ESBD_File_346835_RFP-24-101-2024-01-04-12-31-29.pdf

BRAZOS VALLEY COUNCIL OF GOVERNMENTS

www.bvcog.org

REQUEST FOR PROPOSALS

24-101

“FIBER OPTIC CONSTRUCTION SERVICES”

RELEASE DATE: January 4, 2024

DEADLINE FOR QUESTIONS: January 18, 2024 RESPONSE DEADLINE: January 25, 2024, 3:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/brazos-valley-tx http://www.bvcog.org/ https://secure.procurenow.com/portal/brazos-valley-tx

Brazos Valley Council of Governments

Request for Proposals Fiber Optic Construction Services

Table of Contents

1. Introduction

2. Technical Specifications and Scope of Work

3. Proposal Evaluation

4. Instructions for Preparing Proposal

5. RFP Administration

6. Contract Administration

7. Definitions, Abbreviations, and Acronyms

8. Terms and Conditions

9. Insurance Requirements

10. Vendor Response

Attachments:

A - Offeror_Acknowledgement_&_Certification_Form

B - Conflict_of_Interest_Questionnaire

C - Proposer Certifications 24-101

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1 Introduction

1.1 Summary

The Brazos Valley Council of Governments (BVCOG) is seeking proposals from qualified vendors to provide fiber installation services. The scope of work includes the installation of underground fiber optic from Calvert Texas to three locations in Bremond Texas. Services shall be turn-key and include but not be limited to the design, permitting, trenching, installation, and testing.

The purpose of this project is to establish a reliable and high-speed fiber network connection between the existing BVCOGnet 350-mile fiber ring and the City of Bremond to support local communication needs and to be a demarcation point to further expansion.

1.2 Background

The Brazos Valley Council of Governments (BVCOG) is a multi-purpose, regional planning commission and political subdivision of, by and for local governments in the seven county Brazos Valley Region of Texas. BVCOG serves communities that cover an area of about 5,109 square miles. This area, known and referred to as the Brazos Valley Region consists of seven counties, which are Brazos, Burleson, Grimes, Leon, Madison, Robertson and Washington.

BVCOG has partnered with Brazos 2020 Vision, Inc. to manage the BVCOGnet fiber optic broadband network. The dual ring network services local business, carrier services, nonprofits, and public sector throughout the Brazos Valley region.

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, Purchasing Director

Brazos Valley Council of Governments

3991 East 29th St.

Bryan, Texas 77802

979.595.2801 Ext. 2035

susan.lightfoot@bvcog.org

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Contact with any other BVCOG 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 Purchasing Director 3991 East 29th Street Bryan, TX 77802 Email: susan.lightfoot@bvcog.org Phone: (979) 595-2801 Ext: 2035 Department:

Procurement

Department Head:

Susan Lightfoot Program Administrator

1.4 Timeline

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

Release Project Date January 4, 2024

Question Submission Deadline January 18, 2024, 5:00pm

Question Response Deadline January 22, 2024, 5:00pm

Proposal Submission Deadline January 25, 2024, 3:00pm mailto:susan.lightfoot@bvcog.org tel:(979)595-2801;ext=2035

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2 Technical Specifications and Scope of Work

2.1 Summary of Services

The Brazos Valley Council of Governments (BVCOG) is seeking proposals from qualified vendors to provide fiber installation services. The scope of work includes the installation of underground fiber optic from Calvert Texas to three locations in Bremond Texas. Services shall be turn-key and include but not be limited to the design, permitting, trenching, installation, and testing.

The purpose of this project is to establish a reliable and high-speed fiber network connection between the existing BVCOGnet 350-mile fiber ring and the City of Bremond to support local communication needs and to be a demarcation point to further expansion.

2.2 Fiber Conduit

The installation shall include two strands of conduit in the same trench. One conduit shall contain 96 strands of fiber; the other conduit shall remain empty for future expansion. Handholes shall be placed at each connection point. Offeror is encouraged to use best judgement based on business clusters and construction needs for handhole locations.

2.3 Fiber Locations

Offeror shall connect to the existing BVCOGnet network in Calvert Texas at HH17 (lat/long) (30.9780, -96.6725).

The locations in Bremond requiring connections are listed below:

• City of Bremond, 201 S. Dallas St, Bremond, TX 76629

• Robertson County PCT 4 Office, 113 E Jack St, Bremond, TX 76629

• Bremond ISD, 601 W. Collins Street, Bremond, TX 776629

2.4 Detailed Fiber Specifications

The fiber optic cables shall meet the following specifications:

o Single-mode fiber with a core diameter of 9/125μm o Minimum bandwidth capacity of 10 Gbps o Low attenuation loss not exceeding 0.35 dB/km o Operating temperature range of -40°C to 70°C o Compliance with industry standards, including TIA/EIA 568, ISO/IEC 11801, and Telcordia GR-326

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All fiber optic connectors, adapters, and termination panels shall comply with the industry standard LC (Lucent Connector) type.

All installation work shall comply with the National Electrical Code (NEC) and local building codes.

All cables shall be securely routed and protected from physical damage, environmental conditions, and electromagnetic interference.

2.5 Service Requirements

The following service requirements shall apply:

A. The vendor shall conduct a site survey at all locations to assess the specific requirements and challenges associated with the fiber installation.

B. The vendor shall coordinate with BVCOG and obtain any necessary permits or permissions from local authorities or property owners for trenching or any other required construction activities.

C. All installation work shall be performed by qualified technicians with experience in fiber optic installation and termination.

D. The vendor shall provide all necessary equipment, tools, and materials required for the installation, including fiber optic cables, connectors, termination panels, and any other related accessories.

E. The vendor shall perform all necessary splicing, termination, testing, and documentation of the installed fiber links.

F. The vendor shall provide project management and regular progress updates to BVCOG throughout the installation process.

G. All work shall be completed within the agreed-upon project schedule and milestones.

H. The vendor shall provide a warranty for the installed fiber infrastructure, covering any defects or performance issues for a minimum period of 5 years.

2.6 Delivery Requirements

Delivery Requirements

A. The vendor shall provide a detailed project plan including timelines, milestones, and key deliverables.

B. The installation work shall be scheduled and coordinated with the occupants of each site to minimize disruption to their operations.

C. The vendor shall provide a detailed fiber route plan, including maps, drawings, and documentation of all intermediate connection points and splice locations.

TxDOT right-of-ways shall be used whenever possible in the fiber routes.

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D. The vendor shall provide progress reports at regular intervals, detailing the status of the installation work, including any challenges or issues encountered.

E. Upon completion of the installation, the vendor shall conduct comprehensive testing of all fiber links and provide test reports and certification.

F. All documentation, including as-built drawings, test results, and certification, shall be provided to BVCOG within 30 days of project completion.

2.7 Offered Product Item Variances

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

2.8 Industry Standards

Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the Fiber Optic Construction Services industry, as they are generally understood and accepted within that industry across the nation.

Deviations from industry standards must be identified by the Offeror and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal.

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3 Proposal Evaluation

The BVCOG proposal evaluation committee will evaluate proposals received based on the criteria and point system detailed below. The following conditions apply:

A. It is understood that BVCOG, through its management, may use all means at their collective disposal to evaluate the proposals received based on the stated criteria, and the final decision as to the best overall value, both as to price and to suitability of the products and/or services offered to fit the needs of BVCOG, will rest solely with the Executive Director of the BVCOG or his designee.

B. BVCOG has the right to award to multiple companies supplying comparable products or items, also known as a multiple award schedule, but reserves the right to make a single award to the highest ranked Offeror.

C. By submission of a Response, Offeror indicates acceptance of the evaluation technique, and recognizes and accepts that BVCOG may at its sole discretion make subjective judgments during the evaluation process.

D. In evaluating BVCOG responses, BVCOG has no obligation to consider information that is not provided in the Offeror's response. BVCOG may, however, consider additional information outside of the Offeror's response. This research may include such sources as the Offeror's website, industry publications, and listed references.

E. BVCOG reserves the right to request and test equipment/products and related services and to seek clarification from the Offerors. Offerors must make reasonable efforts to supply test products promptly. All Offeror products remain property of the Offeror, and BVCOG will return such products after the evaluation process.

F. An Offeror's past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating an Offeror's current response. Past performance includes the Offeror's record of conforming to published specifications and to standard good workmanship.

Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost Proposal Competitive pricing aligned with the scope of work, including initial installation, maintenance, and operational expenses.

Points Based 50 (50% of Total)

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2. Vendor Qualifications The Offeror must be established in the field, financially sound, and have good standing in the industry. Demonstrated experience in similar fiber optic projects, knowledge of latest technologies, and ability to handle project-specific challenges.

Points Based 10 (10% of Total)

3. Project Plan and Timeline Clarity of proposed plan, milestones, and alignment of timelines with project requirements and deadlines.

Points Based 10 (10% of Total)

4. Quality of Materials and Equipment Assurance of high-quality fiber optic cables and equipment for reliability and longevity.

Points Based 20 (20% of Total)

5. Support and Maintenance Proposed post-installation support, warranties, and maintenance plans.

Points Based 10 (10% of Total)

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4 Instructions for Preparing Proposal

This section contains instructions for compiling and submitting a proposal response to this RFP. All Offerors must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal.

4.1 Signature Authority

By submitting the Response, Offeror represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Offeror and to bind the Offeror under any contract that may result from the submission of this Response.

4.2 Electronic or Paper Response

Unless otherwise addressed within the RFP, the following requirements shall apply:

A. Electronic Submission of Response (Preferred method): Offerors may upload one final and complete electronic proposal on the on-line bidding system that BVCOG utilizes for its bid and proposal solicitations at www.procurement.opengov.com. There is NO COST to the Offeror in submitting their proposal in response to this RFP via the on-line electronic bidding system.

B. Paper Submission of Response: In lieu of electronic submission, responses may be submitted in four complete printed sets including one Original and three Copies in separate “hard side” three-ring binders. The outer spine of each binder shall be labeled showing this RFP No., Offeror Name, and either “Original” or “Copy”, as applicable. The Original printed response will be considered to be the binding Response in case of any conflicts between printed copies submitted with the Offeror’s (paper response) proposal package. Paper submissions must include a flash drive with the electronic version of the proposal, specifically an excel file for the cost proposal.

Paper Submission of Responses shall be enclosed in a SEALED package(s) addressed to BVCOG. The following information shall be clearly stated on the exterior of the package(s):

1. Name and Address of Offeror

2. Date and hour of proposal submission deadline (due date)

3. Bid/Proposal RFP number

4. The statement, "SEALED PROPOSAL - DO NOT OPEN IN MAIL ROOM."

This label shall be of sufficient size to be quickly and easily noticed and affixed to opposing sides of the package(s).

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4.3 Additional Response Requirements

Offeror’s Response may be deemed non-responsive if all required forms and documents are not properly completed. Offeror may not modify the format of any form in any way, but may only fill in information and add lines if needed. In certain cases, the cost proposal form may be modified in accordance with instructions provided for the form. Offeror may photocopy or print blank forms as needed.

There is no limit on the physical size of the proposal but a complete yet succinct, and unambiguous presentation of the services offered and the fees required are expected.

Proposals should provide a clear and straightforward description of products and services and the firm’s ability to meet requirements.

All proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Offeror. Blue ink is preferred for signatures.

No oral, telegraphic, telephonic, or facsimile bids will be considered or accepted.

4.4 Technical Response

Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required information in clearly outlined sections as detailed below. Vendors must provide the sections listed below or the response may be rejected. Omission of any required form or information will be sufficient grounds for BVCOG to consider your response to be non-compliant.

Title Page: The proposal should begin with a title page bearing the name and address of the vendor and the name and number of this RFP.

Section 1 - Vendor Qualifications: Briefly describe your company’s history and experience in the industry. Describe the structure and organization of your staff. Discuss your experience in similar fiber optic projects, knowledge of latest technologies, and ability to handle project-specific challenges.

Additionally, disclose the following: a) Bankruptcies filed; b) Litigation, mediation, and arbitration history over the last five (5) years; c) Any material (in excess of $50,000) claims, judgements, arbitrations, investigations, or lawsuits pending; d) Any criminal actions, suits, proceedings, arbitrations investigations against or involving the Offeror or its employees (in their capacities as employees) occurring during the past five years.

Section 2 - Project Plan and Timeline: Provide a comprehensive project plan detailing the step-by-step approach to the fiber optic construction services between the specified points. This plan should include a detailed breakdown of tasks, milestones, and a clear timeline outlining the commencement, progression, and completion of each phase.

Additionally, the proposed timeline should encompass key project stages such as site preparation, cable laying, testing, and finalization of connections. The vendor's plan should align with the project's scope and objectives while demonstrating a realistic and achievable schedule, ensuring timely completion without compromising quality.

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Section 3 - Quality of Materials and Equipment: Submit a detailed inventory and specifications of all materials and equipment proposed for the fiber optic construction.

This should include a comprehensive list of the fiber optic cables, connectors, junction boxes, and any ancillary components intended for use in the project. Additionally, the submission should provide clear documentation outlining the quality standards and certifications of these materials, ensuring compliance with industry benchmarks. Details regarding the durability, performance metrics, and suitability of the proposed materials for the intended environment and usage are essential. The submission should highlight any innovative or specialized materials that contribute to enhanced reliability and longevity of the fiber optic network

Section 4 - Support and Maintenance: provide a comprehensive support and maintenance plan outlining post-installation services for the fiber optic network. This plan should detail the proposed mechanisms for ongoing support, including troubleshooting procedures, response times for issue resolution, and communication channels for reporting and addressing any technical concerns or outages. Additionally, the submission should encompass a structured maintenance schedule, specifying regular inspections, preventive maintenance measures, and any warranties or service level agreements (SLAs) offered. The vendor is encouraged to outline provisions for staff training or knowledge transfer to ensure in-house teams possess the necessary skills for routine maintenance and minor repairs.

Section 5 - RFP Exceptions: Identify any exceptions the vendor has taken to the requirements of this RFP, the contract or any other attachments.

4.5 Required Attachments

The following attachments are required with your proposal submission:

1. Cost Proposal: Provide a comprehensive breakdown of all expenses associated with the fiber optic construction project. This should include detailed pricing for materials, equipment, labor, permits, and any additional costs directly related to the installation and commissioning of the fiber optic network between the designated points.

The breakdown should be transparent, clearly delineating both one-time expenses and recurring costs, such as maintenance, over an agreed-upon period. Furthermore, the proposal should outline any potential cost variations or contingencies based on different project scenarios, ensuring clarity and understanding of the financial commitments involved. Any available discounts, incentives, or cost-saving measures should also be clearly indicated within the proposal.

2. References: Offeror shall list the names of at least three (3) public/government agencies which have purchased from Offeror products or services similar to those covered by this RFP, within the last two (2) years. BVCOG reserves the right to determine if such products or services are appropriately similar. Other information, including criticism however learned, may be used by BVCOG in evaluation of responses. Each reference shall be a public, government or education agency and include the following:

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A. Agency Name

B. Contact Person's Name and Title

C. Address

D. Phone

E. Email

3. Offeror Acknowledgement & Certification:Complete and sign the Offeror Acknowledgement & Certification that was provided as an attachment to this proposal.

4. Conflict of Interest Questionnaire:Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting with BVCOG to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with a BVCOG officer or an officer’s close family member. BVCOG is a program of the Brazos Valley Council of Governments, whose officers include the Honorable Clark Osborne, Chair, the Honorable Molly Hedrick, 1st Vice Chair, the Honorable John L.

Durrenberger, 2nd Vice Chair, the Honorable Duane Peters, Secretary, the Honorable Joe Fauth III, Immediate Past Chair.

5. Form 1295 Certificate of Interested Parties:Pursuant to the Texas Legislature House Bill 1295, Offeror must complete a Form 1295 through the Texas Ethics Commission website www.ethics.state.tx.us and submit a signed copy of the form to BVCOG with the RFP response.

6. Proposer Certifications: Complete and sign the Proposer Certification form that was provided as an attachment to this proposal.

7. Ethics Policy: Offeror shall include their employee ethics policy.

8. All Addenda: For paper responses only, Offerors must list all addenda for this RFP that were issued for this RFP through OpenGov. The list must be signed to acknowledge receipt. If no addenda were issued for the RFP, this section may be omitted. Responses that are submitted electronically through OpenGov acknowledge addenda as part of the submission process.

4.6 Withdrawal or Modification of Responses

Once received by BVCOG, responses may be modified or withdrawn prior to the submission deadline only if the request to do so is in writing and on Offeror’s formal letterhead. Responses and requests for modification received after the submission deadline will not be accepted.

4.7 Confidential/Proprietary Materials

BVCOG uses its best efforts to follow the intent of Chapter 552 of the Texas Government Code, the Public Information Act (the “Act”) in regards to information, documentation, and other material in connection with this solicitation. If Offeror's proposal contains material noted or marked as “confidential” and/or “proprietary”, and

Fiber Optic Construction Services that material in BVCOG’s sole opinion meets the disclosure exemption requirements of the Act, then that information will not be disclosed pursuant to a request for public documents. If BVCOG does not consider such material to be exempt from disclosure under the Act, the material may be made available to the public regardless of the notation or markings. If an Offeror is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the Act, then it shall not include such information in the proposal.

4.8 Terms and Conditions Attached to Response

Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

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5 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.

5.1 Questions and Answers about this RFP.

Vendors may ask questions regarding this RFP until the Question Deadline, Thursday, January 18, 2024. 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 Monday, January 22, 2024.

Upon examination of this RFP document, Offerors should promptly notify BVCOG of any ambiguity, inconsistency, or error they discover in writing. Interpretations, corrections, and changes to this RFP will be considered by BVCOG 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.

5.2 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 BVCOG that modify or interpret the RFP. All addenda issued by BVCOG become part of the RFP. Addenda will be posted through the OpenGov portal associated with this RFP. BVCOG 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.

5.3 RFP Change Requests

Requests for changes to the requirements or specifications herein must be in writing and must be received by BVCOG no later than the deadline established in the RFP Schedule. BVCOG 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 BVCOG. 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.

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5.4 Vendor Point of Contact

During the evaluation process, BVCOG reserves the right to request additional information or clarifications from proposers. Each proposal must designate the person(s) who will be responsible for answering technical and contractual questions 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 BVCOG, all responsible Offerors may be given an opportunity to interview with the Evaluation Committee.

5.5 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 BVCOG requirements, or Offeror's/Contractor's obligations or entitlements.

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

There is no expressed or implied obligation for BVCOG to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposal. BVCOG will not reimburse responding firms for these expenses, nor will BVCOG pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

5.6 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 BVCOG. This paragraph applies to all Offerors, whether successful or not.

5.7 Best Value Standard

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

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• purchase price, including payment discount terms

• impact on administrative resources

• 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 BVCOG

• impact on the ability of BVCOG 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 Offeror performance under the contract such as the Offeror’s experience or demonstrated capability and responsibility, and the Offeror's ability to provide reliable maintenance agreements and support

• the cost of any employee training associated with a purchase

5.8 BVCOG Rights Reserved

BVCOG reserves the following rights with regard to the RFP:

A. BVCOG 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 BVCOG.

B. BVCOG 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 BVCOG as it perceives those interests to be in its sole discretion.

C. BVCOG 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.

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

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

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

5.9 Open Competition

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

5.10 Specific Descriptive References

BVCOG 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 not the intention of BVCOG 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.

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6 Contract Administration

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

6.1 Contract Term

This contract shall become effective from date of acceptance and approval by the BVCOG Executive Director or designee. It shall remain in full force and effect for a period of Initial Term of Contract. 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 BVCOG to be in the best interests of BVCOG and the Vendor. The contract may be extended for Number of Extensions 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 BVCOG.

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.

6.2 Contract Changes

BVCOG 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 BVCOG prior to issuance of Addendum to the Contract. Whenever possible, contract changes shall be limited to the anniversary of the contract.

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7 Definitions, Abbreviations, and Acronyms

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

7.1 Advertisement

A public notice put in a local newspaper of general circulation, containing information about a Request for Proposal.

7.2 Award

The act of entering into contract with a vendor for providing specified goods and services to BVCOG.

7.3 Brazos 2020 Vision, Inc.

The managing company of the BVCOGnet fiber network. Brazos 2020 Vision manages all lit services. More information can be found at brazos2020.org.

7.4 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. BVCOG manages all planning, construction and grant funding for the BVCOGnet network. More information can be found at bvcog.org.

7.5 BVCOGnet

A rural healthcare fiber optic network serving the Brazos Valley in Texas, covering more than 350 miles. BVCOGNET is funded by the Universal Service Administrative Company (USAC) in partnership with the Brazos Valley Council of Governments (BVCOG) and Brazos 2020 Vision, Inc. as a way to provide world class medical care through high-speed broadband capabilities to rural areas. Connection is available to health care providers, schools, county and city government, non-profit organizations, and commercial businesses in the seven-county BVCOG area. More information can be found at bvcognet.org.

7.6 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.

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Competitive Procurement aims at obtaining goods and services at the lowest prices by stimulating competition and by preventing favoritism.

7.7 Contract

An agreement between BVCOG and a Vendor to furnish goods and/or services to BVCOG over a designated period of time, during which purchases are made of the commodity specified.

7.8 Contractor

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

7.9 Lowest Responsible Offeror

This is the vendor who offers the lowest bid which meets all the specifications, requirements, terms and conditions of the Request for Proposals. It is expressly understood that the lowest responsible Offeror includes any related costs to BVCOG, using a total cost concept. The term "responsible" refers to the financial and practical ability of the bidder to perform the contract. The term is also used to refer to the experience or safety record of the vendor.

7.10 Offeror

Any entity that submits a competitive proposal to a Request for Proposals (RFP). This term may be used interchangeably with Proposer, Contractor, and Vendor in this document.

7.11 Purchase Requisition

A document that defines the need for goods and/or services. It is an internal document and does not constitute a contractual relationship with any external party.

7.12 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.

7.13 Services

A generic term to include all work or labor performed by a vendor for BVCOG under the established BVCOG contracts.

Fiber Optic Construction Services

7.14 Vendor

A generic term applied to individuals and companies alike, who provide goods and services to BVCOG.

Fiber Optic Construction Services

8 Terms and Conditions

The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to BVCOG, unless otherwise specified elsewhere in this proposal request.

8.1 Basic Requirements and Conditions

Offeror is advised that all BVCOG contracts are subject to the legal requirements established in any applicable Local, State or Federal statute.

Offeror must be in compliance with all licensing, permitting, registration and other applicable legal or regulatory requirements imposed by this RFP and any pursuant contract with BVCOG having jurisdiction. It is the Offeror’s responsibility to ensure that this requirement is met, and to supply to BVCOG upon request, copies of any license, permit or other documentation bearing on such compliance.

BVCOG reserves the right to:

A. Reject any and all offers received in response to this RFP.

B. Reject any part of an offer received in response to this RFP.

C. Determine the correct price and/or terminology in the event of any discrepancies in any response.

D. Enter into agreement with an Offeror other than the lowest price Offeror.

E. Accept responses and award contracts to as many or as few Offerors as BVCOG may select.

F. Amend, waive, modify, or withdraw (in part or in whole) this RFP, or any requirements herein.

G. Hold discussions with Offerors during the evaluation period, although award may be made without discussion.

H. Request an Offeror to give a presentation of the Response at a time and place scheduled by BVCOG to the Evaluation committee.

I. Exercise any of these rights at any time without liability to any Offeror.

8.2 Non-Binding Oral Comments

No oral comment, utterance or response made by any employee or agent of BVCOG shall be considered factual or binding with regard to this RFP, or any contract awarded as a result of this RFP. Valid and binding terms, conditions, provisions, changes or clarifications, or requests thereof, shall ONLY be communicated in written form.

Fiber Optic Construction Services

8.3 Force Majeure

There may be times either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.

8.4 Order of Precedence and Award of Contract

In the event of conflict between this document and any references or documents cited herein, this document with any published amendments shall take precedence prior to contract award. With authority granted by the BVCOG Board of Directors, a written contract shall be presented to the highest ranked, successful Offeror and shall be subject to acceptance by the successful Offeror within ten (10) calendar days after presentation by BVCOG. If a contract is not executed within ten (10) calendar days, BVCOG may rescind the contract offer and award a contract to the next Offeror in order of rank as determined by BVCOG.

The Contract shall consist of the documents identified herein and in order of precedence:

A. The Contract form as agreed upon through contract negotiations prior to award

B. Offeror's Response to the RFP, including but not limited to, prices and options offered and finally negotiated/amended and attached

C. This RFP including all terms and conditions, any relevant addenda

8.5 Subcontracting

No activities or services included as a part of this RFP and/or the contract made pursuant hereto, may be subcontracted to another organization, firm, or individual without the written consent of the BVCOG's Executive Director, and may be subject to cancellation if such consent is not requested. Such intent to subcontract should be clearly identified in the Offeror’s response to this RFP. It is understood that the contractor is held responsible for the satisfactory accomplishment of the service or activities included in a subcontract.

8.6 General Liability/Indemnification

Contractor shall, to the extent permitted by law, defend and hold harmless BVCOG, and BVCOG’s board members, officers, agents, officials, employees, from any and all claims, costs, expenses (including reasonable attorney fees, actions, causes of action, judgments, and liens) arising as a result of Contractor’s negligence, fraud, criminal acts, omissions, willful misconduct or third party intellectual property infringement of the indemnified party under this Contract. Contractor shall notify BVCOG of the threat of

Fiber Optic Construction Services lawsuit or of any actual suit filed against Contractor relating to this Contract. THIS

PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO

REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE BVCOG FOR

ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR

OMISSIONS OF THE BVCOG OR BVCOG EMPLOYEES.

8.7 Licenses & Permits

The Offeror is responsible for obtaining all permits, licenses and bonding, to comply with the rules and regulations of any state, federal, municipal or county laws applicable.

8.8 Drug Free Workplace

Offeror shall provide notice to its employees and sub-contractors, as required under the Drug-Free Workplace Act of 1988. A copy of Contractor's Drug-Free Workplace policy shall, on request, be furnished to BVCOG.

8.9 Anti-Discrimination

The Offeror certifies that it conforms to the provisions of the Civil Rights Act of 1964, as amended, as well as the Americans with Disabilities Act of 1990 (ADA), as amended and where applicable.

The Offeror does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, or any other basis prohibited by state or federal law relating to discrimination in employment. The Offeror, in all solicitations and/or advertisements for employees placed by or on behalf of the Offeror, shall state that such Offeror is an equal opportunity employer. The Offeror does not discriminate against a qualified job applicant or employee because of a disability and ensures that all existing and new facilities provide easy access for people with disabilities.

8.10 Historically Underutilized Business (HUB) Participation

The term “HUB” refers to a historically underutilized business that is a corporation, sole proprietorship, partnership, joint venture, or supplier contract formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities are owned by one or more persons who (1) are socially disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, and have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control; and (2) have a proportionate interest and demonstrate active participation in the control, operation, and management of the business entity’s affairs.

To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], BVCOG requires all Offerors to supply information in any bid/proposal response

Fiber Optic Construction Services listing (1) the total number of subcontracts, and (2) the total number of HUB contracts applicable to the services offered in the response. For purposes of information availability and where applicable, Offeror is encouraged to include subcontracts with HUBs that provide services related to the delivery of a service.

This contract gives no preference for HUB status; however, HUB status should be in the Offeror’s response for inclusion in the resulting contract.

8.11 Court Jurisdiction

BVCOG and the successful Offeror, or Contractor, agree that the contract awarded from this RFP shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas.

8.12 Offeror Certifications and Acknowledgement

Offeror is required to fully complete and sign the attached Acknowledgment and Certification form. It must show full firm name and mailing address of Offeror and be manually signed by an authorized sales or quotation representative of the Company.

Submission of a signed Acknowledgment and Certification form will be interpreted to mean that the Company hereby agrees to all terms and conditions set forth in all of the sheets which make up this RFP and to execute the sample contract attached herein.

8.13 Non-Resident Reciprocal Sales Act

As required by Texas Civil Statutes in the award of contracts, an Offeror which is not a Texas resident business must determine if its state of residence prohibits award of government contracts to Texas resident Offerors without penalty. If Offeror’s resident state DOES penalize Texas Offerors, Offeror must provide this information along with a copy of its applicable resident state’s statute in the Response.

8.14 Legal and Contractual Remedies

Resolution of Protested Solicitations and Awards: Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction may file a grievance. The grievance may be filed during any phase of the procurement. The grievance must be based on an alleged violation of State or Federal law (if applicable).

Failure to receive a procurement award from BVCOG in and of itself does not constitute a valid grievance. Upon receipt of grievance, the BVCOG Deputy Director will initiate the informal resolution process. The BVCOG Deputy Director shall contact the complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working days from date of receipt of the complaint. If the allegations are successfully resolved by mutual agreement, documentation will be forwarded to all

Fiber Optic Construction Services parties of the resolution with specifics on each point addressed in the original complaint.

In order for an above mentioned party to enter the grievance process, a written complaint must be sent to the Deputy Director of the BVCOG by certified mail which identifies the following:

A. Name, mailing address and business phone number of the complainant.

B. Appropriate identification of the procurement being questioned.

C. A precise statement of reasons for protest.

D. Supporting exhibits, evidence, or documents to substantiate any claims.

Appeals: The complainant may appeal the BVCOG Deputy Director decision by submitting a written appeal, within five (5) working days, to the Executive Director of BVCOG. The Executive Director, upon receipt of a written notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The Executive Director of BVCOG has the option of appointing a Hearing Officer to preside over the hearing. If appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to the Executive Director. The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will be forwarded to the complainant in writing within thirty (30) working days. The Offeror or Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a Court of competent jurisdiction located in Brazos County, Texas.

Breach of Contract/Default: Upon breach or default, BVCOG shall give the Contractor written notice of default. If the default is not remedied, within a reasonable specified time from date of notification, to the satisfaction and approval of BVCOG, default will be declared. Upon breach of contract or default, BVCOG may exercise any and all of its rights afforded by law, including but not limited to those referenced herein.

Solicitations or Awards in Violation of the Law: Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by the BVCOG.

Fiber Optic Construction Services

9 Insurance Requirements

Unless otherwise…