2026009_FTTH_Storm_Damage_Repair_Serrvices.docx

TRI COUNTY ELECTRIC COOPERATIVE, INC.

2862 West US 90 Madison, Florida 32340

REQUEST FOR PROPOSALS NO. 2026-009

FTTH STORM DAMAGE REPAIR SERVICES

ISSUED: August 26, 2026 PROPOSALS DUE: September 18, 2026

Request for Proposals: FTTH Storm Damage Repair Services Tri-County Electric Cooperative (“TCEC”) is a private nonprofit, member-owned electric cooperative that provides electric service to Madison, Jefferson, Taylor, and portions of Dixie Counties in the Big Bend area of Florida. Within its service territory, TCEC maintains approximately 2,100 miles of fiber optic lines.

TCEC is issuing this Request for Proposal (“RFP”) to engage one or more qualified and experienced contractors to perform Fiber Storm Damage Repair Services including storm damage restoration and repair of aerial and underground FTTH OSP (the Services) after a disaster or emergency. The Services are described in detail in Exhibit A to this RFP.

The contractor shall provide personnel, equipment, plans, procedures, and other materials and capabilities necessary to perform these operations. Respondents are to have experience in restoring disaster generated damage to fiber circuits. Proposals shall document the contractor’s familiarity with and history of compliance with current Federal Emergency Management Agency (“FEMA”) requirements and federal, state, and local guidelines and regulations as they relate to disaster fiber restoration. TCEC will issue specific written Task Orders that shall define the items(s) of work requested, rates, and time-frame for completion.

FEMA financial assistance will be used to fund the resulting contract. All work will be completed in compliance with FEMA’s rules and guidance, as well as Federal laws, regulations, executive orders, and the federal cost principles at 2 C.F.R. Part 200.

All proposals must be emailed, with the subject line as FTTH STORM DAMAGE REPAIR SERVICES RFP, to TCEC Vice President of Engineering Jeff Brewer at jbrewer@tcec.com by 5:00 PM September 18, 2026. Proposals are due by 5:00 PM September 18, 2026. Further instructions for proposal submission are contained in the RFP.

Table of Contents

General Information Instructions to Respondents Respondents are expected to submit proposals that conform to the requirements of this RFP.

Proposal Submission Respondents must submit one electronic copy of its signed proposal in PDF format via email by 5:00 PM September 18, 2026, to Jeff Brewer at jbrewer@tcec.com, with the subject line referencing the RFP name and number. Proposals received by any other means shall not be accepted. Respondents are cautioned that they are responsible for timely delivery of their proposal to TCEC.

All proposals must be typed or written in ink and must be signed in ink by an officer having authority to bind the Respondent. Signatures are required where indicated; failure to do so may be cause for rejection of a proposal. Electronic signatures are permitted. Indefinite, ambiguous, incomplete, and conditional proposals, and proposals that otherwise fail to meet the requirements of this RFP, shall be grounds for rejection.

Costs of proposal preparation, attendance at the Pre-Proposal Conference, if any, or any other costs incurred to respond to this RFP are the sole responsibility of the Respondent. TCEC assumes no responsibility for any such costs incurred by the Respondent and TCEC bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

Timeliness Respondents may submit their Proposals to the above-referenced e-mail address any time prior to the stated deadline. If more than one e-mail containing a Proposal is provided by the same Respondent, the latest received proposal prior to the deadline will be considered the Respondent’s final response. It is the sole responsibility of the Respondent to ensure that its proposal is received by the deadline. Late proposals shall not be considered. TCEC’s refusal to consider a late proposal shall not be the basis for a protest.

Any proposal may be withdrawn until the deadline for the submission of the proposals. Any proposal not so withdrawn shall constitute an irrevocable offer, for a period of 180 days or until one or more of the contracts have been awarded.

Changes; Questions; Interpretations TCEC reserves the right, and has absolute and sole discretion, to cancel or change this RFP at any time prior to execution of a resulting contract. Any changes will be made by Addendum and distributed to registered Respondents. The decision to cancel a solicitation cannot be the basis for a protest.

TCEC also reserves the right, at its sole discretion, to request clarification of information submitted, to request additional information, and to waive any technicality in proposals provided such action is in its best interest. Requests for additional or clarifying information should not be construed by a Respondent as an indication of selection to provide proposed services.

Questions or concerns regarding this RFP must be submitted via e-mail to jbrewer@tcec.com, referencing the RFP name and number in the subject line, by the deadline described in the RFP Timetable. Contact with any other TCEC representative during the solicitation period without TCEC’s express permission will be grounds for disqualification. TCEC will endeavor to respond to Proposers’ questions or concerns by addenda. No oral interpretation of this RFP shall be considered binding.

Respondents shall not direct any queries or statements concerning this RFP to TCEC staff during the selection process, from the time of submission of a proposal until the execution of a contract. Respondents failing to adhere to this requirement may be disqualified.

Property of TCEC In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, this RFP and any communications with respect to it, including but not limited to submitted proposals, may be considered within the public domain by virtue of the TCEC’s intent to submit the resulting costs to various grant programs for Federal and/or State reimbursement. Respondents should specifically identify any information contained in their proposal which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing the applicable exempting law.

RFP Timetable The anticipated schedule for this RFP and contract approval is as follows:

TCEC reserves the right to amend the anticipated schedule as it deems necessary.

All times Eastern unless noted otherwise.

If TCEC determines a Pre-proposal Conference is warranted, it will notify Respondents by issuing an addendum to this RFP indicating the time, date, location, and telephone conference information.

Standards of Conduct / Conflicts of Interest This RFP is subject to TCEC’s policy governing conflicts of interest in procurement and contract administration. Respondents should review this policy, a copy of which will be provided upon request. All Respondents shall submit a signed statement regarding conflicts of interest with their proposal on the form provided herein (Exhibit B).

Disclosure and Disclaimer This RFP is provided without any warranty or representation, express or implied, as to its content, accuracy, or completeness and no Respondent or other party shall have recourse against TCEC if any information herein shall be inaccurate or incomplete. Respondents shall carefully examine all RFP documents and familiarize themselves with all requirements prior to submitting a Proposal. Failure to ascertain the conditions of the work under this RFP shall not relieve the Respondent from the obligation to comply with all provisions and requirements of the RFP.

TCEC may accept or reject proposals, and may accept proposals which deviate from the non-material provisions of this RFP. TCEC may request clarification of information or may request additional information of any Respondent. Following submission of a proposal, each Respondent agrees to promptly deliver any additional details, information, and assurances requested by TCEC.

TCEC may cancel this RFP at any time before contract execution. TCEC will endeavor, but is not required, to send a notice of cancellation to Respondents that submitted a Registration Form. The notice shall identify the solicitation, and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items.

Any action taken by TCEC in response to proposals submitted to this RFP, including making an award, declining to make any award, withdrawing, or cancelling this RFP, either before or after issuance of the notice of intent to make an award, shall be without any liability or obligation on the part of TCEC or its advisors. Any proposal submitted in response to this RFP is at the sole risk and responsibility of the party submitting such proposal.

TCEC is not responsible for Respondents’ costs to respond to this RFP, including any costs incurred to attend the Pre-Proposal Conference or costs associated with any administrative or judicial proceedings resulting from this solicitation process, if any.

Respondents to this RFP fully acknowledge all the provisions of this Disclosure and agree to be bound by the terms hereof.

Contract Agreement / Compensation The contract will be a time and materials (“T&M”) form of contract as per the price proposal form provided herein. However, TCEC reserves the right to issue Task Orders under this contract on a unit rate basis, as appropriate and if agreed by the Parties, in writing. If a T&M fee structure is used, there must be a price ceiling that the contractor exceeds at its own risk. This not-to-exceed amount will be indicated in the Task Release. Under no circumstances will the resulting agreement or any Task Release include a cost-plus-percentage-of-cost (“CPPC”) fee structure and Respondents should not include any CPPC markups in their price proposals. Invoices shall not include CPPC fees and TCEC will reject CPPC fees.

The terms and conditions of the resulting non-exclusive contract will be negotiated with successful Respondent(s). If TCEC and the successful Respondent cannot agree on the terms and conditions of the resulting contract, TCEC reserves the right to terminate negotiations with the successful Respondent and move to the next ranked Respondent to commence negotiations. Negotiations may continue in this process until TCEC is able to enter into a contract with a Respondent that best meets TCEC’s needs.

The contract must include the contract provisions required by 2 C.F.R. § 200.327 (formerly § 200.326) and FEMA guidance. For more information on these provisions visit https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf.

TCEC reserves the right to award to more than one Respondent if it is in its best interests.

1. Insurance Requirements; Safety Precautions; and Limitation of Liability Prior to execution of the Agreement, the selected Respondent shall submit one original certificate of insurance, signed by an authorized representative of the insurance company, demonstrating compliance with the following specifications. Notwithstanding any other provision of this RFP or the Agreement, TCEC shall have no obligation to execute a contract or make any payment to the selected Respondent until all insurance requirements are met. The Certificate of Insurance shall be provided to:

TRI COUNTY ELECTRIC COOPERATIVE, INC.

2862 West US 90

MADISON, FLORIDA 32340

Contractor’s insurance shall be written for the following types and limits and shall be maintained, at its expense, for the life of the Agreement.

A. Workers’ Compensation & Employer’s Liability

1. Coverage A – Statutory

2. Coverage B – Employer’s Liability

3. Waiver of Subrogation in favor of Tri County Electric Cooperative where permitted by law.

B. Commercial General Liability

1. Combined Single Limit: $1,000,000 Each Occurrence; $2,000,000 Aggregate

2. Coverage Required: Premises-Operations; Explosion; Collapse Underground; Products/Completed Operations; Independent Contractors; Blanket Contractual Liability; Broad Form Property Damage; Personal Injury Liability

3. Coverage shall include per project aggregate endorsement.

4. Primary Additional Insurance: The following wording must appear on the certificate. We will not accept an endorsement attached to the certificate.

TCEC and the United States of America are additional insureds under Contractor’s general liability policy. Coverage under such policy shall be primary with TCEC and any TCEC insurance policies, or loss coverage, being in excess over the Contractor’s coverage.

C. Commercial Automobile Liability

1. Combined Single Limit $1,000,000 Each Occurrence

2. Coverage Required: All owned automobiles, non-owned automobiles, and hired automobiles.

If Contractor does not own any vehicles, the certificate must show Hired and Non-Owned Automobile Liability and must attach a letter stating that Contractor does not own any vehicles.

F. The foregoing policies shall contain a provision that coverages afforded under the policies will not be cancelled or not renewed until at least thirty (30) days written notice has been given to TCEC.

G. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting TCEC’s interest shall not be effective (1) for such period as the laws of the State of Florida prescribe, or (2) until thirty (30) days after the insurer or the Contractor gives written notice to TCEC, whichever period is longer.

The Contractor shall take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, its employees on the job, and others. The Contractor shall comply with all applicable provisions of federal, state, and local safety laws, insurance requirements, standard industry practices, the requirements of the operations, and the awarded contract. The Contractor, directly or through its subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the work, necessary safeguards for safety and protection of the public, including securing areas, posting danger signs, placards, labels, or posting other forms of warnings against hazards. When use of hazardous materials or equipment or unusual methods are necessary for execution of the work, or when the work includes the cleanup, remediation and/or removal of bio-solids, biohazards waste, or any hazardous or toxic materials, trash, debris, refuse, or waste, the contractor, its subcontractor(s) and their employees shall be trained and certified as required in the proper handling, use and care of equipment, materials and hazardous operations, and shall exercise utmost care and perform such activities under the supervision of properly qualified and or competent personnel.

The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, its subcontractors of every tier, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable.

Record Retention Requirements The Contractor shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the Services for at least ten years after completion of the Agreement resulting from this RFP. TCEC may reject any invoice that is not adequately substantiated.

TCEC shall have access to all records, documents, and information collected and/or maintained during performance of the Services. This information shall be made accessible to TCEC at the Contractor’s local place of business for purposes of inspection, reproduction, and audit, without restriction. If records are unavailable locally, it shall be the Contractor’s responsibility to ensure that all required records are provided to TCEC at the Contractor’s expense.

The Contractor will be required to allow FEMA, or any other associated State or Federal agency, to audit and/or review all documents related to the work awarded under this RFP.

Subcontracting If the Contractor intends to subcontract any portion of the work under the awarded contract in excess of $10,000, it is encouraged to take the below steps to the extent such steps are consistent with Federal law and Executive Orders:

(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

TCEC will not require Contractor to take actions inconsistent with existing law and Executive Orders. Additionally, regardless of the amount of the subcontract, Contractor must not subcontract with any party that is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. SAM exclusions can be accessed at www.sam.gov.

TCEC reserves the right to request and review information in conjunction with its determination regarding a subcontract request. All subcontractors are subject to the same requirements of this solicitation as the awarded contractor.

Bonding Respondents must provide a bid guarantee, in the form of a bid bond, certified check, or other negotiable instrument, equivalent to five percent of the total proposal cost as indicated in the Price Proposal Form.

TCEC also reserves the right to require a performance bond and a payment bond, each of which must be in the amount of one hundred percent (100%) of the not-to-exceed amount indicated in the Task Release or, if none, the estimated total cost of the Services to be performed under the Task Release.

Evaluation and Award TCEC’s Evaluation Committee of three or more members will evaluate and rank the most advantageous proposals in accordance with the criteria in this RFP. The Evaluation Committee may choose to conduct formal presentations/interviews with any or all Respondents prior to making an Award.

Proposals failing to comply with the submission requirements, or those unresponsive to any part of this RFP, may be disqualified. The selected Respondent will be notified in writing with an intent to award letter. TCEC reserves its right to award the contract to other than the lowest priced offeror.

As part of the evaluation process, TCEC may investigate references, including but not limited to, a record check of consumer affairs complaints. Submission of a proposal in response to this RFP constitutes acknowledgment of the investigation process and consent to TCEC’s investigation.

While TCEC allows Respondents to specify any desired variances to the RFP terms, conditions, and specifications, TCEC will consider the number and extent of variances specified in determining the Respondent whose proposal is most advantageous to TCEC.

Evaluation Criteria and Scoring The evaluation of the proposals will be conducted in accordance with the following provisions. Scoring is based on a 100-point scale. The following guidelines will be used for the evaluations (with associated weighting). To be considered “Qualified,” a Respondent must receive a minimum 70 points.

Cost Effectiveness

1. Price proposal

2. Approach to ensuring reimbursement of FEMA-eligible costs

Technical Approach

1. Narrative description outlining the method of operation

2. Contingencies / requirements of TCEC

3. Capacity for multiple contractual obligations

Experience and Qualification

1. Experience with similar entities

2. Experience with FEMA requirements

3. Staff qualifications and subject knowledge

4. Evidence of experience and skill

Similar Projects and References

1. Prior experience with three similar projects

2. References from at least three entities for similar projects or work

TCEC will not consider any proposals submitted by parties that are debarred, suspended, or otherwise excluded from participation in Federal assistance programs and activities.

Proposal Format Proposals shall be in a clear, concise format, on 8 1/2" x 11" paper, in English. Each tabbed set shall contain all the information required herein to be considered for award. Omission of required data may result in disqualification. Any other information thought to be relevant, but not applicable to the enumerated sections, should be provided as an appendix to the proposal.

Only one proposal may be submitted by each Respondent. Failure to submit the required documentation in the format identified below may cause the proposal to be rejected. Signatures are required where indicated; failure to do so may be cause for rejection of proposal. Electronic signatures are permitted for proposals submitted via email.

1. Table of Contents A. Letter of Transmittal (not to exceed two pages) This letter will summarize in a brief and concise manner the following:

· General summary of Respondent’s business operation; how long in business; general approach to tasks and projects; and, why the Respondent should be selected.

· Respondent’s understanding of the scope of services, evidenced by previous experience, references, and other relevant information.

· Respondent’s authorized agent’s signature and agent’s title or authority.

· If more than one firm is named on the Letter of Transmittal, a legal document showing the firms’ relationship shall be submitted showing the legality of such. TCEC may request any other additional information necessary to verify Respondent’s status. TCEC will not consider submittals that identify a joint partnership to be formed.

C. Addenda (unlimited pages) This section shall include a statement acknowledging receipt of each addendum issued by TCEC. Each Respondent is responsible obtaining addenda.

D. Proof of Licenses (unlimited pages) Respondents shall provide proof of required licenses for the firm and scope of services to be performed. This shall include:

· Proof of all applicable licenses for goods and/or services to be rendered;

· Statement or proof of required insurance;

· Proof of Respondent’s Business Tax Receipt (as applicable); and

· Other Proof of Specific Qualifications.

E. Cost Effectiveness (unlimited pages) Respondents are to provide a price proposal as identified in Exhibit C of the RFP.

F. Technical Approach (unlimited pages) Provide a narrative description of intended methods of performing the work with an organizational chart related to the work. In addition, the Respondent shall describe its ability to handle its various contractual obligations, including the Respondent’s resources (personnel, equipment, etc.). Respondent shall also identify the proportion of personnel that are employees versus independent contractors or subcontractors and, likewise, the proportion of equipment that is owned versus leased, rented, or subcontracted.

G. Successful Experience and Qualification of Staff (limited to two pages plus resumes) Provide a summary of work performed for non-profit cooperatives, including any services provided in response to a disaster or emergency, if any, and other experience that demonstrates their understanding of electric cooperative operations and facilities. Information regarding dedicated staff and current workload should be provided. Resumes (not exceeding two pages per person) of key personnel should be included as well as the company safety record for the previous three years.

H. Similar Projects and References (unlimited pages) Respondents shall provide a minimum of three similar projects on the form provided (see Exhibit D) and include whether the project was completed on time and within budget.

Respondents shall provide a minimum of three references on the forms provided (see Exhibit E) demonstrating their experience and/or skill with similar projects. Prior experience and skill with other rural electric cooperatives is desirable. Respondents are responsible for verifying correct phone numbers and contact information provided. Failure to provide accurate information may result in the reference not being obtained or considered.

I. Default, Termination, Litigation, Debarment, etc. (unlimited pages) Respondents should provide a summary of any default, termination, litigation, or debarment against or which named the Respondent in the past five (5) years which is related to the goods and/or services sought in this RFP or that Respondent otherwise provides in the regular course of business. The summary shall state the nature of the default, termination, litigation, or debarment and a brief description of the outcome or projected outcome, and the monetary amount involved. If none, state as such.

Respondents must also sign and return the Certification Regarding Debarment, Suspension and Other Responsibility Matters and the Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements attached hereto as Exhibits F and G, respectively.

J. Appendix – Other Relevant and Supporting Documentation (optional).

Respondent must submit all other exhibits not identified above in this section.

K. Required Forms (Provided for Reference; No Section “K” Required in Proposal Submission) Respondents must submit the following forms with their proposals. Failure to provide the following forms will negatively impact a proposal’s scoring.

· Conflict/Non-Conflict of Interest Statement (attached hereto as Exhibit B)

· Price Proposal Form (attached hereto as Exhibit C)

· Similar Projects Form (Exhibit D)

· References (attached hereto as Exhibit E)

· Certification Regarding Debarment, Suspension and Other Responsibility Matters (attached hereto as Exhibit F)

· Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements (attached hereto as Exhibit G) Representations by Submittal of Proposals By submitting a proposal, the Respondent warrants, represents and declares that:

(1) The person(s) designated as principal(s) of the Respondent is (are) named and that no other person(s) other than the person(s) mentioned has (have) any interest in the proposal or in the resulting contract.

(2) The proposal is made without connection, coordination, or cooperation with any other persons, company, firm, or party submitting another proposal, and that the proposal submitted is, in all respects, fair and in good faith without collusion or fraud.

(3) The Respondent understands and agrees to all elements of the proposal unless otherwise indicated or negotiated, and that the proposal may become part of any contract entered into between TCEC and the Respondent.

(4) By signing and submitting a proposal, Respondent certifies that Respondent and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers, directors, or executives thereof are not presently debarred, proposed for debarment, or declared ineligible to bid or participate in any federal, state, or local government agency projects.

(5) Respondent recognizes and agrees that TCEC will not be responsible or liable in any way for any losses that the Respondent may suffer from the disclosure or submittal of proposal information to third parties.

(6) The Respondent has not participated in developing or drafting this RFP.

Protests All decisions of TCEC with respect to this RFP and resulting contract award will be final and not subject to challenge or protest.

Exhibits This RFP consists of the following exhibits (which are incorporated herein by reference):

END OF RFP – RFP EXHIBITS FOLLOW

Exhibit A: Scope of Services The scope of services to be provided pursuant to this RFP includes the fiber storm repair services: restoration and repair of disaster generated damage to aerial and underground FTTH Outside Plant (OSP) throughout TCEC’s service territory in Madison, Jefferson, Taylor, and portions of Dixie Counties in the Big Bend area of Florida.

The right-of-way for purposes of this section is the area extending 15 feet on both sides of the center line of the poles along the route of the project lines, plus such area reasonably required by Contractor for access to the route of the project lines from public roads to carry on construction activities.

The general work to be undertaken includes the following:

Emergency Fiber Restoration The Services shall include facility restoration activities including, but not limited to, the following types of tasks:

· Damage Assessment of fiber circuits including structures, cable, strand, guying, splice enclosures and associated hardware.

· Restoration of damaged fiber facilities. Duties will include but are not limited to transportation of material to the work site, installation of structures, cable, strand, guying, splice enclosures, splicing and associated hardware.

· Clean up of restoration sites as directed by TCEC. Disposal of damaged material (structures, cable, strand, guying, splice enclosures, and associated hardware) as directed by TCEC.

The contractor will provide services in response to a disaster event that threatens to, or has resulted in damage to fiber circuit. TCEC will provide authorization for the contractor to proceed per the terms negotiated in the awarded contract through a Task Order(s).

Respondents are advised to propose based on the entire scope of services as defined herein, however TCEC reserves the right to select which specific services the Respondent will provide and to add or delete services within this scope throughout the term of any resulting agreement with mutual consent.

In performing the services under the contract, the contractor is expected to use staff with qualifications commensurate with the nature of the work to be performed. If the contractor submitting a proposal must outsource or contract any work to meet the requirements contained herein, this must be clearly stated in the proposal. TCEC prefers that the winning bidder use at least 50% in-house employees, If this is not possible, TCEC will be notified and have the option to approve the additional contracted employees, Any proposals that call for outsourcing or contracted work must include a name and description of the organizations being contracted. TCEC reserves the right to dismiss any subcontractor from this project. Use of staff that are more highly qualified than necessary for the associated work is not permitted and may jeopardize FEMA reimbursement.

As FEMA financial assistance may be used to fund the contract, the contractor shall perform all work in compliance with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives in order to maximize recovery of reimbursable expenses. This task shall include the provision of audit quality documentation as required by and acceptable to FEMA for all work accomplished.

Specific work authorizations by TCEC will be through written Task Orders. Task Orders will define the job to be accomplished, location of job, time-frame for completion, rates to be used, etc. TCEC reserves the right to extend operations on a weekly basis. Task Orders will be executed bilaterally. Performance will be by the metrics established in the Task Order(s).

The contractor is authorized to repair fiber circuit damage during daylight hours, seven days per week. Any deviations from this schedule will require TCEC approval.

The quantity of work required to complete the Agreement resulted from this RFP is estimated. The actual effort required may be more or less than the estimated amount described in this RFP. Payment will be made on a time and materials basis at the rates proposed or, if specifically requested by TCEC in a Task Order, on a unit rate basis at the rates proposed and agreed to by the Parties, in writing.

Contractor shall be responsible for correcting any notices of violations issued as a result of the contractor’s or any subcontractor’s actions or operations during the performance of the contract. Corrections for any such violations shall be at no additional cost to TCEC.

Contractor shall provide contact information for all key personnel to TCEC that shall include name, phone number, cellular phone number and email address. Contractor and its agents shall respond in a timely manner to all TCEC inquiries at all times.

Contractor shall provide equipment, operators, and laborers for distribution fiber circuit repair. Contractor shall provide all labor and materials necessary to fully operate and maintain (including fuel, oil, grease, and repairs) all equipment. All rates are to include the cost of protective clothing (to include hardhats and steel-toed boots), fringe benefits, hand tools, supervision, transportation, lodging and all other costs.

Equipment All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations.

Trucks or equipment designated for use under contractor’s contract with TCEC shall not be used for any other work during working hours. Contractor shall not solicit work from private citizens or others to be performed in the designated collection service area during the period of the contract.

Equipment Signage Prior to commencing operations, TCEC or its designee shall affix to each piece of equipment, signs or markings indicating the Owner Operator's name and a unique equipment identification number. Each operator shall keep TCEC certification with them at all times. Placards must remain on both sides of equipment.

Other Considerations Contractor shall assign and provide an Operations Manager (OM) to serve as the principal liaison between TCEC or its designee and contractor’s forces. The OM must be knowledgeable of all facets of contractor’s operations and have authority in writing to commit contractor. The OM shall be on call 24 hours per day, seven days per week and shall have electronic capability to transmit and receive relevant information and make arrangements for onsite accommodations. This OM shall provide immediate contact via cell phone, fax machine, and have Internet capabilities. The OM will participate in daily meetings as a source to provide essential elements of information. The OM will report to TCEC or its designee. This position will not require constant presence; rather the OM will be required to be physically capable of responding to TCEC within 30 minutes of notification.

Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. At a minimum, one flag person should be posted at each approach to the work area.

Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of contractor’s personnel and equipment is the responsibility of contractor. Additionally, contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

Exhibit B: Conflict/Non-Conflict of Interest Statement

CHECK ONE

[ ] To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other clients, contracts, or property interest for this project.

OR

[ ] The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project.

Litigation Statement

CHECK ONE

Failure to check the appropriate boxes above may result in disqualification of your proposal. Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and/or judgments, may result in disqualification of your proposal.

Signed, as to both statements:

Company Name Authorized Signature

Name (Print or Type) Title

Exhibit C: Price Proposal Unless otherwise noted in this Scope of Services, all services performed under the Contract shall be paid in accordance with this Price Proposal. An authorized firm representative must complete this form in its entirety. Prices entered herein shall not be subject to withdrawal or escalation by Respondent. Before contract award, TCEC reserves the right to hold proposals for a period not to exceed 90 days after the proposal deadline stated in this RFP. Work quantities are not guaranteed by TCEC. Respondent plead misunderstanding or deception because of any perceived estimates of work quantities or character, location of the work, or other condition pertaining thereto.

Federal procurement regulations prohibit cost-plus-percentage-of-cost contracting.

Proposer:

By:

Date:

The contract will be a time and materials contract, however, TCEC reserves the right to issue Task Orders under the contract on a unit cost basis, if appropriate and agreed by the Parties, in writing.

TIME AND MATERIALS SCHEDULE

If a time and material schedule is utilized, TCEC will set a ceiling price in the Task Order that Contractor exceeds at its own risk. In this circumstance, TCEC will assert a high degree of oversight to ensure Contractor is utilizing efficient methods and effective cost controls.

Schedule 1- Hourly Labor

Schedule 2- Equipment Hourly Rate Equipment must be in good mechanical condition, complete with all required attachments. Each rate covers all costs for ownership and operation of equipment, including depreciation, overhead, all maintenance, field repairs, fuel, lubricants, tires, OSHA equipment and other costs incidental to operation. Standby equipment costs will not be compensated. Equipment must be in actual operation performing work in order to be invoiced. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be invoiced separately from equipment costs.

Any additional costs for materials, supplies, or other out-of-pocket costs may not be charged without prior written approval from TCEC. Any such expenses may only be charged at cost, without a mark-up for overhead or profit.

UNIT COST SCHEDULE

As stated above, TCEC reserves the right to issue a Task Order on a unit cost basis if feasible and if the Parties agree to the unit prices, in writing.

Unit Prices, unless otherwise indicated, shall include all labor (operators, laborers, supervisors), equipment, and materials including but not limited to: supplies, equipment maintenance, repairs, repair parts, fuels, lubricants, cellular phones, transportation, and housing, if required, necessary to accomplish the project.

Respondents are encouraged to attach any unit prices that may be appropriate for the work. However, the assessment of costs will be based on the hourly labor and equipment rates provided by Respondent.

Exhibit D: Similar Projects Form

List three (3) similar projects successfully completed in the past five (5) years by the individual, firm, or project manager assigned to the project. Attached additional sheets if necessary.

Completed Project #1 Agency/company:

Current contact person at agency/company:

Telephone: ______________ Fax: _________________ E-mail:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year) Name(s) of assigned personnel:

Project manager:

Others:

Completed Project #2 Agency/company:

Current contact person at agency/company:

Telephone: ______________ Fax: _________________ E-mail:

Address of agency/company:

Name of project:

Description:

(cont’d)

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year) Name(s) of assigned personnel:

Project manager:

Others:

Completed Project #3 Agency/company:

Current contact person at agency/company:

Telephone: ______________ Fax: _________________ E-mail:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year) Name(s) of assigned personnel:

Project manager:

Others:

Exhibit E: References List three references for whom you have provided similar projects successfully completed in the past five years. Attached additional sheets if necessary.

Completed Project #1 Agency/company:

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year) Name(s) of assigned personnel:

Project manager:

Others:

Agency/company:

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year)

Completed Project #2 (cont’d)

Name(s) of assigned personnel:

Project manager:

Others:

Completed Project #3 Agency/company:

Current contact person at agency/company:

Telephone: _______________________________ E-mail:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year) Name(s) of assigned personnel:

Project manager:

Others:

Exhibit F: Certification Regarding Debarment, Suspension, and Other Responsibility Matters “Non-federal entities and contractors are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” (2 CFR 200.212) This certification is required by regulations implementing Executive Order 12549, Debarment and Suspension, for all lower-tier transactions meeting the threshold and tier requirements. (2 CFR 180.300) Terms Defined

· Nonprocurement Transaction: A transaction under federal non-procurement programs, which can be either a primary covered transaction or a lower-tier covered transaction. (2 CFR 180.970)

· Lower-Tier Covered Transaction: (1) Any transaction between a participant and a person other than a procurement contract for goods or services, regardless of type, under a primary covered transaction; (2) any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed $25,000; (3) any procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount

· Participant: Any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant. (2 CFR 180.980)

· Principal: An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or a consultant or other person, whether or not employed by the participant or paid with federal funds, who (1) is in a position to handle federal funds; (2) is in a position to influence or control the use of those funds; or (3) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR 180.995)

· System for Award Management (SAM) Exclusions: The list maintained and disseminated by the General Services Administration (GSA) containing names and other information about persons who are ineligible. (2 CFR 180.945).

· Debarment: Action taken by a debarring official to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred. (2 CFR 180.925)

· Suspension: Action taken by a suspending official that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensue. A person so excluded is suspended. (2 CFR 180.1015)

· Ineligible or Ineligibility: A person or commodity is prohibited from covered transactions because of an exclusion or disqualification. (2 CFR 180.960)

· Person: Any individual, corporation, partnership, association, unit of government, or legal entity, however organized. (2 CFR 180.985)

· Proposal: A solicited or unsolicited bid, application, request, invitation to consider, or similar communication by or on behalf of a person seeking to participate or to receive a benefit, directly or indirectly, in or under a covered transaction.

· Voluntary Exclusion: A person’s agreement to be excluded under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have governmentwide effect. (2 CFR 180.1020)

· Voluntarily Excluded: The status of a person who has agreed to a voluntary exclusion. (2 CFR 180.1020) Instructions for Certification

1. By signing and submitting this proposal or agreement, the prospective lower-tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction…