RFP 16-106 Project Management Services for Fiber Optic Installation

REQUEST FOR PROPOSALS NO. 16-106 “Project Management Services Services for Fiber Optic Installation and Network Operation Services”

PROPOSALS TO BE SUBMITTED BY: October 21, 2016 @ 3:00 p.m. C.D.T.

Brazos Valley Council of Governments

RFP 16-106 INTRODUCTION

TABLE OF CONTENTS

1

Introduction ........................................................................................................................................... 3

2

Definitions, Abbreviations and Acronyms ......................... .......................... .......................... ................ 7

3

Schedule of Events Events ...................... .......................... ......................... .......................... ......................... ..... 9

4

Terms and Conditions Conditions ......................... .......................... ......................... .......................... .................... 11

5

Insurance .............................................................................................................................................. 18

6

Proposal Evaluation ............................................................................................................................. 20

7

Response to RFP.......................... .......................... ......................... .......................... .......................... . 23

8

Scope of Service.................................................................................................................................... 29

9

Attachments ........................ .......................... .......................... ......................... .......................... .......... 37 37

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TABLE OF CONTENTS

1

Introduction ........................................................................................................................................... 3

2

Definitions, Abbreviations and Acronyms ......................... .......................... .......................... ................ 7

3

Schedule of Events Events ...................... .......................... ......................... .......................... ......................... ..... 9

4

Terms and Conditions Conditions ......................... .......................... ......................... .......................... .................... 11

5

Insurance .............................................................................................................................................. 18

6

Proposal Evaluation ............................................................................................................................. 20

7

Response to RFP.......................... .......................... ......................... .......................... .......................... . 23

8

Scope of Service.................................................................................................................................... 29

9

Attachments ........................ .......................... .......................... ......................... .......................... .......... 37 37

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1


INTRODUCTION

1.1 GENERAL PROPOSAL INFORMATION Brazos Valley Council of Governments (BVCOG) is soliciting proposals from experienced and qualified vendors to provide Project Management Services for Fiber Optic Network Installation and Network Operation Services. The project management management firm firm will serve as an extension extension of the BVCOG staff staff for the implementation of a fiber optic system that will span the Brazos Valley Region. See “Scope of Service” Service” section on page 29 page 29 for a detailed information on products and services solicited in the scope of this RFP. The COGNet consortium consortium consists consists of health health care delivery delivery entities, schools, schools, and local governments governments that operate operate in the Brazos Valley Region. The current broadband services needed by these entities are either not available or not cost effective due to the makeup of existing network service providers. BVCOG, herein also referred to as the “Consortium Leader”, is soliciting proposals from qualified vendors with proven expertise and experience to provide Project Management Services for installing a dedicated Fiber Optic services to and from various health care providers from a nine (9) county area to the BVCOG Point-of-Presence (PoP) located at 3991 East 29th Street in Bryan, Texas. Currently there are approximately 17 providers which are Participants of the COGNet Consortium that are eligible to receive r eceive federal universal service funding through the FCC’s Rural Healthcare Program. There are initially 71 sites sites to be connected among these 17 Participants. Participants. It is anticipated that the COGNet consortium will grow to approximately 400 Participants over time. The Fiber Optic Network will provide 1Gb connections with scalable bandwidth to meet the needs of the participants. Vendor is subject subject to all FCC rules and requirements for construction construction of telecommunications telecommunications services using funding funding from the Healthcare Connect Fund. See the “Scope of Service” section Service” section for more information on BVCOG requirements. Refer to http://ww http://www.usac.org/rhc/ w.usac.org/rhc/healthcare-conne healthcare-connect ct for details concerning FCC and USAC rules and regulations on the Healthcare Connect Fund.

1.2 BVCOG B ACKGROUND The Brazos Valley Valley Council of Governments Governments (BVCOG) (BVCOG) is a multi-purpose, multi-purpose, regional regional planning planning commission commission and political subdivision of, by and for local governments in the seven county Brazos Valley Region of Texas. BVCOG serves communities that cover an area of about 5,109 square miles. This area, known and referred to as the Brazos Valley Region, Region, consists of seven counties: counties: Brazos, Burleson, Burleson, Grimes, Grimes, Leon, Madison, Madison, Robertson Robertson and Washington. Washington. Originally designated as the federally recognized Brazos Valley Economic Development District in 1966, the council officially reorganized as the Brazos Valley Development Development Council in 1967 as the result of state legislation. The legislation legislation created 24 statewide planning planning regions regions each comprised comprised of a voluntary voluntary association association of local governments, and each administers a number of social and economic development programs charged with addressing regional issues and opportunities. In 1997, the council’s Board of Directors voted to change the organization’s name to the Brazos Valley Council of Governments. BVCOG uses an on-line electronic bidding system via a contracted service provider BidSync ( www.bidsync.com www.bid sync.com ) to solicit bids and proposals, and receive proposal responses from potential vendors by electronic format for various products products and services. services.

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1.3 POINT OF CONTACT The sole Point of Contact (POC) for purposes of this RFP prior to the award of any contract is: Susan Lightfoot, Program Administrator Purchasing Solutions Alliance 3991 East 29th St. Bryan, Texas 77802 979.595.2801 Ext. 2035 [email protected] Contact with any other BVCOG employee or official is prohibited without prior written consent from the POC of this RFP. Failure to observe this requirement may be grounds for r ejection of the proposal.

1.4 CONTRACT TERM This contract shall become effective from date of acceptance after approval by the BVCOG Board of Directors or designee and upon receipt of a Funding Commitment Letter (FCL) from USAC. Neither Contractor nor BVCOG are bound by the provisions of this Agreement until such FCL is received and approved by the Board of Directors. The contract shall be in effect for two years, with optional annual extensions through the life of the project.

1.5 NOTIFICATION BVCOG uses multiple channels for the notification and dissemination of all RFP’s. Approved methods of dissemination include www.bidsync.com, the Electronic State Business Daily (ESBD), the BVCOG offices, and advertisement in The Eagle newspaper. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your proposal non-compliant. BVCOG accepts no responsibility for the receipt or notifications of solicitations through any other source. The RFP documents may be examined at the BVCOG Office at 3991 East 29th St., Bryan, Texas 77802 or Offerors can access, view and/or download the RFP documents from www.bidsync.com.

1.6 CHANGE ORDERS BVCOG shall have the right to make additions by addenda for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such addenda shall be made in writing and agreed upon by Contractor and BVCOG prior to issuance of any Change Order to the Contract.

1.7 SUBCONTRACTING

No activities or services included as a part of this RFP and/or the contract made pursuant hereto, may be subcontracted to another organization, firm, or individual without the written consent of the BVCOG's Executive Director, and may be subject to cancellation if such consent is not requested. Such intent to subcontract should be clearly identified in the Offeror’s response to this RFP. It is understood that the contractor is held responsible for the satisfactory accomplishment of the service or activities included in a subcontract.

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1.8 CONTRACT TERMINATION

The BVCOG may terminate this Contract at any time upon thirty (30)-calendar days written notice. Upon the Project Manager’s receipt of such notice, the Project Manager shall cease work immediately. The Project Manager shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the Project Manager fails to fulfill its obligations under this Contract, or if the Project Manager violates any of the agreements of this Contract, the BVCOG has the right to terminate this Contract by giving the Project Manager five (5) calendar days written notice. The Project Manager will be compensated for the services satisfactorily performed before the termination date. Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the Vendor’s name from receiving future bids or proposals. No term or condition of this Contract shall be construed to relieve the Project Manager of liability to the BVCOG for damages sustained by the BVCOG because of any breach of contract by the Project Manager. The BVCOG may withhold payments to the Project Manager for the purpose of setoff until the exact amount of damages due the BVCOG from the Project Manager is determined and paid.

1.9 P AYMENT OF INVOICES

The final cost set forth on each invoice shall be equivalent to the cost for each deliverable or service as specified in the Scope of Service. Contractor shall not submit an invoice for any deliverable or service specified in the Scope of Service that BVCOG has not been fully accepted. Contractor should understand that final payment of each monthly invoice may consist of payments both from USAC and from BVCOG. Contracted vendors will bill BVCOG directly for all contracted services. After receipt, BVCOG will either pay invoice or full make a partial payment with the remainder billed to USAC. If USAC is billed, BVCOG will send the vendor a payment in the amount of 35% of the billed amount, and will send USAC and the vendor a USAC invoicing package that certifies the 35% payment was sent and that the bill accurately states the services that COGNet has received. The vendor will then use the USAC “My Service Provider Portal” to certify that the USAC invoicing package is accurate. USAC will send the remaining invoice balance as a disbursement in accordance with the selection made on the vendor’s Form 498. Vendors will be required to incorporate payment term contract language that is consistent with and guarantees the vendor will comply with the requirements of the Healthcare Connect Fund.

1.10 EXCEPTIONS TO THE RFP Vendors may take exception to any section of the RFP. Exceptions should be clearly stated in the vendor’s response to the RFP and will be considered in the evaluation process.

1.11 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) P ARTICIPATION The term “HUB” refers to a historically underutilized business that is a corporation, sole proprietorship, partnership, joint venture, or supplier contract formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities are owned by one or more persons who (1) are socially disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, and have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control; and (2) have a proportionate interest and demonstrate active participation in the control, operation, and management of the business entity’s affairs. Page 5



To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], BVCOG requires all Offerors to supply information in any bid/proposal response listing (1) the total number of subcontracts, and (2) the total number of HUB contracts applicable to the services offered in the response.

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RFP 16-106 DEFINITIONS, A BBREVIATIONS AND A CRONYMS

2 DEFINITIONS, A BBREVIATIONS AND A CRONYMS The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below. Bidder - Any entity that submits a competitive proposal to this RFP. (See “ Offeror ”) BidSync - provides cloud-based, end-to-end procurement and bid notification solutions for the public sector. More than 1,000 government agencies nationwide employ BidSync's e-procurement solutions. BidSync enables its database of more than 800,000 suppliers and vendors to identify, respond to, and potentially win more bid opportunities.

NOTE: BVCOG uses an electronic bidding system offered by BidSync to notify and distribute solicitations (RFP’s/RFB’s/RFQ’s/RFI’s, etc.) to potential Offerors and receive solicitation proposals by electronic format for various products and services, such as those requested in this RFP. All vendors that would like to receive bid or proposal opportunities from BVCOG are highly encouraged to register with BidSync, which is provided at NO COST to the vendor. Remember, as a r egistered user the vendor will also have access to respond to bids electronically. In addition, by registering with BidSync the vendor will have access to bidding opportunities from other public sector agencies, if they choose. Brazos Valley Council of Governments (BVCOG) - A political subdivision of the State of Texas that serves as a vehicle for local governments to cooperatively identify needs, develop responses, implement solutions, eliminate duplication and promote the efficient and accountable use of public resources, and to improve the quality of life. COGNet - A consortium of Participants for the purpose of participating with BVCOG to bring broadband to rural Texas. Contract - Specifically, a contract between BVCOG and a successful Offeror which is executed based on an award made pursuant this RFP. Contractor - Any contracted business entity responsible for fulfilling a contract associated with the project referenced in this RFP. Customer Premises Equipment (CPE) - The term “customer premises equipment” means equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications. Dealer/Distributor - A duly authorized and/or franchised business entity which sells and services a manufacturer’s product in a specified marketing area. FOB Destination - Free on Board (FOB); the vendor pays freight charges to the destination; title to goods passes to buyer at his receiving dock; freight claims must be filed and handled by the seller. FCC - The Federal Communications Commission, an independent executive agency of the federal government. HCF - The Healthcare Connect Fund is a component of the FCC’s Rural Health Care Program. FCC Rules governing the HCF and the RHC Program are located in Title 47 of the Code of Federal Regulations (CFR), Sections 54.600 through 54.679.

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RFP 16-106 DEFINITIONS, A BBREVIATIONS AND A CRONYMS

HCF Order - The Report and Order released by the FCC on December 21, 2012, in WC Docket 02-60 (FCC Order 12-150), adopting FCC rules implementing the HCF and containing additional program procedures and requirements. HCP - A health care provider participant, or potential participant, in the BVCOG network. Although HCPs may be either eligible or ineligible for RHC or HCF support, unless specified otherwise, HCP shall mean an entity eligible for support. Offeror - Any entity that submits a competitive bid or proposal in response to this RFP. (Same as “ Bidder” or “Proposer ” or “Company” or “Firm”.) The Successful Offeror is the Offeror to whom this RFP is awarded. Participant - A member of the COGNet consortium. Proposer - Any entity that submits a competitive proposal in response to this RFP. (See “ Offeror”) Response - All or part of any offering submitted in response to this RFP. Request for Proposals (RFP) - This formal written document requests from vendors and/or service providers a proposal for various goods and services, certain professional services, insurance and high technology items and includes a request for proposed prices and fees. Unlike an invitation for bids, the proposals received in response to a RFP can and will be negotiated with the top ranked firm. Rural Health Care Program (RHC) – The Rural Health Care Program is an FCC program administered by the Universal Services Administrative Company that provides discounts for telecommunications services for eligible health care providers (HCPs). Telecommunications Equipment - The term “telecommunications equipment” means equipment, other than customer premises equipment, used by a carrier or network provider to provide telecommunications services, and includes software integral to such equipment (including upgrades). Telecommunications Service(s) - The term “telecommunications service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. USAC - The Universal Service Administrative Company. USAC is a private, not-for-profit Delaware corporation based in Washington, D.C., that administers the RHC and the HCF at the direction of the FCC. In accordance with FCC Rules, USAC is responsible for processing, approving, and disbursing HCF and RHC funding. Vendor - A manufacturer's representative or dealer authorized to make sales and supply parts and service. Vendor is a generic term applied to individuals and companies alike that provide goods and services.

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RFP 16-106 SCHEDULE OF E VENTS

3 SCHEDULE OF E VENTS Tentative schedule for this RFP is as follows: Release Formal RFP to Vendors ..................................................................................... September 26, 2016 Non-Mandatory Pre-bid Phone Conference ........................................... 2:00 p.m. CDT September 29, 2016 Deadline for Questions ............................................................................... 3:00 p.m. CDT October 14, 2016 Proposal Submission Deadline (Due Date) ................................................ 3:00 p.m. CDT October 21, 2016 Proposals Review/Preliminary Scoring ................................................................... October-November 2016 Negotiations, Best and Final Offers .......................................................................................November 2016 Earliest Anticipated Award of Contract ............................................................... November-December 2016 BVCOG reserves the right to change the dates in the schedule of events above. BVCOG reserves the right to determine that conditions exist which prevents the opening of responses on the date/time advertised, and to reschedule the opening for a future date and time. Responses received by BVCOG by the original deadline will be secured unopened until the rescheduled opening date and time, and those having timely submitted such responses will be notified.

3.1 NON-M ANDATORY PRE-BID PHONE CONFERENCE A Pre-Proposal Phone Conference is scheduled for 2:00 p.m. Thursday September 29, 2016. The Pre-Proposal Conference is not mandatory. Potential Offerors may call (979) 595-2802 to join the conference. Information regarding the project and the RFP will be provided at that time, and vendors may ask questions. General questions will be answered during the phone conference, and technical questions will be accepted and answered at a later date by posting to BidSync.

3.2 PROPOSALS SUBMISSION DEADLINE (DUE D ATE) Proposals for RFP #16-106 will be accepted until 3:00 p.m. C.D.T., October 21, 2016. See section “Requirements for Submitting a Response” on page 23 for more information regarding proposal submission. If a public opening is scheduled, there will be no disclosure of contents to competing firms, and all proposals will be kept confidential throughout the evaluation and contract negotiation process.

3.3 QUESTIONS /CLARIFICATION R EGARDING THE RFP If Offeror is in doubt as to the meaning of any item in this RFP, a written request for clarification may be submitted to BVCOG. All questions shall be addressed to BVCOG in writing and submitted through BVCOG’s electronic bidding system service provider (BidSync) prior to 3:00 p.m. CDT on October 14, 2016. BVCOG shall not be responsible for late delivery. Contact with any other BVCOG employee or official is prohibited without prior written consent from the Pont of Contact (POC) of this RFP. See page 3 for POC information. Failure to observe this requirement may be grounds for rejection of the proposal.

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RFP 16-106 SCHEDULE OF E VENTS

All best efforts have been made to insure that the product/service descriptions and associated specification information are correct, and adequate time has been given to prospective Offerors to point out mistakes. However, if an error remains and is caught by Offeror before the scheduled bid/proposal opening, Offeror shall make note of the required correction in the Response, and shall also notify BVCOG prior to the opening of responses.

3.4 R EVISIONS TO THE RFP Any change or addition to the RFP documents, if made, will be by written Addendum issued duly by BVCOG. A copy of such Addendum will be posted through the electronic bidding system service provider (BidSync) and notification will be sent electronically to those prospective Offerors of record. BVCOG will not be responsible for any other explanation or interpretation of the RFP documents made or given prior to the award of the contract. In the event of a needed change in the published RFP documents, Offerors should understand that all the foregoing terms and conditions and all performance requirements will apply to any published addendum. Offerors are responsible for obtaining all published addenda from BVCOG’s on-line bidding system provider, BidSync. Acknowledgment of the receipt of all addenda to this RFP issued before the proposal due date must accompany the Offeror’s proposal. Failure to acknowledge receipt of amendments does not relieve the Offeror from complying with all terms of any such amendment.

3.5 WITHDRAWAL OR MODIFICATION OF R ESPONSES Once received by BVCOG, responses may be modified or withdrawn prior to the submission deadline only if the request to do so is in writing and on Offeror’s formal letterhead. Responses and requests for modification received after the submission deadline will not be accepted.

3.6 CONTRACT A WARD The successful proposer(s) will be notified by “Notice of Intent to Award” issued by the management of BVCOG.

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RFP 16-106 TERMS AND CONDITIONS

4 TERMS AND CONDITIONS The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the BVCOG, unless otherwise specified elsewhere in this proposal request.

4.1 B ASIC R EQUIREMENTS AND CONDITIONS By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this RFP. It is Offeror’s sole responsibility to thoroughly examine and review all documentation associated with this RFP, including any Addendums, and to insure that any response submitted complies in every respect with all requirements. Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this RFP. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying BVCOG’s requirements, or Offeror's/Contractor's obligations or entitlements. BVCOG shall not be liable for Offeror's incomplete documentation. Additionally, all components of any Response become the property of BVCOG. There is no expressed or implied obligation for BVCOG to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposal, and BVCOG will not reimburse responding firms for these expenses, nor will they pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services. Requests for changes to the requirements or specifications herein must be in writing and must be received by BVCOG no later than the deadline established in the RFP Schedule. BVCOG will review such requests, but may or may not accept changes. Responses which are 'qualified' with conditional clauses, or alterations of or exceptions to any of the terms and conditions in this RFP may be deemed non-compliant at BVCOG’s sole discretion. Changes to this RFP, if any, will be made only by written Addendum and posted to BidSync. In any event, it is the Offeror's sole responsibility to ensure that any and all Addendums which may have been issued have been received and addressed. Offeror is advised that all BVCOG contracts are subject to the legal requirements established in any applicable Local, State or Federal statute. Offeror must be in compliance with all licensing, permitting, registration and other applicable legal or regulatory requirements imposed by this RFP and any pursuant contract with BVCOG having jurisdiction. It is the Offeror’s responsibility to ensure that this requirement is met, and to supply BVCOG upon request, copies of any license, permit or other documentation bearing on such compliance. This RFP is not meant to restrict competition, but rather is intended to facilitate open, fair and unrestricted competition. BVCOG reserves the right to: •

Reject any and all offers received in response to this RFP.

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Brazos Valley Council of Governments • • • • • • • •


Reject any part of an offer received in response to this RFP. Determine the correct price and/or terminology in the event of any discrepancies in any response. Accept a response from, and enter into agreement with, other than the lowest price Offeror. Accept responses and award contracts to as many or as few Offerors as BVCOG may select. Amend, waive, modify, or withdraw (in part or in whole) this RFP, or any requirements herein. Hold discussions with Offerors, although award may be made without discussion. Request an Offeror to give a presentation of the Response at a time and place scheduled by BVCOG. Exercise any of these rights at any time without liability to any Offeror.

4.2 CONFIDENTIAL / PROPRIETARY M ATERIALS BVCOG uses its best efforts to follow the intent of the Texas Public Information Act (the “Act”). If Offerors proposal contains material noted or marked as “confidential” and/or “proprietary”, and that material in BVCOG’s sole opinion meets the disclosure exemption requirements of the Act, then that information will not be disclosed pursuant to a request for public documents. If BVCOG does not consider such material to be exempt from disclosure under the Act, the material will be made available to the public regardless of the notation or markings. If an Offeror is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the Act, then it shall not include such information in the proposal.

4.3 NON-BINDING ORAL COMMENTS No oral comment, utterance or response made by any employee or agent of BVCOG shall be considered factual or binding with regard to this RFP, or any contract awarded as a result of this RFP. Valid and binding terms, conditions, provisions, changes or clarifications, or requests thereof, shall ONLY be communicated in written form.

4.4 R EJECTION OF R ESPONSES BVCOG may reject a response if: • • •

Offeror misstates or conceals any material fact in the Response. Offeror does not strictly conform to law or the requirements of this RFP. Proposals contain false or misleading statements if, in BVCOG’s opinion, the information was intended to mislead regarding a requirement of the RFP.

BVCOG may reject any and all responses, and may reject any part of a response. BVCOG, at its sole discretion, may also waive any formalities or irregularities in any response whenever it is deemed in the best interest of BVCOG or the COGNet Consortium.

4.5 FORCE M AJEURE There may be times either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.

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4.6 NON-COLLUSIVE R ESPONSE The prices in the Response have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or potential competitor. The prices which have been quoted in the Response (unless otherwise required by law), have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response opening, either directly or indirectly, to any other Offeror or competitor. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to submit or not to submit a response for the purpose of restricting competition.

4.7 NON-BIASED SPECIFICATIONS This RFP contains no requirements considered to be unduly biased in favor of Offeror or any other Offerors that may be competing for this procurement.

4.8 INSURANCE COVERAGE Offeror has and will maintain insurance coverage in accordance with the requirements of this RFP, unless otherwise negotiated in the final contract.

4.9 LICENSING & PERMITS Offeror(s) has (have) all licenses and/or permits, required by any and all governmental entities having jurisdiction, to legally sell the products/services offered.

4.10 FELONY CONVICTION NOTIFICATION Offeror represents and warrants that the Offeror’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, the Offeror has fully advised BVCOG as to the facts and circumstances surrounding the conviction.

4.11 NO FINANCIAL INTEREST OR O THER CONFLICT No BVCOG officer, employee, Board of Directors member or member of any BVCOG board or commission, nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract Offeror might enter into with BVCOG. No economic or employment opportunity, gift, loan, gratuity, special discount, trip, favor or service has been, or will be, offered or given to any officer, employee, Board of Directors member, or member of any BVCOG board or commission, nor to any family member of any such person.

4.12 DEBARMENT AND SUSPENSION S TATUS Offeror is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any government agency, nor is Offeror an agent of any person or entity that is currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any government agency. Page 13



Offeror has not within a three (3) year period preceding this RFP been convicted of or had a civil suit judgment rendered against Offeror for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. Offeror is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above. Offeror has not, within a three (3) year period preceding this RFP, had any government (federal, state, or local) transactions terminated for cause or default.

4.13 CONTRACT NEGOTIATIONS This Solicitation will result in the submission of “Proposals” and the evaluation and award process will be as described in the “Proposal Evaluation” section described elsewhere in this RFP. BVCOG reserves the right to negotiate a contract with the selected Offeror(s). Therefore, the BVCOG may, at its sole discretion, enter into negotiations with the highest ranked responsive and responsible Offeror(s) that are considered eligible for award, and to invite “best and final offers” as deemed to be in the best interest of the BVCOG.

4.14 ORDER OF PRECEDENCE AND A WARD OF CONTRACT In the event of conflict between this document and any references or documents cited herein, this document shall take precedence prior to contract award. With authority granted by the BVCOG Board of Directors, a written contract shall be presented to the highest ranked, successful Offeror and shall be subject to acceptance by the successful Offeror within ten (10) calendar days after presentation by BVCOG. If a contract is not executed within ten (10) calendar days, BVCOG may rescind the contract offer and award a contract to the next Offeror in order of rank as determined by BVCOG. The Contract shall consist of the documents identified herein and in order of precedence: 1. The Contract form as agreed upon through contract negotiations prior to award, 2. This RFP including all terms and conditions, any relevant addenda, and 3. Contractor’s Response to the RFP, including but not limited to, prices and options offered and finally negotiated/amended and attached.

4.15 SUBCONTRACTING No activities or services included as a part of this RFP and/or the contract made pursuant hereto, may be subcontracted to another organization, firm, or individual without the written consent of the BVCOG's Executive Director, and may be subject to cancellation if such consent is not requested. Such intent to subcontract should be clearly identified in the Offeror’s response to this RFP. It is understood that the contractor is held responsible for the satisfactory accomplishment of the service or activities included in a subcontract.

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4.16 CHANGE ORDERS BVCOG shall have the right to make additions by addenda for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such addenda shall be made in writing and agreed upon by Contractor and BVCOG prior to issuance of any Change Order to the Contract.

4.17 CONTRACT TERMINATION The BVCOG may terminate this Contract at any time upon thirty (30)-calendar days written notice. Upon the Vendor’s receipt of such notice, the Vendor shall cease work immediately. The Vendor shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the Vendor fails to fulfill its obligations under this Contract, or if the Vendor violates any of the agreements of this Contract, the BVCOG has the right to terminate this Contract by giving the Vendor five (5) calendar days written notice. The Vendor will be compensated for the services satisfactorily performed before the termination date. Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the Vendor’s name for receiving future bids or proposals. No term or condition of this Contract shall be construed to r elieve the Vendor of liability to the BVCOG for damages sustained by BVCOG because of any breach of contract by the Vendor. BVCOG may withhold payments to the Vendor for the purpose of setoff until the exact amount of damages due BVCOG from the Vendor is determined and paid.

4.18 SPECIFIC DESCRIPTIVE R EFERENCES BVCOG is committed to obtaining its products and services at the lowest price possible without compromising quality. Therefore, in order to accomplish this objective/goal, it is not the intention of BVCOG neither to exclude particular vendors or manufacturers nor to create restrictive situations in this RFP. Any vendor’s/manufacturer's names, trade names, brand names, price list numbers, technical data, products, services, etc. used in the RFP and any relevant documents are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal or equivalent to the products and/or services described in the RFP are invited and will be given careful consideration provided the alternate will accomplish the same task.

4.19 GENERAL LIABILITY /INDEMNIFICATION Contractor shall, to the extent permitted by law, defend and hold harmless BVCOG and its respective board members, officers, agents, officials, employees, from any and all claims, costs, expenses, including reasonable attorney fees, actions, causes of action, judgments, and liens arising as a result of Contractor’s negligence, fraud, criminal acts, omissions, willful misconduct or third party intellectual property infringement of the indemnified party under this Contract. Contractor shall notify BVCOG of the threat of lawsuit or of any actual suit filed against Contractor relating to this Contract. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE BVCOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE BVCOG ITS EMPLOYEES.

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4.20 T AXES, LICENSES & PERMITS BVCOG is exempt from Federal Excise, State Sales and Transportation Taxes. Offeror shall not include any such taxes in the Response. It shall be the responsibility of Contractor to determine the applicability of any taxes to a particular order and act accordingly. Exemption certificates will be provided upon request. The Contractor shall also be responsible for obtaining all permits, licenses and bonding, to comply with the rules and regulations of any state, federal, municipal or county laws applicable.

4.21 FRANCHISE T AX The vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

4.22 DRUG FREE WORKPLACE Contractor shall provide notice to its employees and sub-contractors, as required under the Drug-Free Workplace Act of 1988. A copy of Contractor's Drug-Free Workplace policy shall, on request, be furnished to the BVCOG.

4.23 A NTI-DISCRIMINATION The Contractor shall certify that they will conform to the provisions of the Civil Rights Act of 1964, as amended, as well as the Americans with Disabilities Act of 1990 (ADA), as amended and where applicable. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, or any other basis prohibited by state or federal law relating to discrimination in employment. The Contractor, in all solicitations and/or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an equal opportunity employer. The Contractor should not discriminate against a qualified job applicant or employee because of a disability and ensuring that all existing and new facilities provide easy access for people with disabilities.

4.24 COURT JURISDICTION The BVCOG and the successful Vendor will agree that the contract awarded from this RFP shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas. Disputes between Consortium Participants and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify BVCOG of such disputes.

4.25 O WNERSHIP OF DOCUMENTS All proposals, plans, specifications, schematics, content, maps, design, workflow or any other documents, and any work product prepared, created or obtained under this RFP including electronic media, hard copy documents, web based systems, solutions and files shall be delivered to, and shall become the property of the BVCOG. Documents provided by BVCOG may include but are not limited to: building drawings, draft plans, specifications, maps, draft designs, desired workflow or any other documents deemed appropriate. Any such documents will be returned to BVCOG. This paragraph applies to all proposers whether successful or not.

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4.26 LEGAL AND CONTRACTUAL R EMEDIES 4.26.1 Resolution of Protested Solicitations and Awards Procedure: Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction may file a grievance. The grievance may be filed at any phase of the procurement. In order for an above mentioned party to enter the grievance process, a written complaint must be sent to the Executive Director of the BVCOG by certified mail which identifies the following:

1. Name, mailing address and business phone number of the complainant. 2. Appropriate identification of the procurement being questioned. 3. A precise statement of reasons for the protest. 4. Supporting exhibits, evidence or documents to substantiate any claims. The grievance must be based on an alleged violation of State or Federal law (if applicable). Failure to receive a procurement award from BVCOG in and of itself does not constitute a valid grievance. Upon receipt of grievance, the BVCOG Executive Director will initiate the informal resolution process. Resolution: The BVCOG Executive Director or his designee shall contact the complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working days from date of receipt of the complaint. If the allegations are successfully resolved by mutual agreement, documentation will be forwarded to all parties of the resolution with specifics on each point addressed in the original complaint. Appeals: The complainant may appeal the BVCOG Executive Director decision by submitting a written appeal, within five (5) working days. The Executive Director or his designee, upon receipt of a written notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The Executive Director of BVCOG has the option of appointing a Hearing Officer to preside over the hearing. If appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to the Executive Director.

The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will be forwarded to the complainant in writing within thirty (30) working days. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a Court of competent jurisdiction located in Brazos County, Texas.

4.27 BREACH OF CONTRACT / DEFAULT Upon breach or default, BVCOG shall give the Contractor written notice of default. If the default is not remedied, within a reasonable specified time from date of notification, to the satisfaction and approval of BVCOG, default will be declared. Upon breach of contract or default, BVCOG may exercise any and all of its rights afforded by law, including but not limited to those referenced herein.

4.28 SOLICITATIONS OR A WARDS IN V IOLATION OF THE L AW Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by the BVCOG.

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RFP 16-106 INSURANCE

5 INSURANCE Unless otherwise stipulated, Contractor must have the following insurance and coverage minimums and strictly adhere to the following requirements. The policies hereunder, shall contain a waiver of transfer of rights of recovery (BVCOG is to be named as additional insured and a waiver of subrogation) against BVCOG, its agents, representatives, officers, directors, officials, employees and member entities for any claims arising out of Contractor’s work or service.

5.1 COMMERCIAL GENERAL LIABILITY INSURANCE Limit of liability not less than $1,000,000 per occurrence, $2,000,000 annual aggregate. Contractor agrees to maintain Commercial General Liability providing coverage for, but not limited to, Bodily Injury and Property Damage, Premises/Operations, Products/Completed Operations, Independent Contractors. Additional insured endorsement required.

5.2 WORKERS' COMPENSATION INSURANCE & EMPLOYERS' LIABILITY INSURANCE Contractor shall maintain workers compensation insurance for statutory limits and employer’s liability insurance with limits not less than $500,000 each accident and $500,000 by disease. Contractor waives all rights against BVCOG for recovery of damages to the extent these damages are covered by the workers compensation and employer’s liability or umbrella liability insurance obtained by Contractor. Contractor shall provide evidence of this by Waiver of Subrogation in favor of the BVCOG.

5.3 BUSINESS A UTOMOBILE LIABILITY INSURANCE Contractor shall maintain Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Business Auto Liability shall be written on a standard ISO version Business Automobile Liability, or its equivalent, providing coverage for all owned, non-owned and hired automobiles. Contractor waives all rights against the BVCOG for recovery of damages to the extent these damages are covered by the business auto policy or umbrella liability insurance obtained by Contractor or under any auto physical damage coverage. If the Contractor does not own the automobiles and furnishes satisfactory evidence of this, then this requirement may allow the Contractor to agree to maintain only Hired and Non-Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto policy.

5.4 CONTRACTOR ’S INSURANCE TO BE PRIMARY Contractor’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by BVCOG for liability arising out of operations under the contract.

5.5 DEDUCTIBLES , COINSURANCE PENALTIES AND SELF-INSURED R ETENTION Contractor shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, coinsurance penalty, or self-insured retention.

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RFP 16-106 INSURANCE

5.6 R IGHT TO R EVIEW AND A DJUST BVCOG reserves the right to review these requirements and to modify insurance coverage and their limits when deemed necessary and prudent. Furthermore, BVCOG reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition.

5.7 SUBCONTRACTOR ’S INSURANCE Contractor shall agree to cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified, provided the Contractor’s insurance does not afford coverage on behalf of the subcontractor.

5.8 CERTIFICATE OF INSURANCE Contractor shall furnish BVCOG with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance r equirements. The certificate must be from a company with an A.M. Best rating of "A-" or better and/or otherwise acceptable to BVCOG. Certificates must be submitted using the ACORD form and all endorsements must be included with the submittal. The certificate(s) shall contain a provision that coverage under such policies shall not be cancelled or non-renewed until at least thirty (30) days prior written notice, or ten (10) days notice for cancellation due to non-payment of premiums, is given BVCOG.

5.9 C ANCELLATION OF COVERAGE In the event BVCOG is notified that a required insurance coverage will cancel or non-renew during the contract period, the Contractor shall agree to furnish prior to the expiration of such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. BVCOG reserves the right, but not the obligation, to withhold payment to Contractor until coverage is reinstated. If the Contractor fails to maintain the required insurance, BVCOG shall have the right, but not the obligation, to purchase the required insurance at Contractor’s expense. Insurance coverage shall be in effect for the length of any contract made pursuant to this RFP, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.

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RFP 16-106


PROPOSAL E VALUATION

6 PROPOSAL E VALUATION BVCOG reserves the right to waive any or all irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products/services offered, and may accept or reject any proposal in its entirety, or may reject any part of any proposal without affecting the remainder of that proposal, and may award the individual items on this proposal in any combination or in any way to best serve the interests of BVCOG in its sole discretion. It is understood that BVCOG, through its management, may use all means at their collective disposal to evaluate the proposals received based on the stated criteria, and the final decision as to the best overall value, both as to price and to suitability of the products and/or services offered to fit the needs of BVCOG, will rest solely with the Board of Directors of the BVCOG or their designee(s). BVCOG has the right to award to multiple companies supplying comparable products or items, also known as a multiple award schedule, but reserves the right to make a single award to the highest ranked Offeror. By submission of a Response Offeror indicates acceptance of the evaluation technique, and recognizes and accepts that BVCOG may at its sole discretion make subjective judgments during the evaluation process.

6.1 E VALUATION CRITERIA Proposals will be evaluated by BVCOG using the following relevant criteria: EVALUATION CRITERIA

POINTS

Completion of Response (Pass/Fail)

5

Project Analysis, Preparation and Interest

10

Project Management Approach/Methodology Ability to Control Costs (10 points) Ability to Meet Deadlines (10 points) Ability to Communicate Status (10 points) Ability to Mitigate Risk (10 points)

40

Qualifications and Experience of Key Individuals

10

Compensation/Payment Schedule

20

Company Experience and Proven Capability in Public Sector Contracting

5

Adequate Staff Available with Technical Skill

5

Offeror’s Ability to Form Successful Working Relationships

5

TOTAL POSSIBLE POINTS

100 Points

6.2 BEST V ALUE All contracts and purchases shall be handled in a manner to obtain the best value for BVCOG. In determining the best value, the following may be considered: • •

purchase price, including payment discount terms; reputation of the bidder and of the bidder's goods or services;

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Brazos Valley Council of Governments • • • •

• • • • • •

RFP 16-106 PROPOSAL E VALUATION

quality of the bidder's goods or services; extent to which the goods or services meet the needs of BVCOG and the Consortium; bidder's past relationship with BVCOG; impact on the ability of BVCOG to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; the total long-term cost to BVCOG or the Consortium to acquire the bidder's goods or services; availability of repair and maintenance parts; conformity to specifications; financial condition; delivery terms; and any relevant criteria specifically listed in the request for bids or proposals.

6.3 COMPLETION OF R ESPONSE All proposals shall be evaluated to determine the extent to which they comply with the RFP requirements provided herein. If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the solicitation. Immaterial deviations may cause a proposal to be rejected.

6.4 PROJECT A NALYSIS, PREPARATION AND INTEREST Proposal will be evaluated based on a demonstration of thorough understanding of the project. The Offeror’s preparation and interest are apparent in the thoroughness of the technical aspects of the response. While a concise response is appreciated, it should be well organized, researched, and professionally presented in the document.

6.5 PROJECT M ANAGEMENT A PPROACH/METHODOLOGY Project Management Approach is the key aspect in the response. Proposal should demonstrate sound project management principals used in controlling costs, meeting deadlines, communicating status, and mitigating risks.

6.6 QUALIFICATIONS AND EXPERIENCE OF K EY INDIVIDUALS The Proposer shall furnish a personnel staffing plan with sufficient information for judging the quality and competence of the personnel dedicated to the account. In its assessment of the proposal, BVCOG will place considerable emphasis on the commitment by the Proposer to provide qualified personnel for the services being considered. The resumes of key individuals should demonstrate sufficient education, certifications, and experience as it relates to this RFP.

6.7 COMPENSATION /P AYMENT SCHEDULE Proposer is required to submit hourly rates for all types of personnel required to perform the services described in this RFP, as well as any other expenses that are expected. All figures entered on the cost sheet must be clearly legible and the cost sheet should be well organized with costs for all elements clearly stated.

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RFP 16-106 PROPOSAL E VALUATION

6.8 COMPANY EXPERIENCE AND PROVEN C APABILITY IN PUBLIC SECTOR CONTRACTING The SPM should be competent to perform the required professional project management services as indicated by the technical training, education, and experience of the firm’s personnel, especially the technical training, education, and experience of the employees within the firm who would be assigned to perform the services; BVCOG will review previous experience on projects of similar nature, scope and duration, along with evidence of satisfactory completion.

6.9 A DEQUATE S TAFF A VAILABLE WITH TECHNICAL SKILL The SPM should demonstrate the ability of the firm in terms of its workload and the availability of qualified personnel, equipment, and facilities to perform the r equired professional project management services competently and expeditiously;

6.10 OFFEROR ’S A BILITY TO FORM SUCCESSFUL WORKING R ELATIONSHIPS This project requires collaboration among all COGNet Participants, Contractors, BVCOG and network designers. The Project Manager will be the one contact to bring all those together. BVCOG believes that the success of the project relies in part on the ability of the Project Manager to form working, collaborative relationships with all parties involved.

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RFP 16-106 R ESPONSE TO RFP

7 R ESPONSE TO RFP 7.1 R EQUIREMENTS FOR SUBMITTING A R ESPONSE Unless otherwise addressed within the RFP, the following requirements shall apply: Electronic Submission of Response - (Preferred method): Offerors may upload one final and complete electronic proposal on the on-line bidding system that BVCOG utilizes for its bid and proposal solicitations at http://www.bidsync.com. There is NO COST to the Offeror in submitting their proposal in response to this RFP via the on-line electronic bidding system.

-orPaper Submission of Response: In lieu of electronic submission, responses may be submitted in four complete printed sets including one Original and three Copies in separate "hard side" three-ring binders. The outer spine of each binder shall be labeled showing this RFP No., Offeror Name, and either "Original" or "Copy", as applicable. The Original printed response will be considered to be the binding response in case of any conflicts between printed copies submitted with the Offeror’s (paper response) proposal package.

Paper submission of responses shall be enclosed in a SEALED package(s) addressed to BVCOG. The following information shall be clearly stated on the exterior of the package(s): •

Name and address of Offeror.

•

Date and hour of proposal submission deadline (due date).

•

Bid/Proposal RFP number.

•

The statement: "SEALED PROPOSAL, DO NOT OPEN IN MAIL ROOM" . This label shall be of sufficient size to be quickly and easily noticed and affixed to opposing sides of the package(s).

No oral, telegraphic, telephonic, or facsimile bids will be considered or accepted.

7.2 COMPLETE R ESPONSE Offeror’s Response may be deemed non-compliant if any required BVCOG FORMS and documents are not properly completed. Offeror may not modify the format of any BVCOG FORM, but may only fill in information and add lines if needed. In certain cases, the cost proposal form may be modified in accordance with instructions provided for the form. Offeror may photocopy or print blank FORMS as needed. There is no limit on the physical size of the proposal but a complete yet succinct, and unambiguous presentation of the services offered and the fees required is expected. Proposals should provide a clear and straightforward description of services and the firm’s ability to meet requirements. Responses should include any official BVCOG Addenda issued after initial release of this RFP.

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7.3 V ENDOR POINT OF CONTACT During the evaluation process, BVCOG reserves the right, where it may serve the BVCOG’s best interest, to request additional information or clarifications from proposers. Each proposal must designate the person(s) who will be responsible for answering technical and contractual questions. Preliminary negotiations may be conducted with responsible Offeror(s) who submit proposals that are reasonably susceptible of being selected. At the discretion of BVCOG, all Offeror(s) reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to interview with the Selection Committee. Vendors will be ranked and final contract negotiations will begin with the top ranked firm. Should negotiations with the highest ranked firm fail to yield a contract, or if the firm is unable to execute said contract, negotiations will be formally ended and then commence with the second highest ranked firm. Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required information in tabbed sections as detailed below. Vendors must provide the tabs listed below or the response will be rejected. Omission of any required FORM or information will be sufficient grounds for BVCOG to consider your response to be non-compliant.

7.4 R ESPONSE FORMAT

Tab A -

Title and Table of Contents

The proposal should begin with a title page bearing the name and address of the vendor and the name and number of this RFP. A table of contents for the proposal should follow the title page.

Tab B -

Executive Summary

Vendors must condense and highlight the contents of the proposal in a separate section titled “Executive Summary.” The summary must also identify any exceptions the vendor has taken to the requirements of this RFP, the contract or any other attachments. Explain the structure of firm ownership (example – corporation, limited partnership etc.). List the Firm’s total number of in-house, full-time employees, their professional disciplines, local presence, and the number of employees in each discipline. Provide a brief explanation of your firm’s past experience with similar projects. Provide evidence of the firm’s financial stability, responsibility (submit your firm’s most recent audited financial statement). Discuss current and projected workloads for the years 2017, 2018 and 2019 and ability to provide a long-term commitment to the Project. Provide your litigation, mediation, and arbitration history over the last five (5) years.

Tab C -

Project Management Approach and Methodology

Provide a description of how your company will achieve the services described in the Scope of Services. Describe your methodology to provide daily activities for projects as the projects move from concept to completion. Describe your proposed methodology in providing Professional Project Management Services for this Project. Include within the description the following: Project Scope and Cost Control Explain the proposed method and system used by your firm to control the budget as the task progresses thru each phase of the Project. Describe the firm’s ability to control costs and provide accurate and timely invoices through internal control measures; to monitor and stay within budget; to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames.

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Quality Control Provide a brief overview of your firm’s quality assurance plan. Provide an explanation of how that program is implemented. Scheduling Indicate the process your firm would use to contribute to the development and oversight of a project schedule and the process used to control this schedule during the design, construction and close-out phases Documentation Provide an overview of your firm’s document coordination and communication with multiple Consortium Participants and consultants. Describe and provide a sample of your reporting system used to provide monthly progress reports that track the progress of work in relevant areas. Understanding Proposer must include in this section their understanding of the Scope of Services noted herein. Proposer must articulate a thorough understanding of complexities associated with this high-profile project including, but not limited to, coordinating with project partners, managing project, coordinating with regulatory agencies, procuring for professional and construction contracts, etc.

Tab D -

Compensation/Payment Schedule

Proposer is required to submit hourly rates for all types of personnel required to perform the services described in this RFP. Proposer must state if the proposed rate is guaranteed for the term of an agreement (if awarded) or if it is subject to adjustments. If subject to adjustments, Proposer must state the frequency of adjustments and how adjustments are determined. Include description of each expense that is required to complete the service. Any requirements for upfront charges should be clearly stated in all proposals. All applicable taxes and fee estimates should be included as a separate line item for each service or product. Itemize maintenance and on-going supply costs. Please be sure of the accuracy of all numbers prior to submission. A summarized total of all costs must be included in the first page in this tab. Proposals must include any and all federal and state Regulatory Fees or other fees/taxes in your Proposal numbers. In addition, all Proposers must agree to add all taxes and fees – including state or federal universal service fees – to all applicable charges as a separate line item, subject to exemption. All taxes and fees must be included in a pricing breakdown spreadsheet. Failure to properly list all taxes will result in the Proposer paying the difference or a retraction of the award by BVCOG.

Tab E -

Past Experience and References

Describe your experience on projects of similar nature, scope and duration, along with evidence of satisfactory completion, both on time and within budget. Offeror shall list the names of at least three public/government agencies which have purchased from Offeror products or services similar to those covered by this RFP. BVCOG reserves the right to determine if such products or services are appropriately similar. Each reference shall be a public, government or education agency and include the following: ♦ ♦ ♦ ♦ ♦

Agency Name Contact Persons Name Address Phone E-Mail

Other information, including criticism however learned, may be used by BVCOG in evaluation of responses.

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Tab F -


Organizational Chart

Proposer shall include an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Proposal. Included in the organizational chart, please list all subcontracted work to individuals/firms. The purpose of this requirement is to demonstrate range and depth of the vendor’s staff qualifications and resources. It is BVCOG’s preference to have key personnel identified in the Organizational Chart to remain during the term of the agreement. The Proposer shall note concurrence on the restrictions to changes in key personnel. A transition plan shall be presented in this section in the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control or if BVCOG requests such change. After contract execution, the Contractor must request and justify the need for the substitution and obtain approval from the local agency prior to use of a different sub-contractor on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost.

Tab G -

Resumes

The Proposer shall furnish a personnel staffing plan with sufficient information for judging the quality and competence of the personnel dedicated to the account. In its assessment of the proposal, BVCOG will place considerable emphasis on the commitment by the Proposer to provide qualified personnel for the services being considered. The Proposer shall furnish resumes in outline form for the key personnel committed to this account. Proposer shall also include the number and type of additional support personnel who will be providing services. Suggested Resume Format: • • • •

•

•

Name Position Education Show degrees earned and certifications, and the name of the school. Exclude company courses or information that is not relevant to the person’s functional job duties. In chronological order, most recent date first, summarize experience as it relates to the scope of work required for this RFP. Professional Memberships/Registrations If sub-contractors are to be used as part of this proposal, a resume of the sub-contractor and relevant experience is to be included in the same format.

The substitution or addition of individuals shall be allowed only with prior written approval of BVCOG. Describe the qualifications and relevant experience of the Pr oject Manager and all key staff, for both the prime vendor and any subconsultants, intended to be assigned to this program. List all key personnel to be assigned to this project who are Certified Program Management Professional (PMP), Registered Communications Distribution Designer (RCCD), Certified Systems Engineer (MCSE) & Certified Network Engineer (CNE).

Tab H -

Signed Forms

The following forms should be signed and submitted in this tab. They are provided as separate files with the RFP documents in BidSync.

1. Offeror Acknowledgment & Certification 2. Conflict Of Interest Questionnaire 3. Certificate of Interested Parties

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Offeror Acknowledgement and Certification

Offeror is required to fully complete and sign the attached Acknowledgment and Certification form. It must show full firm name and mailing address of Offeror and be manually signed by an authorized sales or quotation representative of the Company. Submission of a signed Acknowledgment and Certification form will be interpreted to mean that the Company has hereby agreed to all terms and conditions set forth in all of the sheets which make up this RFP and to execute the sample contract attached herein. In addition, Offeror, by signing the attached Acknowledgment and Certification form, certifies agreement to the terms and condistion, under penalty of perjury and possible contract termination if any of these certifications are found Acknowledgment to be false. Conflict Of Interest Questionnaire

Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting with BVCOG to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with a BVCOG officer or an officer’s close family member. Officers include: The Honorable Ben Leman, Chair The Honorable Clarence “Butch” McDaniel, 1st Vice Chair The Honorable Charles Ellison, 2nd Vice Chair The Honorable Milton Tate, Jr, Secretary The Honorable Mike Sutherland, Immediate Past Chair

•

•

•

•

•

Certificate of Interested Parties

Pursuant to the Texas Legislature House Bill 1295, Offeror must complete a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed and notarized copy of the form to BVCOG with the RFP response. The Offeror shall also file the form electronically at www.ethics.state.tx.us. Select “File Reports Electronically” on the sidebar, then select “Form 1295 Certificate of Interested Parties Filing.” From this page, view instructional videos and then log in to file the Form 1295. Within 30 days of the effective date of this contract, BVCOG will acknowledge the form of the successful Offeror with the Texas Ethics Commission. Regarding Form 1295, keep the following definitions in mind: “Controlling interest” means (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. “Interested party” means (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. “Intermediary,” for purposes of this rule, means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

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Brazos Valley Council of Governments • •

•

Tab I -


receives compensation from the business entity for the person’s participation; communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and is not an employee of the business entity.

All Addenda

Offerors must include all addenda, signed, acknowledged, and stipulated.

Tab J -

Additional Response Information

Offerors may include additional information by attaching items under this heading. Provide any additional plans and/or relevant information about the Offeror’s approach to providing the required services. Information requested elsewhere may not be included in this section.

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RFP 16-106 SCOPE OF SERVICE

8 SCOPE OF SERVICE Brazos Valley Council of Governments (BVCOG) is soliciting proposals from experienced and qualified vendors to provide a Project Management Services for Fiber Optic Installation and Network Operation Services for a network spanning nine counties. BVCOG believes the essential characteristic of the Systems Project Management (SPM) firm is the ability to work with COGNet Consortium (referred to as the Consortium) and all project contractors and subcontractors as a team. The SPM is expected to assist the BVCOG staff with the daily activities for each project as the projects move from concept to completion. The SPM will act as an agent of BVCOG with all contractors and vendors in all phases of the project, including pre-implementation, implementation, close-out, and on-going network operations. The SPM is expected to provide expertise, management, and advice in the areas of design, construction, financial planning and tracking, and overall project management. The SPM will be required to follow policy and procedures in all aspects of financial approval and controls when performing assigned work. Throughout the course of the work and progress, the SPM may require additional staffing based upon the work load and contracts assigned to the SPM. The SPM is required to ensure adherence to all FCC rules and requirements for construction of telecommunications services using funding from the Healthcare Connect Fund. Refer to http://www.usac.org/rhc/healthcare-connect for details concerning FCC and USAC rules and regulations on the Healthcare Connect Fund.

8.1 PROJECT O VERVIEW The SPM will manage on behalf of BVCOG, the construction and operation of a dedicated, leased line type of network access and transport services to and from various health care providers that are eligible to receive federal universal service funding through the FCC’s Rural Health Care (RHC) Program in a nine (9) county area to BVCOG PoP (Point-of-Presence) located at 3991 East 29 th Street in Bryan, Texas. Such constructed broadband facilities, software, and equipment may be owned by the Contractor as part of their publically available service network or constitute a private backbone constructed specifically for and owned by BVCOG. This project consists of a network (leased and/or constructed) to provide secure and reliable data communications links connecting FCC RHC Program eligible participants to the COGNet Consortium which is managed by the BVCOG. The anticipated applications include high-speed transport of Electronic Health Records (EHR), very large data files for both store-and-forward and real-time applications. These will include digital image files from a variety of diagnostic imaging machines (x-rays, Computerized Tomography (CT) scans, Magnetic Resonance Imaging (MRI) and others), transmission of electronic medical records. A secure and reliable network, with sufficient quality and capacity for high-quality, real-time voice, videoconferencing and imaging applications, will enable development of new applications and the addition of third party non-consortium members that will take advantage of this new kind of network service that was not previously available. The network will be unrestricted dedicated, leased line type of network capacity, fiber-based or equivalent.

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8.2 PROHIBITION ON COMMISSIONS BVCOG will contract directly with the project management firm capable of performing the requirements of this RFP. Proposers must be represented directly. Participation by brokers or commissioned agents will not be allowed during the proposal process.

8.3 HCF R EQUIREMENTS All contractors and subcontractors must comply with all rules, regulations and requirements of the Federal Communications Commission (FCC) and the Universal Service Administrative Company (USAC) related to the FCC’s RHC program and the HCF as set forth in FCC Rules and the HCF Order.

8.4 SITE AND SERVICE SUBSTITUTIONS There are initially 71 sites to be connected among these 17 Participants. From these Participants it is anticipated that the COGNet consortium will grow to approximately 400 providers over time. Contracts will be structured so that Consortium Participants and other third parties can be added without additional RFPs. Participants will be provided 1Gb connections; however, bandwidth is scalable, up or down, to meet the needs of the participants without additional RFPs. The SPM will be responsible ot prepare and submit contracts for BVCOG to consider from Consortium members and outside third parties that purchase bandwidth on/or access. Connectivity Requirements Latency: Direct point-to-point connections must support Ping times (Packet round-trip times) of 15 milliseconds or less through to far end. Connections with ping times in excess of 20 milliseconds would result in unacceptable responsiveness. Average and maximum ping time should be specified. Network architecture features that will minimize latency should be identified. Jitter: Jitter shall be appropriate for high-definition video transport not exceeding 20 milliseconds. Packet Loss: There shall be no packet loss over any typical 60-minute period. Average packet loss for any month shall be less than 0.5%. Jumbo Frames: Circuit must support jumbo frames for large packets that will be transferred across the connection. Reliability: Reliability is extremely important since the connections will support real-time patient care. Network architectural features that will increase reliability should be identified. Error-free uptime shall be 99.999%. Support: A help desk will be provided for issues when requirements are not being met.

Telecommunications providers may be subcontractors for the proposed services. Construction of any fiber backbone includes fiber buildings and signal r egeneration points appropriate to support the proposed network design and include:

1. Rack space appropriate for the installation of fiber optic transmission, routing, signal regeneration and system monitoring equipment. 2. Appropriate power infrastructure including DC power distribution, fuse panels and battery backup.

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3. Climate controlled facilities suitable for the 24/7 operation of communications and supporting equipment. 4. Fiber hotels and/or hand holes necessary to support each local connection. The network may utilize fiber, microwave technologies, purchases of long-term Indefeasible Right of Use (IRU) for dark fiber, or a combination thereof. As-built drawings of all network elements must be provided upon transfer of the assets to BVCOG, including: Paths, Fiber Buildings, Rack Space, Power Supplies, and Access Points.

8.5 A DMINISTRATIVE R EQUIREMENTS Proposers must agree to follow and comply with all administrative, invoicing and accounting processes and procedures that are necessary to comply with FCC and USAC requirements. These requirements include, but are not exclusive, to the submitting of detailed invoices in a timely manner via BVCOG’s current invoicing process. All awarded proposers must submit a billing account number (BAN) as well as a Service Provider Identification Number (SPIN) the time of contract submission for FCC Rural Health Care eligible participants. All awarded proposers will agree to provide BVCOG a copy of the final contract prior to final signature for our review. BVCOG will review the contract to ensure it is complete and fully represents the awarded proposal.

8.6 SUBCONTRACTOR INFORMATION If the proposal includes the use of subcontractors, Proposer must identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor would perform services. If a subcontract for work services to be performed exceeds $25,000 the subcontract must contain all required provisions of the prime contract. Subcontractor References

For all subcontractors that will be used for providing services as part of the RFP, Proposers must provide a minimum of two references from similar projects performed for any local government clients within the last three years. Information provided shall include: • • • • • •

Client name Project description Dates (starting and ending) Technical expertise Staff assigned to reference engagement that will be designated for work per this RFP Client project manager's name and telephone number

8.7 FINANCIAL S TABILITY Contracts will not be awarded to a Consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.

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8.8 COST M ANAGEMENT Please refer to the FCC Rules (including 47 CFR Sections 54.634 through 54.636) HCF Order (including paragraphs 105 through 195) for supported costs and services. SPM is expected to track and ensure that all costs are supported by the FCC Rules and HCF order.

8.9 SPM R ESPONSIBILITIES The Project Manager will provide professional project management and continuing operational services as requested for the Project. As required by the Agreement, and as properly authorized, the Project Manager shall be capable of providing the following categories of services as required by BVCOG (Note — Required scope may change in response to BVCOG staff capacity and project needs): 8.9.1Pre-Implementation/Design Phase: a. During the pre-implementation (design, bid, selection, negotiating and permitting) phases, the Project Management firm will assist BVCOG staff by providing services consisting of cost/revenue estimating, implementation review, value engineering, scheduling, review of invoices, developing and monitoring project schedule, and other services including route selection and availability of existing dark fiber and Irrevocable Right of Use (IRU) options.

b. Develop a project management plan which outlines communication lines and general protocol of how the project is to proceed in conjunction with the BVCOG staff, design team, consultants, contractors and other agencies. c.

Confirm that budgets are all inclusive and properly account for contingencies, owner reserves, design work, implementation, owner-provided furniture and equipment, as well as management costs.

d. Confirm and advise on the financial feasibility of the project. e.

Obtain all necessary ground lease and site lease rights to any existing location or structures needed to provide a connective link are the responsibility of the fiber and equipment Contractor, and verified by the SPM. Ideally, any necessary leases will provide BVCOG with a term of no less than five years, with options to renew for at least three additional five year terms. The SPM is also responsible for identifying, negotiating and securing all rights of way and permits required for successful completion of proposed fiber route.

f.

Establish a project control system using software which will track project costs against funding sources and can tie-in other data from the consultant and contractor.

g. Administer contract agreements by processing of invoices, evaluation of deliverables and tracking all payments. h. Provide implementation review and cost estimates for the project at each phase of the design to validate that the project is within budget. i.

Provide assistance regarding material and product selection based on cost, quality and availability and value engineering services with a life cycle/cost basis.

j.

Conduct technical review of design specification and drawings as required through the various phases of the design effort. Provide comment on the completeness, accuracy of the design drawings and compliance with BVCOG established design guidelines and utility master plans. Review design for adherence to project requirements, schedule and budget.

k. Review and monitor compliance with prevailing wage. l.

Facilitate and document applicable code compliance and Notice of Acceptance (NOA) as required.

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m. Assist BVCOG in identifying, specifying and assuring delivery of building components which may be provided by BVCOG as a “direct material purchase”. Participate in the procurement process, preparation of addenda materials, review of bids, and establishment of concurrence with the apparent low bidder(s). n. Assist BVCOG in identifying, contacting, and inviting new consortium members and third parties to connect and use the network. o. Seek out and acquire new members to the Consortium throughout the life of the project. 8.9.2Implementation Phase: a. Inspect, review, monitor and report as required, from start of implementation through final completion and warranty, and provide oversight of implementation and implementation administration.

b. Ensure that contractor-related insurance, licensure and bond certificates are in effect and maintained throughout the required duration of the project. c. Validate implementation cost to compare with approved budget. d. Evaluate the contractor’s master project, cost loaded, Critical Path Method schedule with all key milestones. Monitor schedules and provide schedule variance report to BVCOG on a monthly basis. Validate “lookahead” and other Contractor schedule forecasts. e.

Manage engineering and construction contractors retained by BVCOG and third parties to deploy fiber and wireless networks in the Brazos Valley; may include the incorporation of SPM owned/leased fiber if advantageous to BVCOG or the Consortium.

f.

Review and comment on the appropriateness of the monthly pay requests and make recommendations to the BVCOG as to the approval of requested amounts and quantities of the work delineated on each such request.

g. Review and monitor that the project has an adequate safety program that also addresses emergency preparations typical to hurricane preparedness. h. Assist in obtaining project stamps/approvals, permits and other requirement as deemed necessary by jurisdictional authorities. i.

Ensure compliance with state and federal laws and regulations affecting public utilities and telecommunication service providers.

j.

Maintain oversight of implementation activities with continuous on-site representation, photographic documentation and threshold inspection services to uphold quality and integrity and report all instances of deviations or noncompliance with the construction contract documents.

k. Assist BVCOG with change management negotiations and documentation which may include requests for information/interpretation, requests for proposals, consultant’s supplemental instructions, change orders, claims, time extensions, delays and disputes. Advise stakeholders of any necessity for change(s). l.

Maintain permanent project files for BVCOG including correspondence, reports, meeting minutes, memos, log and file of all approved drawings, change management documentation (as described above), payment requests, dispute files and select material samples. Maintain an electronic document management system consistent with BVCOG standards.

m. Prepare monthly status reports of all project activities and all project contracts including variances with established progress schedule, budget variances, claims and cash flow projections. n. Respond to specific inquiries by BVCOG associated with the work. o. Conduct field inspections in order to assure work is proceeding in compliance with construction documents and independent assessments for rejection or replacement of non-conforming work or design deviations and prepare check estimates as needed.

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p. Review all material and product dates in order to assure contract compliance. q. Make presentations before the various Consortium members, the BVCOG Board of Directors and before the general public. r.

Manage Davis Bacon or Prevailing Wage Rate audits.

s. Assist with dispute resolution and managing risk and claims. Coordinate for the needs of the testing laboratory service related to soils, concrete, welds, soil densities and other tests as appropriate. 8.9.3Close-Out Phase: a. Manage the project closeout process, turnover including review and concurrence with contractor/consultant submitted “as-built” and record drawings and review operations and maintenance manuals for those components with appropriate warranties. Develop a commissioning plan for the project and be responsible for the commissioning of all systems in accordance with governing standards.

b. Assist BVCOG staff’s completion of inspection and development of “punch lists” and other inspection reports pursuant to the establishment of substantial completion for the project or portion thereof. c. Assist BVCOG with completion of inspection pursuant to the establishment of final completion of the project. 8.9.4On-Going Network Operations Management: a. Manage and operate a Network Operations Center under the terms of a separate agreement to be negotiated between BVCOG and SPM prior to any consortium member’s access.

b. Continue to seek out and acquire new members to the Consortium.

8.10 PROFESSIONAL, S TAFF, AND A GENCIES The SPM will evaluate, manage, assist, provide and oversee all associated professional services performed by other contracted parties, including but not limited to the following: • • • • • • • • • •

Fiber optic infrastructure design and integration. Geotechnical, soil, and material testing engineering Environmental engineering Jurisdictional approval and permitting Bidding, negotiation, and awarding of contract services Cost estimating Underground Utility Locate services Project Quality Control Project Scheduling and Cost Control Post Construction services

8.11 S TANDARDS AND R EGULATIONS When and where applicable, all work shall abide by the following codes, specifications, regulations and standards: • • • • •

American National Standards Institute (ANSI) Building Industry Consulting Service International (BICSI) Texas State Administrative Codes Texas State Occupational Safety and Health Act Local authority Electrical, Fire, and Building Codes

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Brazos Valley Council of Governments • • • • • • • •


Local authority Utility Services Electronic Industries Alliance (EIA) Institute of Electrical and Electronics Engineers (IEEE) National Electrical Code (NEC) National Electrical Manufacturers Association (NEMA) National Fire Protection Association (NFPA) Telecommunications Industry Association (TIA) Underwriters Laboratories, Inc. (UL)

8.12 QUALIFICATIONS The minimum qualifications required to be considered for this position are sufficient education, training and/or work experience to demonstrate possession of the following knowledge and skills: •

•

•

•

•

•

•

• • •

•

• •

• •

Bachelor's or Master's Degree in computer science, electrical engineering, or civil engineering or related work background and ten years of progressively responsible, professional telecommunications industry experience sufficient to successfully perform the essential functions and responsibilities Project Management Professional ("PMP") certification or an equivalent combination of education and experience with managing complex projects in the telecommunications industry Project management skills with a demonstrated track record to coordinate large, complex projects, including developing and coordinating budgets, managing timelines, developing project estimates, creating work plans and establishing project metrics. Excellent organizational, prioritization and multi-tasking skills, with an emphasis on implementing large cross-functional projects requiring collaboration among multiple parties; Extensive knowledge of telecommunication networks, with an emphasis on the deployment of fiber optic and wireless networks and associated equipment and electronics; Extensive knowledge of aerial and underground construction methods used to deploy telecommunication networks; Prior experience in constructing inside and outside fiber optic plant and wireless infrastructure, including engineering design; Working understanding of GIS, network drawings and route maps; Knowledge of legal and regulatory issues affecting the telecommunications industry; Ability to prepare Requests for Proposals ("RFPs") and scopes of work with technical specifications for building telecommunication networks; Experience in utility pole make-ready, pole replacements and rights-of-way management related to fiber and wireless network deployments; Experience monitoring work production for large scale telecommunications network deployments; Working understanding of Internet Service Providers ("ISPs") providing voice, video and data services in competitive markets; Ability to communicate departmental needs associated with BVCOG’s strategic view; Excellent verbal and written communication skills, with an ability to explain highly technical topics in laymen's terms.

8.13 COMPENSATION The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services

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described in this RFP. Other direct costs, intended to be charged to BVCOG, need to be stated. No mark-ups will be allowed for other direct costs.

8.14 INVOICING Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals. Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information: CONTRACT Contract Amount

Total Prior Contract Billings

Contract Work Performed this Period

Total Contract Amount Performed to Date

Contract Percent Complete

Total Amount Remaining for the Contract

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RFP 16-106 Project Management Services for Fiber Optic Installation

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