IFB-23028 Data Monitoring Services final 072723.pdf

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

200 EAST NORTH AVENUE

BALTIMORE, MD 21202

INVITATION FOR BIDS

DATA MONITORING SERVICES FOR TWO (2), TEN (10) GB CONNECTIONS

IFB-23028

ISSUED BY: Procurement Office Baltimore City Public Schools 200 East North Avenue, Room 401 Baltimore, MD 21202 Attention: Ted King

IFB NUMBER: IFB-23028

RELEASE DATE: Thursday, July 27, 2023

PRE-BID MEETING: Monday, July 31, 2023 @ 10:00 a.m.

Held virtually via a Microsoft Teams Meeting

QUESTIONS DUE: Wednesday, August 2, 2023 @ 4:00 p.m.

BID DUE DATE: Thursday, September 7, 2023 @ 11:00 a.m.

Bids submitted electronically to eMaryland Marketplace Advantage website

DIRECT INQUIRIES TO: Ted King, Buyer

PH: 410-396-8817

FX: 410-545-6977

E-mail: trking@bcps.k12.md.us

Entities are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render an Entity’s Bid unacceptable and subject to rejection. Questions and inquiries may be addressed as outlined in Part II, Item 4 of this solicitation. Any exceptions to the Baltimore City Public Schools’ (“City Schools’”) terms and conditions are not binding unless they are negotiated and affirmatively deemed mutually agreeable by the Entity and City Schools in an executed Contract. City Schools is not required to negotiate changes to its terms and conditions.

mailto:trking@bcps.k12.md.us

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

TABLE OF CONTENTS

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

2.0 BACKGROUND

3.0 SCOPE OF SERVICES

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-BID MEETING

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 TRAVEL REIMBURSEMENT – N/A

10.0 ELECTRONIC PAYMENT

11.0 IFB REVISIONS

12.0 SUBMISSION DEADLINE

13.0 BID OPENING

14.0 DURATION OF BID

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

17.0 INSURANCE

18.0 LIQUIDATED DAMAGES

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION BADGE ... 12

20.0 LIVING WAGE – N/A

21.0 BONDING – N/A

22.0 TERMS AND CONDITIONS

23.0 BASIS OF AWARD

24.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

25.0 UNNECESSARILY ELABORATE BROCHURES

26.0 E-RATE COMPLIANCE

27.0 COOPERATION WITH CITY SCHOOLS PREPARATION OF E-RATE APPLICATIONS

28.0 SERVICE LEVEL AGREEMENT

PART III: BID FORMAT

1.0 ELECTRONIC BID SUBMISSION

3.0 VOLUME I: BID SUBMISSION FORMAT

PART IV: EVALUATION AND SELECTION PROCEDURE

1.0 EVALUATION COMMITTEE

2.0 EVALUATION PROCESS

3.0 EVALUATION CRITERIA

PART V: APPENDICES

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

APPENDIX B - CITY SCHOOLS GENERAL ARTICLES

APPENDIX C - REFERENCES

APPENDIX D - NON-COLLUSION CERTIFICATE

APPENDIX E - DEBARMENT AFFIDAVIT

APPENDIX F - ANTI-BRIBERY AFFIDAVIT

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

APPENDIX G - ETHICS CERTIFICATION

APPENDIX H - EDGAR

APPENDIX I - BID FORM

APPENDIX J - UNIVERSAL SERVICE (E-RATE) REQUIREMENTS

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

This Invitation for Bids (“IFB” or “solicitation”) is soliciting Bids from qualified Entities for Data Monitoring Services for two (2), 10 GB Dark Fiber Connections between two (2) locations of Baltimore City Public Schools (City Schools). The first location is the City Schools headquarters building at 200 East North Avenue, Baltimore, MD 21202 and our business continuity location at Digital Harbor High School at 1100 Covington Street, Baltimore MD, 21230.

For purposes of this IFB, the following definitions apply: “City Schools” refers to the Baltimore City Board of School Commissioners, which operates a system of public schools commonly known as the Baltimore City Public School System or Baltimore City Public Schools; “Entity” or “Bidder” means any qualified, reliable, and interested broker, vendor, bidder, consultant, contractor, manufacturer, and/or other entity that responds to this IFB, as well as the entity awarded a Contract or otherwise duly authorized by City Schools to provide Services in accordance with applicable Laws; “Contract” or “Agreement” refers to the legally enforceable Contract or agreement between City Schools and the Entity that is the successful Bidder responding to this IFB; “Services” or “Work” refers to the work, deliverables, products, goods, materials, equipment, and/or services required to be provided or performed by the Entity under the terms of the Agreement; “Law” or “Laws” refers to any applicable federal, state, and local laws, regulations and rules, as well as Baltimore City Board of School Commissioners policies and administrative regulations, which are available at this link: www.baltimorecityschools.org/board-policies; and “Bid” means a bid or submission to City Schools in response to this IFB.

2.0 BACKGROUND

City Schools serves the needs of public education in Baltimore City, covering approximately 77 square miles, with a residential population of more than 646,000. It is the fourth largest public school system in the State of Maryland. City Schools operates 156 facilities over a ten-mile radius, which includes Pre-k, elementary, middle, and high schools as well as special education centers and alternative schools. The Central administration headquarters is located at 200 East North Avenue, Baltimore, Maryland.

City Schools is governed by the Baltimore City Board of School Commissioners (“Board”), which has 10 members (including a student member). The Board is appointed by the Mayor of Baltimore. The Board sets and oversees policy and implementation of regulations for the school system and approves all major appointments. The City Schools Chief Executive Officer reports to the Board.

City Schools currently has approximately 79,000 students supported by approximately 10,000 employees and an annual operating budget of approximately $1.3B.

Currently, City Schools has a fiber data connection consisting of 96 strands (or 48 pairs) between City Schools Headquarters and Digital Harbor High School. The current contract ends on October 24, 2023.

http://www.baltimorecityschools.org/board-policies

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

3.0 SCOPE OF SERVICES

The Contractor shall provide a 24-7-365 monitoring service for the dedicated data network.

A. The Bandwidth output capacity that will be utilized by the City Schools will be at 10GB per pair.

B. Contractor shall describe in detail how the network will be monitored on a 24x7x365 basis including requirements for secure remote connectivity to the City Schools’ equipment.

C. Contractor is responsible for all maintenance on the fiber and the end point connections for the full term of the contract.

D. City Schools owns the dark fiber network between the two facilities. Contractor will be responsible for break/fix repairs as a part of this contract.

E. Contractor must communicate all planned outages and maintenance windows that will affect the proposed service to customer 24 hours ahead of time via email or telephone call to customer-nominated contact(s).

F. The Federal E-Rate Program will be utilized as a funding mechanism for this solicitation.

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

Figure 1-Current Dedicated Data Network

Baltimore City Public Schools Headquarters at 200 East North Avenue, Baltimore, MD 21202

96 Strands Fiber Bundle. Which includes two (2) pairs of active 10 GB Connections.

Digital Harbor High School at 1100 Covington Street, Baltimore MD, 21230.

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this IFB may contain trade secrets, which are confidential and proprietary. The winning Bidder agrees not to disclose or knowingly use any confidential or proprietary information of the Baltimore City Schools and/or third-party participant.

Entities are notified that City Schools has unlimited data rights regarding Bids submitted in response to this IFB. “Unlimited data rights” means that City Schools has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by the Entity in response to this or any solicitation issued by City Schools. City Schools will exempt information that is confidential commercial or financial information of an Entity, as defined by the Maryland Public Information Act (“MPIA”), Title 4 of the General Provisions Article of the Maryland Annotated Code. It is the responsibility of the Entity to clearly identify each part of its Bid that is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with one-inch, bold face letters stating the words “confidential” or “proprietary”. The Entity agrees that any portion of the Bid that is not stamped as proprietary or confidential is not proprietary or confidential. As a condition for City Schools keeping the information confidential, the Entity must agree to defend and hold City Schools harmless if any information is inadvertently released. Each Entity must submit a proprietary and confidential redacted copy of its Bid to be used in responding to MPIA requests. However, and in accordance with the MPIA, Entities are hereby notified that every portion of the Bid may still be subject to disclosure under the MPIA.

2.0 TERM OF AGREEMENT

The anticipated term of the Contract that City Schools intends to award pursuant to this IFB shall be for four (4) years from the date of Board approval subject to the termination provisions set forth in the attached City Schools General Articles (Appendix B).

3.0 PRE-BID MEETING

Entities are strongly encouraged to attend a pre-Bid meeting scheduled for Monday, July 31, 2023 at 10:00 a.m. EST The pre-bid meeting will be conducted via Microsoft Teams.

Call-in details are below:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 255 058 446 979 Passcode: KPNrZz Download Teams | Join on the web

Or call in (audio only)

+1 443-961-1488,974935204# United States, Baltimore

Phone Conference ID: 974 935 204# https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTVlMmViNWMtYjI2ZC00NmE3LTg4MTEtZTE3MWMxZGEyYjYy%40thread.v2/0?context=%7b%22Tid%22%3a%22065bb2f4-6fe3-414f-a910-f2886305c814%22%2c%22Oid%22%3a%2225ecfd1a-aa92-4d30-a880-faec69d6b82b%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14439611488,,974935204

IFB-23028 IFB Template Effective Date:

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While attendance at the pre-bid meeting is not mandatory, the information presented is informative. All interested bidders are encouraged to attend in order to be better able to prepare an acceptable bid.

4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Entity orally. Questions shall be submitted in writing to the Point of Contact (see Part II, § 5.0). If the Entity is allowed to submit the Bid in hard copy, the word "INQUIRY” and the IFB name and number must be noted on the envelope. Alternatively, inquiries may be e-mailed to the Point of Contact. The subject field of the e-mail must include "INQUIRY” and the IFB name and number.

To be given consideration, the questions must be received NOT LATER THAN Wednesday, August 2, 2023 at 4:00 p.m. EST. Questions that are deemed to be substantive in nature will be answered only in writing, with both the question(s) and answer(s) posted on https://emma.maryland.gov. Unless expressly authorized by the Point of Contact, contact by Entities with any other City Schools employee regarding this solicitation until the Contract is awarded by the Board will be considered by City Schools as an attempt to obtain an unfair advantage and result in non-consideration of the Entity’s Bid.

5.0 POINT OF CONTACT

Ted King, Buyer Baltimore City Public Schools Office of Procurement 200 E. North Avenue Baltimore, MD 21202 Phone: 410-396-8817 E-mail: trking@bcps.k12.md.us

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

For purposes of the Contract awarded pursuant to this IFB, the City Schools Project Monitor is Elvis Teah. Executive Director, Cybersecurity and Infrastructure.

The Entity’s performance will be under the technical direction of the City Schools Project Monitor, who will be responsible for ensuring the Entity’s compliance with the requirements of the Contract to include managing the daily activities of the Contract, providing technical guidance to the Entity, and overall project scheduling and coordination. The Entity shall be accountable to the City Schools Project Monitor on all matters relating to the scope of Work.

7.0 CONTRACT TYPE

The Contract resulting from this solicitation will be a Requirements Contract.

https://dialin.teams.microsoft.com/086aed28-7d04-4f8c-bdbb-89c4ddddf66e?id=974935204 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=25ecfd1a-aa92-4d30-a880-faec69d6b82b&tenantId=065bb2f4-6fe3-414f-a910-f2886305c814&threadId=19_meeting_ZTVlMmViNWMtYjI2ZC00NmE3LTg4MTEtZTE3MWMxZGEyYjYy@thread.v2&messageId=0&language=en-US https://emma.maryland.gov/ mailto:trking@bcps.k12.md.us

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

8.0 PAYMENT TERMS

The prices, rates, and other compensation for Services performed is as described in the Agreement. When transportation or freight charges are billed to City Schools, a paid freight bill must accompany the invoice. Invoices received unaccompanied by such evidence will be paid only upon acceptance by City Schools. Cartage, handling, packaging, or boxing charges will not be allowed unless specifically so stated in the purchase order.

The Parties acknowledge and agree that the Entity’s invoices are to be submitted to City Schools in a timely manner, per the terms of a purchase order, after the Services have been provided to City Schools. If invoices are submitted more than one calendar year after the last date the Entity’s Services have been rendered or the last date when Services were accepted by City Schools, then City Schools shall have no obligation to pay for the stale invoices. City Schools shall have no obligation to pay for Services performed before City Schools approves the Agreement or after it terminates, in excess of the monetary amount of the Agreement, or prior to the issuance of a purchase order. The Entity shall comply with additional City Schools guidance regarding invoices, Bids, and quotes, available on the City Schools website (https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote- InvoiceGuidancev10.6.20.pdf).

The Entity’s invoices shall be approved for payment by the City Schools Project Monitor only after the City Schools Project Monitor is satisfied that the Entity is performing the Services and has prepared the invoice as required by the Agreement. Prior to approving any Entity invoices for payment, City Schools, through any authorized representative, has the right at all reasonable times to inspect, or otherwise evaluate, the Services performed or being performed at the premises on which it is being performed. If any inspection or evaluation is made by City Schools on the premises of the Entity or any of its subcontractors, the Entity shall provide and shall require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City Schools representatives in the performance of their duties. All inspections and evaluations shall be performed so that they will not unduly delay the Services.

Within thirty (30) days after receipt of each invoice and accepting the Services, City Schools shall, except as provided in the Agreement, pay for the Services performed when approved by the City Schools Project Monitor. A payment schedule will be jointly developed between City Schools and the Entity. City Schools reserves the right to submit payment using an electronic payment method, such as credit card, Single Use Account, or Automated Clearing House. The Entity shall not assess City Schools with any additional charge, fee, or price for the use of these electronic payment methods.

Regardless of any other provisions of the Agreement, failure of the Entity to submit required reports when due or failure to perform or deliver acceptable Services will result in City Schools withholding or limiting payments under the Agreement until such time as City Schools determines that the Entity has met the performance terms as established by this Agreement, unless such failure arises pursuant to Article 7 (“Force Majeure”) of the City Schools General Articles and without the fault or negligence of the Entity. City Schools shall promptly notify the Entity of its intention to withhold or limit payment of any invoice submitted.

If at any time City Schools determines that a cost for which payment has been made is a https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote-InvoiceGuidancev10.6.20.pdf https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote-InvoiceGuidancev10.6.20.pdf

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disallowed cost, such as overpayment, City Schools shall notify the Entity in writing of the disallowance or claim for unallowable costs. City Schools shall also state the means of correction, which may be, but shall not be limited to, adjustment of any future claim submitted by the Entity by the amount of the disallowance, or to require repayment of the disallowed amount by the Entity.

The Entity shall fully comply with any Bid, payment, performance bond and/or other bonding or surety obligations as set forth in this IFB.

9.0 TRAVEL REIMBURSEMENT – N/A

10.0 ELECTRONIC PAYMENT

City Schools has the ability to process payments to contractors electronically using the CTX+ (“Corporate Trade Exchange”) payment format. The payment format will contain summarized information and will not provide details concerning each invoice amount included in the check total if the depositing bank does not accept CTX+ format. Entities must contact their bank in order to receive the CTX+ format and the depositing bank may charge a fee for this format. Entities need to discuss potential charges with their bank.

Please complete and submit the Authorization for Entity Payment - ACH form. Forms can be obtained by visiting the City Schools procurement website:

https://www.baltimorecityschools.org/procurement. City Schools will only process ACH forms for awarded Entities.

11.0 IFB REVISIONS

Should it become necessary to revise any part of this IFB, addenda will be posted on https://emma.maryland.gov. All addenda, amendments or changes issued shall be deemed received by the Entity, provided they are posted to eMaryland Marketplace Advantage or the City Schools website. Failure of any Entity to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Entity from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the Contract award.

12.0 SUBMISSION DEADLINE

Bids for this solicitation are being accepted solely online through eMaryland Marketplace Advantage (https://emma.maryland.gov).

The Bid Due date is Thursday, September 7, 2023 at 11:00 a.m. EST. Bids will be opened electronically in eMaryland Marketplace Advantage as soon as practicable after the deadline for the receipt of bids in the solicitation. Bid results will not be given by phone.

Bidders’ response shall be submitted as one (1) PDF on-line to eMaryland Marketplace Advantage. Bids will not be accepted by fax, by postal mail, by electronic mail, or by hand delivery.

Hard copy submissions will not be accepted. All Bids must be submitted electronically.

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

13.0 BID OPENING

Bids will be opened electronically in eMaryland Marketplace Advantage as soon as practicable after the deadline for the receipt of bids in the solicitation.

All Bids shall be opened virtually in the presence of one or more witnesses. The amount of each bid, and such other relevant information as may be specified in the Invitation for Bid, together with the name of each bidder shall be recorded.

The bid tabulation will be available to the respondents for review once the Procurement Office has completed its review of all submitted bids.

14.0 DURATION OF BID

A Bid submitted in response to this solicitation is binding upon the Entity and is considered irrevocable for a minimum of 180 days following the closing date for receipt of initial Bids or the closing date for receipt of a best and final offer, if applicable.

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

During the MBE/WBE goal determination process, this solicitation was not assigned M/WBE goals pursuant to City Schools Administrative Regulation DJA-RA, Procurement, pertaining to Minority and Women’s Business Enterprises (MBE/WBE Requirements).

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

eMaryland Marketplace Advantage (https://emma.maryland.gov) is the primary site for

City Schools to transmit solicitations over $50,000.00. This website also serves to publish any addenda, associated materials, Entity/Bidder questions and City Schools’ responses, and other solicitation related information.

Notices of solicitations are also posted on our website www.baltimorecityschools.org in accordance with the Maryland Annotated Code, State Finance and Procurement Article § 13-103 Competitive Sealed Bids, Article § 13-104 Competitive Sealed Bids, and Article § 13-107 Sole Source Procurements.

The eMaryland Marketplace Advantage law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s e-commerce website eMaryland Marketplace Advantage (“eMMA”). All Entities are required to register with eMaryland Marketplace Advantage, so that the award notice can be properly published.

17.0 INSURANCE

Insurance requirements are set forth in Article 20 of the attached City Schools General Articles (Appendix B). The Entity shall submit with their Bid a Certificate of Insurance that complies with § 19-116 of the Insurance Article, Maryland Annotated Code. The Baltimore City Board of School Commissioners should be named as Additional Insured on the Entity’s insurance and named as Certificate Holder. The Entity’s insurance shall be effective at time that the Entity submits its Bid. If the Certificate of Insurance contains a minor irregularity, the Entity will be allowed five (5) business days to cure the minor http://www.baltimorecityschools.org/

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irregularity or be determined non-responsive. The Insurance Certificate shall meet the insurance coverage required by Article 20 of the attached City Schools General Articles.

18.0 LIQUIDATED DAMAGES

In the event that the Entity fails to provide Data Monitoring Services, City Schools may assess liquidated damages in the amount of $500.00 per day.

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION

BADGE

Depending upon the type of services that the Entity performs and the Entity’s access to students and/or student records, the Entity’s (and its subcontractor’s) employees may be required to submit to a criminal background check and fingerprinting. Also, such employees may be required to obtain a photo identification badge. A full statement of these requirements is set forth in Article 18 (“Obligations Regarding Criminal Records of Individuals Assigned to Work in City Schools Facilities”) of the City Schools General Articles (Appendix B).

20.0 LIVING WAGE – N/A

21.0 BONDING – N/A

22.0 TERMS AND CONDITIONS

City Schools plans to enter into a contractual agreement with the Entity, subject to these IFB General Terms and Conditions and the Special Conditions for this IFB (Appendix A).

The Contract between City Schools and the Entity shall include the City Schools General Articles (Appendix B), unless modified in writing by City Schools.

In the event of conflict between the City Schools General Articles (Appendix B) and these General Terms and Conditions or the Special Terms and Conditions (Appendix A), the City Schools General Articles shall take precedence.

In the event of a conflict between this IFB and any of the terms and conditions proposed by any Entity or incorporated in any acknowledgement of Contract awarded to the successful Entity, then, and in such event, the terms and conditions stated herein shall take precedence, unless modified in writing by the Director of Procurement.

Any exceptions to City Schools’ terms and conditions are not binding unless they are: (i) negotiated and deemed mutually agreeable by the successful Entity and City Schools;

and (ii) memorialized in a binding agreement between the successful Entity and City Schools. Bids must clearly identify any variances from, or exceptions or objections to: (i) the specifications in this IFB; (ii) each term and condition of the City Schools General Articles (Appendix B); (iii) these General Terms and Conditions; and (iv) the Special Terms and Conditions (Appendix A). In the absence of any response to the contrary, City Schools will conclude that the Entity agrees to and will hold the Entity strictly accountable to City Schools for: (i) the specifications in this IFB; (ii) each term and condition of the City Schools General Articles (Appendix B); (iii) these General Terms and Conditions; and (iv) the Special Terms and Conditions (Appendix A). City Schools is not required to negotiate changes to its terms and conditions, and Entities should note that any variance from the aforementioned terms and conditions may provide the basis for City Schools to reject the

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Entity’s Bid. In particular, the following provisions are non-negotiable: (i) the Special Terms and Conditions (Appendix A); and (ii) the provisions set forth in the following Articles in the City Schools General Articles (Appendix B)—Articles 5 (“Entity’s Responsibilities”), 6 (“Subcontractors”), 10 (“Termination”), 11 (“Non-Appropriation”), 12 (“Disputes”), 13 (“Integrity, Ethics, and Conflicts of Interest”), 14 (“Publication and Publicity”), 15 (“Data Collection and Confidential Information”), 16 (“Intellectual Property”), 18 (“Obligations Regarding Criminal Records of Individuals Assigned to Work in City Schools Facilities”), 19 (“Indemnification and Liability”), 20 (“Insurance”), 21 (“Order of Precedence”), 23 (“Governing Law and Jurisdiction”), 24 (“Entire Agreement”), 25 (“Successors and Assigns”), 26 (“Guarantee”), and 27 (“Notice”). In addition, any deviation by the awarded Entity, without prior documented approval, will be grounds for rejection of the Services or of any goods, and/or equipment when delivered.

23.0 BASIS OF AWARD

Notice of the intent to award the Contract will be provided with reasonable promptness by written notice from the Director of Procurement, or his/her designee, to the lowest responsible and responsive Entity whose Bid meets the requirements and criteria set forth in this IFB.

24.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

Entities shall submit a State of Maryland Certificate of Good Standing or other State of Maryland issued documentation verifying the Entity is in Good Standing with the Department of Assessments and Taxation of Maryland and/or registered to do business in the State of Maryland. The Maryland Certificate of Good Standing must be issued no later than sixty (60) days prior to the Bid Due Date. If the Certificate of Good Standing contains a minor irregularity, the Entity will be allowed five (5) business days to cure the minor irregularity or be determined non-responsive. Certificates of Status may be obtained online by visiting the following website: https://egov.maryland.gov/BusinessExpress/

This requirement applies to both Domestic and Foreign (out of state) Entities. Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 at 888-246-5941, to determine and apply for the appropriate documentation.

25.0 UNNECESSARILY ELABORATE BROCHURES

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective Bid are not desired and may be construed as an indication of the Entity’s lack of cost consciousness. Elaborate artwork and expensive visual and other presentation aids are neither necessary nor wanted.

26.0 E-RATE COMPLIANCE

City Schools expect respondents to make themselves thoroughly familiar with all applicable rules and regulations regarding the E-Rate program. Respondents are required to be in full compliance with all current and future requirements issued by the Universal Service Administrative Company’s Schools and Library Division (SLD) throughout the contractual period of any contract entered into as a result of this RFP.

Any respondent responding to this proposal must be registered with USAC and have a https://egov.maryland.gov/BusinessExpress/

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USAC-issued Service Provider Identification Number (SPIN/498 ID) upon award of the contract and prior to submission of the Form 471. If respondent does not have a SPIN/498 ID as of the date IFB bids are due, the respondent MUST show evidence satisfactory to City Schools they are in the process of obtaining a SPIN/498 ID in their response to this bid. More information about obtaining a SPIN/498 ID and participating in E-Rate can be found at this website: http://www.usac.org/sp/about/getting-started/default.aspx

To comply with E-Rate requirements, the selected respondent shall maintain all records, correspondence, receipts, vouchers, memoranda and other data relating to the services provided under the resulting contract. All records referenced above and any required under the document retention requirements of the FCC shall be retained for at least ten

(10) years after the last day of the delivery of discounted services, such information shall be subject to inspection and audit by City Schools and/or SLD/USAC and/or their contractors. Pursuant to 47 CFR 54.516, the prime vendor as the service provider, shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements for the E-Rate program, including those requirements pertaining to what services and products are purchased, what services and products are delivered, and how services and products are being used. The prime vendor/service provider shall assume responsibility for its subcontractors’ compliance with the FCC requirements on document retention and auditing. The prime vendor/service provider shall include, in all of its subcontractor agreements for services, provisions requiring subcontractors to maintain the above-described records and allowing the City Schools and/or SLD/USAC and/or their contractors the same right to inspect and audit said records as set forth herein.

Respondents shall also provide information in their bid response regarding any point at which they were placed on “red light” status by the FCC either currently or at any time during the prior ten E-Rate funding years.

27.0 COOPERATION WITH CITY SCHOOLS PREPARATION OF E-RATE APPLICATIONS

Bidder agrees to provide on a timely basis information that City Schools requests in order for the City Schools to timely apply for E-Rate Support.

28.0 SERVICE LEVEL AGREEMENT

A service level agreement specifying the guaranteed uptime and describing credits for performance below this guaranteed level must be provided with your Bid, and it must be at least as robust as the sample set forth below:

http://www.usac.org/sp/about/getting-started/default.aspx

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

SERVICE LEVEL AGREEMENT

To the extent that the Services provided by the successful Entity according to the terms of this Agreement awarded pursuant to this IFB constitute digital content to be provided through an online platform (“Digital Content Product”), this Service Level Agreement (“SLA”) governs the use of such Digital Content Product in accordance with the Agreement.

A. Definition. “Availability” shall mean the availability of the Digital Content Product for use by City Schools or City Schools Users to access, view, upload, and download content. The Entity shall use commercially reasonable efforts to make the Digital Content Product available with a Monthly Uptime Percentage of at least 99.9% during any calendar month. Subject to the SLA Exclusions, if the Entity does not meet the Service Level Commitment, City Schools will be eligible to receive a Service Credit.

Any unavailability of the Digital Content Product resulting from scheduled maintenance for which the Entity provided notice under Section 3 of this SLA will not be deemed to be non-Availability, except to the extent such scheduled maintenance time is in excess of four (4) hours in the applicable calendar month.

B. Measurement. Availability measurements of the Digital Content Product shall be performed by the Entity.

C. Service Level Commitment. During each calendar month, the Entity shall provide an average combined Availability of no less than 99.9%.

D. Incident Management Procedure. The Entity shall respond to an incident resulting in City Schools loss of use or functionality of the Digital Content Product (“Incident”) in accordance with time intervals and other requirements corresponding to the applicable Incident priority levels set forth in the below table. Incident priority levels will be reasonably determined by the Entity in a manner consistent with the below descriptions. City Schools shall provide commercially reasonable assistance to the Entity in connection with the Entity’s efforts to respond to an Incident.

E. Uptimes and penalties. Every month, the Entity will compare confirmed actual uptime to the targets described in the table below. In the event that actual uptime does not meet the targeted uptime, the following credits will be issued to City Schools, on a monthly basis.

Service Level based on the actual uptime

Remedial action/penalties

Above 99.95% Remedial action will be taken to address issues causing any downtime.

98.00 to 99.94% 10% credit of fee for affected calendar month will be posted to next billing cycle, and remedial action will be taken to address issues causing any downtime.

95.00 to 97.99% 25% credit of fee for affected calendar month will be posted to next billing cycle, and remedial action will be taken to address issues causing any downtime

93.00 to 94.99% 50% credit of fee for affected calendar month will be posted to next billing cycle, and remedial action will be taken to address issues causing any downtime

Below 93% 100% and, at Authorized User’s sole discretion, termination of such Authorized User’s order

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

The Entity will provide an incident response and escalation schedule meeting the following minimum requirements:

Incident Priority Level Definition of Incident Priority Level

Response and Resolution Guarantees

Critical An incident causing application failure, downtime

Entity will respond to incident within 30 minutes and will resolve incident within 4 hours.

High

An incident causing loss or failure of critical/essential functionality required to do business for which no temporary workaround is available

Entity will respond to incident within 2 hours and will resolve incident within 8 hours.

Medium

An incident causing loss or failure of critical/essential functionality for which a temporary workaround is available

Entity will respond to incident within 4 hours and will resolve incident within 12 hours.

Low An incident causing loss of non-essential functionality for which a temporary workaround is available

Entity will respond to incident within 8 hours and will resolve incident within 24 hours.

Please Note: In the event that City Schools reports an Incident outside of the Entity’s normal business hours, the respective time for the Entity to respond to such Incident shall carry over to the next business day.

F. Notification. The Entity shall make available to City Schools monthly uptime data for City Schools to determine whether an unacknowledged non-Availability incident has occurred in the previous calendar month. To receive credit for a non-Availability incident that has not been acknowledged by the Entity, City Schools must notify the Entity within ten (10) business days after the end of the calendar month in which the non-Availability incident occurred and include therein the dates and times of each such incident.

G. Amounts. Unless otherwise mutually agreed upon by the Parties or otherwise stated in the

General Articles (Appendix B to the IFB; Attachment I to the Agreement), any and all remedies stated herein for any particular month shall not exceed the amount of the Agreement fee applicable for such month. Any credits provided by the Entity against future payments shall not affect City Schools’ obligation to pay to the Entity amounts already due and payable.

H. Credits. In all places where the term “credit” is used in this SLA, the parties acknowledge and agree that such term shall be understood to mean a credit that is to be applied against future amounts that become due and owing from City Schools to the Entity.

I. Exclusions. The service level commitments stated herein shall not apply under any of the following circumstances: (i) any usage by City Schools of the Digital Content Product that violates the Agreement; (ii) failure of any components or systems that are supplied by the City Schools; (iii) force majeure events as described in the City Schools General Articles;

(iv) City Schools’ negligent, reckless, or intentional acts or omissions, or the negligent, reckless, or intentional acts or omissions of City School Users; (v) delays caused by City Schools, City Schools facilities, or City Schools equipment, or lack of access to facilities due to City Schools’ acts or omissions; and (vi) downtime arising from service and

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

maintenance activities performed by or for the Entity that occur during normal service periods.

J. Notifications of Scheduled Maintenance. The Entity shall provide City Schools at least twenty-four (24) hours advance notification of scheduled maintenance to the Digital Content Product. Notwithstanding the foregoing, scheduled maintenance shall not occur Monday through Friday between 7 a.m. and 6 p.m.

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

PART III: BID FORMAT

1.0 ELECTRONIC BID SUBMISSION

The Entity’s Bid shall be submitted as one (1) PDF Document electronically to eMaryland Marketplace Advantage (eMMA) at https://emma.maryland.gov. Bids shall be submitted electronically via the eMaryland Marketplace Advantage website (https://emma.maryland.gov). Bids will not be accepted by fax, by postal mail, electronic mail or by hand delivery.

3.0 VOLUME I: BID SUBMISSION FORMAT

Each bid must include a table of contents and all pages in the bid submission must be numbered, consecutively from beginning to end and separated by tabs as described below:

TAB A. TRANSMITTAL LETTER

Bids are to be accompanied by a brief transmittal letter prepared on the bidder’s letterhead and signed by an individual who is authorized to commit the Offeror to the services and requirements in the IFB. This transmittal letter shall include:

1. The name, title, address, telephone number, and electronic mail address of the person authorized to bind the bidder to the contract, who will receive all official notices concerning this IFB.

2. The bidder’s Federal Tax Identification Number or Social Security Number.

3. A brief statement of the bidder’s understanding of the work to be done, the commitment to perform the work within the time period, and a statement of why the firm believes itself to be best qualified to perform the engagement.

4. A statement that the proposal is a firm and irrevocable offer for a period of one-hundred eighty (180) days.

5. Acknowledgement of all Addenda to this IFB.

TAB B. TABLE OF CONTENTS

TAB C. EXPERIENCE AND CAPABILITIES

Bidder shall provide information on past and current experience with rendering services similar to those in this bid. This description shall include:

1. Summary of the services offered including the number of years the bidder provided these services; the number of clients and geographic locations the bidder currently serves, etc. and has served; and if a past customer, why the bidder is no longer providing services.

2. Organizational chart of the bidder showing the major components of the unit(s) that will be performing the requirements of this contract; where the management of this contract will fall within the organization; and what resources will be available to support this contract in primary, secondary and back-up roles.

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

3. Name all key personnel who will perform work under this contract and include each individual’s resume. Include work history, educational background and indicate the proposed role/function of each individual.

4. At least five (5) recent references from its customers who are capable of documenting the following: a) the bidder’s ability to manage similar contracts, b) the quality and breadth of services provided by the bidder under similar contracts (See Appendix C).

TAB D. FISCAL INTEGRITY/FINANCIAL STATEMENTS

1. The Bidder shall include in its bid, completed audited financial statements including the auditor’s notes, for its last two fiscal years. If the bidder has not had its financial statements audited by an independent accounting firm, the bidder must submit such un-audited financial statements as it has. Some acceptable methods include but are not limited to one or more of the following:

A. Recently audited (or best available) financial statements

B. Dunn and Bradstreet Report and Rating

C. Standard and Poor’s Report and Rating

D. Lines of credit

E. Evidence of a successful financial track record

F. Evidence of adequate working capital

2. Bidder shall identify any claims filed by or against the Bidder during the past five

(5) years. For each claim, please provide case caption including case number, court in which the matter was filed, a summary of the allegations, and resolution, if applicable. The failure to provide accurate information may be determined to be a material breach of any future agreement or contract with City Schools.

TAB E. FORMS

Forms shall be submitted electronically through eMaryland Marketplace Advantage. The Bidder shall provide and execute all of the following or their Bid may be found non-responsive:

1. Certificate of Status (State of Maryland Certificate of Good Standing with the

Department of Assessments and Taxation)

2. Completed Non-Collusion Certificate (Notarized) (Appendix D)

3. Completed Debarment Affidavit (Notarized) (Appendix E)

4. Completed Anti-Bribery Affidavit (Notarized) (Appendix F)

5. Certificate of Insurance that complies with § 19-116 of the Insurance Article, Maryland Annotated Code

6. Completed W9 available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf

7. Completed Ethics Certification (Appendix G)

8. Completed Bid Form (Appendix H)

Failure to provide any of the requested information or documents in this solicitation may render the bid non-responsive.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

PART IV: EVALUATION AND SELECTION PROCEDURE

1.0 EVALUATION COMMITTEE

A. Evaluation of the bids will be performed by a committee established for that purpose and will be based on the criteria set forth below. The contract resulting from this IFB will be awarded to the Bidder providing the most cost-effective service offering in accordance with Federal Communications Commission (FCC) rules and per the Sixth Report and Order, FCC 10-175. FCC rules dictate the following: §

54.503 (c)(2)(vii) All bids submitted for eligible services will be carefully considered, with price being the primary factor, and the bid selected will be for the most cost-effective service offering consistent with § 54.511. § 54.511 Ordering Services (a) Selecting a provider of eligible services. In selecting a provider of eligible services, schools, libraries, library consortia, and consortia including any of those entities shall carefully consider all bids submitted and must select the most cost-effective service offering. In determining which service offering is the most cost-effective, entities may consider relevant factors other than the pre-discount prices submitted by providers, but price should be the primary factor considered.

B. The Evaluation Committee may consider factors other than price alone in the consideration of bids; price for E-Rate eligible goods and services will be the primary factor considered. City Schools reserves the right to reject any or all quotation submittals and to waive any informalities or regularities. The Service Provider’s quotation submission is recognition of this right. In addition, City Schools reserves the right to fund, (proceed with project or purchase) or not to fund, regardless of E-Rate approval.

2.0 EVALUATION PROCESS

A. The committee will evaluate each bid submission using the evaluation criteria set forth below. Questions may be submitted to the Bidders to clarify areas in their bid submission. During the evaluation process, the committee may request technical assistance from any source.

B. The Committee will recommend the Bidder whose bid submission offers the most cost-effective service offering.

3.0 EVALUATION CRITERIA

The Evaluation Committee will evaluate the bid submissions using the following criteria below. The committee shall determine which Bids have the basic requirements of the IFB and shall have the authority to determine whether any deviation from the requirements of the IFB is substantial in nature. The committee may reject in whole or in part any and all Bids and waive minor irregularities.

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

EVALUATION MATRIX

Evaluation Factors Maximum Number of

Points

Price of E-Rate Eligible services needed in order to make the solution work

45 points

Bidder’s demonstrated ability to fulfill the Scope of Work 25 points

Bidder’s Experience and Capabilities in providing Managed Dedicated Services

20 points

Price of any ineligible products and services needed in order to make the solution work

10 points

Total 100 points

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

PART V: APPENDICES

IFB-23028 IFB Template Effective Date:

DATA MONITORING SERVICES FOR TWO (2) TEN (10) GB CONNECTIONS 2/17/2021

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

These Special Terms and Conditions shall apply unless otherwise noted in General Terms and Conditions attached to individual Bid request. It shall be the Entity’s sole responsibility to ensure it is compliant with all applicable Laws that may impact any Contract awarded pursuant to this IFB. City Schools shall bear no responsibility for monitoring the Entity’s compliance with Laws. If the Entity fails to maintain legal compliance, City Schools may find said Entity in default.

1. GENERAL BID REQUIREMENTS

a. AUTHORIZED DEALERS: Only authorized dealers may submit a Bid for requested equipment. At the discretion of City Schools, a certificate, executed by the manufacturer, may be requested stating that the Entity is an authorized agent of the manufacturer and is duly authorized to service and maintain the equipment.

b. INSPECTIONS: After Bid award, City Schools reserves the right to have inspectors on the premises of the manufacturer during the process of manufacture of any products being furnished under this IFB for as long as may be considered necessary by City Schools. All expenses of the inspectors shall be borne by City Schools. The presence of the inspectors at the site of manufacture of the products shall not relieve the awarded Entity of responsibility for faulty workmanship of materials that may be discovered at any time after delivery and prior to final acceptance in accordance with the specifications. In case of factory inspection of items being manufactured for City Schools, every facility shall be afforded inspectors by the manufacturers for the pursuance of their work.

c. TYPES OF PURCHASES: These…