26-0727-2 Tarana Equipment - Licenses - FCC- RFB_26-0727-2.07.09.2026.pdf
PDF 14 MB Posted
- Attached to
- Tarana Fixed Wireless and Microwave Equipment, Accessories, Licenses and FCC Licensing Services
- Solicitation number
- 2137019
- Issued by
- Genesee County, New York
About this file
This is a Request for Bid (RFB) issued by Franklin County, New York, for the supply and delivery of Tarana fixed wireless equipment, microwave radio equipment, accessories, licenses, and FCC licensing services to support the County's Municipal Infrastructure Program (MIP) Phase 3 broadband project. The project involves equipping four Musco Communications-Structure System monopole sites and one water tank site in northern Franklin County. Bids are due July 27, 2026, at 3:00 PM, with a question period closing July 17, 2026. The scope includes Tarana G1/G2 multiband base nodes and remote nodes, Aviat WTM 4800-series microwave radio terminals, parabolic antennas, power supplies, surge protection, cabling, and associated software and management licenses. The vendor must also provide complete FCC Part 101 frequency coordination, license applications, and license grant services for the microwave paths. Equipment delivery is required by September 1, 2026, to support the scheduled pole installation commencement. The contract will be awarded to the lowest responsible and responsive bidder meeting all specifications and requirements.
The County requires unit pricing with extended totals for all bill-of-materials line items, with net pricing including transportation and delivery to Franklin County Highway Department in Malone, New York. Bidders must hold current authorized-distributor or authorized-reseller status with Tarana Wireless and the respective original equipment manufacturers at the time of bid submission, or bids will be rejected as non-responsive. The project is funded through the U.S. Treasury Coronavirus Capital Projects Fund under the American Rescue Plan Act of 2021, administered by Empire State Development's ConnectALL Office, requiring compliance with 2 CFR Part 200 and the New York State WIRED Broadband Act. FCC pass-through fees are reimbursed at actual cost without vendor markup. A 5 percent bid guarantee is required, and payment terms are net sixty days from invoice receipt following delivery and acceptance, with ten percent retainage held until all equipment is delivered and FCC licenses are validated. The vendor must obtain and maintain commercial general liability insurance of $1,000,000 per occurrence and $2,000,000 aggregate, plus $3,000,000 umbrella coverage, naming Franklin County and Empire State Development as additional insureds. No refurbished or remanufactured equipment is acceptable; all items must be new and of current manufacture.
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Other files
| File | Type | Posted |
|---|---|---|
| Tarana RFB#26-0727-2 Addendum #1 Response to Questions.07.22.2026.pdf | ||
| 26-0727-2 Tarana Material RFP 2026-07-06_80-11GHz _80-18GHz_Summary.xlsx | XLSX spreadsheet |
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Text version
FRANKLIN COUNTY
REQUEST FOR BID (RFB)
PROPOSALS FOR TARANA FIXED WIRELESS AND MICROWAVE EQUIPMENT,
ACCESSORIES, LICENSES, AND FCC LICENSING SERVICES
RFB #: 26-0727-2
RFB DATE: July 9, 2026
DUE DATE: July 27, 2026 AT 3:00 PM
FRANKLIN COUNTY
PURCHASING DEPARTMENT
355 WEST MAIN ST.
SUITE 456
MALONE, NY 12953
INQUIRIES AND BIDS SHOULD BE DIRECTED TO:
MARK FUENTES: mip3franklincounty@consertus.com mailto:mip3franklincounty@consertus.com
1. ADVERTISEMENT FOR BIDS
FRANKLIN COUNTY
355 WEST MAIN ST.
MALONE, NEW YORK 12953
PH: (518) 481-1500
Notice to Bidders
Procurement ID:
Franklin County is issuing this Request for Bids (RFB) for a fixed-price contract for the sale and delivery of Tarana fixed wireless equipment, microwave radio equipment, antennas, mounting and ancillary accessories, and all associated software, subscription, and management licenses (collectively, the
“Equipment”), and the FCC Part 101 path coordination, license-application, and license-grant services required to authorize operation of the microwave paths, all as required to equip four (4) Communications-
Structure System monopole sites in northern Franklin County and (1) Water Tank.
This RFB is for equipment supply and FCC licensing services. The Equipment will be installed by others under a separate procurement. The selected Vendor is not responsible for, and shall not include in its bid pricing, any labor, mounting services, integration, alignment, turn-up, testing, programming, or commissioning of the Equipment at any site. The County will furnish only those items identified as Owner-
Furnished in this RFB; the Vendor shall furnish all Equipment, accessories, and licenses identified on the
Bill of Materials (Exhibit 1) and shall perform the FCC licensing services described in Section 4(D).
Important Dates:
July 17, 2026 by 3pm: Question Period Closes
No questions will be accepted after this date. Answers to questions will be provided as soon as possible, but no later than three (3) days prior to the bid due date. Answers will be provided to all prospective bidders who have downloaded the bid package for this project from Franklin County's website. An email notification will be sent that informs bidders that new information has been posted to Franklin County's website and is available for review and download.
All questions must be submitted via email to: mip3franklincounty@consertus.com and include the subject line
Franklin CO – MIP 3 – Tarana FW & Microwave Equipment Supply, RFB # 26-0727-2
Questions.
July 27, 2026 at 3pm: Sealed Bids Due
Sealed Bids will be accepted at Franklin County, Purchasing Department, 355 West Main St., Suite 456, Malone, NY 12953 until 3pm on July 27, 2026, at which time they will be publicly opened and read.
mailto:mip3franklincounty@consertus.com
Primary Point of Contact: Pursuant to the Procurement Lobbying Law (State Finance Law §§ 139-j and
139-k), Franklin County has designated one person who may be contacted by Bidders regarding this procurement. All questions regarding this procurement opportunity should be emailed to:
Donna Kissane
Franklin County Manager
Email: Donna.Kissane@franklincountyny.gov
Awards will be made to the lowest responsible bidder as will best promote the public interest, taking into consideration the reliability of the Bidder, the bidder's authorized-distributor or authorized-reseller status with each original equipment manufacturer (OEM) for the Equipment offered, the quality and conformity of the offered Equipment with the specifications in this RFB, the bidder's ability to meet the delivery schedule, and the terms of delivery. The award may be made in whole or in part based on the information provided in the Bid. Bidders may submit Bids for the entire scope or for specific portions of the Bill of
Materials. Complete details on the scope of the Equipment supply, technical specifications, and other conditions can be downloaded from Franklin County's website at https://www.franklincountyny.gov/business/purchasing_bids.php by clicking on the bid name.
Due to the proprietary nature of the Tarana Wireless and microwave radio products specified for this
Project, the Bidder must, at the time of bid submission, hold current authorized-distributor or authorized-reseller status with Tarana Wireless, Inc. for the Tarana Equipment and with the named OEM
(e.g., Aviat Networks, Inc.) for the Microwave Equipment offered. Bids from entities that are not currently authorized for the OEM line offered shall be rejected as non-responsive.
This RFB will be advertised in The New York State Contract Reporter and posted on Franklin County's website at https://www.franklincountyny.gov/business/purchasing_bids.php in accordance with Franklin
County Purchasing Policy Appendix C(b). A minimum of three (3) qualified vendors drawn from the manufacturer-authorized distributor lists for the equipment manufacturers identified in this RFB will also be solicited directly.
Franklin County reserves the right to reject any or all Bids received or to award partial Bids to more than one Bidder.
2. OVERVIEW
Franklin County was awarded a New York State Municipal Infrastructure Program (MIP) grant through the
ConnectALL Office to construct a broadband network throughout Franklin County to serve unserved and underserved areas. This RFB pertains exclusively to MIP Phase 3, which consists of a hybrid fiber-optic / fixed-wireless design to serve the northern portion of the County.
The Project is funded in part through the U.S. Treasury Coronavirus Capital Projects Fund (CPF) under the
American Rescue Plan Act of 2021 (Federal Award Identification Number CPFFN0191; Assistance Listing
21.029), administered by Empire State Development (ESD) through its ConnectALL Office. All Vendors and subcontractors shall comply with all applicable federal, state, and program-specific requirements, https://www.franklincountyny.gov/business/purchasing_bids.php including 2 CFR Part 200 and the New York State WIRED Broadband Act. All awards are subject to approval and controls by ConnectALL and Empire State Development (ESD).
Franklin County is soliciting Bids for the sale and delivery of Tarana fixed wireless equipment, microwave radio equipment, accessories, and associated licenses required to equip the four (4) Musco
Communications-Structure System monopole sites and (1) Water Tank identified in Exhibit 2 and Exhibit
2-A, together with the FCC Part 101 path coordination, license-application, and license-grant services required to authorize operation of the microwave paths in the County's name (or, where required by FCC rule, in the name of the County's designated ISP). Installation of the Equipment will be performed by others under a separate procurement and is not within the scope of this RFB.
Bids must be submitted in hard copy format, delivered in a sealed envelope, and received by Franklin
County at the location and time specified in Section 1 (Advertisement for Bids). Submissions will be publicly opened and read at that time.
Hudson Valley Wireless (HVW) is the County's designated Internet Service Provider (ISP) for the area covered by this RFB and is the technical end-user of the Equipment. Airosmith Development is the County's
Construction Manager and Designer. The County (or its designated installation contractor) will receive and take title to the Equipment in the County's name at the delivery point identified in Section 3.32.
3. INSTRUCTIONS TO BIDDERS
The following is important information relative to this RFB and is provided to assist you in the development of your Bid response:
3.1 BID SUBMISSION. Bids must be received at Franklin County, Purchasing Department, 355 West
Main St., Suite 456, Malone, NY 12953 no later than the date and time stated in Section 1 (Advertisement for Bids). Bids shall be submitted in a sealed envelope marked with “FRANKLIN COUNTY NY MIP 3
Tarana FW & Microwave Equipment Supply, RFB # 26-0727-2” and the words “SEALED BID” written on the outside of the envelope. If delivered by mail or courier, such an envelope should be placed within the addressed envelope, which should be marked “BID DOCUMENTS ENCLOSED.”
Bids submitted by Fax or email will not be accepted.
3.2 BIDDER'S CHECKLIST. “Bidder's Checklist” (included in Exhibit 6) is provided to assist the
Bidder in submitting a complete Bid Package. The Bidder must submit the Bidder's Checklist with its submittal and complete and sign all documents included in the Appendices to this RFB. The Bidder must submit all required documents listed on the Bidder's Checklist. Failure to submit a complete Bid package may result in disqualification.
3.3 DELAYS. Bidders are responsible for timely delivery of their Bid to Franklin County. All Bids not received at the location and time specified in Section 1 (Advertisement for Bids) will not be considered and will be returned unopened. Delays in United States mail, FedEx, UPS or other carriers' deliveries or any other means of transmittal of Bids shall not excuse a late Bid submission. For purposes of Bid openings, the term “late Bid” means a Bid not received in the location established in the Procurement Documents at or before the date and time specified for the Bid to be received by Franklin County.
3.4 BID CONTENTS. Bids must be complete, legible, signed, and dated by the authorized representative of the Bidder, who must provide all the information required on all Forms attached hereto.
All information required by the Procurement Documents must be supplied by the Bidder on the forms or in the format specified. No alteration, erasure, or addition is to be made to the Procurement Documents.
Changes to any typed portions of the RFB or Appendices shall be ignored by Franklin County and may be grounds for rejection of the Bid. Changes, corrections, and/or use of white-out in the Bid or Bidder's response portion of the Procurement Document must be initialed by an authorized representative of the
Bidder. Bidders are cautioned to verify their Bids before submission. Franklin County may access contract pricing available through New York State contracts; if any of the Equipment offered is also available through such a source, please provide the applicable pricing and contract number. This does not preclude the Bidder from offering special pricing or from submitting a Bid.
3.5 BID LIFE. Franklin County reserves the right to make awards within ninety (90) days after the date of Bid opening, during which period Bids must remain firm and cannot be withdrawn. If an award is not made within the ninety (90) day period, Bids shall remain firm until either a Contract is awarded or the
Bidder delivers written notice of withdrawal to Franklin County. The successful Bidder shall hold its quoted unit pricing open through June 30, 2027, or for twelve (12) months from award, whichever is greater, to permit the County to procure additional quantities within engineered design tolerances at the original unit prices. This Bid validity period applies solely to pricing and award timing and does not modify or extend the Vendor's delivery deadline established in the Contract.
3.6 TAXES. Purchases made by Franklin County are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. To satisfy the requirements of the New York State sales tax exemption, either the Purchase Order issued by Franklin County or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Vendor was made to
Franklin County, an exempt organization under Section 1116(a)(1) of the New York Tax Law. No person, firm, or corporation is, however, exempt from paying the State Truck Mileage and Unemployment
Insurance or Federal Social Security taxes, which remain the sole responsibility of the Bidder. The quoted prices in Exhibit 4 “Price Form” shall not include New York State or local sales tax.
3.7 BUILD AMERICA, BUY AMERICA COMPLIANCE (WAIVER). Because the MIP Project is covered under a federal waiver of the Build America, Buy America Act (BABA) for the U.S. Treasury
Capital Projects Fund program, the requirements of BABA shall not apply to the manufactured products, iron, steel, or construction materials supplied under this Contract. Vendor shall, when feasible, utilize domestically produced materials; however, such preference shall not be interpreted as a mandatory compliance requirement, nor shall non-BABA materials be grounds for rejection of work or materials.
Vendor shall provide manufacturer data sheets and country-of-origin documentation for all
Equipment, accessories, and licenses proposed for use so the County may maintain appropriate documentation of material origin for federal audit purposes. Consistent with 2 CFR §200.322, Franklin County acknowledges a strong domestic procurement preference. Vendors shall not propose, furnish, or deliver Equipment or services sourced from entities owned or controlled by the government of the People's Republic of China or otherwise prohibited.
The Section 889 prohibition on covered telecommunications equipment and services (Section
3.8 below) continues to apply in full and is not waived.
3.8 SECTION 889 — PROHIBITION ON COVERED TELECOMMUNICATIONS
EQUIPMENT. Consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) and the implementing regulation at 2 CFR §200.471, the Bidder represents, warrants, and certifies that none of the Equipment, components, software, or services to be furnished under any resulting contract is or contains covered telecommunications equipment or services produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or any of their subsidiaries or affiliates, or by any other entity reasonably believed to be owned or controlled by, or otherwise connected to, the government of a covered foreign country.
The Bidder further certifies that it does not use any covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology, of its operations; and that the Bidder will not, during the term of any resulting contract, procure, supply, or substitute any such covered equipment or services. A material breach of these certifications shall constitute grounds for rejection of the Bid, termination of any resulting contract for default, and disqualification from future County procurements. The Bidder shall execute the Section 889 representation included in Exhibit 5.
3.9 EQUIVALENCY. In submitting a Bid, the Bidder agrees to provide the Equipment, goods, and licenses consistent with the Specifications. Where a brand name or equivalent specification is used in this
RFB, its use is to describe the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. Where an equivalent item to that specified is proposed, the Bid must be accompanied by full specifications and a narrative description of the nature of the item proposed as an “equivalent,” including form, fit, function, RF performance, software compatibility, and management interoperability with the County's designated network management systems. Any substitution for equivalent part numbers requires the prior written approval of Franklin County and may be accepted at the sole discretion of Franklin County. Requests for substitution must be included in the “Exceptions / Deviations” section of Exhibit 4.
3.10 AWARD. The Bid will be awarded to the Lowest Responsible Bidder meeting the
Specifications or providing acceptable deviation or equivalency. Franklin County reserves the right to award this Bid in whole or in part to a single Bidder or to multiple Bidders if deemed to be in Franklin
County's best interest. Franklin County reserves the right to reject any or all Bids deemed not to be in the best interest of Franklin County at the sole discretion of Franklin County. A Notice of Award will be issued by Franklin County to the successful Bidder. If two or more Bidders submit identical bids as to price, the decision of Franklin County to award a Contract to one of such Bidders shall be final. The Contract awarded shall be deemed executory to the extent of the monies appropriated and available for the purpose of the
Contract, and no liability on account thereof shall be incurred beyond the amount of such monies. The
Notice of Award, the Contract, and any Purchase Orders thereunder shall be the agreement between
Franklin County and the successful Bidder with respect to the matters dealt with herein, and such shall supersede all other oral and written Bids, representations, understandings, and agreements previously made or existing with respect to any such matter.
3.11 IRREGULARITIES. It shall be the responsibility of each Bidder to call to the attention of Franklin County any apparent discrepancy in the Specifications or any question of interpretation thereof.
Failure to do so constitutes acceptance as written. The apparent silence of the Specification as to any details, or the omission from it of a detailed description concerning any part, shall be interpreted as meaning that only the best commercial practices are to prevail and that only materials of first quality are to be used.
Franklin County shall have the right to waive any technical defect, qualification, omission, informality, or irregularity in any Bid received if, in its judgment, the best interest of Franklin County shall thereby be served. Franklin County reserves the right to revise or amend the Specification prior to the Bid opening date by Written Addenda. Franklin County will email Written Addenda to all potential Bidders who have downloaded the RFB from Franklin County's website and will include such Addenda in the RFB located on Franklin County's website.
3.12 EXPENSES PRIOR TO CONTRACT EXECUTION. Franklin County or its designees are not liable for any costs, charges, or expenses incurred by a Bidder in the preparation and production of a Bid or for any work performed prior to, or outside the scope of, an executed Contract.
3.13 ADVERTISING BID RESULTS. A Bidder in submitting a Bid agrees not to use the results therefrom as a part of any commercial advertising without the prior written approval of Franklin
County, in its sole discretion.
3.14 LEGAL REQUIREMENTS. Provisions, requirements, and clauses required by Law to be inserted in this RFB, including but not limited to those set forth in Exhibit 8 (General Conditions) and
Exhibit 9 (Federal Award Required Provisions), are hereby deemed incorporated and made a part of this
RFB and shall be read and enforced as though they were expressly included herein. Exhibit 9 sets forth the contract provisions required by 2 CFR Part 200, Appendix II for federally-funded procurements, including without limitation Equal Employment Opportunity, Rights to Inventions, Clean Air Act and Federal Water
Pollution Control Act, Debarment and Suspension certification, Byrd Anti-Lobbying Amendment, Procurement of Recovered Materials, Domestic Preferences, and Section 889 / 2 CFR §200.471. The Davis-
Bacon Act, Copeland Anti-Kickback Act, and Contract Work Hours and Safety Standards Act do not apply to this equipment supply contract. The Contract shall incorporate and expressly include the Procurement
Documents as if fully set forth therein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, in any subsequent Contract, the Contract shall be amended to make such insertion.
3.15 INDEMNIFICATION. The successful Bidder agrees to defend, indemnify, and hold harmless Franklin County and its officers, agents, and employees from and against any and all claims arising from or relating to the Equipment supplied or the Bidder's performance of this Bid or any Contract, including without limitation any claim of defect in the Equipment, any breach of the Section 889 certification in Section 3.8, and any infringement or alleged infringement by the Equipment of any U.S.
patent, copyright, trademark, or trade secret. Coverage afforded to additional insureds will be primary and non-contributory with any other insurance available to such additional insureds. Additional insured coverage for ongoing and completed operations shall be provided on ISO endorsement forms CG 20 10 and
CG 20 37. This insurance shall contain an endorsement waiving all rights of subrogation against ESD.
3.16 VENUES AND DISPUTES. The exclusive means of disposing of any dispute arising under a contract with Franklin County, which is not disposed of by mutual agreement, shall be decided in a New York State Court of competent jurisdiction located within Franklin County, New York, and the Laws of the State of New York shall apply without regard to provisions governing conflicts of law.
3.17 SHIPPING / DELIVERY. All Equipment shall be delivered F.O.B. Destination, freight prepaid and allowed, to the County's designated delivery point identified in Section 3.32 (Place of
Delivery). Title to, and risk of loss of, each item of Equipment shall pass to the County only upon delivery to and acceptance at that location.
3.18 TERM AND DELIVERY SCHEDULE. Unless otherwise specified in the Contract, all
Equipment shall be delivered within ninety (90) days following the date the Bidder receives an approved
Purchase Order from Franklin County. The Bidder shall identify in its Bid the manufacturer's current lead time for each line item and any anticipated allocation constraints. Deliveries will be deemed completed when they have been inspected and accepted under Section 3.34.
3.19 ASSIGNMENT OF AGREEMENT. Pursuant to the provisions of Section 109 of the
General Municipal Law, no Bidder to whom a Contract is granted or awarded shall assign, transfer, convey, subcontract, encumber, or otherwise dispose of all or part of said Contract, or of the right, title, and interest therein, including the right to receive monies due or to become due, or the power to execute the Contract, without the prior written consent of Franklin County in its sole discretion. Common-carrier freight, warehousing, and shipping are excepted from this restriction.
3.20 AUDIT. Franklin County, or its duly authorized agent, and (consistent with 2 CFR
§§200.336–200.337) the Comptroller General of the United States, the U.S. Department of the Treasury, and ESD, shall have access to and copies of the Bidder's records, including any books, computer tapes, disks or programs, or material pertaining to performance under the Contract, at no cost, to verify compliance with all contractual and federal-award conditions. Such access shall be granted at all reasonable times during the contract period and for three (3) years thereafter, and longer if any audit, litigation, or claim is in process.
3.21 WARRANTY. In providing goods pursuant to this Contract, the Vendor agrees to be bound by all warranties required by New York State law, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The Vendor shall pass through to the County, in the County's name and without diminution, the full benefit of each manufacturer's warranty for each item of Equipment delivered, including any extended warranties or maintenance entitlements purchased.
In addition to manufacturer warranties, the Vendor shall warrant all Equipment and licenses delivered under this Contract for a period of one (1) year from the date of County acceptance.
During this warranty period, the Vendor shall, at no additional cost to the County and at the
County's election, repair, replace, or refund the purchase price for any item that fails to conform to the Specifications or to industry standards, including all freight in both directions. Vendor shall provide details of the manufacturer's warranty for all Equipment included in its Bid, including duration, coverage, and any applicable conditions or exclusions.
3.22 VENDOR RESPONSIBILITY QUESTIONNAIRE. The Bidder shall complete a
Vendor Responsibility Questionnaire. The Vendor Responsibility Questionnaire can also be downloaded from Franklin County's website at https://www.franklincountyny.gov/business/purchasing_bids.php . The
Bidder shall also submit with its Bid a certification, signed by an authorized representative of the Bidder, that neither the Bidder nor any principal of the Bidder is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR Part 180 and Executive Orders 12549 and 12689. Franklin
County will independently verify each Bidder's status through SAM.gov prior to award. If so requested, the
Bidder shall furnish Franklin County a sworn and notarized financial statement.
3.23 AUTHORIZATION. The Bidder hereby certifies that the undersigned has full and complete authority to execute this Bid and agreement and bind the Bidder thereto and to the Contract if awarded.
3.24 DEBRIEFING. A debriefing is available to any Bidder that submitted a Bid in response to this RFB. A Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. Debriefing shall be requested in writing by the unsuccessful Bidder within fifteen (15) business days of Franklin County notifying the unsuccessful Bidders that another vendor was selected. Requests for debriefing shall be addressed to the Primary Point of Contact listed in this RFB.
3.25 STANDARD TERMS, CONDITIONS, AND MANDATORY CLAUSES. The
successful Bidder will be required to enter into a Contract with Franklin County that shall, among other things, include the Standard Terms, Conditions, and Mandatory Clauses as described in Exhibit 8, which is attached to this RFB. A form of the Contract to be signed after the successful Bidder receives the Notice of
Award is attached to this RFB as Exhibit 3, with such changes as required by Franklin County and/or its counsel. Franklin County will prepare the Contract in final form and will incorporate any necessary changes and additions before it shall be executed by the successful Bidder after a written Notice of Award and provided the insurance certificates are satisfactory to Franklin County and/or its counsel.
3.26 RECORD DISCLOSURE / CONFIDENTIALITY OF BIDDER'S PROPRIETARY
RECORDS. Bidders may preserve proprietary rights as to their confidential or business process information only in accordance with the procedures established under New York Public Officers Law § 89.
3.27 PRODUCT REFERENCES.
a. “Or Equal.” In all Specifications the words “or equal” are understood to apply where a copyright, brand name, trade name, catalog reference, or patented product is referenced. References to such specific product are intended as descriptive, not restrictive, unless otherwise stated. Comparable product will be considered if proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications, and test data. Franklin County's decision as to acceptance of the product as equal shall be final.
b. Discrepancies in References. In the event of a discrepancy between the model number referenced in the Specifications and the written description of the products therein which cannot be reconciled, the written description shall prevail.
3.28 RECYCLED OR RECOVERED MATERIALS. Consistent with 2 CFR §200.323 and the Laws of the State of New York, Vendors are encouraged to use recycled or recovered materials in the manufacture of packaging to the maximum extent practicable without jeopardizing the performance or intended end use of the Equipment, unless such use is precluded due to health, welfare, safety requirements, or specifications. Refurbished or remanufactured Equipment, components, or items shall not be accepted;
all Equipment delivered under this Contract shall be new, unused, and of current manufacture.
3.29 PRICING.
a. Using the “Price Form” (See Exhibit 4), the Bidder shall enter the manufacturer part number, country of origin, unit price, and extended total for each line item on the Bill of Materials (Exhibit 1), in the embedded worksheet titled “Unit Price Form.” The Bidder shall provide unit prices and extended totals in decimal format (up to four decimal places) for each item. In the event of a discrepancy between the unit price and the extended total, the unit price shall govern unless, in the sole judgment of Franklin County, the unit price is clearly erroneous.
b. Net Pricing. Unless otherwise required by the Specifications, prices shall be net, including transportation, customs, tariff, delivery, packaging, and other charges fully prepaid by the Vendor to the destination indicated in Section 3.32, subject to any cash discount.
c. “No Charge” Bid. When Bids are requested on a number of items as a group or Lot, a Bidder desiring to Bid “no charge” on an item in the grouping or Lot must clearly indicate such. Otherwise, the Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of
Franklin County.
d. Price Escalation / Most-Favored-Customer Pricing. The Vendor shall not increase any unit price quoted in its Bid for the duration of the Contract. If the Vendor offers a lower price for any of the
Equipment to any similarly situated purchaser during the contract term, the Vendor shall promptly notify the County in writing and reduce its pricing to the County to a matching or lower rate.
e. Surcharges. The Bidder shall identify in its Price Form all state and federal surcharges that would be assessed against the County and the current formula used to calculate each, and shall include such charges in its quoted prices. Any surcharge not identified at bid shall not be billable to the
County.
f. No Advance Payments. Consistent with 2 CFR §200.305, payments shall not be made in advance of delivery and acceptance. No down payment, deposit, or pre-shipment payment shall be required or paid unless the Vendor first delivers an irrevocable letter of credit from a financial institution acceptable to the County, in form and substance acceptable to the County Attorney, in an amount equal to one hundred percent (100%) of the requested advance.
g. Invoicing, Payment, and Retainage. The Vendor shall invoice the County only after delivery and acceptance of each shipment (or, in the case of licenses, after issuance and validation of license entitlements). Payment shall be made net sixty (60) days from receipt of an undisputed invoice, in accordance with the New York State Prompt Payment provisions applicable to municipal corporations. The County shall withhold ten percent (10%) retainage from each invoice; retainage shall be released upon (i) delivery and County acceptance of all line items on the Bill of Materials,
(ii) issuance and County validation of all licenses, and (iii) Vendor's delivery of close-out documentation under Section 3.36.
3.30 N/A
3.31 DRAWINGS AND SPECIFICATIONS. When the Specifications attached to this RFB as Exhibit 2 require the Bidder to furnish drawings, plans, or specification sheets, such drawings shall conform to the mandates of the Procurement Documents and shall, when approved by Franklin County, be considered a part of the Bid and of any resulting Contract.
3.32 PLACE OF DELIVERY. All Equipment shall be delivered F.O.B. Destination, freight prepaid and allowed, to:
Franklin County Highway Department
14981 State Route 30 North, Malone, NY 12953
Attention: Edward Adams, Highway Superintendent
Phone: (518) 483-1140
Email: Edward.Adams@franklincountyny.gov
The Vendor shall provide not less than seventy-two (72) hours' advance notice of each scheduled delivery and shall coordinate delivery windows with the Highway Department. The Vendor shall arrange for a truck and any lift equipment as required to enable safe unloading. The County will not provide cranes or specialized handling equipment.
3.33 PACKAGING, DOCUMENTATION, AND COUNTRY OF ORIGIN. Equipment shall be packaged in original manufacturer packaging suitable for outdoor staging and re-handling, with packing lists keyed to the Bill of Materials line items. The Vendor shall provide, with each delivery, manufacturer data sheets, the manufacturer's certificate of conformity, country-of-origin documentation, and (for radios and licensed equipment) FCC identifiers and license entitlements.
3.34 INSPECTION AND ACCEPTANCE. The County (and/or its designated Construction
Manager, Airosmith Development, and designated ISP, Hudson Valley Wireless) shall have thirty (30) days from the date of each delivery to inspect the Equipment, verify counts and serial numbers against the packing list and the Bill of Materials, verify country-of-origin documentation, and identify any visible damage, latent defect, shortage, mis-shipment, or non-conformance. Acceptance of a delivery shall not waive any of the County's rights with respect to defects or non-conformance discovered later, including during installation, turn-up, or warranty inspection.
3.35 NON-CONFORMING EQUIPMENT AND RETURNS. If the County rejects any item as non-conforming, damaged, or short-shipped, the Vendor shall, within five (5) business days of written notice, issue a Return Material Authorization (RMA) and arrange for return of the non-conforming item at the Vendor's sole expense (including freight in both directions). The Vendor shall replace the non-conforming item or refund the purchase price for that line item, at the County's election, within fifteen (15) business days following the County's written notice.
3.36 LICENSE DELIVERY AND ASSIGNMENT. All software, subscription, and management licenses included in the Bill of Materials shall be issued in the County's name (or, where the
OEM does not permit naming a government entity directly, in the name of the County's designated ISP, Hudson Valley Wireless, with the County retaining all beneficial rights and ownership). Each license shall be delivered with (i) the license-key entitlement, (ii) a written certificate of entitlement identifying the term, scope, named device(s), and any maintenance or support included, and (iii) the manufacturer's contact for license-portal access. Where the manufacturer permits, all licenses shall be assignable and portable across replacement hardware within the same site at no additional cost.
3.37 SUBCONTRACTS. Given the supply-only scope of this RFB, the use of subcontractors is generally limited to common-carrier freight, warehousing, and shipping. If the Vendor proposes to use any subcontractor for any portion of the work other than transportation, the Vendor shall identify the mailto:Edward.Adams@franklincountyny.gov subcontractor in its Bid, describe the scope of the subcontracted work, and provide proof that the subcontractor satisfies the federal flow-down requirements in Exhibit 9 and the Section 889 certification in
Section 3.8.
4. SCOPE OF SUPPLY
This Request for Bids (RFB) is for (i) the sale and delivery of Tarana fixed wireless equipment, microwave radio equipment, antennas, mounting and ancillary accessories, and all associated software, subscription, and management licenses, and (ii) the FCC Part 101 path coordination, license-application, license-grant, and related regulatory services required to authorize operation of the microwave paths, in each case as required to equip four (4) Communications-Structure System monopole sites in northern Franklin County and one (1) Water Tank site (Fort Covington Water Tank), as further detailed in Exhibit 2 (Drawings and
Specifications) and Exhibit 2-A (Aviat Path Engineering Reference). The intent of this RFB is the timely delivery of complete, new, and warrantied Equipment, F.O.B. Destination, to the County's designated delivery point, together with the granted FCC microwave licenses in the County's name (or, where required by FCC rule, in the name of the County's designated ISP, with the County retaining all beneficial rights and ownership). The Vendor is not responsible for installation, integration, mounting, alignment, turn-up, testing, programming, or commissioning of the Equipment at any site; those services are procured separately.
PROJECT SITES SERVED BY THE EQUIPMENT
The Equipment supplied under this RFB will be deployed at the following five (5) sites (four (4) Musco monopole sites and one (1) Water Tank site). Site coordinates and engineered configurations are provided in the Site Design Package included as Exhibit 2, together with the Aviat Path Engineering Reference included as Exhibit 2-A.
A. Burns-Holden. 476 Burns-Holden Road, Fort Covington, NY 12937 (Town of Fort Covington).
B. Trout River. 1227–1021 County Highway 20, Constable, NY 12926 (Town of Constable).
C. Stebbins. 26 Stebbins Road, Constable, NY 12926 (Town of Constable).
D. Little Briggs. 123 Little Briggs Street, Constable, NY 12926 (Town of Westville).
E. Fort Covington Water Tank. Water Street, Fort Covington, NY 12937
CATEGORIES OF EQUIPMENT
Without limitation, the Equipment is grouped into the categories below. Detailed quantities, manufacturer part numbers, license types and terms, and per-site allocations are set forth in Exhibit 1 (Bill of Materials).
A. Tarana Fixed Wireless Equipment
• Tarana G1 / G2 Multiband Base Nodes (BN), including sector enclosures and integrated antennas as specified per site;
• Tarana Remote Nodes (RN) — outdoor variants for fixed CPE deployment;
• Tarana power-over-Ethernet injectors, surge protectors, and OEM power supplies;
• Tarana-approved sector mounting brackets, downtilt kits, and pole-mount hardware;
• Tarana cabling adapters, OEM grounding kits, and weatherproofing kits; and
• Tarana software, subscription, and management licenses (TaranaCloud or successor management platform, per-Base-Node and per-Remote-Node subscriptions, feature licenses, and any required maintenance/support entitlements), with the term, scope, and assignability set forth in Exhibit 1.
B. Microwave Backhaul Equipment
• Licensed microwave radio terminals (e.g., Aviat WTM 4800-series multiband (11 GHz primary
/ 80 GHz secondary) or specified equivalent demonstrating equal multiband performance), full-outdoor per site design and per the Aviat Path Engineering Reference (Exhibit 2-A);
• Microwave parabolic antennas sized per Exhibit 2-A (typically 2 ft / 0.6 m on the four main backbone paths and 1 ft / 0.3 m on the short-haul Trout River–Stebbins path); single-polarization (vertical) antennas are sufficient unless dual-polarization or XPIC is expressly required for a given path by Exhibit 2 or Exhibit 2-A; radomes, mounting hardware, sway struts, and interconnect cables;
• Surge protection units, RF jumpers, OEM grounding kits, and weatherproofing kits; and
• Microwave capacity, feature, and management licenses (e.g., capacity upgrades, XPIC, multiband/dual-carrier, header compression, network-management entitlements such as Aviat or specified equivalent), with the term, scope, and assignability set forth in Exhibit 1.
FCC Part 101 path coordination, license filings, and FCC fees are within the scope of this RFB and are addressed in Section 4(D) below and in Exhibit 1 §E (Bill of Materials).
C. Accessories, Consumables, and Documentation
• Ground bar, lugs, and terminations consistent with NEC, NESC, and Motorola R56 (or equivalent) practice;
• Weatherproofing tape, butyl mastic, and connector covers per OEM specification; and
• Manufacturer data sheets, manuals, and configuration guides (electronic PDF) for every model delivered.
D. FCC Licensing Services
The Vendor shall furnish complete FCC Part 101 frequency coordination, license-application, and license-grant services for each microwave path identified in the Site Design Package (Exhibit 2), in the County's name (or, where required by FCC rule, in the name of the County's designated ISP, Hudson Valley Wireless, with the County retaining all beneficial rights and ownership). Without limitation, the Vendor shall:
• Perform FCC Part 101 prior frequency coordination for each microwave path through a coordinator currently recognized by the FCC for Part 101 coordination, in accordance with 47
CFR §101.103(d), including issuance of Coordination Notices to all potentially affected licensees, management of the 30-day clearance period, and resolution of any objections through path-design or channel-plan adjustments;
• Conduct an expedited frequency-coordination review with a target turnaround not to exceed two (2) weeks from receipt of the Vendor’s Notice to Proceed, exclusive of the 30-day clearance period required by 47 CFR §101.103(d);
• Conduct a path engineering review of the path designs provided by Airosmith Development
(Exhibit 2) and the Aviat Path Engineering Reference (Exhibit 2-A), confirm channel-plan compatibility with the proposed equipment, and identify any required mitigation (e.g., antenna size, polarization, or frequency adjustments) before filing;
• Prepare and file with the FCC, in the County's (or HVW's) name, FCC Form 601 and any related Schedules, exhibits, and supporting filings required for the grant of new microwave site and path authorizations under Part 101, including any associated FCC Universal Licensing
System (ULS) submissions;
• FCC §1.1307 environmental processing and NEPA / NHPA Section 106 has been completed by the county documentation can be provided upon request;
• Pay to the FCC all application fees, regulatory fees, and new-site fees required for issuance of each license, billed to the County on a pass-through basis at the FCC's then-current rates without markup, supported by copies of all FCC fee submissions and receipts as required for federal-award audit documentation;
• Receive and validate each FCC license grant, and deliver the grant documents (FCC license, call sign, frequencies, authorized parameters, and effective dates) to the County in electronic form (PDF) within five (5) business days of receipt from the FCC; and
• Provide, at no additional cost, one (1) round of post-grant license amendments or corrections per path to the extent any such amendment is driven by Vendor or coordinator error in the original application.
The Vendor shall identify in its Bid the frequency coordinator it will use (whether in-house or a named third party such as Comsearch, Micronet, or equivalent) and shall include with its Bid evidence that the coordinator is currently recognized by the FCC for Part 101 prior coordination. FCC pass-through fees shall be itemized separately on the Price Form and paid separately by Franklin County; the County shall pay actual FCC fees as documented, without markup.
STANDARDS CONFORMANCE
All Equipment shall be new, unused, and of current manufacture, shall bear original manufacturer identification, and shall be UL-listed or equivalently certified where listing is applicable. All Equipment and accessories shall conform to applicable standards of NEMA, ANSI/TIA, BICSI, FCC, NEC, and NESC, and shall comply with FCC rules and regulations. Refurbished, remanufactured, or used Equipment shall not be offered.
OWNER-FURNISHED ITEMS AND ITEMS NOT IN SCOPE
The following items are procured or performed by the County or its other contractors and are expressly excluded from the Vendor's scope and price:
• The Musco Communications-Structure System™ monopoles and foundations (Owner-
Furnished Materials);
• Installation, integration, mounting, alignment, turn-up, testing, programming, and commissioning of the Equipment;
• Site civil work, grounding-system installation, electrical service application, utility meters, and permanent power activation;
• Tower-siting environmental review and historic-preservation review for the Musco monopoles themselves (procured separately by the County; the Vendor remains responsible for any FCC
§1.1307 / NEPA / NHPA processing required for the FCC license application under Section
4(D)); and
• Spectrum management and network operations.
E. UNIT PRICING, BID TOTAL ROLL-UP, AND SUBSCRIBER EQUIPMENT
This Section 4(E) establishes the bid pricing structure required for award evaluation and federal-award documentation, separates funding-eligible capital items from items that may be ineligible under the
Treasury Capital Projects Fund, and provides for incremental procurement of subscriber-side equipment at unit prices held open under Section 3.5 (Bid Life). Nothing in this Section 4(E) shall be construed to relieve the Bidder of the obligation to provide complete unit and extended pricing on the Price Form (Exhibit 4) for every line item on the Bill of Materials (Exhibit 1).
(1) Unit Pricing and Bid Total Roll-Up.
The Vendor shall provide unit pricing on the Price Form (Exhibit 4) and in the embedded Unit Price Form for every line item set forth on the Bill of Materials (Exhibit 1). For each line item, the Vendor shall provide:
• Manufacturer name and current manufacturer part number;
• Unit of measure and total quantity required across the five (5) deployment locations identified in Section 4;
• Per-site allocation across each of the five (5) deployment locations;
• Unit price in U.S. dollars, expressed to four (4) decimal places where applicable;
• Extended price (unit price multiplied by total quantity); and
(3) Subscriber Equipment (Tarana Remote Nodes) — Incremental Purchases.
Beyond the Remote Node (RN) quantities established for the initial deployment in the Bill of Materials
(Exhibit 1), the County (or the County’s designated ISP, Hudson Valley Wireless) anticipates incremental subscriber-side Remote Node procurements as the network’s customer base is activated. To support those procurements at predictable pricing and on the same authorized-distributor terms as this Contract, the
Vendor shall:
• Quote a firm unit price on the Price Form (Exhibit 4) for each subscriber-side Remote Node
SKU offered, including the standard outdoor Remote Node, any specified mounting kit, the
OEM PoE injector and surge protector, and any per-Remote-Node management or activation entitlement required to bring the Remote Node into service, in each case identified as a separately orderable item with its own manufacturer part number and country of origin;
• Hold the quoted subscriber-side Remote Node unit prices firm and open for additional purchases by the County or the County’s designated ISP through the period required by Section
3.5 (Bid Life — the longer of twelve (12) months from award or through June 30, 2027), at the
Bidder’s authorized-distributor pricing for the OEM line offered;
• Accept incremental subscriber-side Remote Node purchase orders in quantities as small as one
(1) unit, with delivery F.O.B. Destination to the County’s designated delivery point on the
Vendor’s then-current manufacturer lead time for the SKU ordered, and without minimum-order fees, expedite surcharges, restocking charges, or other accessorial charges not disclosed in the original Bid;
• Classify each subscriber-side Remote Node line item as CapEx under paragraph (2) above and identify on each invoice the federal-award eligibility classification, so that the County may charge subscriber-side Remote Node purchases to the federal award where eligible (e.g., during the period of performance and within the federal-award location footprint) and to non-federal sources where the federal-award period of performance has expired or where the location served is otherwise outside the federal-award footprint; and
• Pass through to the County, in the County’s name and without diminution, the full benefit of the manufacturer’s warranty and any bundled per-device licenses for each subscriber-side
Remote Node delivered, on the same terms as the initial-deployment Remote Nodes under
Section 3.21 (Warranty) and Section 3.36 (License Delivery and Assignment).
Incremental subscriber-side Remote Node purchase orders issued by the County (or by Hudson Valley
Wireless on the County’s behalf) within the Section 3.5 Bid Life period shall be subject to the same Net 60 invoicing, inspection, acceptance, license-delivery, and warranty terms as the initial-deployment order, except that the County may, at its sole option, elect to waive the ten percent (10%) retainage required by
Section 3.29(g) for any incremental purchase order if the County determines that the close-out documentation required by Section 3.36 is not implicated by that incremental purchase. The Vendor’s obligations under this paragraph (3) shall not be construed to create a minimum-purchase commitment by the County, and the County’s election not to issue any incremental purchase order shall not constitute a default, breach, or change in scope under this Contract.
5. PROCUREMENT SPECIFIC REQUIREMENTS
A. AUTHORIZED DISTRIBUTOR / RESELLER STATUS (THRESHOLD
RESPONSIBILITY REQUIREMENT)
As a threshold responsibility requirement, the Bidder shall, at the time of bid submission, hold current authorized-distributor or authorized-reseller status with each OEM for the Equipment it proposes to supply, including without limitation Tarana Wireless, Inc. for the Tarana Equipment and the named OEM
(e.g., Aviat Networks, Inc.) for the Microwave Equipment. The Bidder shall include with its Bid a current manufacturer letter, channel-partner certificate, or comparable documentation evidencing such authorization. Bids submitted by entities that are not currently authorized for the relevant OEM line shall be rejected as non-responsive.
B. TIME TO DELIVER
Vendors are required to provide a firm delivery schedule, identifying the manufacturer's current lead time for each line item and any anticipated allocation constraints. The County's required date for delivery of all
Equipment in the Bill of Materials is not later than September 1, 2026, the date slated for the commencement of the Musco pole installations.
C. PRICING
Pricing shall be submitted on the Price Form attached as Exhibit 4. See Section 3.29 (Pricing) for unit-price, net-pricing, no-charge, advance-payment, invoicing, and retainage requirements applicable to this RFB.
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