CAMERON COUNTY

PURCHASING DEPARTMENT

INVITATION TO RFP

RFP NUMBER # 230102

RFP TITLE: COUNTY WIDE BROADBAND EXPANSION

DATE DUE: March 14, 2023 DUE NO LATER THAN 3:00 P.M.

RFPs will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date.

RFPs received later than the date and time above will not be considered.

Please return RFP ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) of your proposal for review by evaluation committee in a sealed envelope. Be sure that return envelope shows the RFP Number, Description and is marked “SEALED RFP”.

RETURN RFP TO:

by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.)

1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520.

For additional information, clarifications and/or questions or to request addendum please contact: Ignacio Amezcua or Roberto Luna at (956) 544-0871, E-mail: purchasing@cameroncounty.com.

YOU MUST SIGN BELOW IN INK. FAILURE TO SIGN WILL DISQUALIFY THE OFFER. All prices must be typewritten or written in ink.

Company Name: ___________________________________________________________________________________

Company Address: ____________________________________________________________________________

City, State, Zip Code: ____________________________________________________________________________

Telephone No.____________________________Fax No._____________________e-mail_________________________

Historically Underutilized Business (State of Texas) Certification VID Number: _________________________________

Print Name: ________________________________________Signature: ______________________________________

How did you find out about this RFP? ________________________________________ (ex: Newspaper, Web, Mail)

Is Proposer’s principal place of Business within Cameron County? Yes - No (Your signature attests to your offer to provide the goods and/or services in this RFP according to the published provision of this bid.

When an award letter is issued, this RFP becomes the contract. If a RFP required specific Contract is to be utilized in addition to this RFP, this signed RFP will become part of that contract. When an additional Contract is required a RFP award does not constitute a contract award and RFP / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued.

mailto:purchasing@cameroncounty.com

RFP # 230102 COUNTY WIDE BROADBAND EXPANSION

CHECK LIST

Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Proposer’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your RFP packet.

_X__ Cover Sheet

Your company name, address and your signature (IN INK) should appear on this page.

_X__ Instructions to Proposers

You should be familiar with all of the Instructions to Proposers.

_X__ Special Requirements

This section provides information you must know in order to make an offer properly.

_X__ Specifications / Scope of Work

This section contains the detailed description of the product/service sought by the County.

Attachments

_X__ Attachments A, B, C, D, E, F, G, H , I

Be sure to complete these forms and return with packet.

____ Minimum Insurance Requirements

Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110

This requirement is applicable for a building or construction contract.

____ Financial Statement

When this information is required, you must use this form.

Other - Final reminders to double check before submitting RFP

____ Is your RFP sealed with RFP #, title, Proposer’s Name, & return address, on outside?

____ Did you complete, sign and submit page 1?

____ Did you provide the number of copies as required on the cover page?

____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

If not interested in responding please let us know why e-mail to: Purchasing@co.cameron.tx.us https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ mailto:Purchasing@co.cameron.tx.us

RFP # 230102

INSTRUCTIONS FOR SUBMITTING RFP’S

These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Proposers”) on behalf of Solicitations including, but not limited to, Invitations to RFP and Requests for Quotes.

Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your RFP with all appropriate supplements and/or samples. Prior to returning your sealed RFP response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

Addendums Column (updated Addendums). These Addendums must be signed and returned with your RFP in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual RFP award information can be accessed at:

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy.

Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy.

GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the Proposer as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any RFP NOT MEETING the Minimum Requirements specified will be rejected.

GOVERNING LAW: This invitation to RFP is governed by the competitive RFP requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this RFP, the Change(s) and addition(s) will be forwarded to all vendors involved as quickly as possible in the form of a written addendum only.

Verbal changes to RFP’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to RFP will not apply.

Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, G, H, I and return all with your RFP.

CONFLICT OF INTEREST QUESTIONNAIRE:

For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter §176 of the Local Government Code by a person doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section §176.006, Local Government Code. A person commits an offense if the person violates Section §176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section §176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions.

can be downloaded at the following web site:

https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf

DISCLOSURE OF INTERESTS:

This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed.

Every question must be answered. If the question is not applicable, answer with “N/A.”

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions.

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf can be downloaded at the following web site:

https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf

TEXAS ETHICS COMMISSION FORM 1295

All RFPs prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor.

All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of RFP award. There is no charge for this TEC online process.

Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions.

tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/

PROPOSER SHALL SUBMIT RFP ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE RFP PACKET.

In the event of inclement weather and County Offices are officially closed on a Proposal deadline day, RFP’s will be received unit 2:00 p.m. of the next business day. Proposals will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock.

RFP’s SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID

AND UNACCEPTABLE.

PRESENTATIONS SEQUENCE TO EVALUATION COMMITTEE. Presentations to Evaluation Committee will be sequenced (in order) as determined by the utilization of RANDOM.ORG. Process will be conducted in the Purchasing Dept. with Auditor’s designee present.

SUCCESSFUL PROPOSERS WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of award.

PROPOSERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding proposers are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: https://www.cameroncountytx.gov/commissioners-court-agendas/

OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other proposers, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your RFP package.

PLEASE NOTE CAREFULLY

THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR RFP. ITEMS BELOW APPLY TO AND BECOME A PART OF

TERMS AND CONDITIONS OF RFP. ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only)

MUST BE SUBMITTED Each RFP shall be placed in a separate envelope completely and properly identified with the name and number of the RFP. RFP’s must be in the Purchasing Department BEFORE the hour and date specified.

2. RFP’s MUST give full firm name and address of the Proposer. Failure to manually sign RFP will disqualify it. Person signing RFP should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT.

3. RFP’s CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by Proposer or his authorized agent. No RF\Q can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason.

4. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RFP. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent.

5. Any Catalog, brand name or manufacturer’s reference used in a RFP invitation is descriptive-NOT restrictive-it is to indicate type and quality desired. RFP’s on brand of like nature and quality will be considered. If RFP is based on other than reference specifications, proposal must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete descriptions should be made part of the RFP. If Proposer takes no exception to specifications or reference data, he will be required to furnish brand names, numbers, etc. as specified.

https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/ https://www.cameroncountytx.gov/commissioners-court-agendas/

6. Written and verbal inquires pertaining to RFP’s must give RFP Number and Company.

7. NO substitutions or cancellations permitted without written approval of Purchasing Agent.

8. The County reserves the right to accept or reject all or any part of any RFP, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total RFP. County also reserves the right to award either with or without trade-in, if applicable.

Cameron County retains the option to re-solicit at any time if in its best interest and is not automatically bound to renewal or re-solicitation.

The County reserves the right to hold all RFPs for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this RFP award) as the need arises. The County also reserves the right to consider utilizing CO-OP Interlocal Agreements if determined to be more advantageous to the County.

9. This is an RFP inquiry only and implies no obligation on the part of Cameron County.

10. Partial RFP’s will not be accepted unless awarded by complete category or line item.

11. If PROPOSER takes exception to specifications or reference data, he will be required to provide details etc. as specified.

12. It is expected that the Proposer will meet all state and federal safety standards and laws in effect on the date of the RFP for the item(s) being specified, and the particular use for which they are meant.

13. It is the responsibility of the proposer to ask any and all questions the proposer feels to be pertinent to the proposal. Cameron County shall not be required to attempt to anticipate such questions for proposers. Cameron County will endeavor to respond promptly to all questions asked.

14. Cameron County reserves the right to test equipment, supplies, material and goods proposed for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or service fail to meet requirements and/or be unavailable for evaluation, the proposal is subject to rejection.

16. The County shall have the right to inspect the goods at delivery before accepting them.

PURCHASE ORDER AND DELIVERY: The successful PROPOSER shall not deliver products or provide services without a contract approved by the Cameron County Commissioners Court and a Cameron County Purchase Order signed by an authorized agent of the Cameron County Purchasing Department.

This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly.

NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward.

PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be affected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”.

DELIVERY TERMS AND TRANSPORTATION CHARGES: RFP must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates Proposer to complete delivery in 24 hours. A five-day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause RFP to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Proposer list.

An accurate delivery date must be quoted on the “RFP Form”. When there are various items, a delivery date must be included with each item quoted.

Freight and shipping charges to Cameron County must be included in the RFP price. Final location will be supplied to the vendor on award of RFP, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO). Specify all (various) dates by categories or item if different.

If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor.

Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in RFP.

VARIATON IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery.

INSPECTION: Upon receiving item(s), they will be inspected for compliance with the RFP Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery.

All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in RFP. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense. Cameron County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a RFP item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the RFP as inadequate.

TESTING: Cameron County reserves the right to test equipment, supplies, material and goods Proposed for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the RFP is subject to rejection. County user Dept.(s) reserves the right to make the final determination as to equivalents.

SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such.

INVOICES AND PAYMENTS: (a) Vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery.

Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN:

Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery. Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required.

Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction.

Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services.

Vendor shall submit two (2) copies of an itemized invoice showing RFP number and purchase order number to:

CAMERON COUNTY AUDITOR

ACCOUNTS PAYABLE

1100 EAST MONROE ST.,

BROWNSVILLE, TEXAS 78520

Please note that any payment due under this RFP award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County.

PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice.

All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this RFP in excess of the amounts quoted.

CATEGORY A

CAMERON COUNTY, TEXAS

REQUEST FOR QUALIFICATIONS

COUNTY WIDE BROADBAND EXPANSION

RFP # 230102

You are invited to submit Qualifications for providing COUNTY WIDE BROADBAND EXPANSION services within Cameron County, to meet the needs of Government, Residential and Business subscribers. A Broadband Feasibility study was completed in preparation for this RFP with a full Needs and Gaps Analysis, High Level Network Considerations and Requirements, and Implementation Recommendations. Cameron County is seeking qualified broadband infrastructure and internet service providers to participate in a Public Private Partnership to address the needs and gaps as identified in the study to enhance the state of broadband within the County and provide a foundation for Digital Equity.

The RFP is particularly interested in Proposers’ ability to meet the funding eligibility requirements set for in the American Rescue Plan Act of 2021 (ARPA) Please see Appendix A “ FHWA 1273” & Appendix B “Super Circular- Procurement Standards 2 CFR Parts 200.317 – 200.327”

Cameron County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) as amended.

1. Introduction

1.1 Network Background

Cameron County is requesting qualifications from Vendors to build, manage and operate a next generation communications network (“Network”) that will provide Internet access service to businesses, homes, and community institutions within the Service Area. A baseline of 1 Gbps symmetric service will serve as the definition of “next generation” service for this RFP. Cameron County will provide a variety of forms of support, including (but not necessarily limited to): (i) streamlining access to infrastructure, rights-of-way and inspections; (ii) assistance in demand aggregation; (iii) long-term contracts and support for development of high bandwidth applications to drive adoption; (iv) marketing assistance (including working directly with Vendors, local business leaders and community leaders to increase the revenue opportunities and lower the costs associated with constructing and operating the Network); (v) revising local rules, regulations or requirements to decrease the cost to deploy or operate the Network; and (vi) collaboration with local research and education networks.

The selected Vendor will provide vertically integrated retail services and may operate the Network on a wholesale basis. If it chooses to do so, it will not have to implement an open access requirement to ensure that retail services competitors will be given treatment equal to that it provides to itself. However, the Vendor must not limit the ability of customers to run applications, use services and connect devices of their choice to the Network.

The Vendor will bear all of the costs for the Network, including but not limited to design, engineering, construction, equipment and insurance for the Network, up to the end user drop point or network interface device. In addition, the Vendor will bear all the operating and maintenance costs of the Network. In addition, Vendor should demonstrate a clear upgrade path for the Network to meet future consumer demand and service development needs. Vendor must participate in the Affordable Connectivity Program (ACP) and provide a low-cost option for qualifying households.

Cameron County will not charge Vendor for access to Cameron County’s assets and infrastructure except as set forth herein.

Cameron County intends the Network to serve as a development platform for innovation, next generation application development, workforce development and job creation throughout the Service Area.

1.2 Overview

The County seeks to make available reliable and affordable high-speed internet/broadband services to as many premises in the County as possible, specifically to underserved or unserved households and businesses, defined as those not currently served by a connection that reliably delivers at least 100 Mbps download speed and 100 Mbps upload speed.

The high-speed internet/broadband services shall specifically provide a service designed to reliably meet or exceed a speed of 100 Mbps download and 100 Mbps upload; or in cases where the symmetrical 100/100 Mbps service is not practicable, provide a service designed to reliably meet or exceed 100 Mbps download and at least 20 Mbps upload speeds, and be scalable to a minimum of 100 Mbps download and 100 Mbps upload. Interim Rule, 31 C.F.R § 35.6(e)(2), 86 Fed. Reg. 26786, 26823.

The purpose of the RFP is to seek innovative or traditional internet/broadband solutions from one or more Proposers proposing one or multiple solutions over all or portions of the County. From these RFP responses, the County will select the best Proposer(s), to finalize project details by creation and execution of a contract with the County.

The County does not intend to enter the internet/broadband business as a competitive service provider.

The County does not intend to operate the network enterprise it financially supports through this RFP process. The network enterprise will be owned and operated by the selected Proposer, and/or Proposer’s subcontractor, as per the contract to be negotiated with the County.

If the Proposer is currently providing service in some areas of the County, the County requires that the Proposer provide similar pricing and service tiers for data services for the Assets in the newly served areas.

This request for proposals does not constitute a contract for services performed or to be performed.

The objectives are to establish a Network that:

1. is able to offer retail broadband services with a guaranteed sustained minimum 1 Gbps dedicated symmetrical transmission speed over each connection provided to a premise;

2. is able to support high quality voice, data and video services;

3. uses fiber-to-the-premises network architecture where able;

4. provide a low-cost option for household internet service;

5. is rolled out and made operational progressively, on a demand driven basis, over 5 years from the date of execution of a contract between Cameron County and the Vendor;

6. promotes the long term economic and community interests of Cameron County and end users; and

7. facilitates opportunities for small and medium enterprises (SMEs) and local enterprises to provide services to the community.

2. Scope of work

Vendor shall detail the ability to design, build, install, own, operate and manage the Network. The Network shall have the following features and functionality.

Network Equipment, Design and Technical Specifications.

The Proposer must provide network architecture documentation that shows active equipment locations and where assets will be added.

Network architecture should consider a redundant topology that provides resiliency in the network. While not every component of the network can be redundant, where feasible the Proposer should take steps to make service offerings as resilient as possible.

It is expected that Proposer may have some preexisting core assets (fiber, towers, hut sites, etc.) they intend to utilize in providing services to the proposed service areas. Proposers utilizing pre-existing infrastructure should describe how these Assets fit into their proposed network architecture.

Network Test and Acceptance Standards

The Proposer will be required to demonstrate network performance to specified test standards. These standards will need to be met for services offered and infrastructure built or contracted. Speeds will be tested and proven as negotiated in the contract.

Test standards are outlined in Section 8.

Presence in County

While the successful Proposer will receive a RFP award letter from the County, the County has the option to request best and final offer to the Proposer. The Proposer will be contributing significant capital and operational Assets and shall demonstrate they can successfully deliver internet/broadband where the network is required to offer service.

A significant component of the scoring criteria will be the County’s assessment of the Proposer's proposed presence within the County, demonstrating its ability to provide adequate service and support to its customers.

Network Deployment Timing

The County intends the project be deployed in a continuous fashion commencing immediately upon contract execution.

The County desires that all Rural Internet Connectivity Project(s) be completed prior to September 30, 2026, preferably sooner, or by the negotiated date of the contract with the County. Within their RFP response, Proposer shall provide a proposed schedule for implementation that reflects the most expeditious timeline possible, including engineering, permitting, licensing, construction, and validation.

Public Safety Services

• Dedicated public safety service network

• Secure public safety access

• Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on other public structures)

Retail/Local Services on Integrated Open Network

● Internet access service – residential and business class

● SIP trunking and customized Internet service plans for enterprises and institutions

● Hosted VoIP solutions for small business and residential customers

● Multi-channel video service

● On-demand content delivery

● Customized local content

● Video conferencing

● Hyper-local open technology gateway for local access to cloud-based community application and OTT services

● Support for community innovation research and development efforts

Community Services on Network

● Cooperation on development and implementation of a “Smart Grid” program for stakeholders and customers (e.g. digital technology that allows for two-way communication between the utility and its customers and the sensing along transmission lines

● Community public service video channels

● Dedicated community health services network

● Health information exchange with secure media access

● Patient center managed telemedicine services o Secure portal o EMR data extraction from EMR systems (e.g., EPIC, Cerner, etc.)

o Institutional/physician/clinic/home based access o Community health kiosks o Managed home health service portfolio o Physician-patient secure video network access

● Support for a local application developer community

● Access to cloud-based development environment

● Access to content distribution network (CDN) development and distribution channels

Proposer information requirements, Considerations and Anticipated Contract Terms

The County, at its option, may make a single award for this RFP. The County may also, at its option, make multiple awards. The contract may be awarded on the merits of the whole proposal or only a part of it. By submission of a proposal, each Proposer offers or acknowledges the right of the County to make the award, which is in its best interest. The County may also make no award after the completion of this RFP process.

There is no guarantee a contract will successfully be awarded related to a winning Proposer’s response. The County reserves the right to cancel this RFP at any time.

The County is not required to accept the lowest cost proposal.

The County reserves the right to accept any proposal, to reject any or all proposals, to reissue a request for proposals, to waive irregularities and/or informalities in any proposal, and to make the award in any manner deemed in the best interest of the County.

The County reserves the right to reject any proposal if there is cause to believe that such Proposer is not properly qualified to carry out the obligations of the contract and to complete the work contained therein. The County may make such investigation as deemed necessary to determine the ability of the Proposer to perform the work, and the Proposer shall furnish to the County all such information by the date specified by the County.

The County may conduct such investigations as it deems necessary or appropriate to assist in the evaluation of any RFP response and to establish the responsibility, qualifications, and financial ability of the Proposer, their proposed subcontractors, and other persons or organizations submitted within a Proposer’s response to do the work to the County's satisfaction within the prescribed time.

The submission of an RFP response will constitute representation by the Proposer that it understands and has complied with the requirements of the RFP. Submission of a response indicates the RFP information provided was sufficient in scope and detail to convey understanding of anticipated terms and conditions for performance of the work.

While not shown in the schedule above, the County reserves the right to conduct interviews of short- listed Proposer(s) prior to making a final selection.

The information contained in proposals submitted for consideration by the County will be held in confidence only to the extent allowable by law. The County will honor specific requests for confidentiality for information of a proprietary nature only to the extent allowed by law if clearly marked by Proposer as “Proprietary” or “Confidential.”

All proposals become public documents and are subject to public review (upon request and as allowed by law). “Proprietary” or “Confidential” items should be noted and will not be eligible for public review to the extent allowed by law. During the RFP process itself, and until a contract is awarded or this process is canceled, all information and documents received are confidential.

RFP Proposers assume all costs of preparation of the proposal.

Each Proposer may be requested during the scoring process to provide background history, staff resumes, current capabilities, and financial statements. The County may also request information to support Proposer’s track record regarding customer acquisition capabilities and customer service capabilities.

The County may require the successful Proposer(s) to post a letter of credit or performance bond to support its performance obligations. The Proposer shall describe in the RFP response its ability to acquire such surety and denote the limitations of such (e.g., maximum credit lines, bond coverages, etc.)

Startups or new Service Providers with limited performance history are not excluded from participation in the RFP response process;

however, they should anticipate providing similar performance and financial due diligence information upon request.

The County reserves the right as a function of the RFP analysis process to require Proposers to identify the source(s) of Proposer’s share of project funding.

The County reserves the right to contact references as deemed necessary to complete its analysis.

The County acknowledges the potential for a variety of contract frameworks that may result from this RFP process and subsequent contract negotiations; however, any final contract must comply with County requirements.

If chosen for contract negotiation, the selected Proposer candidate must provide a description of all liability and property insurances that would be in place relative to the contract as outlined in this RFP.

The Proposer will be expected to execute a contract within 45 days of notification they have been selected by the County as an awarded candidate. The County reserves the right to select other candidates if a contract is not executed within the 60-day timeline.

The Proposer should expect that disbursement of County capital fund participation will be coordinated with the achievement of specific, mutually agreed-to project milestones. Additionally, a performance bond, construction bond, letter of credit, or other method of surety will be required for all or certain portions of the project scope.

Network Construction Standards

Proposers should expect that upon successful completion of a negotiated contract for deployment of a rural internet/broadband network, and commencement of work by the selected Proposer.

The selected Proposer will fully engineer and permit the project prior to commencement of construction as a function of the negotiated contract.

Deployment of all fiber and fiber-related infrastructure must comply with all National Electrical Contractors Association (NECA) codes and laws at the local, state, federal, and private land levels as they pertain to fiber optic installations.

Should wireless technology be selected for deployment, all towers, antennas, and other components utilized to deliver wireless internet/broadband must comply with all FCC regulations regarding tower construction, spectrum registration, and applicable state/county authority over zoning and land use regulations. All newly constructed towers shall become the property of the Proposer;

however, the county reserves the right to attach signal capability for Central Dispatch. This right will expire after 2 years if unused.

No fees may be charged to County for Central Dispatch use the selected Proposer will be expected to have all routes and tower sites surveyed by a licensed surveyor as well as provide the County with GIS/CAD mapping showing the locations of all facilities deployed and service areas of engineered coverage design(s).

Other construction requirements that are the responsibility of the Proposer include:

• Provide the County with periodic reports of monthly activities and progression towards milestones, such reports to include information as negotiated in the contract.

• Work with all appropriate agencies to obtain all required right of way approvals.

• Obtain all required permits and private easement approvals.

• Coordinate project deployment with all utilities.

• Obtain any necessary contractor licensing issued by the Cameron County Building

D e p a r t m e n t / Commission.

• Provide on-site construction inspections to ensure design.

• Coordinate and resolve third party or private claims.

• Repair any and all damages to private property.

• At all times, maintain an adequate staff of experienced and qualified employees for efficient performance.

At all times, furnish or perform any services in a safe, proper, and professional manner.

2.1 Proposer Qualifications

A. Experience in high speed network design and operation – Vendor should provide a statement of experience highlighting [at least 3] similar network systems that it has designed, constructed and operated, including project name, location, size, technology used, and name and phone number for reference contacts. Also indicate whether each system is owned by the Vendor or another entity.

B. Financial Stability – Vendor shall submit its two most recent annual financial statements in order to permit analysis of its financial resources. If financial statements are unavailable due to confidentiality reasons, submit recent D&B reports. If Vendor is part of a team, the two most recent annual financial statements for each team member should be submitted. If the Vendor’s response includes vendor financing or committed bank or other financing, the two most recent annual financial statements of such equipment vendors and financial institutions should be submitted.

C. Staff Technical and Managerial Experience – include a statement of experience and resumes of the project team, including the project manager and other key personnel who will be assigned to this project. Also include a list of any known or anticipated subcontractors along with their roles and responsibilities.

D. Evidence of Legal Capacity – include copies of Vendor’s most recent federal and Texas annual reports and current licenses to provide telecom/communications services, together with a certification that all Texas business and regulatory registrations/filings/taxes are current, and all internal corporate documents are kept and up to date (e.g. meeting minutes, bylaws, etc.).

https://necanet.org/ https://necanet.org/

3. Administrative Issues

3.1 Availability of the RFP and Amendments

Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the project website at:

https://www.cameroncountytx.gov/purchasing-bids-rfpq-addms-tabs/ Amendments to the RFP will be posted on the project website at: https://www.cameroncountytx.gov/purchasing-bids-rfpq-addms-tabs/ . Any amendments supersede prior provisions and are effective upon posting on the project website, and each potential bidder is responsible for checking the website to learn of any amendments.

3.2 Questions about the RFP

The primary RFP contact for the Cameron County project team is: Mr. Ignacio Amezcua, Cameron County Purchasing Agent, office number: 956-544-0871, e-mail address: Ignacio.amezcua@co.cameron.tx.us

All general correspondence and any questions about this RFP must be submitted in writing to Purchasing Agent via email at:

purchasing@co.cameron.tx.us. The Cameron County project team will not entertain any oral contacts regarding this RFP. The last date for questions will be 5:00 pm Eastern Time on Wednesday, March 1st, 2023. All questions will be considered to be public and released with an answer via addendum at https://www.cameroncountytx.gov/purchasing-bids-rfpq-addms-tabs/ as expeditiously as possible. The identity of the person posing the question will not be disclosed.

Vendors should not contact Cameron County directly. Any attempts to contact Cameron County staff regarding this RFP other than via this email process may be grounds for the Cameron County to reject your submission.

3.3 Additional Material

Vendors are encouraged to review and complete the following material prior to submitting their proposals.

• Broadband Feasibility Report by CobbFendley EXHIBIT “A”

3.4 Proposal Format and Certification

Proposals should be organized as per section 4.0 with responses referencing the appropriate corresponding RFP item(s). Proposers should respond to each item at the level of detail at which each is presented or list a variance with a particular item and propose alternate terms and, as applicable, and supply any supportive detail. Proposals not conforming to the proper format or failure to respond to any required items may result in a Proposer’s disqualification and/or rejection of the proposal. Where the Proposer is requested to supply information, include that information in the body of the proposal, or reference the attachment where it is included.

A duly authorized officer or agent of the Proposer must sign the proposal. Proposals that are not signed will not be considered. In the case where multiple vendors team to present a proposal, a signature by a duly authorized officer or agent of each entity is required on the proposal, though one entity should be designated the lead entity in the proposal. The lead entity will be the contracting Vendor and will be responsible for subcontracting with its partners.

3.5 Project Calendar

Anticipated Event Dates

• RFP Advertised and issued: 1st add on Sunday, February 19, 2023 2nd add on February 26, 2023 Sunday,

• Proposals Due: Tuesday, March 14, 2023

• Proposal Evaluation Completed by: TENTATIVE Week of March 20-24

• Interviews with finalist firms no later than: First week of April

• County Court Agenda presentation to recommend award: April 11, 2023

• Award and Letter of Intent for Contract no later than:

• Selected firm begins work no later than:

• Contract finalized no later than:

• First progress report due:

https://www.cameroncountytx.gov/purchasing-bids-rfpq-addms-tabs/ mailto:Ignacio.amezcua@co.cameron.tx.us mailto:purchasing@co.cameron.tx.us

3.6 Proposal Due Date and Submission

Proposals are due by 3:00 p.m. local time on Tuesday, March 14, 2023.