ESBD_File_341047_RFP 23-204 Published 10-30-2023.pdf

www.bvcog.org

REQUEST FOR PROPOSALS

23-204

“CALL HANDLING EQUIPMENT FOR 9-1-1 SERVICES”

RELEASE DATE: October 30, 2023 DEADLINE FOR QUESTIONS: November 16, 2023

RESPONSE DEADLINE: November 30, 2023, 3:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

OpenGov.com

OR

PAPER RESPONSES MAY BE DELIVERED TO:

Purchasing Solutions Alliance 3991 E. 29th Street Bryan, Texas 77802 http://www.bvcog.org/

Brazos Valley Council of Governments

Request for Proposals Call Handling Equipment for 9-1-1 Services

Table of Contents

1. Introduction

2. RFP Administration

3. Contract Administration

4. Definitions, Abbreviations, and Acronyms

5. General Specifications

6. CHE Performance Standards

7. IP Network Measurement and Reporting Requirements

8. Service Level Requirements and Reporting

9. TriCOG Network Specifications

10. Pricing Requirements

11. Vendor Performance Under Cooperative Contract

12. PSA Terms and Conditions

13. Insurance Requirements for PSA Vendors

14. Proposal Evaluation

15. Instructions for Preparing Proposal

16. Vendor Response

Attachments:

A - Attachment A - Technical Requirements B - Attachment B - Industry Standards C - Attachment C - Offeror_Acknowledgement_&_Certification D - Attachment D - Proposer Certifications 23-204 E - Attachment E - Conflict_of_Interest_Questionnaire F - Attachment F - Sample Contract 23-204 G - Attachment G - Fixed Pricing Matrix H - Attachment H - Discount Pricing Matrix

RFP 23-204

1 Introduction

1.1 Summary

The purpose of this solicitation is to define requirements for National Emergency Number Association (NENA) i3 CHE that will integrate with the existing Motorola VESTA Router Next Generation Core Services (NGCS) solutions.

This RFP is being solicited as a cooperative purchasing contract, available to all PSA members. PSA has over 550 members nationwide of local governments, educational institutions, and nonprofit organizations. Specifically, the TriCOG jurisdiction PSA members will purchase through this solicitation. Note that although this solicitation is available and offered to all PSA members, any additional purchases beyond TriCOG members are not guaranteed. Specific information about the TriCOG networks is provided in TriCOG Network Specifications.

PSA membership is open to all government agencies and non-profit organizations through an Interlocal Purchasing Agreement. PSA membership is free to all participating organizations and has no minimum spending requirements. There is considerable potential sales value in being awarded a competitively bid public sector cooperative contract. PSA contractors have the advantage of promoting sales to governmental/educational entities without the need for the buyer to issue an RFP. This saves the buyer time and money from duplicating the competitive bidding process and managing the resulting contract. Many of our existing PSA contractors have been able to gain new customers because of the cooperative contracts.

The resulting contract from this RFP will be able to be used by local government agencies and certain state agencies nation-wide. We believe a PSA contract would enhance your competitive position in the government marketplace, and are eager to work with you to promote the best interests of our participating local governments and qualifying non-profit organizations.

1.2 Background

TriCOG Organization

TriCOG is an organization composed of the Brazos Valley Council of Governments (BVCOG), Central Texas Council of Governments (CTCOG), and Heart of Texas Council of Governments (HOTCOG). Each organization is described below. TriCOG will procure CHE through this RFP and the awarded vendor may need to acquire local environment information as necessary for the use of this RFP beyond TriCOG members.

Brazos Valley Council of Governments: BVCOG provides 9-1-1 emergency communications services, systems, support, and related data to seven public safety answering points (PSAPs) in the counties of Burleson, Grimes, Leon, Madison, Robertson, and Washington. BVCOG serves a population of 133,053.

Central Texas Council of Governments: CTCOG provides 9-1-1 emergency communications services, systems, support, and related data to 13 PSAPs in the counties of Bell, Coryell, Hamilton, https://procurement.opengov.com/portal/psa/projects/62669?section=571052

Lampasas, Milam, Mills, and San Saba and Fort Cavazos (formerly Fort Hood). CTCOG serves a population of 504,037.

Heart of Texas Council of Governments: HOTCOG provides 9-1-1 emergency communications services, systems, support, and related data to six PSAPs in the counties of Bosque, Falls, Freestone, Hill, and Limestone. HOTCOG serves a population of 118,434.

All three COGs currently use Motorola VESTA 911 CHE Version 7.7 HF1. All systems are deployed in a host-remote configuration. BVCOG and HOTCOG each operate a single host pair, while CTCOG operates two separate host pairs, as shown in TriCOG Network Specifications. Each host pair has redundant connectivity to the associated remote sites they host and has a single connection to the NGCS solution from each host. Diagrams of each of TriCOG member networks appear in TriCOG Network Specifications.

PSA Purchasing Cooperative

This RFP is being solicited as a cooperative purchasing contract, available to all PSA members. PSA is a “Government-to-Government” procurement service for Local Governments, Districts, Political Subdivisions, Authorities, Schools, Universities, and qualifying Not-for-Profit Corporations. These agencies become Members of Purchasing Solutions Alliance by executing an Interlocal Purchasing Agreement, which is free of cost and imposes no minimum spending requirements. PSA, acting on behalf of Members, solicits competitive offerings for the furnishing of products and/or services, as described elsewhere, which MAY be purchased by any of our member local governments, districts, and other public agencies across the nation during the contract term. Members using the Program issue purchase orders directly to PSA contractors.

Visit www.psabuy.org and click on the Membership tab in the main menu to view and/or download a list of PSA member agencies that have currently entered into Cooperative Interlocal Purchasing Agreements with PSA, eligible to participate in any subsequent contract.

1.3 Contact Information

The sole Point of Contact (POC) for purposes of this RFP prior to the award of any contract is:

Susan Lightfoot, Program Administrator.

Contact with any other PSA employee or official is prohibited without prior written consent from the POC of this RFP. Failure to observe this requirement may be grounds for rejection of the proposal.

Susan Lightfoot Program Manager 3991 East 29th St Bryan, TX 77802 Email: psabuy@bvcog.org Phone: (979) 595-2801 Ext: 2035 Department:

Procurement https://procurement.opengov.com/portal/psa/projects/62669?section=571052 https://procurement.opengov.com/portal/psa/projects/62669?section=571052 mailto:psabuy@bvcog.org tel:(979)595-2801;ext=2035

Department Head:

Susan Lightfoot Program Administrator

1.4 Timeline

PSA reserves the right to change the dates in the schedule of events below.

Release Project Date October 30, 2023

Question Submission Deadline November 16, 2023, 5:00pm

Question Response Deadline November 21, 2023, 5:00pm

Proposal Submission Deadline November 30, 2023, 3:00pm

2 RFP Administration

This solicitation is being performed as a Request for Proposals (RFP), whereby Offerors submit competitive sealed proposals. The following paragraphs provide information about the RFP process.

2.1 Questions and Answers about this RFP

Vendors may ask questions regarding this RFP until the Question Deadline, Thursday, November 16, 2023. Submit all questions about this RFP through the OpenGov portal associated with this RFP. All questions will be answered in OpenGov throughout the RFP process, and no later than Tuesday, November 21, 2023.

Upon examination of this RFP document, Offerors should promptly notify PSA of any ambiguity, inconsistency, or error they discover in writing. Interpretations, corrections, and changes to this RFP will be considered by PSA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Offerors must not rely on them.

2.2 Revisions to the RFP

In the event of a needed change in the published RFP documents, Offerors should understand that all the foregoing terms and conditions and all performance requirements will apply to any published addendum.

Addenda are written instruments issued by PSA that modify or interpret the RFP. All addenda issued by PSA become part of the RFP. Addenda will be posted through the OpenGov portal associated with this RFP. PSA accepts no liability in connection with the delivery of any addenda. It is the sole responsibility of the Offeror to check for any addenda pertaining to this RFP during the proposal submission period. All Offerors must acknowledge their receipt of all addenda in their proposal response.

2.3 RFP Change Requests

Requests for changes to the requirements or specifications herein must be in writing and must be received by PSA no later than the deadline established in the RFP Schedule. PSA will review such requests, but may or may not accept changes. Responses which are qualified with conditional clauses, or alterations of or exceptions to any of the terms and conditions in this RFP may be deemed non-compliant at the sole discretion of PSA. Changes to the RFP, if any, are made only by written Addendum and posted to OpenGov. In any event, it is the Offeror's sole responsibility to ensure that any and all Addendums, which may have been issued, have been received and addressed.

2.4 Vendor Point of Contact

During the evaluation process, PSA reserves the right to request additional information or clarifications from proposers. Each proposal must designate the person who will be responsible for answering technical and contractual questions. The person should be indicated in the Offeror Acknowledgement & Certification form, provided as an attachment to this RFP. Preliminary negotiations may be conducted with responsible Offeror(s). At the discretion of PSA, all responsible Offerors may be given an opportunity to interview with the Evaluation Committee.

2.5 Offeror's Responsibility

By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this RFP. It is Offeror’s sole responsibility to thoroughly examine and review all documentation associated with this RFP, including any Addendums, and to ensure that any response submitted complies in every respect with all requirements.

Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this RFP. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying PSA requirements, or Offeror's/Contractor's obligations or entitlements.

PSA shall not be liable for Offeror's incomplete documentation. Additionally, all components of any Response become the property of PSA.

There is no expressed or implied obligation for BVCOG or PSA to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposal. Neither BVCOG nor PSA will reimburse responding firms for these expenses, nor will they pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

2.6 Ownership of Documents

All proposals, plans, specifications, schematics, content, maps, design, workflow or any other documents, and any work product prepared, created or obtained under this RFP including electronic media, hard copy documents, web-based systems, solutions and files shall be delivered to, and shall become the property of the PSA. This paragraph applies to all Offerors, whether successful or not.

2.7 Best Value Standard

The intent of this RFP is to award to the Offeror whose proposal offers the Best Value to PSA members. In determining the best value, the following may be considered:

• purchase price, including payment discount terms

• reputation of the Offeror and of the Offeror's goods or services

• quality and reliability of the Offeror's goods or services

• Offeror's past relationship with PSA

• impact on the ability of PSA members to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities

• life cycle costs, including installation costs and availability of repair and maintenance parts

• conformity to specifications

• financial condition

• delivery terms

• any relevant criteria specifically listed in the Request for Proposals

• indicators of probable vendor performance under the contract such as past vendor performance, the vendor’s financial resources and ability to perform, the vendor’s experience or demonstrated capability and responsibility, and the vendor’s ability to provide reliable maintenance agreements and support

• the cost of any employee training associated with a purchase

2.8 PSA Rights Reserved

PSA reserves the following rights with regard to the RFP:

A. PSA may disqualify any Offeror whose conduct or proposal fails to conform to the requirements of this RFP, or misstates or conceals any material facts. Non-material deviations for the requirements and procedures of this RFP may be waived at the sole discretion of PSA.

B. PSA reserves the right to waive any or all irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products/services offered, and may accept or reject any proposal in its entirety, or may reject any part of any proposal without affecting the remainder of that proposal, and may award the individual items on this proposal in any combination or in any way to best serve the interests of PSA as it perceives those interests to be in its sole discretion.

C. PSA may duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal.

D. PSA may cancel the Request for Proposal at any time and for any reason with no cost or penalty to PSA.

E. PSA may correct or amend the RFP at any time before the submission deadline with no cost or penalty to PSA. PSA will not be liable for any errors in the RFP or other responses related to the RFP.

F. PSA may extend proposal due dates and contract award dates.

2.9 Open Competition

This RFP is not meant to restrict competition, but rather is intended to facilitate open, fair and unrestricted competition.

2.10 Specific Descriptive References

PSA is committed to obtaining its products and services at the lowest price possible without compromising quality. Therefore, in order to accomplish this objective/goal, it is the intention of PSA neither to exclude particular vendors or manufacturers nor to create restrictive situations in this

RFP.

Any vendor’s/manufacturer's names, trade names, brand names, price list numbers, technical data, products, services, etc. used in the RFP and any relevant documents are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive.

Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal or equivalent to the products and/or services described in the RFP are invited and will be given careful consideration provided the alternate can accomplish the same task.

3 Contract Administration

This section describes the administration of the awarded contract resulting from this RFP solicitation.

3.1 Contract Term

This contract shall become effective from date of acceptance and approval by the BVCOG Board of Directors or designee. It shall remain in full force and effect for a period of four (4) years. The contract shall be in effect throughout this period and thereafter until such time as any outstanding orders against the contract have been fulfilled.

The contract may be extended if deemed by PSA to be in the best interests of PSA, its members, and the Vendor. The contract may be extended for four (4) one-year terms. This action does not require specific BVCOG Board of Directors’ approval. Contracts are extended upon mutual agreement of both the Vendor(s) and PSA.

In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed. Non-appropriations for renewal of contract will also be in accordance with the Local Government Code

271.005 (b) concerning non-appropriation clauses for multi-year contracts.

3.2 Contract Administrator

Contractor shall assign a dedicated Contract Administrator whose duties shall include but not be limited to:

• Supporting the marketing and management of the Contract,

• Facilitating dispute resolution between the Contractor and a Customer, and

• Advising PSA of Contractor’s performance under the terms and conditions of the Contract.

PSA reserves the right to require a change in the Contract Administrator if the assigned Contract Administrator is not, in the opinion of PSA, adequately serving the needs of the cooperative purchasing program.

3.3 Contract Changes

PSA shall have the right to make changes to the resulting contract of this RFP for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such changes shall be made in writing and agreed upon by Contractor and PSA prior to issuance of Addendum to the Contract. Whenever possible, contract changes shall be limited to the anniversary of the contract.

The specific number and product mix featured in this contract may change during the course of the Agreement as Contractor introduces new products and discontinues others. When possible, any contract changes will occur on the anniversary of the contract.

In the event a product is discontinued, or if the Contractor makes a change that affects the price of a product, the Contractor is required to immediately notify the PSA of the circumstances.

Discontinued items are automatically considered to be deleted from the contract with no penalty to Contractor. PSA, at its sole discretion, may allow the Contractor to provide a substitute for the discontinued item through a contract amendment.

Requests for product SUBSTITUTIONS shall be accompanied with the following information:

A. Documentation from the Contractor that the product has been discontinued

B. Documentation that specifies the replacement product

C. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product

D. Documentation confirming that the price for the replacement is the same as or less than the discontinued product

Requests for product ADDITIONS shall be accompanied with the following information:

A. Documentation that specifies the new product

B. Documentation confirming that the price for the replacement is at the same discounted rate as other products on the contract

PSA may at its sole discretion elect to make a contract award to the next low Offeror for a discontinued item, or take any other action deemed by PSA to be in the best interests of End Users.

3.4 Estimated Usage

Since this is a cooperative contract, there is no estimated usage amount. PSA is an optional use cooperative, with no minimum purchase amount, and usage is dependent on PSA cooperative members’ actual needs and available funding.

The Offeror is expected to solicit new business with the resulting contract from this RFP. Every city, county, school district, university, special districts and other local government agencies throughout the US are eligible to become PSA members and potentially use this contract. Nonprofit 501(c)(3) organizations will also be eligible for this contract. PSA membership is free, and requires only an Interlocal Purchasing Agreement to be signed between PSA and the joining agency.

4 Definitions, Abbreviations, and Acronyms

The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below.

4.1 Brazos Valley Council of Governments (BVCOG)

A political subdivision of the State of Texas that serves as a vehicle for local governments to cooperatively identify needs, develop responses, implement solutions, eliminate duplication and promote the efficient and accountable use of public resources, and to improve the quality of life.

PSA is a program of BVCOG.

4.2 CHE

Call Handling Equipment

4.3 Centeral Texas Council of Governments (CTCOG)

The Centeral Texas Council of Governments (CTCOG) provides 9-1-1 emergency communications services, systems, support, and related data to 13 PSAPs in the counties of Bell, Coryell, Hamilton, Lampasas, Milam, Mills, and San Saba and Fort Cavazos (formerly Fort Hood). CTCOG serves a population of 504,037.

4.4 Competitive Procurement

A transparent purchasing process in which proposals from competing vendors are requested by openly advertising the scope, specifications, and terms and conditions of the proposed contract as well as the criteria by which the bids will be evaluated. Competitive Procurement aims at obtaining goods and services at the lowest prices by stimulating competition and by preventing favoritism.

4.5 Contractor

The contracted business entity responsible for fulfilling a contract executed pursuant to this RFP.

The terms Contractor, Vendor, Proposer, and Offeror may be used interchangeably in this document.

4.6 CGD

Customer-Generated Data

4.7 End User

The 9-1-1 technician using the products and services sold as a result of this contract.

4.8 Heart of Texas Council of Governments (HOTCOG)

The Heart of Texas Council of Governments (HOTCOG) provides 9-1-1 emergency communications services, systems, support, and related data to six PSAPs in the counties of Bosque, Falls, Freestone, Hill, and Limestone. HOTCOG serves a population of 118,434.

4.9 Member

Authorized Participant in the PSA Purchasing Program. Generally, any qualifying public, governmental, educational or non-profit entity which has executed an Interlocal Agreement for cooperative purchasing services with PSA. Eligible participants include municipalities, counties, school districts, and state agencies, non-profits performing a governmental function, special districts, political subdivisions and higher education institutions.

4.10 Offeror

Any entity that submits a competitive proposal to a Request for Proposals (RFP). The terms Offeror and Proposer may be used interchangeably in this document.

4.11 Proposer

Any entity that submits a competitive proposal to a Request for Proposals (RFP). The terms Offeror and Proposer may be used interchangeably in this document.

4.12 Purchasing Solutions Alliance (PSA)

A cooperative purchasing program for public agencies nationwide established by the Brazos Valley Council of Governments (BVCOG) under the Interlocal Cooperation Act of the State of Texas.

4.13 Request for Proposals

A formal written document requesting from vendors a proposal for various goods and/or services and includes a request for proposed prices and fees. Unlike an invitation for bids, the proposals received in response to a RFP can and will be negotiated with the top ranked vendor.

4.14 TriCOG

TriCOG is an organization composed of the Brazos Valley Council of Governments (BVCOG), Central Texas Council of Governments (CTCOG), and Heart of Texas Council of Governments (HOTCOG). Each organization is described below.

TriCOG will procure CHE through this RFP and the awarded vendor may need to acquire local environment information as necessary for the use of this RFP beyond TriCOG members.

4.15 Vendor

A generic term applied to individuals and companies alike, who provide goods and services to PSA members. The terms Contractor, Vendor, Proposer, and Offeror may be used interchangeably in this document.

5 General Specifications

Purchasing Solutions Alliance (PSA), a non-profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG) is soliciting proposals from experienced and qualified vendors to provide 9-1-1 Call Handling Equipment to PSA Members.

This contract will enable the agencies to purchase on an “as needed” basis from a competitively awarded contract with high-performance vendors.

PSA prefers to award an exclusive contract to the company who is most able to:

• Provide a variety of quality products/services;

• Provide highly competitive pricing; and

• Provide value-added and superior customer services.

Responses shall be considered only from Offerors that have established excellent reputations in their markets, and who furnish satisfactory evidence of ability to supply the products/services specified herein.

It is the intent of this solicitation that other governmental organizations and agencies throughout the continental United States may purchase identical items at the same unit pricing and the same general terms and conditions, subject to the applicable state and federal laws. PSA reserves the right to award multiple contracts based on geographic area or by designated segments of products/services solicited in this RFP.

5.1 Support Commitment

The Respondent commits to supporting the offered solution(s) or service(s) for a minimum of seven years from the date of full solution or service acceptance by each customer. In this context, “supporting” means the continued development, evolution, and availability of improvements, enhancements, and identified bug fixes of the solution(s) and service(s). If market forces, component suppliers, or other events beyond the control of the Respondent require an unexpected end to the service life of a service or solution offered herein, the Respondent agrees to provide a migration path to an equivalent or better service or solution, at no cost to the customer beyond the support contract provisions contained hereunder.

5.2 Industry Standards

PSA seeks a standards-based solution that complies with nationally accepted standards and requirements applicable to IP network architecture, security, and interface functionality. All aspects of the Respondent’s proposed system design, deployment, operation, interoperability, and security shall be in full compliance with the standards, requirements, and recommendations identified in documents listed in Attachment B - Industry Standards. Standards-development organizations (SDOs) include:

• Alliance for Telecommunications Industry Solutions (ATIS)

• Association of Public-Safety Communications Officials (APCO) International

• Central Station Alarm Association (CSAA)

• Department of Justice (DOJ)

• Internet Engineering Task Force (IETF)

• National Emergency Number Association (NENA)

• National Institute of Standards and Technology (NIST)

• Telecommunications Industry Association (TIA)

• Additional standards or requirements (technical or otherwise) dictated by statute (federal, state, or local), regulation, client policy, procurement rules, grant funding requirements, etc.

Further, the Respondent’s solutions and services shall comply with any additional standards, requirements, statutes, and policies as identified in specific sections throughout this document. The customer received consultation from a third party in developing the Scope of Work for this solicitation. Please review the specifications and requirements to inform the customer prior to the Closing Date of any concerns or issues related to the competitiveness of the requirements and their currency in terms of reflecting the developments of the industry standards that the customer wants to incorporate into its next generation solution.

Specific standards are included in Attachment B - Industry Standards.

5.3 Standards Evolution

As industry standards evolve, the Respondent’s solution shall be upgraded to maintain compliance with the current version of established industry standards. The Respondent’s solution shall support new IP network and security industry standards within 18 months of ratification of applicable industry standards. Compliance requirements apply also to the supporting standards referenced within each standard. As solution updates are made to maintain compliance, the solution shall not abandon services or feature functionality in place at the time of the solution upgrade. The Respondent shall disclose any performance or feature changes prior to the upgrade and report them to each PSA member customer for approval.

5.4 Offered Product Item Variances

Any variance in the specifications or performance of Products offered shall be acceptable to PSA and the PSA Member Customer only insofar as it MEETS or EXCEEDS the specifications and requirements of this RFP.

5.5 Product Notices

PSA is NOT the owner of Products sold pursuant to this RFP, but acts only in the capacity of purchasing agent. In that regard, Contractor accepts sole responsibility for ensuring that notices and mailings, such as Safety Alerts, Safety Recall Notices and Customer Surveys, are sent directly to the Customer of record.

5.6 Delivered and Operational

Products and/or equipment offered herein are to be proposed based upon being delivered and operational at the PSA Member’s site. Exceptions to “delivered and operational” must be clearly disclosed.

5.7 Manuals

If applicable, each Product delivered under a PSA contract, and any applicable options thereto, shall be supplied with at least one (1) copy of a safety and operating manual. The cost of any such manuals must be included in the base price for the product.

5.8 Warranty

Unless otherwise addressed, the following Warranty requirements shall apply:

A. Offeror must be the manufacturer or properly franchised dealer authorized to sell all products offered and sold in response to the RFP.

B. Warranties shall be manufacturer's standard.

C. Any warranties offered by a dealer shall be in addition to the manufacturer’s warranty, and shall not be a substitute. Offeror's base price for any Product shall be inclusive of the manufacturer’s warranty.

D. Complete warranty information will be included in the response to this RFP and supplied to Customer upon request.

E. Warranties submitted with the Response, so long as they meet the minimum requirements set forth herein, shall be in lieu of all other warranties expressed or implied, all other representations to PSA and/or the Customer Agency, and all other obligations or liabilities including liability for incidental or consequential damage on the part of Offeror. Neither PSA nor Customer assume any warranty or liability on Offeror’s behalf unless made or assumed in writing, initiated by Offeror, and agreed to in writing by PSA or the Customer respectively.

F. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the sole source for solution to problems arising from warranty claims.

Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

G. The Offeror warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship;

and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Offeror/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended.

6 CHE Performance Standards

This section describes the performance standards required for all proposed Call Handling Equipment (CHE).

6.1 Service Level Agreement

An agreement between the customer and the Contractor that specifies, in measurable terms, the services that the Contractor will furnish.

6.2 Help Desk Availability

The time of day resources are available to answer calls from the customer, create trouble tickets and dispatch technicians.

Resources must be available (via toll free telephone number) 24 x 7 x 365 to process requests for service.

6.3 Technician Availability

Technicians must be available remotely and/or onsite as required, 24 x 7 x 365.

6.4 Regular Business Hours (RBH)

Hours between 8:00 a.m. and 5:00 p.m. of the user's local time.

6.5 Customer-Generated Data – Transparency and Access Rights

Customer-generated Data (CGD) is defined as any data that is configured within, or consumed or generated by, any of the systems, components, functional elements, services, or software applications provided by the Respondent—specifically, that data which is necessary to, or generated as a result of, providing the services or functionality called for in this RFP and which is unique to the operation and use of the systems, solutions, or services by the customer or any PSAP served by the customer. Such data may include, but is not limited to, voice and SMS “call” activity records, traces, or logs; system, component, or software troubleshooting, logs, configuration files, and diagnostics data; diagrams, drawings, or design and implementation documents that record the specific implementation details relating to the customer or any customer PSAP; as well as any reports or analytics based on, or derived from, CGD.

Limited Use. The customer or any PSAP served by the customer will use or disclose the CGD only in furtherance of the existing and identified project or as required by law.

Standard of Care. The customer or any PSAP served by the customer shall exercise at least the same degree of care as it uses with its own data and Confidential Information, but in no event less than reasonable care, to protect the CGD from misuse and unauthorized access or disclosure.

Agents and Subcontractors. The customer or any PSAP served by the customer shall ensure that any agents, including subcontractors, to whom it provides the CGD agree to the same restrictions and conditions listed in this agreement.

Personal Information. The customer or any PSAP served by the customer will not attempt to identify any person whose information is contained in any CGD or attempt to contact those persons.

Required Disclosure. If the customer or any PSAP served by the customer is compelled by law to disclose any CGD, it shall provide Contractor with immediate written notice so that Contractor may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this agreement; if the parties cannot obtain a protective order, other appropriate remedy, or otherwise fail to quash the legal process requiring disclosure, the customer or any PSAP served by the customer will disclose the requested CGD only to the extent necessary to satisfy the request.

In the spirit of transparency and in support of the customer’s interest in being able to verify and validate the Contractor’s compliance with the terms, requirements, and specifications contained herein, the customer reserves, for the customer and PSAP staff (as well as their designated representatives), the right to unfettered access to any and all CGD produced or used while such solutions or services are under contract by the customer or any PSAP served by the customer. It is not the intent of this requirement to expose or reveal any proprietary information, intellectual property or trade secrets of the Contractor and requests will be limited to CGD reasonably considered to be probative of compliance, as stated, above. The customer is committed to exercising this provision only when needed and always in good faith. The Contractor’s responses to such requests will be provided willingly and expeditiously. The Contractor is prohibited from using blanket claims that data is of a proprietary or sensitive nature, in order to shield itself from such requests. In limited cases, the Contractor may require the sharing of data to be under the terms of a non-disclosure agreement (NDA).

6.6 System Performance Standards and Reporting

Respondents must identify the SLAs and metrics for the system components that will be utilized to formulate the system performance measurements for each performance standard.

6.7 System Availability

The service must be available at least 99.999 % of the time, measured on a per-PSAP basis.

6.8 Service Level and Service Management Performance Standard

Services referenced here are limited to those provided under the agreement. All times are averages over a rolling 12-month measurement period. However, there are provisions for declaring an SLA violation in cases where repeated instances occur over a short period of time.

All time intervals are calculated to the nearest minute. Performance requirements are applicable to managed and non-managed services.

6.9 Fault Priority Levels

Fault priority level definitions are the same as those in Acceptance Testing. For the post-cutover environment, some examples are provided, here, of issues which would be considered of the specified priority.

A. Priority One – Critical

Examples of such issues may include:

o Isolation of any single site or sites from the rest of the network, resulting in the inability for affected sites to communicate with the rest of the network.

o Software defect without a workaround that impacts any site or site’s ability to maintain business operations.

o A reduction in call processing capacity at a single site of 50% or more.

B. Priority Two – Major

Examples of such issues may include:

o Loss of network or functional element redundancy, including PSAP or data center connectivity.

o System or component problem that could result in loss of a site without timely repair.

o A reduction in call processing capacity at a single site of 20% or more.

o Inability to accurately display caller location on the map.

C. Priority Three – Minor

Examples of such issues may include:

o Failure of a speed dial to route calls to the proper destination, requiring manual dialing or other additional steps to affect the same result.

o Misrouted calls.

o Location failures, resulting in default routing of calls.

D. Priority Four – Non-service-impacting

Examples of such issues may include:

o Errors in data display/presentation within a user’s application (layout, colors, data identification, etc.)

o Errors with peripheral systems such as recorders, MIS, auxiliary keypads, etc.

o Errors with monitoring systems, dashboards, etc.

6.10 Response Time

The time elapsed between identification (by monitoring staff) or reporting (by the customer, agency(ies), or PSAP(s)) of an issue and commencement of investigation or repair activity by Contractor.

Incident Severity Maximum Response Time

Priority One 15 minutes

Priority Two 30 minutes

Priority Three 8 hours

Priority Four 12 hours

6.11 Notification Time

The time elapsed between issue identification (by monitoring personnel) and notification of the affected agencies or PSAPs. Contractor shall have the ability to provide customized notifications based on desires of the customer, agency, or PSAP.

Incident Severity Maximum Notification Time

Priority One 15 minutes

Priority Two 30 minutes

Priority Three 8 hours

Priority Four Next Business day

6.12 Repair Time

The time elapsed between identification (by monitoring staff) or reporting (by the customer, agency(ies), or PSAP(s)) of an issue and the resolution of that issue, with full functionality and capacity restored to normal. At the discretion of the reporting party(ies), “resolution of that issue” may be achieved by the deployment of a workaround, if accompanied by a mutually agreeable written plan for definitively resolving the original issue.

Incident Severity Maximum Repair Time

Priority One 2 hours

Priority Two 4 hours

Priority Three 48 hours

Priority Four 96 hours

6.13 Escalation

A request for assistance to the next higher level of technical support must be executed whenever the Escalation Interval (in the following table) has elapsed since the issue was identified or reported and issue remains unresolved. Once an escalation has occurred, the Offeror will provide the customer and affected parties with a status update at the Update Interval until the issue has been resolved. In cases where the customer provides Priority One response, the offeror shall allow the customer direct access to Priority Two resources.

Incident Severity Escalation Interval Update Interval

Priority One 1 hour 2 hours

Priority Two 4 hours 8 hours

Priority Three 48 hours 24 hours

Priority Four 96 hours As agreed to

7 IP Network Measurement and Reporting Requirements

7.1 Network Performance

The Contractor must measure and report on the network performance against the service levels monthly. For any circuit downtime, outages, or interruptions, the Contractor must provide a written report describing the degradation of service or outage, including the root cause and the plan to prevent similar occurrences in the future. Trend data must be supplied with this report that shows current and previous monthly performances.

7.2 Outage Reporting

In the event of an unplanned outage, the Contractor must provide the customer a reason for outage (RFO) report. This report will include a timeline of the outage, the cause of the outage, actions taken to resolve the issue, and any actions/processes undertaken by the Contractor and its subcontractors to prevent similar outages from occurring in the future or to mitigate their impact, if they do. The customer requires a preliminary report within five business days and a final report within 30 calendar days to be measured from detection of the outage.

As defined in 47 CFR § 4.5, the Contractor is responsible for complying with all federal reporting requirements for any outages or interruptions to 9-1-1 voice or SMS routing, delivery, and/or processing systems and services provided under a contract. The Contractor is required to electronically report significant network outages and information about outages that exceed specific thresholds—in terms of duration and magnitude—to the FCC’s Network Outage Reporting System (NORS). The electronic report shall also include information regarding communications disruptions affecting any Enhanced 9-1-1 facilities.

8 Service Level Requirements and Reporting

8.1 Service Level Agreement Reporting Tool

Respondents must have a Service Level Agreement (SLA) reporting tool. A secure online SLA reporting dashboard is preferred. SLA reporting tools are expected to include both real-time and near-real-time performance statistics calculated at no greater than 5-minute intervals. The SLA reporting tool shall summarize network performance metrics by hour, day, week, month, quarter, and year. The mechanism must deliver automated SLA results to the customer monthly. QoS reporting shall present traffic by type. Reports shall include, at a minimum, statistics for latency, jitter, packet loss, and bandwidth utilization, and shall be available on demand with near real-time data. A web-based portal is preferred. Other relevant data also may be reported.

8.2 Required Monthly and Quarterly Reviews

Respondents shall specify how they will conduct and provide end-of-month and end-of-quarter reviews, accounting for any degradation of service to include service failures, as well as incidents and problems, and their resolution.

8.3 Tracking Service Level Requirements and Incidents

Service level requirements (SLR) remedies shall be tracked to their full amount, but the maximum credit per month shall not exceed 25% of the total amount at risk (as defined, below).

Incidents shall be tracked via tickets and the ticket contents shall be made available to the customer and the affected PSAP(s) via an online portal with the ability to download or print reports.

8.4 Monthly Reports

The Contractor shall have automated systems to track all SLA deliverables and provide the customer with monthly reports detailing the Contractor’s performance.

The monthly SLA compliance report shall include the following detail and a one page summary of the detail:

A. Report period

B. Contractor’s trouble ticket number

C. Name(s) of affected PSAP(s)

D. FCC ID(s) of affected PSAP(s)

E. Service type

F. Brief trouble symptom

G. Brief restoration description

H. Trouble symptom category

I. Ticket open date and time

J. Priority level

K. Problem resolution date and time

L. Total outage duration

M. Yes/no if qualified for SLR remedy

N. Yes/no if FCC reporting required; and

1. If Yes, link to FCC report and FCC response, if any

O. Applicable SLA

8.5 Service Level Requirements (SLRs)

The following table details the customer’s SLRs, providing a description of each, the metric or measurement to be used to confirm compliance, the target measurement, and the affected party or parties’ (customer or PSAP[s]) rights and remedies, in the event that the Contractor fails to achieve the SLR.

For SLR violations, the remedy listed in the table below may be a portion of “the amount at risk”.

For the purposes of this section, “amount at risk” is defined as follows:

• For services (i.e., ESInet, NGCS, CHaaS) or solutions (i.e., CHaaS and CHE) incurring a monthly recurring charge (MRC), “amount at risk” shall be the MRC for that service or solution for the month in which the SLR violation occurs.

• For services (i.e., ESInet, NGCS, CHaaS) or solutions (i.e., CHaaS and CHE), the price for which includes a non-recurring charge (NRC) component, “amount at risk” shall be the total NRC for that service or solution for the duration of the contract divided by the number of months in the contract – in other words, one month’s portion of the NRC for that service or solution.

• For services (i.e., ESInet, NGCS, CHaaS) or solutions (i.e., CHaaS and CHE), the price for which includes both NRC and MRC, “amount at risk” shall be the total of the two amounts described above.

8.6 Service Level Requirements, Metrics, and Remedies

# Definition Measurement Method

Objective Rights and Remedies

1 Final master project plan (MPP) shall be delivered to the customer

(for ESInet/CHE) or PSAP(s) (for call handling) within 60 calendar days of contract execution.

Calendar Days Delivery of MPP within 60 days

Failure to meet the objective shall result in a $5,000 credit or adjustment for each calendar day that the report is not delivered after the objective.

2 Contractor shall achieve all milestone dates identified in the

MPP.

Calendar Days Completion of MPP milestones on or before the date agreed by the customer and

Offeror.

Any failure to meet the objective shall result in a $5,000 credit or adjustment for each calendar day that the milestone is not delivered after the objective (for milestones with a majority of the underlying task ownership being that of the Contractor and/or its subcontractors).

3 SLA Remedy Delivery – Timely credit or adjustment of remedies due to the customer or PSAP(s) for missed SLR objectives.

Calendar Days Contractor’s credit or adjustment shall be issued no more than 60 calendar days after written notice from the customer or PSAP(s) of a service level failure.

Each occurrence of an SLR remedy (credit or adjustment) that is not issued within 60 calendar days shall result in a $5,000 credit or adjustment for each calendar day that the credit or adjustment is not issued.

4 Contractor shall provide a ticketing interface and monitoring dashboard 24 x 7 x 365.

The monthly availability percentage equals the Scheduled Uptime less Unavailable Time divided by

Scheduled Uptime per month multiplied by 100. Scheduled Uptime is based on 24 hours x number of days in the month x 60 minutes.

The monthly Availability percentage shall be based on the cumulative total of all outage durations for each calendar month.

99.9% Failure to meet the SLR objective for one month shall result in a $2,500 credit or adjustment.

5 When a manual (i.e., via phone call to NOC) emergent request is made to reroute calls to alternate

PSAP, call rerouting will be effective within three minutes, from the time the PSAP call is answered by the NOC for pre-provisioned routes.

If the request is for standard maintenance, the reroute will be effective within seven minutes for pre-provisioned routes, and if a new route is required, that will be completed within 20 minutes of request.

Time from NOC call received by human to time the routing change becomes effective.

3 minutes (emergency)

7 minutes (maintenance)

20 minutes (new route)

Failure to meet the SLR objective shall result in a $5,000 credit or adjustment.

6 Contractor shall report all outages that potentially impact the delivery of 9-1-1 traffic to every affected PSAP within and the customer 15 minutes of the occurrence.

Any outage that potentially impacts the delivery of 9-1-1 traffic, regardless of traffic type.

Notification of PSAPs and the customer within 15 minutes or less.

Any failure to meet the objective shall result in a $5,000 credit or adjustment.

For each additional minute that the Contractor fails to meet the SLR objective, an additional

$1,000 credit or adjustment will be due.

7 Redundant ESInet connectivity shall be provided to each end point CHE core or host site connection (except as described in the following requirement).

The monthly availability percentage equals the Scheduled Uptime less Unavailable Time divided by

Scheduled Uptime per month multiplied by 100.

Scheduled Uptime is based on 24 hours x number of days in the month x 60 minutes.

The ESInet connectivity availability requires two diverse IP network connections to each PSAP. For those PSAPs where diverse IP network connections are not available and when approved by the customer, the

Individual ESInet connectivity SLR applies.

The monthly Availability percentage shall be based on the cumulative total of all outage durations for each calendar month.

99.999% availability

(less than 5.26 minutes per year or 26.3 seconds per month of unplanned downtime)

Failure to meet the SLR objective for one month shall result in a 25%…