Attachment A - Terms and Conditions - RFP 758 2100000061 08-28-2020.pdf

MODIFICATION 8-28-2020-RFP 758 210000061

The below link is available to watch the Vendor Conference held on August 27, 2020 on the Finance Cabinet website.

https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

In addition, the vendor conference will be available on the KDE website as well.

The following Sections revised:

Section 10.9- Estimated Schedule of RFP Activities Closing date extended until September 4, 2020 for Phase I

Section 20.1-last paragraph

Section 50.6 A5(iii) Section 50.6 A5(iv) Section 60.7 B (2) removed in its entirety

As directed by the Office of the Governor, all buildings and sites providing state government services shall be closed to the public, except in emergency or life-threatening circumstances, or to provide food, water, or medical assistance. In light of this directive, bidders are not permitted to personally deliver bids and proposals. Bidders shall use Secure File Transfer addressed in Attachment F. If you have questions, contact the buyer of record listed in the solicitation.

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

FACE OF SOLICITATION - SIGNED [see Section 60.4]

*PROPOSED TECHNICAL SOLUTION UNDER SEALED COVER AND BY

CLOSING DATE AND TIME [see Sections 60.5 – 60.7] https://finance.ky.gov/services/eprocurement/Pages/doingbusiness.aspx

*PROPOSED COST SOLUTION UNDER SEALED COVER AND BY CLOSING

DATE AND TIME [see Section 60.8 & Attachment B]

*MANDATORY REQUIREMENTS CHECKLIST [see Attachment G]

TRANSMITTAL LETTER [see Section 60.6(A)]

REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 60.6 (C)]

CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY [see Section 60.6 (D)]

REQUIRED ANNUAL AFFIDAVIT AND OTHER AFFIDAVIT(S) [see Attachment C]

EEO FORMS IF APPLICABLE [see Section 40.21]

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)

*Please see Attachment E - The Protection of Personal Information Security and Breach Investigation Procedures and Practice Act (KRS 61.931), et seq.

effective January 1, 2015.

NEW EFFECTIVE APRIL 1, 2020

Proposals shall be submitted via Secure File Transfer on https://ftp.ky.gov

ONLY. See SECTION 60.5 for additional information.

Do not submit proposals more than one time.

Complete instructions for Secure File Transfer are provided on Attachment F.

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document.

Do not submit multiple documents as Technical, Cost or Proprietary.

All files shall be labeled accordingly.

ATTACHMENT A

Commonwealth of Kentucky Request for Proposal (RFP)

For Last Mile Wired & Wireless Internet for KY K-12 Students

RFP 758 2100000061

Release Date: August 25, 2020 CLOSING DATE AND TIME Phase 1: September 1 4, 2020 at 3:30pm EST

CLOSING DATE AND TIME Phase 2: December 1, 2020 at 3:30pm EST

(See Section 10.9 of this RFP for the Estimated Schedule of RFP Activities)

Issued by

The Finance and Administration Cabinet On Behalf Of

Kentucky Department of Education (KDE)

Commonwealth Buyer:

Stacy Blank, CPPO, CPPB

Division Director

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

New Capitol Annex

702 CAPITOL AVE RM 096

FRANKFORT KY 40601

(502) 226-0383

Fax: (502) 564-6013 Stacy.Blank@ky.gov https://ftp.ky.gov/ mailto:Stacy.Blank@ky.gov

TABLE OF CONTENTS

Proposal Submission Checklist Section 10 – Introduction and Overview Section 20 – Background and Present System Summary Section 30 – Commonwealth Office of Technology Requirements Section 40 – Procurement Requirements Section 50 – Scope of Work Section 60 – Proposal Submission Section 70 – Proposal Evaluation Section 80 – Negotiations Section 90 – Attachments

SECTION 10 – INTRODUCTION AND OVERVIEW

10.1 Purpose

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. The Kentucky Department of Education is seeking multiple vendors to provide Kentucky K-12 students last mile wireless internet and last mile wired monthly services for KY K-12 students in 171 Kentucky Public School Districts and Kentucky School of Blind (KSB) and Kentucky School of Deaf (KSD) that currently don’t have last mile Internet service for school related work and activities.

Awarded contracts pursuant to this RFP shall be completed in 2 phases. Phase I will establish initial contracts. Phase II will establish contracts on an as needed basis until the RFP closes. Phase II responses will be evaluated and considered for award as they are received until the bid closing date.

10.2 Issuing Office

The Commonwealth of Kentucky, Finance and Administration Cabinet, Office of Procurement Services, is issuing this RFP on behalf of the Kentucky Department of Education. The Finance and Administration Cabinet is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFP.

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet.

10.3 Access to Solicitation, RFP, and Addenda

The Commonwealth wants each prospective vendor to have full and complete information on which to base a proposal response. Only information presented or referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by vendors in preparing the response.

The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service site at http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on public access.

In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the vendor’s response, the version as issued shall prevail.

10.4 RFP Terminology

For the purpose of this RFP, the following terms may be used interchangeably:

o Proposer, Offeror, Contractor, Provider, or Vendor o Commonwealth Buyer, Buyer, Purchaser, or Contract Officer o RFP, Solicitation, or Procurement o Bid, Proposal, or Offer o Commonwealth of Kentucky, Commonwealth, or State, Agency, Kentucky

Department of Education.

o Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through

June 30 o Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year o Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

10.5 Restrictions on Communications

The Commonwealth Buyer named on the Cover Sheet of this RFP shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail, or fax), concerning this procurement shall be addressed to the Buyer.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the vendors’ proposal response.

10.6 Written Questions Regarding this RFP

Vendors are encouraged to submit written questions pursuant to Section 10.9 of this RFP. Should a vendor object to any of the Commonwealth’s standard terms and conditions or provisions of the solicitation, that vendor must specifically identify the deviation and must propose specific alternative language that could be acceptable to the Commonwealth. Vendors must include a brief statement of the purpose and impact, if any, for each proposed change in addition to the specific http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService proposed alternate wording. General references to the vendor’s terms and conditions or attempts at complete substitutions are not acceptable.

The Vendors’ Conference will be held as cited in this RFP. Attendance is highly encouraged as this will be the only opportunity to ask oral questions. The Commonwealth shall not be bound by oral answers to the questions presented at the Conference or oral statements made at any other time by any member of the Commonwealth’s staff. Salient questions asked at the Vendors’ Conference and the responses will be reduced to writing and issued in an Addendum that shall be posted to the E-Procurement Page.

Vendors shall provide the following information via email by 8:00 am EST, August 27, 2020:

Vendor/Company Name Vendor/Company Contact Vendor/Company email address

This shall be sent to Stacy.Blank@ky.gov. This will confirm attendance for the Vendor Conference in order to receive an email invitation for MS TEAMS.

Written questions shall be submitted to the Commonwealth Buyer via email at Stacy.Blank@ky.gov or via fax at 502-564-6013. Vendors should submit questions on Attachment D-Vendors Question Form. No questions shall be accepted after the date(s) listed in Section 10.9 unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

10.7 Notification of Award of Contract

The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by State agencies.

All applicable statutes, regulations, policies and requirements shall become a part of an award as well as the Information Technology requirements.

To view the award of contract(s) and the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service site at http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService .

Vendors can search for the solicitation title or number in the keyword search field, or can filter their search for only awarded solicitations by clicking on Advanced Search and changing the status to “Awarded”. The award(s) information can be accessed by clicking on the details button of the solicitation mailto:Stacy.Blank@ky.gov http://emarsonline1311.state.ky.us/webapp/vssprdonline/AltSelfService and clicking the “Notice of Award” tab. It is the vendor’s responsibility to review this information in a timely fashion. No other notification of the results of an award of contract will be provided.

10.8 Protest

Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may a file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

Holly M. Johnson, Secretary

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

New Capitol Annex

702 CAPITOL AVE RM 383

FRANKFORT KY 40601

The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

10.9 Estimated Schedule of RFP Activities

The following table presents the anticipated schedule for major activities associated with the RFP distribution, proposal submission, proposal evaluation process, and contract award. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Awarded contracts pursuant to this RFP shall be completed in 2 phases. Phase I will establish initial contracts. Phase II will establish contracts on an as needed basis until the RFP closes. Phase II responses will be evaluated and considered for award as they are received until the bid closing date.

Anticipated Schedule of Activities

Release of RFP

August 25, 2020

Vendors MUST email Stacy.Blank@ky.gov by 8:00am EST with their company name, contact name and email address to confirm attendance for the Vendor Conference in order to receive an email invitation for MS TEAMS.

August 27, 2020

Vendor Conference:

Via MS TEAMS Time 10:00 am EST – 12:00 pm EST

August 27, 2020

Written Questions due 3:30 pm EST August 27, 2020

Commonwealth’s Response to Questions submitted at Vendors Conference

August 28, 2020

Phase 1 Proposals due by 3:30 pm EST

September 1 4, Phase 2 Proposals due by 3:30 pm EST December 1, 2020

SECTION 20 – BACKGROUND AND PRESENT SYSTEM SUMMARY

20.1 Background

The Kentucky Department of Education (KDE), Office of Education Technology (OET), provides Education Technology Services to all Kentucky K-12 school districts, including Kentucky School of the Blind (KSB) and Kentucky School of Deaf (KSD).

Kentucky K-12 schools are 100% connected to high speed last mile fibered Internet.

Before COVID-19, approximately 90% of KY K-12 students also had Internet access at home.

Over the past 5 months, we appreciate school districts like Jefferson County schools, Covington Independent schools and Lincoln County schools that have increased that to approximately 95% through their local portion of the Governor’s CARES Funds (GEERS), the general CARES Funds, a variety of other federal/state funds and public-private partnerships and non-profit charitable organizations

We must provide better service for the remaining 5% of students who do not already have internet access at or very close to their homes.

The two most likely reasons for that Kentuckian that does not have internet access are 1) difficulty in getting it because of where they live and 2) the cost.

In an effort to address these issues, this is an $8 million in Governor’s CARES Funds to help each of our 171 school districts to complement and supplement their own local efforts to provide a last mile wireless or wired Internet option at or very close to the home for these remaining KY K-12 students for the entire school year.

The $8M will be allocated to each district based upon the district’s total number of students and the district’s free and reduced lunch program (FRLP) percentages uses annually for their federal E-rate program application to receive discounted prices for their education technology products and services.

Our goal is to identify a variety of local provider(s) who can supply high-speed last mile internet service for eligible KY K-12 students in their district and award contracts expeditiously.

Our goals through this RFP is to (1) reduce the average costs from $20 per student that districts are currently paying per month (desired target of $10), (2) increase to unlimited data/Internet per student, (3) ensure the students from their school provided laptop/tablet, will have the same safe and secure Internet experience at home and only go to the type of educational content, materials and websites that their district approves of while using this last mile Internet service,

(4) get as close as possible to the FCC goal of 25 Mbps download and 3 Mbps per student and (5) provide the mobile hotspot device at no cost. Districts will benefit from these contracts awarded through this RFP with better pricing and capabilities.

The “Last Mile” internet service for KY K-12 students is intended to include wireless options like mobile hotspots, satellite services and fixed wireless capabilities. It will also include last mile wired options like traditional services from a cable, telephone or utility company. It will be a district’s decision on which last mile provider is selected and the remaining students currently in their district without a last mile Internet option that will receive these services.

The intent of the last mile project is to assist students with the greatest need.

Last mile services purchased with the $8M of the Governor’s CARES Funds shall be provided to students with the greatest need for access that don’t currently have it. Student last mile access should be provided for students who meet the following criteria:

1. Student is learning virtually due to a COVID-19 related health situation and does not have access by other means to connectivity for online/blended learning materials and resources.

2. Student is economically disadvantaged and requires additional assistance acquiring connectivity for online/blended learning materials and resources.

3. Student is experiencing homelessness and requires additional assistance acquiring connectivity for online/blended learning materials and resources.

The Kentucky Department of Education will get a report from districts to ensure all these funds were spent to provide last mile services to students with the greatest need.

KDE seeks multiple vendors to close the gap for the 5% of students whose family cannot afford service. The vendor solution should include providing the students with last mile wireless internet or last mile wired monthly services, hotspots (device) and the service. Payments to vendors and technical support for students internet service and hardware SHALL go through each local school district’s point of contact with respect to the use of the last mile wireless and last mile wired Internet monthly services and hotspots (device) and service.

SECTION 30 – INTENTIONALLY LEFT BLANK

SECTION 40 – PROCUREMENT REQUIREMENTS

40.1 Procurement Requirements

Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

40.2 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the contractor’s offer in response to the solicitation, indicated by the issuance of a contract award by the Office of Procurement Services, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties;

3. Any Addenda to the Solicitation;

4. The Solicitation and all attachments

5. Any Best and Final Offer;

6. Any clarifications concerning the Contractor’s proposal in response to the

Solicitation;

7. The Contractor’s proposal in response to the Solicitation.

In the event of any conflict between or among the provisions contained in the contract, the order of precedence shall be as enumerated above.

https://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx

40.3 Final Agreement

The contract represents the entire agreement between the parties with respect to the subject matter hereof. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract.

40.4 Contract Provisions

If any provision of this contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commonwealth and the contractor shall be relieved of all obligations arising under such provision. If the remainder of this contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

40.5 Type of Contract

The contract proposed in response to this solicitation shall be on the basis of a firm fixed unit price for the elements listed in this solicitation. This solicitation is specifically not intended to solicit proposals for contracts on the basis of cost-plus, open-ended rate schedule, nor any non-fixed price arrangement.

40.6 Contract Usage

As a result of this RFP, the contractual agreement with the selected vendor will in no way obligate the Commonwealth of Kentucky to purchase any services or equipment under this contract. The Commonwealth agrees, in entering into any contract, to purchase only such services in such quantities as necessary to meet the actual requirements as determined by the Commonwealth.

40.7 Addition or Deletion of Items or Services

The Office of Procurement Services reserves the right to add new and similar items, by issuing a contract modification, to this contract with the consent of the vendor. Until such time as the vendor receives a modification, the vendor shall not accept delivery orders from any agency referencing such items or services.

40.8 Changes and Modifications to the Contract

Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the contractor and the Commonwealth, and incorporated as a written amendment to the contract and processed through the Office of Procurement Services and approved by the Finance and Administration Cabinet prior to the effective date of such modification or change pursuant to KRS 45A.210(1) and 200 KAR 5:311.

Memorandum of understanding, written clarification, and/or correspondence shall not be construed as amendments to the contract.

If the contractor finds at any time that existing conditions made modification of the contract necessary, it shall promptly report such matters to the Commonwealth Buyer for consideration and decision.

40.9 Changes in Scope

The Commonwealth may, at any time by written order, make changes within the general scope of the contract. No changes in scope are to be conducted except at the approval of the Commonwealth.

40.10 Contract Conformance

If the Commonwealth Buyer determines that deliverables due under the contract are not in conformance with the terms and conditions of the contract and the mutually agreed-upon project plan, the Buyer may request the contractor to deliver assurances in the form of additional contractor resources and to demonstrate that other major schedules will not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

40.11 Assignment

The contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer.

40.12 Payment

The KDE School Districts will make payment within thirty (30) working days of receipt of contractor's invoice or of acceptance of goods and/or services in accordance with KRS 45.453 and KRS 45.454.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or his representative.

40.13 Contractor Cooperation in Related Efforts

The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the contractor shall fully cooperate with such other contractors and Commonwealth employees.

The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees.

40.14 Contractor Affiliation

"Affiliate" shall mean a branch, division or subsidiary that is effectively controlled by another party. If any affiliate of the contractor shall take any action that, if done by the contractor, would constitute a breach of this agreement, the same shall be deemed a breach by such party with like legal effect.

40.15 Commonwealth Property

The contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for contractor's use in connections with the performance of this contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted.

40.16 Confidentiality of Contract Terms

The contractor and the Commonwealth agree that all information communicated between them before the effective date of the contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws.

Upon signing of the contract by all parties, terms of the contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes.

The contractor shall have an appropriate agreement with its subcontractors extending these confidentiality requirements to all subcontractors’ employees.

40.17 Confidential Information

The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the contractor. All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the contractor. The contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:

A. Information which the Commonwealth has released in writing from being maintained in confidence;

B. Information which at the time of disclosure is in the public domain by having been printed an published and available to the public in libraries or other public places where such data is usually collected;

or

C. Information, which, after disclosure, becomes part of the public domain as defined above, thorough no act of the contractor.

40.18 Advertising Award

The contractor shall not refer to the award of contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky without the expressed written consent of the agency technical contact person. (see Section 50.4)

40.19 Patent or Copyright Infringement

The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge.

The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding.

If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information.

The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor.

If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent.

The contractor shall have no liability for any infringement based upon:

A. the combination of such product or part with any other product or part not furnished to the Commonwealth by the contractor

B. the modification of such product or part unless such modification was made by the contractor

C. the use of such product or part in a manner for which it was not designed

40.20 Permits, Licenses, Taxes and Commonwealth Registration

The contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this contract is performed.

The contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. However, the contractor need not be registered as a prerequisite for responding to the RFP. Additional local registration or license may be required.

The contractor shall pay any sales, use, and personal property taxes arising out of this contract and the transaction contemplated hereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the contractor.

40.21 EEO Requirements

The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx.

40.22 Provisions for Termination of the Contract

Any contract resulting from this solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312.

40.23 Bankruptcy

In the event the contractor becomes the subject debtor in a case pending under the Federal Bankruptcy Code, the Commonwealth's right to terminate this contract may be subject to the rights of a trustee in bankruptcy to assume or assign this contract. The trustee shall not have the right to assume or assign this contract unless the trustee (a) promptly cures all defaults under this contract; (b) promptly compensates the Commonwealth for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth.

40.24 Conformance with Commonwealth & Federal Laws/Regulations This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with

KRS 45A.245.

40.25 Accessibility

Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.

40.26 Access to Records

The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c).

40.27 Prohibitions of Certain Conflicts of Interest

In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed.

In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this contract to voluntarily acquire any ownership interest, direct or indirect, in the contract prior to the completion of the contract.

40.28 No Contingent Fees

No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, excepting bona fide employees of the offeror or bona fide established commercial or selling agencies maintained by the offeror for the purpose of securing business. For breach or violation of this provision, the Commonwealth shall have the right to reject the proposal or cancel the contract without liability.

40.29 Vendor Response and Proprietary Information

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Finance and Administration Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Finance and Administration Cabinet, representatives of the agency for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by vendors in response to this RFP as a matter of public record.

Although the Commonwealth recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the Commonwealth must treat such information as provided by the Kentucky Open Records Act, KRS

61.870 et sequitur.

Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor shall declare in the Transmittal Letter [see Section 60.6 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each sheet containing such information. Proprietary information shall be submitted under separate sealed cover marked “Proprietary Data”.

Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

40.30 Contract Claims

The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

40.31 Limitation of Liability

The liability of the Commonwealth related to contractual damages is set forth in

KRS 45A.245.

40.32 Discrimination (Effective April 8, 2015)

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

SECTION 50 – SCOPE OF WORK

PROPOSALS THAT DO NOT MEET MANDATORY REQUIREMENTS WILL BE

DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED. REFER TO

ATTACHMENT G – MANDATORY REQUIREMENTS CHECKLIST.

50.1 Agencies to Be Served

This contract shall be for use by all KY Public School Districts, The KY School for the Blind, The KY School for the Deaf and the KY DEPARTMENT OF EDUCATION. No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.

50.2 Term of Contract and Renewal Options

The initial term of the contract shall be for a period of one (1) year from the effective date of the Award of Contract.

This contract may be renewed at the completion of the initial contract period for four (4) additional one (1) year periods upon the mutual agreement of the Parties. Such mutual agreement shall take the form of a contract modification as described in Section 40.8 of this RFP.

50.3 Basis of Price Revisions

PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the contract resulting from this solicitation shall remain firm for the contract period subject to the following:

A. Price Increases: A price increase shall not occur during the first twelve (12) months of the contract. A vendor may request a price increase after twelve

(12) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on industry wide price changes. The contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the contract holder may withdraw from the contract without prejudice upon written notice and approval by the Office of Procurement Services.

Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established (usually within sixty (60) days).

B. Price Decreases: The contract price shall be reduced to reflect any industry wide price decreases. The contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available.

C. Extended Contract Periods: If the contract provides for an optional renewal period, a price adjustment may be granted at the time the contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above.

50.4 Notices

After the award of contract, all programmatic communications with regard to day-to-day performance under the contract are to be made to the agency technical contact(s) identified during the negotiation phase of this procurement. After the award of contract, all communications of a contractual or legal nature are to be made to the Commonwealth Buyer.

50.5 Subcontractors

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor. All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

50.6 Scope of Work/Technical Requirements

A. Internet access for students that currently have no away-from-school Internet.

i) Access MUST fundamentally be based on the KY K-12 student. This service is not for the non-KY K-12 students in the home.

1. Districts will determine the eligible students that need and are provided a last mile Internet service with the $8M in funds.

2. Districts will pay the vendor directly for this service.

3. In homes with more than one K-12 student without Internet access, it must be possible for students to access Internet without being in the same place (individual hotspots)

4. Each eligible K-12 student needs to be provided as close as possible bandwidth of 25 Mbps down (to student from Internet) and 3 Mbps up (from student to Internet) – based on current FCC definition of broadband

5. If the student is participating in schoolwork at another location than their actual home (such as a grandparent’s home), the student’s parent/guardian SHALL be able to request the Internet service be provided at that location instead of the actual home

ii. KDE desires service to be onsite and no data caps.

iii. Providers should work with local school district to ensure that CIPA

(Children’s Internet Protection Act) is addressed. Providers should work with local school districts with Such as configuring the wireless hotspot to integrate with the district’s Internet content filtering service to ensure that all access to the Internet through the device is properly filtered for student safety.

iv. Providers SHALL provide a solution that provide Wi-Fi connectivity and Include necessary on-premise equipment and service (hotspot device or similar equipment for other solutions) as well as last-mile connectivity wireless at no cost.

v. KDE desires that Providers configure the Internet service to only allow access to the Internet for eligible students’ for solutions that use a standalone hotspot device.

vi. Vendor should submit invoices monthly, quarterly, or annually and will be paid by each individual local school district.

vii. The providers should work with local school districts to request Internet service for the eligible student(s), collecting only the minimum data necessary to provide service.

viii. Vendor or subcontractor SHALL provide end-user support for Internet connectivity to the student on par with support provided to the local school districts point of contact.

ix. Provider should minimize throttling or deprioritization of bandwidth during peak school hours for the particular district (7:30 a.m. to 4:00 p.m.)

x. Providers should allow districts to leverage the statewide pricing for purchasing of additional units of any funding source.

xi. Providers should allow districts to leverage pricing for current or existing contracts that have been entered since Covid-19 pandemic began. (March 13, 2020)

The Commonwealth agrees to the following:

o The districts will determine the eligibility of the students to receive the service.

o Provide flexibility for districts in deciding which provider(s) they wish to utilize.

B. Categories The following categories shall be established for Last Mile K-12 Wireless Internet Access Hardware and Services:

Products/Services Solutions

Wired Access/Solutions-examples; Cable, Fiber, DSL, etc.

Wireless Access (standalone hotspot device)

Wireless Access (hotspot via existing cell phone)

Satellite Access

Other (detailed description required)

C. Single Point of Contact It is crucial to have a dedicated account team. This working partnership affords the vendor insight into how K-12 public school districts operate.

Vendor should provide an account team that includes, but is not limited to, a sales account representative that is also the Single Point of Contact (SPOC), and a post-sales support level staff to serve the needs of the K- 12 Local School Districts customers. Vendor shall name a person that will be the single point of contact (SPOC) for contract issues. Vendor shall ensure that this person and all salespersons of their product will be knowledgeable in:

The local public school district

Upon contract award, Vendor shall provide a description of a copy of procedures for requesting escalation, complaint resolution and identify the staff available for hardware, wireless internet service and billing problems, etc.

D. Deliveries/Return Vendors SHALL provide a detailed bill of sale of equipment and services delivered. Delivery is defined as the district’s receipt of goods and completion of installation or services if required. Vendor should provide procedures for return of hardware at the end of the term of service.

E. Warranty Vendors should provide and…