CRFP OOT25-01 - Solicitation Documentation.PDF

Date Printed: Mar 4, 2025 Page: 1 FORM ID: WV-PRC-CRFP-002 2020\05

Department of Administration Purchasing Division 2019 Washington Street East Post Office Box 50130 Charleston, WV 25305-0130

State of West Virginia Centralized Request for Proposals

Telecomm

Proc Folder: 1641253 Reason for Modification:

Doc Description: Vertical Real Estate Management Pursuant WV Code 31G-5

Proc Type: Central Master Agreement

Date Issued Solicitation Closes Solicitation No Version

2025-03-04 2025-04-01 13:30 CRFP 0231 OOT2500000001 1

BID RECEIVING LOCATION

BID CLERK

DEPARTMENT OF ADMINISTRATION

PURCHASING DIVISION

2019 WASHINGTON ST E

CHARLESTON WV 25305

US

VENDOR

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

FOR INFORMATION CONTACT THE BUYER

Larry D McDonnell 304-558-2063 larry.d.mcdonnell@wv.gov

Vendor Signature X FEIN# DATE All offers subject to all terms and conditions contained in this solicitation

Date Printed: Mar 4, 2025 Page: 2 FORM ID: WV-PRC-CRFP-002 2020\05

ADDITIONAL INFORMATION

REQUEST FOR PROPOSALS

The West Virginia Department of Administration, Purchasing Division (hereinafter referred to as the "Purchasing Division") is issuing this solicitation as a request for proposal ("RFP"), as authorized by W. Va. Code 5A-3-10b, for the West Virginia Office of Technology (hereinafter referred to as the "Agency") to provide management of the State of West Virginia's vertical real estate.

***Questions regarding the solicitation must be submitted in writing to Larry.D.McDonnell@wv.gov prior to the question period deadline***

**ONLINE SUBMISSIONS ARE PROHIBITED FOR REQUEST FOR PROPOSALS***

INVOICE TO SHIP TO

DEPARTMENT OF ADMINISTRATION

OFFICE OF TECHNOLOGY

1900 KANAWHA BLVD E, BLDG 5 10TH FLOOR

CHARLESTON WV 25305

US

WV OFFICE OF TECHNOLOGY

BLDG 5, 10TH FLOOR

1900 KANAWHA BLVD E

CHARLESTON WV 25305

US

Line Comm Ln Desc Qty Unit of Measure Unit Price Total Price 1 Vertical Real Estate Professional

Management Services

Comm Code Manufacturer Specification Model # 80131800

Extended Description:

See attached documentation for further details.

SCHEDULE OF EVENTS

Line Event Event Date 1 Vendor Questions due at 3:00PM EST/EDT 2025-03-18

REQUEST FOR PROPOSAL

WV Office of Technology

CRFP OOT25*01

TABLE OF CONTENTS

1. Table of Contents

2. Section 1: General Information and Instructions

3. Section 2: Instructions to Vendors Submitting Bids

4. Section 3: General Terms and Conditions

5. Section 4: Project Specifications

6. Section 5: Vendor Proposal

7. Section 6: Evaluation and Award

8. Certification and Signature Page

SECTION 1: GENERAL INFORMATION

1.1. Introduction:

The West Virginia Department of Administration, Purchasing Division (hereinafter referred to as the “Purchasing Division”) is issuing this solicitation as a request for proposal (“RFP”), as authorized by W. Va. Code §5A-3-10b, for the West Virginia Office of Technology (hereinafter referred to as the “Agency”) to provide management of the State of West Virginia’s vertical real estate.

The RFP is a procurement method in which vendors submit proposals in response to the request for proposal published by the Purchasing Division. It requires an award to the highest scoring vendor, rather than the lowest cost vendor, based upon a technical evaluation of the vendor’s technical proposal and a cost evaluation. This is referred to as the best value procurement. Through their proposals, vendors offer a solution to the objectives, problem, or need specified in the RFP, and define how they intend to meet (or exceed) the RFP requirements.

SECTION 2: INSTRUCTIONS TO VENDORS SUBMITTING BIDS

Instructions begin on the next page.

Revised 10/17/2024 Request for Proposal

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety.

These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of Vendor’s bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the Solicitation will result in bid disqualification.

3. PRE-BID MEETING: The item identified below shall apply to this Solicitation.

A pre-bid meeting will not be held prior to bid opening

A MANDATORY PRE-BID meeting will be held at the following place and time:

All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one individual is permitted to represent more than one vendor at the pre-bid meeting. Any individual that does attempt to represent two or more vendors will be required to select one vendor to which the individual’s attendance will be attributed. The vendors not selected will be deemed to have not attended the pre-bid meeting unless another individual attended on their behalf.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing. It is the Vendor’s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disqualification of Vendor’s bid.

Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in but are charged with knowing all matters discussed at the pre-bid.

Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this Solicitation to the Purchasing Division. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are non-binding.

Submitted emails should have the solicitation number in the subject line. Question

Submission Deadline:

Submit Questions to:

2019 Washington Street, East Charleston, WV 25305 Fax: (304) 558-3970 Email:

5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Purchasing Division is binding.

6. BID SUBMISSION: All bids must be submitted on or before the date and time of the bid opening listed in section 7 below. Vendors can submit bids electronically through wvOASIS, in paper form delivered to the Purchasing Division at the address listed below either in person or by courier, or in facsimile form by faxing to the Purchasing Division at the number listed below. Notwithstanding the foregoing, the Purchasing Division may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS. The Purchasing Division will not accept bids or modification of bids via email.

March 18, 2025 by 3:00PM EST/EDT

Larry D. McDonnell larry.d.mcdonnell@wv.gov

Bids submitted in paper, facsimile, or via wvOASIS must contain a signature. Failure to submit a bid in any form without a signature will result in rejection of your bid.

A bid submitted in paper or facsimile form should contain the information listed below on the face of the submission envelope or fax cover sheet. Otherwise, the bid may be rejected by the Purchasing Division.

VENDOR NAME:

BUYER:

SOLICITATION NO.:

BID OPENING DATE:

BID OPENING TIME:

FAX NUMBER:

Any bid received by the Purchasing Division staff is considered to be in the possession of the Purchasing Division and will not be returned for any reason.

Bid Delivery Address and Fax Number:

Department of Administration, Purchasing Division 2019 Washington Street East Charleston, WV 25305-0130 Fax: 304-558-3970

For Request for Proposal (“RFP”) Responses Only: Submission of a response to a Request for Proposal is not permitted in wvOASIS. In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal prior to the bid opening date and time identified in Section 7 below, plus convenience copies of each to the Purchasing Division at the address shown below. Additionally, the Vendor should clearly identify and segregate the cost proposal from the technical proposal in a separately sealed envelope.

7. BID OPENING: Bids submitted in response to this Solicitation will be opened at the location identified below on the date and time listed below. Delivery of a bid after the bid opening date and time will result in bid disqualification. For purposes of this Solicitation, a bid is considered delivered when confirmation of delivery is provided by wvOASIS (in the case of electronic submission) or when the bid is time stamped by the official Purchasing Division time clock (in the case of hand delivery or via delivery by mail).

Bid Opening Date and Time:

Bid Opening Location:

Department of Administration, Purchasing Division 2019 Washington Street East Charleston, WV 25305-0130 zero (0)

April 01, 2025 at 1:30PM EST/EDT

8. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be made by an official written addendum issued by the Purchasing Division. Vendor should acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum Acknowledgement Form. Failure to acknowledge addenda may result in bid disqualification.

The addendum acknowledgement should be submitted with the bid to expedite document processing.

9. BID FORMATTING: Vendor should type or electronically enter the information onto its bid to prevent errors in the evaluation. Failure to type or electronically enter the information may result in bid disqualification.

10. ALTERNATE MODEL OR BRAND: Unless the box below is checked, any model, brand, or specification listed in this Solicitation establishes the acceptable level of quality only and is not intended to reflect a preference for, or in any way favor, a particular brand or vendor. Vendors may bid alternates to a listed model or brand provided that the alternate is at least equal to the model or brand and complies with the required specifications. The equality of any alternate being bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model or brand shall clearly identify the alternate items in its bid and should include manufacturer’s specifications, industry literature, and/or any other relevant documentation demonstrating the equality of the alternate items. Failure to provide information for alternate items may be grounds for rejection of a Vendor’s bid.

This Solicitation is based upon a standardized commodity established under W. Va. Code § 5A-3-61. Vendors are expected to bid the standardized commodity identified. Failure to bid the standardized commodity will result in your firm’s bid being rejected.

11. COMMUNICATION LIMITATIONS: In accordance with West Virginia Code of State Rules §148-1-6.6.2, communication with the State of West Virginia or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through the Purchasing Division, is strictly prohibited without prior Purchasing Division approval. Purchasing Division approval for such communication is implied for all agency delegated and exempt purchases.

12. REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered with the West Virginia Purchasing Division and must have paid the $125 fee, if applicable.

13. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.

14. PREFERENCE: Vendor Preference may be requested in purchases of motor vehicles or construction and maintenance equipment and machinery used in highway and other infrastructure projects. Any request for preference must be submitted in writing with the bid, must specifically identify the preference requested with reference to the applicable subsection of West Virginia Code § 5A-3-37, and must include with the bid any information necessary to evaluate and confirm the applicability of the requested preference. A request form to help facilitate the request can be found at: www.state.wv.us/admin/purchase/vrc/Venpref.pdf.

15A. RECIPROCAL PREFERENCE: The State of West Virginia applies a reciprocal preference to all solicitations for commodities and printing in accordance with W. Va. Code § 5A-3-37(b). In effect, non-resident vendors receiving a preference in their home states, will see that same preference granted to West Virginia resident vendors bidding against them in West Virginia. Any request for reciprocal preference must include with the bid any information necessary to evaluate and confirm the applicability of the preference. A request form to help facilitate the request can be found at:

www.state.wv.us/admin/purchase/vrc/Venpref.pdf.

15. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES:

For any solicitations publicly advertised for bid, in accordance with West Virginia Code §5A- 3-37 and W. Va. CSR § 148-22-9, any non-resident vendor certified as a small, women-owned, or minority-owned business under W. Va. CSR § 148-22-9 shall be provided the same preference made available to any resident vendor. Any non-resident small, women-owned, or minority- owned business must identify itself as such in writing, must submit that writing to the Purchasing Division with its bid, and must be properly certified under W. Va. CSR § 148- 22-9 prior to contract award to receive the preferences made available to resident vendors.

16. WAIVER OF MINOR IRREGULARITIES: The Director reserves the right to waive minor irregularities in bids or specifications in accordance with West Virginia Code of State Rules § 148-1-4.7.

17. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in wvOASIS can be accessed and viewed by the Purchasing Division staff immediately upon bid opening. The Purchasing Division will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable. A vendor will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid. A Vendor may be required to provide document passwords or remove access restrictions to allow the Purchasing Division to print or electronically save documents provided that those documents are viewable by the Purchasing Division prior to obtaining the password or removing the access restriction.

18. NON-RESPONSIBLE: The Purchasing Division Director reserves the right to reject the bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules § 148- 1- 5.3, when the Director determines that the vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.”

19. ACCEPTANCE/REJECTION: The State may accept or reject any bid in whole, or in part in accordance with W. Va. Code of State Rules § 148-1-4.6. and § 148-1-6.3.”

20. WITH THE BID REQUIREMENTS: In instances where these specifications require documentation or other information with the bid, and a vendor fails to provide it with the bid, the Director of the Purchasing Division reserves the right to request those items after bid opening and prior to contract award pursuant to the authority to waive minor irregularities in bids or specifications under W. Va. CSR § 148-1-4.7. This authority does not apply to instances where state law mandates receipt with the bid.

21. EMAIL NOTIFICATION OF AWARD: The Purchasing Division will attempt to provide bidders with e-mail notification of contract award when a solicitation that the bidder participated in has been awarded. For notification purposes, bidders must provide the Purchasing Division with a valid email address in the bid response. Bidders may also monitor wvOASIS or the Purchasing Division’s website to determine when a contract has been awarded.

22. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the specifications that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or modifications of a requirement or term and condition of the Solicitation may result in bid disqualification.

SECTION 3: GENERAL TERMS AND CONDITIONS

Terms and conditions begin on the next page.

GENERAL TERMS AND CONDITIONS:

1. CONTRACTUAL AGREEMENT:

2. DEFINITIONS:

2.1. “Agency” “Agencies”

2.2. “Bid” “Proposal”

2.3. “Contract”

2.4. “Director”

2.5. “Purchasing Division”

2.6. “Award Document”

2.7. “Solicitation”

2.8. “State”

2.9. “Vendor” “Vendors”

Request for Proposal

3. CONTRACT TERM; RENEWAL; EXTENSION:

Term Contract

Initial Contract Term:

Renewal Term:

Alternate Renewal Term

Delivery Order Limitations:

Fixed Period Contract:

three (3) two (2)

Fixed Period Contract with Renewals:

One-Time Purchase:

Construction/Project Oversight:

Other:

4. AUTHORITY TO PROCEED:

5. QUANTITIES:

Open End Contract:

Service:

Combined Service and Goods:

One-Time Purchase:

Construction:

6. EMERGENCY PURCHASES:

7. REQUIRED DOCUMENTS:

LICENSE(S) / CERTIFICATIONS / PERMITS:

8. INSURANCE:

Commercial General Liability Insurance

Automobile Liability Insurance

Professional/Malpractice/Errors and Omission Insurance

Commercial Crime and Third Party Fidelity Insurance

Cyber Liability Insurance

Builders Risk Insurance

Pollution Insurance

Aircraft Liability

Request for Proposal

$1,000,000.00

$1,000,000.00

9. WORKERS’ COMPENSATION INSURANCE:

10. VENUE:

11. LIQUIDATED DAMAGES:

12. ACCEPTANCE:

13. PRICING:

14. PAYMENT IN ARREARS:

15. PAYMENT METHODS:

16. TAXES:

17. ADDITIONAL FEES:

18. FUNDING:

19. CANCELLATION:

20. TIME:

21. APPLICABLE LAW:

22. COMPLIANCE WITH LAWS:

SUBCONTRACTOR COMPLIANCE:

23. ARBITRATION:

24. MODIFICATIONS:

25. WAIVER:

26. SUBSEQUENT FORMS:

27. ASSIGNMENT:

28. WARRANTY:

29. STATE EMPLOYEES:

30. PRIVACY, SECURITY, AND CONFIDENTIALITY:

31. YOUR SUBMISSION IS A PUBLIC DOCUMENT:

32. LICENSING:

SUBCONTRACTOR COMPLIANCE:

33. ANTITRUST:

34. VENDOR NON-CONFLICT:

35. VENDOR RELATIONSHIP:

36. INDEMNIFICATION:

37. NO DEBT CERTIFICATION:

38. CONFLICT OF INTEREST:

39. REPORTS:

40. BACKGROUND CHECK:

41. PREFERENCE FOR USE OF DOMESTIC STEEL PRODUCTS:

42. PREFERENCE FOR USE OF DOMESTIC ALUMINUM, GLASS, AND STEEL:

43. INTERESTED PARTY SUPPLEMENTAL DISCLOSURE:

44. PROHIBITION AGAINST USED OR REFURBISHED:

45. VOID CONTRACT CLAUSES:

46. ISRAEL BOYCOTT:

DESIGNATED CONTACT:

CERTIFICATION AND SIGNATURE:

wv

By signing below, I further certify that I understand this Contract is subject to the provisions of West Virginia Code § 5A-3-62, which automatically voids certain contract clauses that violate State law; and that pursuant to W. Va. Code 5A-3-63, the entity entering into this contract is prohibited from engaging in a boycott against Israel.

SECTION 4: PROJECT SPECIFICATIONS

4.1. Background and Current Operating Environment:

The West Virginia Vertical Real Estate Management and Availability Act (the Act) was signed into law as §31G-5 of the Code of West Virginia on March 25, 2020. The Act establishes a process for the State to leverage its vertical real estate to promote broadband access while generating revenue for reinvestment in those assets. The Act defines vertical real estate as “any communication or broadcast tower, or any other structure or similar installation mounted on a rooftop or other prominent place, and any other such facilities associated with that structure, upon which is suitable to mount communications equipment thereon, and the associated ground facilities necessary to accommodate that communications purpose, or other real estate suitable for the installation of a telecommunications vertical asset…” The Act also requires the solicitation of a private sector Partner to manage and promote the use of the State’s vertical real estate and requires the State to receive a share of the tower space leasing fees.

All revenue derived from the management of the vertical real estate will be deposited into the Technology Infrastructure Reinvestment Fund. Expenditures from the fund will be made by the Agency for the purpose of reinvestment in the vertical real estate or technology infrastructure supporting broadband on state-owned property.

The Agency will compensate the private sector Partner as per the contract and then on June 30 each year distribute any funds received in excess of the compensation due to the Partner as follows:

1. Fifty percent to the Technology Infrastructure Reinvestment Fund,

2. Fifty percent will go to the Broadband Expansion Fund established in §31G-1-5 of the code in control of the

Broadband Enhancement Council with the specific purpose of:

a. Funding the ongoing operations of the Broadband Enhancement Council, and

b. To provide funds to match federal grants.

Counties, municipalities and other political subdivisions, as applicable, may join or participate in an awarded agreement with a successful private sector Partner under the same terms and conditions: Provided, that distribution of funds attributable to their assets may be expended at the discretion of their governing body.

The State is issuing this request for proposals (RFP) for a Partner from the private sector (hereinafter, “Partner”) to assist in implementing the Act. The Partner will market the state-owned vertical assets and establish lease agreements with companies (hereinafter, “Lessee”) to provide broadband services. In the lease agreement, the State will be the Lessor and part-owner of the contract. The State’s goals are, and the Partner shall, as more fully described in this

RFP:

1. Make available existing and future excess State-owned tower capacity by managing leases, which will include facilitating the installation of lessee equipment, completing site analysis, and additional measures outlined in this RFP.

2. Facilitate discussions and development regarding State-owned property that might accommodate new vertical real estate for telecommunications purposes.

3. Develop a program to incorporate available excess tower capacity owned by local governments into the program.

4. Promote tower capacity around the State to the telecommunications industry to support rural broadband deployment and economic development.

5. Provide additional engineering and advisory services regarding vertical real estate as requested by State agencies.

The awarded Partner will work with the West Virginia Office of Technology (WVOT), which will act as the State’s representative and internal advocate for the program.

Upon award and signed Non-Disclosure Agreement, the Partner will receive access to the full details of the State’s Real Estate Asset Inventory List in accordance with the information and procedures outlined in Attachment B.

4.2. Project Goals and Mandatory Requirements: Vendor should describe its approach and methodology to provide the service or solving the problem described by meeting the goals/objectives identified below.

Vendor’s response should include any information about how the proposed approach is superior or inferior to other possible approaches.

4.2.1. Goals and Objectives – The project goals and objectives are listed below.

4.2.1.1. The State desires the most effective and cost beneficial approach.

Prospective Partners should propose a standard method of valuation of space on each tower for the reach and the numbers of populations served by the asset. The Prospective Partner should include its approach, methodology, and explain why its approach is superior to other approaches that may be proposed by competitors.

4.2.1.2. For purposes of its proposal, the Prospective Partner should detail its proposed marketing plan and provide a copy of the marketing plan, describing how it will: market all assets in general, how it will market assets in counties with poor coverage, and how it will market the program to local governments. Prospective partners should provide the State with the details of how it intends to market the project, the medium(s) which will be used, any advertising efforts, and other marketing strategies that would help the State achieve its goals.

4.2.1.3. The Prospective Partner should detail its approach to how it would incorporate local government assets into the real estate inventory for the program. Prospective Partner should include any requirements of the State or local governments, the processes which the Prospective Partner would use to include local government assets and any other details that highlights its methodology.

4.2.1.4. Prospective Partner should detail its proposed implementation plan. This plan should include, at a minimum, a general program development plan highlighting how it intends to meet the State's goals, the types of software/technologies it will employ, a task breakdown for the first three years of the contract broken down by quarter, and the Prospective Partner's speculative revenue. Prospective Partners should detail in the plans how its approach is superior to others' and highlight any services it can provide to further meet the State's intent listed in 4.2.1.1.

4.2.1.5. Prospective Partner should detail any value-added services that are included as part of the base service, such as, but not limited to, on-call technical evaluations, advisory services for recommendations on how the State can generate additional revenue from the program, as well as other recommendations that would be beneficial to the State.

4.2.1.6. In its bid response, Prospective Partner should provide shared revenue model that proposes how the Partner plans to share leasing revenue with the State, which must include the percentage of lease fees which will constitute the Partner’s compensation and what percentage of the lease fees will be provided to the State and deposited into the Technology Infrastructure Reinvestment Fund.

4.2.1.7. The Prospective Partner should provide a completed tower assessment for review that is representative of the assessments the Partner will conduct in West Virginia. The review should include but not limited to information such as usability and structural limitations.

4.2.1.8. The Prospective Partner should provide regularly scheduled status reports on an ongoing basis for the term of its contract. The schedule will be dictated by the State but should not be less frequent than monthly. In the bid packet, the Prospective Partner should provide examples of each report:

4.2.1.8.1. Monthly Operations Reports - This report should include, at least: details on lessee applications currently in process, applications that resulted in new executed site lease agreements, lessees with new operational equipment on sites, structural analyses, Intermodulation Studies, and integrated as‐built documentation updated during the prior month.

4.2.1.8.2. Monthly Revenue Reports - This report should include details of lease revenue and other fees collected from lessees, revenues paid to the State, and invoices submitted to the State for tower services provided to State agencies.

4.2.1.8.3. Through the duration of the resulting contract, the Partner should submit to WVOT an Incident and Problem Identification Report if an incident has occurred, or a potential problem has been identified that has impacted or may impact State assets and/or other tower lessees. The report should include proposed or completed courses of action to address the incident or problem.

If State action is necessary, the Partner should include recommendations for action in the report.

4.2.2. Mandatory Project Requirements – The following mandatory requirements relate to the goals and objectives and must be met by the Vendor as a part of its submitted proposal. The Vendor should describe how it will comply with the mandatory requirements and include any areas where its proposed solution exceeds the mandatory requirement. Failure to comply with mandatory requirements will lead to disqualification, but the approach/methodology that the vendor uses to comply with, and areas where the mandatory requirements are exceeded, will be included in technical scores where appropriate. The mandatory project requirements are listed below.

4.2.2.1. INTERFERENCE Lessee agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with the existing industry standards set by the Federal Communications Commission (FCC) to any equipment of Lessor or other lessee of the Property which existed on the Property prior to the date of this Agreement is executed by the parties. In the event any after-installed Lessee’s equipment causes such interference, and after Lessor has notified Lessee in writing of such interference, Lessee will take all commercially reasonably necessary actions to correct and eliminate such interference, including but not limited to, at Lessee’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will Lessor be entitled to terminate this agreement or relocate equipment as long as Lessee is making good faith efforts to remedy the interference issue.

However, it is the sole responsibility of Lessee to eliminate said interference and/or replace said equipment within a reasonable time. Lessor agrees that Lessor and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with the existing industry standards to the then existing equipment of the Lessee. The parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.

4.2.2.2. Operations and Reporting Requirements

4.2.2.2.1. Upon award of the contract, the Partner must agree to provide a minimum of 50 percent rental reduction to any entity whose utilization of that vertical real estate is providing broadband access, which is rate unlimited or unthrottled, subject to current load/demand network management. Upon request at any time thereafter the vendor must provide documentation showing the amount of rental reduction.

4.2.2.2.2. Upon award of the contract the Partner will be barred from:

4.2.2.2.2.1. Entering an exclusive arrangement for the right to use the vertical real estate, unless no other entity is interested, the Partner provides evidence to the State supporting that claim, and the State approves the arrangement.

4.2.2.2.2.2. Sharing information, backhaul, or any other resources gleaned from managing the assets with a third party.

4.2.2.2.2.3. Engaging in any preferential treatment to its own operations as a competing provider of wireless broadband access.

4.2.2.2.3. Within 6 months of the award, the Partner shall provide an initial evaluation of each facility included in the State’s portfolio. The contents of each evaluation shall include, at a minimum:

4.2.2.2.3.1. A revised tower inventory drawing: A tower inventory drawing is an elevation drawing that identifies the placement of antennas, radio heads, and other infrastructure that is located on the tower.

The drawing will include the radiation centers of each antenna along with the antenna dimensions. Cabling to tower elements shall be identified. Abandoned, inoperable equipment shall also be included.

4.2.2.2.3.2. The integrated as‐built drawing package: This package will contain the mapping of any ground-based equipment, including equipment structures. For rooftop locations, include drawings of the equipment rooms where the infrastructure is housed or can be housed, and drawings of the rooftop and any penthouses.

Abandoned or inoperable radio infrastructure equipment shall be identified.

4.2.2.2.3.3. Photographs of lessee’s cabinets, equipment, antennas, cable ladders, ice bridges, ice shields, utility meters, demarcation equipment, and at least one photo of the entire tower and, if applicable, the entire compound.

4.2.2.2.3.4. Tower attachment data sheet: The data sheet should consist of the manufacturer’s cut sheets for all antennas, radio heads, and other tower electronics. Electrical specifications such as power consumption, antenna gain, and Effective Isotropic Radiated Power (EIRP) shall also be included. Mechanical specifications such as length, width, height, and weight of each component shall also be included.

4.2.2.2.3.5. A revised structural analysis: American National Standards Institute/ Telecommunications Industry Association (ANSI/TIA) Standard 222‐Rev H Risk Category III is the governing standard for all future structural analysis. If the structural analysis indicates that the tower will not support the load of a minimum of three national carriers’ standard infrastructure including but not limited to antennas, radio heads, tower electronics, and cabling; a work plan to reinforce the tower to meet this requirement with costs shall be provided.

4.2.2.2.4. Upon award of the contract, the Partner must attend Quarterly Progress Meetings remotely or at a location determined by WVOT. These meetings will focus on marketing progress and strategies, technical and quality assurance issues, and revenue trends.

4.2.2.2.5. Upon completion or termination of the Contract, the Partner must, at no additional cost:

4.2.2.2.5.1. Submit a Final Report that includes all outstanding monthly reports.

4.2.2.2.5.2. Complete the following tasks to ensure a smooth transition to the successor entity that manages tower leases: the return of all State materials, the return of keys and tower site access documentation, a final update and return of all State tower records, disbursement of all revenues owed to the State, submission of final invoices to the State for services rendered, and all other applicable tasks. The Partner will also ensure all lessees’ lease agreements are formally transferred to the successor entity.

4.2.2.3. Managing Tower Site Lease Agreements

4.2.2.3.1. Tower Records

4.2.2.3.1.1. Upon contract award, the Partner must create and keep a current

Tower Record for each tower included in the portfolio. The Tower Record must include all information currently maintained by the

State as well as all additional information needed by the Partner, as determined and implemented by the Partner, to fulfill the agreement resulting from this RFP.

4.2.2.3.1.2. The Partner may integrate the Tower Record into its existing information management system. However, the information must be readily accessible by, and exportable to, the State. Should the Partner choose to utilize its existing information management system for Tower Records, the Partner must provide the State with on-demand access to the State's records and allow the State to export any records for its system. If the Partner will not utilize its current information management system, it must detail how it will house State records, how it will provide the State with access to those records, and what security controls are in place to protect State records; and agree that the State can export the records. In all cases, the State will fully own all data and records gathered under the scope of this agreement.

4.2.2.3.1.3. Upon contract award, the Partner must provide comprehensive assessments of tower resources. The assessment shall include, but not be limited to, structural analysis, tower loading, and revised as‐ built drawings; strengths, weaknesses, licensable assets, and potential improvements of the tower; and strategies for handling new lessee requests that may exceed tower capacity.

4.2.2.3.1.4. WVOT may request assessments of new State and non‐State sites and reserves the right to include additional sites in the Partner’s portfolio.

4.2.2.4. Update of Engineering and Equipment Records

4.2.2.4.1. Upon completion of the engineering, modification, and installation tasks described, the Partner must provide WVOT with updated documentation within ten (10) business days of completing the installation of equipment. The site‐ specific documentation must include, but is not limited to:

4.2.2.4.1.1. A revised tower inventory drawing;

4.2.2.4.1.2. The integrated as‐built drawing package;

4.2.2.4.1.3. Photographs of the lessee’s cabinets, equipment, antennas, cable ladders, ice bridges, ice shields, utility meters, demarcation equipment, and at least one photo of the entire tower and, if applicable, the entire compound;

4.2.2.4.1.4. Tower attachment data sheet; and

4.2.2.4.1.5. A revised structural analysis using ANSI/TIA Standard 222‐Rev H

Risk Category III.

4.2.2.5. Lease Agreements

4.2.2.5.1. Application review process

4.2.2.5.1.1. The Partner shall conduct an application review process for each

Applicant that will ensure (1) the Applicant’s intended use is consistent with laws and policies applicable to State property and public safety telecommunications sites, including but not limited to the West Virginia Vertical Real Estate Act, the requirements of this

RFP and any subsequent agreement between the Partner and the State, and the Federal Communications Commission, and (2) the Applicant has the financial and operational capacity to fulfill the proposed lease agreement terms.

4.2.2.5.1.2. As part of the application review process, the Partner must create and provide a template detailing the Applicant and the project information to WVOT for review and comment within ten (10) business days of receipt of an application. The State reserves the right to (1) request additional information regarding the Applicant and application review, including the right to request or conduct a background check on the Applicant and (2) deny access to any Applicant.

4.2.2.5.1.3. An example of the template for the application review process must be provided upon request.

4.2.2.6. Tower Site Lease Agreements

4.2.2.6.1. The Partner will execute a Lease Agreement directly with each approved Applicant. A copy of the executed Lease Agreement must be provided to the State within ten (10) business days after execution.

4.2.2.6.2. The basic Lease Agreement that will be used by the Partner must contain a provision that permits the transfer of the remaining term of each lessee’s lease from the Partner to the State, or a successor Contractor chosen by the State, when the State’s Contract with the Partner expires or is terminated.

4.2.2.6.3. The Lease Agreement must provide that all recurring charges are included in the monthly lease payment.

4.2.2.6.4. The State will maintain site access roads according to the provisions already in place with the various agencies/entities that own the sites. However, the State reserves the right to reopen financial negotiations regarding access road maintenance after the first year of the Contract should deterioration of site access roads due to excessive wear and tear occur. This determination will be solely at the State’s discretion.

4.2.2.7. Compliance

4.2.2.7.1. All lease agreements are subject to § 148 CSR 19: Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units.

4.2.2.8. Effective Date of Lease Agreement

4.2.2.8.1. The terms of the Lease Agreement, including the obligation for monthly lease payments, will commence upon execution by the Partner and the lessee. The Partner shall provide a finalized copy of all leases to WVOT.

4.2.2.8.2. The Partner shall conduct or manage all tasks related to the installation and connection of lessee’s equipment, including compliance with all applicable regulations, and adherence to industry standards.

4.2.2.8.3. The State may request the Partner to conduct permitting and engineering, tower modification services, or other services on behalf of State agencies, departments, commissions, and authorities that are adding or modifying their communications equipment at the tower site. The Partner will not be the exclusive provider of these services for State agencies, departments, commissions, and authorities.

Services provided include, but will not be limited to, the following:

4.2.2.8.3.1. The Partner will coordinate lessee requests for additional resources and services from the State such as emergency power, compound space for equipment cabinets, and tower monitoring.

These requests will be considered and negotiated on a case‐by‐ case basis.

4.2.2.8.3.2. The Partner will coordinate and facilitate access to State towers, compounds, and equipment by contractors licensed in the State of West Virginia and utility companies involved with the lessee’s engineering and equipment installation.

4.2.2.8.3.3. The lessee is responsible for arranging separately metered utility services. The State shall not be responsible for the arrangement or costs of any upgrade of utility service (such as new transformers) to accommodate new lessees.

4.2.2.8.3.4. The Partner must ensure all necessary permits and engineering are completed prior to the lessee’s equipment installation and be available upon request.

4.2.2.8.3.5. Engineering services must be provided by Contractors licensed in the State of West Virginia and license must be available upon request.

4.2.2.8.3.6. Contractors providing engineering services cannot perform work without the prior written approval of WVOT. The Partner must forward to WVOT within ten (10) business days of the application’s approval copies of all documentation the Partner required the Applicant to submit as part of the pre‐installation engineering evaluation.

4.2.2.9. Permitting and engineering services shall include the following:

4.2.2.9.1. For existing towers:

4.2.2.9.1.1. A Structural Analysis in accordance with American National Standards Institute/ Telecommunications Industry Association (ANSI/TIA) Standard 222‐Rev H Risk Category III.

4.2.2.9.2. For new towers:

4.2.2.9.2.1. An initial structural analysis based on ANSI/TIA Standard 222‐

Rev H Risk Category III.

4.2.2.9.2.2. A site survey in support of new tower construction performed in accordance with the Federal Aviation Administration (FAA) Order 8260.19D, Appendix 3 to Obstacle Accuracy Code tolerance 2 for horizontal and C for vertical.

4.2.2.9.2.3. For both existing and new towers:

4.2.2.9.2.3.1. A proposed tower modification design if the structural analysis fails.

4.2.2.9.2.3.2. An intermodulation study to ensure an Applicant’s proposed frequencies will not interfere with frequencies presently operating on or immediately adjacent to a State tower.

4.2.2.9.2.3.3. If applicable, a Maximum Permissible Exposure analysis.

4.2.2.9.2.3.4. If applicable, Environmental Impact studies.

4.2.2.9.2.3.5. A red-lined as‐built site plan, including redlined tower load drawings.

4.2.2.9.2.3.6. Obtaining zoning approval from local governing agencies, which may require attendance at public meetings.

4.2.2.9.2.3.7. Obtaining building and electrical permits from local governing agencies, which may require attendance at public meetings.

4.2.2.10. Modification to Tower Sites

4.2.2.10.1. If one or more deficiencies are identified during the permit and engineering phase, the Partner can propose modification(s) to a State tower site and a work plan that will facilitate the new lessee equipment. Modifications and work plans will be subject to written approval by WVOT.

4.2.2.10.2. Unless otherwise negotiated at the beginning of this contract, all costs associated with tower modifications to accommodate new lessees are the responsibility of the Partner and/or lessee. All tower site modifications must be performed by contractors licensed in the State of West Virginia.

4.2.2.10.3. The services under this RFP are limited to permitting and engineering. The Partner shall not perform under this RFP general maintenance and construction services, such as repairs of guide wires or foundations or constructing new towers. The state will contract for these services separately pursuant of WV code 5-22-1.

4.2.2.11. Equipment Installation and Integrity

4.2.2.11.1. The Partner must ensure all equipment is properly installed by contractors licensed in the State of West Virginia and has no detectable effects on existing tower lessees. Specific tasks include but are not limited to:

4.2.2.11.1.1. Installation of lessee’s equipment.

4.2.2.11.1.2. Quality assurance inspections of lessee’s equipment.

4.2.2.11.1.3. Written attestation that the equipment is properly installed.

4.2.2.11.1.4. Resolve any disputes between lessees, such as interference between transmitters.

4.2.2.12. Current and Future State Tower Load Analysis

4.2.2.12.1. The Partner must provide the following:

4.2.2.12.1.1. Tower analysis to include current loading at the time of the lessee’s application that also includes any planned future State loading.

4.2.2.12.1.2. Tower analysis of total loading after installation of lessee’s equipment that also includes any planned future State loading.

4.3. Qualifications and Experience: Vendor should provide information and documentation regarding its qualifications and experience in providing services or solving problems similar to those requested in this RFP.

Information and documentation should include, but is not limited to, copies of any staff certifications or degrees applicable to this project, proposed staffing plans, descriptions of past projects completed (descriptions should include the location of the project, project manager name and contact information, type of project, and what the project goals and objectives where and how they were met.), references for prior projects, and any other information that vendor deems relevant to the items identified as desirable or mandatory below.

4.3.1. Qualification and Experience Information: Vendor should describe in its proposal how it meets the desirable qualification and experience requirements listed below.

4.3.1.1. The State desires a Partner with experience in the last five years of vertical real estate asset development and management. The partner should demonstrate its experience by providing the State with at least three examples of projects in similar size and scope.

4.3.1.2. The partner should provide contact information for three references where similar work has been done. References must include project point-of-contact email and phone number, and description of the work and project size by dollar value.

4.4. Oral Presentations (Agency Option): The Agency has the option of requiring oral presentations of all

Vendors participating in the RFP process. If this option is exercised, points will be allocated in Section 6.2 below at the time the RFP is issued, or via addendum prior to technical bid opening. During oral presentations, Vendors may not alter or add to their submitted proposal but only clarify information. A description of the materials and information to be presented is provided below:

Materials and Information Requested at Oral Presentation:

4.4.1. In person, 40-minute presentation.

4.4.2. In person, 15-minute question and answer period.

4.4.3. Topics to focus on during the presentation are: Revenue Share and how it is determined, transparency to the state, previous experience, references, qualification and standards used on previous jobs, templates for application review, construction management, marketing for success, and provide examples of incidents or problems during similar contracts and tell how they were handled.

SECTION 5: VENDOR PROPOSAL

5.1. Economy of Preparation: Proposals should be prepared simply and economically providing a concise description of the items requested in Section 4. Emphasis should be placed on completeness and clarity of the content.

5.2. Incurring Cost: Neither the State nor any of its employees or officers shall be held liable for any expenses incurred by any Vendor responding to this RFP, including but not limited to preparation, delivery, or travel.

5.3. Proposal Format: Vendors should provide responses in the format listed below:

5.3.1. Two-Part Submission: Vendors must submit proposals in two distinct parts: technical and cost.

Technical proposals must not contain any cost information relating to the project. The cost proposal must contain all cost information and must be sealed in a separate envelope from the technical proposal to facilitate a secondary cost proposal opening.

5.3.2. Title Page: State the RFP subject, number, Vendor’s name, business address, telephone number, fax number, name of contact person, e-mail address, and Vendor signature and date.

5.3.3. Table of Contents: Clearly identify the material by section and page number.

5.3.4. Response Reference: Vendor’s response should clearly reference how the information provided applies to the RFP request. For example, listing the RFP number and restating the RFP request as a header in the proposal would be considered a clear reference.

Proposal Submission: All proposals (both technical and cost) must be submitted to the Purchasing Division prior to the…