MiSEN FY25 Data Center Presence RFP Instruction to Bidders.pdf

INSTRUCTIONS TO BIDDERS

PROJECT: FY2025 MiSEN Data Center Presence

EPC BEN#: 17007965

EPC Form 470#: 250014098

Bids Due by February 14, 2025, 2:00 p.m., Eastern Time

OWNER: Michigan Statewide Educational Network Erwin L. Davis Education Center 2413 West Maple Avenue Flint, MI 48507-3493

PROJECT DESCRIPTION

It is the intent of Michigan Statewide Educational Network (hereafter referred to as MiSEN), through its fiscal agent Genesee Intermediate School District (GISD), to solicit unit cost pricing and proposals for services and costs associated with access to regional Tier 3 Data Centers and to maintain a Data Center presence. These services include but are not limited to rack space rental, power, cross connections, peering opportunities, and Data Center-to-Data Center connections.

FY2025 MiSEN Data Center Presence

MiSEN - GENESEE INTERMEDIATE SCHOOL DISTRICT

BUSINESS SERVICES

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SCHEDULE OF EVENTS

RFP issued: January 17, 2025 Question Deadline: January 20, 2025, 12 pm Eastern Time Deadline for Proposals and Public Proposal Opening: February 14, 2025, 2 pm Eastern Time Anticipated Award Date: February 18th, 2025

*MiSEN may, at its sole discretion, extend the due date for the submission of proposals when it is in its best interest to do so. Such extensions shall be done via an addendum posted in the E-Rate Productivity Center (EPC) portal.

Proposal Submission Overview Sealed proposals shall be submitted as follows by the deadline indicated in the Schedule of Events.

Proposal submissions should include the following information:

● RFP name and Form 470 number

● Service Provider Name (Primary respondent, if partnering on a response) and SPIN (Service

Provider Identification Number)

● Clear indication of service offering(s)

● Service provider’s terms and conditions for each offering

Proposal pricing must include a completed Attachment B- Data Center Presence - MISEN_Genesee

Intermediate School District Bid Form workbook and be submitted in .xls or .xlsx format.

● One (1) printed signed original

● One (1) unbound printed copy

● Two (2) printed bound copies

● One (1) thumb drive consisting of only 2 files:

1. One (1) single scan of the submitted signed proposal, including all appendices (please do not submit multiple files)

2. Submit Attachment B in electronic format (Excel)

Mark the package with the company name and deliver to:

Cynthia McCain Assistant Superintendent for Business Services MiSEN Fiscal Agent, Genesee Intermediate School District 2413 West Maple Avenue Flint, MI 48507-3493

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All proposals must be in a sealed package and contain the wording “SEALED BID - FY2025 MiSEN Data

Center Presence RFP ” on the package. The wording “ORIGINAL” is to appear on the outside of the binder containing the original signed proposal.

All proposals must include the MiSEN - Genesee Intermediate School District Bid Form provided in

Attachment B.

Proposals shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the Vendor or any employee of the Vendor and any member of the Board of

Education or superintendent. MiSEN shall not accept a proposal that does not include this sworn and notarized disclosure statement. The Non-Familial Form (see Attachment C) must accompany your bid proposal.

In accordance with the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012, all vendors must execute the “Iran Linked Business Affidavit” and include it in their proposals (see Attachment D).

MiSEN will not accept a proposal that does not include this sworn and notarized disclosure statement.

The form must accompany your bid proposal.

Proposals shall be accompanied by a sworn and certified copy of a School Safety Affidavit (see

Attachment E). The form must accompany your bid proposal.

Proposals must be in response to the specific requirements of this solicitation. Offers including a generic listing of services beyond the scope of this solicitation and/or encyclopedic price lists will be disqualified.

SPAM and/or robotic responses will not be considered valid responses and will be disqualified from consideration.

PART I

Bids

1. Each bid must be submitted in writing on the attached MiSEN - Genesee Intermediate School

District Bid Form (Attachment B). One signed original, one unbound printed copy, and two bound printed copies of the bid proposal along with a thumb drive with electronic files, must be submitted to the address provided below. Bids not submitted on the Bid Form or bids not signed and/or dated will not be considered and will be determined to be a non-bid. Bids received after

February 14, 2025, 2:00 p.m. ET, or bids submitted by fax or electronic mail, will not be accepted.

2. It is the sole responsibility of each vendor to select a means of bid delivery that will ensure timely delivery to the Genesee Intermediate School District, Erwin L. Davis Education Center, prior to the deadline for receipt of bids. Bids may be hand-delivered, by February 14, 2025, 2:00 p.m. ET, to the following location:

GENESEE INTERMEDIATE SCHOOL DISTRICT

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ENTRANCE #1, RECEPTION DESK

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The MiSEN employees, MiSEN board, Genesee Intermediate School District Board of Education, employees of the Board, or agents acting on behalf of the District assume no responsibility for bid delivery or bids delivered after the February 14, 2025, 2:00 p.m. ET deadline.

3. All bids must be completely filled out and must be signed personally by the bidder, by a partner, or by an authorized representative of the company or corporation and shall have the bidder’s business address and telephone number included on the bid form.

4. A notarized copy of Public Act 232 of 2004, Familial Relationship Disclosure must accompany all bids. Bids submitted without the notarized Public Act 232 of 2004, Familial Relationship

Disclosure, will be determined to be a non-bid.

5. Each provider’s bid shall state the complete and total delivered price for each solution. Price shall include all costs, even if estimated.

6. Providers should specify the anticipated time from the order date to the delivery date for each service.

7. All labor, equipment, and materials provided through these specifications shall be exempt from

Michigan Sales and Use Tax.

8. This request for bids does not commit the owner, MiSEN, or Genesee Intermediate School

District Board of Education to pay any costs or expenses incurred by the vendor for the preparation and submission of a bid, including any bonding requirements and/or any demonstrations that are requested related to the bid. The Board reserves the right to accept or reject any or all bids. The Board reserves the right to award to one or more vendors in each category if the solutions meet the required technical specifications and are in the best interest of the Consortium members.

9. Bid prices must be valid for ninety (90) days from the date of the bid opening.

10. It is anticipated that representatives from the district will open the bids on February 14, 2025, at

2:00 p.m. ET at the following address:

MiSEN - Genesee Intermediate School District

2413 West Maple Avenue

Flint, MI 48508-3493

10. It is anticipated that the bid awards will be made by MiSEN on or after February 24, 2025, contingent upon acceptance and final approval by MiSEN and the Genesee Intermediate School

District Board of Education.

11. It is further anticipated that final approval will be made by MiSEN Board & the Genesee

Intermediate School District Board of Education at the regular meeting of the Board.

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12.The MiSEN or Genesee Intermediate School District Board of Education reserves the right to accept any bid, reject any part or all bids, or to waive any information in the bids should they deem it to be in the best interest of MiSEN or its consortium members.

13.A bid award does not constitute a service order by MiSEN or Genesee Intermediate School

District.

Communication and Clarifications:

All communication regarding this solicitation, including questions or comments, must be submitted via email to info@misen.org no later than the deadline provided in the Schedule of Events. Include the Project Name FY2025 MiSEN Data Center Presence in the subject line. Contact initiated by an

Offeror concerning this solicitation with any other Applicant representative will not be considered and answered. Answers will be posted to EPC via addendum. It is the responsibility of every Offeror to ensure they have downloaded the latest version of the Form 470 and/or 470 RFP attachments, including any addenda. MiSEN reserves the right to ask clarifying questions of vendors upon review of proposals.

E-Rate Specific Considerations/Information

1. Per FCC E-Rate rules, the cost of eligible goods/services will be the highest valued criterion in the

Internet Access evaluation process; however, other criteria with a lesser value may also be considered.

2. Product demonstrations will not be entertained.

3. Green Light Status - Vendors are responsible for providing evidence of FCC Green Light Status at the time the offer is submitted. More information about FCC Red and Green Light Status may be found at:

https://www.fcc.gov/licensing-databases/fees/debt-collection-improvement-act-implementation

4. By submitting a proposal on the requested services herein, the vendor certifies its proposed services and/or products comply with Part 47 Section 54.9 and 54.10 of the FCC rules, which prohibits the sale, provision, maintenance, modification, or other support of equipment or services provided or manufactured by Huawei, ZTE, or any other covered company posing a national security threat to the integrity of communications networks or the communications supply chain. See https://www.usac.org/about/reports-orders/supply-chain/ for more details.

5. As required by Section 54.500(f) of Part 47 of the Code of Federal Regulation, all bids in response to this solicitation must offer the lowest corresponding price (LCP), which is defined as the lowest price that a service provider charges to nonresidential customers who are similarly situated to a particular E-Rate applicant (school, library, or consortium) or similar services. See https://www.usac.org/e-rate/service-providers/step-2-responding-to-bids/lowest-corresponding-price/ for more information on the requirements relating to LCP.

6. FCC Form 472: Vendor(s) MUST provide all invoices in a format that will both comply with E-Rate

Billed Entity Applicant Reimbursement (BEAR) FCC Form 472 requirements and assist MiSEN in https://www.fcc.gov/licensing-databases/fees/debt-collection-improvement-act-implementation https://www.usac.org/e-rate/service-providers/step-2-

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its E-Rate invoicing efforts with USAC. Vendor invoices must clearly identify the service being billed.

7. FCC Form 473: The awarded vendor(s) must provide the option for discounted billing by carrying the discounted portion until the vendor is able to invoice USAC for said discounts. The Owner is willing to pay their non-discounted share in a monthly arrangement. Regardless of the selected discount mode, the vendor is responsible for the timely filing of the FCC Form 473 Service

Provider Annual Certification (SPAC) for each E-Rate Funding Year, according to 47 CFR 54.504(f).

8. FCC Form 474: Per Federal Code § 54.514(c), Vendor(s) shall permit the Owner to choose the method of payment for the discounted services from those methods approved by the

Administrator. If requested by Owner, E-Rate SPI discount method may be applied to vendor-issued invoices. The Vendor is responsible for submitting reimbursement requests via the

FCC Form 474 by the invoice deadline. Owner will not be responsible for the repayment of funds not claimed by the vendor due to the untimely filing of the FCC Form 474.

9. FCC Form 498: The Vendor must be set up to accept payments via Electronic Funds Transfer

(EFT), which includes being assigned an E-Rate Service Provider Identification Number (SPIN), FCC Registration Number (FCC RN), and Unique Entity Identifier (UEI). The vendor must maintain annual UEI entity registration renewals prior to their expiration date.

10. Per E-Rate rules, the successful Vendor shall comply with all applicable Federal and State of

Michigan rules, regulations, and requirements governing the maintenance of documentation to verify any cost of services or commodities rendered under this contract by the Vendor. The successful Vendor shall maintain such records for a minimum of ten (10) years from the last date of the contract and all extensions, or whatever term is required by the E-Rate program during the life of the contract, and make available all records to Owner, upon request, within 10 days after receipt of the request, or within any required USAC, or federal deadlines, whichever is applicable.

Additional Considerations/Information

1. MiSEN reserves the right to award all, part, or none of the services set forth in this procurement.

This procurement in no manner obligates MiSEN until a valid signed contract and/or valid

Purchase Order is executed.

2. MiSEN may, at its sole discretion, extend the time for the submission of proposals upon finding that it is in its interest to do so. Such extensions shall be by addendum(s).

3. After a final contract is negotiated, approved, and awarded, all proposal documents pertaining to this procurement will be open to the public, except for material that is proprietary or confidential. MiSEN will not make public any pages of a proposal on which the Offeror has stamped or imprinted “Proprietary” or “Confidential” subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal to facilitate eventual public inspection of the non-confidential portion of the proposal. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

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4. By submitting a proposal, the Offeror certifies that no relationship exists between the Offeror and MiSEN that interferes with fair competition or is a conflict of interest; and no relationship exists between such propose and another person or firm that constitutes a conflict of interest that is adverse to MiSEN.

Evaluation Criteria

Criteria Explanation

% Weight Evaluation Criteria

20 Complete bid requirements submission that meets of this solicitation the technical and service

Ability to support the requirements of this solicitation

E-Rate eligible recurring and one-time (if any) costs

E-Rate ineligible recurring or one-time costs

Proposed contract terms and conditions

Respondent references

1. E-Rate eligible costs: the total cost of ownership for the eligible components of the proposed service. Total cost of ownership takes into account all one-time and recurring costs. Note that

E-Rate eligible costs refers to the pre-discount cost of the solution, not the post-discount portion of costs that are the responsibility of the Applicant. This criterion must be the highest weighted per E-Rate program rules.

2. Complete bid submission: Bids concisely address Applicant’s requirements, as set forth in the solicitation, and do not contain a significant amount of corporate boilerplate marketing information

3. Ability to support requirements of this solicitation: proposed solution clearly meets Applicant’s requirements and needs

4. Proposed contract terms and conditions: Proposed contract has flexibility and terms desired by

Applicant

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5. E-Rate ineligible costs: Any costs of the proposed service that are not eligible for E-Rate funding.

This does not refer to the post-discount portion of eligible costs that are the responsibility of the

Applicant.

6. Provider references: response included K12 references that were similar in size and scope

Bid Evaluation Factors MiSEN intends to award to all Offerors whose proposals meet or exceed the required specifications for each requested service. It is in the Offeror’s best interest to provide as much detail to allow MiSEN to evaluate

Part II

Specifications & Additional Terms

Please refer to the enclosed Attachment A document.

Bid Form

Please refer to the enclosed Attachment B MiSEN - Genesee Intermediate School District Bid Form.

Familial Statement

Please refer to the enclosed Attachment C document.

Vendor Certification Statement – NOT an ‘Iran Linked Business’

Please refer to the enclosed Attachment D document.

School Safety Affidavit

Please refer to the enclosed Attachment E document.

Part III

Terms and conditions

1. All vendor(s) are required to adhere to all job site rules and regulations as governed by the

Owner(s) when working at any GISD or MiSEN Consortia facility.

2. Should any equipment become installed by the Contractor at GISD facilities (server[s] for example), final location and termination of equipment may be subject to minor changes (at no charge to the Owner[s]) in the field to accommodate the Owner(s) needs.

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3. The Owner(s) is an Equal Opportunity Employer. Pursuant to the Executive Order 11246, as amended, the vendor is advised that under the provisions of this order, contractors and subcontractors are obliged to take affirmative action to provide equal employment opportunity without regard to race, creed, color, national origin, age, or sex.

4. As needed, the vendor must ensure frequent and seamless system and software upgrades and ensure limited downtime of services. Critical security patches must be applied within 48 hours of release unless otherwise agreed upon. Maintenance schedules must not disrupt the school/business day, and MiSEN should be provided at least 7 calendar days’ notice prior to a scheduled outage for upgrades/maintenance.

5. Vendors must provide a 24x7 Helpdesk for outage and/or service-impacting reporting and offer timely progress and status updates to MiSEN.

Bidding Requirements

1. The State of Michigan has passed a law that any and all persons who will work directly or indirectly for the Bidder, including, but not limited to, Bidder’s employees, agents, vendors, subcontractors, or consultant, and who will work at or on any School District property, have been fingerprinted, have provided criminal background checks from the State Police and FBI and have not been convicted of any “listed offense.”

6. By submission of the bid, the bidder declares and certifies:

1. That the said bidder is of lawful age and the only one interested in this bid and that no one other than said bidder has any interest herein.

2. That this bid is made without any previous understanding, agreement, or connection with any other person, firm, or corporation making a bid for the same purpose and is in all respects fair and without collusion or fraud.

7. That no member of the Governing Body (Board of Education, Company Board, etc.) or the

Owner(s), nor any officer or employee or person whose salary is payable in whole or in part from the treasury of said Owner(s), is directly or indirectly interested in this bid or in the supplies, materials, equipment, work, or services to which it relates or in any portion of the profits therein

8. All bid prices shall remain firm for ninety (90) days from the bid opening date. After the award of the contract, all contract prices shall remain in effect for the duration of the project as stipulated in the project. The Owner(s) may add elements to or delete elements from the contract using unit prices provided in the selected vendor’s proposal.

9. As part of the base bid, the selected vendor shall provide service in complete compliance with the specifications that have been prepared for this project.

10. The base bid price shall include but is not limited to, all services, materials, supplies, shipping, applicable taxes, insurance, labor, etc., for the turnkey delivery of service as detailed in this procurement.

11. All questions relative to service requirements shall be written and submitted by e-mail to info@misen.org. All questions will be answered in addendum form; no questions will be

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answered verbally. Questions may be submitted up to the date and time listed in the deadline indicated in the Schedule of Events. Bidders are responsible for monitoring for addenda in the

E-Rate Productivity Center portal.

12. The following submittals are required. Absence of any submittals required for the bid proposal may disqualify the bid.

With Bid Proposal:

2. Attachment B- Data Center Presence - MISEN_Genesee Intermediate School

District Bid Form workbook – Attached (hard copies and electronic files on thumb drive in Excel format – NO EXTERNAL LINKS IN SPREADSHEET OR OTHER FILE FORMATS

ARE ACCEPTABLE) – may use multiple sheets in a workbook. A bid cost form will be provided for each Owner (if more than one). PDF for Attachments C, D & E.

3. Complete bid response

Upon Award:

4. Detailed Timeline/Resources

5. Signed Contract

Upon Completion: See specific section(s) for additional requirements

13. A post-bid meeting and/or questions requiring a written response may be held/directed to the lowest cost compliant bidder(s) for project clarification, bid clarification, technical solutions, etc.

14. The MiSEN - Genesee Intermediate School District reserves the right to accept or reject any part of a bid, the whole bid, or all bids. Any bid not prepared and submitted in accordance with the provisions stated herein, and/or not deemed to be in the best interest of the Owner(s) will be rejected. Proposal information will not be shared with any other vendor until it is deemed

“selected” for recommendation to the Owner(s).

15. Parties submitting bids will be notified of action taken as a result of this invitation to bid.

Vendors may be asked to make one or more presentation(s).

16. The bidders may be required to fill out affidavits of non-collusion supplied by the Owner(s). The vendor, its employees, and representatives must not make available or discuss any cost information contained in the sealed copy of the proposal to, or with, any employee of all RFP participants from the date of issuance of this RFP until the responses have been publicly opened and announced, unless allowed by MiSEN - GISD, in writing, for the purpose of clarification or evaluation. Any contact with anyone at the MiSEN - GISD may result in the disqualification of the bidder.

17. The bid proposal, the RFP, and any written clarifications accepted by the Owner(s) shall be binding upon the bidder for performance, as a part of contract documents, should that bidder's proposal be accepted.

18. It is the Owner’s intent to select a service vendor(s) following submission of bid proposals.

However, nature of the proposals, the bid price, and other Owner(s) requirements may alter the timeline for installation/start of service and/or requirements in this request.

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19. The Owner(s) reserves the right to cancel the RFP and rescind any awards prior to the start of work if the work will be delayed more than six (6) months due to circumstances beyond its control. The Owner(s) or its representatives will not be liable for any vendor costs prior to the

Owner(s) authorizing the start of work. The Vendor understands and agrees that continuity of this award is subject to availability of funding by Applicant and satisfactory performance by the

Contractor.

20. In accordance with Michigan Public Act 517 of 2012, the Iran Economic Sanctions Act, MCL

129.311, et seq., effective date April 1, 2013, all vendors must certify that they are not an “Iran

Linked Business” in order to submit a proposal. The Act prohibits individuals who have economic relations with Iran from submitting bids on request for proposals with the state or any other public entities. The Act also includes penalty provisions for submittal of false certifications. See

Attachment D.

Contract, Delivery, and Payment

1. The MiSEN - Genesee Intermediate School District is exempt from Michigan Sales and Use Taxes.

Tax exemption information will be provided in the contract signed with the awarded vendor. The vendor shall independently determine if it will be subject to sales and use taxes on components purchased to complete the project. The Owner will not pay any sales or use taxes on the complete project and/or any sales or use taxes required of the vendor for components used to complete the work.

2. The vendor agrees (to the fullest extent permitted by law) to release, discharge, defend, indemnify, and hold harmless the Owner(s) from past, pending, or future litigation associated with this project.

3. The vendor and manufacturer confirm that they either hold patents, copyrights, or have permission to sell, distribute, and install the product (equipment, software, etc.) as configured for this project. Furthermore, the vendor has secured authorization and grants a limited license to the Owner(s) for normal use and configuration of all system software for a duration of not shorter than the product’s life. The Owner(s) agrees not to sell or allow third parties to duplicate proprietary software for the purpose of distribution or resale.

4. The respondent to this RFP shall be totally responsible for any and all costs of patents, copyrights, and other intellectual property necessary for the use of the equipment and software offered to the Owner. Any cost included in the respondent’s proposal specifically payable to a third party(ies) for any patent, copyright, or intellectual property shall be itemized and “unit” priced. Should any patent, copyright, or intellectual property become subject to future payments to a third party for the continued use of the equipment and software, the respondent shall hold the Owner harmless from payment for any infringement of any disclosed or undisclosed patent, copyright, or intellectual property fee for the useful life of the equipment and software. Such useful life shall be clearly stated in the respondent’s proposal. If, at any time in the future, the respondent or related third party(ies) does offer indemnification to any customer, the Owner, too, would be eligible for a new contract (without price or service changes) that offers them the same protection.

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5. The manufacturer and installing vendor agree to hold harmless and protect the Owner from all existing or pending lawsuits arising from copyright infringements or patent violations per local, state, or national laws. In the event a manufacturer or installer violation occurs, the manufacturer and installing vendor will refund one hundred percent (100%) of the monies paid.

Absence of doing so will warrant termination of the contract and cause issuance of a claim against the Performance, Labor and Materials Bond.

Protection of persons and property

1. Provider-supplied materials used or brought on-site shall be asbestos-free and lead-free.

Asbestos-free and lead-free are defined as materials that contain zero percent (0%) asbestos or lead. All contractors are to submit to the Owner(s) proof that their materials are free of asbestos and lead.

2. All work performed by the vendor shall meet and/or exceed all federal, state, and local regulations.

3. The provider shall comply with all applicable provisions of the Occupational Safety and Health

Act (OSHA) throughout the duration of the specified work. Any work performed or materials brought on site that do not comply with OSHA shall be corrected by the vendor with no cost or responsibility incurred by the Owner(s).

4. Under no circumstance is any representative of the vendor to disturb any asbestos-containing material. All vendors are advised, as may be required by the federal Asbestos Hazard Emergency

Response Act (AHERA) or otherwise, that Owner(s) buildings may have asbestos-containing materials present. All areas testing positive for asbestos are documented in booklets located on site.

5. All thermal insulation, such as pipe wrap, especially joints, does or should be assumed to contain asbestos. Contractors are cautioned not to attempt removal of these materials for any reason without first notifying, in writing, the Owner(s).

6. The vendor shall indemnify the Owner(s), its officers, employees, and agents against liability, including costs of actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of performance of this agreement.