Attachment A, Statement of Work.pdf

Contract No. DMS-24/25-264 Page 1 of 94

ATTACHMENT A

STATEMENT OF WORK

1. PURPOSE

To provide Customers with Telecommunication Infrastructure Project Services on a regional basis, pursuant to the terms set forth in this Statement of Work.

2. DEFINITIONS

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001 and Chapter 60FF-1 Florida Administrative Code (F.A.C.); and Attachment E, PUR 1000, General Contract Conditions; are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Statement of Work. All definitions apply in both their singular and plural sense.

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location.

Communication Service Authorization and Billing System (CSAB) – The State of Florida’s accounting system for ordering SUNCOM Services, billing Customers for SUNCOM Services, and the associated electronic repository data that is available to Customers through the website http://SUNCOM.myflorida.com.

Contract – A binding agreement that results from this competitive procurement, if any, between the Department and the Respondent.

Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, ensure that performance expectations are met, and serve as the primary point of contact for the Contractor.

Contractor – A Vendor that enters into a Contract with the Department pursuant to this solicitation.

Contractor Project Manager – The employee of the Contractor who is assigned to manage Projects and MACs within a specific Region.

Corrective Action Plan (CAP) – is a contractor created, Department approved plan outlining the Contractor’s plan to address any identified deficiencies.

Customer – An entity that is a qualified eligible user of SUNCOM service and has accepted access to the CSAB System. Eligible users include state agencies, political subdivisions of the state, municipalities, public schools and districts, private, nonprofit elementary and secondary schools (provided they do not have an endowment in excess of $50 million), state universities, community colleges, libraries, water management districts, state commissions and councils, and nonprofit corporations.

Department – The Department of Management Services (DMS), a state agency.

Division – A collection of Telecommunication Infrastructure Project Services described in this Statement of Work and Attachment C, Pricing Workbook.

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Division of Telecommunications (DivTel) – The DMS Division responsible for technology, contract and project management.

End-of-Life – The date identified by the original equipment Manufacturer that a product or service will no longer be supported.

E-Rate Category Two – Internal connections needed to bring broadband into, and provide it throughout, schools and libraries. These are broadband connections used for educational purposes within, between, or among instructional buildings that comprise a school campus or library branch.

E-Rate Customer – Customers who are eligible for the E-Rate Program, utilizing E-Rate funding for eligible purchases from the awarded Division One and Division Two services Contract resulting from this RFP.

E-Rate Program – Common name for the universal service support program for schools and libraries that provides funding to schools and libraries for eligible products and services as established by the Telecommunications Act of 1996. This program is administered by the Schools and Libraries Division (SLD) of the Universal Services Administrative Company (USAC) under the jurisdiction of the Federal Communications Commission (FCC).

General Contractor – The employee of the Contractor who is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project.

Identifier – A unique number that is assigned to a Project.

Manufacturer – The producer or provider of Telecommunication Infrastructure Project Services which possess the minimum quality, reliability, service, and value required by the Department and Customers’ Statement of Work. May be used interchangeably with Brand Name.

Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, catalog price, distributor price, published price, or other usual or customary price that would be paid by the purchaser for specific equipment. It shall be formally published by the Manufacturer, publicly listed and available, and verifiable by the Department.

Manufacturer’s Suggested Retail Price (MSRP) List – The Manufacturer’s Suggested Retail Price List, a collection of MSRPs and related information broken down by specific equipment.

Mini-Bid – The process where E-Rate Customers determine the cost effectiveness of qualified bidders by conducting evaluations.

Moves, Adds and Changes (MAC) – Any work initiated by the Customer which that is less than $60,000 in cost, initiated by the Customer, that uses the Contract to procure services at the time of the quote or Mini-Bid.

Product Manager – The DMS, DivTel, or Bureau of Engineering employee who oversees and coordinates all services ordered by Customers.

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Project – Any work that exceeds $60,000 in cost, initiated by the Customer, that uses the Contract to procure services at the time of the quote or Mini-Bid.

Project Contact – The employee of the Customer who is the point of contact for a Project or a MAC with the authority to make decisions regarding the Project or MAC.

Proposal – A formal response to a Request for Proposals (RFP).

Region – Service area comprised of specific Florida counties, as defined in Attachment M, Region Map.

State – The State of Florida

Subcontract – An agreement entered into by the Contractor with any other entity, organization, or person who agrees to perform any obligation for the Contractor specifically related to securing or fulfilling the Contractor’s obligations to DMS under the terms of the Contract.

Subcontractor – An organization or entity that has a Subcontract with a Contractor.

SUNCOM – The State of Florida’s system developed to provide communication services to state agencies, political subdivisions of the state, municipalities, and nonprofit corporations in accordance with sections 282.701-282.711, Florida Statutes. Services include voice, data, video, images, and radio communications.

Vendor – An entity that is capable and in the business of providing the commodities or services within the scope of the solicitation.

3. SCOPE OF WORK

3.1 Applicability

All provisions of the Statement of Work (SOW) apply to both Division One and Division Two services and, unless otherwise stated, apply to both Projects and Moves, Adds and Changes (MACs). Scope of Work section 3 is only applicable to Contractors providing E- Rate eligible services and equipment.

Division One Division Two Service Cabling Distribution System E-Rate Category Two Eligible

Services and Equipment Service is E-Rate eligible No Yes

Customers All Customers (E-Rate eligible and Non E-Rate eligible)

E-Rate eligible customers

Contractors All Contractors Contractors registered and compliant with the USAC E- Rate program (E-Rate Contractors)

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3.2 Description of Scope

The Contractor shall provide Telecommunication Infrastructure Project Services and other commodities regionally as set forth in this Contract. The Contractor shall ensure it can perform and provide infrastructure cabling, equipment components, and design of telecommunications infrastructure systems, along with total Project and MAC management services.

The Contractor shall comply with any and all requirements set forth in Florida Statutes, the current National Electrical Codes, current Telecommunications Industry Association (TIA) standards, and Building Industry Consulting Service International (BICSI) standards.

The Contractor shall provide:

Design and installation of structured cabling infrastructure systems;

Installation of low voltage cabling for telephones, computers, audio, and visual technologies, including all equipment and services necessary for installation of cabling;

Installation of low voltage cabling equipment, including all equipment necessary for the installation. Low voltage cabling equipment includes, but is not limited to: racks, cabinets, conduits, and wire management;

Installation of 20amp /120V dedicated electrical outlet.

Repairs to cabling systems and telecommunication infrastructure equipment; and Moving information technology systems.

Other Commodities or Services as requested by the Department within the scope of this Contract.

The Contractor will be responsible for all aspects of the services provided. The Contractor shall complete all projects no later than the expiration date of the Contract or, where applicable, the expiration dates of any purchase orders issued off the Contract.

3.3 Contract Divisions of Work

The Cabling Distribution System and E-Rate Category Two Equipment; and other commodities and services available through this Contract shall be classified under two Divisions of work:

Division One – Cabling Distribution System. Contracts that include this Division will provide labor, materials, tools, services, and equipment for cable distribution systems for analog, digital, and VoIP telephony, audio, video, and networking data. Cabling distribution systems include E-Rate Category Two eligible cabling services. The Division One Contractors will provide cabling distribution systems for new building construction, building renovations, inter-building, intra-building, outside plant, and MACs to existing systems. All Customers, E-Rate and non-E-Rate eligible may purchase from this Division. Both E-Rate Contractors and non-E-Rate Contractors are authorized to supply Division One services and equipment. Contracts for these services will have all-inclusive prices including all installation and material costs as determined by Attachment C, Pricing Workbook.

Division Two – E-Rate Category Two. Contracts that include this Division will be limited to providing labor, tools, materials, and equipment, and services described in the E-Rate Category Two Equipment and Services section of this SOW subsection 5.5. These equipment and services are designated by the FCC as eligible under the E-Rate program Category Two, Internal Connections, and include the provision of cabling necessary to fulfill Customer orders for E-Rate Category Two eligible equipment contemplated herein.

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Only E-Rate Contractors will be eligible for Division Two Contracts under this procurement. Only E-Rate customers may purchase from this Division. Contracts for these services will have separate labor and equipment costs as determined by Attachment C, Pricing Workbook.

3.4 State of Florida Regions

For purposes of this Contract, the State will be divided into the following Regions:

Region 1 Escambia, Okaloosa, Santa Rosa Region 2 Bay, Franklin, Gulf, Holmes, Walton, Washington Region 3 Calhoun, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison, Taylor, Wakulla Region 4 Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy, Marion, Putnam, Suwanee, Union Region 5 Baker, Clay, Duval, Flagler, Nassau, St. Johns Region 6 DeSoto, Hardee, Hernando, Highlands, Hillsborough, Manatee, Pasco, Pinellas, Polk, Sarasota Region 7 Brevard, Lake, Orange, Osceola, Seminole, Sumter, Volusia Region 8 Charlotte, Collier, Glades, Hendry, Lee Region 9 Indian River, Martin, Okeechobee, Palm Beach, St. Lucie Region 10 Broward, Miami-Dade, Monroe

A map of the service regions is set forth in Attachment M, Region Map.

4. GENERAL REQUIREMENTS

4.2 Cooperation with Other Contractors

The Contractor must not commit or permit any act which will interfere with the performance of work by any other Contractor or Department employees.

4.1 Cooperation with General Contractors and Project Contacts

The Contractor shall coordinate installation and construction sequences with the General Contractor when a General Contractor is in charge of site construction and with the Project Contact when the Project Contact is in charge of construction improvements.

4.2 Work Coordination

The commencement dates for services shall be determined solely at the discretion of the Customer. Such start dates shall be documented and maintained within the CSAB system by DivTel. Contractor shall not initiate any on-site work, until such approval has been received and documented in the CSAB system.

The Contractor shall seek to prevent disruption of the Customer’s day-to-day operations at the site while performing work pursuant to this Contract. When disruptions to the Customer’s day-to-day operations are necessary to perform the services requested, the Contractor shall coordinate with the Project Contact in advance and obtain written approval from the Project Contact. The Contractor shall provide an electronic copy of the Project Contact’s approval to disrupt the Customer’s day-to-day operations to the DMS Product Manager for the Project file.

Upon request, the Project Contact will provide the Contractor with the available information for the facility, such as construction or as-built drawings, equipment installation, and

Contract No. DMS-24/25-264 Page 6 of 94 aboveground/underground utilities details. On projects where this information is not available, the Contractor will provide surveys that are included as part of the services of this Contract, at no additional cost. Where hazardous materials are detected during the surveys or during construction, the Contractor shall stop work and notify the DMS Product Manager and the Project Contact of the hazardous conditions immediately for determination and disposition of the issue.

The Contractor shall be responsible for coordinating activities with other vendors as needed for the successful implementation of the system. Contractor will continue such coordination throughout the Project or MAC, including pre-planning, planning, integration, general construction, finishing construction, as well as all other construction timeline items.

Neither the Department nor the Customer will be liable for any additional costs that result from the Contractor’s failure to meet specified deadlines in a request for quote (or Mini- Bid for E-Rate customers) or the Contractor’s failure to properly coordinate with other trades and vendors.

4.3 Contractor is Responsible for Contractor Materials

A storage facility will not be provided to the Contractor for the storage of installation materials. The Contractor shall be responsible for all materials brought onto any job site.

Theft, misplacement, or loss of any materials shall be the Contractor’s responsibility.

Claims associated with such losses shall be processed against the Contractor’s identified insurance policies or other means.

4.4 Subcontracting

The Contractor shall be fully responsible for all work performed under the Contract.

Should the Contractor need to Subcontract out any services, the Contractor shall submit a written request to the Department’s Contract Manager identified in the Contract. No Subcontractor may be utilized until the Department provides the Contractor with approval in writing. The Contractor may not use another Contractor on Contract No. DMS-24/25-264 as a subcontractor. The Department reserves the right to revoke or deny the use any subcontractor at any time for any reason as determined by the Department’s sole discretion.

The written request shall include, but is not limited to, the following:

a) The name, address and other information identifying the Subcontractor.

b) Component and type of services to be performed by the Subcontractor.

c) Time of performance of the identified service.

d) How the Contractor plans to monitor the Subcontractor’s performance of the identified services.

e) Certification that the Subcontractor has all licenses and has satisfied all legal requirements to provide the services to the Department. Also, Contractor shall certify that the Subcontractor is approved by the Florida Department of State to transact business in the State of Florida.

f) A copy of the written subcontract agreement.

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g) Acknowledgement from the Subcontractor of the Contractor’s contractual obligation to the Department and that Subcontractor agrees to comply with all terms and conditions of the Proposal and resulting Contract.

h) The Contractor acknowledges that it shall be not released of its contractual obligation to the Department as a result of any Subcontract.

i) All requirements shall be adhered to as contained in PUR 1000 and Contract regarding compliance with subcontractors.

j) The Department and the Customer reserve the right to contact the Subcontractor directly at their discretion.

4.5 Staffing Requirements and Responsibilities

The Contractor shall provide sufficient, qualified personnel to oversee and carry out the services of the Contract. The term “Contractor staff” includes all staff employed by the Contractor, by its Subcontractors relevant to the Contract, and agents. The staffing requirements and responsibilities include the following:

a) The Contractor staff responsibilities include conducting all components of the

Contract in a timely, efficient, productive, consistent, courteous and professional manner as representatives of the State.

b) The Contractor staff shall devote the time and resources necessary to successfully manage the State of Florida account, including being available for telephonic, email, and on-site consultations.

c) The Contractor shall provide orientation and training on all components of the

Contract to all Contractor staff listed on Form 4 – Contact Worksheet which is included in Attachment L, Required Documents for Respondents prior to their commencement of work on any component of the Contract. Documentation of this training shall be provided to DMS upon request. If the Contractor is put on a CAP at any time during the life of the contract, the Contractor shall retrain all staff within thirty (30) days and provide documentation of compliance to the Contract Manager for the Department within 5 days of completion.

d) DMS will have the right to require the replacement of any Contractor staff and

Contractor will remove such staff within five (5) calendar days or earlier upon DMS’s notice to Contractor.

e) As reflected in the customer SOW and the Contractor Quote (Quote) the

Contractor must provide a sufficient number of Contractor Staff to perform the projected workload for the start of the Contract and shall be scalable and flexible so it can be adapted as needed. Absent circumstances outside of the Contractor’s control as determined by the Department, failure to complete a project within the timeframes specified in the SOW and Quote is prima facia evidence that the number of staff was insufficient.

f) The Contractor shall have a minimum of one (1) employee with the BICSI

Registered Communications Distribution Designer (RCDD) certification on staff for the term of the Contract. This requirement will be met if the Subcontractor has an

Contract No. DMS-24/25-264 Page 8 of 94 employee with the RCDD certification. The RCDD employee shall be made available as needed for Projects requiring an RCDD. If the employee with the RCDD certification identified in the Contractor’s Proposal is no longer affiliated with the Contractor, a copy of the RCDD Certification for another employee shall be provided to DMS within fourteen (14) calendar days of the change.

4.6 Invoices

The Contractor shall submit invoices to DMS in accordance with the timeline stated in SOW section 9, Service Level Agreements. The Contractor shall submit invoices electronically to the Contract Manager in the CSAB, preferably in PDF format or an acceptable Word document. The invoice must be accompanied by sufficient detail to appropriately document the services delivered, in accordance with all Florida Statutes.

The Contract Manager, at their discretion, may request documents to support line item charges in any and all invoices. Invoices which do not include required supporting documentation, or which are not submitted in accordance with instructions, may be returned to the vendor and may delay payment. Under no circumstances shall the contractor bill more than actual costs for cost reimbursement expenses.

Pursuant to Section 215.422, Florida Statutes, the State shall make payment only upon receipt of a proper invoice. An invoice shall be considered proper only when it includes all documentation and information required by this Agreement or requested by the Department, including but not limited to receipts, progress reports, timesheets, or any other materials specified herein. Failure to submit such documentation shall constitute an improper invoice, and the State reserves the right to reject or return the invoice without payment until all required materials are received. The time period for payment under the Florida Prompt Payment Act shall begin only upon receipt of a proper invoice.

The following requirements apply to all invoices submitted for payment.

a) An invoice submitted to DMS for payment must be a legible copy.

b) Invoices for commodities must clearly reflect a description of the item or items, number of units and cost per unit. Numerical code descriptions alone (i.e. part number instead of actual part name) will not be accepted. The itemization of the bill should reflect the CSAB quote.

c) The invoice must include the date the invoice was issued. The period of performance must be listed on the invoice and must range from the start of the project through the customer acceptance form as the end date.

d) Acronyms and non-standard abbreviations for programs or organizational units within an agency should not be used in the supporting documentation unless an explanation is also included.

e) No balances for prior purchases will be paid unless supported by an invoice.

f) The invoice (or invoice backup) must demonstrate that each deliverable’s minimum performance levels were met. Payment will only be made for completed projects that are within the scope of the contract and catalog.

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g) A statement will not be paid unless it can be clearly shown that the vendor intended it to be used as an invoice that meets all invoice requirements.

h) Attachment O, Customer and Contractor Sign-Off Form must be submitted with the invoice. This form shall only be signed by the Project Contact.

i) The invoice must include at a minimum Agency name, Customer point of contact, and address of the worksite.

j) Completed Attachment N, Daily Log for all invoiced hours. This form shall be completed by the Project Contact.

For more information regarding DFS payment requirements, please refer to the Reference Guide for State Expenditures:(reference-guide-for-state-expenditures.pdf) or see the Chief Financial Officer’s website at https://myfloridacfo.com/.

4.7 E-Rate Invoicing

When invoicing for services to an E-Rate customer, the Contractor shall separately itemize the price, for any materials or services that are ineligible for E-Rate funding. The invoice should include both E-Rate eligible and ineligible items on the same invoice, not invoiced separately. The Contractor must include the items in the previous section and the following information on all invoices:

a) Location of site where service was provided;

b) Eligible Price;

c) Ineligible Price;

d) Quantity of Eligible and Ineligible Items;

e) Associated Funding Request Number and Funding Request Line Item number

(provided by the Customer); and

f) CSAB Item number that matches delivered and/or installed equipment.

Contractors will use the Service Provider Invoice (SPI) billing to E-Rate customers. SPI invoicing (FCC Form 474) is an FCC form that service providers submit to request reimbursement for discounted eligible services already provided to the schools or libraries on their customer bills (also known as a SPI credit).

4.8 Travel

Travel costs are not allowed under this Contract and will not be paid or reimbursed.

4.9 Permits, Fees, and Inspections

The Contractor shall obtain and pay for all permits, fees, impact fees, fines, and inspections. The Contractor shall submit in CSAB a copy of permits and inspection certificates, as a PDF, issued by authorities having jurisdiction, to the DMS Product Manager.

4.10 Ad-Hoc

Cabling distribution systems contain a variety of related components. The Contract provides pricing for numerous standard products; however, there may be rare circumstances where orders may contain products not listed in the CSAB Catalog, but which are necessary to deliver overall functionality. In these instances, the necessary products will be provided at no more than the Contractor’s cost.

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4.11 Updates to Equipment

DMS anticipates the equipment may change over the term of the Contract and should be flexible to remain current throughout the life of the Contract. Changes in equipment offered by Contractor in the same or equivalent form and within the scope of the Contract are permissible updates. Updates may be prompted by the Contractor, DMS, or Customers.

At DMS’ sole discretion, updates may require a Contract amendment, and any updates will not be incorporated into the CSAB system without DMS’ approval. For equipment updates, Contractor must price the item at the same Unit Price or percentage discount off the Manufacturer’s Suggested Retail Price (MSRP) offered in Attachment C, Pricing Workbook. The Contractor shall not increase the pricing of any existing equipment or services throughout the term of the contract.

If applicable, all Contractors will be given the same opportunity to offer the updated, or new related service.

4.12 Acceptable Substitution

The Contractor may provide a substitution for a product if it is approved in writing by the Department, is of similar quality, and the cost will not exceed the cost in the Attachment C, Pricing Workbook.

4.13 Catalog Items

Products within the scope of the Contract may be added in accordance with SOW section

4.12 or removed from CSAB at the Department’s sole discretion.

4.14 Acceptable Publications

The Department may request, and the Contractor shall provide within three (3) business days, acceptable and supporting information or documentation related to equipment sold.

Acceptable and supporting information or documentation includes, but is not limited to:

1. MSRP list. The MSRP and MSRP list may not be custom or solely developed, created, maintained, altered, revised, changed, or utilized for purposes of the Contract

2. The Manufacturer’s official retail websites.

3. Technical documentation with specifications of equipment.

4.15 Customer Service

The Contractor will provide a high level of customer service. This will include providing professional, timely, and accurate communication to Customers and DMS at all times.

Contractor is to return Customer’s phone calls and emails within two business days.

Contractor is to seek Customer feedback. Throughout the Project or MAC, the Contractor will document all Customer complaints and submit such complaints to the Department’s Contract Manager in writing within five (5) business days.

5. E-RATE REQUIREMENTS

Section 5 is only applicable to E-Rate Contractors who provide E-Rate eligible equipment and services. In this section, “Contractor” refers to E-Rate Contractors registered and compliant with the USAC E-Rate program.

5.1 E-Rate Introduction

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If the Contractor is providing E-Rate eligible equipment and services under the Contract to E-Rate Customers, the Contractor shall meet the requirements within this SOW section 5.

The E-Rate Program helps ensure that schools and libraries can obtain high-speed Internet access and telecommunications at affordable rates.

The Contract(s) that result from this procurement have been competitively bid by a state government entity for use by eligible entities in accordance with USAC State Master Contracts.

The Contractor will neither be deemed a consultant of DMS nor of any E-Rate Customer.

5.2 E-Rate Registration and Compliance

To ensure compliance with all applicable Universal Service Fund (USF) regulations, program mandates, and auditing requirements, Contractors must comply with the following:

a) The Contractor shall maintain eligibility and remain in good standing as a USF service provider for the duration of the Contract and shall comply with all applicable FCC orders and regulations and USAC E-Rate requirements.

b) The Contractor must have an identified employee who is responsible for submitting E-

Rate forms and who is qualified to answer questions and to receive correspondence regarding the E-Rate program. The contact details for this named person shall be submitted to the DMS Contract Manager within thirty (30) days of Contract execution.

If the Contractor’s identified employee changes, the Contractor must notify the DMS Contract Manager within one (1) business day.

c) The Contractor shall assist DMS and its E-Rate Customers in completing any forms related to the USF program.

d) The Contractor must take all actions necessary to provide E-Rate eligible equipment and services in compliance with the terms and conditions of the Contract and E-Rate rules and regulations. E-Rate rules will be the minimum performance standard requirements met under this Contract. Where this Contract has performance requirements greater than those of E-Rate rules, the Contractor must meet those higher Contract standards.

e) The Contractors shall have, at a minimum, a working knowledge of the USF and FCC’s

Registration Number (FCCRN) and will keep current with all requirements pertaining to the USF program.

f) The Contractor shall timely provide to the DMS Contract Manager all information and documentation needed to timely prepare its E-Rate applications, document transactions eligible for E-Rate support, or timely respond to any USAC inquiries and audits.

g) The Contractor shall label all equipment with an identifying tag to demonstrate the equipment was purchased with E-Rate funding.

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h) The Contractor shall complete a DMS inventory log identifying the location of installed equipment at eligible E-Rate locations and provide the completed inventory log via email to the DMS Contract Manager once the Project or MAC is complete.

i) The Contractor must submit a Service Provider Annual Certification (SPAC) (Form

473) to USAC each funding year to certify that it will comply with program rules. A copy of this certification will be sent to the DMS Contract Manager and DMS E-Rate Coordinator annually.

j) The Contractor shall obtain a Service Provider Identification Number (SPIN) from

USAC within sixty (60) days of Contract award. Documentation validating that the Contractor has obtained SPIN number shall be sent to the DMS Contract Manager and DMS E-Rate Coordinator.

k) The Contractor shall maintain compliance with the Lowest Corresponding Price (LCP) as defined in 47 C.F.R. § 54.500.

l) The Contractor agrees to comply with all FCC/USAC E-Rate document retention regulations and requirements.

m) The Contractor agrees to comply with all E-Rate gift rules, in accordance with 47

C.F.R. § 54.503 and FCC/USAC regulations and requirements.

5.3 E-Rate Filings

Both the Contractor and DMS agree that:

a) Per FCC guidelines, DMS is the applicant and files all FCC related forms on behalf of E-Rate Customers.

b) DMS acknowledges that it has posted an E-Rate Description of Services Requested and Certification Form (Form 470) in connection with this procurement, which is a prerequisite to E-Rate eligible entities utilizing Contract(s) awarded as a result of the procurement as the basis for E-Rate funding applications.

c) Awarded contracts will be between DMS and the Contractor. An E-Rate Customer will conduct a Mini-Bid to select the most cost-effective Contract.

d) E-Rate has specific rules and regulations regarding eligibility of services, the manner and timeframes under which USAC Schools and Libraries Division approve funding requests and distributions, the format and submission of customer bills and USAC invoices, and audits in connection with funding under the E-Rate program, which the Contractor is required to adhere to.

5.4 Contractor’s Liability for Maintaining Eligibility as a USF Service Provider

The Contractor must maintain eligibility as a USF service provider and must not be placed on “Red Light Status” by the FCC or placed on the Suspension and Debarment List of the USAC. In the event that the FCC or USAC determines that the Contractor or one of its subcontractors has not acted in compliance with the E-Rate Program, the Contractor will be liable for the equivalent to the actual loss of DMS (and any of its E-Rate Customers) where the Contractor’s or Subcontractor’s USF ineligibility is due to circumstances within

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Contractor’s control. Whether a Contractor’s ineligibility is due to circumstances beyond Contractor’s control is a determination solely within the discretion of DMS.

If Contractor becomes ineligible as an E-Rate Service Provider due to:

a. Circumstances within the Contractor’s control; or

b. Becomes unwilling or unable to provide E-Rate eligible equipment in compliance with

E-Rate rules and regulations or the Contract; or

c. Violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate

Customer funding in whole or in part, DMS and E-Rate Customers have the following remediation:

a. May seek to change to another Contractor;

b. May seek substitute equipment; or

c. May seek damages.

The Contractor agrees to pay liquidated damages in the event it becomes ineligible as a USF provider. In such an event, liquidated damages shall be calculated as the additional cost to DMS and any of its E-Rate Customers above the E-Rate discount. Payment of such liquidated damages shall be the sole responsibility of the awarded Contractor and will be assessed at the time the Customer is billed by the ineligible Contractor. DMS and any of its E-Rate Customers shall only be responsible for the E-Rate discounted price of the services.

In the event DMS or E-Rate Customer are unable to obtain USAC approval to change to a new Contractor, and such USAC denial is a result of the Contractor’s actions not being an eligible reason for USAC to approve a change of service providers under E-Rate rules, the Contractor will be liable to DMS for the amount of E-Rate funding forfeited as a result.

If the Contractor’s violation of the E-Rate rules and regulations is the reason for the E- Rate Customer’s loss of E-Rate funding, in whole or in part, the value of the lost funding associated with the Contractor’s violation will be considered a liquidated damage under this subparagraph.

5.5 E-Rate Category Two Equipment and Services

The Eligible Services List (ESL) for each funding year provides guidance on the eligibility of products and services under the E-Rate program. The ESL is updated by the FCC on an annual basis. The E-Rate Category Two equipment and services eligible for E-Rate support includes the internal connections needed for broadband connectivity within, between, or among schools and libraries. Support is limited to the internal connections necessary to bring broadband into, and provide it throughout, schools and libraries. These are broadband connections used for educational purposes within, between, or among instructional buildings that comprise a school campus or library branch.

All Division Two components in Attachment C, Pricing Workbook are E-Rate eligible and shall not include ineligible E-Rate components. The eligible components and services in E-Rate Category Two subject to this procurement are listed below:

a) Infrastructure – to provide options for industry standard compliant equipment to develop a telecommunications infrastructure. This includes all components necessary

Contract No. DMS-24/25-264 Page 14 of 94 to internal connections needed to bring broadband into, and provide it throughout, buildings, which may connect to a wireless infrastructure or other equipment such as:

a. Switches – a mechanical or electronic device that completes or breaks an electrical path or that selects the paths for communication

b. Routers – switching devices that can act as an interface between two networks and connect different segments, such as departments or floors in a building

c. Cabling – the wires or groups of wires capable of carrying voice, video, or data transmissions

b) Wireless Access – to provide options for industry standard compliant wireless equipment. This includes all components necessary to provide wireless networking capabilities which then connect to a wired infrastructure. Components include:

a. Wireless access points used in a local area network (LAN) or wireless local area network (WLAN) – Wireless access points provides internet access to devices capable of receiving wireless broadband

b. Wireless controller systems – Wireless controller systems are used in conjunction with access points to create a wireless local area network

c) Related Components – to provide options for industry standard compliant components related to infrastructure and wireless access. This includes all components necessary for the functionality of broadband distribution:

a. Antennas – devices for transmitting and/or receiving radio frequency signals

b. Connectors – devices that connect wires or fibers

c. Related components used for internal broadband connections – miscellaneous components to transport broadband internally

d. Racks – metal supporting framework for mounting cables, equipment, and/or wires.

e. Uninterruptible Power Supply (UPS)/Battery Backup – devices that provide backup electric energy to a piece of equipment in the event of a power failure

f. Software – software supporting the components in this section used to distribute high-speed broadband throughout school buildings and libraries.

g. SNMP Cards – devices that enable remote monitoring and management of equipment (such as UPS systems) over a network using the Simple Network Management Protocol (SNMP).

h. Firewall Components – devices that function as security appliances to control, monitor, and protect network traffic according to predefined security rules. Also referred to as Security Appliances.

d) Installation, configuration, and activation of all equipment contemplated within this Statement of Work.

e) Eligible Managed Internal Broadband Services – services provided by a third party for the operation, management, and monitoring of eligible broadband internal connections are eligible managed internal broadband services (e.g., managed Wi-Fi). E-Rate support is limited to eligible expenses or portions of expenses that directly support and are necessary for the broadband connectivity within schools and libraries. Eligible expenses include the management and operation of the LAN/WLAN, including installation, activation, and initial configuration of eligible components and on-site

Contract No. DMS-24/25-264 Page 15 of 94 training on the use of eligible equipment. In some eligible managed internal broadband services models, the third-party manager owns and installs the equipment and school and library applicants lease the equipment as part of the managed services contract.

In other cases, the school or library may own the equipment, but have a third party manage the equipment for it.

a. Eligibility limitations for managed internal broadband services – The equipment eligible for support as part of a managed internal broadband service may include only equipment listed above as broadband internal connections. Upfront charges that are part of a managed service contract are eligible for E-Rate support except to the extent that the upfront charges are for any ineligible internal connections (e.g., servers other than those that are necessary to provide caching), which, if included in the contract, must be cost allocated out of any funding request.

f) Basic Maintenance of Eligible Broadband Internal Connections – E-Rate support is available for basic maintenance and technical support appropriate to maintain reliable operation when provided for eligible broadband internal connections. The following basic maintenance services are eligible: Repair and upkeep of eligible hardware; Wire and cable maintenance; Configuration changes; Basic technical support including online and telephone-based technical support; and Software upgrades and patches including bug fixes and security patches.

a. Eligibility limitations for basic maintenance – Basic maintenance is eligible for support only if it is a component of a maintenance agreement or contract for eligible broadband internal connections. The agreement or contract must specifically identify the eligible internal connections covered, including product name, model number, and location. Support for basic maintenance will be paid for the actual work performed under the agreement or contract.

Support for bug fixes, security patches, and technical support is not subject to this limitation. Basic maintenance does not include:

i. Services that maintain ineligible equipment,

ii. Upfront estimates that cover the full cost of every piece of eligible equipment,

iii. Services that enhance the utility of equipment beyond the transport of information, or diagnostic services in excess of those necessary to maintain the equipment’s ability to transport information,

iv. Network management services, including 24-hour network monitoring,

v. On-site technical support (i.e., contractor duty station at the applicant site), unless applicants present sufficient evidence of cost-effectiveness, and

vi. Unbundled warranties.

5.6 Mini-Bid Process

E-Rate Customers must determine the cost effectiveness of qualified bidders by conducting the Mini-Bid process and requesting quotes. This multiple step process is consistent with USAC’s direction regarding cost effectiveness (see https://www.usac.org/e-rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/) and in accordance with 47 CFR 54.511.

Customers will use this process to request in CSAB specific work within their facilities based on their own unique technological needs. The format of each Customer’s quote

Contract No. DMS-24/25-264 Page 16 of 94 request will be left to the discretion of DMS. In all cases, the Contractor’s quote must include a well-defined, detailed breakdown of the total cost of the proposed service, with E-Rate eligible and ineligible items separately listed, and prices that do not exceed those set forth in the Contractor’s Pricing Workbook.

If a Contract is awarded to a Vendor to provide both Division One and Division Two services in a Region and a Customer requests equipment in a Region where Contractor has a listed price in Division One and a percentage off MSRP in Division Two, the Contractor’s response will include, at a minimum, the price or MSRP discount which provides the Customer with the most cost-effective solution.

When a quote is obtained for Division Two equipment, and the manufacturer proposed was not specifically referenced within the Contractor’s price sheet, the percentage off MRSP listed as, “any other manufacturer offered by the Contractor as an equivalent” within the Contractor’s price sheet will be utilized.

If the Contractor accepts the quote request, the Contractor shall timely submit a quote to the Customer in CSAB. If the Contractor does not accept the quote request, it will opt-out in CSAB. All contractors in their designated Region shall respond to all bids in their Region with either an opt-out or with a bid. The quote must be accepted by DMS in writing before any implementation. The quote must contain all information including manufacturer’s data needed for the Customer to review and approve the service. The quotes will contain sufficient detail necessary for audit processes.

E-Rate Customers will seek quotes from qualified E-Rate Contractors for specific E-Rate eligible goods and services. A quote request contemplated in this Mini-Bid process may not expand the scope of a Contract, and the Contractor is limited to providing quotes only for services contemplated in the Contract between the Department and the Contractor.

TIPS 3 E-Rate eligible Customers may request, as part of their quote, specific manufacturers. E-rate rules require that when specific manufacturers are identified in the Mini-Bid, Contractors must be able to submit quotes for equivalent products and services.

Contractors proposing equivalent equipment must provide DMS with documentation demonstrating the Contractor proposed equipment has equivalent attributes to the requested manufacturer’s product such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. Quotes for equivalent equipment will not be considered unless all of the outlined information has been provided and determined satisfactory by the Customer.

The E-Rate Customer will be responsible for determining the factors to use in evaluation of quotes received in response to the E-Rate Customer’s Mini-Bid, and the E-Rate Customer can have as many evaluation criteria as necessary to assist in the selection of the most cost-effective solution, as long as price for E-rate eligible services is the most heavily weighted factor in the evaluation. This process will be governed by USAC’s guidelines and criteria as described in the “Mini-Bids” section found at https://www.usac.org/e-rate/applicant-process/selecting-service-providers/state-master-contracts/. USAC guidance for conducting a bid evaluation can be found at http://www.usac.org/sl/applicants/step02/evaluation.aspx.

The bid evaluation must also follow applicable local procurement regulations.

Contract No. DMS-24/25-264 Page 17 of 94

The Customer will accept the quote in CSAB.

The E-Rate Customer, DMS Contract Manager, and the DMS E-Rate staff will maintain all documentation related to this Mini-Bid.

6. NON-E RATE QUOTE REQUESTS

TIPS 3 Non E-Rate Customers will use this process to request in CSAB specific work within their facilities based on their own unique technological needs. The format of each quote request will be left to the discretion of DMS. In all cases, Contractor’s quote must be well-defined with a detailed breakdown of the total cost of the proposed service and prices that do not exceed those set forth in the Contractor’s Pricing Workbook.

If a Contract is awarded to a Vendor to provide both Division One and Division Two services in a Region and a Customer requests equipment in a Region where Contractor has a listed price in Division One and a percentage off MSRP in Division Two, the Contractor’s response will include, at a minimum, the price or MSRP discount which provides the Customer with the most cost-effective solution.

When a quote is obtained for Division Two equipment, and the manufacturer proposed was not specifically referenced within the Contractor’s price sheet, the percentage off MRSP listed as, “any other manufacturer offered by the Contractor as an equivalent” within the Contractor’s price sheet will be utilized.

A quote request may not expand the scope of a Contract, and the Contractor is limited to providing quotes only for services contemplated in the Contract between the Department and the Contractor.

TIPS Non-E-Rate Customers may request, as part of their quote, specific manufacturers.

Contractors proposing equivalent equipment must provide DMS with documentation demonstrating the Contractor proposed equipment has equivalent attributes to the requested manufacturer’s product such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. Quotes for equivalent equipment will not be considered unless all of the outlined information has been provided and determined satisfactory by the Customer.

If the Contractor accepts the quote request, the Contractor shall timely submit a quote to the Customer in CSAB. If the Contractor does not accept the quote request, it will opt-out in CSAB, or by electronic message to the Product Manager, or by not responding. The quote must be accepted by DMS in writing before any implementation. The quote must contain all information and manufacturer’s data needed for the Customer to review and approve the service. The Customer will be responsible for determining the factors to use in evaluating quotes received in response to the Contractor’s quote. The quotes will contain sufficient detail necessary for audit processes. The Customer will accept the quote in CSAB.

7. MANAGEMENT REQUIREMENTS

The Contractor shall be required to perform management activities associated with delivery of services contemplated in this SOW and Contract including, but not limited to, managing deliveries, scheduling, quality assurance, and Subcontractors. Unless otherwise specified, the documents required in this section are to be delivered to the DMS Product Manager and the Customer in

CSAB.

Contract No. DMS-24/25-264 Page 18 of 94

The Contractor shall document all on-site personnel using Attachment N, Daily Log. At a minimum, the Customer shall verify and sign off on the Contractor’s Attachment N, Daily Log each week. The Department may request, and the Contractor shall provide, completed Attachment N, Daily Log prior to invoice approval. Invoice approval is subject to the Customer’s verification and sign off of the Contractor’s hours worked as submitted on Attachment N, Daily Log.

7.1 Project Commencement Submittals

Prior to commencement of any Project, the Contractor shall submit in CSAB a document or multiple documents (as…