TENNESSEE BOARD OF REGENTS
Regents Online Campus Collaborative
Request for Proposal
CISCO Equipment, Network Software and Services
TBR RFP #:
14-0053
Proposal Due
Date/Time:
01/07/2014
2:00 pm CT
CONTENTS
SECTION
1
INTRODUCTION
2
RFP SCHEDULE OF EVENTS
3
PROPOSAL REQUIREMENTS
4
GENERAL REQUIREMENTS & CONTRACTING INFORMATION
5
PROPOSAL EVALUATION & CONTRACT AWARD
RFP ATTACHMENTS:
6.1
Ownership Ethnicity Form
6.2
Pro Forma Contract
6.3
Proposal Transmittal/Statement of Certifications & Assurances
6.4
RFP Requirements
6.5
Technical Proposal & Evaluation Guide
6.6
Cost Proposal & Scoring Guide
6.7
Listing of TBR Institutions and Eligible UT Institutions and State
Departments
6.8
Annual Contract Spend Data
6.9
Protest Bond
6.10
Vendor Checklist for Prevention of Common RFP Mistakes that lead
to Proposal Rejection
1
INTRODUCTION
1.1
Background
The Tennessee Board of Regents (hereinafter “Institution”) is the sixth largest system of public higher
education in the nation, with 46 campuses, over 200,000 students, and 15,000 benefit eligible
employees. The system consists of six universities – one of which has a law school and one of which
has a medical school, 13 community colleges, 27 technical centers, and the Central Office. Institutions
are located in 90 of the 95 counties in Tennessee, and offer a large variety of degrees and services.
Institutions vary in complexity and size from a research intensive university with approximately 20,000
students, to a comprehensive university with over 21,000 students, to 4 regional universities (one that
includes a medical school), to 13 community colleges, ranging in size from over 11,000 students to less
than 3,000 students. The Institution system also includes 27 Tennessee Technology Centers which
offer a wide variety of technical and vocational certificate programs.
1.2
Statement of Purpose
The Tennessee Board of Regents hereinafter Institution, has issued this Request for Proposal (RFP) to
define the Institution's minimum service requirements; solicit proposals; detail proposal requirements;
and, outline the Institution’s process for evaluating proposals and selecting the contractor.
Through this RFP, Institution seeks to buy the best services at the most favorable, competitive prices
and to give ALL qualified businesses, including those that are small, minority, or women-owned an
opportunity to do business with the Institution as contractors and subcontractors. Vendors must
complete the Minority/Ethnicity form (See Attachment 6.1 for form and classification definitions)
The Institution intends to secure a contract for CISCO systems, network and security related hardware,
software, management tools, and technical support services.
1.3
Scope of Service, Contract Period, and Required Terms and Conditions
The RFP Attachment 6.2, Pro Forma Contract details the Institution’s required:





Scope of Services and Deliverables in Section A;
Contract Period in Section B;
Payment Terms in Section C;
Terms and Conditions in Section D; and,
Additional Terms and Conditions in Section E.
The Pro Forma Contract substantially represents the contract document that the Proposer selected by
the Institution MUST agree to and sign. A Proposal that limits or changes any of the terms or
conditions contained in the Pro Forma Contract may be considered non-responsive.
1.4
Coverage and Participation
It is acknowledged that Institution is issuing this proposal on behalf of all TBR Member Institutions, with
the option for the University of Tennessee System of Higher Education and the State of Tennessee
Departments to utilize the resulting Agreement. A listing of these institutions is provided in Attachment
6.7.
1.5
Nondiscrimination
No person shall be excluded from participation in, be denied benefits of, be discriminated against in the
admission or access to, or be discriminated against in treatment or employment in the Institution’s
contracted programs or activities on the grounds of disability, age, race, color, religion, sex, veteran
status, national origin, or any other classification protected by federal or Tennessee State
Constitutional or statutory law; nor shall they be excluded from participation in, be denied benefits of,
or be otherwise subjected to discrimination in the performance of contracts with the Institution or in the
employment practices of the Institution’s contractors. Accordingly, all vendors entering into contracts
with the Institution shall, upon request, be required to show proof of such nondiscrimination and to post
in conspicuous places, available to all employees and applicants, notices of nondiscrimination.
The Institution has designated the following to coordinate compliance with the nondiscrimination
requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with
Disabilities Act of 1990, and applicable federal regulations.
Wendy Thompson
Vice Chancellor for Organization Effectiveness and Strategic Initiatives
Tennessee Board of Regents
1415 Murfreesboro Pike,
Suite 344
Nashville, TN 37217
(615) 366-3920
1.6
Assistance to Proposers with a Disability
A Proposer with a disability may receive accommodation regarding the means of communicating this
RFP and participating in this RFP process. A Proposer with a disability should contact the RFP
Coordinator to request reasonable accommodation no later than the Disability Accommodation
Request Deadline in the RFP Section 2, Schedule of Events.
1.7
RFP Communications
1.7.1
Unauthorized contact regarding this RFP with employees or officials of the Institution other than the
RFP Coordinator named below may result in disqualification from this procurement process.
1.7.1.1
Interested Parties must direct all communications regarding this RFP to the following RFP Coordinator,
who is the Institutions only official point of contact for this RFP.
Angela Gregory Flynn
Assistant Vice Chancellor for Purchasing & Contracts
Tennessee Board of Regents
1415 Murfreesboro Pike, Suite 346
Nashville, TN 37217
(615) 366-4436
(615) 366-2243 fax
angela.flynn@tbr.edu
1.7.2
The Institution has assigned the following RFP identification number that must be referenced in all
communications regarding the RFP:
RFP-14-0053
1.7.3
Any oral communications shall be considered unofficial and non-binding with regard to this RFP.
1.7.4
Each Proposer shall assume the risk of the method of dispatching any communication or proposal to
the Institution. The Institution assumes no responsibility for delays or delivery failures resulting from
the method of dispatch. Actual or electronic “postmarking” of a communication or proposal to the
Institution by a deadline date shall not substitute for actual receipt of a communication or proposal by
the Institution.
1.7.5
The RFP Coordinator must receive all written comments, including questions and requests for
clarification, no later than the Written Comments Deadline in the RFP Section 2, Schedule of Events.
1.7.6
The Institution reserves the right to determine, at its sole discretion, the appropriate and adequate
responses to written comments, questions, and requests for clarification. The Institution’s official
responses and other official communications pursuant to this RFP shall constitute an amendment of
this RFP.
1.7.7
The Institution will convey all official responses and communications pursuant to this RFP to the
potential Proposers to whom the Institution mailed a Request for Proposal.
1.7.8
Only the Institution’s official, written responses and communications shall be considered binding with
regard to this RFP.
1.7.9
The Institution reserves the right to determine, at its sole discretion, the method of conveying official
responses and communications pursuant to this RFP (e.g., written, facsimile, electronic mail, or
Internet posting).
1.7.10
Any data or factual information provided by the Institution, in this RFP or an official response or
communication, shall be deemed for informational purposes only, and if a Proposer relies on such data
or factual information, the Proposer should either: (1) independently verify the information; or, (2)
obtain the Institution’s written consent to rely thereon.
1.8
Notice of Intent to Propose
Each potential Proposer should submit a Notice of Intent to Propose to the RFP Coordinator by the
deadline in the RFP Section 2, Schedule of Events. The notice should include:



Proposer’s name
name and title of a contact person
address, telephone number, facsimile number, and email address of the contact person
NOTICE: A Notice of Intent to Propose creates no obligation and is not a prerequisite for making a
proposal, however, it is necessary to ensure receipt of RFP amendments and other communications
regarding the RFP (refer to RFP Sections 1.7, et seq., above).
1.9
Proposal Deadline
Proposals must be submitted no later than the Proposal Deadline time and date detailed in the RFP
Section 2, Schedule of Events. A proposal must respond to the written RFP and any RFP exhibits,
attachments, or amendments. A late proposal shall not be accepted, and a Proposer's failure to
submit a proposal before the deadline shall cause the proposal to be disqualified.
1.10
Written Question and Answer Deadline
A question and answer period deadline is in the RFP Section 2, Schedule of Events. The purpose of
the written question/answer period is to allow Proposers to submit any questions they may have in
regard to the scope of services requested. To ensure accurate, consistent responses to all known
potential Proposers, the official response to questions will be issued by the Institution as described in
RFP Sections 1.7, et seq., above and on the date in the RFP Section 2, Schedule of Events.
2
RFP SCHEDULE OF EVENTS
The following Schedule of Events represents the Institution's best estimate of the schedule that will be
followed. Unless otherwise specified, the time of day for the following events will be between 8:00 a.m.
and 4:30 p.m., CST.
RFP SCHEDULE OF EVENTS
NOTICE: The Institution reserves the right, at its sole discretion, to adjust this schedule as it deems
necessary. The Institution will communicate any adjustment to the Schedule of Events to the potential
Proposers.
EVENT
TIME
DATE
(all dates are Institution business days)
1. Institution Issues RFP
4:30pm
11/24/14
2. Disability Accommodation Request Deadline
4:30pm
12/01/14
3. Written Questions Deadline
4:30pm
12/10/14
4. Institution Responds to all Questions
4:30pm
12/18/14
5. Notice of Intent to Propose
4:30pm
01/02/15
6. Proposal Deadline
2:00pm
01/07/15
7. Proposal Opening
3:00pm
01/07/15
8. Institution Completes Technical Proposal Evaluations
3:00pm
01/30/15
9. Institution Opens Cost Proposals and Calculates
Scores
8:00am
02/02/15
10. Institution Issues Intent to Award Letter and
Opens RFP Files for Public Inspection
4:30pm
02/06/15
11. Insurance Certificate Deadline
4:30pm
02/20/15
12. Award of Contract
4:30pm
02/28/15
13. Contract Effective Date
8:00am
03/01/15
3
PROPOSAL REQUIREMENTS
Each Proposer must submit a proposal in response to this RFP with the most favorable terms that the
Proposer can offer. There will be no best and final offer procedure. However, Institution reserves the
right to further clarify or negotiate with the best evaluated Proposer subsequent to award
recommendation but prior to contract execution if deemed necessary by Institution. Institution may
initiate negotiations which serve to alter the bid/proposal in a way favorable to the Institution. For
example, prices may be reduced, time requirements may be revised, etc. In no event shall
negotiations increase the cost or amend the proposal such that the apparent successful Proposer no
longer offers the best proposal.
3.1
Proposal Form and Delivery
3.1.1
Each response to this RFP must consist of a Technical Proposal and a Cost Proposal (as described
below).
3.1.2
Each Proposer must submit one (1) original (signed in blue, non-permanent ink), one (1) electronic,
and eight (8) copies of the Technical Proposal to the Institution in a sealed package that is clearly
marked:
“Technical Proposal in Response to RFP 14-0053 -- Do Not Open”
3.1.3
Each Proposer must submit one (1) original (signed in blue, non-permanent ink), and one (1) copy
of the Cost Proposal to the Institution in a separate, sealed package that is clearly marked:
“Cost Proposal in Response to RFP 14-0053 -- Do Not Open”
3.1.4
If a Proposer encloses the separately sealed proposals (as detailed above) in a larger package for
mailing, the Proposer must clearly mark the outermost package:
“Contains Separately Sealed Technical and Cost Proposals for RFP 14-0053”
3.1.5
The Institution must receive all proposals in response to this RFP, at the following address, no later
than the Proposal Deadline time and date in the RFP Section 2, Schedule of Events. Late proposals
will not be considered and will remain unopened and filed in the RFP file.
Angela Gregory Flynn
Assistant Vice Chancellor for Purchasing and Contracts
Tennessee Board of Regents
1415 Murfreesboro Road, Suite 346
Nashville, TN 37217
(615) 366-4436
(615) 366-2243 Fax
angela.flynn@tbr.edu
3.1.6
A proposal must be typewritten or hand-written in ink. A Proposer may not deliver a proposal orally or
solely by means of electronic transmission.
3.2
Technical Proposal
3.2.1
The RFP Attachment 6.5, Technical Proposal and Evaluation Guide details specific requirements for
making a Technical Proposal in response to this RFP. This guide includes mandatory and general
requirements as well as technical queries requiring a written response.
Notice: No pricing (including required or optional pricing) information shall be included in the
Technical Proposal. Inclusion of Cost Proposal amounts including notations that items are
“free of charge” or are “at no additional cost” in the Technical Proposal will make the proposal
non-responsive, and the Institution shall reject it.
3.2.2
Each Proposer must use the Technical Proposal and Evaluation Guide to organize, reference, and
draft the Technical Proposal. Each Proposer should duplicate the Technical Proposal and Evaluation
Guide and use it as a table of contents covering the Technical Proposal (adding proposal page
numbers as appropriate).
3.2.3
Each proposal should be economically prepared, with emphasis on completeness and clarity of
content. A proposal, as well as any reference material presented, must be written in English and must
be written on standard 8 1/2" x 11" paper (although foldouts containing charts, spreadsheets, and
oversize exhibits are permissible). All proposal pages must be numbered.
3.2.4
All information included in a Technical Proposal should be relevant to a specific requirement detailed in
the Technical Proposal and Evaluation Guide. All information must be incorporated into a response to
a specific requirement and clearly referenced. Any information not meeting these criteria will be
deemed extraneous and will in no way contribute to the evaluation process.
3.2.5
The Institution may determine a proposal to be non-responsive and reject it if the Proposer fails to
organize and properly reference sections of the Technical Proposal as required by this RFP and the
Technical Proposal and Evaluation Guide;
3.2.6
The Institution may determine a proposal to be non-responsive and reject it if the Technical Proposal
document fails to appropriately address/meet all of the requirements detailed in the Technical Proposal
and Evaluation Guide
3.2.7
The Proposer must sign and date (in blue, non-permanent ink) the Technical Proposal. Digital,
electronic, or facsimile signatures will not be acceptable as the original signature. Failure to
submit one (1) original with an original signature will be cause for rejection of the proposal.
3.3
Cost Proposal
3.3.1
The Cost Proposal must be submitted to the Institution in a sealed package separate from the
Technical proposal.
3.3.2
The Cost Proposal must be recorded on an exact duplicate of the RFP Attachment 6.6, Cost Proposal
and Scoring Guide.
3.3.3
Each Proposer shall ONLY record the proposed cost exactly as required by the Cost Proposal and
Evaluation Guide and shall NOT record any other rates, amounts, or information.
3.3.4
The proposed cost shall incorporate all costs for services under the Contract for the total contract
period.
3.3.5
The Proposer must sign and date (in blue, non-permanent ink) the Cost Proposal. Digital,
electronic, or facsimile signatures will not be acceptable as the original signature. Failure to
submit one (1) original with an original signature will be cause for rejection of the proposal.
3.3.6
If a Proposer fails to submit a Cost Proposal as required, the Institution shall determine the proposal to
be non-responsive and reject it.
4
GENERAL REQUIREMENTS & CONTRACTING INFORMATION
4.1
Proposer Required Review and Waiver of Objections
Each Proposer must carefully review this RFP and all attachments, including but not limited to the Pro
Forma Contract, for comments, questions, defects, objections, or any other matter requiring
clarification or correction (collectively called “comments”). Comments concerning RFP objections must
be made in writing and received by the Institution no later than the Written Comments Deadline in the
RFP Section 2, Schedule of Events. This will allow issuance of any necessary amendments and help
prevent the opening of defective proposals upon which contract award could not be made.
Protests based on any objection shall be considered waived and invalid if these comments/objections
have not been brought to the attention of the Institution, in writing, by the Written Comments Deadline
in the RFP Section 2, Schedule of Events.
4.2
RFP Amendment and Cancellation
The Institution reserves the unilateral right to amend this RFP in writing at any time. If an RFP
amendment is issued, the Institution will convey such amendment to the potential Proposers who were
mailed the RFP. Each proposal must respond to the final written RFP and any exhibits, attachments,
and amendments.
The Institution reserves the right, at its sole discretion, to cancel and reissue this RFP or to cancel this
RFP in its entirety in accordance with applicable laws and regulations.
4.3
Proposal Prohibitions and Right of Rejection
4.3.1
The Institution reserves the right, at its sole discretion, to reject any and all proposals in accordance
with applicable laws and regulations.
4.3.2
Each proposal must comply with all of the terms of this RFP and all applicable state laws and
regulations. The Institution may reject any proposal that does not comply with all of the terms,
conditions, and performance requirements of this RFP. The Institution may consider any proposal that
does not meet the requirements of this RFP to be non-responsive, and the Institution may reject such a
proposal.
4.3.3
A Proposer may submit an alternate proposal; however, Proposer must submit a proposal that offers
the services requested by this RFP.
4.3.4
A Proposer may not restrict the rights of the Institution or otherwise qualify a proposal. The Institution
may determine such a proposal to be a non-responsive counteroffer, and the proposal may be
rejected. A link to the impermissible clauses or copies of impermissible provisions is available from
RFP Coordinator upon request.
4.3.5
A Proposer may not submit the Proposer's own contract terms and conditions in a response to this
RFP. If a proposal contains such terms and conditions, the Institution may determine, at its sole
discretion, the proposal to be a non-responsive counteroffer, and the proposal may be rejected.
4.3.6
A Proposer shall not submit more than one proposal. Submitting more than one proposal shall result
in the disqualification of the Proposer unless specifically provided for in this proposal.
4.3.7
A Proposer shall not submit multiple proposals in different forms. This prohibited action shall be
defined as a Proposer submitting one proposal as a prime contractor and permitting a second
Proposer to submit another proposal with the first Proposer offered as a subcontractor. This restriction
does not prohibit different Proposers from offering the same subcontractor as a part of their proposals,
provided that the subcontractor does not also submit a proposal as a prime contractor. Submitting
multiple proposals in different forms may result in the disqualification of all Proposers knowingly
involved.
4.3.8
The Institution shall reject a proposal if the Cost Proposal was not arrived at independently without
collusion, consultation, communication, or agreement as to any matter relating to such prices with any
other Proposer. Regardless of the time of detection, the Institution shall consider any of the foregoing
prohibited actions to be grounds for proposal rejection or contract termination.
4.3.9
The Institution shall not contract with or consider a proposal from:
4.3.9.1
an individual who is, or within the past six months has been, a state employee. An individual shall be
deemed a state employee until such time as all compensation and terminal leave has been paid.
Contracts with a company or corporation in which a controlling interest is held by any state employee or
the employee’s spouse shall be considered, for the purpose of applying this rule, to be a contract with
the individual.
4.3.9.2
a company, corporation, or any other contracting entity in which an ownership of two percent (2%) or
more is held by an individual who is, or within the past six months has been, an employee or official of
the State of Tennessee (this shall not apply either to financial interests that have been placed into a
“blind trust” arrangement pursuant to which the employee does not have knowledge of the retention or
disposition of such interests or to the ownership of publicly traded stocks or bonds where such
ownership constitutes less than 2% of the total outstanding amount of the stocks or bonds of the
issuing entity);
4.3.9.3
a company, corporation, or any other contracting entity which employs an individual who is, or within
the past six months has been, an employee or official of the State of Tennessee in a position that
would allow the direct or indirect use or disclosure of information, which was obtained through or in
connection with his or her employment and not made available to the general public, for the purpose of
furthering the private interest or personal profit of any person; or,
4.3.9.4
any individual, company, or other entity involved in assisting the Institution in the development,
formulation, or drafting of this RFP or its scope of services shall be considered to have been given
information that would afford an unfair advantage over other Proposers, and such individual, company,
or other entity may not submit a proposal in response to this RFP.
4.3.10
The Institution reserves the right, at its sole discretion, to waive a proposal’s variances from full
compliance with this RFP. If the Institution waives minor variances in a proposal, such waiver shall not
modify the RFP requirements or excuse the Proposer from full compliance with the RFP.
4.4
Incorrect Proposal Information
If the Institution determines that a Proposer has provided, for consideration in this RFP process or
subsequent contract negotiations, incorrect information that the Proposer knew or should have known
was materially incorrect, that proposal shall be determined non-responsive and shall be rejected.
4.5
Proposal of Additional Services
If a proposal offers services in addition to those required by and described in this RFP, the additional
services may be added to the Contract before contract signing at the sole discretion of the Institution.
Costs associated with additional services must be provided on a separate attachment in the cost
proposal. Please note that proposed additional services will not be used in evaluating the proposal.
4.6
Assignment and Subcontracting
4.6.1
The Proposer awarded a contract pursuant to this RFP may not subcontract, transfer, or assign any
portion of the Contract without the Institution’s prior, written approval.
4.6.2
A subcontractor may only be substituted for a proposed subcontractor at the discretion of the Institution
and with the Institution’s prior, written approval.
4.6.3
At its sole discretion, the Institution reserves the right to refuse approval of any subcontract, transfer, or
assignment.
4.6.4
Notwithstanding Institution approval of each subcontractor, the Proposer, if awarded a contract
pursuant to this RFP, shall be the prime contractor and shall be responsible for all work performed.
4.7
Right to Refuse Personnel
At its sole discretion, the Institution reserves the right to refuse any personnel, of the prime contractor
or a subcontractor, for use in the performance of a contract pursuant to this RFP.
4.8
Insurance
Successful Proposer must provide and maintain a commercial general liability policy. The policy shall
provide coverage which includes, but is not limited to, bodily injury, personal injury, death, property
damage and medical claims, with minimum limits of $1,000,000 per occurrence, $3,000,000 in the
aggregate. The Proposer shall maintain workers’ compensation coverage or a self-insured program as
required under Tennessee law, with Employer’s Liability Limits of $100,000. The Proposer shall deliver
to the Institution a certificate of insurance no later than the effective date of the contract. If any policy
providing insurance required by the contract is cancelled prior to the policy expiration date, the
Proposer, upon receiving a notice of cancellation, shall give immediate notice to the Institution.
The enumeration in the contract or in this document of the kinds and amounts of liability insurance shall
not abridge, diminish or affect the contractor’s legal responsibilities for the consequences of accidents
arising out of or resulting from the services of the successful bidder under this contract.
Failure to provide evidence of such insurance coverage is a material breach and grounds for
termination of the contract negotiations. Any insurance required by the Institution shall be in form and
substance acceptable to the Institution.
4.9
Licensure
The apparent successful Proposer must hold all necessary, applicable business and professional
licenses. The Institution will require any or all Proposers to submit evidence of proper licensure with
the RFP response. Licensure information must be clearly identified on the outside of Proposer’s
technical response.
4.10
Sales and Use Tax.
Before the Contract resulting from this RFP is signed, the apparent successful Respondent must be
registered with the Tennessee Department of Revenue for the collection of Tennessee sales and use
tax. The State shall not award a contract unless the Respondent provides proof of such registration or
provides documentation from the Department of Revenue that the Contractor is exempt from this
registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant
to this solicitation. For purposes of this registration requirement, the Department of Revenue may be
contacted at: TN.Revenue@tn.gov.
4.11
Proposal Withdrawal
A Proposer may withdraw a submitted proposal at any time up to the Proposal Deadline time and date
in the RFP Section 2, Schedule of Events. To do so, a Proposer must submit a written request, signed
by a Proposer’s authorized representative to withdraw a proposal. After withdrawing a previously
submitted proposal, a Proposer may submit another proposal at any time up to the Proposal Deadline.
4.12
Proposal Errors and Amendments
At the option of the Institution, a Proposer may be bound by all proposal errors or omissions. A
Proposer will not be allowed to alter or amend proposal documents after the Proposal Deadline time
and date in the RFP Section 2, Schedule of Events unless formally requested, in writing, by the
Institution.
4.13
Proposal Preparation Costs
The Institution will not pay any costs associated with the preparation, submittal, or presentation of any
proposal.
4.14
Continued Validity of Proposals
All Proposals shall state that the offer contained therein is valid for a minimum of one hundred twenty
(120) days from the date of opening. This assures that Proposers’ offers are valid for a period of time
sufficient for thorough consideration. Proposals which do not so state will be presumed valid for one
hundred twenty (120) days.
4.15
Disclosure of Proposal Contents
Each proposal and all materials submitted to the Institution in response to this RFP shall become the
property of the Institution. Selection or rejection of a proposal does not affect this right. All proposal
information, including detailed price and cost information, shall be held in confidence during the
evaluation process.
Upon the completion of the evaluation of proposals, indicated by public release of a Letter of Intent to
Award, the proposals and associated materials shall be open for review by the public in accordance
with Tennessee Code Annotated, Section 10-7-504(a)(7). By submitting a proposal, the Proposer
acknowledges and accepts that the full proposal contents and associated documents shall become
open to public inspection.
4.16
Contractor Registration
All service contractors must complete a vendor application with Institution and become a registered
vendor. The vendor application submitted by the Proposer will be sent to the Governor’s Office of
Diversity Business Enterprise for official certification. However, registration with the Institution is not
required to make a proposal (any unregistered service provider must simply register as required prior
to the final contract approval).
Refer to the following Internet URL to obtain the Institution’s vendor application instructions and forms:
https://www.tbr.edu/sites/tbr.edu/files/media/browser/VendorApplicationInstructions.doc
4.17
Contract Approval
The RFP and the contractor selection processes do not obligate the Institution and do not create rights,
interests, or claims of entitlement by either the Proposer with the apparent best-evaluated proposal or
any other Proposer. Contract award and Institution obligations pursuant thereto shall commence only
after the contract is signed by the Contractor and all other Institution/State officials as required by state
laws and regulations.
4.18
Contract Cancellation
Either party reserves the right to cancel the contract with a one hundred twenty (120) day written notice.
4.19
Contract Term
The Institution intends to enter into a contract for an initial one year term. The Institution reserves the
right to renew the contract on an annual basis for up to four (4) additional one-year terms at its option.
The Institution reserves the right to cancel the Contract if sufficient funding for its continuance is not
appropriated by the General Assembly of the State of Tennessee.
4.20
Contract Payments
All contract payments shall be made in accordance with the Contract’s Payment Terms and Conditions
provisions (refer to RFP Attachment 6.2, Pro Forma Contract, and Section C). No payment shall be
made until the Contract is approved as required by state laws and regulations. Under no
circumstances shall the Institution be liable for payment of any type associated with the Contract or
responsible for any work done by the Contractor, even work done in good faith and even if the
Contractor is orally directed to proceed with the delivery of services, if it occurs before contract
approval by Institution officials as required by applicable statutes and rules of the State of Tennessee
or before the Contract start date or after the Contract end date specified by the Contract. Payments to
the Contractor will be made in accordance with the Tennessee Prompt Pay Act (T.C.A. Section 12-4701 et.seq.).
4.21
Contract Monitoring
The Contractor’s deliverables and services provided pursuant to this Contract shall be subject to
monitoring and evaluation by the Institution, by a duly appointed representative(s). The Contractor
shall submit brief, periodic, progress reports to the Institution as requested.
4.22
Severability
If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the decision
shall not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of
the Institution and Proposers shall be construed and enforced as if the RFP did not contain the
particular provision held to be invalid.
4.23
Policy and Guideline Compliance
This proposal request and any award made hereunder are subject to the policies and guidelines of the
Institution (www.tbr.edu).
4.24
Protest Procedures
Refer to the following Internet URL to obtain the Institution’s bid protest procedures:
https://policies.tbr.edu/policies/purchasing-policies-and-procedures#Protested-Bids
A sample protest bond format is provided as Attachment 6.9.
5
PROPOSAL EVALUATION & CONTRACT AWARD
5.1
Evaluation Categories and Maximum Points
The Institution will consider qualifications and experience, technical approach, and cost in the
evaluation of proposals. The maximum points that shall be awarded for each of these categories are
detailed below.
CATEGORY
5.2
MAXIMUM POINTS POSSIBLE
Qualifications and Experience
200
Technical Approach
400
Cost Proposal
400
Evaluation Process
The proposal evaluation process is designed to award the Contract not necessarily to the Proposer of
least cost, but rather to the Proposer with the best combination of attributes based upon the evaluation
criteria.
5.2.1
The RFP Coordinator will use the RFP Attachment 6.5, Technical Proposal and Evaluation Guide to
manage the Technical Proposal Evaluation and maintain evaluation records.
5.2.1.1
The RFP Coordinator will review each Technical Proposal to determine compliance with mandatory
requirements (refer to RFP Attachment 6.5, Technical Proposal and Evaluation Guide, Technical
Proposal Section A). If the RFP Coordinator determines that a proposal may have failed to meet one
or more of the mandatory requirements, the Chief Procurement Officer will review the proposal and
document his/her determination of whether: (1) the proposal meets requirements for further
evaluation; (2) the Institution will request clarifications; or (3) the Institution will determine the proposal
to be non-responsive to the RFP and reject it. A determination that a proposal is non-responsive must
be approved by the Chief Business Officer before notice may be sent out that the proposal has been
rejected.
5.2.1.2
A Proposal Evaluation Team, appropriate to the scope and nature of the RFP, will evaluate each
Technical Proposal that appears responsive to the RFP.
5.2.1.3
Each Proposal Evaluation Team member will independently evaluate each proposal against the
evaluation criteria in this RFP, rather than against other proposals, and will score each in accordance
with the RFP Attachment 6.5, Technical Proposal and Evaluation Guide.
5.2.1.4
The Institution reserves the right, at its sole discretion, to request Proposer clarification of a Technical
Proposal or to conduct clarification discussions with any or all Proposers. Any such clarification or
discussion shall be limited to specific sections of the proposal identified by the Institution. The subject
Proposer shall put any resulting clarification in writing as may be required by the Institution.
5.2.2
After Technical Proposal evaluations are completed, the RFP Coordinator will open the Cost Proposals
and use the RFP Attachment 6.6, Cost Proposal and Scoring Guide to calculate and document the
Cost Proposal scores.
5.2.3
For each responsive proposal, the RFP Coordinator will add the Technical Proposal score to the Cost
Proposal score.
5.3
Contract Award Process
5.3.1
The RFP Coordinator will forward the results of the proposal evaluation process to the appropriate
Institution official who will consider the proposal evaluation process results and all pertinent information
available to make a determination about the contract award. The Institution reserves the right to make
an award without further discussion of any proposal.
Notwithstanding the foregoing, to affect a contract award to a Proposer other than the one receiving the
highest evaluation score, the requesting department/party must provide written justification for such an
award and obtain the written approval of the appropriate Institutional official.
5.3.2
After the appropriate official’s determination, the Institution will issue an Intent to Award to identify the
apparent best-evaluated proposal as in the RFP Section 2, Schedule of Events.
NOTICE: The Intent to Award shall not create rights, interests, or claims of entitlement in either the
Proposer with apparent best-evaluated proposal or any other Proposer.
5.3.3
The Institution will also make the RFP files available for public inspection as in the RFP Section 2,
Schedule of Events.
5.3.4
The Proposer with the apparent best-evaluated proposal must agree to and sign a contract with the
Institution which shall be substantially the same as the RFP Attachment 6.2, Pro Forma Contract.
However, the Institution reserves the right, at its sole discretion, to add terms and conditions or to
revise Pro Forma Contract requirements in the Institution’s best interests subsequent to this RFP
process. No such terms and conditions or revision of contract requirements shall materially affect the
basis of proposal evaluations or negatively impact the competitive nature of the RFP process.
5.3.5
The Proposer with the apparent best-evaluated proposal must sign and return the Contract written by
the Institution pursuant to this RFP no later than the Award of Contract Date in the RFP Section 2,
Schedule of Events. If the Proposer fails to provide the signed Contract by the deadline, the Institution
may determine that the Proposer is non-responsive to the terms of this RFP and reject the proposal.
5.3.6
If the Institution determines that the apparent best-evaluated proposal is non-responsive and rejects
the proposal, the RFP Coordinator will re-calculate scores for each responsive Cost Proposal to
determine the new, apparent best-evaluated proposal.
ATTACHMENT 6.1
TENNESSEE BOARD OF REGENTS
HIGHER EDUCATION SYSTEM
Minority / Ethnicity Form
In order to comply with reporting regulations required by the State of Tennessee and the United States federal
income tax laws, it is necessary that the following information be provided prior to the issuance of any contract.
1. Name of Contractor:
2. Is Contractor a US citizen?
Yes
_______________________________________
No
If no, state country of citizenship:
Federal ID / Social Security Number:
___________________________________________
_______________________________________
(If not a US Citizen, please include a copy of Visa
with this form.)
3. Kind of Ownership (Check one):
4. Minority / Ethnicity Code (Check One):
Govt. (GO)
African American (MA)
Agency of the State of Tennessee (SA)
Native American (MN)
Non-Profit (NO)
Hispanic American (MH)
Majority (MJ)
Asian American (MS)
Minority* (see reverse side for definition)
Other Minority (MO)
Woman (WO)** (see reverse side for definition)
Specify: _________
Small (SM)*** (see reverse side for definition)
Service-Disabled Veteran****(see reverse side for
definition)
5. Preference for reporting purposes: (Note: If Contractor qualifies in multiple categories as small, womanowned and/or minority, Contractor is to specify in which category he / she is to be considered for reporting
and classification purposes.)
Small
Minority
Woman-Owned
Service-Disabled Veteran
6. Certification: I certify that all the information as completed above is accurate and true.
_____________________________________________________________________________________
Signature
Date
Name (Printed): ___________________________________________
Title: _____________________________________________________
*Minority Ownership Clarification:
"Minority owned business" means a business that is a continuing, independent, for profit business which performs a commercially
useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more minority individuals who are impeded
from normal entry into the economic mainstream because of past practices of discrimination based on race or ethnic background.
"Minority" means a person who is a citizen or lawful permanent resident of the United States and who is:
a) African American (a person having origins in any of the black racial groups of Africa);
b) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of
race);
c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or
the Pacific Islands); or
d) Native American (a person having origins in any of the original peoples of North America).
**Woman-Owned Business Clarification:
A "woman-owned business" means a woman owned business that is a continuing, independent, for profit business which performs a
commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one or more women; or, in the case of
any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by one (1) or more women
and whose management and daily business operations are under the control of one (1) or more women.
***Small Business Ownership Clarification:
A "small business" means a business that is independently owned and operated for profit, is not dominant in its field of operation and
is not an affiliate or subsidiary of a business dominant in its field of operation.
The Governor's Office of Diversity Business Enterprise establishes small business guidelines on industry size standards. The criteria
guidelines are required to be met in order for a business to be considered small. The annual receipts or number of employees
indicates the maximum allowed for a small business concern and its affiliates to be considered small.
****Service-Disabled Veteran Business Enterprise (SDVBE) Clarification
Tennessee Service-Disabled Veteran owned mean any person who served honorably on active duty in the Armed Forces of the
United States with at least a twenty percent (20%) disability that is service-connected meaning that such disability was incurred or
aggravated in the line of duty in the active military, naval or air service. “Tennessee service disabled veteran owned business” means
a service-disabled veteran owned business that is a continuing, independent, for profit business located in the state of Tennessee that
performs a commercially useful function.
Tennessee Service-Disabled Veteran owned means a service-disabled owned business that is a continuing, independent, for profit
business located in the state of Tennessee that performs a commercially useful function, and
1.
is at least fifty-one percent (51%) owned and controlled by one (1) or more service-disabled owned veterans;
2.
In the case of a business solely owned by (1) service-disabled veteran and such person’s spouse, is at least fifty percent
(50) owned and controlled by the service-disabled veteran; or
3.
In the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned and controlled by
one (1) or more service-disabled veteran and whose management and daily business operations are under the control of
one (1) or more service-disabled veteran.
TYPE OF BUSINESS
ANNUAL GROSS SALES
NO. OF EMPLOYEES
Agriculture, Forestry, Fishing
$500,000
9
Architectural / Design / Engineering
$2,000,000
30
Construction
$2,000,000
30
Educational
$1,000,000
9
Finance, Insurance & Real Estate
$1,000,000
9
Information Systems / Technology
$2,000,000
30
Manufacturing
$2,000,000
99
Marketing / Communications / Public Relations
$2,000,000
30
Medical / Healthcare
$2,000,000
30
Mining
$1,000,000
49
Retail Trade
$750,000
9
Service Industry
$500,000
9
Transportation, Commerce & Utilities
$1,000,000
9
Wholesale Trade
$1,000,000
19
ATTACHMENT 6.2
PRO FORMA CONTRACT
The Pro Forma Contract set forth in this Attachment contains some “blanks”, signified in brackets by
words in all capital letters, describing material to be added, along with appropriate additional information,
in the final contract resulting from this RFP.
CONTRACT
BETWEEN TENNESSEE BOARD OF REGENTS
AND
[CONTRACTOR NAME]
This Contract, by and between Tennessee Board of Regents, hereinafter referred to as the “Institution” and
[CONTRACTOR LEGAL ENTITY NAME], hereinafter referred to as the “Contractor,” is for the provision of CISCO
systems, network and security related hardware, software, management tools, and technical support services, as
further defined in the "SCOPE OF SERVICES."
The Contractor is [AN INDIVIDUAL / A FOR-PROFIT CORPORATION / A NONPROFIT CORPORATION / A
SPECIAL PURPOSE CORPORATION OR ASSOCIATION / A FRATERNAL OR PATRIOTIC ORGANIZATION / A
PARTNERSHIP / A JOINT VENTURE / A LIMITED LIABILITY COMPANY]. The Contractor’s address is:
[ADDRESS]
The Contractor’s place of incorporation or organization is [STATE OF ORGANIZATION].
A.
SCOPE OF SERVICES:
A.1.
The Contractor shall provide CISCO equipment, network software, and services. The scope of products
and Contractor’s specific responsibilities are defined in Attachment A of this Agreement.
B.
CONTRACT TERM:
B.1.
Contract Term. This Contract shall be effective for the period commencing on 03/01/2015 and ending on
02/29/2016. The Institution shall have no obligation for services rendered by the Contractor which are not
performed within the specified period.
B.2.
Term Extension. The Institution reserves the right to extend this Contract for an additional period or
periods of time representing increments of no more than one year and a total contract term of no more
than five years, provided that the Institution notifies the Contractor in writing of its intention to do so at
least one hundred twenty (120) days prior to the Contract expiration date. An extension of the term of this
Contract will be effected through an amendment to the Contract. If the extension of the Contract
necessitates additional funding beyond that which was included in the original Contract, the increase in the
Institution’s maximum liability will also be effected through an amendment to the Contract and shall be
based upon rates provided for in the original Contract.
C.
PAYMENT TERMS AND CONDITIONS:
C.1.
Maximum Liability. In no event shall the maximum liability of the Institution under this Contract exceed
[WRITTEN DOLLAR AMOUNT] [$NUMBER AMOUNT]. The Service Rates in Section C.3 include, but
are not limited to, all applicable taxes, fees, overheads, and all other direct and indirect costs incurred or
to be incurred by the Contractor. The maximum liability represents available funds for payment to the
Contractor and does not guarantee payment of any such funds to the Contractor under this Contract
unless the Institution requests work and the Contractor performs the work.
C.2.
Compensation Firm. The Service Rates and the Maximum Liability of the Institution under this Contract
are firm for the duration of the Contract and are not subject to escalation for any reason unless this
Contract is amended.
C.3.
Payment Methodology. The Contractor shall be compensated based on the Rates identified in
Attachment C authorized by the Institution in a total amount not to exceed the Contract Maximum Liability
established in Section C.1. The Contractor’s compensation shall be contingent upon the satisfactory
delivery of goods requested by the Institution.
The Contractor shall submit invoices, in form and substance acceptable to the Institution with all of the
necessary supporting documentation, prior to any payment.
C.4.
Travel Compensation. The Contractor shall not be compensated or reimbursed for travel, meals, or
lodging.
C.5.
Payment of Invoice. The payment of an invoice by the Institution shall not prejudice the Institution's right
to object to or question any invoice or matter in relation thereto. Such payment by the Institution shall
neither be construed as acceptance of any part of the work or service provided nor as an approval of any
of the amounts invoiced therein.
C.6.
Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included in any
invoice or payment theretofore made which are determined by the Institution, on the basis of audits
conducted in accordance with the terms of this Contract, not to constitute proper remuneration for
compensable services.
C.7.
Deductions. The Institution reserves the right to deduct from amounts which are or shall become due and
payable to the Contractor under this or any Contract between the Contractor and the Institution any
amounts which are or shall become due and payable to the Institution by the Contractor.
D.
TERMS AND CONDITIONS:
D.1.
Required Approvals. The Institution is not bound by this Contract until it is approved by the appropriate
officials in accordance with applicable Tennessee laws and regulations as shown on the signature page of
this Contract.
D.2.
Modification and Amendment. This Contract may be modified only by a written amendment executed by
all parties hereto and approved by the appropriate officials.
D.3.
Ethnicity. This Contract shall not be executed until the Contractor has completed the Minority/Ethnicity
Form.
D.4.
Termination for Convenience. The Institution may terminate this Contract without cause for any reason.
Termination under this Section D. 4 shall not be deemed a Breach of Contract by the Institution. The
Institution shall give the Contractor at least one hundred twenty (120) days written notice before the
effective termination date. The Contractor shall be entitled to receive compensation for satisfactory,
authorized service completed as of the termination date, but in no event shall the Institution be liable to the
Contractor for compensation for any service which has not been rendered. Upon such termination, the
Contractor shall have no right to any actual general, special, incidental, consequential, or any other
damages whatsoever of any description or amount.
D.5.
Termination for Cause. If the Contractor fails to perform its obligations under this Contract in a timely or
proper manner, or if the Contractor violates any term of this Contract, the Institution shall have the right to
immediately terminate the Contract and withhold payments in excess of fair compensation for completed
services; provided, however, Institution shall have the option to give Contractor written notice and a
specified period of time in which to cure. Notwithstanding the above, the Contractor shall not be relieved
of liability to the Institution for damages sustained by virtue of any breach of this Contract by the
Contractor.
D.6.
Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the
services performed under this Contract without obtaining the prior written approval of the Institution. If
such subcontracts are approved by the Institution, they shall contain, at a minimum, sections of this
Contract pertaining to "Conflicts of Interest" and "Nondiscrimination". Notwithstanding any use of
approved subcontractors, the Contractor shall be the prime contractor and shall be responsible for all work
performed.
D.7.
Conflicts of Interest. The Contractor warrants that no part of the total Contract amount shall be paid
directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts
in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Contractor in
connection with any work contemplated or performed relative to this Contract.
D.8.
Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be
excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the
performance of this Contract or in the employment practices of the Contractor on the grounds of disability,
age, race, color, religion, sex, veteran status, national origin, or any other classification protected by
Federal, or State constitutional or statutory law. The Contractor shall, upon request, show proof of such
nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices
of nondiscrimination.
D.9.
Records. The Contractor shall maintain documentation for all charges against the Institution under this
Contract. The books, records, and documents of the Contractor, insofar as they relate to work performed
or money received under this Contract, shall be maintained for a period of three (3) full years from the
date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice
by the Institution, the Comptroller of the Treasury, or their duly appointed representatives. The financial
statements shall be prepared in accordance with generally accepted accounting principles.
D.10.
Monitoring. The Contractor’s activities conducted and records maintained pursuant to this Contract shall
be subject to monitoring and evaluation by the Institution, the Comptroller of the Treasury, or their duly
appointed representatives.
D.11.
Progress Reports. . The Contractor shall submit brief, periodic, progress reports to the Institution as
requested.
D.12.
Strict Performance. Failure by any party to this Contract to insist in any one or more cases upon the strict
performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be
construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or
condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment
signed by the parties hereto.
D.13.
Independent Contractor. The parties hereto, in the performance of this Contract, shall not act as
employees, partners, joint ventures’, or associates of one another. It is expressly acknowledged by the
parties hereto that the parties are independent contracting entities and that nothing in this Contract shall
be construed to create an employer/employee relationship or to allow either to exercise control or direction
over the manner or method by which the other transacts its business affairs or provides its usual services.
The employees or agents of one party shall not be deemed or construed to be the employees or agents of
the other party for any purpose whatsoever.
The Contractor, being an independent contractor and not an employee of the Institution, agrees to carry
adequate public liability and other appropriate forms of insurance on the Contractor’s employees, and to
pay all applicable taxes incident to this Contract.
D.14.
Institution Liability. The Institution shall have no liability except as specifically provided in this Contract.
D.15.
Force Majeure. The obligations of the parties to this Contract are subject to prevention by causes beyond
the parties’ control that could not be avoided by the exercise of due care including, but not limited to, acts
of God, riots, wars, epidemics or any other similar cause.
D.16.
State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws
and regulations, including Institution policies and guidelines in the performance of this Contract.
D.17.
Governing Law. This Contract shall be governed by and construed in accordance with the laws of the
State of Tennessee. The Contractor agrees that it will be subject to the exclusive jurisdiction of the
Tennessee Claims Commission in actions that may arise under this Contract. The Contractor
acknowledges and agrees that any rights or claims against the Institution or its employees hereunder, and
any remedies arising therefrom, shall be subject to and limited to those rights and remedies, if any,
available under Tennessee Code Annotated, Sections 9-8-101 through 9-8-407.
D.18.
Severability. If any terms or conditions of this Contract are held to be invalid or unenforceable as a matter
of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force
and effect. To this end, the terms and conditions of this Contract are declared severable.
D.19.
Headings. Section headings of this Contract are for reference purposes only and shall not be construed
as part of this Contract.
E.
ADDITIONAL TERMS AND CONDITIONS:
E.1.
Communications and Contacts.
The Institution:
Angela Gregory Flynn
Assistant Vice Chancellor for Purchasing and Contracts
Tennessee Board of Regents
1415 Murfreesboro Road, Suite 346
Nashville, TN 37217
(615) 366-4436
(615) 366-2243 Fax
angela.flynn@tbr.edu
AND
The Contractor:
[NAME AND TITLE OF CONTRACTOR CONTACT PERSON]
[CONTRACTOR NAME]
[ADDRESS]
[TELEPHONE NUMBER]
[FACSIMILE NUMBER]
All instructions, notices, consents, demands, or other communications shall be sent in a manner that
verifies proof of delivery. Any communication by facsimile transmission shall also be sent by United
States mail on the same date as the facsimile transmission. All communications which relate to any
changes to the Contract shall not be considered effective until agreed to, in writing, by both parties.
E.2.
Subject to Funds Availability. The Contract is subject to the appropriation and availability of State and/or
Federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the Institution
reserves the right to terminate the Contract upon written notice to the Contractor. Termination under this
Section E.2 shall not be deemed a breach of Contract by the Institution. Upon receipt of the written notice,
the Contractor shall cease all work associated with the Contract. Should such an event occur, the
Contractor shall be entitled to compensation for all satisfactory and authorized services completed as of
the termination date. Upon such termination, the Contractor shall have no right to recover from the
Institution any actual, general, special, incidental, consequential, or any other damages whatsoever of any
description or amount.
E.3.
Breach. A party shall be deemed to have breached the Contract if any of the following occurs (However,
this list is not exclusive.):
— failure to materially perform in accordance with any term or provision of the Contract;
— partial performance of any term or provision of the Contract;
— any act prohibited or restricted by the Contract, or
— violation of any warranty.
For purposes of this Contract, these items shall hereinafter be referred to as a “Breach.”
a. Contractor Breach— Institution shall notify Contractor in writing of a Breach.
(In event of a Breach by Contractor, the Institution shall have available the remedy of Actual Damages
and any other remedy available at law or in equity.
b. Institution Breach— In the event of a Breach of contract by the Institution, the Contractor shall notify the
Institution in writing within 30 days of any Breach of contract by the Institution. The notice shall contain
a description of the Breach. In the event of Breach by the Institution, the Contractor may avail itself of
any remedy at law in the Claims Commission; provided, however, failure by the Contractor to give the
Institution written notice and opportunity to cure as described herein operates as a waiver of the
Institution’s Breach. Failure by the Contractor to file a claim before the appropriate forum in Tennessee
with jurisdiction to hear such claim within one (1) year of the written notice of Breach shall operate as a
waiver of said claim in its entirety. It is agreed by the parties this provision establishes a contractual
period of limitations for any claim brought by the Contractor.
E.4.
Copyrights and Patents/Institution Ownership of Work Products. Contractor grants Institution a world-wide,
perpetual, non-exclusive, irrevocable, fully paid up license to use any proprietary software products
delivered under this Contract. The Institution shall have royalty-free and unlimited rights to use, disclose,
reproduce, or publish, for any purpose whatsoever, as well as share in any financial benefits derived from
the commercial exploitation of all work products created, designed, developed, or derived from the
services provided under this Contract. The Institution shall have the right to copy, distribute, modify and
use any training materials delivered under this Contract for internal purposes only.
The Contractor agrees to indemnify and hold harmless the Institution as well as its officers, agents, and
employees from and against any and all claims or suits which may be brought against the Institution for
infringement of any third party’s intellectual property rights, including but not limited to, any alleged patent
or copyright violations. The Institution shall give the Contractor written notice of any such claim or suit and
full right and opportunity to conduct the Contractor’s own defense thereof. In any such action brought
against the Institution, the Contractor shall take all reasonable steps to secure a license for Institution to
continue to use the alleged infringing product or, in the alternative, shall find or develop a reasonable, noninfringing alternative to satisfy the requirements of this Contract.
The Contractor further agrees that it shall be liable for the reasonable fees of attorneys for the Institution in
the event such service is necessitated to enforce the obligations of the Contractor to the Institution.
E.5.
Insurance. The Contractor shall maintain a commercial general liability policy. The commercial general
liability policy shall provide coverage which includes, but is not limited to, bodily injury, personal injury,
death, property damage and medical claims, with minimum limits of $1,000,000 per occurrence,
$3,000,000 in the aggregate. The Contractor shall maintain workers’ compensation coverage or a selfinsured program as required under Tennessee law. The Contractor shall deliver to the Institution both
certificates of insurance no later than the effective date of the Contract. If any policy providing insurance
required by the Contract is cancelled prior to the policy expiration date, the Contractor, upon receiving a
notice of cancellation, shall give immediate notice to the Institution.
The enumeration in the Contract of the types and amounts of liability insurance shall not abridge, diminish
or affect the Contractor’s legal responsibilities arising out of or resulting from the services under this
Contract.
E.6.
Competitive Procurements. If this Contract provides for reimbursement of the cost of goods, materials,
supplies, equipment, or services, such procurements shall be made on a competitive basis, when
practical.
E.7.
Inventory/Equipment Control. No equipment shall be purchased under this Contract.
E.8.
Contract Documents. Included in this Contract by reference are the following documents:
a.
b.
c.
This Contract document and its attachments,
The Request for Proposal # 14-0053, and
The Contractor’s Proposal dated ____________.
In the event of a discrepancy or ambiguity regarding the interpretation of this Contract, these documents
shall govern in order of precedence as listed above.
E.9.
Prohibited Advertising. The Contractor shall not refer to this Contract or the Contractor’s relationship with
the Institution hereunder in commercial advertising in such a manner as to state or imply that the
Contractor or the Contractor's services are endorsed.
E.10.
Hold Harmless. The Contractor agrees to indemnify and hold harmless the Institution as well as its
officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of
action which may arise, accrue, or result to any person, firm, corporation, or other entity which may be
injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its
employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor
further agrees it shall be liable for the reasonable cost of attorneys for the Institution in the event such
service is necessitated to enforce the terms of this Contract or otherwise enforce the obligations of the
Contractor to the Institution.
In the event of any such suit or claim, the Contractor shall give the Institution immediate notice thereof and
shall provide all assistance required by the Institution in the Institution’s defense. The Institution shall give
the Contractor written notice of any such claim or suit, and the Contractor shall have full right and
obligation to conduct the Contractor’s own defense thereof. Nothing contained herein shall be deemed to
accord to the Contractor, through its attorney(s), the right to represent the Institution in any legal matter,
such rights being governed by Tennessee Code Annotated, Section 8-6-106.
E.11.
E.12.
Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it and
its principals:
a.
are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal or State department or agency;
b.
have not within a three (3) year period preceding this Contract been convicted of, or had a civil
judgment rendered against them from commission of fraud, or a criminal offense in connection
with, obtaining attempting to obtain, or performing a public (Federal, State, or Local) transaction or
grant 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
statements, or receiving stolen property;
c.
are 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 listed in section b. of this
certification; and
d.
have not within a three (3) year period preceding this Contract had one or more public
transactions (Federal, State, or Local) terminated for cause or default.
Prohibition on Hiring Illegal Immigrants. Tennessee Public Chapter No. 878 of 2006, TCA 12-4-124,
requires that Contactor attest in writing that Contractor will not knowingly utilize the services of illegal
immigrants in the performance of this Contract and will not knowingly utilize the services of any
subcontractor, if permitted under this Contract, who will utilize the services of illegal immigrants in the
performance of this Contract. The attestation shall be made on the form, Attestation re Personnel Used in
Contract Performance (“the Attestation”), which is attached and hereby incorporated as Attachment B.
If Contractor is discovered to have breached the Attestation, the Commissioner of Finance and
Administration shall declare that the Contractor shall be prohibited from contracting or submitting a bid to
any Tennessee Board of Regents institution or any other state entity for a period of one (1) year from the
date of discovery of the breach. Contractor may appeal the one (1) year by utilizing an appeals process in
the Rules of Finance and Administration, Chapter 0620.
E.13.
Sales and Use Tax. The Contractor shall be registered or have received an exemption from the
Department of Revenue for the collection of Tennessee sales and use tax. This registration requirement
is a material requirement of this Contract.
E.14.
Data Security and Access Standards. The Contractor agrees that in the course of providing services it will
follow the data security and access standards promulgated by the Tennessee State Office of Information
Resources when accessing or providing data to the Institution
E.15.
Service and Software Accessibility Standards. The Contractor warrants and represents that the service
and software, including any updates, provided to the Institution will meet the accessibility standards set
forth in WCAG 2.0 AA (also known as ISO standard, ISO/IEC 40500:2012) and will be compliant with
Section 508 of the Americans with Disabilities Act (ADA).
E.16.
Contractor Commitment to Diversity. The Contractor shall assist the Institution in monitoring the
Contractor’s performance of this commitment by providing, as requested, a quarterly report of
participation in the performance of this Contract by small business enterprises and businesses owned
by minorities, women, and Tennessee service-disabled veterans. Such reports shall be provided to the
Institution in form and substance as required by Institution.
IN WITNESS WHEREOF:
[CONTRACTOR LEGAL ENTITY NAME]:
[NAME AND TITLE]
Date
TENNESSEE BOARD OF REGENTS:
John G. Morgan, Chancellor
Date
ATTACHMENT A
CONTRACTOR’S RESPONSIBILITIES
Note: The Contractor’s Responsibilities as described below may be adjusted based on Proposer’s RFP
response.
C.1
Technical Requirements
1. Contractor shall hold certification by CISCO Systems, Inc. as a “Gold Certified Partner.” The
Contractor shall maintain its status as a “Gold Certified Partner” during the term of the resulting
Contract.
2. The Contractor shall provide only new and the latest (hardware, software, and other related parts)
models for the initial purchase of original equipment, provided by the manufacturer in the marketplace.
All subsystem components, wire, cable, and accessory hardware shall be standard products of an
established and reputable manufacturer. Used, remanufactured, rebuilt, reconditioned, or prototype
hardware or software will not be accepted as new. In all cases, replacement equipment must be
certified like new and be compatible with the existing systems software and hardware and provide
functionality equal to or greater than the equipment being replaced. Return merchandise authorization
(RMA) equipment shall be certified like new.
3. Contractor shall have an on-line, web-based ordering platform.
4. Contractor shall accept procurement cards, purchase orders, faxed orders and verbal orders.
5. Contractor shall provide a forty-eight (48) hour response time to customer service inquiries.
6. Contractor shall provide support (24x7x365) twenty-four (24) hours a day, seven (7) days a week, 365
days of the calendar year including weekends and holidays. Telephone technical support services
shall include troubleshooting hardware, software administration and component problems with the
state analyst or the integrated help desk via telephone.
7. Manufacturer telephone TAC support must be included in Smartnet.
C.2
Customer Service
C.2.1
Customer Service Plan
Institution requires personnel capable of servicing all three (3) geographic regions of the State of
Tennessee – West, Middle, and East. The Contractor’s personnel will maintain close communications
with the Institution and will be the primary contacts for the Institution. Please provide the names of
personnel that will be assigned to this account. Please give name, title, telephone number, fax number,
and email address. In addition please provide a summary of work experience of personnel and evidence
of all certifications required to provide technical support for any and all hardware, software, and services
for CISCO systems, network and security related hardware, software, management tools, and technical
support services.
1. Customer Service Response Time/Inquiries
Institution requires a forty-eight (48) hour response time to inquiries. How will Contractor handle
inquiries? Complaints? Billing Problems? Pricing Clarifications?
2. Customer Service Hours of Operation
Contractor shall state its hours of operation and toll free phone and fax numbers available to
Institution in regards to this contract.
3. Customer Service Incident Reporting
Contractor shall describe its process for providing, upon request, reports indicating pending
orders/projects and open invoices.
4. Customer Service Product Updates
Contractor shall describe the method(s) the Contractor will employ to keep the Institution’s employees
updated on new product offerings, promotions, and other Contractor-driven dissemination of
marketing information.
5. Customer Service Monitoring/Reporting
Contractor shall describe its process to continually monitor the effectiveness of the overall contract
and its impact on Institution including data collection, trends, and analyses. Contractor shall be
required to meet with Institution quarterly and provide a report (broken down by each individual
institution) of items purchased, product category, product description (including manufacturer and
model), unit price, and extended price from this Contract. In addition, Contractor will be required to
provide a final, cumulative report at the end of the potential five (5) year contract term.
6. Customer Service Technical Support and Services
Contractor shall describe its process for providing the following technical assistance, support, and
related services, as requested by Institution:
Service - Performance Requirements – Describe Contractor’s process for maintaining the
compatibility and adherence to functional requirements and specifications of all hardware and
software as offered by the manufacturer as the most current version. In addition, all system hardware
and software offered must migrate over time to later, more current manufacturer versions and
upgrades. Contractor shall ensure and will maintain responsibility that hardware and software
upgrades for hardware and software purchased
under these specifications shall adhere to this requirement.
Telephone Technical support – Describe Contractor’s process for providing support (24x7x365)
twenty-four (24) hours a day, seven (7) days a week, 365 days of the calendar year including
weekends and holidays. Telephone technical support services shall include troubleshooting hardware,
software administration and component problems with the state analyst or the integrated help desk via
telephone.
On-Site Technical Support Requirements – Describe ability for Contractor and manufacturer (CISCO
systems) to work on-site with Institution, if requested by the Institution. These on-site technical support
services provided by Contractor/manufacturer are outside the scope and not covered by the
manufacturer warranty and post warranty (Smartnet). Contractor shall provide a certified technician
and/or certified CISCO engineer to provide hands on service at Institution locations statewide, as
deemed. The services requested may include design, configuration, setup, installation, integration,
and installation of all hardware and software necessary to operate the solution. Contractor on-site
technical support service, when requested by Institution, shall be billed by a per hour charge.
CISCO services shall include the following at a minimum: technical services, advanced services, and
remote operations services. CISCO system's on-site services, when requested by Institution, shall be
billed as listed in the manufacturer's catalog.
Project Management – At the Institution’s option, Institution may request the Contractor to manage
and coordinate the ordering, shipping, delivery, installation, testing and training of CISCO systems,
network and security related hardware, software, management tools and technical support services.
The Contractor shall describe its plan to provide consistency in delivering project management
through a single point of contact.
Other Requirements -
Contractor shall provide its process for providing a single point of contact (via local Nashville, TN or
toll-free telephone number) shall be provided for technical support to the Institution.
Contractor shall provide its process for ensuring that all invoices for service must be itemized. The
Installation fee should not be included in the price of the hardware and/or software.
Manufacturer telephone TAC support must be included in Smartnet.
7. Outages
Critical Outages – Describe Contractor’s process to ensure that all critical service work will continue
until completion on all problems as long as reasonable progress is being made to correct those
problems. Contractor’s technicians will sign in and out with the designated Institution. The Contractor
will obtain Institution signature on the detailed itemized work order reporting the problem status in
writing before leaving the premises. The signed work order shall accompany Contractor invoices sent
to Institution. Failure to provide the signed work order report may delay payment for service calls.
Critical outage is an absolute emergency and urgent need and must be responded to upon
notification. Telephone technical support must be initialized within two (2) hours regardless of the day
of the week or time of day (twenty-four (24) hours a day, seven (7) days a week). All critical outage
issues shall be completed no later than twenty-four (24) hours after notification from Institution of the
urgent need for service.
Institution has the option to designate outages as being either critical or non-critical. Critical outages
shall be serviced within appropriate time period regardless of the time of day or the day of the week. It
will be the sole responsibility of Institution to designate critical outages. The Contractor does not have
the right to question if an outage is critical or not.
Non-Critical Outages - Non-critical outage is not an urgent need and service may be scheduled or
performed within the guidelines of the specifications, at the time the request is made by Institution.
Describe the Contractor’s process for responding within twenty-four (24) business hours Ii an on-site
visit is required, for non-critical outages. Additionally, describe Contractor’s plan for ensuring that
repairs are accomplished, during Institution’s normal business hours. The technical support team
must include the point of contact, representative for each level of contractor management, including
escalation procedure staff that are certified to provide services required for the contract. Provide the
names, e-mail addresses, telephone numbers and fax numbers for Contractor’s proposed technical
support team:
Note: One (1) individual must not hold more than two (2) titles of the below listed titles. Institution
requires a single point of contact for each title. If a listed title does not have an individual as point of
contact; please place "vacant" in that title. All telephone numbers provided should be local or toll free.
ACCOUNT SERVICE MANAGER
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
CONTRACTOR TELEPHONE TECHNICAL SUPPORT
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
MANUFACTURER TELEPHONE TECHNICAL SUPPORT
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
FIELD SERVICE REPRESENTATIVE
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
The Contractor shall provide updated information for the above requested contacts throughout the
entire contract period and renewals thereof.
8. Escalation Procedures
Contractor shall describe its escalation procedures to ensure that after the Field Technician arrives
on-site and if the problem or failure has not been corrected after two (2) clock hours, the contractor's
field service representative shall notify the Contractor's or manufacturer's TAC (Technical Assistance
Center) Manager. The time period starts when work on the failed equipment, hardware, and/or
software begins.
If the problem/failure has not been corrected after four (4) clock hours, the TAC Manager will escalate
the problem to TAC escalations group. Escalations group support will commence immediately.
If the problem/failure cannot be resolved the same business day as dispatch of Contractor’s field
service representative, the Contractor’s escalation group will open a service request with tier two or
higher level of manufacturer TAC.
Regional technical support management will determine if on-site regional technical support is
required. If required, on-site regional technical support must be immediately dispatched.
Regional contractor management will communicate by telephone with the site operations manager on
the problem disposition every two (2) clock hours until the problem or failure is resolved.
C.2.2
Catalog Requirements
Describe The Contractor’s process for ensuring that the Contractor’s catalog submitted with this Request
for Proposal (RFP) and all supplements received after award, shall not contain any of the Contractor’s or
manufacturer's terms and conditions.
The published catalog (Contractor's or manufacturer’s) may contain items not considered relevant to this
Contract. Institution requires Contractor to provide a complete catalog of offered products and services
pertaining to and/or authorized relating to and available for CISCO systems, network and security related
hardware, software, management tools, and technical support services in compliance with the scope of
this RFP. The catalog offerings must be provided for the duration of the Contract and renewals thereof
and shall include the current available products and services.
The Contractor will be allowed to update the approved catalog up to two (2) times a year, each year during
the term of the contract and renewals thereof. These updates are used to change catalog item pricing and
product numbers in accordance with the terms and conditions of the original bid document. However, an
unlimited number of supplements to the existing catalog may be submitted with approval from Institution’s
Central Office. The supplement is to be used for adding products and services not available at the time of
award, but which fall within the scope of the original specifications.
Describe if Contractor has the ability to provide an electronic USB flash drive and make available to users
upon award. The electronic USB flash drives should include the latest version of the catalog detailing
CISCO systems, network and security related hardware, software, management tools, and technical
support services pricing, part/catalog number to include configuration options and service offerings. An
updated electronic catalog must be provided, if available, to Institution as necessary.
1. Catalog Categories
Institution requires all Contractors to provide with their Proposal a complete catalog of products to
include the following categories:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
CISCO services
CISCO IOS software
Interfaces and modules
Interoperability systems
Network management
Optical networking
Routers and routing systems
Security hardware and software
Server networking and virtualization
Service exchange
Storage networking
Switches
Universal gateways and access servers
Wireless adapter modules
CISCO Smartnet
Networking software
2. CISCO services products (or the current replacement or upgrade) to include, at a minimum, the
following:
a. Full range of technical services
b. Full range of advanced services
c. Full range of remote operations services
3. CISCO IOS software products and accessories (or the current replacement or upgrade) to include, at a
minimum, the following
a. CISCO IOS technologies includes broadband, IOS IP mobility, IOS security, high availability, IP
multicast, IP routing and services, ipv6, management instrumentation, multiprotocol label
switching (MPLS), quality of service (QOS), and virtual private networks (VPNS).
b. CISCO IOS software releases includes versions: 15.0 family,12.4 family, 12.3 family, 12.2 family,
12.2 s
family, 12.1 family, and 12.0 family.
c. CISCO IOS XR software releases
4. CISCO interfaces and modules products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. Application networking services modules, ethernet switching network modules, multiprocessor
WAN application modules, network modules, network processor modules, optical service
modules, security modules, service modules, storage networking modules, transceiver
modules, wan switching modules, and wavelength division multiplexing (WDM) transmission
modules.
Broadband processing engines, interface processors, network processing engines, route
processors and route switch processors, and versatile interface processors.
b. High-speed wan interface cards, interface cards, line cards, optical transponders, port adapters,
power supply, service adapters, shared port adapters/spa interface processors, universal
broadband router line cards, universal serial bus (USB) cards, and wan interface cards.
5. CISCO interoperability systems products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. 7800 series media convergence servers, IPICS deployment options, IPICS operational views,
PICS phone client, IPICS PMC client software, IPICS policy engine, and IPICS server software.
6. CISCO network management products and accessories (current replacement or upgrade) to include,
at a minimum, the following:
a.
b.
c.
d.
e.
f.
Full range of CISCO datacenter management products.
Full range of CISCO network analysis and planning products.
CISCO network configuration and change management products.
CISCO network management services modules.
CISCO optical management.
Other CISCO network management products that include application deployment engine, internet
operation support systems (OSS) for broadband cable, license manager, and router web setup
tool.
g. CISCO routing and switching management
h. Active network abstraction products, active network abstraction software development kits
(SDKS), assurance managers, info center products, IP solution center products, network
connectivity center products, CISCOWORKS LAN management solution bundle, CISCOWORKS
LAN management solution extensions, diagnostics expert products, element management
systems, multicast management, programmatic interfaces, and WAN management.
i. Full range of CISCO security and identity management products.
j. Full range of CISCO small and medium business network management products.
7. CISCO optical networking (or the current replacement or upgrade) to include, at a minimum, the
following:
a. Long haul/extended long haul, metro core, metro DWDM, metro edge/access, and optical
accessories
b. Full range of CISCO optical network systems products and accessories (or the current
replacements or upgrades) to include the following model series and not limited to: CISCO ONS
15100 series, ONS 15200 series, ONS 15300 series, ONS 15400 series, ONS 15500 series, ONS
15600 series, ONS 15800 series, NCS 4000 and 2000, ONT 1000 series, lightstream
asynchronous transfer mode (ATM) switches series, and catalyst 8500 series multiservice switch
routers.
8. Full range of CISCO router products to consist of a minimum of the following: modular, fixedconfiguration, integrated service routers, broadband routers, multi-service access routers, digital
subscriber line (DSL) routers, asymmetric digital subscriber line (ADSL) routers, and integrated
services digital network (IDSN) remote node products. Router and network hardware and software to
include the following areas:
a. Full range of CISCO routers (current replacements or upgrades) in the following model
series: CISCO 12000, 10700, 10000, 7600, 7500, 7300, 7200, 6000, 3800, 3700, 3600, 3200,
2800, 1900, 800, carrier routing systems, ASR 9000, 1000, 900 routers, and XR 12000 router
series.
9. CISCO security products and accessories (or the current replacement or upgrade) to include, at a
minimum, the following:
a. CISCO anomaly detection and mitigation products that includes:
(1) Anomaly detection and mitigation appliances, distributed denial of service (DDOS)
management systems, and anomaly detection and mitigation integrated switch/router service
modules.
b. Full range of application optimization and security products
c.
CISCO compliance validation product includes:
(1) CISCO clean access, trust agent, and network admission control-enabled products.
d. Full range of CISCO endpoint security products
e. CISCO firewall products includes:
(1) Firewall appliances, firewall integrated switch/router services, firewall management,
integrated router security.
and
e. Full range of CISCO identity management products
f.
CISCO integrated router/switch security products includes:
(1) Integrated router security and integrated switch security
g. Full range of multifunction security products
h. CISCO network intrusion prevention products includes:
(1) CISCO incident control systems, intrusion prevention
system, IPS appliances, IPS integrated switch/router services, IPS
management, and integrated router security.
i.
Cisco security management products includes:
(1) Device management, management applications, and security
information management.
j.
Cisco virtual private networks (VPN) products includes:
(1) Integrated router security, VPN clients, VPN appliances,
VPN integrated switch/router services, VPN management, virtual
network computing, CISCO security information management solution,
CISCOWORKS VPN/security, and CISCOWORKS security information
management solution.
10. CISCO server networking and virtualization products and accessories (or the current replacement or
upgrade) to include, at a minimum, the following:
a. CISCO Infiniband host channel adapters and software drivers, server fabric software, and server
fabric switches.
11. CISCO service exchange products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. CISCO service control products includes:
(1)
(2)
(3)
CISCO service control application suite and CISCO service control engines
Full range of dynamic identity management products
Full range of policy management products
12. CISCO storage networking products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. CISCO MDS 9000 multilayer directors and fabric switches, and CISCO wide area file service
(WAFS) software and file engine series appliances
13. CISCO switch products and accessories (or the current replacement or upgrade) to include, at a
minimum, the following:
a.
b.
c.
d.
e.
Full range of ATM switch products
Full range of blade switch products
Full range of lAN network management products
Full range of IAN switch products
Full range of metro Ethernet switch products
14. CISCO WAN switch products includes:
a. MGX switches and other WAN switching products
15. CISCO universal gateways and access servers (or the current replacement or upgrade) to include, at
a minimum, the following:
a. Full range of CISCO universal gateways and access servers’ products and accessories (or the
current replacements or upgrades) to include, at a minimum, the following: 200 series software,
800 series software, LAN2LAN software, AS5400 series software, AS5850 series software,
AS5400 series universal gateways, and AS5800 series universal gateways.
b. CISCO wireless modules, adapter related software, and
accessories.
c. CISCO support services shall include the following:
(1) CISCO Smartnet, including CISCO connection online (CCO), CISCO connection
technical assistance (TAC), and CISCO documentation CD ROM.
16. Technology Additions to Catalog
a. Hardware, software, and components acquired under a contract and subsequently modified by the
Contractor to enhance their capabilities shall, for the duration of this contract and any renewals
and/or extensions thereto, maintain full compatibility with equipment, systems, services and
components previously acquired under the contract.
b. The Contractor shall describe any technology changes, provide a clear technical, and cost
migration path to future standards-based developments by the manufacturer and by the industry
in general.
c. Technology additions, and insertion of additional item(s) within the original scope of the contract
will be conditionally accepted, by Institution, based on the following conditions:
(1) Detailed information related to upgrades on hardware and software for applicable components
bid or new technology being inserted must be supplied; and the functional, technical and
performance characteristics of the substituted item must be equal to or better than the item
being replaced; and the substituted item must meet or exceed the technical and operational
requirements as specified herein; and
(2) The substituted item must have been formally announced by the Contractor or manufacturer
as being a standard, commercially available offering; and
(3) The Contractor shall provide Institution with detailed information to substantiate compliance to
the above conditions.
17. Upon acceptance by Institution, any addition, insertion and/or substituted item will become a catalog
item for this contract, subject to the provisions herein.
18. During the contract period and renewals thereof, if manufacturers' model number changes occur, or
hardware, software, components and/or replacement parts are discontinued, equal or better hardware
and software substitutions must be supplied and approved by Institution addition or substitution of
hardware and/or software in the catalog prior to allowing the Contractor to offer the items.
19. For each model offered in the catalog, provide the applicable range of options for processors in each
series, I/O controller options, transceiver adapters, port and service adapters, encryption software
options, channel port adapter software.
20. Required adapters, relevant interfaces and modules, flash cards, USB flash storage, memory
modules, power cords, power supplies, cables, connectors for each model included in the catalog.
C.2.3
Order Placement
1. Minimum Quantities/Amounts
Contractor shall describe its minimum quantities/amounts order placement process, to include not
requiring minimum quantity limitations for products proposed.
2. Ordering Tools
Contractor shall describe its ordering tools, at a minimum, Contractor shall include the following:
a. A comprehensive catalog of products. A copy of this catalog, electronic is preferred if available,
must be included with Contractor’s Technical Proposal. At a minimum, annual updated catalogs
are to be provided to the Institution.
b. On-line Ordering Platform
In addition to a catalog, Contractor shall offer an on-line, web-based ordering system. The system
must be secure and password protected to ensure that the Institution is not at risk from
unauthorized persons placing orders in the name of the Institution Departments as well as
unauthorized capture or obtaining transmitted Institution data from the network or Internet. The
Contractor will hold the Institution harmless if Contractor’s security is breached and unauthorized
purchases are made which were not as a result of Institution negligence.
The on-line system must have all items covered by the resulting contract with the net discount
price to the Institution. An online picture of most catalog items is required.
Address information will be entered on-line including but not limited to, name of person placing
order, department name, address including building name and phone number.
The Contractor shall keep the on-line, web-based ordering system current. Contractor shall
include in its RFP response information regarding the frequency of web-site maintenance and
down-time to the Institution. It is preferred that system maintenance not occur during the hours of
8:00am and 4:30pm in central and eastern time zones.
The Institution must have online access to all order transactions in order for the Institution to
compile ad hoc reports as needed. The minimum information required shall be Institution
department name, account number, date of transaction, items ordered, quantity ordered, catalog
number, cost, and name of person placing order.
c.
Contractor shall indicate in its Proposal Response what ordering options are available for those
with disabilities.
3. Ordering Documentation.
Contractor shall describe its process for ordering documentation, to include the following:
a. Literature. Contractor shall provide, upon request and at no additional cost, as many brochures,
catalogs, price lists, and other ordering aids as deemed necessary by the ordering institution.
b. Samples. Institution may request samples of products, provided at no cost, prior to making a final
determination of purchase.
And any other ordering aids as deemed necessary by the ordering institution for products proposed.
4. Ordering Methods
In addition to the on-line ordering platform, Contractors must describe its process for accepting orders
via telephone, mail, and fax. Additionally, Contractor shall describe its process for accepting
procurement cards, purchase orders, fax orders, and verbal orders. For purposes of the contract
resulting from this RFP, an order shall be considered placed with the Contractor by being transmitted
and received by electronic transmission, telephone, fax, or receipt of a purchase order.
5. Ordering Times
Contractors shall describe its process for ensuring that on-line ordering will be available 24/7.
Contractor shall also describe its process for all other ordering methods to include its process allowing
orders to be placed during regular working hours, Monday-Friday, 8:00AM to 4:30PM CT and ET time
zones. Contractor shall state its time of operation in this section, but such times are not to be less
than those hours stated above.
6. Order Placement/Acknowledgement
Contractor shall describe its process for providing Institutions not utilizing the on-line ordering
platform, a Statement of Work identifying aIl products and services that have been requested by an
Institution. The Statement of Work must clearly identify separate line items for the following:
a.
b.
c.
d.
e.
C.2.4
Hardware or Equipment
Software
Software Licenses
Services
Training
Deliveries/Returns/Back Ordered Items
1. Delivery Times
Contractor shall describe its normal daily delivery times for deliveries to each Institution.
2. Desktop Delivery
Contractor shall describe its process for delivering all orders directly to the ordering office or
designated point of delivery (including off-campus sites).
3. Contractors shall describe its process for ensuring that all prices are to be F.O.B. Destination with
freight and delivery charges included. Title of item(s) does not transfer to the Institution until accepted
as provide by a delivery receipt signed by the ordering office/department.
4. Contractors shall describe its process to ensure that deliveries are to be made only in quantities
ordered by Institution.
5. Delivery Confirmation
Contractor shall describe its process to ensure that Contractor’s delivery personnel shall have the
Institution’s department sign a delivery/packing slip. A packing slip or other transmittal document shall
accompany each order. Multiple copies of such document are requested to enable the ordering
department and the Contractor to have signed delivery acceptance documentation. Priced delivery
tickets are required to allow departments to quickly scan the document for errors.
6. Damaged Deliveries
Contractor shall describe its process pertaining to damaged deliveries; to include the Contractor being
responsible for packaging all items necessary to safeguard such items from damage during shipment.
Deliveries of damaged merchandise, incorrect items or quantities, or “stale” merchandise shall be
corrected the next business day or in the same number of days as the same delivery category the
merchandise originated within.
7. Damage to Institution
Contractor shall describe its process regarding damage to the Institution, including the Contractor
being responsible for the repair and/or replacement involving any damages to state property during
deliveries/installations.
8. Returns
Contractor shall describe its process regarding returns, to include that all returns will be made to
Contractor from Institution departments and credits for returns will be made to returning department.
Additionally, Contractor’s process shall include language ensuring that Contractor shall not charge a
restocking fee for returns by Institution. Contractor to include a copy of the Contractor’s return policy
with its Technical Proposal response.
9. Back-Ordered Items
Contractor shall describe its process for dealing back-ordered items, to include language which states
that if an item is on backorder (not scheduled for delivery for 5 business days), Contractor will notify
ordering department for the ordering department to make a determination to accept late delivery or
cancel the item from the order.
C.2.5
Invoicing/Billing & Payment
1. Contractor shall describe its process for invoicing/billing & payment, to include Contractor’s
understanding that the Institution considers payment of invoices when merchandise is received and/or
installed, not when items are shipped.
2. Contractor shall describe its process to include Contractor’s understanding that for all nonprocurement card orders, Contractor shall provide Institution with an itemized invoice for supplies for
each individual order.
3. Contractor shall describe its process for ensuring that invoices shall be sent in triplicate, no variances
will be allowed and the invoice amount must equal order amount. Substantial errors made by the
Contractor will be taken under consideration, upon request, by each occurrence.
4. Contractor shall describe its process to ensure that statements summarizing invoice numbers or
activity will not be acceptable. Additionally, the process must describe its understanding that payment
will not be made from a statement of account.
5. Contractor shall describe its process including its understanding that a combination packing
list/invoice is not desired, as Institution accounting controls would be breached.
6. Contractor shall describe its process to ensure that the Institution may consolidate payment of
invoices, wherever applicable.
7. Contractor shall describe its process including an acknowledgement that he Institution is governed by
the Tennessee Prompt Pay Act of 1985 which allows 45 days for payment of invoice. It is common
practice to pay all legitimate charges within a thirty (30) day period from receipt of undisputed invoice.
8. Contractor shall describe how its process will recognize that the Institution is exempt from federal
excise taxes and from state sales tax. Exemption certificates will be provided upon request.
C.2.6
Hardware/Software Requirements
1. Contractor shall describe its process pertaining to hardware/software requirements to include all
hardware must (where appropriate) use industry-standard interfaces.
2. Contractor shall describe its process pertaining to hardware/software requirements to include all
offered equipment, options and hardware must be identified by model number and CISCO
nomenclature.
3. Contractor shall describe its process pertaining to hardware/software requirements to include all
hardware delivered must be accompanied by complete industry standard owner's/operator's manuals,
installation instructions, and technical documentation for such product.
4. Hardware Technical requirements
Contractor shall describe its process pertaining to hardware technical requirement to include
maintaining the compatibility and adherence to functional requirements and specifications of all
hardware, regardless of changes by the manufacturer in product specifications or operational
characteristics. All hardware, as delivered, must meet current manufacturer's specifications.
5. Software/Operating Systems Technical Requirements
Contractor shall describe its process pertaining to software/operating systems technical requirements
to include maintaining the compatibility and adherence to functional requirements and specifications of
all system software as offered by the manufacturer as the most current version. In addition, during the
term of the contract all system software offered must migrate over time to later, more current
manufacturer versions and upgrades. The Contractor shall ensure that system software upgrades for
systems and services purchased under these specifications will adhere to this requirement. Software
must be compatible with Institution’s latest operating system and must be contained in compact disk
media or be downloadable from the Contractor’s or manufacturer's website.
C.2.7
Installation Requirements
Turnkey installation shall be defined as a system (hardware and/or software) package that has been built,
installed or supplied by the original equipment manufacturer (OEM) complete and ready to operate.
Contractor shall describe its process to ensure that Contractor’s installation is defined as hardware,
software, and replacements (hardware, software, and parts) requiring the Contractor to install. The
Contractor will also be required to provide installation at a location designated by Institution.
Installation has been broken down into three (3) categories as follows.
1. Initial installation
2. Update/upgrade installation
3. Replacement, repair or maintenance installation
Upgrades/updates shall be defined as upgrading/updating the system hardware and/or software including
recurring (24x7) support, configurations and maintenance during the term of the contract and renewals
thereof.
Software subscriptions shall be defined as any licensure required of software necessary for contract
compliance.
At the request of the Institution, the Contractor shall install both new and replacement parts, hardware,
software, and/or other related components at Institution locations. Installation and testing, when required,
shall be complete and turnkey (supplied, installed in a condition ready for immediate use) in accordance
with the manufacturers specifications. Installation may be required for all hardware, software, replacement
hardware, software and/or other related components in conjunction with maintenance and repair.
C.2.8
Training
Describe Contractors process to include its understanding that Institution requires the Contractor to
provide in their catalog all types and levels of CISCO systems training. The training in the catalog must be
provided by an authorized CISCO learning partner. The training classes must be led by a certified CISCO
systems instructor and provide CISCO authorized and approved content. The types of training will include
product specific training, technology training, customized technical user training, and certification
preparation training courses for all levels. Customized technical user training is specialize technical
training that is needed for product, solution, or services that is/will be in the Institution’s environment that
are unique and can't be covered by standard CISCO system training. Certification preparation training
courses shall include all types and levels of training that include: expert (CCIE and CCDE), professional
(CCSP, CCNP, CCVP, CCIP, CCDP), associate (CCNA, CCDA, CCENT), and specialist (security and
VPN, IP communications, wireless LAN, SAN, service provider, service provider operations, advanced
routing and switching, data center).
C.2.9
Warranty Service and Warranty Related Requirements
1. Describe Contractors warranty service and warranty related requirements process to include warranty
start date - warranty becomes effective the date of delivery.
2. Describe Contractors warranty service and warranty related requirements process to include all
hardware, software, and services performed shall be covered under a twelve (12) month warranty by
the Contractor, no matter what the manufacturer's warranty period may be. If the manufacturer
provides a warranty period less than the required twelve (12) months by the state; the Contractor is
required to provide Institution with the remainder of the warranty period required. If the manufacturer
provides a manufacturer's warranty for a period longer than the requested twelve (12) months; the
Contractor shall honor the longer warranty and provide the full term of the manufacturer's warranty.
3. Describe Contractors warranty service and warranty related requirements process to include during
the warranty period, the Contractor shall replace or repair failed hardware or software at no additional
cost to Institution, unless the failure resulted from misuse or negligence on the part of Institution or
force majeure. Pricing requirements for completing maintenance repairs shall be billed using the rates
defined for catalog replacement parts and labor.
4. Describe Contractors warranty service and warranty related requirements process to include warranty
replacement hardware must be equal to, or better, or of the same make and model as, the hardware it
replaces, and in all cases, compatible with the existing system hardware and software. Software
replacement must be of the same release, or higher, than that being replaced, and in all cases,
compatible with the existing system software and hardware.
5. Describe Contractors warranty service and warranty related requirements process to include
Contractor honoring all warranties extending beyond the expiration or cancellation of this contract as if
the contract were still in effect on all hardware, software, replacement hardware and software.
ATTACHMENT B
ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE
CONTRACT NUMBER:
CONTRACTOR LEGAL ENTITY NAME:
FEDERAL EMPLOYER IDENTIFICATION NUMBER:
(or Social Security Number)
The Contractor, identified above, does hereby attest, certify, warrant, and assure that the
Contractor shall not knowingly utilize the services of an illegal immigrant in the
performance of this Contract and shall not knowingly utilize the services of any
subcontractor who will utilize the services of an illegal immigrant in the performance of
this Contract.
SIGNATURE & DATE:
NOTICE: This attestation MUST be signed by an individual empowered to contractually bind the
Contractor. If said individual is not the chief executive or president, this document shall attach
evidence showing the individual’s authority to contractually bind the Contractor.
ATTACHMENT C
CONTRACT RATES
Note: Contractor’s rates to be added upon contract award. Proposers to fill out cost
information on Attachment 6.6 only, not on this Attachment C.
Request for Proposal 14-0053
CISCO Equipment, Network Software and Services
D.1
Core Lists
Proposer shall provide pricing for the following core list of items:
Item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Description
GLC-ZX-SMD
GLC-T
GLC-LH-SM
GLC-SX-MMD
WS-C6509-E
WS-C6509-E-FAN
WS-X6704-10GE
WS-F6700-CFC
XENPAK-10GB-SR
WS-CAC-6000W
CAB-7513AC
VS-S720-10G-3CXL
VS-S720-10G
X2-10GB-SR
WS-X6724-SFP
WS-C4506-E
WS-X45-SUP6-E
X2-10GB-CX4
WS-X4624-SFP-E
PWR-C45-1300ACV
PWR-C45-1300ACV/2
N7K-C7010-BUN
CISCO2921/K9
HWIC-1DSU-T1
WS-C3560X-24T-L
WS-C3560X-48T-L
WS-C3560X-24P-L
WS-C3560X-48P-L
WS-C3560X-48PF-L
WS-C3560X-24T-S
WS-C3560X-48T-S
WS-C3560X-24P-S
Year 1
Year 2
Year 3
Year 4
RATES TO BE PROVIDED ON
EXCEL SPREADSHEETS
Year 5
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
WS-C3560X-48P-S
WS-C3560X-48PF-S
WS-C3560X-48PF-E
WS-C3560X-48P-E
WS-C3560X-24P-E
WS-C3560X-48T-E
WS-C3560X-24T-E
C3KX-NM-1G
C3KX-NM-10G
C3KX-NM-1G
C3KX-NM-10GT
C3KX-NM-10GT
C3KX-NM-10G
C3KX-NM-BLANK
C3KX-SM-10G
C3KX-SM-10G
C3KX-PWR-350WAC
C3KX-PWR-715WAC
C3KX-PWR-1100WAC
C3KX-PWR-440WDC
SFP-10G-LR
SFP-10G-SR
SFP-10G-LRM
SFP-H10GB-CU1M
SFP-H10GB-CU3M
SFP-H10GB-CU5M
SFP-H10GB-CU3M
WS-C3750X-24T-L
WS-C3750X-48T-L
WS-C3750X-24P-L
WS-C3750X-48P-L
WS-C3750X-48PF-L
WS-C3750X-24T-S
WS-C3750X-48T-S
WS-C3750X-24P-S
WS-C3750X-48P-S
WS-C3750X-48PF-S
WS-C3750X-12S-S
WS-C3750X-12S-E
WS-C3750X-24S-S
WS-C3750X-24S-E
WS-C3750X-48PF-E
WS-C3750X-48P-E
WS-C3750X-24P-E
RATES TO BE PROVIDED ON
EXCEL SPREADSHEETS
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
D.2
WS-C3750X-48T-E
WS-C3750X-24T-E
WS-C2960X-48TS-LL
WS-C2960X-24TS-LL
WS-C2960X-24PS-L
WS-C2960X-48LPS-L
WS-C2960X-48FPS-L
WS-C2960X-24TS-L
WS-C2960X-48TD-L
WS-C2960X-48TS-L
WS-C2960X-24TD-L
WS-C2960X-24PD-L
WS-C2960X-48LPD-L
WS-C2960X-48FPD-L
C2960X-STACK
AIR-CAP1552E-A-K9
AIR-CAP3602I-A-K9
AIR-CAP3602I-AK910
AIR-CAP2602I-A-K9
AIR-CAP2602I-AK910
AIR-CAP1602I-A-K9
MR18-HW
MX60-HW
MR34-HW
LIC-ENT-3YR
LIC-MX60
RATES TO BE PROVIDED ON
EXCEL SPREADSHEETS
Percentage
Discounts
Proposer shall provide percentage discounts for the following categories:
1. Hardware,
software and
documentation
2. Maintenance
Hourly Rates
Proposer shall provide Hourly Rates for the following categories:
3. Hourly rate for onsite technical support
services,
4. Hourly rate for onsite post warranty
work requests during
normal business
hours,
5. Hourly rate for onsite post warranty
work requests at the
overtime rate.
ATTACHMENT D
Percentage Discounts and Hourly Rates*
DESCRIPTION
1
2
3
4
5
Rate
Percentage Discount from List off Catalog for
Hardware, Software and Documentation
Discount
%
Percentage Discount from List for Maintenance
Discount
%
On-Site Technical Support Services
Price
$/hour
Hourly Rate for On-Site Post Warranty Work Requests
(normal business hours)
Price
$/hour
Hourly Rate for On-Site Post Warranty Work Requests
(overtime rate)
Price
$/hour
*Prices of products may only be increased annually by mutual agreement of the Contactor and the Institution.
ATTACHMENT E
LEASING
The Institution shall have the option to select a leasing option for any or all proposed equipment, software,
systems, and services. The Contractor’s lease options shall specify a fixed monthly lease payment, which shall
include all proposed fees related to the hardware, software, third party products, consulting and training services,
travel, maintenance, licensing, installation service, and update costs for each year during the term of the proposed
lease.
The Contractor shall be responsible for negotiating, managing and contracting with CISCO for products and/or
services that are part of this Agreement.
The Institution shall have two (2) leasing options:
1) The right to purchase any leased equipment at the end of the lease term for its Fair Market Value (“FMV”).
The parties will use their reasonable judgment to determine the FMV.
Lease Term
Payments per year
Lease Rate Factor *
24 months
12
36 months
12
48 months
12
60 months
12
*For each specific lease, the factors shall not exceed those stated above.
2) The right to purchase any leased equipment at the end of the lease term for one dollar ($1.00).
Lease Term
Payments per year
Lease Rate Factor *
24 months
12
36 months
12
48 months
12
60 months
12
*For each specific lease, the factors shall not exceed those stated above.
The Contractor shall utilize the attached Master Lease Agreement (Attachment E-1) for all lease contracts
resulting from this Agreement.
ATTACHMENT E-1
MASTER LEASE AGREEMENT
BETWEEN
AND
__________________________ (LESSEE)
DATED: ____________
1. LEASE. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the personal property
including intangibles (the “Equipment”) described in one or more Rental Schedules (herein called
“Schedule(s)”) to this Master Lease Agreement (“Agreement”).Each such Schedule incorporates by this
reference the terms and conditions set forth in this Agreement and constitutes a separate lease (the “Lease”).
The lease of Equipment under each Lease shall be for such term and such rents as may be agreed to by
execution of the Schedules. By signing this Agreement and any Schedules thereto, Lessee acknowledges and
agrees that: (i) it has read and understands the terms and conditions of the same; (ii) each Lease becomes
effective only upon written acceptance by an authorized employee of Lessor; (iii) each Lease is a net lease; (iv)
it cannot cancel the Lease; (v) it has an unconditional obligation to make all payments due under the Lease,
except as provided in Section 8; (vi) it cannot withhold, set off or reduce such payments for any reason
including the condition or performance of the Equipment; (vii) it will use the Equipment only for business
purposes;(viii) the person signing the Lease has the authority to do so and (ix) it entered into the Lease rather
than to purchase the Equipment. Nothing in this Lease shall be construed as a waiver of the rights of the
people of Tennessee, including Lessee’s rights against the supplier or manufacturer.
2. WARRANTIES. With regard to this Section 2 and to the extent permitted under Tennessee law, Lessor is
leasing the equipment to the Lessee “as-is”. Lessee acknowledges that the Lessor does not manufacture the
equipment, Lessor does not represent the manufacturer or the supplier, and Lessee has selected the
equipment and suppliers based upon Lessee’s own judgment. Lessor makes no warranties, express or
implied, nor warranties of merchantability or fitness for a particular purpose or otherwise. Lessee agrees that
neither supplier nor any salesperson, employee or agent of supplier is Lessor’s agent or has any authority to
speak for Lessor or to bind Lessor in any way. Lessor transfers to Lessee for the term of the applicable
schedule any warranties made by the manufacturer(s) or supplier(s) under a supply contract.
3. ORDERING EQUIPMENT, DELIVERY AND ACCEPTANCE. Lessee acknowledges that it selected the
Equipment without any input or responsibility of Lessor. After delivery, Lessor’s sole obligation under this
Lease shall be to accept payments under this Lease and to arrange for the delivery of the Equipment to
Lessee. Lessee shall inspect the Equipment immediately upon Lessee’s receipt of the Equipment to
determine if it is in good working condition. The Equipment will be deemed accepted by Lessee upon the
earlier of: (i) the date of delivery of the Equipment to Lessee unless Lessee notifies Lessor in writing, within 10
days after equipment delivery, of Lessee’s non-acceptance or (ii) the delivery to Lessor of a signed Certificate
of Acceptance (Schedule C) of Leased Equipment if requested by Lessor (“Acceptance Date”).
4. TERM AND RENT. The term of each Lease commences upon the date on which the Equipment is
delivered to Lessee (whether or not accepted) and ends upon the expiration of the number of months specified
in the applicable Schedule under “Initial Term of Lease (Months)” after the Rental Commencement Date.
Lessee authorizes Lessor to insert in the applicable Schedule as “Rental Commencement Date” the date when
the Equipment is delivered to Lessee or any later date selected by Lessor. The Lessee shall pay as rent under
any applicable Schedule the Amount of Each Rental Payment, (“Rent”). The first rental payment is due at the
end of each calendar month after the Rental Commencement Date, and each remaining periodic rental
payment is due on the same day of each payment period thereafter for the initial term of the Lease. Each
invoice shall be sent 30 to 45 days prior to due date. Additionally, Lessee shall upon demand pay, as Rent,
daily interim rent, on all Equipment subject to each Lease, for the period from the date of delivery of Equipment
to and including the day immediately preceding the Rental Commencement Date. The interim rent will be
calculated on a 360 day year. No portion of any rental payments shall be deemed to constitute payment for any
equity interest in the Equipment. If any payment due under a Lease is not paid within fifteen (15) days of its
due date, Lessee shall pay Lessor a late charge not to exceed 10% of each late payment (or such lesser rate
as is the maximum rate allowed by Tennessee law.
5. EQUIPMENT LOCATION; USE AND REPAIR; RETURN. Lessee will keep and use the Equipment only at
the Equipment Location shown on the applicable Schedule. Lessee may not move the Equipment without
Lessor’s prior written consent. At Lessee’s own cost and expense, Lessee will keep the Equipment eligible for
any manufacturer’s certification, in compliance with all applicable laws and in good condition, except for
ordinary wear and tear. Lessee will not make any alterations, additions or replacement to the Equipment
without Lessor’s prior written consent. All alterations, additions and replacements will become part of the
Equipment and Lessor’s property at no cost or expense to Lessor. Lessor may inspect the Equipment at any
reasonable time. Unless Lessee purchases the Equipment at the end of the Lease, Lessee will immediately
surrender the Equipment to Lessor in as good condition as when Lessee received it, except for ordinary wear
and tear.
6. TAXES. Lessee is tax exempt and proof thereof, is attached hereto.
7. PURCHASE OPTION; AUTOMATIC RENEWAL. If no default exists under the Lease, Lessee will have the
option at the end of the Initial or any renewal term to purchase all or part of the Equipment as shown on the
applicable Schedule for its Fair Market Value ("FMV") or for one dollar ($1.00) together with any accrued but
unpaid late charges pursuant to Section 4 of the Agreement. Lessee must give Lessor at least 90 days written
notice (but not more than 150 days) before the end of the Initial Term that Lessee will purchase the Equipment
or that Lessee will surrender the Equipment to Lessor. If Lessee does not give Lessor such written notice or if
Lessee does not purchase or surrender all of the Equipment in accordance with the terms and conditions of
the Lease, the Lease will automatically renew for an additional 3 month term and thereafter renew for
successive one month terms until Lessee delivers the Equipment to Lessor or purchases the Equipment.
During such renewal(s) the Amount of Each Rental Payment will remain the same. The parties shall use their
reasonable judgment to determine the Equipment’s FMV. Upon payment of the “Purchase Option” price to
Lessor, To the extent permitted under Tennessee law, Lessor shall transfer its interest in the Equipment to
Lessee “AS IS, WHERE IS” without any representations or warranties whatsoever, and the Lease will
terminate.
8. LOSS OR DAMAGE. Upon delivery Lessee shall bear all risk of loss associated with an item of Equipment,
including the theft, destruction, or damage. No such loss shall relieve Lessee from any of its obligations under
the Lease. In the event of any loss with respect to particular Equipment, Lessee shall either: (a) place such
Equipment in good repair, condition and working order, (b) replace such Equipment with like equipment (of the
same year, make, model and accessories, or if necessary, similar replacement equipment of equal value
which meets the same functionality requirements) in good repair, condition and working order, or (c) pay to the
Lessor the Stipulated Loss Value of such Equipment. The “Stipulated Loss Value” for particular Equipment
shall be an amount equal to: (i) the total of all Rent and any other amounts, if any, due with respect to such
Equipment as of the date of payment of the Stipulated Loss Value, plus (ii) all future Rent with respect to such
Equipment, plus (iii) the then estimated FMV of such Equipment as of the end of the Initial Term of Lease for
such Equipment (assuming no prior loss or damage).
9. INSURANCE. For purposes of this agreement, the state’s Self-Insurance Program shall satisfy the liability
insurance coverage requirements. TBR will provide a Certificate of Self-insurance for the liability coverage and
a Certificate of Insurance for the property coverage issued through the State’s property insurance carrier. All
policies of insurance carried by Lessee, whether primary or excess, shall be primary as to any policies
maintained by Lessor.
10.
TITLE. Lessor is the owner of and will hold title to the Equipment. Lessee will keep the Equipment free
of all liens and encumbrances.
11.
DEFAULT. Each of the following is a “Default” under the Lease: (i) Lessee fails to pay any Rental
Payment or any other payment within (15) fifteen days of its due date; (ii) Lessee does not perform any of
Lessee’s other obligations under the Lease; (iii) Lessee becomes insolvent, dissolves, assigns its assets for
the benefit of creditors, or enters any bankruptcy or reorganization proceeding.
12.
REMEDIES. If a Default occurs, Lessor may do one or more of the following: (i) Lessor may cancel or
terminate the Lease(s); (ii) Lessor may require Lessee to immediately pay Lessor, as compensation for loss of
Lessor’s bargain and not as a penalty, a sum equal to the Stipulated Loss Value; (iii) Lessor may require
Lessee to surrender the Equipment to Lessor as set forth in paragraph 6; and (iv) Lessor may exercise any
other right or remedy available at law or in equity If Lessor takes possession of the Equipment, Lessor may sell
or otherwise dispose of it with notice, at a public or private sale, and apply the net proceeds (after deducting all
costs related to the sale or disposition of the Equipment) to the amounts that Lessee owes Lessor. Ten (10)
days notice shall constitute reasonable notice. Lessee will remain responsible for any amounts that are due
after Lessor has applied such net proceeds. Lessor agrees that it has an obligation to mitigate its damages.
13.
UNIFORM COMMERCIAL CODE. To the extent permitted by Tennessee law, Lessee waives any and
all rights and remedies conferred upon a lessee by article 2a.
14.
ASSIGNMENT. Lessee may not assign, sell, transfer or sublease the equipment or Lessee’s interest in
the lease. Lessor may, with notice to Lessee, sell, assign, or transfer the Lease or its rights in the Equipment
and the payment address shall not change without notice to Lessee. Lessee agrees that the new owner will
have the same rights and benefits that Lessor has now under the Lease but not Lessor’s obligations. The
rights of the new owner will not be subject to any claim, defense or set-off that Lessee may have against
Lessor.
15.
LIABILITY. To the extent allowed by Tennessee law, Lessee assumes the risk of liability arising from
possession, operation, or use of the Equipment.
16.
FURTHER ASSURANCES. Limited to the Lessee’s authority, Lessee agrees to promptly, at Lessee’s
expense, deliver such other reasonable documents and assurances, and take such further action as Lessor
may request, in order to effectively carry out the intent and purpose of the Lease.
17.
REPRESENTATIONS. Lessee represents to Lessor that: (i) the making of this Master Lease
Agreement and any Schedule thereto executed by Lessee are duly authorized on the part of Lessee and upon
execution thereof by Lessee and Lessor they shall constitute valid obligations binding upon, and enforceable
against, Lessee.
18.
GOVERNING LAW. The Master Lease Agreement and any Schedules thereto are entered into, under
and shall be construed in accordance with, and governed by, the laws of the State of Tennessee without giving
effect to its conflicts of laws principles.
19.
MODIFICATION AND AMENDMENT. This Contract may be modified only by a written amendment
executed by all parties hereto and approved by the appropriate officials in accordance with applicable
Tennessee state laws and regulations.
20.
CONFLICTS OF INTEREST. The Lessor warrants that no part of the total Contract Amount shall be
paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts
in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Lessor in connection
with any work contemplated or performed relative to this Contract.
21.
NONDISCRIMINATION. The Lessor hereby agrees, warrants, and assures that no person shall be
excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the
performance of this Contract or in the employment practices of the Lessor on the grounds of disability, age,
race, color, religion, sex, veteran status, national origin, or any other classification protected by Federal, or
Tennessee constitutional or statutory law. The Lessor shall, upon request, show proof of such
nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of
nondiscrimination.
22.
RECORDS. The Lessor shall maintain documentation for all charges against the Lessee under this
Contract. The books, records, and documents of the Lessor, insofar as they relate to work performed or
money received under this Contract, shall be maintained for a period of three (3) full years from the date of the
final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the Lessee,
the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be
prepared in accordance with generally accepted accounting principles.
23.
LOBBYING. The Lessor certifies, to the best of its knowledge and belief, that:
No federally appropriated funds have been paid or will be paid, by or on behalf of the Lessor, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, and entering into any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Contract, grant, loan,
or cooperative agreement, the Lessor shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
The Lessor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-grants, subcontracts, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients of federally appropriated funds shall certify and disclose accordingly.
24.
DEBARMENT AND SUSPENSION. The Lessor certifies, to the best of its knowledge and belief, that it
and its principals:
a.
are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal or State department or agency;
b.
have not within a three (3) year period preceding this Contract been convicted of, or had a civil
judgment rendered against them from commission of fraud, or a criminal offence in connection
with obtaining attempting to obtain, or performing a public (Federal, State, or Local) transaction or
grant 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
Statements, or receiving stolen property;
c.
are 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 detailed in section b. of this
certification; and
d.
have not within a three (3) year period preceding this Contract had one or more public
transactions (Federal, State, or Local) terminated for cause or default.
25.
PROHIBITION ON HIRING ILLEGAL IMMIGRANTS. Tennessee Public Chapter No. 878 of 2006,
TCA 12-4-124, requires that Contactor attest in writing that Lessor will not knowingly utilize the services of
illegal immigrants in the performance of this Contract and will not knowingly utilize the services of any
subcontractor, if permitted under this Contract, who will utilize the services of illegal immigrants in the
performance of this Contract. The attestation shall be made on the form, Attestation re Personnel Used in
Contract Performance (“the Attestation”), which is attached and hereby incorporated as Schedule F.
If Lessor is discovered to have breached the Attestation, the Commissioner of Finance and Administration shall
declare that the Lessor shall be prohibited from contracting or submitting a bid to any Tennessee Board of
Regents Institution or any other state entity for a period of one (1) year from the date of discovery of the breach.
Lessor may appeal the one (1) year by utilizing an appeals process in the Rules of Finance and Administration,
Chapter 0620.
26.
VOLUNTARY BUYOUT PROGRAM. The Lessor acknowledges and understands that, for a period of
two years beginning August 16, 2008, restrictions are imposed on former state employees who received a
State of Tennessee Voluntary Buyout Program (VBP) severance payment with regard to contracts with state
agencies that participated in the VBP.
a.
The State will not contract with either a former state employee who received a VBP severance
payment or an entity in which a former state employee who received a VBP severance payment or
the spouse of such an individual holds a controlling financial interest.
b.
The State may contract with an entity with which a former state employee who received a VBP
severance payment is an employee or an independent contractor. Notwithstanding the foregoing,
the Lessor understands and agrees that there may be unique business circumstances under
which a return to work by a former state employee who received a VBP severance payment as an
employee or an independent contractor of a State contractor would not be appropriate, and in
such cases the State may refuse Lessor personnel. Inasmuch, it shall be the responsibility of the
State to review Lessor personnel to identify any such issues.
c.
With reference to either subsection a. or b. above, a Lessor may make a written request for a
waiver of the VBP restrictions regarding a former state employee and a contract with a state
agency that participated in the VBP. Any such request must be submitted to the State in the form
of the VBP Contracting Restriction Waiver Request format available from the State and the
Internet at: www.state.tn.us/finance/rds/ocr/waiver.html. The determination on such a request
shall be at the sole discretion of the head of the state agency that is a Party to this Contract, the
Commissioner of Finance and Administration, and the Commissioner of Human Resources.
27.
FEDERAL ECONOMIC STIMULUS FUNDING. This Contract requires the Lessor to provide products
and/or services that are funded in whole or in part under the American Recovery and Reinvestment Act of
2009, Public Law 111-5, (Recovery Act). The Lessor is responsible for ensuring that all applicable
requirements, including but not limited to those set forth herein, of the Recovery Act are met and that the
Lessor provides information to the State as required.
The Lessor (and any subcontractor) shall comply with the following:
a.
b.
c.
d.
e.
Federal Grant Award Documents, as applicable.
Executive Office of the President, Office of Management and Budget (OMB) Guidelines as posted
at www.whitehouse.gov/omb/recovery_default/, as well as OMB Circulars, including but not limited
to A-102 and A-133 as posted at www.whitehouse.gov/omb/financial_offm_circulars/.
Office of Tennessee Recovery Act Management Directives (posted on the Internet at
www.tnrecovery.gov).
Any subrecipient Lessor, if covered by the Single Audit Act Amendments of 1996 and OMB
Circular A-133, agrees to specifically identify Recovery Act expenditures separately for Federal
awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and
the Data Collection Form (SF-SAC) required by OMB Circular A-133.
The Recovery Act, including but not limited to the following sections of that Act:
(1)
Section 1604 – Disallowable Use. No funds pursuant to this Contract may be used for
any casino or other gambling establishment, aquarium, zoo, golf course, or swimming
pool.
(2)
Section 1512 – Reporting and Registration Requirements.
i.
The Lessor must report on use of Recovery Act funds provided through this
Contract. Information from these reports will be made available to the public.
ii.
The subrecipient Lessor must maintain current registrations in the Central
Contractor Registration (www.ccr.gov) at all times during which they have an
active Contract funded with Recovery Act funds.
(3)
Section 1553 – Recovery Act Whistleblower Protections. An employee of any nonFederal employer receiving covered funds under the Recovery Act may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing,
including a disclosure made in the ordinary course of an employee’s duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person
with supervisory authority over the employee (or other person working for the employer
who has the authority to investigate, discover or terminate misconduct), a court or grand
jury, the head of a Federal agency, or their representatives, information that the employee
believes is evidence of one or more of the following related to the implementation or use
of covered funds:
i.
gross mismanagement,
ii.
gross waste,
iii.
substantial and specific danger to public health or safety,
iv.
abuse of authority, or
v.
violation of law, rule, or regulation (including those pertaining to the competition
for or negotiation of a Contract).
Non-enforceability of Certain Provisions Waiving Rights and Remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any
agreement, policy, form, or condition of employment, including any pre-dispute arbitration
agreement. No pre-dispute arbitration agreement shall be valid or enforceable if it
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: The Lessor and any subcontractor
shall post notice of the rights and remedies as required under Section 1553. (Refer to
Section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5
located at www.recovery.gov, for specific requirements of this section and prescribed
language for the notices.)
(4)
Section 902 – Access Of Government Accountability Office. The Lessor shall provide that
the Comptroller General and his representatives are authorized:
i.
to examine any records of the Lessor or any of its subcontractors, that directly
pertain to, and involve transactions relating to, this Contract or a subcontract; and
ii.
to interview any officer or employee of the Lessor or any of its subcontractors
regarding such transactions.
(5)
Section 1514 – Inspector General Reviews. Any inspector general of a federal
department or executive agency has the authority to review, as appropriate, any concerns
raised by the public about specific investments using such funds made available in the
Recovery Act. In addition, the findings of such reviews, along with any audits conducted
by any inspector general of funds made available in the Recovery Act, shall be posted on
the inspector general’s website and linked to the website established by Recovery Act
Section 1526, except that portions of reports may be redacted to the extent the portions
would disclose information that is protected from public disclosure under sections 552 and
552a of title 5, United States Code.
(6)
Section 1515 – Access of Offices of Inspector General to Certain Records and
Employers. With respect to this Contract, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C.
App.), is authorized:
i.
to examine any records, of the Lessor or any of its subcontractors, that pertain to
and involve transactions relating or pursuant to this Contract; and
ii.
to interview any officer or employee of the Lessor or any subcontractors regarding
such transactions.
(7)
Section 1606 – Wage Rate Requirements. All laborers and mechanics employed by
pursuant to this Contract shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code. All rulings
and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and
5 are herein incorporated by reference.
For purposes of this Contract, laborer or mechanic includes at least those workers whose
duties are manual or physical in nature (including those workers who use tools or who are
performing the work of a trade), as distinguished from mental or managerial. The term
laborer or mechanic includes apprentices, trainees, helpers, and, in the case of contracts
subject to the Contract Work Hours and Safety Standards Act, watchmen or guards.
(8)
f.
Section 1605 – Buy American Requirements for Construction Material – Buy American,
Use of American Iron, Steel, and Manufactured Goods. None of the funds provided by
this Contract may be used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron, steel, and manufactured
goods used in the project are produced in the United States.
The Lessor agrees to comply with any modifications or additional requirements that may be
imposed by law and future guidance and clarifications of Recovery Act requirements.
g. If the Lessor enters into one or more subcontracts for any of the services performed under this Contract,
each subcontract shall contain provisions specifically imposing on the subcontractor all requirements
set forth in this Contract Section E.27., “Federal Economic Stimulus Funding.”
28.
MISCELLANEOUS. The parties agree that the terms and conditions contained in this Agreement
make up the entire agreement between Lessee and Lessor regarding the Lease of Equipment. The
declaration of invalidity of any provision of the Lease shall not affect any part of the remainder of the
provisions of the Lease. Any change in any of the terms and conditions of the Lease must be in writing
and signed by Lessor and Lessee. If either party delays or fails to enforce any of its rights under the
Lease, that party will still be entitled to enforce those rights at a later time. All notices shall be given in
writing by the party sending the notice and shall be effective when deposited in the U.S. Mail, by
registered or certified mail, or a nationally recognized overnight delivery service, addressed, postage
prepaid, to the party receiving the notice as follows: if to Lessor, notices shall be sent to the address
below; and if to Lessee, notices shall be sent to its address shown below. Any party may change its
address by providing written notice as provided herein to the other party. All of Lessor’s rights and
remedies, including but not limited to those set forth in Sections 15 and 17 herein, shall survive and
remain in full force and effect and be enforceable after the expiration or termination of the Lease for any
reason Notwithstanding any language in this Agreement to the contrary, this Lease shall not constitute a
finance agreement, and Lessee shall make periodic rental payments in arrears.
29. CLAIMS. Any and all claims against the Lessee for property damage or loss resulting from acts or
omissions or Lessee through its employees or agents in performing its responsibilities under this agreement
shall be submitted to the Claims Commission of the State of Tennessee for disposition in accordance with
the applicable provisions of the Tennessee Code Annotated. Damages recoverable against the Lessee shall
be expressly limited to claims paid by the Commission.
IN WITNESS WHEREOF:
________________________________________________
Name, Title
_________________________________
Date
TENNESSEE BOARD OF REGENTS:
1415 Murfreesboro Road
Suite 350
Nashville, TN 37217
Contact: Jon Calisi
Phone: 615-366-4456
Fax: 615-366-3797
Email: jon.calisi@tbr.edu
John G. Morgan, Chancellor
Date
ATTACHMENT E-1
SCHEDULE A
EQUIPMENT
Rental Sc hedule No. __________________________ ____
Qty
M anuf act urer
Description
M odel no.
Serial no.
Supplier(s)
Address/County/City/State/Zip/Phone No.
Location of Equipment
Address/County/City/State/Zip/Phone No.
ATTACHMENT E-1
SCHEDULE B
RENTAL SCHEDULE
Rental Sc hedule No. ______________________________
This Rental Schedule dated and effective as of _______day of _________(month), 201___ is attached to and
governed by the terms and provisions of the Master Lease Agreement dated _____________________ (“Lease”)
by and between _______ (“Lessor”) and _____________ (“Lessee”), located at
________________________________.
All the terms used herein which are defined in the Master Lease Agreement shall have the same meaning herein.
1. The Equipment leased hereunder is as follows: See Schedule A for Equipment detail which is made a
part hereof.
2. Initial Terms:
a. Initial Term of Lease (Months):_________________________
b. Rental Commencement Date: __________________________
c. Amount of Each Rental Payment: Total rents set forth in Certificate (s) of Acceptance in the form
attached hereto.
d. The amount of each rental payment is payable monthly in arrears.
3. The Initial Term of the lease of the Equipment shall commence upon the Acceptance Date as indicated on
the Certificate of Acceptance(s) (the “Lease Commencement Date”) and shall continue until expiration of
the number of payment periods, in the Initial Term of the Lease, specified above after the Rental
Commencement Date, which shall be the first day of the first month/quarter following the Lease
Commencement Date. Lessee hereby authorizes Lessor to insert the Rental Commencement Date upon
its receipt of the Certificate of Acceptance (s). Rent in the amount specified above, shall be due within
(45) days of the invoice date, after the Rental Commencement Date and on the same day of each and
every payment period thereafter for the Initial Term. Each invoice shall be sent 30 to 45 days prior to due
date, all Rent shall be due and payable to Lessor it is assigns at such place as Lessor shall designate in
writing. Additionally, Lessee shall upon demand, pay interim rent, for the period from and including the
Lease Commencement Date (from the Certificate of Acceptances) to and including the day immediately
preceding the Rental Commencement Date. The interim rent will be calculated on a 360 day year;
4. IN WITNESS WHEREOF, the parties hereto have caused this Rental Schedule to be duly executed on the
date set forth below by their authorized representatives.
LESSOR: _____________________
Print Name:____________________
Title: _________________________
Authorized Signature:
______________________________
LESSEE: _____________________
Print Name:____________________
Title: _________________________
Authorized Signature:
______________________________
ATTACHMENT E-1
SCHEDULE C
CERTIFICATE OF ACCEPTANCE
Rental Sc hedule No. ______________________________
In compliance with the terms, conditions and provisions of the Master Lease Agreement dated _____________
(“Lease”) by and between the undersigned (“Lessee”) and __________ (“Lessor”), Lessee hereby:
a. Certifies that all Equipment described in the above-referenced Rental Schedule and or related to the
Invoice No. ______, attached hereto (the “Equipment”) is delivered, inspected and fully installed, and
operational as of the Acceptance Date;
b. Accepts all the Equipment for all purposes under the Lease and all attendant documents as of the date of
the Acceptance Date.
c. Agrees that for this Certificate of Acceptance, and the Equipment relative to the same, the Amount of each
Rental Payment shall be in the amount of ________________ (per month)
OR
As shown on the schedule attached hereto.
d. Restates and reaffirms, as of such Acceptance Date, each of the representations and covenants
heretofore given to Lessor in the Lease.
______________________________________________________________________________
Signature
Title
Lessor is hereby authorized to insert serial numbers on the Rental Schedule.
ATTACHMENT E-1
SCHEDULE D
INSTRUCTIONS TO INSURANCE AGENT
Rental Sc hedule No. ______________________________
TBR will provide a Certificate of Self-Insurance for the general liability coverage’s and a Certificate of Insurance for
the property coverage.
_______________________(“Customer”) has leased or will be leasing equipment from Contractor IT Sales
Solutions, Inc.
The Customer is required to provide Contractor IT Sales Solutions, Inc. and/or its assigns with the following
insurance coverage:
A. “All Risk” Property insurance covering the equipment (as shown in the lease) owned by Contractor IT
Sales Solutions, Inc., in an amount not less than the equipment, with Contractor IT Sales Solutions, Inc.
and/or its assigns named as loss payee.
B. The amount of the public Liability Insurance shall not be less than $1,000,000.00, combined single limit.
C. Each policy shall provide that: (i) Contractor IT Sales Solutions, Inc. will be given not less than thirty (30)
days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and any other insurance
covering Contractor IT Sales Solutions, Inc. shall be secondary or excess of the policy and (iii) in no event
shall the policy be invalidated as against Contractor IT Sales Solutions, Inc. or its assigns for any violation
of any term of the policy or of the Customer’s application therefore.
A certificate evidencing such coverage should be mailed to Contractor IT Sales Solutions, Inc. at the following
address:
_______________________
_______________________
_______________________
ATTACHMENT 6.3
PROPOSAL TRANSMITTAL AND STATEMENT OF CERTIFICATIONS AND ASSURANCES
The Proposer must complete and sign this Technical Proposal Transmittal. It must be signed, in the space below, by an individual
empowered to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the individual is
not the Proposer’s chief executive, attach evidence showing the individual’s authority to bind the proposing entity.
PROPOSER LEGAL ENTITY NAME:
The Proposer does hereby affirm and expressly declare confirmation, certification, and assurance of the
following:
1) This proposal constitutes a commitment to provide all services as defined in the RFP Attachment 6.2, Pro
Forma Contract, Scope of Services for the total contract period and confirmation that the Proposer shall
comply with all of the provisions in this RFP and shall accept all terms and conditions set out in the RFP
Attachment 6.2, Pro Forma Contract. A Proposer may not submit the Proposer's own contract terms and
conditions in a response to this RFP. If a proposal contains such terms and conditions, the Institution may
determine, at its sole discretion, the proposal to be a non-responsive counteroffer, and the proposal may
be rejected.
2) The information detailed in the proposal submitted herewith in response to the RFP is accurate.
3) The proposal submitted herewith in response to the RFP shall remain valid for at least 120 days
subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract
pursuant to the RFP.
4) The Proposers shall comply with:
a) the laws of the State of Tennessee;
b) Title VI of the federal Civil Rights Act of 1964;
c) Title IX of the federal Education Amendments Act of 1972;
d) the Equal Employment Opportunity Act and the regulations issued there under by the federal
government;
e) the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal
government;
f) the condition that the submitted proposal was independently arrived at, without collusion, under
penalty of perjury; and,
g) the condition that no amount shall be paid directly or indirectly to an employee or official of the State of
Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee,
subcontractor, or consultant to the Proposer in connection with the Procurement under this RFP.
5) The Proposer shall comply with all of the provisions in the subject RFP and shall accept all terms and
conditions set out in the RFP Attachment 6.2, Pro Forma Contract.
6) The Proposer understands that this Proposal is for all TBR Institutions. The Proposer ___does or
___does not agree to extend this proposal and current contract pricing to all UT Institutions and the State
of Tennessee Departments for the same time period it is available to the Institution as Proposer has
indicated in its proposal in response to Section 1.4 of this RFP.
7) The Proposer certifies, by signature below and submission of this proposal, that neither I nor my principals
are presently disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded
from participation in this transaction by any State or Federal department or agency.
SIGNATURE & DATE:
ATTACHMENT 6.4
Project Narrative and RFP Requirements
The Tennessee Board of Regents (Institution) seek proposals from qualified proposers for the procurement of
CISCO Systems, Network and Security related hardware, software, management tools, and technical support
services. The Agreement resulting from this Request for Proposal (RFP) shall be for a period of one (1) year with
four (4) one-year options to renew. Interested Proposers are to provide proposals, including but not limited to, the
following requirements:
The intent is to have a contract available for CISCO systems, network and security related hardware, software,
management tools, and technical support services including the following:








Purchase: all related hardware, software, and services
Installation: all related hardware and software
Upgrades/updates: all related hardware, software, and services
Software subscriptions (license renewals, if applicable)
Telephone technical support (24x7x365)
On-site technical support and services: (installation, configuration, setup, and other related technical
services not covered elsewhere)
Warranty service
Post warranty support (maintenance and repair service after the expiration of warranty)
Training
References made to listed CISCO systems, network and security related hardware, software, management tools,
and technical support services throughout these requirements will imply current products available on the market
or newer versions/models as available.
A.
Financial Stability Mandatory Requirements (Proposers to indicate in Attachment 6.5, Section
A page reference numbers of its Proposal to these requirements)
Notice: There are no exceptions to the items requested below. If proposer fails to submit the
mandatory requirements in the format requested below, the proposal shall be deemed nonresponsive, and the institution shall reject it.
A.1
Provide the Technical Transmittal and Statement of Certifications and Assurances (Attachment 6.3)
completed and signed, in the space provided, by an individual empowered to bind the Proposer to the
provisions of this RFP and any resulting contract.
Each Proposer must sign the Technical Transmittal and Statement of Certifications and
Assurances without exception or qualification.
A.2
Provide a Statement, based upon reasonable inquiry, of whether the Proposer or any individual who shall
perform work under the contract has a possible conflict of interest (e.g., employment by the State of
Tennessee) and, if so, the nature of that conflict.
NOTE: Determination of conflict of interest shall be solely within the discretion of the Institution,
and the Institution reserves the right to cancel any award.
A.3
Provide a current bank reference indicating that the Proposer’s business relationship with the financial
institution is in positive standing. Such reference must be written in the form of a standard business letter,
on bank letterhead, signed, and dated within the past three (3) months.
A.4
Provide two current positive credit references from vendors with which the Proposer has done business
written in the form of standard business letters, on reference’s letterhead, signed, and dated within the
past three (3) months.
A.5
Provide EITHER:
a) an official document or letter from an accredited credit bureau, verified and dated within the
last three (3) months and indicating a positive credit rating for the Proposer (NOTE: A credit
bureau report number without the full report is insufficient and will not be considered
responsive.); OR
b) a Dun & Bradstreet Credit eValuator Plus Report dated within the last three (3) months and
indicating a positive credit rating for the Proposer.
A.6
Minority/Ethnicity Form (Attachment 6.1).
A.7
Provide a copy of a valid, current certificate of insurance indicating general liability insurance. Prior to
contract award, successful Proposer will be required to submit a valid, current certificate of insurance with
the limit requirements provided in Section 4.8 above.
B.
Qualifications and Experience
(Proposers to indicate in Attachment 6.5, Section B page reference numbers of its Proposal to these
requirements)
B.1.
Describe the Proposer’s form of business (i.e., individual, sole proprietor, corporation, non-profit
corporation, partnership, limited liability company) and detail the name, mailing address, and telephone
number of the person the Institution should contact regarding the proposal.
B.2.
Provide a Statement of whether there have been any mergers, acquisitions, or sales of the Proposer
company within the last ten years, and if so, an explanation providing relevant details.
B.3.
Provide a Statement of whether the Proposer or any of the Proposer’s employees, agents, independent
contractors, or subcontractors have been convicted of, pled guilty to, or pled nolo contendere to any
felony, and if so, an explanation providing relevant details.
B.4.
Provide a Statement of whether there is any pending litigation against the Proposer; and if such litigation
exists, an attached opinion of counsel as to whether the pending litigation will impair the Proposer’s
performance in a contract under this RFP.
B.5.
Provide a Statement of whether, in the last ten years, the Proposer has filed (or had filed against it) any
bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a
receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant
details.
B.6.
Provide a Statement of whether there are any pending Securities Exchange Commission investigations
involving the Proposer, and if such are pending or in progress, an explanation providing relevant details
and an attached opinion of counsel as to whether the pending investigation(s) will impair the Proposer’s
performance in a contract under this RFP.
B.7.
Provide a brief, descriptive Statement indicating the Proposer’s credentials to deliver the goods/services
sought under this RFP.
B.8.
Indicate how long the Proposer has been providing these goods/services required by this RFP and include
the number of years in business.
B.9.
Indicate the Proposer organization’s number of employees, client base, and location of offices (list all
offices in the State).
B.10.
Provide a narrative description of the proposed project team and its organizational structure, list its
members, and include resumes.
B.11.
Provide a statement of whether the Proposer intends to use subcontractors, and if so, the names and
mailing addresses of the committed subcontractors and a description of the scope and portions of the
work the subcontractors will perform.
B.12.
Provide customer references for similar contracts representing three of the larger accounts currently
serviced by the Proposer.
Also provide a list of all current contracts, if any, with institutions of higher education.
Proposers must also provide a list of three (3) contracts that have been cancelled in the last five (5) year
period and the reason for cancellation. If Proposer does not have three (3) contracts that have been
cancelled in the last five (5) years, Proposer shall list the contracts that have been cancelled along with a
note indicating that Proposer has not had three (3) contracts that have been cancelled in the last five (5)
years.
Proposer must also provide contact information for any clients for which it has successfully migrated
content from a D2L 10.x environment, including any institutions comparable to the types of institutions
within the TBR system.
Each reference must include:



the company name, business address, contract number and contract term;
the name, title, email address and telephone number of the company contact knowledgeable about
the project work; and
a brief description of the service provided and the period of service, and

indicate all tools in Proposer’s system that are being used by the contacts referenced.
Each evaluator will generally consider the results of reference inquiries by the Institution
regarding all references provided (both Institution and non-Institution). Current or prior contracts
with the Institution are not a prerequisite and are not required for the maximum evaluation score
possible, and the existence of such contracts with the Institution will not automatically result in
the addition or deduction of evaluation points.
C.
Technical Requirements (Proposers to indicate in Attachment 6.5, Section C page reference
numbers of its Proposal to these requirements)
C.1
Technical Mandatory Pass/Fail Requirements (Proposer shall validate in its response its understanding
of these mandatory requirements and its ability to provide the required services as well as describe in
detail the sub-contractors it uses for these services and how each process is conducted )
1. Proposer shall hold certification by CISCO Systems, Inc. at the time of bid submission as a “Gold
Certified Partner.” A letter of certification must be from CISCO Systems, Inc. and dated no earlier
than 60 days prior to the bid submission date. The Successful Proposer shall maintain its status as a
“Gold Certified Partner” during the term of the resulting Contract.
2. The Successful Proposer shall provide only new and the latest (hardware, software, and other related
parts) models for the initial purchase of original equipment, provided by the manufacturer in the
marketplace. All subsystem components, wire, cable, and accessory hardware shall be standard
products of an established and reputable manufacturer. Used, remanufactured, rebuilt, reconditioned,
or prototype hardware or software will not be accepted as new. In all cases, replacement equipment
must be certified like new and be compatible with the existing systems software and hardware and
provide functionality equal to or greater than the equipment being replaced. Return merchandise
authorization (RMA) equipment shall be certified like new.
3. Proposer shall have an on-line, web-based ordering platform.
4. Proposer shall accept procurement cards, purchase orders, faxed orders and verbal orders.
5. Proposer shall provide a forty-eight (48) hour response time to customer service inquiries.
6. Proposer shall provide support (24x7x365) twenty-four (24) hours a day, seven (7) days a week, 365
days of the calendar year including weekends and holidays. Telephone technical support services
shall include troubleshooting hardware, software administration and component problems with the
state analyst or the integrated help desk via telephone.
7. Manufacturer telephone TAC support must be included in Smartnet.
C.2
Technical Scored Requirements (Proposers to indicate in Attachment 6.5, Section C(2) page reference
numbers of its Proposal to these requirements).
C.2.1
Customer Service Plan
Institution requires personnel capable of servicing all three (3) geographic regions of the State of
Tennessee – West, Middle, and East. The Successful Proposer’s personnel will maintain close
communications with the Institution and will be the primary contacts for the Institution. Please provide the
names of personnel that will be assigned to this account. Please give name, title, telephone number, fax
number, and email address. In addition please provide a summary of work experience of personnel and
evidence of all certifications required to provide technical support for any and all hardware, software, and
services for CISCO systems, network and security related hardware, software, management tools, and
technical support services.
1. Customer Service Response Time/Inquiries
Institution requires a forty-eight (48) hour response time to inquiries. How will Proposer handle
inquiries? Complaints? Billing Problems? Pricing Clarifications?
2. Customer Service Hours of Operation
Proposer shall state its hours of operation and toll free phone and fax numbers available to Institution
in regards to this contract.
3. Customer Service Incident Reporting
Proposer shall describe its process for providing, upon request, reports indicating pending
orders/projects and open invoices.
4. Customer Service Product Updates
Proposer shall describe the method(s) the Proposer will employ to keep the Institution’s employees
updated on new product offerings, promotions, and other Proposer-driven dissemination of marketing
information.
5. Customer Service Monitoring/Reporting
Proposer shall describe its process to continually monitor the effectiveness of the overall contract and
its impact on Institution including data collection, trends, and analyses. Successful Proposer shall be
required to meet with Institution quarterly and provide a report (broken down by each individual
institution) of items purchased, product category, product description (including manufacturer and
model), unit price, and extended price from this Contract. In addition, successful Proposer will be
required to provide a final, cumulative report at the end of the potential five (5) year contract term.
6. Customer Service Technical Support and Services
Proposer shall describe its process for providing the following technical assistance, support, and
related services, as requested by Institution:
Service - Performance Requirements – Describe Proposer’s process for maintaining the compatibility
and adherence to functional requirements and specifications of all hardware and software as offered
by the manufacturer as the most current version. In addition, all system hardware and software
offered must migrate over time to later, more current manufacturer versions and upgrades. Proposer
shall ensure and will maintain responsibility that hardware and software upgrades for hardware and
software purchased
under these specifications shall adhere to this requirement.
Telephone Technical support – Describe Proposer’s process for providing support (24x7x365) twentyfour (24) hours a day, seven (7) days a week, 365 days of the calendar year including weekends and
holidays. Telephone technical support services shall include troubleshooting hardware, software
administration and component problems with the state analyst or the integrated help desk via
telephone.
On-Site Technical Support Requirements – Describe ability for Proposer and manufacturer (CISCO
systems) to work on-site with Institution, if requested by the Institution. These on-site technical support
services provided by proposer/manufacturer are outside the scope and not covered by the
manufacturer warranty and post warranty (Smartnet). Proposer shall provide a certified technician
and/or certified CISCO engineer to provide hands on service at Institution locations statewide, as
deemed. The services requested may include design, configuration, setup, installation, integration,
and installation of all hardware and software necessary to operate the solution. Proposer on-site
technical support service, when requested by Institution, shall be billed by a per hour charge.
CISCO services shall include the following at a minimum: technical services, advanced services, and
remote operations services. CISCO system's on-site services, when requested by Institution, shall be
billed as listed in the manufacturer's catalog.
Project Management – At the Institution’s option, Institution may request the Successful Proposer to
manage and coordinate the ordering, shipping, delivery, installation, testing and training of CISCO
systems, network and security related hardware, software, management tools and technical support
services. The Proposer shall describe its plan to provide consistency in delivering project
management through a single point of contact.
Other Requirements Proposer shall provide its process for providing a single point of contact (via local Nashville, TN or tollfree telephone number) shall be provided for technical support to the Institution.
Proposer shall provide its process for ensuring that all invoices for service must be itemized. The
Installation fee should not be included in the price of the hardware and/or software.
Manufacturer telephone TAC support must be included in Smartnet.
7. Outages
Critical Outages – Describe Proposer’s process to ensure that all critical service work will continue
until completion on all problems as long as reasonable progress is being made to correct those
problems. Proposer’s technicians will sign in and out with the designated Institution. The Proposer will
obtain Institution signature on the detailed itemized work order reporting the problem status in writing
before leaving the premises. The signed work order shall accompany Proposer invoices sent to
Institution. Failure to provide the signed work order report may delay payment for service calls.
Critical outage is an absolute emergency and urgent need and must be responded to upon
notification. Telephone technical support must be initialized within two (2) hours regardless of the day
of the week or time of day (twenty-four (24) hours a day, seven (7) days a week). All critical outage
issues shall be completed no later than twenty-four (24) hours after notification from Institution of the
urgent need for service.
Institution has the option to designate outages as being either critical or non-critical. Critical outages
shall be serviced within appropriate time period regardless of the time of day or the day of the week. It
will be the sole responsibility of Institution to designate critical outages. The successful Proposer does
not have the right to question if an outage is critical or not.
Non-Critical Outages - Non-critical outage is not an urgent need and service may be scheduled or
performed within the guidelines of the specifications, at the time the request is made by Institution.
Describe the Proposer’s process for responding within twenty-four (24) business hours Ii an on-site
visit is required, for non-critical outages. Additionally, describe Proposer’s plan for ensuring that
repairs are accomplished, during Institution’s normal business hours. The technical support team
must include the point of contact, representative for each level of contractor management, including
escalation procedure staff that are certified to provide services required for the contract. Provide the
names, e-mail addresses, telephone numbers and fax numbers for Proposer’s proposed technical
support team:
Note: One (1) individual must not hold more than two (2) titles of the below listed titles. Institution
requires a single point of contact for each title. If a listed title does not have an individual as point of
contact; please place "vacant" in that title. All telephone numbers provided should be local or toll free.
ACCOUNT SERVICE MANAGER
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
PROPOSER TELEPHONE TECHNICAL SUPPORT
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
MANUFACTURER TELEPHONE TECHNICAL SUPPORT
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
FIELD SERVICE REPRESENTATIVE
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
The Successful Proposer shall provide updated information for the above requested contacts
throughout the entire contract period and renewals thereof.
8. Escalation Procedures
Proposer shall describe its escalation procedures to ensure that after the Field Technician arrives onsite and if the problem or failure has not been corrected after two (2) clock hours, the contractor's field
service representative shall notify the successful proposer's or manufacturer's TAC (Technical
Assistance Center) Manager. The time period starts when work on the failed equipment, hardware,
and/or software begins.
If the problem/failure has not been corrected after four (4) clock hours, the TAC Manager will escalate
the problem to TAC escalations group. Escalations group support will commence immediately.
If the problem/failure cannot be resolved the same business day as dispatch of successful proposer’s
field service representative, the Successful Proposer’s escalation group will open a service request
with tier two or higher level of manufacturer TAC.
Regional technical support management will determine if on-site regional technical support is
required. If required, on-site regional technical support must be immediately dispatched.
Regional contractor management will communicate by telephone with the site operations manager on
the problem disposition every two (2) clock hours until the problem or failure is resolved.
C.2.2
Catalog Requirements
Describe The Proposer’s process for ensuring that the Proposer’s catalog submitted with this Request for
Proposal (RFP) and all supplements received after award, shall not contain any of the Proposer’s or
manufacturer's terms and conditions.
The published catalog (proposer's or manufacturer’s) may contain items not considered relevant to this
Contract. Institution requires all Proposers interested in bidding to provide a complete catalog of offered
products and services pertaining to and/or authorized relating to and available for CISCO systems,
network and security related hardware, software, management tools, and technical support services in
compliance with the scope of this RFP. The catalog offerings must be provided for the duration of the
Contract and renewals thereof and shall include the current available products and services.
The Successful Proposer will be allowed to update the approved catalog up to two (2) times a year, each
year during the term of the contract and renewals thereof. These updates are used to change catalog item
pricing and product numbers in accordance with the terms and conditions of the original bid document.
However, an unlimited number of supplements to the existing catalog may be submitted with approval
from Institution’s Central Office. The supplement is to be used for adding products and services not
available at the time of award, but which fall within the scope of the original specifications.
Describe if Proposer has the ability to provide an electronic USB flash drive and make available to users
upon award. The electronic USB flash drives should include the latest version of the catalog detailing
CISCO systems, network and security related hardware, software, management tools, and technical
support services pricing, part/catalog number to include configuration options and service offerings. An
updated electronic catalog must be provided, if available, to Institution as necessary.
1. Catalog Categories
Institution requires all Proposers to provide with their Proposal a complete catalog of products to
include the following categories:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
CISCO services
CISCO IOS software
Interfaces and modules
Interoperability systems
Network management
Optical networking
Routers and routing systems
Security hardware and software
Server networking and virtualization
Service exchange
Storage networking
Switches
Universal gateways and access servers
Wireless adapter modules
CISCO Smartnet
Networking software
2. CISCO services products (or the current replacement or upgrade) to include, at a minimum, the
following:
a. Full range of technical services
b. Full range of advanced services
c. Full range of remote operations services
3. CISCO IOS software products and accessories (or the current replacement or upgrade) to include, at
a minimum, the following:
a. CISCO IOS technologies includes broadband, IOS IP mobility, IOS security, high availability, IP
multicast, IP routing and services, ipv6, management instrumentation, multiprotocol label
switching (MPLS), quality of service (QOS), and virtual private networks (VPNS).
b. CISCO IOS software releases includes versions: 15.0 family,12.4 family, 12.3 family, 12.2 family,
12.2 s family, 12.1 family, and 12.0 family.
c. CISCO IOS XR software releases
4. CISCO interfaces and modules products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. Application networking services modules, ethernet switching network modules, multiprocessor
WAN application modules, network modules, network processor modules, optical service
modules, security modules, service modules, storage networking modules, transceiver
modules, wan switching modules, and wavelength division multiplexing (WDM) transmission
modules. Broadband processing engines, interface processors, network processing engines,
route processors and route switch processors, and versatile interface processors.
b. High-speed wan interface cards, interface cards, line cards, optical transponders, port adapters,
power supply, service adapters, shared port adapters/spa interface processors, universal
broadband router line cards, universal serial bus (USB) cards, and wan interface cards.
5. CISCO interoperability systems products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. 7800 series media convergence servers, IPICS deployment options, IPICS operational views,
PICS phone client, IPICS PMC client software, IPICS policy engine, and IPICS server software.
6. CISCO network management products and accessories (current replacement or upgrade) to include,
at a minimum, the following:
a.
b.
c.
d.
e.
Full range of CISCO datacenter management products.
Full range of CISCO network analysis and planning products.
CISCO network configuration and change management products.
CISCO network management services modules.
CISCO optical management.
f.
Other CISCO network management products that include application deployment engine, internet
operation support systems (OSS) for broadband cable, license manager, and router web setup
tool.
g. CISCO routing and switching management
h. Active network abstraction products, active network abstraction software development kits
(SDKS), assurance managers, info center products, IP solution center products, network
connectivity center products, CISCOWORKS LAN management solution bundle, CISCOWORKS
LAN management solution extensions, diagnostics expert products, element management
systems, multicast management, programmatic interfaces, and WAN management.
i. Full range of CISCO security and identity management products.
j. Full range of CISCO small and medium business network management products.
7. CISCO optical networking (or the current replacement or upgrade) to include, at a minimum, the
following:
a. Long haul/extended long haul, metro core, metro DWDM, metro edge/access, and optical
accessories
b. Full range of CISCO optical network systems products and accessories (or the current
replacements or upgrades) to include the following model series and not limited to: CISCO ONS
15100 series, ONS 15200 series, ONS 15300 series, ONS 15400 series, ONS 15500 series, ONS
15600 series, ONS 15800 series, NCS 4000 and 2000, ONT 1000 series, lightstream
asynchronous transfer mode (ATM) switches series, and catalyst 8500 series multiservice switch
routers.
8. Full range of CISCO router products to consist of a minimum of the following: modular, fixedconfiguration, integrated service routers, broadband routers, multi-service access routers, digital
subscriber line (DSL) routers, asymmetric digital subscriber line (ADSL) routers, and integrated
services digital network (IDSN) remote node products. Router and network hardware and software to
include the following areas:
a. Full range of CISCO routers (current replacements or upgrades) in the following model
series: CISCO 12000, 10700, 10000, 7600, 7500, 7300, 7200, 6000, 3800, 3700, 3600, 3200,
2800, 1900, 800, carrier routing systems, ASR 9000, 1000, 900 routers, and XR 12000 router
series.
9. CISCO security products and accessories (or the current replacement or upgrade) to include, at a
minimum, the following:
a. CISCO anomaly detection and mitigation products that includes:
(1) Anomaly detection and mitigation appliances, distributed denial of service (DDOS)
management systems, and anomaly detection and mitigation integrated switch/router service
modules.
b. Full range of application optimization and security products
c.
CISCO compliance validation product includes:
(1) CISCO clean access, trust agent, and network admission control-enabled products.
d. Full range of CISCO endpoint security products
e. CISCO firewall products includes:
(1) Firewall appliances, firewall integrated switch/router services, firewall management, and
integrated router security.
f.
Full range of CISCO identity management products
g. CISCO integrated router/switch security products includes:
(1) Integrated router security and integrated switch security
h. Full range of multifunction security products
i.
CISCO network intrusion prevention products includes:
(1) CISCO incident control systems, intrusion prevention system, IPS appliances, IPS
integrated switch/router services, IPS
management, and integrated router security.
j.
Cisco security management products includes:
(1) Device management, management applications, and security
information management.
k.
Cisco virtual private networks (VPN) products includes:
(1) Integrated router security, VPN clients, VPN appliances,
VPN integrated switch/router services, VPN management, virtual
network computing, CISCO security information management solution,
CISCOWORKS VPN/security, and CISCOWORKS security information
management solution.
10. CISCO server networking and virtualization products and accessories (or the current replacement or
upgrade) to include, at a minimum, the following:
a. CISCO Infiniband host channel adapters and software drivers, server fabric software, and server
fabric switches.
11. CISCO service exchange products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. CISCO service control products includes:
(1)
(2)
(3)
CISCO service control application suite and CISCO service control engines
Full range of dynamic identity management products
Full range of policy management products
12. CISCO storage networking products and accessories (or the current replacement or upgrade) to
include, at a minimum, the following:
a. CISCO MDS 9000 multilayer directors and fabric switches, and CISCO wide area file service
(WAFS) software and file engine series appliances
13. CISCO switch products and accessories (or the current replacement or upgrade) to include, at a
minimum, the following:
a.
b.
c.
d.
e.
Full range of ATM switch products
Full range of blade switch products
Full range of lAN network management products
Full range of IAN switch products
Full range of metro Ethernet switch products
14. CISCO WAN switch products includes:
a. MGX switches and other WAN switching products
15. CISCO universal gateways and access servers (or the current replacement or upgrade) to include, at
a minimum, the following:
a. Full range of CISCO universal gateways and access servers’ products and accessories (or the
current replacements or upgrades) to include, at a minimum, the following: 200 series software,
800 series software, LAN2LAN software, AS5400 series software, AS5850 series software,
AS5400 series universal gateways, and AS5800 series universal gateways.
b. CISCO wireless modules, adapter related software, and
accessories.
c. CISCO support services shall include the following:
(1) CISCO Smartnet, including CISCO connection online (CCO), CISCO connection
technical assistance (TAC), and CISCO documentation CD ROM.
16. Technology Additions to Catalog
a. Hardware, software, and components acquired under a contract and subsequently modified by the
Proposer to enhance their capabilities shall, for the duration of this contract and any renewals
and/or extensions thereto, maintain full compatibility with equipment, systems, services and
components previously acquired under the contract.
b. The Proposer shall describe any technology changes, provide a clear technical, and cost
migration path to future standards-based developments by the manufacturer and by the industry
in general.
c. Technology additions, and insertion of additional item(s) within the original scope of the contract
will be conditionally accepted, by Institution, based on the following conditions:
(1) Detailed information related to upgrades on hardware and software for applicable components
bid or new technology being inserted must be supplied; and the functional, technical and
performance characteristics of the substituted item must be equal to or better than the item
being replaced; and the substituted item must meet or exceed the technical and operational
requirements as specified herein; and
(2) The substituted item must have been formally announced by the Successful Proposer or
manufacturer as being a standard, commercially available offering; and
(3) The Successful Proposer shall provide Institution with detailed information to substantiate
compliance to the above conditions.
17. Upon acceptance by Institution, any addition, insertion and/or substituted item will become a catalog
item for this contract, subject to the provisions herein.
18. During the contract period and renewals thereof, if manufacturers' model number changes occur, or
hardware, software, components and/or replacement parts are discontinued, equal or better hardware
and software substitutions must be supplied and approved by Institution addition or substitution of
hardware and/or software in the catalog prior to allowing the Successful Proposer to offer the items.
19. For each model offered in the catalog, provide the applicable range of options for processors in each
series, I/O controller options, transceiver adapters, port and service adapters, encryption software
options, channel port adapter software.
20. Required adapters, relevant interfaces and modules, flash cards, USB flash storage, memory
modules, power cords, power supplies, cables, connectors for each model included in the catalog.
C.2.3
Order Placement
1. Minimum Quantities/Amounts
Proposer shall describe its minimum quantities/amounts order placement process, to include not
requiring minimum quantity limitations for products proposed.
2. Ordering Tools
Proposer shall describe its ordering tools, at a minimum, Proposer shall include the following:
a. A comprehensive catalog of products. A copy of this catalog, electronic is preferred if available,
must be included with Proposer’s Technical Proposal. At a minimum, annual updated catalogs
are to be provided to the Institution.
b. On-line Ordering Platform
In addition to a catalog, Proposer shall offer an on-line, web-based ordering system. The system
must be secure and password protected to ensure that the Institution is not at risk from
unauthorized persons placing orders in the name of the Institution Departments as well as
unauthorized capture or obtaining transmitted Institution data from the network or Internet. The
successful proposer will hold the Institution harmless if proposer’s security is breached and
unauthorized purchases are made which were not as a result of Institution negligence.
The on-line system must have all items covered by the resulting contract with the net discount
price to the Institution. An online picture of most catalog items is required.
Address information will be entered on-line including but not limited to, name of person placing
order, department name, address including building name and phone number.
The successful Proposer shall keep the on-line, web-based ordering system current. Proposer
shall include in its RFP response information regarding the frequency of web-site maintenance
and down-time to the Institution. It is preferred that system maintenance not occur during the
hours of 8:00am and 4:30pm in central and eastern time zones.
The Institution must have online access to all order transactions in order for the Institution to
compile ad hoc reports as needed. The minimum information required shall be Institution
department name, account number, date of transaction, items ordered, quantity ordered, catalog
number, cost, and name of person placing order.
c.
Proposer shall indicate in its Proposal Response what ordering options are available for those with
disabilities.
3. Ordering Documentation.
Proposer shall describe its process for ordering documentation, to include the following:
a. Literature. Successful Proposer shall provide, upon request and at no additional cost, as many
brochures, catalogs, price lists, and other ordering aids as deemed necessary by the ordering
institution.
b. Samples. Institution may request samples of products, provided at no cost, prior to making a final
determination of purchase.
And any other ordering aids as deemed necessary by the ordering institution for products proposed.
4. Ordering Methods
In addition to the on-line ordering platform, Proposers must describe its process for accepting orders
via telephone, mail, and fax. Additionally, Proposer shall describe its process for accepting
procurement cards, purchase orders, fax orders, and verbal orders. For purposes of the contract
resulting from this RFP, an order shall be considered placed with the successful Proposer by being
transmitted and received by electronic transmission, telephone, fax, or receipt of a purchase order.
5. Ordering Times
Proposers shall describe its process for ensuring that on-line ordering will be available 24/7. Proposer
shall also describe its process for all other ordering methods to include its process allowing orders to
be placed during regular working hours, Monday-Friday, 8:00AM to 4:30PM CT and ET time zones.
Proposer shall state its time of operation in this section, but such times are not to be less than those
hours stated above.
6. Order Placement/Acknowledgement
Proposer shall describe its process for providing Institutions not utilizing the on-line ordering platform,
a Statement of Work identifying aIl products and services that have been requested by an Institution.
The Statement of Work must clearly identify separate line items for the following:
a.
b.
c.
d.
e.
C.2.4
Hardware or Equipment
Software
Software Licenses
Services
Training
Deliveries/Returns/Back Ordered Items
1. Delivery Times
Proposer shall describe its normal daily delivery times for deliveries to each Institution.
2. Desktop Delivery
Proposer shall describe its process for delivering all orders directly to the ordering office or designated
point of delivery (including off-campus sites).
3. Proposers shall describe its process for ensuring that all prices are to be F.O.B. Destination with
freight and delivery charges included. Title of item(s) does not transfer to the Institution until accepted
as provide by a delivery receipt signed by the ordering office/department.
4. Proposers shall describe its process to ensure that deliveries are to be made only in quantities
ordered by Institution.
5. Delivery Confirmation
Proposer shall describe its process to ensure that Proposer’s delivery personnel shall have the
Institution’s department sign a delivery/packing slip. A packing slip or other transmittal document shall
accompany each order. Multiple copies of such document are requested to enable the ordering
department and the Proposer to have signed delivery acceptance documentation. Priced delivery
tickets are required to allow departments to quickly scan the document for errors.
6. Damaged Deliveries
Proposer shall describe its process pertaining to damaged deliveries; to include the Proposer being
responsible for packaging all items necessary to safeguard such items from damage during shipment.
Deliveries of damaged merchandise, incorrect items or quantities, or “stale” merchandise shall be
corrected the next business day or in the same number of days as the same delivery category the
merchandise originated within.
7. Damage to Institution
Proposer shall describe its process regarding damage to the Institution, including the Proposer being
responsible for the repair and/or replacement involving any damages to state property during
deliveries/installations.
8. Returns
Proposer shall describe its process regarding returns, to include that all returns will be made to
Proposer from Institution departments and credits for returns will be made to returning department.
Additionally, Proposer’s process shall include language ensuring that Proposer shall not charge a
restocking fee for returns by Institution. Proposer to include a copy of the proposer’s return policy with
its Technical Proposal response.
9. Back-Ordered Items
Proposer shall describe its process for dealing back-ordered items, to include language which states
that if an item is on backorder (not scheduled for delivery for 5 business days), successful proposer
will notify ordering department for the ordering department to make a determination to accept late
delivery or cancel the item from the order.
C.2.5
Invoicing/Billing & Payment
1. Proposer shall describe its process for invoicing/billing & payment, to include Proposer’s
understanding that the Institution considers payment of invoices when merchandise is received and/or
installed, not when items are shipped.
2. Proposer shall describe its process to include Proposer’s understanding that for all non-procurement
card orders, Proposer shall provide Institution with an itemized invoice for supplies for each individual
order.
3. Proposer shall describe its process for ensuring that invoices shall be sent in triplicate, no variances
will be allowed and the invoice amount must equal order amount. Substantial errors made by the
Proposer will be taken under consideration, upon request, by each occurrence.
4. Proposer shall describe its process to ensure that statements summarizing invoice numbers or activity
will not be acceptable. Additionally, the process must describe its understanding that payment will not
be made from a statement of account.
5. Proposer shall describe its process including its understanding that a combination packing list/invoice
is not desired, as Institution accounting controls would be breached.
6. Proposer shall describe its process to ensure that the Institution may consolidate payment of invoices,
wherever applicable.
7. Proposer shall describe its process including an acknowledgement that he Institution is governed by
the Tennessee Prompt Pay Act of 1985 which allows 45 days for payment of invoice. It is common
practice to pay all legitimate charges within a thirty (30) day period from receipt of undisputed invoice.
8. Proposer shall describe how its process will recognize that the Institution is exempt from federal
excise taxes and from state sales tax. Exemption certificates will be provided upon request.
C.2.6
Hardware/Software Requirements
1. Proposer shall describe its process pertaining to hardware/software requirements to include all
hardware must (where appropriate) use industry-standard interfaces.
2. Proposer shall describe its process pertaining to hardware/software requirements to include all offered
equipment, options and hardware must be identified by model number and CISCO nomenclature.
3. Proposer shall describe its process pertaining to hardware/software requirements to include all
hardware delivered must be accompanied by complete industry standard owner's/operator's manuals,
installation instructions, and technical documentation for such product.
4. Hardware Technical requirements
Proposer shall describe its process pertaining to hardware technical requirement to include
maintaining the compatibility and adherence to functional requirements and specifications of all
hardware, regardless of changes by the manufacturer in product specifications or operational
characteristics. All hardware, as delivered, must meet current manufacturer's specifications.
5. Software/Operating Systems Technical Requirements
Proposer shall describe its process pertaining to software/operating systems technical requirements to
include maintaining the compatibility and adherence to functional requirements and specifications of
all system software as offered by the manufacturer as the most current version. In addition, during the
term of the contract all system software offered must migrate over time to later, more current
manufacturer versions and upgrades. The Successful Proposer shall ensure that system software
upgrades for systems and services purchased under these specifications will adhere to this
requirement. Software must be compatible with Institution’s latest operating system and must be
contained in compact disk media or be downloadable from the Successful Proposer's or
manufacturer's website.
C.2.7
Installation Requirements
Turnkey installation shall be defined as a system (hardware and/or software) package that has been built,
installed or supplied by the original equipment manufacturer (OEM) complete and ready to operate.
Proposer shall describe its process to ensure that Proposer’s installation is defined as hardware, software,
and replacements (hardware, software, and parts) requiring the Successful Proposer to install. The
Successful Proposer will also be required to provide installation at a location designated by Institution.
Installation has been broken down into three (3) categories as follows.
1. Initial installation
2. Update/upgrade installation
3. Replacement, repair or maintenance installation
Upgrades/updates shall be defined as upgrading/updating the system hardware and/or software including
recurring (24x7) support, configurations and maintenance during the term of the contract and renewals
thereof.
Software subscriptions shall be defined as any licensure required of software necessary for contract
compliance.
At the request of the Institution, the successful Proposer shall install both new and replacement parts,
hardware, software, and/or other related components at Institution locations. Installation and testing, when
required, shall be complete and turnkey (supplied, installed in a condition ready for immediate use) in
accordance with the manufacturers specifications. Installation may be required for all hardware, software,
replacement hardware, software and/or other related components in conjunction with maintenance and
repair.
C.2.8
Training
Describe Proposers process to include its understanding that Institution requires the Successful Proposer
to provide in their catalog all types and levels of CISCO systems training. The training in the catalog must
be provided by an authorized CISCO learning partner. The training classes must be led by a certified
CISCO systems instructor and provide CISCO authorized and approved content. The types of training will
include product specific training, technology training, customized technical user training, and certification
preparation training courses for all levels. Customized technical user training is specialize technical
training that is needed for product, solution, or services that is/will be in the Institution’s environment that
are unique and can't be covered by standard CISCO system training. Certification preparation training
courses shall include all types and levels of training that include: expert (CCIE and CCDE), professional
(CCSP, CCNP, CCVP, CCIP, CCDP), associate (CCNA, CCDA, CCENT), and specialist (security and
VPN, IP communications, wireless LAN, SAN, service provider, service provider operations, advanced
routing and switching, data center).
C.2.9
Warranty Service and Warranty Related Requirements
1. Describe Proposers warranty service and warranty related requirements process to include warranty
start date - warranty becomes effective the date of delivery.
2. Describe Proposers warranty service and warranty related requirements process to include all
hardware, software, and services performed shall be covered under a twelve (12) month warranty by
the Successful Proposer, no matter what the manufacturer's warranty period may be. If the
manufacturer provides a warranty period less than the required twelve (12) months by the state; the
Successful Proposer is required to provide Institution with the remainder of the warranty period
required. If the manufacturer provides a manufacturer's warranty for a period longer than the
requested twelve (12) months; the Successful Proposer shall honor the longer warranty and provide
the full term of the manufacturer's warranty.
3. Describe Proposers warranty service and warranty related requirements process to include during the
warranty period, the Successful Proposer shall replace or repair failed hardware or software at no
additional cost to Institution, unless the failure resulted from misuse or negligence on the part of
Institution or force majeure. Pricing requirements for completing maintenance repairs shall be billed
using the rates defined for catalog replacement parts and labor.
4. Describe Proposers warranty service and warranty related requirements process to include warranty
replacement hardware must be equal to, or better, or of the same make and model as, the hardware it
replaces, and in all cases, compatible with the existing system hardware and software. Software
replacement must be of the same release, or higher, than that being replaced, and in all cases,
compatible with the existing system software and hardware.
5. Describe Proposers warranty service and warranty related requirements process to include Proposer
honoring all warranties extending beyond the expiration or cancellation of this contract as if the
contract were still in effect on all hardware, software, replacement hardware and software.
C.3
Additional Services
Notice: No pricing (including required or optional pricing) information shall be included in the
Technical Proposal. Inclusion of Cost Proposal amounts including notations that items are “free
of charge” or are “at no additional cost” in the Technical Proposal will make the proposal nonresponsive, and the Institution shall reject it.
Proposer shall describe any related products/services available from the proposer in addition to those
required in this RFP. The additional related products/services may be added to the contract before
contract signing at the sole discretion of TBR. Proposer must fully describe the related products/services
in its Technical Proposal response. Costs associated with additional related products/services must be
provided in the Cost Proposal only. Additional Products/Services shall not be scored. If Proposer is not
quoting any additional products/services, it must state this in its Technical Response.
D.
Cost Proposal
Notice: No pricing (including required or optional pricing) information shall be included in the
Technical Proposal. Inclusion of Cost Proposal amounts including notations that items are “free
of charge” or are “at no additional cost” in the Technical Proposal will make the proposal nonresponsive, and the Institution shall reject it.
D.1
Core Lists
Proposer shall provide pricing for the following core list of items:
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GLC-ZX-SMD
GLC-T
GLC-LH-SM
GLC-SX-MMD
WS-C6509-E
WS-C6509-E-FAN
WS-X6704-10GE
WS-F6700-CFC
XENPAK-10GB-SR
WS-CAC-6000W
CAB-7513AC
VS-S720-10G-3CXL
VS-S720-10G
X2-10GB-SR
WS-X6724-SFP
WS-C4506-E
WS-X45-SUP6-E
X2-10GB-CX4
WS-X4624-SFP-E
PWR-C45-1300ACV
PWR-C45-1300ACV/2
N7K-C7010-BUN
CISCO2921/K9
HWIC-1DSU-T1
WS-C3560X-24T-L
WS-C3560X-48T-L
WS-C3560X-24P-L
WS-C3560X-48P-L
WS-C3560X-48PF-L
WS-C3560X-24T-S
WS-C3560X-48T-S
WS-C3560X-24P-S
WS-C3560X-48P-S
WS-C3560X-48PF-S
WS-C3560X-48PF-E
WS-C3560X-48P-E
WS-C3560X-24P-E
WS-C3560X-48T-E
WS-C3560X-24T-E
C3KX-NM-1G
C3KX-NM-10G
C3KX-NM-1G
C3KX-NM-10GT
C3KX-NM-10GT
C3KX-NM-10G
C3KX-NM-BLANK
C3KX-SM-10G
C3KX-SM-10G
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C3KX-PWR-350WAC
C3KX-PWR-715WAC
C3KX-PWR-1100WAC
C3KX-PWR-440WDC
SFP-10G-LR
SFP-10G-SR
SFP-10G-LRM
SFP-H10GB-CU1M
SFP-H10GB-CU3M
SFP-H10GB-CU5M
SFP-H10GB-CU3M
WS-C3750X-24T-L
WS-C3750X-48T-L
WS-C3750X-24P-L
WS-C3750X-48P-L
WS-C3750X-48PF-L
WS-C3750X-24T-S
WS-C3750X-48T-S
WS-C3750X-24P-S
WS-C3750X-48P-S
WS-C3750X-48PF-S
WS-C3750X-12S-S
WS-C3750X-12S-E
WS-C3750X-24S-S
WS-C3750X-24S-E
WS-C3750X-48PF-E
WS-C3750X-48P-E
WS-C3750X-24P-E
WS-C3750X-48T-E
WS-C3750X-24T-E
WS-C2960X-48TS-LL
WS-C2960X-24TS-LL
WS-C2960X-24PS-L
WS-C2960X-48LPS-L
WS-C2960X-48FPS-L
WS-C2960X-24TS-L
WS-C2960X-48TD-L
WS-C2960X-48TS-L
WS-C2960X-24TD-L
WS-C2960X-24PD-L
WS-C2960X-48LPD-L
WS-C2960X-48FPD-L
C2960X-STACK
AIR-CAP1552E-A-K9
AIR-CAP3602I-A-K9
AIR-CAP3602I-AK910
AIR-CAP2602I-A-K9
AIR-CAP2602I-AK910
AIR-CAP1602I-A-K9
MR18-HW
MX60-HW
MR34-HW
LIC-ENT-3YR
LIC-MX60-SEC-3YR
Prices of products may only be increased annually by mutual agreement of the successful proposer and
the Institution. Prices of products may be increased only if the Contractor can provide proof of price
increase from the manufacturer of the item(s). It will be solely Institution’s right to choose either to accept
the price increase or cancel the item from the contract. Institution requires sixty (60) day notice of
anticipated price increases for products.
D.2
Percentage Discounts
Proposer shall provide percentage discounts for the following categories:
1.
2.
3.
4.
5.
Hardware, software and documentation
Maintenance
Hourly rate for on-site technical support services,
Hourly rate for on-site post warranty work requests during normal business hours,
Hourly rate for on-site post warranty work requests at the overtime rate.
This percentage will remain fixed for the term of the contract and renewals thereof.
D.3
Items/services to be provided at No Cost
1.
2.
3.
4.
D.4
Software support - contract year (1) one (24x7x365)
Warranty and warranty service - twelve (12) months
Telephone technical support (24x7x365)
Shipping and handling (F.O.B. destination on hardware and software)
Lease Option
The Institution shall have the option to select a leasing option for any or all proposed equipment,
software, systems, and services. The successful Proposer lease options shall specify a fixed monthly
lease payment, which shall include all proposed fees related to the hardware, software, third party
products, consulting and training services, travel, maintenance, licensing, installation service, and update
costs for each year during the term of the proposed lease.
The Successful Proposer shall be responsible for negotiating, managing and contracting with CISCO for
products and/or services that are part of this Agreement. The Lease Agreement, which shall become a
part of the Master Agreement, is located in Attachment 6.2 of this RFP.
D.4
Other Cost Proposal Requirements
1. Post-warranty maintenance shall not be billed or invoiced prior to expiration of Institution’s requested
warranty period.
2. All areas of Attachment 6.6 that require pricing/percentage discount completion, must be completed
without the use of "n/a", "n/c".
3. Contract pricing will be a firm fixed price quoted on the line items with a unit of issue labeled as; each
(ea) or hour (hr). Contract pricing will be a firm fixed percentage quoted on the line items with a unit of
issue labeled "as per catalog" (apcat) or "percent" (pct).
4. Institution shall not pay the successful proposer for travel time, meals, airfare, lodging or mileage (trip
charges). In addition, Institution shall not pay the successful for the time spent in route to or from state
location where the successful proposer is performing authorized work. Charges billed by the
successful proposer against a contract line such as "labor/hour" will be based on the actual amount of
time the successful proposer spent performing authorized work at an Institution’s location.
5. The Institution shall only pay the successful proposer for requested hardware, software, and services
in accordance with individual line items listed on the price sheet of the contract or as an item in the
approved catalog.
6. The Institution shall only pay the successful proposer for requested hardware, software, and services
in accordance with individual line items listed on the price sheet of the contract or as an item in the
approved catalog.
7. All shipping and handling costs associated with this contract are to include all initial purchases,
replacement hardware/software and replacement parts of failed hardware/software items, whether
covered under warranty or not, shall be F.O.B. Destination.
8. The Institution shall not be billed restocking fees for standard off-the-shelf products. Institution agrees
that special configuration items are not returnable products.
9. The successful proposer’s technical support services will be billed at a per hour rate (per request for
on-site visit). Manufacturer (CISCO services) technical support services are billed as listed in the new
catalog.
ATTACHMENT 6.5
TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION A
SECTION A — MANDATORY REQUIREMENTS
TECHNICAL PROPOSAL & EVALUATION GUIDE
SECTION A: MANDATORY REQUIREMENTS. The Proposer must address all items detailed below and
provide, in sequence, the information and documentation as required (referenced with the associated item
references). The Proposer must also detail the proposal page number for each item in the appropriate space
below.
The RFP Coordinator will review the proposal to determine if the Mandatory Requirement Items are addressed
as required and mark each with pass or fail. For each item that is not addressed as required, the Chief
Procurement Officer must review the proposal and attach a written determination. A determination that a
proposal is non-responsive must be approved by the Chief Business Officer before notice may be sent out that
the proposal has been rejected. In addition to the Mandatory Requirement Items, the RFP Coordinator will
review each proposal for compliance with all RFP requirements.
PROPOSER LEGAL ENTITY
NAME:
Proposal
Page #
(Proposer
completes)
Item
Ref.
Section A— Mandatory Requirement Items
The Proposal must be delivered to the Institution no later than the
Proposal Deadline specified in the RFP Section 2, Schedule of
Events.
The Technical Proposal and the Cost Proposal documentation must
be packaged separately as required (refer to RFP Section 3.2., et.
seq.).
The Technical Proposal must NOT contain cost or pricing information
of any type.
The Technical Proposal must NOT contain any restrictions of the
rights of the State/Institution or other qualification of the proposal.
A Proposer must NOT submit alternate proposals.
A Proposer must NOT submit multiple proposals in different forms (as
a prime and a sub-contractor).
A.1.
Provide the Proposal Transmittal and Statement of Certifications and
Assurances (RFP Attachment 6.3.) completed and signed by an
individual empowered to bind the Proposer to the provisions of this
RFP and any resulting contract. The document must be signed
without exception or qualification.
Pass/Fail
Section A— Mandatory Requirement Items
Continued
A.2.
Provide a statement, based upon reasonable inquiry, of whether the
Proposer or any individual who shall perform work under the contract
has a possible conflict of interest (e.g., employment by the State of
Tennessee or Institution) and, if so, the nature of that conflict.
NOTE: Determination of conflict of interest shall be solely within the
discretion of the Institution, and the Institution reserves the right to
cancel any award.
A.3.
Provide a current bank reference indicating that the Proposer’s
business relationship with the financial institution is in positive
standing. Such reference must be written in the form of a standard
business letter, on bank letterhead, signed, and dated within the past
three (3) months.
A.4.
Provide two current positive credit references from vendors with which
the Proposer has done business written in the form of standard
business letters, on reference’s letterhead, signed, and dated within
the past three (3) months.
A.5.
Provide EITHER:
a) an official document or letter from an accredited credit
bureau, verified and dated within the last three (3) months
and indicating a positive credit rating for the Proposer
(NOTE: A credit bureau report number without the full report
is insufficient and will not be considered responsive.); OR
b) a Dun & Bradstreet Credit eValuator Plus Report dated within
the last three (3) months and indicating a positive credit
rating for the Proposer.
A.6.
Provide a Minority/Ethnicity Form (Attachment 6.1).
A.7.
Provide a copy of a current certificate of liability insurance. If
Proposer’s current limits/coverages do not meet the requirements of
Section 4.8 above, prior to contract award, the successful Proposer
will be required to submit a valid, current certificate of insurance that
meets the requirements of Section 4.8.
TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION B
PROPOSER
NAME:
SECTION B — QUALIFICATIONS & EXPERIENCE
The Proposer must address ALL Qualifications and Experience section items and provide, in sequence,
the information and documentation as required (referenced with the associated item references).
A Proposal Evaluation Team, made up of three or more Institution employees, will independently evaluate
and score the proposal’s “qualifications and experience” responses.
Proposal Page #
(to be completed
by Proposer)
Qualifications & Experience Items
B.1
Describe the Proposer’s form of business (i.e., individual, sole
proprietor, corporation, non-profit corporation, partnership, limited
liability company) and detail the name, mailing address, and
telephone number of the person the Institution should contact
regarding the proposal.
B.2
Provide a Statement of whether there have been any mergers,
acquisitions, or sales of the Proposer company within the last ten
years, and if so, an explanation providing relevant details.
B.3
Provide a Statement of whether the Proposer or any of the Proposer’s
principals, agents, independent contractors, or subcontractors have
been convicted of, pled guilty to, or pled nolo contendere to any
felony, and if so, an explanation providing relevant details.
B.4
Provide a Statement of whether there is any pending litigation against
the Proposer; and if such litigation exists, an attached opinion of
counsel as to whether the pending litigation will impair the Proposer’s
performance in a contract under this RFP.
B.5
Provide a Statement of whether, in the last ten years, the Proposer
has filed (or had filed against it) any bankruptcy or insolvency
proceeding, whether voluntary or involuntary, or undergone the
appointment of a receiver, trustee, or assignee for the benefit of
creditors, and if so, an explanation providing relevant details.
B.6
Provide a Statement of whether there are any pending Securities
Exchange Commission investigations involving the Proposer, and if
such are pending or in progress, an explanation providing relevant
details and an attached opinion of counsel as to whether the pending
investigation(s) will impair the Proposer’s performance in a contract
under this RFP.
B.7
Provide a brief, descriptive Statement indicating the Proposer’s
credentials to deliver the services sought under this RFP.
B.8
Indicate how long the Proposer has been performing the services
required by this RFP and include the number of years in business.
Points
Awarded
Qualifications & Experience Items
Continued
B.9
Indicate the Proposer organization’s number of employees, client
base, and location of offices.
B.10
Provide a narrative description of the proposed project team and its
organizational structure, list its members, and include resumes. (The
Institution reserves the right to approve any changes in the proposed
project team). Information about each project team member shall
include, but not be limited to, the following:
1. Contact Name,
2. Title, and
3. Years with the Proposer’s firm.
B.11
Provide a statement of whether the Proposer intends to use
subcontractors, and if so, the names and mailing addresses of the
committed subcontractors and a description of the scope and portions
of the work the subcontractors will perform.
B.12
Provide customer references for similar contracts representing three
of the larger accounts currently serviced by the Proposer.
Also provide a list of all current contracts, if any, with institutions of
higher education.
Proposers must also provide a list of three (3) contracts that have
been cancelled in the last five (5) year period and the reason for
cancellation. If Proposer does not have three (3) contracts that have
been cancelled in the last five (5) years, Proposer shall list the
contracts that have been cancelled along with a note indicating that
Proposer has not had three (3) contracts that have been cancelled in
the last five (5) years.
Each reference must include:



the company name, business address, contract number and
contract term;
the name, title, email address and telephone number of the
company contact knowledgeable about the project work; and
a brief description of the service provided and the period of
service.
Each evaluator will generally consider the results of reference
inquiries by the Institution regarding all references provided
(both Institution and non-Institution). Current or prior contracts
with the Institution are not a prerequisite and are not required for
the maximum evaluation score possible, and the existence of
such contracts with the Institution will not automatically result in
the addition or deduction of evaluation points.
(Maximum Section B Score = 200)
SCORE (for all Section B items above, B.1 through B.12:
TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION C
Proposer Name
The Proposer must address ALL Technical Approach section items and provide, in sequence, the
information and documentation as required (with the associated item references). A Proposal Evaluation
Team, made up of three or more Institution employees, will independently evaluate and score the proposal’s
response to each item.
Proposal Page #
(to be completed
by Proposer)
C.1 Technical Mandatory Pass/Fail Requirements
1. Proposer shall hold certification by CISCO Systems, Inc. at the time of bid
submission as a “Gold Certified Partner.” A letter of certification must be
from CISCO Systems, Inc. and dated no earlier than 60 days prior to the bid
submission date. The Successful Proposer shall maintain its status as a
“Gold Certified Partner” during the term of the resulting Contract.
2. The Successful Proposer shall provide only new and the latest (hardware,
software, and other related parts) models for the initial purchase of original
equipment, provided by the manufacturer in the marketplace. All subsystem
components, wire, cable, and accessory hardware shall be standard
products of an established and reputable manufacturer. Used,
remanufactured, rebuilt, reconditioned, or prototype hardware or software
will not be accepted as new. In all cases, replacement equipment must be
certified like new and be compatible with the existing systems software and
hardware and provide functionality equal to or greater than the equipment
being replaced. Return merchandise authorization (RMA) equipment shall
be certified like new.
3. Proposer shall have an on-line, web-based ordering platform.
4. Proposer shall accept procurement cards, purchase orders, faxed orders
and verbal orders.
5. Proposer shall provide a forty-eight (48) hour response time to customer
service inquiries.
6. Proposer shall provide support (24x7x365) twenty-four (24) hours a day,
seven (7) days a week, 365 days of the calendar year including weekends
and holidays. Telephone technical support services shall include
troubleshooting hardware, software administration and component problems
with the state analyst or the integrated help desk via telephone.
7. Manufacturer telephone TAC support must be included in Smartnet.
Pass/Fail
TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION C
Proposer Name
The Proposer must address ALL Technical Approach section items and provide, in sequence, the
information and documentation as required (with the associated item references). A Proposal Evaluation
Team, made up of three or more Institution employees, will independently evaluate and score the proposal’s
response to each item.
Proposal Page #
(to be completed
by Proposer)
C.2 Technical Scored Requirements
C.2.1
Customer Service Plan
Institution requires personnel capable of servicing all three (3)
geographic regions of the State of Tennessee – West, Middle, and East.
The Successful Proposer’s personnel will maintain close
communications with the Institution and will be the primary contacts for
the Institution. Please provide the names of personnel that will be
assigned to this account. Please give name, title, telephone number,
fax number, and email address. In addition please provide a summary
of work experience of personnel and evidence of all certifications
required to provide technical support for any and all hardware, software,
and services for CISCO systems, network and security related
hardware, software, management tools, and technical support services.
1. Customer Service Response Time/Inquiries
Institution requires a forty-eight (48) hour response time to inquiries.
How will Proposer handle inquiries? Complaints? Billing Problems?
Pricing Clarifications?
2. Customer Service Hours of Operation
Proposer shall state its hours of operation and toll free phone and fax
numbers available to Institution in regards to this contract.
3. Customer Service Incident Reporting
Proposer shall describe its process for providing, upon request, reports
indicating pending orders/projects and open invoices.
4. Customer Service Product Updates
Proposer shall describe the method(s) the Proposer will employ to keep
the Institution’s employees updated on new product offerings,
promotions, and other Proposer-driven dissemination of marketing
information.
5. Customer Service Monitoring/Reporting
Proposer shall describe its process to continually monitor the
effectiveness of the overall contract and its impact on Institution
Points
Awarded
including data collection, trends, and analyses. Successful Proposer
shall be required to meet with Institution quarterly and provide a report
(broken down by each individual institution) of items purchased, product
category, product description (including manufacturer and model), unit
price, and extended price from this Contract. In addition, successful
Proposer will be required to provide a final, cumulative report at the end
of the potential five (5) year contract term.
6. Customer Service Technical Support and Services
Proposer shall describe its process for providing the following technical
assistance, support, and related services, as requested by Institution:
Service - Performance Requirements – Describe Proposer’s process for
maintaining the compatibility and adherence to functional requirements
and specifications of all hardware and software as offered by the
manufacturer as the most current version. In addition, all system
hardware and software offered must migrate over time to later, more
current manufacturer versions and upgrades. Proposer shall ensure and
will maintain responsibility that hardware and software upgrades for
hardware and software purchased
under these specifications shall adhere to this requirement.
Telephone Technical support – Describe Proposer’s process for
providing support (24x7x365) twenty-four (24) hours a day, seven (7)
days a week, 365 days of the calendar year including weekends and
holidays. Telephone technical support services shall include
troubleshooting hardware, software administration and component
problems with the state analyst or the integrated help desk via
telephone.
On-Site Technical Support Requirements – Describe ability for Proposer
and manufacturer (CISCO systems) to work on-site with Institution, if
requested by the Institution. These on-site technical support services
provided by proposer/manufacturer are outside the scope and not
covered by the manufacturer warranty and post warranty (Smartnet).
Proposer shall provide a certified technician and/or certified CISCO
engineer to provide hands on service at Institution locations statewide,
as deemed. The services requested may include design, configuration,
setup, installation, integration, and installation of all hardware and
software necessary to operate the solution. Proposer on-site technical
support service, when requested by Institution, shall be billed by a per
hour charge.
CISCO services shall include the following at a minimum: technical
services, advanced services, and remote operations services. CISCO
system's on-site services, when requested by Institution, shall be billed
as listed in the manufacturer's catalog.
Project Management – At the Institution’s option, Institution may request
the Successful Proposer to manage and coordinate the ordering,
shipping, delivery, installation, testing and training of CISCO systems,
network and security related hardware, software, management tools and
technical support services. The Proposer shall describe its plan to
provide consistency in delivering project management through a single
point of contact.
Other Requirements Proposer shall provide its process for providing a single point of contact
(via local Nashville, TN or toll-free telephone number) shall be provided
for technical support to the Institution.
Proposer shall provide its process for ensuring that all invoices for
service must be itemized. The Installation fee should not be included in
the price of the hardware and/or software.
Manufacturer telephone TAC support must be included in Smartnet.
7. Escalation Procedures
Proposer shall describe its escalation procedures to ensure that after
the Field Technician arrives on-site and if the problem or failure has not
been corrected after two (2) clock hours, the contractor's field service
representative shall notify the successful proposer's or manufacturer's
TAC (Technical Assistance Center) Manager. The time period starts
when work on the failed equipment, hardware, and/or software begins.
If the problem/failure has not been corrected after four (4) clock hours,
the TAC Manager will escalate the problem to TAC escalations group.
Escalations group support will commence immediately.
If the problem/failure cannot be resolved the same business day as
dispatch of successful proposer’s field service representative, the
Successful Proposer’s escalation group will open a service request with
tier two or higher level of manufacturer TAC.
Regional technical support management will determine if on-site
regional technical support is required. If required, on-site regional
technical support must be immediately dispatched.
Regional contractor management will communicate by telephone with
the site operations manager on the problem disposition every two (2)
clock hours until the problem or failure is resolved.
8. Outages
Critical Outages – Describe Proposer’s process to ensure that all critical
service work will continue until completion on all problems as long as
reasonable progress is being made to correct those problems.
Proposer’s technicians will sign in and out with the designated
Institution. The Proposer will obtain Institution signature on the detailed
itemized work order reporting the problem status in writing before
leaving the premises. The signed work order shall accompany Proposer
invoices sent to Institution. Failure to provide the signed work order
report may delay payment for service calls.
Critical outage is an absolute emergency and urgent need and must be
responded to upon notification. Telephone technical support must be
initialized within two (2) hours regardless of the day of the week or time
of day (twenty-four (24) hours a day, seven (7) days a week). All critical
outage issues shall be completed no later than twenty-four (24) hours
after notification from Institution of the urgent need for service.
Institution has the option to designate outages as being either critical or
non-critical. Critical outages shall be serviced within appropriate time
period regardless of the time of day or the day of the week. It will be the
sole responsibility of Institution to designate critical outages. The
successful Proposer does not have the right to question if an outage is
critical or not.
Non-Critical Outages - Non-critical outage is not an urgent need and
service may be scheduled or performed within the guidelines of the
specifications, at the time the request is made by Institution. Describe
the Proposer’s process for responding within twenty-four (24) business
hours Ii an on-site visit is required, for non-critical outages. Additionally,
describe Proposer’s plan for ensuring that repairs are accomplished,
during Institution’s normal business hours. The technical support team
must include the point of contact, representative for each level of
contractor management, including escalation procedure staff that are
certified to provide services required for the contract. Provide the
names, e-mail addresses, telephone numbers and fax numbers for
Proposer’s proposed technical support team:
Note: One (1) individual must not hold more than two (2) titles of the
below listed titles. Institution requires a single point of contact for each
title. If a listed title does not have an individual as point of contact;
please place "vacant" in that title. All telephone numbers provided
should be local or toll free.
ACCOUNT SERVICE MANAGER
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
PROPOSER TELEPHONE TECHNICAL SUPPORT
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
MANUFACTURER TELEPHONE TECHNICAL SUPPORT
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
FIELD SERVICE REPRESENTATIVE
Name ________________________________
Title ________________________________
Address ________________________________
________________________________
________________________________
Telephone number ________________________________
Mobile/cell number_______________________________
Fax number ________________________________
Email address ________________________________
The Successful Proposer shall provide updated information for the
above requested contacts throughout the entire contract period and
renewals thereof.
C.2.2
Catalog Requirements
Describe The Proposer’s process for ensuring that the Proposer’s
catalog submitted with this Request for Proposal (RFP) and all
supplements received after award, shall not contain any of the
Proposer’s or manufacturer's terms and conditions.
The published catalog (proposer's or manufacturer’s) may contain items
not considered relevant to this Contract. Institution requires all
Proposers interested in bidding to provide a complete catalog of offered
products and services pertaining to and/or authorized relating to and
available for CISCO systems, network and security related hardware,
software, management tools, and technical support services in
compliance with the scope of this RFP. The catalog offerings must be
provided for the duration of the Contract and renewals thereof and shall
include the current available products and services.
The Successful Proposer will be allowed to update the approved catalog
up to two (2) times a year, each year during the term of the contract and
renewals thereof. These updates are used to change catalog item
pricing and product numbers in accordance with the terms and
conditions of the original bid document. However, an unlimited number
of supplements to the existing catalog may be submitted with approval
from Institution’s Central Office. The supplement is to be used for
adding products and services not available at the time of award, but
which fall within the scope of the original specifications.
Describe if Proposer has the ability to provide an electronic USB flash
drive and make available to users upon award. The electronic USB
flash drives should include the latest version of the catalog detailing
CISCO systems, network and security related hardware, software,
management tools, and technical support services pricing, part/catalog
number to include configuration options and service offerings. An
updated electronic catalog must be provided, if available, to Institution
as necessary.
1. Catalog Categories
Institution requires all Proposers to provide with their Proposal a
complete catalog of products to include the following categories:
a.
b.
c.
d.
CISCO services
CISCO IOS software
Interfaces and modules
Interoperability systems
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
Network management
Optical networking
Routers and routing systems
Security hardware and software
Server networking and virtualization
Service exchange
Storage networking
Switches
Universal gateways and access servers
Wireless adapter modules
CISCO Smartnet
Networking software
2. CISCO services products (or the current replacement or upgrade) to
include, at a minimum, the following:
a.
b.
c.
Full range of technical services
Full range of advanced services
Full range of remote operations services
3. CISCO IOS software products and accessories (or the current
replacement or upgrade) to include, at a minimum, the following:
a. CISCO IOS technologies includes broadband, IOS IP mobility,
IOS security, high availability, IP multicast, IP routing and
services, ipv6, management instrumentation, multiprotocol label
switching (MPLS), quality of service (QOS), and virtual private
networks (VPNS).
b. CISCO IOS software releases includes versions: 15.0
family,12.4 family, 12.3 family, 12.2 family, 12.2 s family, 12.1
family, and 12.0 family.
c.
CICO IOS XR software releases
4. CISCO interfaces and modules products and accessories (or the
current replacement or upgrade) to include, at a minimum, the
following:
a. Application networking services modules, ethernet switching
network modules, multiprocessor WAN application modules,
network modules, network processor modules, optical service
modules, security modules, service modules, storage
networking modules, transceiver modules, wan switching
modules, and wavelength division multiplexing (WDM)
transmission modules. Broadband processing engines,
interface processors, network processing engines, route
processors and route switch processors, and versatile interface
processors.
b. High-speed wan interface cards, interface cards, line cards,
optical transponders, port adapters, power supply, service
adapters, shared port adapters/spa interface processors,
universal broadband router line cards, universal serial bus
(USB) cards, and wan interface cards.
5. CISCO interoperability systems products and accessories (or the
current replacement or upgrade) to include, at a minimum, the
following:
a. 7800 series media convergence servers, IPICS deployment
options, IPICS operational views, PICS phone client, IPICS
PMC client software, IPICS policy engine, and IPICS server
software.
6. CISCO network management products and accessories (current
replacement or upgrade) to include, at a minimum, the following:
a. Full range of CISCO datacenter management products.
b. Full range of CISCO network analysis and planning products.
c. CISCO network configuration and change management
products.
d. CISCO network management services modules.
e. CISCO optical management.
f. Other CISCO network management products that include
application deployment engine, internet operation support
systems (OSS) for broadband cable, license manager, and
router web setup tool.
g. CISCO routing and switching management
h. Active network abstraction products, active network abstraction
software development kits (SDKS), assurance managers, info
center products, IP solution center products, network
connectivity center products, CISCOWORKS LAN management
solution bundle, CISCOWORKS LAN management solution
extensions, diagnostics expert products, element management
systems, multicast management, programmatic interfaces, and
WAN management.
i. Full range of CISCO security and identity management
products.
j. Full range of CISCO small and medium business network
management products.
7. CISCO optical networking (or the current replacement or upgrade)
to include, at a minimum, the following:
a. Long haul/extended long haul, metro core, metro DWDM, metro
edge/access, and optical accessories
b. Full range of CISCO optical network systems products and
accessories (or the current replacements or upgrades) to
include the following model series and not limited to: CISCO
ONS 15100 series, ONS 15200 series, ONS 15300 series,
ONS 15400 series, ONS 15500 series, ONS 15600 series,
ONS 15800 series, NCS 4000 an 2000, ONT 1000 series,
lightstream asynchronous transfer mode (ATM) switches series,
and catalyst 8500 series multiservice switch routers.
8. Full range of CISCO router products to consist of a minimum of the
following: modular, fixed-configuration, integrated service routers,
broadband routers, multi-service access routers, digital subscriber
line (DSL) routers, asymmetric digital subscriber line (ADSL)
routers, and integrated services digital network (IDSN) remote node
products. Router and network hardware and software to include the
following areas:
a. Full range of CISCO routers (current replacements or
upgrades) in the following model series: CISCO 12000, 10700,
10000, 7600, 7500, 7300, 7200, 6000, 3800, 3700, 3600, 3200,
2800, 1900, 800, carrier routing systems, ASR 9000, 1000, 900
routers, and XR 12000 router series.
9. CISCO security products and accessories (or the current replacement
or upgrade) to include, at a minimum, the following:
a. CISCO anomaly detection and mitigation products that includes:
Anomaly detection and mitigation appliances, distributed denial
of service (DDOS) management systems, and anomaly
detection and mitigation integrated switch/router service
modules.
b. Full range of application optimization and security products
c.
CISCO compliance validation product includes:
(1) CISCO clean access, trust agent, and network admission
control-enabled products.
d. Full range of CISCO endpoint security products
e. CISCO firewall products includes:
(1) Firewall appliances, firewall integrated switch/router
services, firewall management, and integrated router security.
f.
Full range of CISCO identity management products
g. CISCO integrated router/switch security products includes:
(1) Integrated router security and integrated switch security
h. Full range of multifunction security products
l.
CISCO network intrusion prevention products includes:
(1) CISCO incident control systems, intrusion prevention
system, IPS appliances, IPS integrated switch/router
services, IPS
management, and integrated router security.
j.
Cisco security management products includes:
(1) Device management, management applications, and
security
information management.
k.
Cisco virtual private networks (VPN) products includes:
(1) Integrated router security, VPN clients, VPN appliances,
VPN integrated switch/router services, VPN management,
virtual network computing, CISCO security information
management solution, CISCOWORKS VPN/security, and
CISCOWORKS security information management solution.
10. CISCO server networking and virtualization products and
accessories (or the current replacement or upgrade) to include, at a
minimum, the following:
a. CISCO Infiniband host channel adapters and software drivers,
server fabric software, and server fabric switches.
11. CISCO service exchange products and accessories (or the current
replacement or upgrade) to include, at a minimum, the following:
12. CISCO storage networking products and accessories (or the current
replacement or upgrade) to include, at a minimum, the following:
a. CISCO MDS 9000 multilayer directors and fabric switches, and
CISCO wide area file service (WAFS) software and file engine
series applianes
13. CISCO switch products and accessories (or the current replacement
or upgrade) to include, at a minimum, the following:
a.
b.
c.
d.
e.
Full range of ATM switch products
Full range of blade switch products
Full range of lAN network management products
Full range of IAN switch products
Full range of metro Ethernet switch products
14. CISCO WAN switch products includes:
a. MGX switches and other WAN switching products
15. CISCO universal gateways and access servers (or the current
replacement or upgrade) to include, at a minimum, the following:
a. Full range of CISCO universal gateways and access servers’
products and accessories (or the current replacements or
upgrades) to include, at a minimum, the following: 200 series
software, 800 series software, LAN2LAN software, AS5400
series software, AS5850 series software, AS5400 series
universal gateways, and AS5800 series universal gateways.
b. CISCO wireless modules, adapter related software, and
accessories.
c. CISCO support services shall include the following:
(1) CISCO Smartnet, including CISCO connection online
(CCO), CISCO connection technical assistance (TAC), and
CISCO documentation CD ROM.
16. Technology Additions to Catalog
a. Hardware, software, and components acquired under a contract
and subsequently modified by the Proposer to enhance their
capabilities shall, for the duration of this contract and any
renewals and/or extensions thereto, maintain full compatibility
with equipment, systems, services and components previously
acquired under the contract.
b. The Proposer shall describe any technology changes, provide a
clear technical, and cost migration path to future standardsbased developments by the manufacturer and by the industry in
general.
c.
Tecnology additions, and insertion of additional item(s) within
the original scope of the contract will be conditionally accepted,
by Institution, based on the following conditions:
(1) Detailed information related to upgrades on hardware and
software for applicable components bid or new technology
being inserted must be supplied; and the functional,
technical and performance characteristics of the substituted
item must be equal to or better than the item being
replaced; and the substituted item must meet or exceed the
technical and operational requirements as specified herein;
and
(2) The substituted item must have been formally announced
by the Successful Proposer or manufacturer as being a
standard, commercially available offering; and
(3) The Successful Proposer shall provide Institution with
detailed information to substantiate compliance to the
above conditions.
17. Upon acceptance by Institution, any addition, insertion and/or
substituted item will become a catalog item for this contract, subject
to the provisions herein.
18. During the contract period and renewals thereof, if manufacturers'
model number changes occur, or hardware, software, components
and/or replacement parts are discontinued, equal or better hardware
and software substitutions must be supplied and approved by
Institution addition or substitution of hardware and/or software in the
catalog prior to allowing the Successful Proposer to offer the items.
19. For each model offered in the catalog, provide the applicable range
of options for processors in each series, I/O controller options,
transceiver adapters, port and service adapters, encryption software
options, channel port adapter software.
20. Required adapters, relevant interfaces and modules, flash cards,
USB flash storage, memory modules, power cords, power supplies,
cables, connectors for each model included in the catalog.
C.2.3
Order Placement
1. Minimum Quantities/Amounts
Proposer shall describe its minimum quantities/amounts order
placement process, to include not requiring minimum quantity
limitations for products proposed.
2. Ordering Tools
Proposer shall describe its ordering tools, at a minimum, Proposer
shall include the following:
a. A comprehensive catalog of products. A copy of this catalog,
electronic is preferred if available, must be included with
Proposer’s Technical Proposal. At a minimum, annual updated
catalogs are to be provided to the Institution.
b. On-line Ordering Platform
In addition to a catalog, Proposer shall offer an on-line, webbased ordering system. The system must be secure and
password protected to ensure that the Institution is not at risk
from unauthorized persons placing orders in the name of the
Institution Departments as well as unauthorized capture or
obtaining transmitted Institution data from the network or
Internet. The successful proposer will hold the Institution
harmless if proposer’s security is breached and unauthorized
purchases are made which were not as a result of Institution
negligence.
The on-line system must have all items covered by the resulting
contract with the net discount price to the Institution. An online
picture of most catalog items is required.
Address information will be entered on-line including but not
limited to, name of person placing order, department name,
address including building name and phone number.
The successful Proposer shall keep the on-line, web-based
ordering system current. Proposer shall include in its RFP
response information regarding the frequency of web-site
maintenance and down-time to the Institution. It is preferred
that system maintenance not occur during the hours of 8:00am
and 4:30pm in central and eastern time zones.
The Institution must have online access to all order transactions
in order for the Institution to compile ad hoc reports as needed.
The minimum information required shall be Institution
department name, account number, date of transaction, items
ordered, quantity ordered, catalog number, cost, and name of
person placing order.
c.
Proposer shall indicate in its Proposal Response what ordering
options are available for those with disabilities.
3. Ordering Documentation.
a. Literature. Successful Proposer shall provide, upon request
and at no additional cost, as many brochures, catalogs, price
lists, and other ordering aids as deemed necessary by the
ordering institution.
b. Samples. Institution may request samples of products,
provided at no cost, prior to making a final determination of
purchase.
4. Ordering Methods
In addition to the on-line ordering platform, Proposers must
describe its process for accepting orders via telephone, mail, and
fax. Additionally, Proposer shall describe its process for accepting
procurement cards, purchase orders, fax orders, and verbal orders.
For purposes of the contract resulting from this RFP, an order shall
be considered placed with the successful Proposer by being
transmitted and received by electronic transmission, telephone, fax,
or receipt of a purchase order.
5. Ordering Times
Proposers shall describe its process for ensuring that on-line
ordering will be available 24/7. Proposer shall also describe its
process for all other ordering methods to include its process
allowing orders to be placed during regular working hours, MondayFriday, 8:00AM to 4:30PM CT and ET time zones. Proposer shall
state its time of operation in this section, but such times are not to
be less than those hours stated above.
6. Order Placement/Acknowledgement
Proposer shall describe its process for providing Institutions not
utilizing the on-line ordering platform, a Statement of Work
identifying aIl products and services that have been requested by an
Institution. The Statement of Work must clearly identify separate
line items for the following:
a.
b.
c.
d.
e.
f.
C.2.4
Hardware or Equipment
Software
Software
Licenses
Services
Training
Deliveries/Returns/Back Ordered Items
1. Delivery Times
Proposer shall describe its normal daily delivery times for deliveries
to each Institution.
2. Desktop Delivery
Proposer shall describe its process for delivering all orders directly
to the ordering office or designated point of delivery (including offcampus sites).
3. Proposers shall describe its process for ensuring that all prices are
to be F.O.B. Destination with freight and delivery charges included.
Title of item(s) does not transfer to the Institution until accepted as
provide by a delivery receipt signed by the ordering
office/department.
4. Proposers shall describe its process to ensure that deliveries are to
be made only in quantities ordered by Institution.
5. Delivery Confirmation
Proposer shall describe its process to ensure that Proposer’s
delivery personnel shall have the Institution’s department sign a
delivery/packing slip. A packing slip or other transmittal document
shall accompany each order. Multiple copies of such document are
requested to enable the ordering department and the Proposer to
have signed delivery acceptance documentation. Priced delivery
tickets are required to allow departments to quickly scan the
document for errors.
6. Damaged Deliveries
Proposer shall describe its process pertaining to damaged
deliveries; to include the Proposer being responsible for packaging
all items necessary to safeguard such items from damage during
shipment. Deliveries of damaged merchandise, incorrect items or
quantities, or “stale” merchandise shall be corrected the next
business day or in the same number of days as the same delivery
category the merchandise originated within.
7. Damage to Institution
Proposer shall describe its process regarding damage to the
Institution, including the Proposer being responsible for the repair
and/or replacement involving any damages to state property during
deliveries/installations.
8. Back-Ordered Items
Proposer shall describe its process for dealing back-ordered items,
to include language which states that if an item is on backorder (not
scheduled for delivery for 5 business days), successful proposer will
notify ordering department for the ordering department to make a
determination to accept late delivery or cancel the item from the
order.
C.2.5
Invoicing/Billing & Payment
1. Proposer shall describe its process for invoicing/billing & payment,
to include Proposer’s understanding that the Institution considers
payment of invoices when merchandise is received and/or installed,
not when items are shipped.
2. Proposer shall describe its process to include Proposer’s
understanding that for all non-procurement card orders, Proposer
shall provide Institution with an itemized invoice for supplies for
each individual order.
3. Proposer shall describe its process for ensuring that invoices shall
be sent in triplicate, no variances will be allowed and the invoice
amount must equal order amount. Substantial errors made by the
Proposer will be taken under consideration, upon request, by each
occurrence.
4. Proposer shall describe its process to ensure that statements
summarizing invoice numbers or activity will not be acceptable.
Additionally, the process must describe its understanding that
payment will not be made from a statement of account.
5. Proposer shall describe its process including its understanding that
a combination packing list/invoice is not desired, as Institution
accounting controls would be breached.
6. Proposer shall describe its process to ensure that the Institution
may consolidate payment of invoices, wherever applicable.
7. Proposer shall describe its process including an acknowledgement
that he Institution is governed by the Tennessee Prompt Pay Act of
1985 which allows 45 days for payment of invoice. It is common
practice to pay all legitimate charges within a thirty (30) day period
from receipt of undisputed invoice.
8. Proposer shall describe how its process will recognize that the
Institution is exempt from federal excise taxes and from state sales
tax. Exemption certificates will be provided upon request.
C.2.6
Hardware/Software Requirements
1. Proposer shall describe its process pertaining to hardware/software
requirements to include all hardware must (where appropriate) use
industry-standard interfaces.
2. Proposer shall describe its process pertaining to hardware/software
requirements to include all offered equipment, options and
hardware must be identified by model number and CISCO
nomenclature.
3. Proposer shall describe its process pertaining to hardware/software
requirements to include all hardware delivered must be
accompanied by complete industry standard owner's/operator's
manuals, installation instructions, and technical documentation for
such product.
4. Hardware Technical requirements
Proposer shall describe its process pertaining to hardware technical
requirement to include maintaining the compatibility and adherence
to functional requirements and specifications of all hardware,
regardless of changes by the manufacturer in product specifications
or operational characteristics. All hardware, as delivered, must meet
current manufacturer's specifications.
5. Software/Operating Systems Technical Requirements
Proposer shall describe its process pertaining to software/operating
systems technical requirements to include maintaining the
compatibility and adherence to functional requirements and
specifications of all system software as offered by the manufacturer
as the most current version. In addition, during the term of the
contract all system software offered must migrate over time to later,
more current manufacturer versions and upgrades. The Successful
Proposer shall ensure that system software upgrades for systems
and services purchased under these specifications will adhere to
this requirement. Software must be compatible with Institution’s
latest operating system and must be contained in compact disk
media or be downloadable from the Successful Proposer's or
manufacturer's website.
C.2.7
Installation Requirements
Turnkey installation shall be defined as a system (hardware and/or
software) package that has been built, installed or supplied by the
original equipment manufacturer (OEM) complete and ready to operate.
Proposer shall describe its process to ensure that Proposer’s
installation is defined as hardware, software, and replacements
(hardware, software, and parts) requiring the Successful Proposer to
install. The Successful Proposer will also be required to provide
installation at a location designated by Institution.
Installation has been broken down into three (3) categories as follows.
1. Initial installation
2. Update/upgrade installation
3. Replacement, repair or maintenance installation
Upgrades/updates shall be defined as upgrading/updating the system
hardware and/or software including recurring (24x7) support,
configurations and maintenance during the term of the contract and
renewals thereof.
Software subscriptions shall be defined as any licensure required of
software necessary for contract compliance.
At the request of the Institution, the successful Proposer shall install
both new and replacement parts, hardware, software, and/or other
related components at Institution locations. Installation and testing,
when required, shall be complete and turnkey (supplied, installed in a
condition ready for immediate use) in accordance with the
manufacturers specifications. Installation may be required for all
hardware, software, replacement hardware, software and/or other
related components in conjunction with maintenance and repair.
C.2.8
Training
Describe Proposers process to include its understanding that Institution
requires the Successful Proposer to provide in their catalog all types
and levels of CISCO systems training. The training in the catalog must
be provided by an authorized CISCO learning partner. The training
classes must be led by a certified CISCO systems instructor and
provide CISCO authorized and approved content. The types of training
will include product specific training, technology training, customized
technical user training, and certification preparation training courses for
all levels. Customized technical user training is specialize technical
training that is needed for product, solution, or services that is/will be in
the Institution’s environment that are unique and can't be covered by
standard CISCO system training. Certification preparation training
courses shall include all types and levels of training that include: expert
(CCIE and CCDE), professional (CCSP, CCNP, CCVP, CCIP, CCDP),
associate (CCNA, CCDA, CCENT), and specialist (security and VPN, IP
communications, wireless LAN, SAN, service provider, service provider
operations, advanced routing and switching, data center).
C.2.9
Warranty Service and Warranty Related Requirements
1. Describe Proposers warranty service and warranty related
requirements process to include warranty start date - warranty
becomes effective the date of delivery.
2. Describe Proposers warranty service and warranty related
requirements process to include all hardware, software, and
services performed shall be covered under a twelve (12) month
warranty by the Successful Proposer, no matter what the
manufacturer's warranty period may be. If the manufacturer
provides a warranty period less than the required twelve (12)
months by the state; the Successful Proposer is required to provide
Institution with the remainder of the warranty period required. If the
manufacturer provides a manufacturer's warranty for a period
longer than the requested twelve (12) months; the Successful
Proposer shall honor the longer warranty and provide the full term of
the manufacturer's warranty.
3. Describe Proposers warranty service and warranty related
requirements process to include during the warranty period, the
Successful Proposer shall replace or repair failed hardware or
software at no additional cost to Institution, unless the failure
resulted from misuse or negligence on the part of Institution or force
majeure. Pricing requirements for completing maintenance repairs
shall be billed using the rates defined for catalog replacement parts
and labor.
4. Describe Proposers warranty service and warranty related
requirements process to include warranty replacement hardware
must be equal to, or better, or of the same make and model as, the
hardware it replaces, and in all cases, compatible with the existing
system hardware and software. Software replacement must be of
the same release, or higher, than that being replaced, and in all
cases, compatible with the existing system software and hardware.
5. Describe Proposers warranty service and warranty related
requirements process to include Proposer honoring all warranties
extending beyond the expiration or cancellation of this contract as if
the contract were still in effect on all hardware, software,
replacement hardware and software.
Total Raw Weighted Score:
Total Raw Weighted Score
Maximum Possible Raw Weighted Score
(i.e., 5x the sum of item weights above)
X 400
(maximum section score)
ATTACHMENT 6.6
COST PROPOSAL & SCORING GUIDE
NOTICE TO PROPOSER: This Cost Proposal MUST be completed EXACTLY as shown.
PROPOSER
NAME:
SIGNATURE &
DATE:
NOTE: The signatory must be an individual or a company officer empowered to contractually bind the Proposer. If the Signatory is not
the Proposer company president, evidence SHALL be attached showing the Signatory’s authority to bind the Proposer. PROPOSERS
MUST INCLUDE THIS SIGNED COVER SHEET WITH ATTACHMENTS 6.6A and 6.6B IN ITS COST PROPOSAL.
COST/REVENUE PROPOSAL
The Cost Proposal shall include this Attachment 6.6, Attachment 6.6A. Please note that
Proposers are to use the Excel Spreadsheets located on the Purchasing and
Contracts webpage to complete its Cost Proposal.
The proposed cost, detailed in Attachment 6.6A, shall indicate the proposed pricing for
providing the entire scope of service including all services as defined in the RFP
Attachment 6.4. Proposer’s failure to provide its proposed costs associated with this RFP
on the Attachments provided will cause the Proposer’s Response to be considered nonresponsive and Institution shall reject the Proposal.
The proposed cost and the submitted technical proposal associated with this cost shall
remain valid for at least one (1) year subsequent to the date of the Cost Proposal opening
and thereafter in accordance with any resulting contract between the Proposer and the
Institution. All monetary amounts are United States Currency.
Lowest Evaluation Cost Amount from all
Proposals
X 400
(maximum section
score)
=
SCORE
:
ATTACHMENT 6.6A
Request for Proposal 14-0053
CISCO Equipment, Network Software and Services
D.1
Core Lists
Proposer shall provide pricing for the following core list of items:
Item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Description
GLC-ZX-SMD
GLC-T
GLC-LH-SM
GLC-SX-MMD
WS-C6509-E
WS-C6509-E-FAN
WS-X6704-10GE
WS-F6700-CFC
XENPAK-10GB-SR
WS-CAC-6000W
CAB-7513AC
VS-S720-10G-3CXL
VS-S720-10G
X2-10GB-SR
WS-X6724-SFP
WS-C4506-E
WS-X45-SUP6-E
X2-10GB-CX4
WS-X4624-SFP-E
PWR-C45-1300ACV
PWR-C45-1300ACV/2
N7K-C7010-BUN
CISCO2921/K9
HWIC-1DSU-T1
WS-C3560X-24T-L
WS-C3560X-48T-L
WS-C3560X-24P-L
WS-C3560X-48P-L
WS-C3560X-48PF-L
WS-C3560X-24T-S
WS-C3560X-48T-S
WS-C3560X-24P-S
WS-C3560X-48P-S
WS-C3560X-48PF-S
WS-C3560X-48PF-E
Year 1
Year 2
Year 3
Year 4
RATES TO BE PROVIDED ON
EXCEL SPREADSHEETS
Year 5
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
WS-C3560X-48P-E
WS-C3560X-24P-E
WS-C3560X-48T-E
WS-C3560X-24T-E
C3KX-NM-1G
C3KX-NM-10G
C3KX-NM-1G
C3KX-NM-10GT
C3KX-NM-10GT
C3KX-NM-10G
C3KX-NM-BLANK
C3KX-SM-10G
C3KX-SM-10G
C3KX-PWR-350WAC
C3KX-PWR-715WAC
C3KX-PWR-1100WAC
C3KX-PWR-440WDC
SFP-10G-LR
SFP-10G-SR
SFP-10G-LRM
SFP-H10GB-CU1M
SFP-H10GB-CU3M
SFP-H10GB-CU5M
SFP-H10GB-CU3M
WS-C3750X-24T-L
WS-C3750X-48T-L
WS-C3750X-24P-L
WS-C3750X-48P-L
WS-C3750X-48PF-L
WS-C3750X-24T-S
WS-C3750X-48T-S
WS-C3750X-24P-S
WS-C3750X-48P-S
WS-C3750X-48PF-S
WS-C3750X-12S-S
WS-C3750X-12S-E
WS-C3750X-24S-S
WS-C3750X-24S-E
WS-C3750X-48PF-E
WS-C3750X-48P-E
WS-C3750X-24P-E
WS-C3750X-48T-E
WS-C3750X-24T-E
WS-C2960X-48TS-LL
RATES TO BE PROVIDED ON
EXCEL SPREADSHEETS
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
D.2
WS-C2960X-24TS-LL
WS-C2960X-24PS-L
WS-C2960X-48LPS-L
WS-C2960X-48FPS-L
WS-C2960X-24TS-L
WS-C2960X-48TD-L
WS-C2960X-48TS-L
WS-C2960X-24TD-L
WS-C2960X-24PD-L
WS-C2960X-48LPD-L
WS-C2960X-48FPD-L
C2960X-STACK
AIR-CAP1552E-A-K9
AIR-CAP3602I-A-K9
AIR-CAP3602I-AK910
AIR-CAP2602I-A-K9
AIR-CAP2602I-AK910
AIR-CAP1602I-A-K9
MR18-HW
MX60-HW
MR34-HW
LIC-ENT-3YR
LIC-MX60
RATES TO BE PROVIDED ON
EXCEL SPREADSHEETS
Percentage
Discounts
Proposer shall provide percentage discounts for the following categories:
1. Hardware,
software and
documentation
2. Maintenance
Hourly Rates
Proposer shall provide Hourly Rates for the following categories:
3. Hourly rate for onsite technical support
services,
4. Hourly rate for onsite post warranty
work requests during
normal business
hours,
5. Hourly rate for onsite post warranty
work requests at the
overtime rate.
ATTACHMENT 6.7
Listing of TBR Institutions and Eligible UT Institutions and State Departments
Tennessee Board of Regents, System Office
Austin Peay State University
East Tennessee State University
Middle Tennessee State University
Tennessee State University
Tennessee Technological University
University of Memphis
Chattanooga State Technical Community College
Cleveland State Community College
TCAT-Athens
Columbia State Community College
TCAT-Pulaski
TCAT-Hohenwald
Dyersburg State Community College
Jackson State Community College
TCAT-Jackson
TCAT-Whiteville
TCAT-Crump
TCAT-McKenzie
TCAT-Paris
TCAT-Newbern
TCAT-Ripley
TCAT-Covington
Motlow State Community College
TCAT-Shelbyville
TCAT-Murfreesboro
TCAT-McMinnville
Nashville State Community College
TCAT-Nashville
TCAT-Dickson
Northeast State Technical Community College
TCAT-Elizabethton
Pellissippi State Technical Community College
TCAT-Knoxville
Roane State Community College
TCAT-Oneida/Huntsville
TCAT-Harriman
TCAT-Jacksboro
TCAT-Crossville
Southwest Tennessee Community College
TCAT-Memphis
Volunteer State Community College
TCAT-Livingston
TCAT-Hartsville
Walters State Community College
TCAT-Morristown
University of Tennessee – Chattanooga
University of Tennessee – Knoxville
University of Tennessee – Martin
University of Tennessee – Memphis
University of Tennessee – Tullahoma
State of Tennessee Departments
Attachment 6.8
ANNUAL CONTRACT SPEND DATA*
Year
TOTAL
2010/2011
$3,110,718
2011/2012
$2,267,167
2012/2013
$5,076,558
2013/2014
$2,554,305
2014/2015
(3/1/14 to 8/31/14)
TOTAL
$1,442,001
$14,450,749
*This table is provided to show historical spend data and is no guarantee of future spend
ATTACHMENT 6.9
Protest Bond
The Surety Company issuing bond shall be licensed to transact business in the State of Tennessee by the Tennessee
Department of Commerce and Insurance. The bond shall have certified and current Power-of Attorney for the Surety’s
Attorney-in-Fact attached.
KNOW ALL BY THESE PRESENTS:
That we,
_____________________________________________________________________________
(Name of Protestor)
_____________________________________________________________________________
(Address of Protestor)
as the Party filing a protest of the State of Tennessee’s determination(s) regarding a Request for Proposal (RFP)
process, hereinafter called the Protestor, and
_____________________________________________________________________________
(Name of Surety)
_____________________________________________________________________________
(Address of Surety)
as Surety, hereinafter call the Surety, do hereby acknowledge ourselves indebted and securely bound and held unto
the State of Tennessee as Obligee, hereinafter called the Obligee, and in the penal sum of
$_____________________________________________________________________________
(Dollar Amount of Bond)
good and lawful money of the United States of America, for the use and benefit of those entitled thereto, for the
payment of which, well and truly to be made, we bind ourselves, our heirs, our administrators, executors, successors,
and assigns, jointly and severally, firmly by these presents.
BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS:
WHEREAS, the Obligee has issued a Request for Proposal bearing the RFP Number:
(RFP Number)
AND, the Protestor, as an actual proposer to the RFP, claims to be aggrieved in connection with said RFP process;
AND, the signature of an attorney or the Protestor on a request for consideration, protest, motion, or other document
constitutes a certificate by the signer that the signer has read such document, that to the best of the signer’s
knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by
existing law or a good faith argument for the extension, modification or reversal of existing law, and that it is not
interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless
increase in the cost of the procurement or of the litigation;
AND, neither a protest nor a stay of award shall proceed under the laws of the State of Tennessee unless the
Protestor posts a protest bond, the Protestor does file this protest bond payable to the Obligee with a notice of protest
regarding the subject RFP process;
AND, the Obligee shall hold the protest bond for at least eleven (11) calendar days after the date of the final
determination on the protest by the head of the affected agency;
AND, if the Protestor appeals the affected agency head’s determination on the protest to the Chancellor, in
accordance with subsection Tennessee Code Annotated, § 12-4-109(a)(1)(E)(vii), the head of the agency shall hold
said protest bond until instructed by the Chancellor as to its disposition.
NOW, THEREFORE, this obligation or bond shall remain in full force and effect conditioned upon a decision by the
Chancellor that:
A request for consideration, protest, pleading, motion, or other document is signed by an attorney or the
Protestor, before or after appeal to the Chancellor, in violation of Tennessee Code Annotated, § 12-4109(a)(1)(E)(ii);
the Protestor has brought or pursued the protest in bad faith; or
the Protestor’s notice of protest does not state on its face a valid basis for protest.
In which case, this obligation or bond shall be immediately payable to the Obligee. Otherwise, this obligation or bond
shall be null and void.
IN WITNESS WHEREOF, the Protestor has hereunto affixed its signature and Surety has hereunto caused to be
affixed its corporate signature and seal, by its duly authorized officers,
On this __________________________ day of_______ _______________in the year________
WITNESS:
_____________________________________________________________________________
(Name of Protestor)
_____________________________________________________________________________
(Authorized Signature of Protestor)
____________________________________________________________________________
(Name and Title of Signatory)
_____________________________________________________________________________
(Name of Surety)
___________________________________________________________________________
(Signature of Attorney-in-Fact)
_____________________________________________________________________________
(Name of Attorney-in-Fact)
_____________________________________________________________________________
(Tennessee License Number of Surety
ATTACHMENT 6.10
Vendor Checklist for Prevention of Common RFP Mistakes that lead to Proposal Rejection
1.
Attachment 6.5 – Mandatory Requirements: MUST BE PROVIDED IN FORMAT
STATED BY EACH REQUIREMENT
___ Bank Reference (Attachment 6.5A. 3.)
 Letter Format on bank letterhead
 Signed within last three (3) months by authorized representative of bank
Positive Credit Verification (Attachment 6.5A.4.):
___ Two (2) positive credit references
 Letter Format
 Prepared and signed within last three (3) months by vendors with whom Proposer has done
business
___ Official document or letter from accredited credit bureau within last three (3) months (Attachment
6.5 A.5.a.)Not Acceptable: Marketing materials which state credit rating
OR
___ Dun & Bradstreet Credit eValuator Plus Report Dun & Bradstreet dated within last three (3)
months (Attachment 6.5 A.5.(b.)
2.
___ Current Certificate of Insurance with RFP (Attachment 6.5A.7.)
 Acknowledgement:
 If Proposer does not have required insurance limits at time of submission, Proposer must still
submit valid and current insurance certificate.
 However, successful Proposer will have an opportunity to submit certificate with required limits
prior to TBR awarding the contract.
___ Completed Minority/Ethnicity Form (Attachment 6.5A.6.)
___ Statement regarding Conflict of Interest (Attachment 6.5A.2.)
___ Signed and dated “Proposal Transmittal and Statement of Certifications and Assurances” form
(Attachment 6.3)
Submission of Proposal
___ On-Time Submittal (§1.9; Attachment 6.5.A.)
 Deadline is in Section 2 – Schedule of Events
 Submission by deadline includes Technical Proposal and Cost Proposal
 Late Proposals will be IMMEDIATELY DISQUALIFIED (Attachment 6.5. A.)
___ Separately Sealed Cost & Technical Proposals (Attachment 6.5.A.)
___ NO Cost Data of ANY type (required cost or optional cost) in Technical Proposal (§§3.21, 3.3, Attachment
6.5. A.)
 Including ANY costs in Technical Proposal will result in IMMEDIATE DISQUALIFICATION
____A proposer may not submit alternate proposals unless requested and must not submit one proposal as
the prime contractor and another as a sub-contractor
Correct Format (§3):
___ One (1) Original Technical Proposal (§3.1.2)
___ One (1) Electronic Technical Proposal (§3.1.2)
___ One (1) Original Cost Proposal (§3.1.2)
___ Correct number of requested copies of Technical Proposal (§3.1.2)
___ Original Signature on Original Proposal. NO copied or digital Signatures on Original (Attachment 6.5A.1)
* This checklist does not represent either a complete list of, or replacement for, the mandatory requirements listed in the
RFP. This checklist is ONLY A TOOL meant to assist in the prevention of disqualification.
** Please also note that notations on proposals that materials submitted be kept confidential will not be honored. All bid
documents and contracts become public records.