NEW REQUESTS FOR PROPOSALS for INTERNET SERVICE PROVIDER SERVICES at CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT for the CITY OF CHARLOTTE, NORTH CAROLINA Dated September 20, 2013 SCHEDULE ACTIVITY (All times are EST) DATE Issue Request For Proposals (“RFP”) September 20, 2013 Deadline for Submittal of Written Questions September 27, 2013 Responses to Questions October 4, 2013 Proposal Submittal by 1:00 p.m. October 10, 2013 Evaluation of Proposals (Selection Committee) October 11-14, 2013 Award Notification October 15, 2013 Charlotte City Council October 28, 2013 Service Estimated Start Date November 1, 2013 Responders must provide six (6) hardcopies of their proposal sealed in either an opaque envelope or box by one of the methods outlined below, as well as an electronic copy emailed to Ted Cisine, Aviation Technology Operations Manager at tcisine@cltairport.com, or it may be included on a flash drive and submitted with the hardcopies of the proposal no later than OCTOBER 10, 2013 by 1PM, according to CLT’s clock. 1. Proposers may mail their submissions to Charlotte Douglas International Airport; Attn: Ted Cisine, CLT Center; 5601 Wilkinson Blvd., Charlotte, NC 28208. Proposals must arrive no later than the proposal deadline outlined above. 2. Proposers may hand deliver their submissions to Ted Cisine at CLT Center, located at 5601 Wilkinson Blvd. Charlotte, NC 28208. Proposals must arrive no later than the proposal deadline outlined above. 1 INTRODUCTION The City of Charlotte (“City”) as owner and operator of Charlotte Douglas International Airport (“CLT”) requests the submissions of proposals to provide Internet Service Provider (“ISP”) Services for CLT. The goals of the RFP are to (1) increase CLT’s bandwidth; (2) economize; (3) utilize high quality, state of the art internet services; (4) contract with an experienced and effective ISP; and (5) enhance the passenger experience through minimum service interruptions and quick resolution times. The following includes the information, requirements and forms necessary for a complete proposal. Any questions concerning the RFP may also be submitted in writing to Ted Cisine, at the email address listed above or by mail at 5601 Wilkinson Blvd. Charlotte, NC 28208, however, no response will be provided for questions submitted after September 20, 2013. Answers to all written questions will be provided by written Addendum. All addenda will be posted on CLT’s website, cltairport.com, and it will be the responsibility of the proposer to frequently check for such additions. In case any proposer fails to acknowledge opening of any such Addenda in the space provided in Attachment A, its proposal will nevertheless be construed as though the addenda had been received and acknowledged, and submission of a proposal shall constitute acknowledgment of the opening of the same. Proposers may not rely upon and the Aviation Director, or his designee, will not make any oral representations. 2 I. BACKGROUND Since 2006, CLT has provided free Wi-Fi internet access to its passengers. As technology has evolved and more passengers are using the service, it has become necessary that CLT increase its bandwidth capacity. Currently, CLT averages 2,200 to 2,500 concurrent connections and 18,000 unique users a day. This proposal is for a new internet connection that will feed the public Wi-Fi system. II. SCOPE OF SERVICES a. Specifications: i. ISP shall provide no less than one (1) GB of business class internet connectivity without bursting capabilities. CLT will also consider an addalternative to include 50% bursting capability. ii. ISP shall provide proof of two redundant upstream providers. iii. ISP shall provide bandwidth 24 hours per day, 356 days per year. iv. ISP shall have network engineering support 24 hours per day, 365 days per year. v. ISP shall maintain network monitoring capability and notify CLT at the point of any disruption of service, at no time shall it take longer than thirty (30) minutes to send notification from the time the outage occurs. vi. ISP shall provide web-based bandwidth utilization reporting. vii. ISP shall grant CLT primary and authoritative control over the services. viii. ISP shall install all services and equipment included in the proposal. ix. ISP shall guarantee quality of service – minimum uptime 99.999% per month with minimum of four (4) hours response and resolution to problems, with documented discounts given for outages that exceed four (4) hours. CLT will allow for brief pre-arranged outages during off-hours for maintenance between the hours of 1:00 am and 4:00 am. x. Network/Transit delay shall not exceed an average of 80milliseconds over a 5minute period where the circumstances are under the ISP’s control. xi. Packet loss shall not exceed an average of .1% over a 5-minute period where the circumstances are under the ISP’s control. b. General Terms i. Contract Term. The ISP Services Contract will begin November 1, 2013 and last for three years with CLT having an option to renew the Contract for an additional three year term. ii. Pricing. Pricing shall be quoted on the three (3) year contract initial term and include an option to extend for an additional three (3) years. Pricing shall be quoted as a monthly cost and will note any potential discounts. For the addalternative option, pricing shall also be quoted as a monthly cost. 3 III. ELIGIBILITY AND DISQUALIFICATION OF PROPOSERS a. Initial Eligibility of Proposers Experience Proposers must be able to demonstrate at least five (5) years of experience with at least five (5) entities that have a minimum of 2,500 concurrent connections and 18,000 unique users a day within one location. For each entity that the proposer has worked with, please provide their contact information as well as their number of concurrent connections and unique users a day. Outstanding Claims and Litigation Proposers are not eligible if at the time of submission the proposer, or any individual or entity of proposer, is in default, has any past due amounts or arrearages or is in breach of contract with any previous or existing contract with the City. Further, the City also has the right to disqualify any proposer who includes in its proposal a subcontractor with whom the City has any existing or pending litigation if the City deems that such litigation may adversely affect the ability for the parties to effectively work together. b. Acknowledgement of Proposer Proposers shall thoroughly examine and become familiar with this RFP, including attachments, and any addendum that may be issued. The failure or the neglect of a proposer to receive or examine any RFP document shall in no way relieve it from any obligation with respect to its proposal or the obligations that flow from making a successful proposal. No claim based upon a lack of knowledge or understanding of any document or its contents shall be allowed. c. Disqualification of Proposal Without in any way limiting the Airport’s right to reject any or all proposals, proposers are advised that any of the following may be considered as sufficient cause for the disqualification of a proposer and the rejection of a proposal: (i) failure to meet initial eligibility requirements; (ii) submission of more than one proposal by an individual, firm, partnership or corporation under the same or different names, including the names it does business under; (iii) evidence of collusion among proposers; (iv) improper communication as described in Section VII D, below. 4 Proposals will be considered irregular and may be rejected for omission, alterations of form, additions not called for, conditions, limitation, unauthorized alternate proposals or other irregularities of any kind. All of the foregoing notwithstanding, however, CLT reserves the right to waive any such irregularities. IV. PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS a. Format The format of the RFP is up to the proposer, except for the company information and addendum acknowledgement, which must be in the format provided by CLT and attached below as Attachment A. However, the proposal should, at the least, include the following: 1. Cover Letter 2. Company Information 3. Addendum Acknowledgement 4. Background and Experience 5. Pricing 6. Scope of Work (detailed breakdown on plan to meet specifications) 7. References (at least 5) 8. Any agreement or terms and conditions CLT will be asked to execute 9. Work Schedule and Timeline for Implementation 10. Other information proposer deems relevant (including additional services) 11. Exceptions requested by Proposer to any of the RFP requirements b. Submission Requirements Submission Instructions Responders must provide six (6) hardcopies and an electronic copy of their proposal no later than OCTOBER 10, 2013 by 1PM in the manner described on page 1 of the RFP. Amendment of Proposal Amendment of a submitted proposal may occur at any time prior to the submission deadline by written request. Amendments will only be accepted through the submission of completely new materials that meet the requirements set forth in the Submission Instructions section above. 5 Withdrawal of Proposal Withdrawal of the proposal may occur at any time prior to the submission deadline by written request. Withdrawal of one proposal will not preclude the submission of another timely proposal but no withdrawal will be allowed after the submission deadline. V. SELECTION CRITERIA Category & Description Background and Experience Pricing Plan to Meet Specifications Service Interruptions & Restoration References Agreement and Terms and Conditions VI. AWARD OF CONTRACT Upon review and evaluation of all qualifying proposals, including any interviews that the Airport may elect to require, the selection committee will select the proposer(s) and proposal(s) that it determines, in its absolute discretion, would best provide the Concession. CLT will inform the selected proposer(s) that it has been selected, subject to City Council approval. If the selected proposer(s) are unable to agree on the final terms, the selected proposer(s) will be excused from further consideration and CLT may, at their option, select another proposer(s). Until the Agreement and all supporting ancillary documents have been approved by the City Council and executed by the Aviation Director, the City shall have no obligations hereunder. VII. MISCELLANEOUS a. Interpretation of the RFP All questions concerning interpretation of the RFP documents must be made in writing to Ted Cisine at tcisine@cltairport.com no later than 5 p.m. on SEPTEMBER 27, 2013. Interpretations and answers to general questions will only be made by written addenda. The City shall not be responsible for any other explanation or interpretation. 6 b. Consent to Investigate The selection of the proposer will be based on a thorough investigation into the areas of interest expressed in the RFP. As part of that, the City may request the proposers to provide such things as, but not limited to, financial records, information on managing partners or participation in an interview process. By submitting a proposal, each proposer consents to any investigation the City deems necessary. c. City’s right to Cancel, Reject, Modify or Reissue RFP The City, in its sole discretion, reserves the right to modify, cancel, reissue or take any other action it deems necessary in the issuance of this RFP. Further, the City also reserves the right to reject any or all proposals submitted. Prior to the execution of the Concession Agreement, no action taken by the City may be inferred or construed to give rise to any obligation by the City. d. Subcontracting No subcontracting will be permitted under this contract. Proposers that normally resell or subcontract portions of their work similar to those included under this RFP must certify in their proposal their intent not to do so with CLT. e. Attempts to Influence Selection Process Except for clarifying written questions sent to the Airport, all proposers, including any and all persons acting on their behalf, are strictly prohibited from contacting elected or appointed City officials, officers, employees, or Airport Advisory Committee Members on or regarding any matter relating to this RFP from the time the RFP is issued until the start of the open business meeting at which City Council is asked to approve the Concession Agreement. f. Proposer’s Cost of Proposal Preparation Proposers are responsible for any and all costs associated with the proposal process including, but not limited to, the creation of the proposal and any interviews (if applicable). The City will not accept any promotional items as part of the proposal process and any such items included will be returned to the proposer at its own cost. 7 g. Ownership and Public Record All proposals and supplementary material provided as part of this process will become the property of the City. Proposers are advised that all information included in the material provided may become available to the public under North Carolina’s Public Records Law. h. Representation by Brokers The City will not be responsible for any fees, expenses or commissions for brokers or their agents. Communications by or between employees of or contractors to the City and any potential or actual respondent broker or agent are not to be construed as an agreement to pay, nor will the City pay any such fees, expenses or commissions. By submitting its proposal, respondent agrees to hold the City harmless from any claims, demands, actions or judgments in connection with such broker fees, expenses or commissions. i. Disclaimer The information contained in this RFP and attachments, hereto, and any addendum that may be issued, are provided to assist prospective proposers in the preparation of proposals. The information has been obtained from sources thought to be reliable, but the City and its elected officials, officers, employees, agents and contractors, are not liable for the accuracy of the information or its use by prospective respondents. 8 ATTACHMENT A: ADDENDA ACKNOWLEDGEMENT AND COMPANY INFORMATION STATEMENT PROPOSAL to DEVELOP AND OVERSEE COMMERCIAL ADVERTISING CONCESSION at CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT ACKNOWLEDGEMENT OF ADDENDA Proposer hereby acknowledges receipt of all Addenda through and including: Addendum No. ___________________, dated______________. Addendum No. ___________________, dated______________. Addendum No. ___________________, dated______________. Addendum No. ___________________, dated______________. Addendum No. ___________________, dated______________. Addendum No. ___________________, dated______________. Addendum No. ___________________, dated______________. However, submission of this proposal acts as acknowledgement of all addenda regardless on if such is specifically noted above. Proposer:_________________________________________________________ Authorized Signature:_______________________________________________ Print Name:_______________________________________________________ 9 COMPANY INFORMATION STATEMENT Name of Firm: ________________________________________________________________ Principle Office Address: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Telephone Number: ( ) _____-________ Form of Business Entity (check one): ( ) Corporation ( ) Partnership ( ) Individual ( ) Joint Venture Complete the applicable section below, where there is not enough room provided please attach additional information as needed: Corporation Statement Date of Incorporation: _______________________________ Location of Incorporation: ____________________________ Is the corporation authorized to do business in North Carolina: ( ) Yes ( ) No Is so, as of what date: _______________________________ The corporation is held: ( ) Publicly ( ) Privately Furnish the name, title and address of each director and officer of the corporation: Directors: Name 1. 2. 3. 4. 5. ________________ ________________ ________________ ________________ ________________ Title Address ____________________ ____________________ ____________________ ____________________ ____________________ 10 ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Officers: Name 1. 2. 3. 4. 5. Title ________________ ________________ ________________ ________________ ________________ Address ____________________ ____________________ ____________________ ____________________ ____________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Partnership Statement Date of organization: ________________________________ Type of Partnership: ( ) General Partnership ( ) Limited Partnership Partnership Agreement Recorded: ( ) Yes ( ) No ___________ Date ____________ Book _____ ______________________ ________ Page County State Has the Partnership done business in the State of North Carolina: ( ) Yes ( ) No If so, when? ______________________ Name, address and ownership share of each general partner owning more than five percent (5%) of the partnership: Name 1. 2. 3. 4. 5. ________________ ________________ ________________ ________________ ________________ Address % Ownership ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ __________ __________ __________ __________ __________ 11 Joint Venture Statement Date of organization: _______________________________ Joint Venture Agreement recorded: ( ) Yes ___________ ____________ Date Book ( ) No _____ ______________________ ________ Page County State Has the Partnership done business in the State of North Carolina: ( ) Yes ( ) No If so, when? _______________________ Name, address and percent of ownership for each joint venturer. Name 1. 2. 3. 4. 5. ________________ ________________ ________________ ________________ ________________ Address % Ownership ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ __________ __________ __________ __________ __________ Acknowledgment The following proposal is hereby submitted by the entity signed below in accordance with all terms and conditions as set forth in the Request for Proposals issued by the City of Charlotte for the right and obligation to develop and oversee the Commercial Advertising Concession at Charlotte Douglas International Airport. Name of Proposer:__________________________________________________ By (Signature):_____________________________________________________ By (Name):________________________________________________________ By (Title):_________________________________________________________ Phone: ( )_____-_________ Mailing Address:____________________________________________________ Email Address:_____________________________________________________ 12