ITT72_Cat1_RFR_10052018~2.docx

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Cellular Services & Devices
Contract number
ITT72 Category 1
Issued by
Massachusetts

About this file

This document is a Request for Response (RFR) issued by the Commonwealth of Massachusetts Operational Services Division for a Statewide Contract (ITT72) soliciting cellular services and devices. The procurement involves multiple state agencies including the Executive Office of Technology Services and Security (EOTSS), Executive Office of Public Safety and Security (EOPSS), and various executive department agencies across Massachusetts. The contract is available for use by cities, towns, counties, state branches, public authorities, libraries, schools, higher education institutions, public purchasing cooperatives, and non-profit organizations doing business with the Commonwealth.

The contract covers cellular services and devices, including voice, data, SMS, smartphones, tablets, accessories, and optional public safety grade wireless data services. It is structured with two categories: Category 1A (mandatory for Executive Department Agencies) and Category 1B (optional for other eligible entities). The estimated contract value is $303 million over approximately 42 months, with a potential two-year renewal option extending the contract to June 30, 2024. The procurement seeks competitive pricing, service quality, transparency, security, and emerging technologies. Bidders are required to offer bundled plans with unlimited voice and text, various data volumes, international options, and meet specific environmental and security standards. Pricing will be evaluated alongside service quality, environmental practices, and supplier diversity commitments.

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REQUEST FOR RESPONSE

Cellular Services and Devices RFR #ITT72 Category 1 / COMMBUYS Bid# BD-19-1080-OSD03-SRC01-31414

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Cellular Services & Devices

Agency Document Number: ITT72, Category 1

COMMBUYS Bid#: BD-19-1080-OSD03-SRC01-31414

October 5, 2018

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Issuing Entity
Operational Services Division
Address
One Ashburton Place, Room 1017
City, State, Zip Code
Boston, MA 02108
Procurement Contact Person
Ashish Patel
Telephone Number
617-720-3190
E-Mail Address
ashish.s.patel@mass.gov
Procurement Category
Telecommunications
UNSPSC Codes
83-11-16, 43-19-15

Revision History

Version
Date
Author
Brief Description
1.0
9/18/2016
A. Patel
Initial release
1.1
10/05/2018
A. Patel
- Header: Corrected Bid#

- Section D.3 Cellular Devices clarified no-cost options

- Section D.8: Public Safety Wireless revised with instructions for completing Appendices 5 & 6.

- Section D.8.6: EOPSS Service Agreement newly added

- G.2: Evaluation Components revised with instructions for completing Appendix 6.

- Attachments Appendix 5 and 6 revised

Changes are highlighted in Gray.

A.Introduction and Bid Overview9
A.1Description or Purpose of Procurement9
A.2Estimated Procurement Calendar9
A.3Pre-Bid Conference11
A.4Submission of Bid Questions11
A.5Locating Bid Q&A11
A.6Bid Amendment Deadline12
A.7Late Bids will not be Considered12
A.8Debriefing12
A.9Acquisition Method:12
A.10Anticipated Contract Awards:12
A.10.1Adding Contractors after initial Contract Award12
A.11Performance and payment time frames which exceed Contract duration12
A.12Entities Eligible to Use the Resulting Contract13
A.13Anticipated Contract Duration13
A.14Estimated Value of the Contract13
B.Procurement Scope and Description14
B.12-Way Radio Excluded14
B.2Categories14
B.3Executive Department Agencies14
B.4Objectives of this procurement15
B.5Future State for Cellular Services and Devices15
C.Bidder Qualifications16
C.1Company Experience16
C.2Business Profile16
C.3Financial stability including capacity, bankruptcy, litigation and contract defaults17
D.Service Specifications17
D.1General Requirements18
D.1.1Discount Threshold18
D.1.2Geographic Service and Delivery Areas18
D.1.3Subsidized Plans18
D.1.4Unsubsidized Plans18
D.1.5Customer Proprietary Network Information (CPNI)18
D.1.6Central Billing19
D.1.7Monthly Billing Information19
D.1.8Dedicated Account Teams19
D.1.9Erroneous Billing20
D.1.10Implementation Review21
D.1.11Annual Review21
D.1.12Customer Friendly Service Catalog21
D.1.13COMMBUYS Technical Specifications21
D.1.14No Activation, Change or Cancellation Fees21
D.1.15Employee Plan21
D.1.16In Store Support22
D.1.17In Store Support that Requires Approval22
D.1.18Approval for Exceptions22
D.1.19Distributed Antennae Systems (DAS) or Equivalent22
D.1.20Contract Transition Support22
D.2Cellular Services Requirements22
D.2.1Cellular Services Features22
D.2.2Cellular Data Features and Offerings23
D.2.3International Coverage23
D.3Cellular Devices23
D.4Security24
D.5Service Level Agreement (SLA)24
D.6New Technology25
D.7Other value-added offerings25
D.8Public Safety Grade Wireless Data Services25
D.8.1Appropriate Use of Public Safety Grade Wireless Data Services26
D.8.2Description of Requested Services27
D.8.3Reporting Requirements29
D.8.4User Agreements to Share CPNI with EOPSS30
D.8.5Commitment to Interoperability Amongst Carriers30
D.8.6EOPSS Service Agreement31
D.9Satellite Services and Equipment31
E.Environmental Practices31
E.1Environmentally Preferable Products31
E.2Environmental plan32
E.3Electronic Procurement Environmental Assessment Tool (EPEAT) for Mobile Devices32
E.3.1Battery removability/replacement by qualified repair service providers or authorized repair providers33
E.3.2Ease of disassembling mobile phone33
E.3.3Availability of replacement parts33
E.3.4Compliance with the European Union REACH Regulation33
E.3.5Compliance with the European Union RoHS Directive33
E.3.6Post-consumer recycled plastic and biobased plastic content in the mobile phone and accessories34
E.3.7Battery charger systems34
E.3.8Packaging34
E.4Take-Back Programs34
F.Supplier Diversity Plan35
G.Evaluation Criteria35
G.1Mandatory Requirements35
G.2Evaluation Components36
G.3Best Value Selection and Negotiation36
H.Statewide Contract Standard Requirements36
H.1Use of COMMBUYS36
H.2Fiscal Terms37
H.2.1Bill Payment37
H.2.2Electronic Funds Transfer (EFT)37
H.2.3Creditworthiness37
H.2.4Tax Exemption37
I.Instructions for Submission of Responses38
I.1Electronic Signatures38
I.2Ink Signatures38
I.3Required Forms38
I.4Limits and Restrictions39
I.4.1Document Pages39
I.4.2File Naming Conventions and Required Formats39
I.4.3File Size Limits40
I.4.4File Format Restrictions40
J.Requirements for Doing Business after a Contract Has Been Awarded40
J.1Category 1A Ordering Process and Roles and Responsibilities41
J.2Category 1B Ordering Process and Roles and Responsibilities43
J.3Performance Measures:44
J.3.1Minimum amount of business with this Contract44
J.3.2Continued qualification based on performance44
J.4Reporting Requirements and Due Dates44
J.4.1Reporting and Payment Due Dates44
J.4.2Quarterly Sales and SDP Report44
J.4.3Statewide Contract Administration Fee and Report45
J.4.4Audit46
J.4.5Other Terms47
K.APPENDIX 1 – Required Terms for all Statewide RFRs48
K.1Applicable Procurement Law48
K.2General Procurement Information48
K.2.1Alterations48
K.2.2Bidder’s Contact Information48
K.2.3COMMBUYS Market Center48
K.2.4COMMBUYS Registration49
K.2.5Quote Content49
K.2.6Costs49
K.2.7Prompt Pay Discount49
K.3General Quote Requirements, Provisions, and Prohibitions50
K.3.1Multiple Quotes50
K.3.2Minimum Quote Duration50
K.3.3Bidder’s Contact Information50
K.3.4Prohibitions50
K.3.5Non-Collusion50
K.3.6Public Records Law50
K.3.7Reasonable Accommodation51
K.3.8Ownership of Submitted Quotes51
K.4Terms and Requirements Pertaining to Awarded Statewide Contracts51
K.4.1Contractor’s Contact Information51
K.4.2Contractual Status of Orders and Service Contracts51
K.4.3HIPAA: Business Associate Contractual Obligations52
K.4.4Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply52
K.4.5Pricing52
K.4.6Publicity52
K.4.7Statewide Contractor Marketing Requirements53
K.4.8Subcontracting Policies53
K.4.9Transaction Fee53
K.4.10Standard Business Expenses53
K.4.11Emergency Standby Commodities and/or Services53
L.Appendix 2 - Required Terms for all INFORMATION TECHNOLOGY Statewide RFRs54
L.1Enterprise Policy and Standards54
L.2Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions54
L.3Executive Order 504 Information Technology System and Data Security Disclosure and Commitment Form55
M.APPENDIX 3 - Instructions for Execution and Submission of Commonwealth Standard Forms56
M.1Commonwealth Standard Contract Form56
M.2Commonwealth Terms and Conditions56
M.3Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)57
M.4Contractor Authorized Signatory Listing57
M.5Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment58
M.6Current Environmental Practices Form58
M.7Human Trafficking and Forced Labor Prohibition58
N.APPENDIX 4 - Instructions for Vendors Responding to Bids Electronically through COMMBUYS59
O.GLOSSARY62

Introduction and Bid Overview Description or Purpose of Procurement The Commonwealth of Massachusetts and the ITT72 Telecommunications Services Strategic Sourcing Team (SST) are soliciting responses from Bidders for the acquisition of Cellular Services and Devices. The Contract resulting from this procurement will be Statewide Contract ITT72: Telecommunications Services, Category 1: Cellular Services & Devices. A Bid for the remaining categories of ITT72 will be published separately. The Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for Cellular Services and Devices. The Statewide Contract will also be available for use by other eligible entities listed below.

Statewide Contract ITT72: Telecommunications Services and Equipment is intended to replace Statewide Contracts ITT46: Network Services and ITT50: Converged Voice and Data Communication Systems.

The SST anticipates the categories of ITT72 to be defined as follows:

Category
Category Description
1: Cellular Services and Devices
Cellular Voice, Data, SMS and Devices (this procurement)
2: Voice Usage and LEC Services
Long Distance – SIP, Inbound, Outbound

Local – Centrex, POTS, Business Line, Direct Inward Dialing (DID), ISDN, PBX, VoIP (including option for equipment purchase with service), Pay Phones

3: Conferencing
Audio Conferencing, Web Conferencing, Video Conferencing
4: Data Services and Broadband
MPLS, Internet (Dedicated and Broadband), Point-to-Point/Private Line, Ethernet Switched 56K, SONET, Frame Relay, SD WAN
5: Small Office Internet Services
Internet (Dedicated and Broadband)
6: Fiber Services
Dark Fiber Services, LIT Fiber Services
7: Managed Services
Ongoing operational support for RFR 2 services, MassVoice
8: Call Center
ACD, IVR, advanced routing, and other features

Estimated Procurement Calendar

Action
Date
Announcement of Intent to Procure
December 06, 2017
Release of Draft RFR
August 16, 2018
Bidder Response to Draft RFR
August 31, 2018
Bid Release Date
September 18, 2018
Bidder’s Conference
September 26, 2018,

1:00 PM – 2:00 PM

Deadline for submission of written questions through COMMBUYS “Bid Q&A”
October 2, 2018, 4:00 PM
Official answers for Bid Q&A published (Estimated)
October 5, 2018, 4:00 PM

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available: 9/19/2018 10:00AM to 11:00AM 10/25/2018 10:00AM to 11:00AM Location: Live Webinar (Online) Limited seating – reserve your seat now at: How to Locate and Respond to Bids

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.
October 5, 2018
Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)
October 30, 2018, 2:00 PM
Notification of Apparent Successful Bidder(s) (Estimated)
November 9, 2018
Commencement of Concurrent Negotiations
November 13, 2018
Conclusion of Negotiations (Estimated)
December 7, 2018
Completion of Online Catalogs (Estimated)
December 21, 2018
Estimated Contract Start Date
January 1, 2019

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Pre-Bid Conference A Bidder’s Conference webinar will be conducted Tuesday, September 26, 2018 from 1:00 – 2:00 PM. Interested Bidders should pre-register for the conference by sending an email to ashish.s.patel@mass.gov with “ITT72 Pre-Bid Conference” included in the Subject line. Instructions for joining the webinar will be provided via return email.

Due to the high level of interest in this procurement and the limited number of connections, Vendors are asked to minimize the number of webinar registrations by having multiple staff from the same company share a single connection in a conference room.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bidders and awarded Contractors are required to view the COMMBUYS requirements located in Section H.1, Appendix 1 and elsewhere in this bid and are responsible for compliance with those requirements.

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Late Bids will not be Considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the notification of award decision. The SST will provide debriefing guidelines in advance of each debriefing.

Acquisition Method:

The acquisition methods to acquire goods and/or services from this Bid are Fee for Service, Outright Purchase, and License.

Anticipated Contract Awards:

The optimal scenario for this procurement is the selection of a single vendor. However, if necessary multiple contractors could be awarded as follows:

· For Category 1A, the SST may award up to two (2) vendors

· For Category 1B, the SST reserves the right to award as many vendors as it deems to be in the best interest of the Commonwealth Refer to Section B.2 for a description of Categories 1A and 1B.

Adding Contractors after initial Contract Award If, over the life of the contract, the SST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids. All contracts shall be awarded with coterminous end dates.

Performance and payment time frames which exceed Contract duration All service agreements, term leases, and licenses entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than one (1) year beyond the final termination date of this Statewide Contract. No new agreements may be executed after the Contract has expired. Any contractor entering into new engagements with Eligible Entities after contract expiration will be subject to remedial measures, including but not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Anticipated Contract Duration The initial term of this Contract is approximately 42 months, with an estimated End Date of 6/30/2022. In addition, this Contract has one option to renew of up to two years with a maximum Contract End Date of 6/30/2024 (including the initial term and all possible renewal options). Contract renewals will be offered at the sole discretion of OSD.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $303 million over the life of the contract, including all renewals. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing ITT46 Category 3: Cellular Services data from the Massachusetts Management Accounting and Reporting System (MMARS) and vendor reported sales to Commonwealth of Massachusetts Eligible Entities. The sales data for FY2017 breaks down as follows:

Contract User Group
Annual Spend (FY2017)
# of Entities
Executive Department Agencies
$7M
80+ Agencies
All other Eligible Entities
$48M
900+ Organizations

Procurement Scope and Description The Commonwealth of Massachusetts and the Telecommunications Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of cellular services and devices. Cellular Services include, but are not limited to, voice, text and data services. Cellular Devices include, but are not limited to cellular phones, including ruggedized phones, cellular phone accessories, tablets, MiFi devices and pagers. In addition, it is the expectation of the SST that public safety cellular (wireless) services and satellite services and equipment may be available through this Contract.

2-Way Radio Excluded This RFR does not include cellular services and devices that require the customer to obtain an FCC radio license such as for 2-Way Radio services. The Commonwealth procures such services under other Statewide Contracts.

This solicitation and the resulting contract constitute a significant change to the manner in which the Commonwealth has acquired and managed cellular services and devices. Departing from past practice, the new procurement vehicle is intended to consolidate the executive department’s contractual expenditures for cellular services and devices into a mandatory-use, centrally managed enterprise agreement. This approach is intended to enable entities in the executive department to standardize the cellular services and products. Relatedly, the new approach will also seek to aggregate the total executive department annual expenditure on cellular services and devices.

Categories This ITT72 Category 1 is subdivided into two subcategories:

· Category 1A, use of which is mandatory for Executive Department Agencies and optional for use by other Eligible Entities. The Executive Office of Technology Services and Security (EOTSS) will be responsible for vendor service delivery management, oversight of cellular services and devices used across the Executive Department, and day-to-day administration of the contract.

· Category 1B will be available for use by those Eligible Entities who do not opt to use Category 1A. Category 1B will be structured in a manner substantially similar to the way in which ITT46 is currently structured with multiple vendors and a wide variety of service plans and devices.

Executive Department Agencies

1. Executive Office for Administration and Finance

2. Executive Office of Housing and Economic Development

3. Executive Office of Environmental and Energy Affairs

4. Executive Office of Health & Human Services

5. Executive Office of Transportation

6. Executive Office of Labor and Workforce Development

7. Executive Office of Public Safety and Security

8. Executive Office of Education

9. Executive Office of Technology Services and Security

Objectives of this procurement

· Competitive pricing – The Commonwealth expects awarded vendors to provide best-in-class pricing offered to similar public entities as well as private corporations

· Service Quality and Customer Service – The Commonwealth expects awarded vendors to act as a partner by proactively responding to the needs of Executive Department and Eligible Entities as they arise, as well providing access to the technologies that best meet their needs

· Transparency and Insight into Vendor Performance – The Commonwealth expects awarded vendors to provide clear, understandable billing and reports on agreed upon and informative performance measures represented in Service Level Agreements

· Security – The Commonwealth expects awarded vendors to comply with enhanced security measures and policies of the Commonwealth and offer technologies and security add-ons to support improved security within the Executive Department

· Emerging Technologies – The Commonwealth expects awarded vendors to offer emerging technologies that are relevant to the Executive Department and Eligible Entities and proactively support these organizations to transition to current, commercially available, industry standard technology The unique cellular service and device needs of the Executive Department and many Eligible Entities include support for employees working in the field directly with citizens and business, electronic highway signage supported by 4G technology and public safety vehicles with consoles that must be able to connect to public safety databases. In addition, reliable service is needed in both dense urban centers as well as rural locations (e.g. State Parks).

Future State for Cellular Services and Devices The Commonwealth’s strategy for Cellular Services and Devices is to:

· Support an easy-to-use approach for procuring cellular services and devices through access to vendor supported PunchOut catalogs

· Standardize the plans and devices available for purchase by the Executive Department

· Achieve savings through the pooling of data across Executive Department Agencies, and potentially Eligible Entities

· Support centralized account management across the Executive Department

· Offer viable choice of plans and devices to Eligible Entities that will meet various needs and provide savings Under Category 1A, it is anticipated that the Executive Department will operate as follows with the following roles and responsibilities. Contractors are expected to coordinate with EOTSS and must agree to accommodate changes made to this process as it is developed and enhanced over the lifetime of the awarded contract.

Bidder Qualifications Bidders should describe in a concise narrative their qualifications as indicated below. Resellers are eligible to respond to this solicitation and will be considered for award if they are able to fulfill the Bidder Qualifications listed in this Section C as well as the Service Requirements listed below (Section D).

Company Experience

· Business background

· Years in business

· Years in the industry of the Bid Business Profile Bidders must provide a brief business profile outlining the Bidder's overall operations, qualifications and organizational capabilities related to performing to the requirements of the Statewide Contract. The business profile must describe the overall qualifications, including certifications and licenses, and experience relevant to providing cellular services and devices.

The business profile must:

· State whether the firm is local, national, or international and the total number of professional employees

· State the number of years the firm, under its present tax identification number (TIN/FEIN), has provided cellular services and devices.

· State the location of the office(s) from which the work is to be managed and the location from which the work will be performed

· State the total staff available for this Contract at the location(s) of this office(s) from which the work is to be managed

· Identify any Subcontractors the Bidder intends to utilize in the performance of this contract, if awarded.

Financial stability including capacity, bankruptcy, litigation and contract defaults Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges against the Bidder related to performance of the requirements of this RFR.

Bidders must provide:

· A list of all criminal and civil penalties, judgments, consent decrees and other sanctions within the last five years, as a result of any violation of any law, rule, regulation or ordinance in connection with its business activities relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all actions occurring within the last five years which have resulted in revocation or suspension of any permit or authority to do business in any U.S. jurisdiction relating to the submitting entity, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all actions occurring within the last five years that have resulted in the barring from public bidding relating to the Bidder, an officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all bankruptcy and other similar proceedings within the past five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

Failure to identify such contingencies as part of a Response will be considered sufficient cause for immediate termination from the Statewide Contract if such information is discovered during the life of the Contract.

In addition, Bidders must provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any material contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event.

Contingencies and defaults must be uploaded as an attachment to the Bidder’s COMMBUYS quote in response to this Bid.

Service Specifications The Bidder must describe the service it offers as compared to the requirements listed below, using the Excel template labeled Appendix 5: Service Requirements Response. The Service Requirements Response template indicates which requirements apply to Category 1A and/or Category 1B purchasers.

General Requirements The Bidder must be able to provide cellular services as well as mobile, transportable and fixed cellular devices that can be used to access these services.

The Bidder must have contingency plans for system failure, transmission site failure, and power failure as well as how the Bidder insures survivability and service continuity in the event of natural disasters and/or acts of God.

The Bidder must monitor and evaluate the technological quality, performance, and security of its cellular services, minimize gaps in coverage, and limit access and insure authentication.

Discount Threshold The Bidder must base discount thresholds on both corporate liable purchases (i.e. Executive Department and Eligible Entity purchases) as well as employee/personal liable purchases made on the contract associated with this solicitation.

Geographic Service and Delivery Areas The Bidder must be able to provide and maintain comprehensive, dependable, uniform coverage for its cellular services nationwide. This coverage must include all geographic areas of Massachusetts and neighboring geographic regions, including New Hampshire, Vermont, New York, Connecticut and Rhode Island. The Bidder must provide a coverage map as part of its response to this solicitation.

Subsidized Plans The Bidder will offer subsidized plans during which the cost of the cellular device will be included in the monthly recurring charge for the duration of the contract period. Once the initial contract period is complete, the device will be available for continued use on that plan at no cost (i.e. beyond 25 months).

Unsubsidized Plans The Bidder will offer unsubsidized plans that will not include the cost of the cellular device in the monthly recurring cost.

Customer Proprietary Network Information (CPNI) EOTSS is affirmatively entitled to all Executive Department CPNI. As such, as a condition of providing service pursuant to ITT72, Vendors for Category 1A must obtain agreement from all Executive Department agencies to share data related to cellular service and device usage for all cellular telephone numbers with OSD and EOTSS for purposes of contract reporting and management. Regarding Category 1B, Vendors must obtain permission from all purchasers to share CPNI with OSD. Vendors may use the Statement of Agreement in Appendix 7.

Central Billing In addition to standard invoicing, the Bidder must provide central, billing of telephone numbers by accounts for Executive Departments as specified by the Commonwealth. This may include integrating with a Telecommunications Expense Management System or State managed billing approach. At the purchaser’s request, paper bills and/or electronic billing must be provided. The Bidder must also provide the cost for issuing monthly paper invoices as well as the cost for monthly electronic invoicing in its response to this solicitation.

Monthly Billing Information The Bidder must provide access to a web portal that allows EOTSS to download monthly billing information for all cellular telephone numbers assigned to Executive Agencies (known as the Master Account) in a report format. Additionally, the Bidder must allow each Secretariat to establish a Sub Account and have access to a web portal to download monthly billing information for all cellular telephone numbers assigned to all employees of agencies and offices within its Secretariat. Additionally, the vendor system should provide the option of permitting subaccount owners to make payments relevant to their subaccount. Additionally, similar web portal services should be provided to all Eligible Entities. Billing details by telephone number should include:

i.Executive Agency or Eligible Entity Name
ii.Cost Center (if applicable)
iii.Employee name
iv.Plan name
v.Plan charges
vi.Categories of minutes used and available (e.g. mobile-to-mobile, anytime, roaming, domestic long distance, international long distance)
vii.Charges for each category of minutes
viii.Messages used and available, and associated charges
ix.Data usage and charges (domestic and international)
x.Feature names (e.g. navigation, roaming packages) and associated charges
xi.Device/equipment charges
xii.Employee Email (if applicable)

Dedicated Account Teams The Bidder must provide dedicated teams to meet the needs of the Commonwealth. Each team must be comprised of:

Account Manager – Responsible for overall account oversight and quarterly business reviews Billing Rep – Responsible for addressing billing inquiries Plan Reviewer – Responsible for monitoring usage patterns to recommend and change users to optimal subscription plans and pricing as well as reporting recommendations on a quarterly basis

The dedicated account teams shall be provided at no additional cost. The dedicated account teams may share the same staff as it relates to working with EOTSS to support the Executive Department Agencies and OSD as it relates to supporting Eligible Entities. Specialists should be highly familiar with the Commonwealth’s services and invoice structure. The individuals shall be the Commonwealth’s advocates in the timely investigation and resolution of billing errors, and must have the ability to make billing changes and corrections online in real time to the Bidder’s billing systems. Personnel changes to the Account Management team must be approved in writing by EOTSS and OSD for Category 1A and OSD for Category 1B.

Erroneous Billing EOTSS and Eligible Entities can file a claim to the vendor within 60 days of the statement date for all erroneous charges. All charges and fees not directly related to service or usage are prohibited. Vendors are required to correct erroneous billing within 60 days of notification of error, and refund/credit all prior charges and fees deemed to have been applied erroneously.

Prohibited Charges and Actions Charges not accepted by the Commonwealth’s Contract Manager and published in the Contractor’s COMMBUYS PunchOut Catalog are prohibited. Charges and fees not directly related to service or usage are prohibited.

Examples of prohibited charges include:

· State and Federal tax,

· Tax recovery charge,

· Universal Service Fund contribution,

· Subscriber Line Charge,

· End User Common Line charge,

· Carrier Access Recovery Charge,

· Carrier Line Charge or Assessment,

· Administrative Expense Fee,

· Shipping or freight charges,

· Late Payment Fees not in compliance with the Bill Paying Policy of the Comptroller of the Commonwealth, and

· Any other charges not specifically required by statute or regulation.

Examples of prohibited actions include:

· Third Party Marketing Sales

· Referral to Collection Agencies

· Suspension or Termination of Service without the written approval of the contracting Eligible Entity Implementation Review At their discretion, EOTSS and OSD will conduct an initial implementation review of any contract entered into under this RFR 90 days after contract execution.

Annual Review The Awarded Bidder must conduct a review of contractual pricing every 12 months during the contract term and meet with EOTSS and OSD to review. The first of these annual reviews will start 18 months from the start of the ITT72 contract. EOTSS and OSD will bring benchmark data (informed by current market information) to these reviews to inform negotiations and ensure that the agreed upon updated pricing is market competitive.

Customer Friendly Service Catalog The Bidder must develop and maintain accessible “PunchOut” catalogs for the Category 1A purchasers and/or the Category 1B purchasers. Designated cellular services and devices must be easily viewed and ordered from the Vendor’s "PunchOut" catalog. Where designated cellular services and devices can be easily viewed and ordered from the Awarded Vendor. This service catalog must be kept up-to-date and be easy-to-use.

COMMBUYS Technical Specifications The Bidder must be able to adhere to the technical specifications needed to access the Bidder's punch out catalog via the COMMBUYS portal as described in Appendix 9: COMMBUYS PunchOut Requirements.

No Activation, Change or Cancellation Fees The Bidder will not charge fees for activation of new services, upgrades, downgrades or cancellation of services. Any exceptions must be approved by EOTSS for Executive Department Agencies and OSD for Eligible Entities. (See Section D.1.9 for additional Prohibited Charges) Employee Plan The Bidder may offer an employee plan discount to Executive Agencies and Eligible Entity employees for service plans, devices and accessories (% discount).

In Store Support The Bidder will provide in Store support and device replacement for cellular devices. In Store support at no cost may include, but not be limited to, activation of replacement device, data transfer, and feature functionally activation. Items which will incur a cost or make a significant change to services as provided within the scope of the contract are excluded.

In Store Support that Requires Approval The Bidder will be responsible for receiving approval from EOTSS or agency designate for any in store support for Executive Department users that has an associated cost (e.g. replacement phone cost not covered, phone number transfer). This feature may also be offered to Eligible Entities. The Bidder must describe how it will fulfill this requirement.

Approval for Exceptions The Bidder will be responsible for receiving approval from EOTSS for any purchases made outside of items offered via the agreed upon PunchOut catalog for Category 1A (exceptions) and from OSD for Category 1B. The Bidder must describe how it will fulfill this requirement Distributed Antennae Systems (DAS) or Equivalent .The Bidder is responsible to ensure in-building service quality. If the service quality is poor in an area where the vendor reported they had coverage, the vendor would then be required to provide equipment at no cost for extension of service.

Contract Transition Support The Bidder must provide support as required to transition purchasers to the Bidder’s contract in a timely manner. At any point in the term of the contract, when services provided by one contractor are being transitioned to another contractor, the incumbent contractor shall provide full disclosure of information and other assistance necessary to effectuate a transition with no disruption to service and at no additional cost to the Commonwealth.

Cellular Services Requirements Cellular Services include voice and data coverage plans for cellular telephones. The Commonwealth strongly prefers bundled plans that allow for unlimited minutes and texting with various size data offerings (e.g. 2 GB, 4 GB, 8 GB, and unlimited GB). Cellular Services also include data plans to support other cellular devices such as MiFi and tablets.

Cellular Services Features The Bidder must provide the following features. These features must be included in the monthly recurring charge for services at no additional cost:

1.Unlimited domestic voice with free domestic roaming
2.Unlimited domestic mobile-to-mobile calling
3.Unlimited nationwide long distance
4.Wi-Fi Calling
5.Caller ID
6.Three way calling
7.Call forwarding ID
8.Call waiting
9.Call blocking, including per line caller ID blocking
10.Voicemail
11.Unlimited domestic SMS and MMS messaging
12.Simultaneous voice and data communications
13.Service upgrade and downgrade upon request

Cellular Data Features and Offerings The Bidder must offer bundled plans that include unlimited voice and text with various pooled cellular data volumes for cellular telephones. In addition, the Bidder must offer unlimited data plans.

The Bidder must provide the option to pool data volumes at both the sub-account (Agency) and master account (across all Executive Agencies) level. For example, if the Commonwealth desires, it may pool all data plans associated with the Executive Department together regardless of the accounts they reside in. In addition, the Commonwealth prefers the option to pool data within a single Eligible Entities organization.

The Bidder must offer cellular data plans for cellular telephones that provide the option to use a phone as modem or hot spot. Customers using this feature must be able to turn it on and off. This feature must be password protected.

The Bidder must send a warning to a cell phone and the respective administrator when data limits are being approached. If the data speeds (throughput) will be restricted after a certain threshold then the Bidder must send a warning to the data device administrator for the respective device. If the data speeds (throughput) will be consistent then no messaging is required. Bidders must indicate the threshold for each plan where this applies in the provided column in the price sheet (Appendix 6).

For Category 1A, the Bidder must notify EOTSS, or its designated cell phone administrator, when data volume has been reached on cell phones issued to the Executive Department. For Category 1B, the Bidder must notify the designated cell phone administrator, when data volume has been reached on cell phones issued to the Eligible Entities.

International Coverage The Bidder must provide international dialing, roaming, texting and data and share pricing for these services as part of its response to this solicitation. International voice and data must be able to be turned on and off by the cellular user. Additionally, international cellular services may only be granted by the Bidder to Executive Department users of cellular services and devices with prior authorization from EOTSS.

Cellular Devices Cellular Devices include smart phones, cellular phones, including ruggedized phones, cellular phone accessories, tablets, and MiFi devices and pagers.

1. It is desirable that for each service plan the Bidder offer at least one current iPhone and one current Android model at no cost.

These devices must be fully supported and have current security and software patches available at time of delivery and for a minimum of 1 year thereafter.

2. Apple and Samsung Smartphone products provided by the Bidder must support:

· ActiveSync policies (e.g. screen timeout lock, PIN requirement, remote wipe, wipe after # of invalid PIN entries, and storage encryption)

· Synchronization of Email, Contacts, Calendar, Tasks, and Notes

· Blocking small number text messages inbound or outbound

· Modem or hot spot capability

3.The Bidder must honor all warranty items that require repair and replacement at no cost. The Bidder must describe its approach to resolving issues with cellular devices that are not covered by the warranty or after the warranty period expires.
4.For iPads that include cellular service, the Bidder must offer a version of the Apple iPad at a discount. iPads that do not include cellular service (WiFi only) are out of scope for this procurement.
5.For Tablets that include cellular service, the Bidder must offer versions of both the Samsung Tablet, and Microsoft Surface Pro, Apple iPad and other tablets at a discount. Tablets that do not include cellular service (WiFi only) are out of scope for this procurement.
6.The Bidder must offer a MiFi device at a discount.
7.The Bidder must offer accessories for cellular devices and tablets, including cases and keyboards.

Security The Bidder must comply with the Commonwealth’s security policies and standards accessible via the hyperlink provided. In addition, the Bidder must be able to comply with the specific standards listed below. Cellular devices must:

· Be manageable using COTS MDM products

· Be in support from the vendor for minimum of 2 years

· Allow a security policy to be pushed down by ActiveSyncX

· Be able to meet our password standard (a minimum of 8 characters including 3 of the four: Upper, lower, number, and special) or offer biometrics (facial recognition and finger prints) as an alternative to passwords The Bidder must disclose and describe any areas of non-compliance with these security policies.

Service Level Agreement (SLA) The Bidder shall provide SLAs associated with cellular services and devices. The Bidder shall describe how it measures each of its SLAs and how it will handle failures to perform to SLA levels and any billing adjustments, credits or any other compensation it will offer. These SLAs should include:

· Service quality (must include at minimum: # of dropped calls, and dead spots)

· Billing accuracy

· Customer Support (must include at minimum: response time to service issues, expedited replacement of devices, and specialized, accelerated service for designated executives) New Technology The Bidder must have in place a proactive approach for bringing to the Commonwealth’s attention new technologies and business models that could improve the efficiency and effectiveness of cellular services and devices. This might include Bidder sponsored research and development, monitoring developments in the industry, and presentations or similar mechanisms by which the Bidder is bringing to the Commonwealth the best and freshest thinking in the industry. The Commonwealth intends to discuss potential amendments to the contract to make relevant new technologies available to purchasers. This will be a component of the annual review process, during quarterly reviews with the dedicated account team, and upon the Commonwealth's request. Contract amendments will be the result of mutual negotiations of the parties.

Other value-added offerings The bidder is encouraged to describe and propose any other value-added offerings they want to propose. These offering shall be in addition to, not a replacement of, the mandatory requirements.

Public Safety Grade Wireless Data Services Public safety grade wireless data communication services are intended for use by first responders and other public safety, public health, and emergency management officials throughout the Commonwealth. Bidders must demonstrate the ability to support the operational wireless broadband data needs of public safety, ranging from routine law enforcement, fire, rescue, medical, emergency response, and similar operations through major natural and man-made disasters and homeland security and homeland defense missions. These services include voice and video communications, application and device data communications, machine to machine (M2M) communications, and device to device (D2D) communications, among other types of mobile data communications.

Bidders must enter responses to the requirements of this section in the appropriate rows of Appendix 5: Service Specifications. Pricing for these services should be entered in Appendix 6: Cellular Pricing with the service plans clearly marked “PSG”.

Bidders proposing these wireless data services must meet the following criteria:

· Utilize Long-Term Evolution (LTE) to provide high-speed wireless communication to mobile devices and data terminals

· Have a dedicated radio access network (RAN) already deployed and operational in the Commonwealth of Massachusetts, with a demonstrated broadband service availability within Massachusetts of 99.99% as measured in a rolling 12-month window

· Have a dedicated core for managing public safety user data communications

· Provide coverage in urban, suburban, and rural areas throughout Massachusetts

· Provide significant in-building coverage for key public safety and community sites

· Have implemented 3rd Generation Partnership Project (3GPP) compliant priority and preemption standards to assure continued data communications to prioritized first responders and others

· Provide a mechanism for real-time local control of users and priority levels

· Maintain or provide access to an evolving and comprehensive ecosystem of public safety and other applications

· Demonstrate an ability to interoperate with other major carriers for seamless data communications

· Provide robust, end-to-end data security

· Demonstrate a dedication to continually refresh and improve wireless data services, including implementation of 5G data communications

· Assure that the vendor’s network is designed, built, financed, operated, and maintained in such a manner that the network and its services substantially enhance first responders’ abilities to protect human life and property and increase first responders’ personal safety.

These services are considered optional for the Bidder to provide.

Appropriate Use of Public Safety Grade Wireless Data Services The use of Public Safety Grade Wireless Data Services must comply with the following provisions.

Appropriate Use Use of the Public Safety Grade Wireless Data Services are intended for the preservation and maintenance of public safety and health services.

Mandatory Use Contract This contract is mandatory for use by public safety Executive Department Agencies for their priority wireless data services, unless otherwise approved by OSD and the EOPSS Undersecretary for Forensic Science and Technology in cases where the Agency has shown in writing that the contract cannot meet their needs. The contract is also available for use by other Eligible Entities whose primary purpose is the preservation of public health and/or safety. Other Eligible Entities whose primary purpose is not the preservation of public health and/or safety may seek approval by OSD and the EOPSS Undersecretary for Forensic Science and Technology to use this contract subcategory.

Prohibition from Selling Outside of Contract Bidders are prohibited from selling priority wireless broadband services to agencies and departments of the Executive branch outside of this section without the prior written approval of the EOPSS Undersecretary for Forensic Science and Technology.

Executive branch agencies and…

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