RFP Document.pdf

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STATE OF SOUTH DAKOTA

INFORMATION TECHNOLOGY (IT) RFP

Bureau of Information and Telecommunications 700 Governors Drive

Pierre, South Dakota 57501

Low Voltage/Fiber Optic Wiring Services

PROPOSALS ARE DUE NO LATER THAN 8/8/25

RFP #: 25RFP15844 STATE POC: Ryan Ogan EMAIL: bite-rate@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGITS): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: Ryan Ogan

TELEPHONE NO: 605-773-7080

E-MAIL: bite-rate@state.sd.us

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1 General Information

1.1 Purpose of Request for Proposal (RFP)

The purpose of this Request for Proposal (RFP) is to establish, on behalf of the State of South Dakota, referred to as State, a two (2) year contract for the installation, maintenance, and repair of wiring related to LAN/WAN, fiber optic, CATV terminations, door and security systems, cameras, sound masking, paging system, analog and digital telephone lines, alarm circuits, sets, and wiring installation. The contract will be awarded on a statewide basis for all State owned or leased properties. The terms of the contract(s) will be for two (2) years with an option to extend for three (3) additional one-year periods at the State’s discretion.

1.2 Issuing Office and RFP Reference Number

The Bureau of Information and Telecommunications (“Agency”) is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota (“State”). The reference number for this transaction is RFP# 25RFP15844. This reference number must be referred to on all proposals, correspondence, and documentation relating to this RFP.

1.3 Schedule of Activities (Subject to Change)

All deadlines in the Schedule of Activities are due by 11:59 p.m. CST. The Schedule of Activities for this RFP is as follows:

RFP Publication 07/11/2025 Deadline for Letter of Written Inquiries 07/18/2025 Deadline for Responses to offeror Questions 07/25/2025 Deadline for Proposal Submission 08/08/2025 Demonstrations and presentations (if required) 08/12/2025 Proposal Revisions (if required) 08/19/2025 Anticipated Award Decision/Contract Negotiation 08/26/2025

1.4 Submitting a Proposal

All proposals must be completed and received by the Agency by the date and time indicated in Section 1.3 Schedule of Activities.

Proposals received after the Deadline for Proposal Submission will be late and ineligible for consideration.

All proposals must be signed, in ink or electronically, by a representative of the offeror who is legally authorized to bind the offeror to the proposal. Proposals that are not properly signed may be rejected. The offeror’s proposal must be prepared pursuant to the requirements of Section 4 Proposal Submission Requirements of this RFP.

The State will only accept electronic proposals via email.

Each offeror must provide an electronic version of the proposal. The electronic version should be provided in MS Word or in PDF format to bite-rate@state.sd.us The email, mailto:bite-rate@state.sd.us

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including attachments, must be limited to 20MB in size.

No proposal will be accepted from, or no contract or purchase order will be awarded to, any person, firm, or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.5 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exclusion – Lower Tier Covered Transactions

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to its offer.

1.6 Non-Discrimination Statement

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin, or disability.

1.7 Restriction of Boycott of Israel

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.8 Certification Relating to Prohibited Entity

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the

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State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

1.9 Certification of No State Legislature Interest

The bidder or offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any agreement entered into as a result of this RFP. By signing an agreement pursuant to this RFP, the bidder or offeror certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.10 Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 Questions Regarding RFP

All written questions should be sent to: SD RFP Project Contact Ryan Ogan at bite-rate@state.sd.us, only emailed questions will be accepted.

Each offeror may submit questions via email concerning this RFP to obtain clarification of requirements. No questions will be accepted after the date and time indicated in the above schedule of activities. Email questions to the email address listed above with the subject line “RFP# 25RFP15844”. The questions and their answers will be sent to all offerors that submitted Letters of Intent, submitted questions, or requested the questions and answers via email before the proposal submittal date and will be sent by the date and time indicated in the above calendar of events. Offeror may not rely on any other

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statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP that have not originated from the SD RFP Project Contact. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process.

Inappropriate contacts are grounds for suspension and exclusion from specific procurements.

1.12 Proprietary Information

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary.

Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 Length of Contract

The length of the contract will be for a term of 2 years. The State will have the opportunity to renew the contract annually for up to 3 additional one-year time extensions for a total of 5 years. The extension(s) will not be automatic.

1.14 Governing Law

This RFP will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this RFP will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.15 Discussions

At the State’s discretion, the offeror may or may not be invited to have discussions with the State. The discussions can be before or after the RFP has been submitted.

Discussions will be made at the offeror’s expense.

1.16 Negotiations

This process is a Request for Proposal/Competitive Negotiation process. Each proposal will be evaluated, and each respondent will be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any component of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2 Standard Contract Terms and Conditions

Any contract or agreement resulting from this RFP will include the State’s standard terms and

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conditions as listed below and any additional terms and conditions as negotiated by the parties.

The offeror must indicate in its response any issues it has with specific contract terms. If the offeror does not indicate that there is an issue with a specific contract term, then the offeror will be deemed to have accepted the contract terms as written.

2.1 The Contractor will perform those services described in the Scope of Work, attached to the Agreements Exhibit A and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement will start on 9/1/25, and end on 8/31/27, unless terminated sooner pursuant to the terms of the Agreement.

2.3 The Contractor will not use State equipment, supplies, or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number, or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services.

The TOTAL CONTRACT AMOUNT is an amount not to exceed $2,000,000. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL chapter 5-26.

2.5 The Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. The Contractor will defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. The Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense.

In defending the State of South Dakota, its officers, agents, and employees, the Contractor will engage other professionals, subject to the written approval of the State which will not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of the Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist the Contractor in the defense. This section does not require the Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses, or equitable relief arising solely from errors or omissions of the State, its officers, agents, or employees.

2.6 During the term of this Agreement, the Contractor will obtain and maintain in force insurance coverage of the types and with the limits as follows:

2.6.1 Commercial General Liability Insurance:

The Contractor will maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1 million for each occurrence. If such insurance contains a general aggregate limit it will apply separately to this Agreement or be no less than two times the occurrence limit.

The insurance policy will name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

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2.6.2 Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor will procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1 million.

2.6.3 Business Automobile Liability Insurance:

The Contractor will maintain business automobile liability insurance or equivalent form with a limit of not less than $1 million for each accident. Such insurance will include coverage for owned, hired, and non-owned vehicles.

2.6.4 Workers’ Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor will furnish the State with properly executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation, or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor will furnish copies of insurance policies if requested by the State.

2.7 While performing services under this Agreement, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 The Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. The Contractor will report any such event to the State immediately upon discovery.

The Contractor's obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. The Contractor’s obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications).

Reporting to the State under this section will not excuse or satisfy any obligation of the Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days’ written notice. In the event the Contractor breaches any of the terms or conditions of this Agreement, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to the Contractor at the time of termination may be adjusted to cover any additional costs to the State because of the Contractor's breach. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a breach by the Contractor it is determined that the Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the

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Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days’ written notice. The Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent, or employee of the State, and the Contractor waives any claim against the same.

2.11 This Agreement may not be assigned without the express prior written consent of the

State. This Agreement may not be amended except in writing, which writing will be expressly identified as a part of this Agreement and be signed by an authorized representative of each of the parties to this Agreement.

2.12 This Agreement will be governed by and construed in accordance with the laws of the

State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement will be in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, requirements, and other standards applicable to providing services pursuant to this Agreement and will be solely responsible for obtaining current information on such requirements. Nothing herein will constitute a waiver by the State to any defense to jurisdiction nor will anything under this Agreement constitute an acknowledgement by the State that any tribe has or exercises any jurisdiction over this Agreement or the parties.

2.14 The Contractor may not use subcontractors to perform the services described in this

Agreement without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply with applicable federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, and other standards and will adopt such review and inspection procedures as are necessary to assure such compliance. The State, at its option, may require the vetting of any subcontractors. The Contractor will assist in the vetting process.

2.15 The State reserves the right to reject any person from performing services under this

Agreement who the State believes would be detrimental to the services, presents insufficient skills, presents inappropriate behavior, or is considered by the State to be a security risk.

2.16 The Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s), and other material which are a part of the work under this Agreement will not be

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copyrighted without written approval of the State.

2.17 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension, or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.18 By signing this Agreement, the Contractor certifies and agrees that is has not refused to transact business activities, have not terminated business activities, and have not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. During the term of this Agreement, if the Contractor no longer complies with this certification, the Contractor agrees to provide immediate written notice to the State and agrees such noncompliance may be grounds for termination of this Agreement.

2.19 Pursuant to South Dakota Codified Law § 5-18A, by entering into this Agreement with the

State of South Dakota, the Contractor certifies and warrants that the Contractor is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A.

The Contractor agrees that if this certification is false, the State may terminate this Agreement with no further liability to the State. The Contractor further agrees to provide immediate written notice to the State if during the term of the contract it no longer complies with this certification, and the Contractor agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

2.20 The Contractor (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to this Agreement. By signing this Agreement, the Contractor certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

2.21 Any notice or other communication required under this Agreement will be in writing and sent to the address set forth above. Notices will be given by and to on behalf of the State, and by and to , on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when

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mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.22 In the event that any court of competent jurisdiction will hold any provision of this

Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision of this Agreement.

2.23 All other prior discussions, communications, and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided in this Agreement, this Agreement constitutes the entire agreement with respect to the subject matter.

2.24 The waiver by either party of a breach or violation of any provisions of this Agreement will not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement.

2.25 Nothing in this Agreement is intended to constitute a waiver of sovereign immunity by or on behalf of the State of South Dakota, its agencies, officers, or employees.

2.26 Neither party will disclose the contents of the Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that party’s rights under this Agreement. The Contractor acknowledges that the State of South Dakota and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws, including, without limitation, posting this Agreement on the website pursuant to SDCL § 1-27-46.

2.27 For purposes of this paragraph, “State Proprietary Information” will include all information disclosed to the Contractor by the State. The Contractor will not disclose any State Proprietary Information to any third person for any reason without the express written permission of a State officer or employee with authority to authorize the disclosure. The Contractor must not: (i) disclose any State Proprietary Information to any third person unless otherwise specifically allowed under this Agreement; (ii) make any use of State Proprietary Information except to exercise rights and perform obligations under this Agreement; (iii) make State Proprietary Information available to any of its employees, officers, agents, or third party consultants except those who have a need to access such information and who have agreed to obligations of confidentiality at least as strict as those set out in this Agreement. The Contractor is held to the same standard of care in guarding State Proprietary Information as it applies to its own confidential or proprietary information and materials of a similar nature, and no less than holding State Proprietary Information in the strictest confidence. The Contractor must protect the confidentiality of the State’s information from the time of receipt to the time that such information is either returned to the State or destroyed to the extent that it cannot be recalled or reproduced. The Contractor agrees to return all information received from the State to the State’s custody upon the end of the term of this Agreement, unless otherwise agreed in a writing signed by both parties. State Proprietary Information will not include information that:

• was in the public domain at the time it was disclosed to the Contractor,

• was known to the Contractor without restriction at the time of disclosure from the

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• that was disclosed with the prior written approval of State’s officers or employees having authority to disclose such information,

• was independently developed by the Contractor without the benefit or influence of the State’s information, and

• becomes known to the Contractor without restriction from a source not connected to the State of South Dakota.

State’s Proprietary Information can include names, social security numbers, employer numbers, addresses and other data about applicants, employers or other clients to whom the State provides services of any kind. The Contractor understands that this information is confidential and protected under State law. The Parties mutually agree that neither of them nor any subcontractors, agents, assigns, or affiliated entities will disclose the contents of this Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that Party’s rights under this Agreement. The Contractor acknowledges that the State and its agencies are public entities and thus may be bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with South Dakota open records or open meetings laws.

2.28 The Contractor will enforce separation of job duties and require non-disclosure agreements of all staff that have or can have access to State Data or the hardware that State Data resides on. The Contractor will limit staff knowledge to those staff whose duties that require them to have access to the State Data or the hardware the State Data resides on.

2.29 The Contractor will be required to sign the Security Acknowledgement Form which is attached to this Agreement as Exhibit B. The signed Security Acknowledgement Form must be submitted to the State and approved by the South Dakota Bureau of Information and Telecommunications and communicated to the Contractor by the State contact before work on the contract may begin. This Security Acknowledgment Form constitutes the agreement of the Contractor to be responsible and liable for ensuring that the Contractor, the Contractor’s employee(s), and subcontractor’s, agents, assigns and affiliated entities and all of their employee(s), participating in the work will abide by the terms of the Information Technology Security Policy (ITSP) attached to this Agreement as Exhibit C. Failure to abide by the requirements of the ITSP or the Security Acknowledgement Form can be considered a breach of this Agreement at the discretion of the State. It is also a breach of this Agreement, at the discretion of the State, if the Contractor does not sign another Security Acknowledgement Form covering any employee(s) and any subcontractor’s, agent’s, assign’s, or affiliated entities’ employee(s), any of whom are participating in the work covered by this Agreement, and who begin working under this Agreement after the project has begun. Any disciplining of the Contractor’s, Contractor’s employee(s), or subcontractor’s, agent’s, assign’s, or affiliated entities’ employee(s) due to a failure to abide by the terms of the Security Acknowledgement Form will be done at the discretion of the Contractor or subcontractors, agents, assigns, or affiliated entities and in accordance with the Contractor’s or subcontractor’s, agent’s, assign’s, and affiliated entities’ personnel policies. Regardless of the actions taken by the Contractor and subcontractors, agents, assigns, and affiliated entities, the State will retain the right to require at the State’s discretion the removal of the employee(s) from the project covered by this Agreement.

2.30 The State, at its option, may require the vetting of any of the Contractor, and the

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Contractor’s subcontractors, agents, Assigns, or affiliated entities. The Contractor is required to assist in this process as needed. The State reserves the right to reject any person from participating in the project or require the Contractor to remove from the project any person the State believes is detrimental to the project or is considered by the State to be a security risk. The State will provide the Contractor with notice of its determination, and the reasons for the rejection or removal if requested by the Contractor.

If the State signifies that a potential security violation exists with respect to the request, the Contractor must immediately remove the individual from the project.

2.31 The State requires any person who writes or modifies State-owned software, alters hardware, configures software of State-owned technology resources, has access to source code or protected Personally Identifiable Information (PII) or other confidential information, or has access to secure areas to undergo fingerprint-based background investigations. These fingerprints will be used to check the criminal history records of both the State of South Dakota and the Federal Bureau of Investigation. These background investigations must be performed by the State with support from the State’s law enforcement resources. The State will supply the fingerprint cards and prescribe the procedure to be used to process the fingerprint cards. Project plans should allow 2-4 weeks to complete this process.

If work assignments change after the initiation of the project covered by this Agreement so that a new person will be writing or modifying State-owned software, altering hardware, configuring software of State-owned technology resources, have access to source code or protected PII or other confidential information, or have access to secure areas, background investigations must be performed on the individual who will complete any of the referenced tasks. The State reserves the right to require the Contractor to prohibit any person from performing work under this Agreement whenever the State believes that having the person performing work under this Agreement is detrimental to the project or is considered by the State to be a security risk, based on the results of the background investigation. The State will provide the Contractor with notice of this determination.

2.32 Any service, software, or hardware provided under this Agreement will comply with State standards which can be found at https://bit.sd.gov/bit?id=bit_standards_overview.

2.33 The Contractor will not provide to the State any services, computer hardware or video surveillance hardware, or any components thereof, or any software that was manufactured, provided, or developed by a covered entity. As used in this paragraph, “covered entity” means the following entities and any subsidiary, affiliate, or successor entity and any entity that controls, is controlled by, or is under common control with such entity: Kaspersky Lab, Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, Nuctech, or any entity that has been identified as owned or controlled by, or otherwise connected to, People’s Republic of China. The Contractor will immediately notify the State if the Contractor becomes aware of credible information that any hardware, component, or software was manufactured, provided, or developed by a covered entity.

3 Scope of Work

1.1 The Contractor agrees to provide the following services as requested by the State:

https://bit.sd.gov/bit?id=bit_standards_overview

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1.1.1 Cabling services, including but not limited to installation, relocation, repair, testing, and maintenance of all telecommunications copper and fiber optic cabling, cable related hardware infrastructure and terminations, and attached equipment as per the BIT wiring standards/requirements document.

Agree☐ Disagree☐ If Disagree Explain:

1.1.2 Services will include LAN/WAN, fiber optic, CATV terminations, door and security systems, cameras, sound masking, paging system, analog and digital telephone lines, alarm circuits, sets, and wiring installation.

1.1.3 Weekly updates to tickets, as well as regular communications with BIT, project partners, and other contractors.

1.1.4 Bi-weekly check ins with BIT staff and other meetings as required to discuss outstanding projects.

1.2 Type of Service Requirements

1.2.1 Installation shall include installation of cables, associated hardware, or State-owned telephones and terminal equipment defined by time and materials required to complete a work order request submitted by the State.

1.2.2 Repair shall include repair of cable in State owned and leased buildings from the demarcation point in a building or on the campus up to and including the jack.

1.2.3 Engineering and Surveys

If the State so requests, Contractor shall provide engineering, with pre-installation site surveys, resulting in detailed floor plans listing proposed materials and costs, including labor.

The requested plans may include, but are not limited to, all or some of the following:

• Proposed routing of all cables

• Pull boxes, hand hole or manhole placements

• Fire wall penetration locations

• Equipment room modification needs

• Down times, if any

• Cost estimates

• Materials list with item, quantity, description, part number, unit price, and a total.

• Any wire and cable splicing needs as related to existing cabling.

• Grounding information

• Boring or trenching needs or other ground opening or closing

• Cable testing process

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• Drawings or prints of cable layouts including any modifications to existing drawings or prints.

• Ongoing records of pair usages (assignments)

• Cable records

1.2.4 Contractor’s responsibilities

1.2.4.1 The Contractor shall be solely responsible for all equipment, services, or both that it proposes, notwithstanding the details presented in these specifications.

1.2.4.2 The Contractor shall notify the site contact a minimum of 24 hours in advance prior to arrival for any requested maintenance work.

1.2.4.3 Completing A Project - Installations shall be handled as "turnkey" projects with delivery, installation, and testing completed and accepted by the State. Installation, maintenance and repair shall be the total responsibility of the Contractor as specified in this RFP.

1.2.4.4 Alterations - On each State Work Authorization, the State reserves the right to make minor alterations in the locations of terminal jacks and cable routing at any time prior to completion.

Minor alterations shall be limited to previously designated rooms.

All other alterations shall require a change order and/or further discussion with BIT wiring staff.

1.2.4.5 Service Facility - The Contractor shall have on its staff qualified technical personnel, suitably trained for cable and materials installations and for repair and maintenance of cable and materials.

1.2.4.6 Contractor's Experience and Expertise - The Contractor shall have experience in supporting telephone equipment and wiring and Local Area Network and Wide Area Network in a Campus environment. Contractor must have experience in supporting multiple LANs in the same building and experience in supporting a wide area backbone network on a large campus environment.

The Contractor shall have experience in installing local area networks in a campus environment. Contractor must have an understanding of LANs and wide area networks, the network equipment and lines involved and how all connects together.

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1.2.4.7 Contractor's Total Plant Responsibility - The Contractor shall be responsible for all State-owned cable within State owned and leased, where required, buildings, in tunnels, terminating in equipment rooms or wiring closets, in manholes on State property, ductwork and in State leased space. Such responsibility will include installation, labeling, repair, record maintenance, preventative maintenance, notification of low count, testing, splicing and replacement. The Contractor shall complete and maintain accurate cable records for all State owned and leased buildings. Where records do not exist, the Contractor shall make cable records showing the cable work in progress or completed by his/her company. Contractor is not responsible for cable records of past work that do not exist at the time he/she first contracts with the State. Contractor, however, shall compile cabling records at the time he/she starts providing services. One copy of each building's records will be in place at that buildings main equipment room and a copy of the entire complex (campus) cable records will be placed and maintained in a fireproof storage area in the Contractor's central office, or in electronic form. One copy will reside with the State at BIT. Updated cable records will be sent to the State at the time the Contractor submits invoices for work completed.

1.2.4.8 Records - The Contractor shall maintain a permanent and updated record of all installation and repair changes performed by that Contractor and have these records available for inspection or auditing when so requested by the State. The Contractor shall also be responsible for the permanent wiring record database for all State buildings within its area and for maintaining and updating the wiring plots, prints and maps. A copy will be posted at each facility at the conclusion of any facility wiring plant changes. All records and maps shall become the property of the State at the conclusion of the contract. Records shall include, in addition to pair assignments and terminal fill counts:

• Underground conduit and cable routes - as built or placed

• Interior conduit and cable routes per building

• All wire and cable cross connections, splices, junction boxes and boards for inside and outside plant. Included shall be a complete and detailed inventory with wire and cable numbering, color coding, available spares and defective wires.

• Drops need to be uniquely identified at the workstation end and the wiring closet end.

All inside/outside plant conduit or duct route records shall include size and type installed. Any open conduit or duct routes remaining after installation shall be noted in the records.

• All wire, cable, conduit and duct records shall be kept and maintained at the contractor's place of business and shall be available for audit by the State anytime.

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• Records shall include notations on any structural damage, facility damage, or any modification to safety or technical specifications effected while performing work.

• Contractor shall notify the State when any cable path reaches or exceeds 75% of fill capacity.

1.2.4.9 Supervision by Contractor - When so required by State the Contractor shall have a complete set of plans and specifications available at all times while work is in progress and shall assume full responsibility for supervision of the work, including that which is sublet. Supervision shall mean an individual on site who shall assume responsibility for all phases of the work underway and interface with State personnel. The Contractor's supervisor shall be thoroughly experienced in the type of work being performed and capable of reading and understanding building blueprints, grounds layouts, and the State Work Authorizations with plans and specifications.

1.2.4.10 Access - The Contractor shall use only those entrances identified by the State for its access to and from a job site during installation and repair. Contractor personnel must check in with facility representatives prior to any work being completed.

3.2.4.11 Service Interruptions - A date and time schedule, showing all work requiring interruption of telephone or electrical service shall be presented to the State for approval at least three (3) working days in advance of the planned interruptions. The Contractor shall not proceed with any telephone or electrical interruptions(s) without approval from the State. All service interruptions shall be planned for other than normal working hours, which are 8:00 AM to 5:00 PM Monday through Friday.

3.2.4.12 Altering Existing Facilities - The Contractor may not make any changes or alterations to the State's facilities without approval from the State. This will include drilling holes or making other openings for cabling.

3.2.4.13 Protection for Piping, Equipment and Existing Wiring - Contractor shall provide protection for existing piping, equipment, wiring, etc.

Damage to any of these on the part of Contractor or its worker shall be remedied by Contractor to the full satisfaction of the State.

Contractor shall also replace in good condition those parts of existing buildings which require cutting and patching due to connections with new work.

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3.2.4.14 Restoration of Related Damage - When or where any direct or indirect damage is done to public and private property as a result of execution of the work, or in consequence of the non-execution thereof on private property through any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of Contractor, such property shall be restored by Contractor at its own expense to a condition similar or equal to that existing before such damage or injury was done. Any damage or disfigurement shall be restored at the Contractor's expense.

3.3 Cable and Material Requirements

3.3.1 The Contractor shall have total cable and cable materials responsibility, although the State reserves the right to provide materials. The Contractor shall coordinate any necessary interfaces with the regulated common carrier, other carriers, the equipment/switch providers and technicians and the State. Any additional equipment or coordination required for identifying and resolving interface problems shall be provided by the Contractor. Failure to correct a cable interface problem during the contract term shall constitute default.

3.3.2 Wire and Cable and Associated Materials - The Contractor is to purchase and use only State approved types and makes of wiring, cables, and associated materials for installation and repairs. The "markup" on such cable and materials may not exceed 10% of total cost of the materials.

3.3.3 Cable and Materials - All cable and materials shall be new and free from defects in material and workmanship. The State will designate the type of cable.

3.3.4 Return of Samples – Following the test and evaluation any samples shall be returned to the Contractor.

3.3.5 Delivery – The cable and cable materials as selected or approved by the

State, shall be delivered to the specified location and installed by the Contractor without additional cost or expense to the State.

3.3.6 State Standards - During all work the Contractor shall meet National Electric

Code (NEC) and State wiring standards. The NEC is related to safety and takes precedent over our State standards. State Standards can be located at:

https://www.sd.gov/bit?id=bit_standards_wiring https://www.sd.gov/bit?id=bit_standards_wiring

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3.3.7 Time of Completion - The Contractor shall deliver and install all cable and materials as per a State Work Authorization Request which will specify completion dates.

3.3.8 Prosecution of Work - All cabling and materials shall be installed with minimal interruption to the normal business operations. Most new cable and materials installations will take place after normal office closing hours of 5:00 PM, Monday through Friday and on weekends and State holidays. Cable and materials installations at institutions and university sites, wherein service interruptions may take place, may be possible only after classroom hours.

3.3.9 Warranty - All cable and materials shall be warrantied…