RFI 23R-001 Distributed Antenna Assessment System FInal.pdf

REQUEST FOR INFORMATION

COVER SHEET

RFI NUMBER: RFI 23R-001

TITLE: DISTRIBUTED ANTENNA SYSTEM ASSESSMENT

RFI POSTING DATE: November 9, 2022 5:00PM EST

QUESTION CUT-OFF: November 16, 2022 5:00PM EST

RESPONSE DUE DATE AND TIME: November 28, 2022 3:00PM EST

Unless otherwise notified, Responses will be opened at:

Florida Gulf Coast University Procurement Services

South Village Modular I 10501 FGCU Boulevard South

Fort Myers, FL 33965-6565

TABLE OF CONTENTS

Table of Contents……………………………………..

Definitions…………………………………………….

Proposed Calendar of Events…………………………

1.0 Introduction…….………………………………

2.0 University Information……..….…………………..

3.0 Scope of Services………………………………….

4.0 Response Content and Format..………………...

4.1 Delivery of Response……………………………..

4.2 Format..…………………………………………..

5.0 Evaluation……..………………………………….

6.0 Special Instructions to Respondents…………….

6.1 Attention to Respondents…………………………

6.2 Confidentiality…………………………………

6.3 Inquiries…………………….……………………

6.4 University Sole Point of Contact…………………

6.5 Addenda …………………………………………

6.6 Meetings………………………………………….

6.7 Pre-RFI Meeting………………………………...

6.8 Parking…………………………………………...

6.9 Respondents Expense……………………..…….

6.10 Award…………………………………………..

6.11 Right to Negotiate………………………………

6.12 Response Withdrawal…………………………..

6.13 Open Competition……………………………..

6.14 Contract Award………………………………..

6.15 Response Material………………………………

6.16 Oral Presentation………………………………

6.17 Errors and Omissions ………………………….

6.18 Respondent Responsibility……………………..

6.19 Utilization of Small and Minority Business……..

6.20 Environmental Considerations…………………

6.21 Reservation of Rights…………………………..

6.22 Legal Requirements…………………………….

6.23 Reciprocity……………………………………..

Page

7.0 General Conditions………………………….

7.1 Additional Terms and Conditions……………

7.2 Governing Law……………………………...

7.3 Public Entity Crimes………………………...

7.4 Warranty and Ability to Perform…………….

7.5 Indemnification……………………………...

7.6 Independent Firm…………………………

7.7 Insurance……………………………………

7.8 Severability…………………………………..

7.9 Scope Changes……………………………

7.10 Default……………………………………..

7.11 Cancellation for Non-Performance…………

7.12 Prices, Terms and Payment…………………

7.13 Advertising………………………………

Attachments and Exhibits RFI Acknowledgement Form ………………… Addenda Acknowledgement Form…………….

Substitute W-9…………………………………

Page

DEFINITIONS

“RFI”

"Respondent"

"Response"

“University or FGCU”

“University Sole Point of Contact”

“Firm”

Request for Information, method of formal competitive solicitation.

Any company that responds in full to the requests of this RFI and wishes to be considered as a candidate, as described herein.

The material submitted by the Respondent in answering this RFI.

Florida Gulf Coast University Board of Trustees, its employees, officers, and agents

The Respondents single point of contact at the University for the purpose of this RFI.

The company, its employees, and officers, engaged by Florida Gulf Coast University to provide Services as a result of award to this RFI.

PROPOSED CALENDAR OF EVENTS

Respondents should review and become familiar with the Calendar of Events. The dates and times of each activity within the Timeline may be subject to change. It is the responsibility of the Respondent to check for any changes. All changes to the Calendar of Events will be made through an addendum to this solicitation and posted within the Florida Gulf Coast University Procurement Services website at:

http://www.fgcu.edu/AS/Purchasing/current-solicitations.html https://fgcu.bonfirehub.com/portal/?tab=openOpportunities

EVENT

A. RFI issued and advertised B. Deadline for Respondents to submit written questions to the

University Sole Point of Contact C. University Response Addendum D. Responses Due E. Company Demonstrations F. Selection and Award

DATE

November 9, 2022

November 16, 2022 November 18, 2022 November 28, 2022

TBD

December 2, 2022

TIME

5:00PM

3:00PM

5:00PM

3:00PM

http://www.fgcu.edu/AS/Purchasing/current-solicitations.html

1.0 INTRODUCTION

1.1 INTRODUCTION AND GENERAL INFORMATION

Florida Gulf Coast University Board of Trustees, a public body corporate of the State of Florida, (“University”), is soliciting Responses from qualified firms that will provide a responsive, experience-based, and quality-oriented assessment of its Distributed Antenna System.

1.2 TERM OF AGREEMENT

The term of this Agreement will be for an initial period of One (1) year, with one (1) year renewal option. Such renewals shall be mutually agreed to in writing and subject to satisfactory performance evaluations of the Firm by the University. Specific terms and conditions of any renewals shall be negotiated and agreed upon between the University and the Firm, in writing, no less than Thirty (30) days prior to the end of the then current term.

2.0 UNIVERSITY INFORMATION

For information about the University you may visit: http://www.fgcu.edu.

3.0 SCOPE OF SERVICES

3.1 SUMMARY

The purpose of this RFI is to engage a Firm to assist with the assessment, design, building, and operating of a Distributed Antenna System (“DAS”) solution on its campus. The constructed DAS and resulting infrastructure will be available for use by all Mobile Network Operators (“MNO’s”). The University desires to have a unified infrastructure for MNO use to provide next generation wireless services campus-wide and seeks a Firm to discuss requirements, technology and costs to gain commitments from MNO’s to participate in the Firm’s provided DAS. Expectations of the Firm are as follows:

3.1.1 Perform a survey of the University’s cellular coverage on campus at including it Housing facilities named South Village, North Lake Village, and Alico Arena.

3.1.2 Identitfy blank spots or drop zones.

3.1.3 Engage with the three MNO’s; AT&T, Verizon, and T-Mobile for a feasibility study for a collaborative DAS implementation.

3.1.4 Deliverables:

a. Feasibility Report

b. Recommended plan for execution including collaboration with MNO’s.

c. The plan must include a no cost solution to the University and duration of the implemented solution.

4.0 RESPONSE CONTENT & FORMAT

4.1 DELIVERY OF RFI RESPONSE

4.1.1 Responses must be delivered to the Bonfire portal at FGCU Bonfire by the date and time specified herein.

Initial Responses shall not refer the University to any form of electronic media for reference to obtain required information or submittals.

4.1.2 Responses must be delivered no later than November 28, 2022 3:00PM EST. Responses, which for any reason are not submitted by the prescribed time and date, will not be considered. It is the Respondent’s responsibility to assure their respective Response is delivered on the correct date and time and to the Bonfire portal.

4.1.3 Responses received at any location other than the Bonfire Portal will not be considered. If any Respondent is unable to submit Response through the Bonfire portal, please contact the University Sole Point of Contact (see Section 6.4) to make alternative Response submittal arrangements.

http://www.fgcu.edu/CRM/fastfacts.html

4.1.4 Requests for extension of submission date and time will not be granted unless the University determines, at its sole discretion, that the original due date appears impractical. Notice of any extension will be provided in writing to all Respondents in the form of an addendum posted in the Bonfire portal.

4.1.5 If not submitting a Response to this ITN, Respondents should return the ITN Acknowledgement Form with the statement, “NO REPLY" written on it and a brief explanation in the space provided above. Failure to respond three (3) times in succession to any solicitation by not returning this acknowledgement form may result in removal of your firm from the University’s Vendor list. To qualify, Respondent must submit “NO REPLY” and it must be received no later than the stated ITN opening date and time.

4.1.6 Questions and requests for information may not be rearranged, regrouped, or divided in any way.

4.1.7 Respondent is responsible for the method and format of delivery and bears all risk for the documents until delivered completely.

4.2 FORMAT

Respondents should note that additional information may be requested at a later date. In addition, Respondents should understand that any resulting Agreement between University and Respondent may not be “boilerplate” and may require customization based on specific University requirements.

4.2.2 RESPONSE DOCUMENTS

Tab 1. Completed and signed RFI Acknowledgement Form (Attachment A). Signed Addendum Acknowledgement Form(s) (Attachment B) for any addenda issued. Corporate Governance Documents, including FGCU Substitute W-9 form (Attachment C) and registration with the state of Florida Division of Corporations (if applicable).

Tab 2. Description of the Respondent’s technical competence, experience, and expertise in providing the

Services as described in scope of services section in the RFI.

Tab 3. A listing of the projects/clients similar in size and scope to the services described in the service for both current and past clients. This list should include the name, address, telephone and email address of the client contract administrator. If applicable, please list examples of services rendered in the State of Florida, particularly with institutions of higher learning.

Tab 4. Proposed project timeline and deliverables with identified responsibilities of both the University and the Firm. Acknowledgement of a no cost engagement.

5.0 EVALUATION

All initial Responses will be reviewed independently by a selection committee to determine the most responsive and responsible Response(s) which best meet the needs of and are most advantageous to the University.

The selection committee will evaluate and provide an opinion of all Response(s) to the decision maker to determine an award.

6.0 SPECIAL INSTRUCTIONS TO RESPONDENTS

6.1 ATTENTION TO RESPONDENTS

Any intended Respondent is solely responsible to check the University Procurement Services website at FGCU Current Solicitations seventy-two (72) hours before the closing time of this RFI to verify that they have reviewed any and all addenda that may have been issued for this RFI.

6.2 CONFIDENTIALITY

The award hereunder is subject to the provisions of Chapter 119, Florida Statutes. From the date of issuance of the RFI until the RFI opening date, the Respondent must not make available or discuss their Response, or any part thereof, with any employee or agent of the University, unless allowed by the Office of Procurement Services, in writing, for purposes of clarification only.

6.2.1 All Respondents must disclose with their Response the name of any officer or agent who is also an employee of the State of Florida, any of its agencies, departments, affiliates or political subdivisions. Further, all https://www.fgcu.edu/adminservices/officeofthecontroller/procurementservices/purchasing/solicitations/#CurrentSolicitations https://www.fgcu.edu/adminservices/officeofthecontroller/procurementservices/purchasing/solicitations/#CurrentSolicitations

Respondents must disclose the name of any State employee, or officer/member of an affiliate organization who owns, directly or indirectly, an interest of five percent (5%) or more in the Respondent's firm or any of its branches.

6.2.2 If Respondent believes any of their material(s) are exempt from disclosure, they are requested to identify specifically any information contained in their Response which they consider to be exempt from disclosure, citing specifically the applicable exemption law. A general notation that information is “confidential” will not be sufficient. Any material submitted in response to this Request for Information will become a public document pursuant to Section 119.07, Florida Statutes. This includes material that the Respondent might consider confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, Florida Statutes. If Respondent believes any material is exempt from public record, Respondent must notify University of such exemption, allowable by law.

6.3 INQUIRIES

The University will not give verbal answers to inquiries regarding the specifications, or verbal instructions prior to the award of this solicitation. Any questions concerning conditions and specifications shall be directed in writing to the University Sole Point of Contact stated herein for receipt by the question end date and time indicated herein. Inquiries must reference the date of Response opening date and time and Response number. No interpretation shall be considered binding unless provided in writing by the University in the form of an addendum. The University is not liable for any increased costs resulting from the Respondent accepting verbal direction.

6.4 UNIVERSITY SOLE POINT OF CONTACT

This RFI is issued by the Office of Procurement Services, Florida Gulf Coast University, herein referred to as “University Sole Point of Contact”.

The address for all correspondence with regard to this RFI is:

Rick Pence Associate Director, Procurement Services Florida Gulf Coast University 10501 FGCU Boulevard South South Village Modular I Fort Myers, FL 33965-6565 Phone: (239) 590-1133 Email: rpence@fgcu.edu

The Respondent shall not communicate with any officer, agent, or employee of Florida Gulf Coast University, to include but not be limited to, any officer, agent or employee of the FGCU Board of Trustees concerning this RFI, except with the Sole Point of Contact identified in this section. If this provision is violated, the University reserves the right to reject Respondents Response.

6.5 ADDENDA

Any addendum issued prior to the opening date and time shall include an Addenda Acknowledgment Form (Attachment B). Since all addenda become a part of the Response, all Addenda Acknowledgment Forms shall be signed by an authorized Respondent representative and returned with the Response on or before the RFI opening date and time. Failure to sign and return all Addenda Acknowledgment Forms may be grounds for rejection of the Response.

6.6 MEETINGS

Notice of meetings regarding this RFI will be posted electronically on the University’s Procurement Services website at FGCU Current Solicitations at least seventy-two (72) hours prior to the meeting.

6.6.1 In accordance with University Policy, if any individual(s) require special accommodations in order to attend a scheduled meeting as a result of this RFI, they must contact the Sole Point of Contact stated herein no later than three (3) business days prior to the scheduled meeting.

6.7 PRE-RFI MEETING

A pre-RFI meeting will not be held. All questions concerning this RFI must be submitted, in writing via email, to the University Office of Procurement Services, Sole Point of Contact, specified in Section 6.4 by later than February 4, 2019

5:00PM EST.

mailto:rpence@fgcu.edu https://www.fgcu.edu/adminservices/officeofthecontroller/procurementservices/purchasing/solicitations/#CurrentSolicitations

6.8 PARKING

Daily parking passes can be obtained at the Information Booth located at the main entrance to the University, or Parking Services located at the Campus Support Complex for any company and/or individual vehicles that will be parked on campus. Parking rules and regulations must be observed by all drivers. Website for parking services is: FGCU Parking.

6.9 RESPONDENT’S EXPENSE

Any travel related expenses that result from a Response to this RFI shall be the responsibility of the Respondent. All Responses submitted in response to this RFI, conference attendance and visits to the University must be submitted at the sole expense of the Respondent, whether or not any agreement is signed as a result of this RFI.

6.10 POSTING OF AWARD TABULATION AND NOTICE OF PROTEST

6.10.1 Protests shall be handled in accordance with the Florida Board of Governors’ Regulation 18.002.and FGCU

Regulation PR6.008.

6.10.2 CONTRACT AWARD

The University shall provide notice of a decision or intended decision concerning a competitive solicitation, contract award, or exceptional purchase by electronic posting. This notice shall contain the following statement: “Failure to file a protest or failure to post the bond or other security as required in this Regulation shall constitute a waiver of protest proceedings.”

6.10.3 NOTICE OF PROTEST

Any qualified bidder or Respondent who is aggrieved in connection with an award of a contract may file a written notice to protest within 72 hours after the University’s electronic posting of award or notice of intent to award, provided the contract has not been fully executed. The notice of protest must be received before the expiration of the 72 hour period. Notices of protest filed after the 72 hour period will be rejected. The notice of protest must be filed with the Director of Procurement Services.

6.10.4 FORMAL WRITTEN PROTEST

The protesting Respondent must reduce its protest to writing and it shall be filed with the Director of Procurement Services within ten (10) calendar days of the filing of the Notice of Protest. Formal written protest not filed within this ten (10) day period will be rejected. The formal written protest must state with specificity the grounds upon which the protest is based and also the action requested to be taken. At the filing of the written protest, the protesting Respondent shall post with the Office of Procurement Services, a security, in the form of a bond (in a form and with such terms, approved by the Director), payable to Florida Gulf Coast University in an amount equal to ten percent (10%) of the price quoted, or ten thousand dollars ($10,000), whichever is less. In lieu of a bond the University may accept an irrevocable letter of credit, cashiers, or certified check or money order in the above-referenced amount (in a form, and with such terms, approved by the Director). If the protest is successful, the posted security will be refunded in full. If the protest is unsuccessful, the security will be returned, less all fees, expenses, damages, cost and charges incurred by the University. Noncompliance with this requirement, in whole or in part, shall be deemed to be a waiver by the protester of their rights under this regulation.

6.10.5 Upon receipt of a timely filed formal written protest, filed in accordance with Regulation FGCU-PR6.008, the Vice President for Administrative Services and Finance or their designee shall delay the execution of the contract until the protest is resolved by mutual agreement between the parties or by final order of the President. Such delay may be removed if, in consultation with the Vice President over the using department, the President determines that such a delay would have detrimental effect upon the University.

6.11 RIGHT TO NEGOTIATE

Upon evaluation of the Responses, the University has the right to enter into negotiations with one or multiple Respondents that appear to have submitted a Response that best meet the needs and requirements of the University. Negotiations could include but are not limited to price and the terms and conditions of this RFI.

If for any reason a Respondent and the University cannot arrive at a mutual agreement that would result in the issuance of a contract, the University reserves the right to terminate negotiations, to reject the Response, and to continue negotiations with other responsive Respondents that may lead to the issuance and award of a contract.

http://www.fgcu.edu/parking

6.12 RESPONSE WITHDRAWAL

A Response submitted prior to the RFI opening date may be withdrawn by the Respondent. Withdrawn Responses may be resubmitted up to the time designated for the receipt of Response provided that they are then fully in conformance with the requirements of the RFI. In order to withdraw a Response, the Respondent must make the Sole Point of Contact aware of such intent in writing.

6.13 OPEN COMPETITION

The University encourages free and open competition among Firms. Whenever possible, specifications, solicitation invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the University's needs and the accomplishment of a sound economical operation. The Respondent’s signature on this Response guarantees that the prices quoted have been established without collusion with other Respondents and without effort to preclude the University from obtaining the lowest possible competitive price. The Respondent certifies that its officers or employees have not bribed or attempted to bribe or influence in any way an officer, employee, or agent of the University.

6.14 CONTRACT AWARD

There is no obligation on the part of the University to make an award as a result of this RFI. The University reserves the right to award the contract to the responsible Respondent submitting a Response that is most advantageous and in the best interest of the University.

6.15 RESPONSE MATERIAL

The material submitted in response to the RFI becomes the property of the University upon delivery to Procurement Services and is to be appended to any formal document that would further define or expand the contractual relationship between the University and the Firm.

6.16 ORAL PRESENTATION

After Responses have been opened, a limited number of Respondents may be required, at the request of the University, to make an oral presentation or provide written clarifications. Such presentations or clarifications will provide an opportunity for the Respondent to clarify their Response. Oral presentations may be recorded, and both recorded oral presentations and written clarifications will be affixed to the Respondent's Response and become a part of same as if originally submitted. Procurement Services will initiate and schedule a time and location for any presentations that may be required.

6.17 ERRORS AND OMISSIONS

The Respondent is expected to comply with the true intent of this RFI taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the Respondent suspect any error, omission, or discrepancy in the specifications or instructions, the Respondent shall immediately notify the University, in writing, and the University shall issue written instructions to be followed. The Respondent is responsible for the contents of its Response and for satisfying the requirements set forth in the RFI.

6.18 RESPONDENTS RESPONSIBILITY

It is understood and the Respondent hereby agrees that it shall be solely responsible for all services that it proposes, notwithstanding the detail present in the RFI.

6.19 UTILIZATION OF SMALL AND MINORITY BUSINESS

The University is an equal opportunity institution and promotes procurement participation and contract award with Minority Business Enterprises (“MBEs”), to include but not limited to; small, minority, women owned, and service disabled veteran business enterprises. MBEs should have a fair and equal opportunity to compete for dollars spent by the University to procure commodities and contractual services. Competition ensures that prices are competitive and that a broad Firm base is available. The University will use good faith efforts to ensure that MBE Firms are aware of procurement and contract opportunities. For more information please contact the Jennifer Reeder at (239)590-1133 or jreeder@fgcu.edu.

6.20 ENVIRONMENTAL CONSIDERATIONS

The University supports and encourages initiatives to protect and preserve our environment. Respondent shall submit as part of any Response the Respondent’s plan to support the procurement of products and materials with recycled content.

Respondent shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. In addition, Respondent is strongly encouraged to install equipment that is considered Energy Star or equivalent relative to conserving energy without compromising the temperature and quality of the product.

6.21 RESERVATION OF RIGHTS

As the best interests of the University require, the University reserves the right to:

6.21.1 Waive minor informalities and any minor irregularities in any Response or responses received. A minor irregularity is a variation from the RFI which does not affect the financials of the Response, or give one Respondent an advantage or benefit not enjoyed by other Respondents, or substantively change the requirements and/or specifications of this RFI, or adversely impact the interest of the University. Waivers, when granted, shall in no way modify the RFI requirements or excuse the Respondent from full compliance with the RFI specifications and other contract requirements if the Respondent is awarded the contract;

6.21.2 Reject any or all Response, or any portion of any Response;

6.21.3 Conduct discussions with, and negotiate the responsible Respondents determined by the University to have a possibility of being selected for award;

6.21.4 Determine equipment or other equivalency to FGCU’s specifications in evaluating Responses;

6.21.5 Negotiate changes in the scope of work or services to be provided;

6.21.6 Award contracts to multiple Respondents;

6.21.7 Withhold the award of Contract;

6.21.8 Select the Respondent it deems to be most qualified to fulfill the needs of the University. The Respondent with the lowest cost proposed may not necessarily be the one most qualified, since a number of factors other than cost are important in the determination of the most acceptable Response;

6.21.9 To make award(s) by individual item, group of items, all or none, or a combination thereof.

6.22 LEGAL REQUIREMENTS

Applicable provision of all Federal, State, County, and local laws, and of all ordinances, rules, and regulations shall govern development, submittal and evaluation of all Responses received in response hereto and shall govern any Response by the University by and through its officers, employees, and authorized representatives, or any other person, natural or otherwise.

Lack of knowledge by any Respondent shall not constitute a cognizable defense against the legal effect thereof.

6.23 RECIPROCITY

With the consent and agreement of the Firm, the use of the Agreement resulting from this solicitation, issued and administered by Florida gulf Coast University Board of Trustees, may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Firm to use this Agreement shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this solicitation and subsequent contract award.

7.0 GENERAL CONDITIONS

7.1 ADDITIONAL TERMS AND CONDITIONS

This RFI is limited to the terms and conditions contained on its face and those expressly incorporated by reference.

Notwithstanding when provided to Florida Gulf Coast University, any and all additional or different terms or conditions included in Respondent’s acknowledgment, Response, Best and Final Offer, invoice, quote, or any other document, ("Additional or Different Terms") such Additional or Different Terms will be deemed to be material alterations, or a proposal to add terms to, or change terms of, this RFI, and notice of objection to them is hereby given. Any such Additional or Different Terms shall be void. University hereby unequivocally rejects all Additional or Different Terms, unless University expressly accepts such Additional or Different Terms in a writing signed by an authorized representative of University and made a part of this RFI.

7.2 GOVERNING LAW

This Agreement is subject to the laws and rules of the State of Florida, regulations of the Florida Board of Governors, and regulations and policies the University. Any provisions herein in conflict with the relevant laws, rules, and regulations shall be void and of no effect.

7.3 PUBLIC ENTITY CRIMES

The University shall not award a contract to a person or affiliate, who is on the Convicted Vendor List. A person or affiliate who has been placed on the Convicted Vendor List by the Department of Management Services, State of Florida, may not submit a Response to provide any goods or services, submit a Response for construction or repair of a building, submit a Response for leases of real property, or be awarded or perform work as a Firm, supplier, subcontractor or consultant to the University for a period of 36 months from the date of being placed on the Convicted Firm List.

7.4 WARRANTY AND ABILITY TO PERFORM

Respondent shall warrant that there is no action suit, proceeding, inquiry or governmental agency, public board or body, pending or, to the best of the Respondent's knowledge, threatened, which would in any way prohibit, restrain, enjoin or diminish the successful respondent’s ability to execute and/or perform the terms and conditions of the contract resulting from this RFI.

7.5 INDEMNIFICATION

Firm will indemnify, defend, and hold harmless the State of Florida, Florida Gulf Coast University Board of Trustees, and their officers, employees and representatives, from and against any and all liability, damages, losses, expenses, claims, demands, suits, actions, judgments, bodily injuries or sicknesses to any person, or damage, destruction, or loss of use of any property arising out of or related to the services provided by the Firm to the University to the extent caused by the negligent acts or omissions or willful misconduct of the Firm, its employees, or agents.

To the extent allowable by law, University will indemnify Firm for the negligent acts of its officers and employees while acting in the scope of their employment by Firm. Nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the University or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the University or of the State of Florida beyond the waiver provided in section 768.28 Florida Statutes.

Without intending to create any limitation relating to the survival of any other provisions of this Agreement, the parties shall agree that the terms of this paragraph shall survive the expiration or earlier termination of this Agreement. Each party shall promptly notify the other in the event of the threat or initiation of any claim, demand, action or proceeding to which the indemnification obligations set forth in this Section may apply. Such notification shall include all notices and legal process it receives in the most expeditious means available to the affected party. Each party agrees that the other may employ attorneys of its own choice to appear and defend the action and that no party shall do anything to compromise the defense of the action or any settlement thereof and shall provide all reasonable assistance which the other may require.

The foregoing indemnity shall not apply to settlement of claims made without the consent of both parties.

7.6 INDEPENDENT FIRM

Nothing herein is intended or shall be construed as in any way creating or establishing a partnership or employee relationship between the parties or in any way making the successful Respondent the agent or representative of the University for any purposes in any manner whatsoever. The Firm shall remain an independent contractor with respect to all services performed under this Agreement.

7.7 INSURANCE

At all times during the term of this Contract, the parties hereto shall comply with the following insurance requirements:

7.7.1 Firm shall maintain workers’ compensation insurance for all employees, including coverage under the applicable law of the jurisdiction where the work will be performed. Firm shall also require that all of its subcontractors maintain similar worker’s compensation coverage, in the event Firm employs subcontractors.

7.7.2 Firm shall maintain general liability insurance. Limits shall be a minimum of: (i) $1,000,000 per occurrence for bodily injury or property damage; (ii) $1,000,000 per occurrence for products or completed operations;

and (iii) $2,000,000 annual aggregate for products or completed operations’ claims. Coverage shall include those perils generally associated with a commercial general liability policy and specifically include contractual liability coverage. Coverage shall contain no exclusions for cross liability between insureds. Firm shall also require that all of its subcontractors maintain similar general liability insurance.

7.7.3 Firm shall maintain automobile liability insurance. Limits shall be a minimum of: (i) $1,000,000 per accident combined single limit or (ii) $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. Coverage shall include liability assumed under this Agreement.

7.7.4 With regard to the above, Firm’s insurance shall: (i) be underwritten by a licensed insurer reasonably acceptable to the University; (ii) be primary for University’s exposure relative to any insurance purchased or maintained by the Firm; (iii) be evidenced by a certificate of insurance, with the appropriate endorsement containing a signature by a duly authorized representative of the insurer providing such insurance cannot be canceled, non-renewed or materially altered without thirty (30) days written notice by certified mail to the University; (iv) the general liability and automobile liability policies shall specifically protect the University by including Florida Gulf Coast University Board of Trustees as additional insured; (v) the official title of the certificate holder shall be Florida Gulf Coast University Board of Trustees. With regard to the general liability insurance and automobile liability insurance, Firm’s insurance shall be endorsed so the insurer will waive subrogation rights against the University. Firm shall endeavor to provide thirty (30) days written notice to the University of any non-renewal, cancellation, or material change of coverage and provide ten (10) days for cancellation due to non-payment.

7.8 SEVERABILITY

If any provisions of the agreement resulting from this RFI is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then said provisions shall be deemed inapplicable and omitted and shall not invalidate the remaining provisions of the Agreement. In the event any provision of this agreement shall be held invalid or unenforceable by an court of competent jurisdiction, or by an administrative hearing officer in accordance with Chapter 120, Florida Statutes, such holding shall not invalidate or render unenforceable any other provision hereof.

7.9 SCOPE CHANGES

The University may upon mutual agreement with the Respondent, require, by written order, changes altering, adding to, or deducting from the agreement specifications, provided that such changes are within the general scope of the agreement.

Such equitable adjustments require the written consent of the Respondent, which shall not be unreasonably withheld.

7.10 DEFAULT

The failure of either party to the agreement to comply with any of the provisions herein shall place that party in default.

Prior to terminating this agreement, the non-defaulting party shall notify the defaulting party in writing, stating the provision or provisions that give rise to the default. The defaulting party shall be entitled to a period of thirty (30) days from the receipt of the Notice of Default to cure the default. The failure of either party to exercise this right shall not be construed as a waiver of such right in the event of further default or non-compliance. Both parties have the right to exercise any and all legal remedies available to them by applicable laws. Expenses associated with litigation will be borne by the prevailing party.

7.11 CANCELLATION FOR NON-PERFORMANCE

The University reserves the right to terminate the agreement in whole or part at any time when in the best interests of the University without penalty or cause. Upon receipt of the written notice of Termination for Convenience, the Respondent shall immediately stop all work as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the University. In the event of termination under this provision, all documents, data and reports prepared by the Respondent under the Agreement shall become the property of and delivered to the University. The Firm shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of termination. Such compensation shall be the Firm’s sole remedy against the University in the event of termination.

7.12 PRICES, TERMS AND PAYMENT

7.12.1 Prices offered shall be firm for the term of the resulting contract.

7.12.2 TAXES

Florida Gulf Coast University does not pay Federal Excise or Florida Sales tax on direct purchases of tangible personal property. The appropriate exemption number(s) is 85-8012496546C-6. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property or service in the performance of contracts for the improvement of University-owned real property as defined in Chapter 192, Florida Statutes.

7.12.3 DISCOUNTS

A cash discount for prompt payment may be offered. However, such discounts shall not be considered in determining the lowest net cost for the initial evaluation purposes of this RFI. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of a correct invoice at the office specified, whichever is later. Respondents are encouraged to reflect cash discounts in the unit prices proposed.

7.12.4 MISTAKES

Respondents are expected to examine the specifications, delivery schedule and all instructions pertaining to supplies and services. Failure to do so will be at Respondent's risk. In case of mistake in extension the unit price will govern.

7.12.5 INVOICING AND PAYMENT

The Firm shall be paid upon delivery and acceptance of the goods or services, less deduction if any, and submission to the University of properly certified invoice at the prices stipulated on the purchase order. Invoices shall contain the purchase order number. Failure to follow these instructions may result in delay in processing invoices for payment.

7.12.6 INTEREST PENALTIES

Payment shall be made in accordance with Florida Gulf Coast University Board of Trustees Regulation, FGCU PR6.021 Prompt Payment to Vendors unless the Response specifications or the purchase order specifies otherwise.

Invoices returned to Firm due to errors will result in payment delay. Interest penalties of less than $1.00 will not be paid unless the Firm requests payment. Invoice payment requirements do not start until a properly completed invoice is received by the University. A Firm Ombudsman, whose duties include acting as an advocate of Firms who may be experiencing problems in obtaining timely payment(s) from the University, may be contacted at (239) 590-1100.

7.12.7 ANNUAL APPROPRIATIONS

The University's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature of the State of Florida.

7.12.8 ACCOUNTING AND AUDIT

Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for proper pre-audit and post-audit reviews. The Firm agrees to maintain at its principal place of business those business records, books, account information and materials related to any resulting Agreement or purchase order. The University, or any of their authorized representatives, will have the right upon reasonable notice to review and audit such materials during reasonable business hours and in a manner that does not disrupt Firm’s business operations. Firm agrees to retain any documents relevant to this Agreement for a period of at least five (5) years after the final payment is made or the Agreement is terminated, whichever is later. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute resolved.

7.13 ADVERTISING

In submitting a Response to this RFI, Respondent agrees not to use the results therefrom as a part of commercial advertisement. Where the University agrees to allow the use of its name or logo, such use of the University name or logo shall not be implied as a direct or indirect endorsement on behalf of the University.

ATTACHMENT A

RFI ACKNOWLEDGEMENT FORM

RFI 23R-001 – DISTRIBUTED ANTENNA SYSTEM ASSESSMENT

1.0 Explanation

This certification attests to the Respondent’s awareness and agreement to the content of this RFI and all accompanying provisions contained herein.

2.0 Action

Respondent ensures that the following certificate is duly completed and correctly executed by an authorized officer representing the Respondent in their capacity.

3.0 This Response is submitted in response to Request for Information 19M-001 solicited by Florida Gulf Coast University.

The undersigned certifies that to the best of their knowledge that:

3.1 The undersigned is a principle agent of the company with said authority to enter into and bind the company to this Request for Information and any agreement that may result from the award.

3.2 Agrees to be bound by the content of this Response and agrees to comply with the terms, conditions and provisions of the referenced Request for Information (RFI) and any addenda thereto in the event of an award. Exceptions are to be noted as stated in the RFI.

3.3 The Response shall remain in effect for a period of ninety (90) calendar days as of the Due Date for Responses to the RFI.

3.4 This Response is made without prior understanding, agreement, or connection with any corporation, firm, or person also submitting a Response for the same services and is in all respects fair and without collusion or fraud.

3.5 The undersigned certifies that, to the best of his/her knowledge that there is no trustee or employee of Florida Gulf

Coast University who has or whose relative has an interest in excess of 5% in the entity submitting this Response.

3.6 That the company is not currently debarred, suspended or proposed by any federal entity. The undersigned agrees to notify the University of any change in the status of the company in this regard, should one occur, until such time as an award has been made under this procurement action.

4.0 Person(s) authorized to negotiate in good faith on behalf of the company for purposes of this Request for Information are:

Name: _______________________________________ Title: __________________________________

Name: _______________________________________ Title: __________________________________

5.0 Company Name: _______________________________________

Address: _____________________________________________

Address: _____________________________________________

City, State, Zip Code: ___________________________________

Phone: ______________________________________________

Web Address: ________________________________________ FIED Number: ________________________________________

6.0 Name of Official: ______________________________________ Title: ____________________________

Signature: ____________________________________________ Date: ___________________________

ATTACHMENT B

ADDENDUM ACKNOWLEDGEMENT FORM

Office of Procurement Services 10501 FGCU Boulevard South South Village Modular I Fort Myers, Florida 33965-6565

SOLICITATION NUMBER: RFI 23R-001

SOLICITATION TITLE: DISTRIBUTED ANTENNA SYSTEM ASSESSMENT

OPENING DATE AND TIME: TBD

ADDENDUM NUMBER:

DATE:

PLEASE BE ADVISED THAT THE FOLLOWING CHANGES ARE APPLICABLE TO THE ABOVE REFERENCED

SOLICITATION:

THIS ADDENDUM NOW BECOMES A PART OF THE ORIGINAL SOLICITATION. THE ADDENDUM

ACKNOWLEDGMENT FORM SHALL BE SIGNED BY AN AUTHORIZED COMPANY REPRESENTATIVE,

DATED AND RETURNED AS INSTRUCTED WITH THE SOLICITATION RESPONSE. FAILURE TO DO SO MAY

SUBJECT THE RESPONSE TO DISQUALIFICATION.

RESPONDENT NAME

PRINTED NAME

ADDRESS

PHONE

CITY AND STATE

DATE

AUTHORIZED SIGNATURE:

US Mail or Email to: vendor@fgcu.edu

Procurement Services Request for Taxpayer Identification and Certification

(Substitute for IRS Form W-9)

1. Name (as shown on your income tax return)

2. Business name/disregarded entity name, if different from above

3. Check appropriate box for federal tax classification (required):

☐Individual/sole proprietor ☐C Corporation ☐S Corporation ☐Partnership ☐Trust/estate

☐Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

☐Other (see instructions)

4. Exemptions (Codes only apply to certain entities, not individuals; see instructions)

Exempt payee code (if any)

E xemption from FATCA reporting code (if any)

5. Address (number, street, and apt. or suite no.) Requester’s name and address:

Florida Gulf Coast University 10501 FGCU Boulevard South Fort Myers, FL 33965

6. City, state, and zip code

7. List account number(s) here (optional)

8. Are you or any of your controlling member’s current or former employees of the Florida Gulf Coast University? ☐Yes ☐No

If yes, please provide name and position at the University.

9. Please check all that apply to your business:

☐Small Business ☐Minority-Owned ☐Women-Owned ☐Veteran-Owned Business Enterprise ☐Disabled Veteran-Owned Business Enterprise

Are you certified? If yes, please provide a copy of the certification with this W-9.

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 4 of the i nstructions.

Note. If the account is in more t han one name, see the chart in the instructions for guidelines on whose number to enter.

Social security number

Employer identification number

☐Yes ☐No

Part II Contact Information

Primary Vendor Contact Title

Tax Correspondence Address nce Address if Differen mbe emitta r t R

Email Addres

Phone Number s

Fax Nu

Part III Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am a U.S. citizen or other U.S. person (see instructions).

4. The FATCA codes entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions.

Signature of U.S. person Date

Per Florida Statute 119.71(5), FGCU is required to notify individuals of the circumstances that require or authorize the collection and use of social security numbers (“SSN”). FGCU is requesting the information above, as required for income tax reporting purposes.

Form: 3.XV 1/03/2018