2025 BCPS Internet WAN RFP.pdf

Angelia McClanahan, Chairman Mike Thompson, Vice Chairman Ray Blankenship Tommy Blankenship Jack Compton Brian Looney David Thornbury

Tonya Cox, Clerk

Sherry Fletcher, Superintendent sherry.fletcher@bcpsk12.com

REQUEST FOR PROPOSAL

Buchanan County Public Schools does not discriminate against faith-based organiza�ons or against any contractor, bidder, or offeror because of race, religion, color, sex, na�onal origin, age, disability, or any other basis prohibited by law rela�ng to discrimina�on in employment.

By signing this document, the Offeror agrees that they have carefully examined all the requirements of this solicita�on and that there are no contradic�ons, ambigui�es, errors, or infeasible requirements apparent.

The undersigned further agrees that they will accept an award to carry out the required services under this solicita�on.

In compliance with this Request for Proposal and all the condi�ons imposed herein, including the General

Terms and Condi�ons, and A�achments, the undersigned offers and agrees to furnish the products and/or services in accordance with the signed Proposal or as mutually agreed upon by subsequent nego�a�on.

Name and Address of Firm:

Date:

By:

Signature in Ink

Telephone:

Printed/Typed

Email: FIN/SSN:

BUYING ENTITY: Buchanan County Public Schools (BEN: 126645)

ENTITY ADDRESS: 4447 Slate Creek Rd, Grundy, VA 24614 (ATTN: Kevin Yates)

RFP TITLE: 2025 BCPS Internet WAN

RFP #: 25-C1-WAN

FORM 470 #: 250002493

ISSUE DATE: Monday, January 13, 2025

DEADLINE TO SUBMIT QUESTIONS: Monday, January 21, 2025, no later than 2:00 pm ET

ANSWERS TO QUESTIONS POSTED: Thursday, January 24, 2025, no later than 5:00 pm ET

PROPOSAL SUBMISSION DEADLINE: Friday, February 21, 2025, no later than 2:00 pm ET

RFP CONTACTS: Kevin Yates, kevin.yates@bcpsk12.com

Melissa Zaruba, mzaruba@E-Ratecentral.com

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Contents

I. Service Specifica�ons

II. Service Loca�ons

III. Service Level Agreement

IV. RFP Requirements

V. Evalua�on Criteria

VI. Submi�al Instruc�ons

VII. General Terms and Condi�ons

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

ATTACHMENT E

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I. Service Requirements

1. Buchanan County Public Schools (BCPS) is seeking proposals for Dedicated Internet Access (DIA) and

Wide Area Network (WAN) Data Transport service. To be considered a responsive proposal, offers must include both DIA and WAN services for all listed loca�ons in Sec�on II.

2. Dedicated Internet Access (DIA) with Transport

a. BCPS requires a minimum of 10 Gbps fully managed Dedicated Internet Access with 10 Gbps Transport at the exis�ng Network Opera�ons Center (NOC).

b. Offerors must provide sta�c IP pricing.

c. Offerors must provide router lease op�ons and pricing if separate from service fee.

3. Wide Area Network (WAN) Data Transport

a. BCPS requires a minimum of 1 Gbps fully managed Transport connec�ons between the DIA connec�on at the NOC loca�on and the Wide Area Network Transport loca�ons listed in RFP Sec�on II and “A�achment F - Pricing Schedule.” Service providers are requested to submit offers for incremental bandwidths from 1 Gbps up to 20 Gbps.

b. Pricing provided for WAN connec�ons shall be presented as total cost for both endpoints (A and Z) per circuit.

4. FOR ALL SERVICES

a. Symmetrical bandwidth is required for all connections. Asymmetrical services will not be considered.

b. Service is required by July 1, 2025.

c. Due to anticipated changes to the network design, BCPS will award a contract with an initial term of no more than 12-months (July 1, 2025 – June 30, 2026).

d. BCPS requests the option of two (2) annual renewals, each to align with the E-Rate funding cycle, July 1 – June 30.

e. All proposed solu�ons must be within the specified bandwidth range to be eligible for considera�on. In addi�on to the specified minimum and maximum bandwidths, Service Providers are encouraged to offer a variety of bandwidth op�ons within this range. Refer to the A�achment F - Pricing Schedule for the requested service levels. If the exact bandwidths listed are not available, vendors should include their closest comparable service level for considera�on.

f. Submissions mee�ng any of the three (3) numbered criteria WILL be disqualified.

i. Solu�on does NOT offer at least the minimum bandwidth.

ii. Solu�on does NOT offer bandwidth dedicated to the applicant but instead, the bandwidth is dependent on the number of other customers on the network or some

2025 BCPS Internet and WAN RFP Page 4 of 28 other factor that does not, generally, guarantee the minimum bandwidth as a commi�ed informa�on rate (CIR).

iii. Solu�on includes caps on data usage or slows speeds based on data usage or other factors.

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II. Service Loca�ons

Dedicated Internet Access (DIA) with Transport Services: BCPS is reques�ng proposals for fully managed Dedicated Internet Access service to be delivered to the district Network Opera�ons Center, “A” loca�on. Transport fees for the NOC are to be included in the costs quoted for Dedicated Internet services.

A Loca�on Name Street City State Zip

Network Opera�ons Shop 1118 Almarine Drive Grundy VA 24614

Wide Area Network (WAN) Transport Services: BCPS is requesting proposals for fully managed Wide

Area Network (transport) service to be delivered between the “A” location listed above and the following

“Z” locations.

Z Loca�on Names Street City State Zip

BCPS Administra�on Building 4447 Slate Creek Rd Grundy VA 24614

Buchanan County Bus Garage 1190 Ovenbird Rd Grundy VA 24614

Council Elementary-Middle School 7608 Helen Henderson Hwy Council VA 24260

Council High School 7802 Helen Henderson Hwy Honaker VA 24260

Grundy High School 1300 Golden Wave Dr Grundy VA 24614

Hurley Elementary-Middle School 6911 Hurley Rd Hurley VA 24620

Hurley High School 6339 Hurley Rd Hurley VA 24620

Riverview Elementary-Middle School 27382 Riverside Dr Grundy VA 24614

Twin Valley Elem-Middle School 9017 Riverside Dr Oakwood VA 24631

Twin Valley High School 14449 Dismal River Rd Pilgrims Knob VA 24634

Addi�onally, BCPS requests the option within the life of the contract to add locations to the contract at the exis�ng MRC rate, with BCPS paying for any one-�me charges associated with adding the new site to the network. Any addi�onal sites added to the agreement must be co-terminus with the main agreement.

Unless listed as an excep�on to the RFP, it is agreed the contracted MRC can be extended to addi�onal district loca�ons within Buchanan County, VA during the ini�al contract term or renewal periods.

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III. Service Level Agreement

The services included in this solicita�on are cri�cal to our organiza�ons ability to meet its goals and objec�ves. As such, respondents are expected to explain their proposed service level agreement as well as its process for iden�fying and resolving service issues.

1. Vendors should provide a proposed Service Level Agreement (SLA) with their response addressing the following services and how each is measured.

a. Network availability

b. Frame/packet loss commitment

c. Network latency commitment

d. Network ji�er commitment

e. Outage response �me commitment

f. Restora�on of service �me commitment

2. Network opera�ons center: Solu�on will provide customer support func�ons including problem tracking, resolu�on, and escala�on support management on a 24x7x365 basis. Customer has the right and is encouraged to call concerning any problems that may arise rela�ve to its connec�on with vendor provided services.

3. Trouble repor�ng and response: Upon interrup�on, degrada�on or loss of service, Customer may contact Vendor by defined method with a response based on trouble level. Upon contact from the

Customer, the Vendor support team will ini�ate an immediate response to resolve any Customer issue. Customer will receive rapid feedback on trouble resolu�on, including poten�al resolu�on �me.

4. Escala�on: If service has not been restored in a �mely manner, or the Customer does not feel that adequate a�en�on has been allocated, the Customer can escalate the trouble resolu�on by request.

A list of escala�on contacts will be provided when implementa�on schedule is completed.

5. Resolu�on: The Customer will be no�fied immediately once the problem is resolved and will be asked for verbal closure of the incident.

6. Trouble repor�ng, escala�on, and resolu�on: A detailed trouble repor�ng, escala�on and resolu�on plan will be provided to BCPS.

7. Measurement: Time starts from the �me the Customer contacts vendor and iden�fies the problem.

Credits for outages of a certain dura�on or longer will be iden�fied.

8. Reports: Upon request, an incident report will be made available to the Customer within five (5) working days of resolu�on of the trouble.

9. Link performance per segment: The service will maintain the proposed link performance throughout the term of the contract.

10. Historical up�me: Provide aggregate up�me sta�s�cs for your proposed service in the geographic area encompassing BCPS.

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IV. RFP Requirements

1. Responsiveness

a. The language in this solicita�on has been standardized: "must," "shall," "mandatory," and "required" indicate mandatory specifica�ons that the Applicant expects in the proposed solu�on. Proposals failing to meet these will be disqualified. "Should" and "may" indicate desirable specifica�ons.

b. A mandatory requirement may be waived if all respondents fail to meet a mandatory requirement.

2. Ques�ons

a. All communica�on with the district regarding this solicita�on must be emailed and received by the ”Deadline to Submit Ques�ons” noted on the cover sheet. Ques�ons should be directed to all “RFP Contacts” listed on the cover sheet, with the Form 470 Number included in the subject line. Failure to include all “RFP Contacts” could result in ques�ons going unanswered. Verbal inquiries are not allowed.

b. If applicable, answers will be posted via addendum to the E-Rate Produc�vity Center (EPC) within three (3) business days of the “Deadline to Submit Ques�ons” date. It is the responsibility of every Offeror to ensure they have downloaded the latest version of the Form 470 and/or 470 RFP a�achments, including any addenda.

c. BCPS reserves the right to ask clarifying ques�ons of vendors upon review of proposals.

3. Pre-Proposal Mee�ng or Walk-Through

a. For this RFP, a pre-proposal mee�ng or walk-through is:

Required Op�onal Not Offered

4. Descrip�on of Proposal

a. Respondent will provide a descrip�on of their proposal for all services and solu�ons.

b. Descrip�on will include an overview of the proposal, any devia�ons from the requested architecture, design or requirements, assump�ons made, and other detail BCPS may find useful or necessary (or could differen�ate the solu�on from a compe�ng proposal).

5. Timeline

a. Services are needed effec�ve July 1, 2025. If the service cannot be guaranteed by this date, this must be indicated in the proposal, along with an es�mated �meline for when the service will be available.

b. Proposals requiring li�le to no special construc�on should be able to bring all sites online by the July 1 start of the funding year.

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c. For solu�ons requiring special construc�on, a schedule of bringing the service online must be included with an explana�on of how this �meline shi�s if the date of the E-Rate funding commitment shi�s.

6. Demarca�on

a. All solu�ons must terminate service or infrastructure at the demarca�on point within the building, generally, the MDF.

b. Solu�ons bringing service to the property line but not to the demarca�on point are not acceptable. Contract must terminate service at an MDF to be designated by BCPS.

The Offeror should specify the exact demarca�on setup included in the base fees, such as wall-mounted CPE and CAT6a handoff, rack mount patch panel, etc.

7. Network Diagram

a. For each response, respondents should include a network diagram displaying the paths to be used to serve each endpoint.

b. Diagrams must show if the circuit is routed through any aggrega�on hubs, equipment, or third-party facili�es between BCPS site and point of presence.

8. References

a. For each response, respondent must provide 3 references from current or recent customers (preferably K-12 in Virginia) with projects equivalent to the size of BCPS.

9. E-Rate Par�cipa�on and Compliance

a. Respondents must comply with E-Rate program rules.

b. If the respondent does not have an FCC 498 number or is on FCC red light status, they will be disqualified.

c. Lowest Corresponding Price - As required by Sec�on 54.500(f) of Part 47 of the Code of

Federal Regula�on all bids in response to this RFP must offer the lowest corresponding price (LCP) which is defined as the lowest price that a service provider charges to nonresiden�al customers who are similarly situated to a par�cular E-Rate applicant (school, library, or consor�um) for similar services. See h�ps://www.usac.org/E-Rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/.

d. Prohibited Equipment - By submi�ng a proposal on the requested services herein, the vendor cer�fies its proposed services and/or products are in compliance with Part 47 Sec�on

54.9 and 54.10 of the FCC rules which prohibits the sale, provision, maintenance, modifica�on, or other support of equipment or services provided or manufactured by Huawei, ZTE, or any other covered company posing a na�onal security threat to the integrity of communica�ons networks or the communica�ons supply chain. See h�ps://www.usac.org/about/reports-orders/supply-chain/ for more details.

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10. E-Rate Program Integrity Assurance (PIA) Review

a. If their solu�on is chosen, respondents are required to promptly provide BCPS with any informa�on being requested as part of PIA review.

b. Vendors may assist filing en��es with preparing funding requests or responding to PIA ques�ons and may speak directly with PIA reviewers.

c. For all responses that include special construc�on, the respondent agrees to, by submi�ng its proposal, produce all construc�on labor, construc�on materials and other cost informa�on requested during PIA review.

11. Costs

a. Proposals must include all costs associated with providing service, including but not limited to:

i. Monthly recurring charges (MRC) include any recurring charge related to delivering the services, such as monthly charges for Internet access, transport service, IP addresses, basic termina�ng equipment, etc.

ii. Non-Recurring Charges (NRC) include any one-�me fee other than special construc�on charges. This includes but is not limited to installa�on charges, connec�on charges, and/or basic termina�ng equipment charges.

iii. Special Construc�on Charges (SPC): one-�me costs for deploying new fiber or upgrading network facili�es for eligible en��es. These charges are non-recurring and include the following components: construc�on of network facili�es, design and engineering, and project management.

iv. Failure to iden�fy the monthly recurring, non-recurring, and special construc�on charges will result in the disqualifica�on of the proposal. Respondents are encouraged to provide the es�mated taxes and surcharges associated with the service. Submissions indica�ng that there may be addi�onal MRC, NRC, or SPC related to delivering the services WILL be disqualified.

b. No price increases will be permi�ed during the term of the agreement or renewal periods.

Prices may be decreased based on market condi�ons.

c. Offers must clearly separate E-Rate eligible and ineligible costs.

d. Service providers proposing equipment whose prices may increase depending upon new U.S.

government tariffs imposed on imports are encouraged to (a) iden�fy such products in their offers, and (b) propose an acceptable methodology for limi�ng price adjustments over the life of the contract and/or renewal periods. Subject to contract restric�ons, services may be reevaluated for cost-effec�veness at any �me during the life of the agreement including renewal periods.

12. Special Construc�on

a. In E-Rate terminology, special construc�on refers to the upfront, non-recurring costs for the deployment of new or upgraded facili�es.

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b. If special construc�on is required, please provide installment plan for up to three (3) years for the district’s non-discount share in either annual or monthly payments.

c. Special construc�on and service eligibility for reimbursement have changed star�ng funding year 2016. See the Federal Communica�ons Commission E-Rate moderniza�on order 2 (WC Docket No. 13-184) (h�ps://www.fcc.gov/document/fcc-releases-order-modernizing-E- Rate-21st-century-connec�vity) for more informa�on.

d. Special construc�on charges eligible for Category One support consist of three components:

i. construc�on of network facili�es

ii. design and engineering

iii. project management

e. If no new or upgraded facili�es are being deployed, then any installa�on costs are considered standard non-recurring costs (NRC). Network electronics required to make the service func�onal are not considered special construc�on.

f. Excess fiber strands for special construc�on projects

i. To the extent that the winning service provider installs addi�onal strands of fiber for future business ventures, the winning service provider assumes full responsibility to ensure those incremental costs are allocated out of the special construc�on charges to BCPS in accordance with FCC rules and orders.

ii. If, a�er the issuance of the FCDL, USAC or the FCC determines that the winning service provider did not cost allocate those charges associated with the addi�onal strands, BCPS will not be responsible for reimbursing the winning vendor and the winning vendor will assume all responsibili�es deemed ineligible by USAC.

13. Contracts

a. Service providers submi�ng proposals for contracted service are required to provide the term length requested in the Sec�on I: Service Specifica�ons.

b. Contracts should include an op�on for annual voluntary renewals for up to two (2) addi�onal years, when agreed to in wri�ng by both par�es.

c. Offers requiring term lengths that exceed 12-months will not be considered.

d. BCPS reserves the right to slightly modify the contract period if necessary so that the Ini�al term or renewal period is coterminous with an E-Rate Fund Year or an extended service delivery date pursuant to a “service delivery deadline.”

e. Any resul�ng contract shall incorporate the terms and condi�ons of this RFP, including all wri�en and properly executed modifica�ons, amendments and change orders a�er execu�on of an agreement.

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14. Modifica�ons

a. All contracts must allow for bandwidth increases and/or decreases throughout the term of the contract; changes in bandwidth during the ini�al term and/or op�onal renewal periods shall be considered modifica�ons to the exis�ng agreement, not new agreements, and thus do not extend the term of the contract.

b. All contracts should include a provision permi�ng early termina�on or transfer of circuits, with no penalty, should a loca�on be closed by BCPS.

c. All contracts must include a provision permi�ng addi�onal BCPS sites be added at the exis�ng MRC rate for the dura�on of the contract (including renewal periods), with BCPS paying for any one-�me charges associated with adding the new site to the network.

15. Use of Brand Names

a. The name of a certain brand, make or manufacturer does not restrict Bidders/Offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the ar�cle desired.

b. Offerors are responsible for clearly and specifically defining the products offered and to provide sufficient descrip�ve literature, catalog cuts, and technical detail to enable BCPS to determine if the product offered meets the requirements of the solicita�on.

16. Product Demonstra�ons

a. Offerors proposing to temporarily loan equipment for product demonstra�on and/or evalua�on purposes are required to clearly state that such loans are of limited dura�on.

Product demos extending beyond thirty (30) days must be explicitly authorized by both par�es and provided at a fair market rate.

17. Required No�ce to Proceed and Funding Availability

a. BCPS will follow the purchasing policies of the BCPS Board and requirements and procedures of the FCC’s E-Rate program as administered by the Universal Service Administra�ve

Company to be eligible for all available funding.

b. The implementa�on of any associated contracts resul�ng from this compe��ve bid process will be dependent on BCPS’s issuance of a wri�en No�ce to Proceed.

c. E-Rate funding no�fica�on alone will not signify No�ce to Proceed. BCPS will have the right to allow the contract to expire without implementa�on if appropriate funding (including any state matching funds for special construc�on projects) does not come available.

18. Proposal Acceptance

a. BCPS reserves the right to accept or reject any or all offers, to waive any informali�es or irregulari�es, and to accept a proposal, which is deemed in its best interest.

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V. Evalua�on Criteria

These criteria are to be u�lized in the evalua�on of qualifica�ons for development of the shortlist of those offerors to be considered for nego�a�ons. Individual criteria have been assigned a weight to reflect rela�ve importance.

Vendors are encouraged to provide details in their proposals that address the following criteria.

Criteria Weight

Eligible Costs:

E-Rate eligible recurring and one-�me costs 35%

Technical Merit:

Ability to support requirements of this RFP 15%

Proposal Response:

Completeness of proposal submission 10%

Terms and Condi�ons:

Vendor’s proposed contract terms and condi�ons 10%

Prior Experience:

BCPS’ previous experience with vendor 10%

References:

Vendor’s previous experience with similar sized/situated school districts 10%

Response Time:

Proximity of vendor offices/staff; local vendor representa�on 10%

Selec�on shall be made of two or more offerors deemed to be fully qualified and best suited among those submi�ng proposals, based on the factors involved in the Request for Proposal. If needed, nego�a�ons shall then be conducted with each of the offerors so selected. Price shall be considered but will not be the sole determining factor. A�er nego�a�ons have been conducted with each offeror so selected, the Board shall select the offeror which, in its opinion, has made the best proposal and award the contract to that offeror.

When the terms and condi�ons of mul�ple awards are so provided in the Request for Proposal, awards may be made to more than one offeror. Should BCPS determine in wri�ng and in its sole discre�on that only one offeror is fully qualified or that one offeror is clearly more highly qualified than the others under considera�on, a contract may be nego�ated and awarded to that offeror.

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VI. Submi�al Instruc�ons

1. Submission and Receipt of Proposals

a. Submi�als, in one (1) original, (1) electronic copy via USB Drive, and one (1) redacted copy

(if invoking § 2.2-4342F and providing A�achment A), will be received un�l, but no later than the “Proposal Submission Deadline” to the “En�ty Address” listed on RFP the cover sheet.

Late submissions will not be considered.

b. The outside of the envelope must be marked with “RFP # - Do Not Open.”

c. It is the sole responsibility of the offerors to ensure that their proposals are received by BCPS by the deadline. Proposals and/or any addenda pertaining thereto, received a�er the announced �me and date of receipt, by mail or otherwise, will be returned. However, nothing in this RFP precludes BCPS from reques�ng addi�onal informa�on at any �me during the procurement process.

d. In the event BCPS offices are not opera�ng under normal staffing levels or receipt of proposals is inaccessible due to inclement weather or other emergency situa�ons at the published �me, the proposal submission will default to the next regular business day at the same �me.

e. If you are an individual with a disability and require a reasonable accommoda�on, please no�fy the “RFP Contacts” on the RFP cover page at least three working days prior to need.

f. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict compe��on. On the contrary, all responsible firms are encouraged to submit proposals. Any requirements listed herein are intended to describe qualifica�ons, cer�fica�ons and/or experience considered to be vital and should be used as guidelines for proposal submission.

Firms not mee�ng specific requirements listed herein are encouraged to list and/or demonstrate alternate qualifica�ons, cer�fica�ons and/or experience for considera�on.

g. Any proposal submi�ed must include the cover sheet which has been signed by an individual authorized to bind the offeror. All proposals submi�ed without such signature will not be considered.

h. Any proposal submi�ed must include a completed A�achment F - Pricing Schedule. All proposals submi�ed without such will not be considered.

i. Proposals shall not be accepted via fax or email.

2. Submi�al Format

To facilitate the analysis of responses to this RFP, offerors should prepare the proposal in accordance with the instruc�ons outlined in this sec�on and should structure the proposal so that it contains individual tabs/sec�ons detailing proposed services.

a. Offeror’s responses should be prepared as simply as possible with straigh�orward, concise descrip�ons of their capabili�es to sa�sfy the requirements of this RFP.

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b. Expensive bindings, color displays, promo�onal materials, demo CDs, etc., are not needed.

Emphasis should be concentrated on accuracy, completeness, and clarity of content. All informa�on should be presented in a non-technical format to ensure understanding. All responses should be tailored specifically for BCPS.

c. BCPS encourages proposals that provide innova�ve alterna�ves to addressing the exis�ng needs as described in the solicita�on. Informa�on which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be a�ached at the end of the proposal and designated as addi�onal material. BCPS is under no obliga�on to consider or nego�ate informa�on or documenta�on that is submi�ed not in compliance with the requirements herein or that is submi�ed by an offeror a�er the deadline for submission of the proposal iden�fied in Sec�on VI.1.a.

Notwithstanding the preceding sentence, BCPS may, in its sole discre�on, consider and/or nego�ate such submissions.

3. Detailed Submi�al Format

The proposal shall be submi�ed with the sec�ons as set forth below:

a. Sec�on 1 – Introduc�on

i. Introduc�on le�er

ii. Signed cover sheet

b. Sec�on 2 – Proposal Submission Forms

i. A�achment A – Proprietary/Confiden�al Informa�on Iden�fica�on, if applicable

ii. A�achment B – Excep�ons to RFP, if applicable

iii. A�achment C – Offeror Reference Sheet – All offerors should include a list of a minimum of 3 references, from similar projects/contracts, who could a�est to the firm’s knowledge, quality of work, �meliness, diligence, flexibility, and ability to meet budget constraints. Include names and addresses, contact persons, phone numbers and e-mail addresses of all references. BCPS reserves the right to contact references other than, and/or in addi�on to those furnished by an offeror. References may or may not be reviewed or contacted at the discre�on of BCPS.

iv. A�achment D – Virginia State Corpora�on Commission (SCC) Registra�on Informa�on

v. A�achment E – Cer�fica�on of Compliance

c. Sec�on 3 – Proposer Profile

i. E-Rate Eligibility – Provide current documenta�on to confirm vendor has ac�ve Form 498 SPIN and FCC Green Light Status.

ii. Key Individuals – The offeror should provide a list of key individuals to be assigned to the BCPS contract and specify their role in administering the contract. Proposer

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iii. Statement of Qualifica�ons and Capacity of firm to provide services required. The response should address firm’s size, structure, administra�ve and technical staff loca�ons, and number of years in business.

d. Sec�on 4 – Scope of Work

i. Provide a narra�ve, prepared in non-technical terms, summarizing the offeror’s proposal.

ii. Clearly describe the scope of the goods and/or services to be provided based upon the informa�on in the Service Requirements sec�on of the RFP. Respond to each item listed.

iii. If offered, provide the Service Level Agreement details, and clearly state your ability to meet or exceed the requested services.

e. Sec�on 5 – Pricing

i. Provide all pricing informa�on, including any alternate pricing proposals that may be acceptable. Include a copy of A�achment F - Pricing Schedule in this sec�on.

A�achment F must be used to submit proposed pricing.

f. Sec�on 6 – Addenda

i. Insert all executed copies of Addenda, if applicable.

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VII. General Terms and Condi�ons

These general terms, conditions and instructions apply to all purchases and are a part of each solicitation and every contract awarded by BCPS, unless otherwise specified in such solicitation or contract. The term “BCPS” as used herein refers to the contracting entity, which is the signatory on the contract, the Buchanan County Public Schools School Board. The bidder/Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals: failure to do so will be at the bidder’s/offeror’s own risk.

These general terms, conditions and instructions are subject to all applicable Federal, State, and local statutes, policies, resolutions, and regulations (collectively “laws”), and are to be interpreted so as to be consistent with such laws. In the case of irreducible conflict, these general terms and conditions are preempted by applicable laws.

AUTHORITY

1. The Superintendent has been delegated authority for issuance of invitations to bid, request for proposals, modifications, purchase orders and awards approved by and for BCPS. In the discharge of these responsibilities, the Superintendent may be assisted by delegating to Buyers and other Purchasing Office staff. Unless specifically delegated by the Superintendent, no other BCPS officer or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate BCPS for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void, and BCPS shall not be bound thereby.

CONDITIONS OF BIDDING/OFFERING

2. OPEN PRICING RECORDS: The classification of line-item prices and/or bid prices as proprietary information or trade secrets is not acceptable. All bid prices will be read aloud at the public bid opening and posted on the BCPS website. Any bidder who designates bid prices as proprietary information or trade secrets will be given 48 hours to withdraw this designation. If it is not withdrawn, their bid will be rejected. See § 2.2-4301.3. b.3 of the Virginia Public Procurement Act.

3. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract because of this solicitation, BCPS will publicly post such notice on the school’s web site, http://www.bcpsk12.com for a minimum of 10 calendar days except in emergencies.

4. CLARIFICATION OF TERMS: If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/Offeror shall email the contacts listed on the face of the solicitation no later than the due date listed on the RFP cover page. Any revisions to the solicitation will be made only by a written addendum issued by the Superintendent.

5. DEBARMENT STATUS: By submitting their bid/proposal, the Bidder/ Offeror certifies that he/she is not currently debarred by the

Commonwealth of Virginia or BCPS from submitting bids/proposals on contracts for the type of goods and/or services covered by this solicitation, nor is the Bidder/Offeror an agent of any person or entity that is currently so debarred.

6. ERRORS IN BIDS: When an error is made in extending total prices, the unit bid price times the number of units will govern.

Erasures and changes in bids must be initialed by the bidder. Carelessness in quoting prices, omitting portions of the work from the calculations, or in preparation of the bid otherwise will not relieve the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot otherwise be corrected except as provided in paragraph 16 below, and the bidder will be required to perform if his or her bid is accepted.

7. ETHICS IN PUBLIC CONTRACTING: By submitting their bid/proposal, Bidders/Offerors certify that their bid/proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder/Offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

8. INCLEMENT WEATHER: Due to inclement weather conditions, BCPS may elect to close schools and administration offices. The following is an explanation of the policy:

All BCPS schools are closed. Administration offices are open.

All BCPS schools are closed. Administration offices are closed.

8.1 In the event of a delay in school opening, all times shall remain as stated in the Invitation for Bid/Request for Proposal.

8.2 In the event that BCPS closes, and administration offices are opened, any optional/mandatory pre-bid/proposal conference and all bid/proposal openings will be held as scheduled.

8.3 In the event BCPS closes, and administration offices are closed, any optional/mandatory pre-bid proposal conference and all bid/proposal openings will be held on the next business day the BCPS experiences a normal opening, a delayed opening, or a school closing on a at the time previously scheduled. No exceptions will be made in this matter.

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9. LATE BIDS/PROPOSALS: To be considered for selection, bids/proposals must be received by the BCPS by the designated date and hour. The official time used in the receipt of bids/proposals is the time in the BCPS Administrative Office. Bids/proposals received after the date and hour designated are non-responsive, automatically disqualified and will not be considered. BCPS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-school mail system or delivery by any other means. It is the sole responsibility of the Bidder/Offeror to ensure that his/her bid/proposal reaches the BCPS Administrative Office by the designated date and hour.

10. MANDATORY USE OF BCPS FORM AND TERMS AND CONDITIONS: Failure to submit a bid/proposal on the official BCPS form provided for that purpose may be cause for rejection of the bid/proposal. Return of this complete solicitation document is required. Modification of or additions to the General and/or Special Terms and Conditions of this solicitation may be cause for rejection of the bid/proposal; however, the Superintendent reserves the right to decide on a case by case basis, in his/her sole discretion, whether to reject such a bid/proposal as non-responsive. As a precondition to its acceptance, BCPS may, in its sole discretion, request that the Bidder/Offeror withdraw or modify non- responsive portions of a bid/proposal, which do not affect quality, quantity, price or delivery schedule.

11. OFFICIAL NOT TO BENEFIT:

11.1 Each Bidder/Offeror certifies by signing a bid/proposal that to the best of his/her knowledge no BCPS official or employee having official responsibility for the procurement transaction or member of his/her immediate family has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid/proposal or as soon thereafter, as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, recession of the contract, or recovery of the cost of the financial benefit from the contractor, recipient, or both.

11.2 Whenever there is reason to believe that benefit of the sort described in the paragraph above has been or will be received in connection with the bid/proposal or contract and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, BCPS, as a prerequisite to payment pursuant to the Contractor, or at any time may require the contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

11.3 In the event the Bidder/Offeror has knowledge of benefits as outlined above, this information should be submitted with the bid/proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract the Bidder/Offeror shall address the disclosure of such facts to: Superintendent, Buchanan County Public Schools, 4447 Slate Creek Rd, Grundy, VA 24614. The Invitation for Bid/Request for Proposal number shall be referenced in the disclosure.

12. PRECEDENCE OF TERMS: BCPS intends for the Contract Documents to be consistent, and they shall be interpreted to be consistent if possible. If the Contract Documents conflict, however, the controlling provision will be the one which appears highest in the following list:

The Notice of Award or Purchase Order/Contract (highest precedence), Addenda, Specifications and drawings, The signed bid/proposal submitted by the Contractor, Invitation for Bid/Request for Proposal, Any Special Terms and Conditions, These General Terms and Conditions (lowest precedence).

13. QUALIFICATIONS OF BIDDERS/OFFERORS: BCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the work/furnish the item(s) and the Bidder/Offeror shall furnish to BCPS all such information and data for this purpose as may be requested. BCPS reserves the right to inspect Bidder's/Offeror’s physical facilities prior to award to satisfy questions regarding the Bidder's/Offeror’s capabilities. BCPS further reserves the right to reject any bid or proposal if the evidence submitted by, or investigations of, such Bidder/Offeror fails to satisfy BCPS that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated herein.

14. TIE BID: If all bids are for the same total amount or unit price (including authorized discounts and delivery times), the BCPS

Superintendent shall award the contract to the tie bidder providing goods produced in Virginia or goods, services or construction provided by Virginia persons, firms, or corporations. If there are more than one such tie bid, then the BCPS Superintendent may, in his or her sole discretion, readvertise the solicitation, divide the contract among the bidders (if the solicitation provided for multiple awards), or award a contract by lot from among the responsive and responsible Virginia bidders. If there are no responsive and responsible Virginia bidders, then the BCPS Superintendent may, in his or her sole discretion, readvertise the solicitation, divide the contract among the bidders (if the solicitation provided for multiple awards), or award a contract by lot from among the responsive and responsible bidders. The decision of BCPS to make an award to one or more such bidders shall be final.

15. WITHDRAWAL OF BIDS OR PROPOSALS: A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the request is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the bid/proposal. Submission of a subsequent bid/proposal, unless specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by the same bidder or offeror on the same Invitation for Bid/Request for Proposal.

Withdrawal of bids/proposals after opening is governed by Code of Virginia § 2.2-4330. The bidder/offeror shall give notice in writing of his/her claim of right to withdraw his/her bid/proposal within two business days after the conclusion of the bid opening or

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SPECIFICATIONS

16. QUESTIONS CONCERNING SPECIFICATIONS: Any information relative to interpretation of specifications and drawings shall be requested of BCPS in writing, by the date and time listed on the RFP cover sheet. No inquiries, if received by BCPS after time will be given any consideration. Any material interpretation of a specification, as determined by BCPS, will be expressed in the form of an addendum to the specification which will be sent to all prospective bidders no later than three business days after the inquiry deadline. Oral answers will not be authoritative.

17. TESTING AND INSPECTION: BCPS reserves the right to conduct any test or inspection it may deem advisable to ensure products/services conform to the specification.

18. USE OF BRAND NAMES: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders/Offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which BCPS in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, color and suitability for the purpose intended, shall be accepted. The Bidder/Offeror is responsible to indicate the product clearly and specifically being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable BCPS to determine if the product offered meets the requirements of the solicitation. ONLY THE INFORMATION FURNISHED WITH THE BID/PROPOSAL WILL BE CONSIDERED IN THE EVALUATION. FAILURE TO FURNISH ADEQUATE DATA FOR EVALUATION PURPOSES MAY RESULT IN DECLARING A BID/PROPOSAL NON-RESPONSIVE. Unless the Bidder/Offeror clearly indicates in its bid/proposal that the product offered is an "equal" product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

CONTRACT PROVISIONS

19. ANTI-DISCRIMINATION: By submitting their bid/proposal, the Bidder/Offeror certifies to BCPS that he/she will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and the Code of Virginia §2.2-4311. In every contract over $10,000 the provisions in 19.1 and 19.2 below apply:

During the performance of this contract, the Contractor agrees as follows:

19.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

19.2 The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

19.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section.

19.4 The Contractor will include the provisions of 19.1, 19.2 and 19.3 above in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

20. ANTI-TRUST: By entering a contract, the Contractor conveys, sells, assigns, and transfers to BCPS all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by BCPS under said contract.

21. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including but not limited to the Virginia Public Procurement Act, and any litigation with respect thereto shall be brought in the courts of Northampton County, Virginia, except to the extent that Federal Court is appropriate. The Contractor shall comply with applicable federal, state, and local laws and regulations, and be legally authorized to do business in the Commonwealth of Virginia.

22. ASSIGNMENT OF CONTRACT: A contract shall not be assigned by the Contractor in whole or in part without the written consent of BCPS.

23. CHANGES TO THE CONTRACT: BCPS may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include but are not limited to things such as the inclusion of additional locations and bandwidth level increases or decreases. Additionally, an increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

24. CONTRACT DOCUMENTS/PURCHASE ORDERS: The Contract entered into by the parties shall consist of the Invitation For

Bid/Request for Proposal, the signed bid/proposal submitted by the Contractor, the Notice of Award or Purchase Order/Contract, these General Terms and Conditions and any Special Terms and Conditions, and the listed specifications and drawings, if any, including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. All time limits stated in the Contract Documents are of the essence of the Contract unless stated otherwise.

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25. COOPERATIVE PURCHASING: BCPS may participate in, sponsor, conduct or administer a cooperative procurement agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or institutions or localities of the several states, of the United States or its territories, or the District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. Except for contracts for professional services, a public body may purchase from another public body’s contract even if it did not participate in the request for proposal (RFP) or Invitation for Bid (IFB), if the RFP or IFB specified that the procurement was being conducted on behalf of other public bodies. Nothing herein shall prohibit the assessment or payment by direct or indirect means of any administrative fee that will allow for participation in any such arrangement.

25.1 It is the Contractors responsibility to notify the public body(s) of the availability of the contract.

25.2 Each public body has the option of executing a separate contract with the awardee. Contracts entered with them may contain general terms and conditions unique to those jurisdictions and political subdivisions covering minority participation, non-discrimination. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction.

25.3 BCPS shall not be held liable for any costs or damage incurred by another jurisdiction because of any award extended to that jurisdiction or political subdivision by the awardee.

26. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees as follows:

26.1 Provide a drug-free workplace for the Contractor’s employees.

26.2 Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

26.3 State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace.

26.4 Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this section, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or…