6837 Z1 Addendum Two - QA.pdf

ADDENDUM TWO

QUESTIONS and ANSWERS

Date: December 7, 2023

To: All Bidders

From: Dianna Gilliland/Kelly Thomas, Procurement Contract Officers

AS Materiel State Purchasing Bureau (SPB)

RE: Addendum for Request for Proposal Number 6837 Z1 to be opened January 3, 2024, at 2:00 P.M. Central Time

Questions and Answers

Following are the questions submitted and answers provided for the above-mentioned Request for Proposal. The questions and answers are to be considered as part of the Request for Proposal. It is the Bidder’s responsibility to check the State Purchasing Bureau website for all addenda or amendments.

Questio n

Number

RFP

Section

Reference

RFP

Page

Number

Question State Response

1. Appendix C Can you confirm the address listed in Appendix C for site 9?

I don’t see a street address listed, and am unable to pull Lat/Long coordinates.

Ministerial errors for the location of sites 7 & 8 have been corrected, site 9 has been removed. Refer to Appendix C – Revised.

2. Section II(F) 11 The third paragraph of Section II(F) of the Request for Proposal for Contractual Services document, titled “Project Requirements” states, “The contractors may submit with their technical proposal any E-Rate, tax exemption, USF affidavit, user agreement, service level agreement, or similar documents that the contractor wants incorporated into the Contract.”

Will the Nebraska consider including a contractor’s Acceptable Use Policy, Privacy Policy, and/or Service Level Agreement?

The identified language was a ministerial error.

RFP Section V.II., paragraph 3, Sentence 1 is hereby deleted and replaced with the following:

The contractors may submit with their technical proposal any E-Rate, tax exemption, USF affidavit, or similar documents that the contractor wants incorporated into the Contract.

3. Section I (C) 5 Given the scope of the RFP, and number of service locations, as well as the intervening holiday and New Year’s season, will Nebraska extend the due date for bids by one month?

No.

4. Section III(O) 22 The second paragraph of Section III(O) of the Master Agreement Revision #5, titled “Ownership of Information and Data/Deliverables” states, “The State shall own and hold exclusive title to any

Yes.

deliverable developed as a result of this contract. Contractor shall have no ownership interest or title, and shall not patent, license, or copyright, duplicate, transfer, sell, or exchange, the design, specifications, concept, or deliverable.”

In the ordinary course of business for any of our customers, we use the same technologies, equipment, designs, specifications, and concepts to deliver our services as we will for Nebraska.

Please confirm that the intent of this section from the Master Agreement is to only address the scenario in which contractor is asked to create unique and custom deliverables that are developed specifically for Nebraska pursuant to a custom statement of work, and it does not apply to technology, equipment, designs, specifications and concepts used by contractor in the ordinary course of its business for any customer.

5. Section III(I) 20 In Master Agreement Revision #5, the seventh paragraph of Section III(I) titled “Independent Contractor/Obligations” states, “If the Contractor intends to utilize any subcontractor, the subcontractor's level of effort, tasks, and time allocation should be clearly defined in the bidder’s proposal. The Contractor shall agree that it will not utilize any subcontractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State.”

There is a similar provision in the Request for Proposal for Contractual Services document at the end of Section II(L)(2) (titled “Contractor”). Do the references to subcontractors in these provisions refer to any subcontractors that contractor may use (such as subcontractors for trenching, boring, etc.), or does it only apply to subcontractors who are engaged to perform a portion of the telecom service itself (i.e., last mile providers/Type II providers)?

Any subcontractor used by the contractor to provide service under the contract.

This addendum will become part of the Request for Proposal and should be acknowledged with the Request for Proposal response.