number of TV outlets that the University must subscribe

for the annual and the unit price to remain valid.

Other Features/Functions: Describe or list cost for other features or functions that is not part of the basic

service (e.g. set-top boxes, premium channels, pay-per-view etc.).

4. Table B: Other Costs

The vendor must list any other costs the University may incur. Cost for any alternate distribution methods

proposed should be included and described in this table.

25 MnSCU RFP Template-OGC Revised December 9, 2014

5. Table C: List of Channels to be Included in the Proposed Services

6. Payment by the University

In the proposal response there must be a statement on how the vendor will invoice the University. The

University has been paying for cable service in nine (9) monthly installments (September – May) for

twelve (12) month service. Other alternatives may be proposed and will be considered by the University.

As a default the University will pay for the service on a monthly basis over nine (9) months with an

invoice from the vendor.

The invoice must be one invoice to the University sent to the Department of Residential Life for all

campus services provided.

All costs associated with the purchase of equipment and any service proposed must be made explicit in

the vendor response. Any costs incurred by the successful vendor in the completion of any award issued

on the basis of this proposal, but not explicitly stated in the vendors response, shall not be payable.

The cost section of the response must not contain any erasures, corrections, or white outs. Failure to comply

will result in the response being rejected.

It is the intent of University to establish a contract for an initial term of two (2) years, with the possibility of

an extension for up to three (3) additional years if agreed to in writing by both parties.

7. General Requirements and Instructions to Vendors

The primary intent of this document is to provide vendors with sufficient information and a point of reference

to propose a solution and associated services that will satisfy the objectives of the University as stated in the

RFP.

Vendors must respond to the all the components as set forth in the RFP. Final determination of what is

procured is dependent on the responses provided by the vendors and other budgetary considerations.

The following must be considered in responding to this RFP.

b. The specifications provided herein are intended to facilitate an understanding of the University’s

needs and are to be considered the minimum requirements. It is the vendor's responsibility to

propose a service plan. Requirements identified as mandatory must be met.

c. The University reserves the right to determine whether a vendor is responsive and has the ability and

resources to locally perform the contract in full and comply with the specifications. Inability to

demonstrate vendor experience with installations and support of equivalent systems will result in

rejection of the proposal.

d. The University reserves the right to request additional information from the vendor to satisfy any

questions that might arise, and the right to reject any or all proposals and/or to issue invitations for

new proposals.

e. The University assumes no responsibility for understanding or representations concerning conditions

made by its officers or employees prior to the execution of a legal contract, unless such

understanding or representations are specifically incorporated into this RFP.

f. Verbal discussions pertaining to modifications or clarifications of this RFP will not be considered

part of the RFP unless confirmed in writing. Any information provided by the vendor verbally will

not be considered as part of that vendor's proposal until written confirmation is received by the

University at the address provided in this RFP.

g. The vendor is required to review this document and to become familiar with the requirements

necessary to make a complete proposal in compliance with local, state, and federal codes and the

26 MnSCU RFP Template-OGC Revised December 9, 2014

RFP specifications. Failure to review the provided information regarding this project will not relieve

the vendor from submitting a complete and fully responsive proposal.

h. Where specific manufacturers, or their components and materials are listed, "equivalents or equals"

will not be considered.

i. The University is not responsible for locating or securing any information that is not identified in the

RFP and reasonably available to them. To ensure that sufficient information is available, the vendor

must furnish as part of the proposal, all descriptive material necessary for the University to determine

whether the response meets the requirement of the RFP and establish exactly what the vendor

proposes to furnish as to supplies, materials, and services.

j. Subcontractors working for the vendor must meet all the requirements of the RFP and any contract

between the vendor and the subcontractor must include all contract terms agreed to between the

University and the successful vendor.

The award shall be made in the best interest of the University. This Request for Proposal is not subject to any

competitive bidding requirements of Minnesota law. The University reserves the right to accept other than the

most financially advantageous proposal. The University reserves the right to accept or reject any and all

proposals, to waive any informality in proposals, and unless otherwise specified in writing by the vendor, to

accept any items in any proposal. The University may require oral presentation of one or more vendors for

the purpose of discussion and negotiation. The award document will be a Contract incorporating, by

reference, all the requirements, terms and conditions of the solicitation and the Contractor’s proposal as

negotiated.

Based on the solutions proposed in response, vendor’s qualifications, and service cost, the University will

select a vendor for contract award. The University reserves the right to reject all proposal responses. The

following will be used as guide in the evaluation process.

A. Vendor Qualification. Vendors responding to the RFP must have the following minimum

qualifications:

The company must have a minimum of five years experience in providing services of the

nature spelled out in this RFP.

The company must be able to respond to emergency requests for service in a reasonable

amount of time as requested by the University.

Vendor must include information that substantiates these qualifications as part of their response to

the RFP.

B. Proposed Solution Against the Requirements of the RFP. Solutions not meeting the mandatory

requirements stated in the RFP will be eliminated from further consideration at this stage in the

review process.

C. Support/Maintenance Capabilities. Vendors will be evaluated for their support and maintenance

capabilities, including the following variables:

Years of experience in providing services requested in the RFP.

Support capability (e.g. proximity to the campus, location and number of staff trained in

service being proposed)

Capability to respond quickly to service requests needing on-site presence.

Ability to contact support personnel directly and quickly outside of regular business

hours.

27 MnSCU RFP Template-OGC Revised December 9, 2014

D. Cost. The initial contract rate will remain in effect for the first two (2) years of the contract.

After the first two years, if the contract is extended, a rate adjustment may be effective if agreed

to by both parties consistent with the language that will follow this RFP. Any price decreases

must be passed on the University immediately.

In developing their cost proposals, vendors must keep the following in mind:

No adjustments will be allowed (including corrections) to the cost proposal after the

public opening of the cost section. Cost proposal must contain no corrections or erasures.

The University reserves the right to waive minor defects in a proposal during the evaluation process if it is

deemed not to have any material effect on the final outcome.

8. Submission

Sealed proposals must be received at the following address not later than 2:00 p.m. CT on Wednesday,

May 30, 2018 not later than 12:00 noon on Friday, June 1, 2018:

Cable TV Services RFP

Institution: Minnesota State University, Mankato

Name: Donna Hensel

Title: Facilities Purchasing Coordinator

Mailing Address: 358 Wiecking Center

415 Malin Street

Mankato, MN 56001

The responder shall submit [5] copies of its RFP response on a compact disc or similar electronic file with

the RFP response in Microsoft Word format. Proposals are to be sealed in mailing envelopes or packages

with the responder’s name and address clearly written on the outside. One copy of the proposal must be

unbound and signed in blue or black ink by an authorized representative of the vendor. Proof of authority

of the person signing must accompany the response.

Proposals received after this date and time will be returned to the responder unopened.

Fax and e-mail responses will not be considered.

Proposals made in pencil will be rejected. Alterations in cost figures used to determine the lowest priced

proposal will be rejected unless initialed in ink by the person responsible for or authorized to make

decisions as to price quoted. The use of “white out” is considered an alteration.

28 MnSCU RFP Template-OGC Revised December 9, 2014

STATE OF MINNESOTA

AFFIDAVIT OF NON-COLLUSION

I swear (or affirm) under the penalty of perjury:

1. That I am the Responder (if the Responder is an individual), a partner in the company (if the

Responder is a partnership), or an officer or employee of the responding corporation having

authority to sign on its behalf (if the Responder is a corporation);

2. That the attached proposal submitted in response to the ________________________ Request for

Proposal has been arrived at by the Responder independently and has been submitted without

collusion with and without any agreement, understanding or planned common course of action

with, any other Responder of materials, supplies, equipment or services described in the Request

for Proposal, designed to limit fair and open competition;

3. That the contents of the proposal have not been communicated by the Responder or its employees

or agents to any person not an employee or agent of the Responder and will not be communicated

to any such persons prior to the official opening of the proposals; and

4. That I am fully informed regarding the accuracy of the statements made in this affidavit.

Responder’s Firm Name: _____________________________________________

Authorized Signature: _______________________________________________

Date: _____________________________________________________________

Subscribed and sworn to me this ________ day of _____________

Notary Public: _________________________________________

My commission expires: _________________________________

29 MnSCU RFP Template-OGC Revised December 9, 2014

NOTICE TO CONTRACTORS

AFFIRMATIVE ACTION

CERTIFICATION OF COMPLIANCE

It is hereby agreed between the parties that MnSCU will require that affirmative action requirements be

met by contractors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to

5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort

shall result in revocation of its certificate or revocation of the contract (Minnesota Statutes §363A.36,

subdivisions 3 and 4).

Under the Minnesota Human Rights Act, §363A.36, businesses or firms entering into a contract over

$100,000 which have more than forty (40) full-time employees within the state of Minnesota on a single

working day during the previous twelve (12) months, or businesses or firms employing more than forty

(40) full-time employees on a single working day during the previous twelve (12) months in a state in

which its primary place of business is domiciled and that primary place of business is outside of the State

of Minnesota but within the United States, must have submitted an affirmative action plan that was

received by the Commissioner of Human Rights for approval prior to the date and time the responses are

due. A contract over $100,000 will not be executed unless the firm or business having more than forty

(40) full-time employees, either within or outside the State of Minnesota, has received a certificate of

compliance signifying it has an affirmative action plan approved by the Commissioner of Human Rights.

The Certificate is valid for four (4) years. For additional information, contact the Department of Human

Rights, Freeman Building, 625 Robert Street North, Saint Paul, MN 55155.

Effective July 1, 2003. The Minnesota Department of Human Rights is authorized to charge a $150.00 fee

for each Certificate of Compliance issued. A business or firm must submit its affirmative action plan

along with a cashier's check or money order in the amount of $150.00 to the Minnesota Department of

Human Rights or you may contact the Department for additional information at the Compliance Services

Unit, Freeman Building, 625 Robert Street North, Saint Paul MN 55155.

30 MnSCU RFP Template-OGC Revised December 9, 2014

State Of Minnesota – Affirmative Action Certification If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are subject to the

Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the due date of the bid or proposal and to obtain Human

Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives

Human Rights certification.

BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any single

working day during the previous 12 months. All other companies proceed to BOX B.

Your response will be rejected unless your business:

has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR)

–or–

has submitted an affirmative action plan to the MDHR, which the Department received prior to the date

the responses are due.

Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any

single working day during the previous 12 months:

We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your

certificate with your response.

We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the

MDHR for approval, which the Department received on __________________ (date). Proceed to BOX C.

We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our

company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota

Department of Human Rights for assistance. (See below for contact information.)

Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative

Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and

approved by the Minnesota Department of Human Rights before a certificate can be issued.

BOX B – For those companies not described in BOX A

Check below.

We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous

12 months. Proceed to BOX C.

BOX C – For all companies

By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on

behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may

apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on

federal projects or contracts. Contractors are alerted to these requirements by the federal government.)

Name of Company: Date_____________________

Authorized Signature: ______________________________ Telephone number: ________________

Printed Name: ____________________________________Title: _____________________________

For assistance with this form, contact:

Minnesota Department of Human Rights, Compliance & Community Relations

Freeman Building, 625 Robert Street North, Saint Paul, MN 55155

Phone: 651-296-5663 Toll Free: 800-657-3704

Fax: 651-296-9042 TTY: 651-296-1283

Web: mn.gov/mdhr; Email: [email protected] Affirmative Action Certification

Page, Revised 6/11 – MDHR

31 MnSCU RFP Template-OGC Revised December 9, 2014

MINNESOTA STATE COLLEGES AND UNIVERSITIES

NOTICE TO VENDORS

AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE

The amended Minnesota Human Rights Act (Minnesota Statutes §363A.36) divides the contract

compliance program into two categories. Both categories apply to any contracts for goods or services in

excess of $100,000.

The first category applies to businesses that have had more than 40 full-time employees within Minnesota

on a single working day during the previous 12 months. The businesses in this category must have

submitted an affirmative action plan to the Commissioner of the Department of Human Rights prior to the

due date and time of the response and must have received a Certificate of Compliance prior to execution

of the contract or agreement.

The secondary category applies to businesses that have had more than 40 full-time employees on a single

working day in the previous 12 months in the state in which its primary place of business is domiciled.

The businesses in this category must certify to MnSCU that it is in compliance with federal affirmative

action requirements before execution of the contract. For further information, contact the Department of

Human Rights, Compliance Services Unit, 625 Robert Street North, Saint Paul MN 55155; Voice: 651-

296-5663; Toll Free: 800-657-3704; TTY: 651-296-1283.

MnSCU is under no obligation to delay the award or the execution of a contract until a vendor has

completed the Human Rights certification process. It is the sole responsibility of the vendor to

apply for and obtain a Human Rights certificate prior to contract execution.

It is hereby agreed between the parties that MnSCU will require affirmative action requirements be met

by vendors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600.

Under the Minnesota Human Rights Act, §363A.36, subdivision 1, no department or agency of the state

shall execute an order in excess of $100,000 with any business within the State of Minnesota having more

than 40 full-time employees in a single working day during the previous 12 months unless the firm or

business has an affirmative action plan for the employment of minority persons, women, and the disabled

that has been approved the Commissioner of Human Rights. Receipt of a Certificate of Compliance

issued by the Commissioner shall signify that a firm or business has an affirmative action plan approved

by the Commissioner.

Failure by the vendor to implement an affirmative action plan or make a good faith effort shall result in

revocation of its certificate or revocation of the order (Minnesota Statutes §363A.36, subdivisions 3 and

4). A certificate is valid for a period of four (4) years.

32 MnSCU RFP Template-OGC Revised December 9, 2014

DISABLED INDIVIDUAL CLAUSE

A. A vendor shall not discriminate against any employee or applicant for employment because of

physical or mental disability in regard to any position for which the employee or applicant for

employment is qualified. The vendor agrees to take disabled individuals without discrimination

based on their physical or mental disability in all employment practices such as the following:

employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination,

rates of pay or other forms of compensation, and selection of training, including apprenticeship.

B. The vendor agrees to comply with the rules and relevant order of the Minnesota Department of

Human Rights issued pursuant to the Minnesota Human Rights Act.

C. In the event of a vendor’s noncompliance with the requirements of this clause, actions for

noncompliance may be taken by the Minnesota Department of Human Rights pursuant to the

Minnesota Human Rights Act.

D. The vendor agrees to post in conspicuous places, available to employees and applicants for

employment, notices in a form to be prescribed by the Commissioner of the Minnesota

Department of Human Rights. Such notices shall state the vendor obligation under the law to take

affirmative action to employ and advance in employment qualified disabled employees and

applicants for employment and the rights of applicants and employees.

E. The vendor shall notify each labor union or representative of workers with which it has a

collective bargaining agreement or other order understanding, that the vendor is bound by the

terms of Minnesota Statutes §363A.36 of the Minnesota Human Rights Act and is committed to

take affirmative action to employ and advance in employment physically and mentally disabled

individuals.

It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rules 5000.3400

to 5000.3600 are incorporated into any order of Minnesota Statutes §363A.36 and Minnesota Rules,

5000.3400 to 5000.3600 are available from Minnesota Bookstore, 660 Olive Street, St. Paul, Minnesota

55155.

By signing this statement the vendor certifies that the information provided is accurate.

NAME OF COMPANY: __________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________

TITLE: _______________________________________________________________

DATE: _______________________________________________________________

Revised 1/22/09

33 MnSCU RFP Template-OGC Revised December 9, 2014

Minnesota Department of Human Rights

ATTN: Contract Compliance

Freeman Building 625 Robert Street North

Saint Paul, MN 55155

(Or Send to - [email protected].)

Equal Pay Certificate Application

We are in compliance with Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963,

the Minnesota Human Rights Act, and the Minnesota Equal Pay Act for Equal Work Law.

The average compensation for female employees is not consistently below the average

compensation for male employees, taking into account mitigating factors, within each of the

major job categories in your EEO-1 report. If you are not required to file an EEO-1 report, taking

into account mitigating factors, the average compensation for female employees is not

consistently below the average compensation for male employees within your organization.

We make hiring, retention and promotion decisions without regard to gender, nor do we limit

employees based on gender to certain job classifications.

We promptly correct wage and benefit disparities.

We evaluate wages and benefits (annually) (two year period) (other, please specify) to ensure

compliance with the above identified laws.

In determining our employee compensation we use: (check below)

____ Market pricing approach

____ State prevailing wage or union contract requirements

____ Performance pay system

____ An internal analysis

____ Other method (please specify) ___________________________________________

__________________________________________________________________________

__________________________________________________________________________

Enclosed is our application fee of $150, made payable to the “Minnesota Department of Human Rights.”

In signing below, I affirm that I am the Board Chairperson or Chief Executive Officer and that the above

information to the best of my understanding is accurate and complete.

Signature Print Name Date

Business Name Business Address

34 MnSCU RFP Template-OGC Revised December 9, 2014

STATE OF MINNESOTA

VETERAN-OWNED PREFERENCE FORM

In accordance with Minn. Stat. §16C.16, subd. 6a, the MnSCU may award up to a 6% preference in the

amount bid on state procurement to certified small businesses that are majority owned and operated by

veterans.

Veteran-Owned Preference Requirements - See Minn. Stat. §16C.19(d):

1. Principal place of business is in Minnesota.

and

2. The United States Department of Veterans Affairs verifies the business as being a veteran-owned

small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74.

Statutory requirements and appropriate documentation must be met by the solicitation response due

date and time to be awarded the veteran-owned preference. The preference applies only to the first

$500,000 of a solicitation response.

Claim the Preference

By signing below I confirm that:

My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. by

making this claim, I verify that:

My company’s principal place of business is in Minnesota; and

The United States Department of Veteran’s Affairs verifies my company as being a veteran-

owned small business. (Supported By Attached Documentation)

Name of Company: ______________________________ Date: ___________________________

Authorized Signature: ____________________________ Telephone: _______________________

Printed Name: __________________________________ Title: ___________________________

Attach documentation, sign, and return this form with your solicitation response to claim the

veteran-owned preference.

35 MnSCU RFP Template-OGC Revised December 9, 2014

Table A - One Time and Annual Recurring Cost for Cable TV Service

Item Cost

2 year term with

the possibility of

a 3 year

extension option

Cost

2 year term with

the possibility 3

annual extension

options

Note

1. One Time Cost to provide

Basic Cable TV Service

To establish service

2. Annual Recurring Cost to

provide Basic Cable TV

Service

1,300 jacks

1,700 jacks

Must include all of the

support cost to the TV outlet

3. Billed over 9 or 12

months?

Monthly cost is annual cost

divided by the number of

months specified.

4. Annual cost to add or

deduct for one TV outlet.

5. Minimum number of TV

outlets required on an

average per month

6. Other features or functions Please describe or list. Use

separate page if needed.

36 MnSCU RFP Template-OGC Revised December 9, 2014

Table B – Other Costs

37 MnSCU RFP Template-OGC Revised December 9, 2014

Table C - List of Channels to be Included in the Proposed Service


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