24-020 Transport C.Blufts-Denver-FINAL.doc

NOTICE TO VENDORS

INVITATION TO BID

The Iowa Telecommunications and Technology Commission operating the Iowa Communications Network (ICN) will be receiving sealed bid proposals until 3:00 p.m. Central Standard Time, July 10, 2024 for:

ITB 24-020

10 GIGABIT WAVELENGTH TRANSPORT PROVIDER

BETWEEN THE INTERNET EXCHANGE POINT

AT CORESITE DE1, 910 15TH STREET, DENVER, CO. AND THE ICN LOCATION AT IOWA WESTERN COMMUNITY COLLEGE, 2700 COLLEGE ROAD, COUNCIL BLUFFS, IA.

Brian Clayton – Issuing Officer

Iowa Communications Network

400 East 14th Street

Grimes State Office Building Des Moines, IA 50319

FAX 515-725-4774

Brian.clayton@iowa.gov

Vendors must comply with all affirmative action/equal employment opportunity provisions of State and Federal laws.

THIS INVITATION TO BID CONSISTS OF FOUR CHAPTERS AND THREE ATTACHMENTS:

CHAPTER

TITLE

Administrative Issues

Contractual Terms

3 Technical Specifications For Transport Providers 4 Evaluation Criteria

Attachment 1

Proposal Compliance Form

Attachment 2

Terms and Conditions

Attachment 3

Authorization To Release Information

Exhibit 1

C. Bluffs Endpoint Options

CHAPTER 1

ADMINISTRATIVE ISSUES

1.1 Purpose. The ICN is seeking bid proposals from Vendors capable of providing 10 Gigabit wavelength transport services to Iowa from the CoreSite DE1 carrier neutral internet exchange point. Vendors who meet the Chapter 3 requirements for Transport Vendors will have their bid evaluated.

1.2 Schedule and Submission of Proposal.

1.2.1 Questions and Answers. Vendors are invited to submit written questions and requests for clarifications regarding the ITB. Vendors may also submit suggestions for changes to the requirements of this ITB. Oral questions will not be accepted or responded to by the ICN. If the questions, requests for clarifications, or suggestions pertain to a specific section of the ITB, the page and section number(s) must be referenced.

1.2.2 The questions, requests for clarifications, or suggestions must be in writing and received by the Issuing Officer before 4:00 p.m., central time, June 20, 2024. The ICN will post the responses on the ICN web page, www.icn.iowa.gov by close of business June 24, 2024. The ICN’s written responses will be considered part of the ITB. If the ICN decides to adopt a suggestion, the ICN will issue an amendment to the ITB.

1.2.2.1 The ICN assumes no responsibility for verbal representations made by its officers or employees unless such representations are confirmed in writing by the ICN and incorporated into this ITB.

1.2.3 Changes and Amendments. The ICN reserves the right to amend the ITB at any time. If the ICN amends the ITB, the ICN will post the amendment on its web site. It is suggested that all Vendors check the ICN web page periodically, for updates, amendments, etc. Vendors’ bid proposals must include acknowledgment of all amendments issued by ICN. If the ICN amends the ITB after the closing date of receipt of proposals, the ICN may, in its sole discretion, allow Vendors to amend their bid proposals in response to the ICN’s amendment.

1.2.4 Receipt of Bid Proposals. Bid Proposals must be received at ICN’s office no later than 3:00 p.m. central time July 10, 2024. This requirement is a mandatory requirement and is not a minor deficiency subject to waiver by the ICN. No bid proposals will be accepted after the date and time specified. A late bid proposal shall be returned unopened to the Vendor. Additionally, no bid proposal will be accepted by telephone, electronic mail or facsimile. The bid proposals must be delivered to:

Brian Clayton – Issuing Officer Iowa Communications Network

400 East 14th Street

Grimes State Office Building

Des Moines, IA 50319

1.2.4.1 If Vendor sends a Bid Proposal to the ICN, Vendor is requested to provide shipment confirmation and tracking numbers to the Issuing Officer at brian.clayton@iowa.gov.

1.2.5 Bid Proposal Opening. The ICN will open bid proposals at 3:00 p.m. central time on July 10, 2024. Vendors may attend the bid opening if they wish, but no price information or any other information contained in any bid will be made public at that time. The bid proposals and the evaluation documents created by the ICN will remain confidential subject to Iowa Code Section 72.3 until the evaluation committee has evaluated all bid proposals submitted in response to this ITB and the ICN has issued a notice of intent to award the contract. The bid proposals submitted and the evaluation documents created by the ICN will be available for inspection subject to the exceptions described in Iowa Code Chapter 22 or other applicable law only after the selection process is complete.

1.2.5.1 Vendors must furnish all information necessary to evaluate the bid proposal. Bid proposals that fail to meet the mandatory requirements of the ITB or that fail to provide all of the information requested may be disqualified. Verbal information provided by the Vendor shall not be considered part of the Vendor’s bid proposal.

1.2.5.2 All bid proposals shall be firm for a minimum period of sixty (60) days to allow the evaluation committee to fully evaluate all bid proposals and make an award deemed to be in the best interest of ICN and the State of Iowa. The ICN reserves the right to issue an award either prior to, or beyond the 60 days after proposal deadline if it is in the best interests of ICN, in ICN’s sole opinion, to do so. If the award is not issued within 60 days, Vendors that submitted bid proposals will be given the opportunity to confirm that the price and other factors in the bid proposal, are still valid.

1.2.5.3 By submitting a bid proposal the Vendor agrees to the terms and conditions contained within this ITB.

1.3 Proposal Format.

1.3.1 Bid Proposals shall be printed on 8.5” x 11” paper. One original and One (1) copy must accompany each submission. The original bid proposal and copies must be in a package very clearly marked “ITB 24-020 Bid Proposal”. In addition, one (1) soft copy of the bid proposal shall be provided on CD or USB drive using Microsoft Word, and Excel software if the proposal includes spreadsheets. If the Vendor has identified portions of its bid proposal as confidential in accordance with section 1.9, the Vendor must submit one copy of the bid proposal with the confidential material redacted as required by section 1.9.4.

1.3.2

To achieve a uniform review process and the maximum degree of comparability, bid proposals shall be organized in the following manner:

1.3.2.1 Completed Bid Proposal Compliance Form (Attachment 1). If an exception is made by the Vendor, the Vendor must explain the exception and must describe the Vendor’s proposed method for dealing with the exception. Exceptions that materially change the terms of the requirements of the ITB may result in disqualification of the Vendor’s bid proposal.

1.3.2.2 Completed Authorization to Release Information Form (Attachment 3). The Vendor must sign the Authorization to Release Information form included with this ITB as an attachment. Failure to sign this Authorization will result in the bid proposal being rejected outright.

1.3.2.3 Technical Specifications / Service Requirements. The Vendor must provide a positive statement of compliance to each requirement to have its bid proposal considered. The bid proposal must fully address each specification and or requirement of the Chapter it is responding to and explain how the Vendor will accomplish or fulfill each specification and or requirement. Proposals must identify any deviation from any specification / requirements of this ITB that the Vendor cannot satisfy. Any deviations from the requirements of the ITB or requirements the Vendor cannot satisfy may result in disqualification of the Vendor’s proposal.

1.3.2.4 Vendor’s cost proposal which shall provide a clear description of all facets of the price proposed for the Chapter of the ITB, Vendor is responding to.

1.4 Clarification of Bid Proposals and Obtaining Information. ICN reserves the right to contact a Vendor after submission of bid proposals for the purpose of clarifying a bid proposal to ensure mutual understanding. This contact may include written questions, interviews, site visits, a review of past performance if the Vendor has provided goods or services to the ICN, or any other political subdivision wherever located, or requests for corrective pages in the Vendor’s bid proposal. This information may be used to evaluate the Vendor’s bid proposal. However, (except as provided for in section 5.1.2) the information received from the Vendor shall not be considered in the evaluation of a Vendor’s bid proposal if the information materially alters the content of the bid proposal, as determined by the ICN in its sole discretion. ICN reserves the right to obtain information concerning any Vendor or any bid proposal from any source and to consider such information in evaluating the Vendor’s bid proposal.

1.5 Cost of Bid Proposal. ICN is not responsible for any costs incurred by a Vendor which are related to the preparation or delivery of the bid proposal, or any other activities carried out by the Vendor as it relates to this ITB. The costs of preparation and delivery of the bid proposal are solely the responsibility of the Vendor.

1.6 Bid Proposal Obligations. The contents of the bid proposal and any clarification thereto submitted by the successful Vendor shall become part of the contractual obligation and incorporated by reference into the resulting contract.

1.7 Bid Proposals Property of ICN. All bid proposals become the property of the ICN and the State of Iowa and shall not be returned to the Vendor. At the conclusion of the selection process, the contents of all bid proposals will be placed in the public domain and be opened to inspection by interested parties subject to the exceptions provided in Iowa Code Chapter 22 or other applicable law.

1.8 Rejection of Bid Proposals. ICN reserves the right to reject any and all bid proposals, in whole and in part, received in response to this ITB at any time prior to the execution of a written contract. Issuance of this ITB in no way constitutes a commitment by ICN to award the contract. This ITB is designed to provide Vendors with the information necessary for the preparation of competitive bid proposals. This ITB process is for ICN’s benefit and is intended to provide ICN with competitive information to assist in the selection of goods and services.

1.9 Disqualification. The ICN may reject outright and may not evaluate bid proposals for any one of the following reasons:

1.9.1 The Vendor fails to deliver the bid proposal by the due date and time.

1.9.2 The Vendor states that a service requirement cannot be met.

1.9.3 The Vendor's response materially changes a service requirement.

1.9.4 The Vendor’s response limits the rights of the ICN.

1.9.5 The Vendor fails to include information necessary to substantiate that it will be able to meet a service requirement.

1.9.6 The Vendor fails to respond to the ICN's request for information, documents, or references.

1.9.7 Reserved.

1.9.8 The Vendor fails to include a completed, signed Authorization to Release Information Form (Attachment #3).

1.9.9 The Vendor fails to include a completed, signed Bid Proposal Compliance Form (Attachment #1).

1.9.10 The Vendor presents the information requested by this ITB in a format inconsistent with the instructions of the ITB.

1.9.11 The Vendor initiates unauthorized contact regarding the ITB with state employees.

1.9.12 The Vendor’s exceptions to the contract terms and conditions in ITB Chapter 2 and Attachment #2 materially change the terms and conditions of or the requirements of this ITB.

1.9.13 The Vendor provides misleading or inaccurate responses.

1.9.14 The Vendor’s proposal is materially unbalanced.

1.10 Public Records and Requests for Confidentiality.

1.10.1 The release of information by ICN to the public is subject to Iowa Code Chapter 22 and other applicable provisions of law relating to the release of records in the possession of a state agency. Vendors are encouraged to familiarize themselves with these provisions prior to submitting a bid proposal. All information submitted by a Vendor may be treated as public information by ICN unless the Vendor properly requests that information be treated as confidential at the time of submitting the bid proposal.

1.10.2 Any requests for confidential treatment of information must be included in a cover letter with the Vendor’s bid proposal and must enumerate the specific grounds in Iowa Code Chapter 22 or other legal reasons which support treatment of the material as confidential and must indicate why disclosure is not in the best interests of the public. The request must also include the name, address and telephone number of the person authorized by the Vendor to respond to any inquiries by ICN concerning the confidential status of the materials.

1.10.3 Any documents submitted which contain confidential information must be marked on the outside as containing confidential information, and each page upon which confidential information appears must be marked as containing confidential information. The confidential information must be clearly identifiable to the reader wherever it appears. All copies of the bid proposal submitted, as well as the original bid proposal, must be marked in this manner. Failure to properly mark information as confidential shall relieve the ICN from any responsibility if the information is viewed by the public, a competitor, or is in any way accidentally released.

1.10.4 In addition to marking the material as confidential material where it appears, the Vendor must submit one hard (printed) copy of the bid proposal from which the confidential information has been redacted. This hard copy of the proposal MUST be clearly marked as “Excluding Confidential Materials”. In addition to a hard copy, the Vendor may also include an electronic copy of the non-confidential portions of the bid proposal on CD-ROM using Microsoft Word. The confidential material must be redacted in such a way as to allow the public to determine the general nature of the material removed and to retain as much of the document as possible. The redacted version must be submitted with the cover letter and will be made available for public inspection. This submittal is a mandatory requirement and is not subject to waiver. Failure to mark the confidential items and to provide the required one copy with confidential information redacted shall be defined as allowance for the entire bid proposal to be treated as a public record.

1.10.5 The Vendor’s failure to request in the bid proposal confidential treatment of material pursuant to this Section and the relevant laws and administrative rules will be deemed by ICN as a waiver of any right to confidentiality which the Vendor may have had.

1.11 Restrictions on Gifts and Activities. Iowa Code Chapter 68B contains laws which restrict gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Vendors are responsible for determining the applicability of this Chapter to their activities and for complying with these requirements. In addition, Iowa Code Chapter 722.1 provides that it is a felony offense to bribe a public official.

1.12 Restriction on Communication. From the issue date of this ITB until the ICN issues the Notice of Intent to award, Vendors may only contact the Issuing Officer with questions or other communications relating to this ITB. If a Vendor or someone acting on the Vendor’s behalf attempts to discuss this ITB orally or in writing with any Commission member or any employee of the ICN other than the Issuing Officer, except as otherwise permitted by this ITB, the Vendor may be disqualified. No questions shall be asked of State of Iowa employees regarding this ITB, without prior notification and approval by the Issuing Officer, accept as otherwise specifically permitted by this ITB.

1.13 Copyrights. By submitting a bid proposal the Vendor agrees that ICN may copy the bid proposal for purposes of facilitating the evaluation or to respond to requests for public records. The Vendor consents to such copying by submitting a proposal and warrants that such copying will not violate the rights of any third party. ICN will have the right to use ideas or adaptations of ideas which are presented in the bid proposals.

1.14 Nonmaterial and Material Variances. The ICN reserves the right to waive or permit cure of nonmaterial variances in the bid proposal if, in the judgment of the ICN, it is in the ICN’s best interest to do so. Nonmaterial variances include minor informalities that do not affect responsiveness; that are merely a matter of form or format; that do not change the relative standing or otherwise prejudice other Vendors; that do not change the meaning or scope of the ITB; or that do not reflect a material change in the services. In the event the ICN waives or permits cure of nonmaterial variances, such waiver or cure will not modify the ITB requirements or excuse the Vendor from full compliance with ITB specifications or other contract requirements if the Vendor is awarded the contract. The determination of materiality is in the sole discretion of the ICN.

1.15 Release of Claims. With the submission of a bid proposal, Vendor agrees that it will not bring any claim or have any cause of action against ICN or the State of Iowa based on any misunderstanding concerning the information provided herein or concerning ICN’s failure, negligent or otherwise to provide the Vendor with pertinent information as intended by this ITB.

1.16 Construction of ITB with Laws and Rules. This ITB is to be construed in light of pertinent legal requirements including Iowa Code Chapter 8D and Iowa Administrative Code Chapter 751. Changes in applicable laws and rules may affect the award process or the resulting Contract. Vendors are responsible for ascertaining pertinent legal requirements and restrictions. Vendors are encouraged to visit a web site containing references to the Iowa Code and the Iowa Administrative Code for information. A suggested address is https://www.legis.iowa.gov/ or http://www.icn.iowa.gov 1.17 Bid Proposal Evaluation and Award. The ICN shall evaluate all bid proposals that are timely submitted, in accordance with the requirements set forth in evaluation Chapter 3 of this ITB. The ICN shall not necessarily award the contract to the Vendor offering the lowest cost to the ICN. The ICN may award a contract to the most responsible Vendor meeting the requirements of this ITB and which, in the sole discretion of the ICN, provides the best value to the State after considering price and compliance with the provisions of the ITB.

1.18 ITB Copy. Copies of the ITB will be available by sending an email request to brian.clayton@iowa.gov. In addition the ITB will also be available to the public via the ICN website at http://www.icn.iowa.gov.

1.19 Downloading ITB from the Internet. All amendments and responses to Vendor questions will be posted on the ICN’s website at http://www.icn.iowa.gov. Vendors are advised to check the ICN’s website periodically for amendments to this ITB because Vendors will not automatically receive amendments.

1.20 Definition of Contract. The full execution of a written contract shall constitute the making of a contract for services and no Vendor shall acquire any legal or equitable rights relative to the contract services until the contract has been fully executed by the successful Vendor and the ICN.

1.21 Award Notice and Acceptance Period. The ICN will send the Notice of Intent to award the contract to all Vendors submitting a timely bid proposal. Negotiation and acceptance of the contract shall be completed with the successful Vendor no later than sixty (60) days after Notice of Intent issuance date if there are no appeals filed. If the apparent successful Vendor fails to negotiate and deliver the executed contract by that date, the ICN may, in its sole discretion, cancel the award and award the contract to the next highest ranked Vendor. The ICN reserves the right to continue negotiations after sixty days if, in ICN’s sole discretion, ICN deems it to be in the best interests of ICN to do so.

1.22 No Minimum Guaranteed. The ICN anticipates that the selected Vendor will provide services as requested by the ICN. The ICN will not guarantee any minimum compensation will be paid to the Vendor or any minimum usage of the Vendor’s services.

1.22.1 Discounts based on expected volume or activity levels as shown in this ITB and used as any form of Vendor’s proposed pricing are at Vendor's risk. ICN does not guarantee any minimum usage or volume of activity requirements.

1.23 Criminal History and Background Investigation. The ICN reserves the right to conduct criminal history and other background investigations of the Vendor, its officers, directors, shareholders, or partners and personnel retained by the Vendor for the performance of the contract.

1.24 Hiring of ICN Staff. During the period from the date of issuance of this ITB until the Notice of Intent to award the contract, Vendors are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any ICN employee, ITTC commission member, or any member of the ITB evaluation committee. A Vendor making such an offer or proposition may be disqualified from further consideration.

CHAPTER 2

CONTRACTUAL TERMS

2.1 Contractual Terms Generally.

2.1.1 The Contract or Contracts which the ICN expects to award as a result of this Invitation to Bid will be based upon the bid proposal submitted by the successful Vendor or Vendors and this solicitation. The Contract between the ICN and any successful Vendor shall be a combination of the specifications, terms and conditions of the Invitation to Bid, including the terms contained in Attachment 2, the offer of the Vendor contained in its bid proposal, written clarifications or changes made in accordance with the provisions herein, and any other terms deemed necessary by the ICN.

2.1.2 The Contract terms contained in Attachment 2 are not intended to be a complete listing of all Contract terms but are provided only to enable Vendors to better evaluate the costs associated with the ITB and the potential resulting Contract. Vendors should plan on such terms being included in any Contract awarded as a result of this ITB. All costs associated with complying with these requirements should be included in any pricing quoted by the Vendor.

2.1.3 By submitting a Bid Proposal, each Vendor acknowledges its acceptance of these specifications, terms and conditions without change except as otherwise expressly stated in the appropriate section of the Bid Proposal Compliance Form (Attachment 1). If a Vendor takes exception to a provision, it must state the reason for the exception and set forth in Attachment 1 of its Bid Proposal the specific Contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of the ITB may be deemed non-responsive by the ICN, in its sole discretion, resulting in possible disqualification of the Bid Proposal. The ICN reserves the right to either award a Contract without further negotiation with the successful Vendor or to negotiate Contract terms with the selected Vendor if the best interests of the ICN would be served.

2.2

Additional Cost Items Not In Contract. ICN is unaware of any additional Contract terms that would add cost. Notwithstanding, should any Contract items arise that would cost additional monies; those costs shall be borne by the Vendor.

2.3 Equipment Delivery Schedule. Any equipment necessary for the Contract shall be delivered as agreed upon between the successful Vendor and the ICN.

2.4 Installation and Implementation. Upon award of a Contract, the ICN shall negotiate an installation and implementation schedule with the successful Vendor. Extended installation time periods may be considered when the extension is in the best interests of ICN.

2.4.1 Vendor shall bear the expense of installing the system and removing the system upon cancellation or contract completion. Vendor shall maintain responsibility for all equipment and service and shall provide a customer service representative.

2.4.2 Vendor shall fully assume the risk of loss and/or damage during shipment, unloading and installation.

2.4.3 Vendor shall remove all packing crates, boxes, paper, packing materials and all other such extraneous material from all installation sites at the Vendor’s expense.

CHAPTER 3

TECHNICAL SPECIFICATIONS FOR TRANSPORT PROVIDERS

3.1 Scope. The ICN is seeking bid proposals from Vendors capable of transporting 10 gigabit Wavelength services between CoreSite DE1, 910 15th Street, Denver, CO and the ICN location at Iowa Western Community College (IWCC), 2700 College Road, Council Bluffs, IA 51503. The ICN offers Transit Internet gateway services to authorized users in the State of Iowa at variable bandwidth requirements of which educational institutions in Iowa constitute the largest client base. To accomplish this, the ICN seeks dedicated 10Gig Wavelength transport with the opportunity to scale up to higher bandwidth levels.

3.1.1 The “Preferred” Iowa endpoint location is: the ICN location at Iowa Western Community College (IWCC), 2700 College Road, Council Bluffs, IA 51503.

3.1.2 “Optional” Iowa endpoint locations for service delivery are to an ICN splice access handhole location as follows:

a. ICN Splice LS1G handhole on the south side of the community college, NW side of College Road and Reiver Lane “T” intersection.

b. ICN Splice MS1301-B handhole on the southeast corner of E. Kanesville Blvd. and College Rd.

c. ICN Splice MS1301-C on the southwest corner of College Road and Circle Drive Note: see Exhibit 1 for map of splice point locations.

3.1.3 All Colorado endpoints shall be within the meet me room within the Coresite DE1 data center, NO EXCEPTIONS will be considered.

3.2 Criteria for Transport Vendors. The purpose of this Section is to identify the requirements and conditions a bid proposal must fulfill before any consideration will be given. Each requirement requires a “Will Comply” and a detailed response that explains their response or it will NOT be evaluated.

3.2.1 Vendor shall be able to provide 10 Gig Wavelength circuits between the ICN location at Iowa Western Community College, 2700 College Road, Council Bluffs, IA 51503 and CoreSite DE1, 910 15th Street, Denver CO.

3.2.1.1 Vendor shall confirm it is quoting a complete connection between the ICN equipment located within DE1 (7th floor, Space 102.04A) to the ICN meet point at Iowa Western Community College.

3.2.2 Vendor must provide their Fiber route map that shows the routes to be used between CoreSite DE1, 910 15th Street, Denver CO. and the ICN Preferred location at Iowa Western Community College, 2700 College Road, Council Bluffs, IA 51503 (DWDM ITU Grid 10 GB Optics) or an Optional location for consideration.

3.2.3 Vendor shall confirm its understanding that if delivery is to an ICN splice location, vendor(s) will be required to construct to the ICN splice access handhole. Vendor costs to be included in the quote.

3.2.4 Vendor shall certify that the service will be delivered as ITU (International Telecommunications Union) G.694.1 grid.

3.2.5 Transport cannot use a fiber route that goes through Cedar Rapids, IA., St. Louis, Mo., Kansas City, MO. or Chicago, Ill or Des Moines, IA.

3.2.6 Vendor must provide twenty-four (24) hour per day, seven (7) day per week service for technical assistance via a toll free phone number.

3.2.7 Vendor shall provide dedicated private line service with no over subscription.

3.2.8 Vendor shall operate an industry standards based optical network.

3.2.9 Vendor shall certify that all one-time and recurring costs associated with the service are included in the Vendor’s bid proposal.

3.2.10 Vendor must offer and include in their response credit allowances for Service Level Agreements on uptime, loss and latency. (Can be a separate attachment)

3.2.11 Vendor must provide its Escalation procedures for troubles.

3.2.12 Vendor must provide notifications of planned network maintenance of 72 hours or more.

3.2.13 Vendor must provide a list of the main electronic equipment used by the Vendor to provide this service.

3.2.14 The Vendor must provide a sample Invoice for the service it is offering.

3.3 Price for Transport Providers. Vendor will provide pricing for delivery of the 10Gb wavelengths in the table provided below. Vendor may make notations, however, to indicate separate billing items that have been combined to meet the format required, such that all costs associated with the service are represented.

3.3.1 ICN is seeking to replace 4 x 10 Gb waves currently in use.

4 x 10 Gigabit Wavelengths

3.3.2 Vendor shall identify what Iowa location is their quoted endpoint:

3.3.2.1 Preferred – Iowa Western Community College

3.3.2.2 Endpoint Option A, Endpoint Option B or Endpoint Option C.

3.3.3 If ICN needs additional waves, at a later date, can Vendor offer a fixed price, fixed for what term or are additional waves priced at the time of request?

1 x 10 Gigabit Wavelength

DE1

3.3.4 Vendor shall confirm if the additional waves can be co-terminated with the original order of the 4 x 10Gb waves.

3.3.5 Vendor shall identify its anticipated timeframe to turn up the waves, after receipt of order.

CHAPTER 4

EVALUATION CRITERIA

4.1 Award Process.

4.1.1 An evaluation committee assigned by personnel within the ICN will review the bid proposals. The evaluation committee will consider all information provided when making its recommendations and may consider relevant information from other sources.

4.1.2 The evaluation committee will make recommendations to the Executive Director of the ICN indicating the committee’s choices for each of the types of services requested in this ITB. The Executive Director will select the Vendor to receive the award. The Executive Director is not bound by the committee’s recommendations. All Vendors submitting Bid Proposals will receive a copy of the Notice of Intent to Award a Contract.

4.1.3 All applicable contracting requirements imposed by this ITB and Iowa law shall be met by the Vendor. The successful Vendor must, in a timely manner, enter into a Contract with the ICN to implement the service contemplated by this ITB. Failure of a successful Vendor to agree to the terms of a Contract within a timely manner may be grounds for the ICN to award to the next compliant Vendor.

4.2 Evaluation Criteria.

4.2.1 A Bid Proposal will not be evaluated if all of the Mandatory Requirements identified in Chapter 3 are not met and/or fulfilled.

4.2.2 The ICN may award a Contract to the most responsible Vendor meeting the requirements of this ITB and which, in the sole discretion of the ICN, provides the best value to the State after considering price and compliance with the provisions of Chapter 3.

ATTACHMENT 1

PROPOSAL COMPLIANCE FORM

ITB 24-020

Vendor affirms that the information contained in the bid proposal is true and accurately portrays all aspects of the goods or services or both contemplated by this ITB. The Vendor is aware that any substantive misinformation, misrepresentation or inability to meet the identified mandatory requirements may disqualify the bid proposal from further consideration. Vendor hereby certifies total compliance with all other terms, conditions and specifications of this ITB except as expressly stated below:

Chapter 1, Administrative Issues. __________________________________________________________________________________________________________________________________________________________________________ Chapter 2, Contractual Terms (includes Attachment 2).

Chapter 3, Technical Specifications for Transport Providers. __________________________________________________________________________________________________________________________________________________________________________ Chapter 4, Evaluation Criteria. __________________________________________________________________________________________________________________________________________________________________________ I certify that I have the authority to bind the Vendor indicated below to the specific terms and conditions imposed in this ITB and offered in this bid proposal, and that by my signature on this document I specifically agree to all of the waivers, restrictions and requirements of this ITB as conditions precedent to submitting this proposal. I further state that in making this bid proposal that the Vendor has not consulted with others for the purpose of restricting competition or violating State or Federal anti-trust laws and has not knowingly made any false statements in this proposal.

Authorized Signature:

Printed Name:

Title:

Telephone:

Fax Number:

E-Mail:

Business Name:

Address:

Federal ID Number:

BID PROPOSAL COMPLIANCE FORM

Vendor providing bid proposal must complete each section of this Attachment and submit as part of its bid proposal.

Vendor Name (including all d/b/a or assumed names or other operating names of the Vendor:

Phone:

Fax:

Form of business entity, i.e., corporation, partnership, proprietorship, limited liability company:

Number of employees:

Local office address that relates to the Vendor’s performance under the terms of this ITB (if different from above):

Phone / Fax:

Fax:

Vendor accounting firm:

State of incorporation (if a corporation). State of formation (if a limited liability company or a limited partnership): _______________________________________________________________________________________ The successful Vendor will be required to register to do business in Iowa. If already registered, provide the date of the Vendor’s registration to do business in Iowa.

Person to Contact Regarding This Bid Proposal:

Person to Contact Regarding Service Scheduling and Other Arrangements:

ATTACHMENT 2

TERMS AND CONDITIONS

ITB 24-020

SECTION 1. IDENTITY OF THE PARTIES.

1.1 The Iowa Communications Network (ICN) is authorized by Iowa Code Chapter 8D to operate a communications network in the State of Iowa. The ICN’s address is Grimes State Office Building, 400 East 14th Street, Des Moines, IA 50319.

1.2 Vendor is a corporation qualified to provide Transport Services and is authorized to conduct business in the State of Iowa. Vendor’s address is ____________________________________.

SECTION 2.

PURPOSE. The parties have entered into this Agreement for the purpose of Vendor providing Transport Services.

SECTION 3.

TERM.

3.1 The Agreement shall have a Term of six (6) years, unless terminated under separate sections listed within this Agreement.

3.2 This Agreement is effective upon signature by both Parties; however the operational start date of the new Vendor(s) Service Term shall be upon circuit provisioning.

SECTION 4.

DOCUMENTS INCORPORATED BY REFERENCE.

4.1 Incorporation of Bid Proposal Documents. The Invitation to Bid (ITB) 24-020 and the Vendor’s Bid Proposal in response to this ITB, together with any clarifications, attachments, appendices, amendments or other writings of the ICN or the Vendor (collectively Bid Proposal) are incorporated into this Agreement by this reference as if fully set forth in this Agreement.

4.2 Contractual Obligations of Vendor. The terms and conditions of the Bid Proposal and of the ITB are made contractual obligations of the Vendor.

4.3 Contents of Agreement. The parties acknowledge that this Agreement consists of this document as well as the ITB and the Bid Proposal and that the parties are obligated to perform as set forth in the ITB and the Bid Proposal to the same extent that they are obligated to perform the specific duties set forth in this document.

4.3.1 Order of Preference. In the case of any inconsistency or conflict between the specific provisions of this document, the ITB or the Bid Proposal, any inconsistency or conflict shall be resolved as follows:

4.3.1.1 First, by giving preference to the specific provisions of this Agreement.

4.3.1.2 Second, by giving preference to the specific provisions of the ITB.

4.3.1.3 Third, by giving preference to the specific provisions of the Bid Proposal.

4.4 Intent of References to Bid Documents. The references to the parties' obligations, which are contained in this document, are intended to change, supplement or clarify the obligations as stated in the ITB and the Bid Proposal. The failure of the parties to make reference to the terms of the ITB or Bid Proposal in this document shall not be construed as creating a conflict and will not relieve the Vendor of the contractual obligations imposed by the terms of the ITB and the Bid Proposal. Terms offered in the Bid Proposal, which exceed the requirements of the ITB, shall not be construed as creating an inconsistency or conflict with the ITB or this document. The contractual obligations of the ICN cannot be implied from the Bid Proposal.

SECTION 5.

DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa, and words of gender shall be held to include the other gender as the context requires. For the purposes of this Contract, the following terms and all other terms defined in this Contract shall have the meanings so defined unless the context clearly indicates otherwise.

5.1 “State” shall mean the State of Iowa and all of its departments, agencies, boards, and commissions, including the ICN.

5.2 “ICN” shall mean the Iowa Telecommunications and Technology Commission operating the Iowa Communications Network.

5.3 “Vendor” shall mean __________________________________

5.4 “Agreement” or “Contract” shall mean this document and any amendments to this document or any other documents incorporated by reference.

5.5 “CNEIP” shall mean carrier neutral exchange internet point.

SECTION 6.

SCOPE OF WORK.

6.1 Scope of Services.

6.1.1.

The services to be performed pursuant to and as a result of this Agreement by the Vendor are described on Schedule A attached to and made part of this agreement by this reference.

6.1.2 The Vendor shall prepare and deliver specifications to the ICN which will detail the design, technical and functional capabilities, look and feel, and other attributes related to the project, all as more fully described in Schedule A.

6.2 Amendments to Scope of Services and Specifications. The parties agree that Schedule A, Scope of Services, and the specifications, may be revised, replaced, amended or deleted at any time during the term of this Agreement to reflect changes in service or performance standards upon the mutual written consent of the parties.

6.3 Industry Standards. Services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Contract and with generally acceptable industry standards of performance for similar tasks and projects. In the absence of a detailed specification for the performance of any portion of this Agreement the parties agree that the applicable specification shall be the generally accepted industry standard. As long as the ICN notifies Vendor promptly of any services performed in violation of this standard, Vendor will re-perform the services, at no cost to ICN, such that the services are rendered in the above-specified manner.

6.4 Non-Exclusive Rights. This Agreement is not exclusive. The ICN reserves the right to select other Vendors to provide services similar or identical to the Scope of Services described in this Agreement during the term of this Agreement.

6.5 Staffing. The ICN reserves the right to disapprove any employee of Vendor who is assigned to provide services pursuant to this Agreement or to request Vendor to remove an employee from providing services pursuant to this Agreement at any time during the Agreement’s duration if the employee fails to perform as required by Vendor and/or ICN, which includes adherence to State of Iowa work rules and policies including background checks and training requirements.

6.6 The Contract shall be available to all State of Iowa institutions, universities, schools, and political subdivisions.

SECTION 7.

COMPENSATION.

7.1 Payment Terms. The Vendor shall identify services rendered and submit itemized invoices for amounts owed on a monthly basis. ICN shall pay all approved invoices in arrears and in conformance with Iowa Code. ICN may pay invoices in less than 60 days as provided in Iowa Code; however, an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa Code. Any sums owed to ICN by the Vendor shall be itemized and deducted from the Vendor’s invoice prior to submission. Notwithstanding anything herein to the contrary, ICN shall have the right to dispute any invoice submitted for payment and withhold payment of any disputed amount if ICN believes the invoice is inaccurate or incorrect in any way. Invoices shall be submitted to ICN Finance – Accounts Payable, Grimes State Office Building, 400 East 14th Street, Des Moines, IA 50319.

7.2 Pricing. The pricing matrix shall be described in Schedule A. The parties agree that the pricing may be revised, replaced, amended or deleted at any time during the term of this Agreement upon the mutual written consent of the parties.

7.2.1 If Vendor fails to submit an invoice within 60 days after shipment of the goods or provision of the service pursuant to this Contract, the ICN shall be excused from any liability owing to the Vendor and shall not pay invoices submitted after the 60th day. Additionally, ICN must receive all fiscal year invoices no later than July 15. ICN shall be excused from any liability owing to the Vendor and shall not pay invoices submitted after July 15.

7.3 Reimbursable Expenses. There shall be no reimbursable expenses associated with this Agreement separate from the compensation referred to in this section. Vendor shall be solely responsible for all costs and expenses, including, but not limited to, travel, mileage, meals, lodging, equipment, supplies, personnel, training, salaries, benefits, insurance, conferences, long distance telephone, and all other costs and expenses of Vendor.

7.4

Set Off. In the event that Vendor owes ICN or the State of Iowa any sum under the terms of this Contract, any other Contract, pursuant to any judgment, or pursuant to any law; ICN may set off the sum owed to ICN or the State against any sum billed to ICN by the Vendor in ICN’s sole discretion unless otherwise required by law. The Vendor agrees that this provision constitutes proper and timely notice under the law of setoff.

7.5 Delay of Payment Due To Vendor's Failure. If the ICN in good faith determines that the Vendor has failed to perform or deliver any service or product as required by this Contract, the Vendor shall not be entitled to any compensation under this Contract until such service or product is completed or delivered. In the event of partial performance, the ICN may withhold that portion of the Vendor’s compensation, which represents payment for the unsatisfactory services.

7.6 The Vendor shall audit the invoices presented to the ICN to ensure that they are proper, current and correct. The Vendor has 30 days from the date of invoice to present and resolve any discrepancies with the ICN. The Vendor shall notify the ICN of any and all discrepancies that the audit(s) reveals.

SECTION 8. INSURANCE.

8.1 Coverage Requirements. The Vendor, and any subcontractors performing the services required under this Agreement, shall maintain in full force and effect, with insurance companies authorized to transact the business of insurance in this state, at its own expense, insurance covering its work during the entire term of this Agreement and any extensions or renewals thereof. The insurance shall be of the type and in the amounts as reasonably required by the ICN. The Vendor’s insurance shall, among other things, insure against any loss or damage resulting from or related to the Vendor’s performance of this Agreement. All such insurance policies should remain in full force and effect for the entire life of this Agreement and shall not be canceled or changed except with the advance written approval of the ICN.

8.2 Types of Coverage. Unless otherwise requested by the ICN, Vendor shall, at its sole cost, cause to be issued and maintained during the entire term of this Agreement (and any extensions or renewals thereof) the insurance coverages set forth below, each naming the State of Iowa and the ICN additional insureds or loss payees, as applicable:

General Liability (including contractual liability) written on an occurrence basis

8.3 Coverage for State Property on Vendor Premises. The policies shall provide coverage for damages to the State’s property, which occurs on the Vendor’s premises or premises under the control of the Vendor or Vendor’s subcontractors.

8.4 Claims Made Coverage. All insurance policies required by this Agreement must provide coverage for all claims arising from activities occurring during the term of the policy regardless of the date the claim is filed or expiration of the policy.

8.5 Notice Regarding Cancellation. Certificates of insurance, which provide that the ICN will be notified at least thirty (30) days prior to cancellation of the coverage required by this Agreement must be provided by the Vendor and any subcontractors to the ICN at the time of execution of the Agreement or at a time mutually agreeable to the parties.

8.6 No Limitation of Liability. The receipt of insured certificates by the ICN does not constitute approval of the coverage contained in the certificates, and the Vendor remains responsible for determining that its insurance coverage meets each and every requirement of this Agreement. Acceptance of the insurance certificates by the ICN shall not act to relieve the Vendor of any obligation under this Agreement. Only companies authorized to transact business of insurance in this state shall issue the insurance policies and certificates required by this Section. It shall be the responsibility of the Vendor to keep the respective insurance policies and coverages current and in force during the life of this Agreement.

8.7 Warranty. The Vendor warrants that it has examined its insurance coverage to determine that the State of Iowa and the ICN can be named as additional insured without creating an adverse effect on the Vendor's coverage.

8.8 Waiver of Subrogation Rights. The Vendor shall obtain a waiver of any subrogation rights that any of its insurance carriers might have against State of Iowa and the ICN. The waiver of subrogation rights shall be indicated on the certificates of insurance coverage supplied to the ICN.

SECTION 9.

CONFIDENTIAL INFORMATION.

9.1 During the course of this Agreement each party may disclose, to the other either directly or indirectly, certain data which is proprietary which shall be referred to as "Confidential Information" of the disclosing party and which must remain confidential. Confidential Information may include without limitation, among other things, such items as security information, user information, data, knowledge, trade secrets and other proprietary information, methodologies, developments, software, software documentation, inventions, processes, and other nonpublic information in oral, graphic, written, electronic or machine readable form.

9.2 The parties acknowledge that information and material in the hands of the ICN is generally public information unless it is specifically allowed by law to be maintained as Confidential Information.

9.3 The parties acknowledge that some information in the hands of the ICN is strictly confidential and is not subject to release as a matter of law. The Vendor shall abide by all such statutory provisions when handling sensitive ICN information identified as confidential.

9.4 All written or electronic Confidential Information shall be clearly marked as Confidential Information by the party providing the Confidential Information at the time of disclosure to the other party.

9.5 If the Confidential Information is disclosed orally, and reduced to writing, the receiving party must treat the information as Confidential Information.

9.6 The Vendor shall limit such identification to information it reasonably believes it is entitled to confidential treatment pursuant to Iowa Code Chapter 22 or other applicable law.

9.7 In the event a public records request is made to the ICN pursuant to Iowa Code Chapter 22, regarding the Confidential Information of the Vendor, the ICN shall immediately notify the Vendor of the request by telephone and fax. The ICN will respond to the request for information in compliance with IAC Chapter 22 with a release of the information unless the Vendor has obtained an injunction preventing release of the requested information

9.8 The obligations of this Agreement do not apply to Confidential Information which:

9.8.1 Was rightfully in the possession of the receiving party from a source other than the disclosing party prior to the time of disclosure of the Confidential Information to receiving party.

9.8.2 Was known to the receiving party prior to the disclosure of the Confidential Information from the disclosing party;

9.8.3…