RFP LEASED FIBER TRANSPORT - NWRESD FINAL.pdf

E-Rate Form 470 Request for Proposals – Leased Fiber Transport 1

Tigard-Tualatin School District

REQUEST FOR PROPOSALS

RFP 2122-10

E-Rate Form 470 Request for Proposals for the provision of Leased Fiber Transport

- NWRESD

Proposal Opening Date: Monday, December 13, 2021 Proposal Opening Time: 2:00pm Proposal Opening Room: Financial Services Office

For Clarification Contact: Lee Reinholtz, Sr Purchasing Specialist Email only (no phone calls): lreinholtz@ttsd.k12.or.us

IT Director: Susan Barnard Email: sbarnard@ttsd.k12.or.us

Mailing Address: Tigard-Tualatin School District 23J Purchasing 6960 SW Sandburg Street Tigard, Oregon 97223

FAXED OR LATE PROPOSALS WILL NOT BE ACCEPTED

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E-Rate Form 470 Request for Proposals – Leased Fiber Transport

TABLE OF CONTENTS

Table of Contents 2

Advertisement 4

I. Introduction 5

II. Proposal Process 8

III. Proposal Terms and Conditions 15

IV. Award Process 19

V. Evaluation Response Criteria 22

APPENDIX

Appendix A – Scope of Work Appendix B - Evaluation Response Criteria

ATTACHMENTS

Attachment 1 – RFP Requirements Checklist

Attachment 2 – Proposer Certification

Attachment 3 – Insurance Requirements

Attachment 4 – Certification Statement for Corporation or Independent Contractor

Attachment 5 – Worker’s Compensation Exemption Certificate

Attachment 6 – Affidavit of Non-Collusion

Attachment 7 – Proposer Responsibility Form

Attachment 8 – References and Reliability

Attachment 9– Financial Resources & Key Personnel

Attachment 10 – Price Schedule

Attachment 11 – Small Construction Contract

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For more information or for clarification of any part of this RFP, including Technical Specifications, the District point of contact is Lee Reinholtz, Tigard-Tualatin School District No. 23J Purchasing, 6960 SW Sandburg Street, Tigard OR, 97223, EMAIL lreinholtz@ttsd.k12.or.us. Questions must be submitted via email and must be received NO LATER than November 29, 2021.

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ADVERTISEMENT

TIGARD-TUALATIN SCHOOL DISTRICT NO. 23J

Notice is hereby given that Tigard-Tualatin School District is seeking proposals from qualified providers to obtain competitive Offers from qualified Firms (Proposers) interested in the provision of Leased FiberTransport - NWRESD Building.

All proposals must be submitted by email to lreinholtz@ttsd.k12.or.us. Emailed proposals will be received by Lee Reinholtz, Sr Purchasing Specialist, by Monday, December 13, 2021 at 2:00 PM PST. Late proposals will not be accepted.

A complete description of the project, requirements and specific conditions for the Request for Proposal (RFP) are available by emailing lreinholtz@ttsd.k12.or.us.

Proposals will address the provision of Leased Fiber Transport between Tigard- Tualatin School District and The Northwest Regional ESD.

Attention is called to the provisions of the Oregon Statutes, Chapter 279. The bidder must indicate if bidder is a resident bidder as defined in ORS 279A.120 and if the contractor and subcontractors are licensed under ORS 701.005 – 701.055.

The TIGARD-TUALATIN SCHOOL DISTRICT NO. 23J reserves the right to reject any or all proposals that are not in compliance with all prescribed requirements.

Publish: The Daily Journal of Commerce November 10, 2021 mailto:lreinholtz@ttsd.k12.or.us mailto:cwalsh@ttsd.k12.or.us

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I - INTRODUCTION

Tigard-Tualatin School District No. 23J is the eighth largest school district based on enrollment in Oregon and the fifth largest in the Portland metropolitan area. The District includes 2 high schools, 3 middle schools, 10 elementary schools, 2 swim centers, and an alternative education program. The District serves the communities of Durham, Metzger, King City and Bull Mountain, as well as Tigard and Tualatin.

The District is comprised of approximately 40 square miles in Washington County with a smaller portion located in Clackamas County, in the northern portion of Oregon's Willamette Valley. The cities of Tigard and Tualatin are located just 20 minutes from the Portland Metropolitan Area, 10 miles from Beaverton and 30 minutes from Hillsboro.. Tigard-Tualatin is easily accessible from area freeways. The District has grown from five schools serving 4,654 students in 1969, to fifteen schools serving approximately 12,389 students.

Tigard-Tualatin School District No. 23J (TTSD) is issuing a Request for Proposals (RFP) for Leased Fiber Transport - NWRESD Building.

Proposers may obtain proposal documents from the Purchasing and Financial Services office located at:

Lee Reinholtz lreinholtz@ttsd.k12.or.us

Tigard-Tualatin School District Office 6960 SW Sandburg Street

Tigard, Oregon 97223

SOLICITATION CLOSING: Monday, December 13, 2021. Email to lreinholtz@ttsd.k12.or.us, Tigard-Tualatin School District Office. Do not mail your Proposals.

The successful proposer will be required to provide Worker’s Compensation coverage for employees.

Proposers are required to certify non-discrimination in employment practices, and identify resident status.

Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and the District Board Policy. Attention is directed to ORS 244, Government Ethics, 279.A. B. and C., Public Contracts and Purchasing; and State of Oregon Department of Justice Attorney General’s Model Public Contract Rules Manual.

The District may cancel the procurement or reject any or all Proposals in accordance with ORS 279B.100 and the District’s public contracting rules.

The District reserves the right:

● to reject any or all proposals not in compliance with public procurement procedures.

● to postpone award of the contract for a period not to exceed sixty (60) days from date of proposal opening.

● to waive informalities in the proposal.

● to select the proposal which appears to be in the best interest of the District.

mailto:lreinholtz@ttsd.k12.or.us

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DEFINITIONS

As used in this Request for Proposal, unless the context requires otherwise:

Addenda: An addition to or deletion of, a material change in, or clarification of, the RFP.

Award of the Contract: The decision by the District that indicates which Proposer the District has chosen to enter into an agreement with.

Contract: Once a Successful Proposer has been chosen, this is the agreement that the District and the Successful Proposer will enter into, at which point the Successful Proposer will become the Contractor.

That agreement will include the Provisions of this RFP and the Contract Provisions in similar form to those attached, and also any Appendices attached hereto, as well as the Provisions of the Proposal of the Successful Proposer, all of which will be incorporated therein in that Contract. That Contract will constitute the entire agreement between the parties. The Contract may also include any purchase orders, bonds, and addenda incorporated in the documents before their execution, and all other agreements of a supplemental nature, in writing, signed by both parties, entered into during the progress of the work.

Contractor: The Contractor is the Successful Proposer that signs, executes, and enters into a Contract with the District.

District: Tigard-Tualatin School District, its board of directors, departments, employees, and agents.

District Representative: Tigard-Tualatin School District Department Manager, or designee, acting as the administrator of the Contract and the primary District contact for the Contractor after the execution of the Contract.

Limited Liability Entity: Any corporation, limited liability company, limited liability partnership, or other business entity that must register with a state agency in order to do business as that entity.

Notice of Intent to Award: A document proclaiming an intent to award the Contract to a specified party.

OAR: Oregon Administrative Rules

ORS: Oregon Revised Statutes.

Proposal: A response to an RFP, created and submitted by a Proposer, which outlines the goods the Proposer wishes to create, manufacture, and/or deliver, or the services the Proposer wishes to render to the District.

Proposer: Any corporation, limited liability company, limited liability partnership, other limited liability entity, company, partnership, firm, sole proprietorship, or individual that creates and submits a Proposal.

A Proposer is a prospective Offeror / Contractor.

Provisions: Refers to all directions, terms, conditions, specifications, and requirements, etc., of the referenced subject.

Public Contract Rules: District Public Contract Rules adopted January 2010.

RFP: A Request for Proposal. This is an official publication/statement by the District which outlines goods or services of which the District is in need. It outlines the general needs and goals of the District, but the means and methods used to achieve those ends will generally be left up to each Proposer to suggest in the Proposal.

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Successful Proposer: The Proposer whose goods or services Proposal is accepted by the District, and upon acceptance, it is the Successful Proposer who is offered the Contract and who is obligated to sign the Contract for such goods or services, thus becoming the Contractor.Proposal.

The District: Tigard-Tualatin School District No. 23J

TTSD: Tigard-Tualatin School District No. 23J

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II – PROPOSAL PROCESS

1. Proposal Procedures

A. Issuing Office

This RFP document is issued by the Issuing Office of the District and that office shall be the sole point of contact for this RFP. Please contact the following person:

Contact Name: Lee Reinholtz, OPBC Title: Sr Purchasing Specialist Tigard-Tualatin School District No. 23J Phone: (503) 431-4035 6960 S.W. Sandburg Street lreinholtz@ttsd.k12.or.us Tigard, Oregon 97223

B. RFP Timetable. The District reserves the right to deviate from this schedule.

EVENT DATE

Publication November 10, 2021 Inquires Deadline November 29, 2021 Deadline to Withdraw from the RFP Process December 6, 2021 Submission Deadline December 13, 2021 Interviews (if needed) December 20, 2021 Date of Notice of Intent to Award January 10, 2022 Protest Deadline January 17, 2022 TTSD School Board Meeting January 24, 2022 Contract Execution Date January 31, 2022 Project Start Date February 1, 2022

All written inquiries or protests of the RFP process must be received by the Inquiries Deadline as indicated above. Clarifications and responses to written inquiries or protests regarding this RFP will be sent within one week of receipt of written inquiries or protests.

All protests of the Award of Contract must be received within seven days of the date of the Notice of Intent to Award above. The contract execution date is the date by which the successful Proposer must execute the Contract with the District

The District may, at its discretion, schedule interviews with the Proposers, and will contact any Proposers at that time.

C. Obtaining RFP Documents

RFP Documents may be reviewed or obtained from the TTSD office by contacting the following:

Contact’s Name: Lee Reinholtz Contact’s Title: Sr Purchasing Specialist Email: lreinholtz@ttsd.k12.or.us

D. Format Proposals mailto:dmoore@ttsd.k12.or.us mailto:dmoore@ttsd.k12.or.us

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All Proposers must prepare their Proposals according to the format outlined in this RFP and provide a response to the requirements. It is the sole responsibility of the Proposer to ensure that Proposals are received prior to the above stated Submission Deadline.

PROPOSALS MUST BE EMAILED TO THE DISTRICT ON OR BEFORE THE STATED DEADLINE.

The District will not consider late materials received after the Submission Deadline, and those materials will be returned unopened.

i. The Proposal must be submitted electronically via email, and o Should not exceed 15 pages in length o Should use a minimum of a 12 point font size.

ii. The Proposer's name and address must appear on the Proposal. In addition, the words, "Leased Fiber Transport - NWRESD Building" must be entered as the subject line of the email submission.

iii. Proposals not arriving by the Submission Deadline will not be considered. Time extensions will not be granted. The District will not accept faxed Proposals.

iv. Materials should be prepared simply, economically, and neatly. Special bindings, colored displays, and other similar accoutrements are not desired. Proposers are encouraged to be complete and concise.

v. This RFP document is not to be distributed or made available by the Proposer to anyone outside their company. The RFP document is to be released only by the District Office.

vi. In order to simplify the review process and to obtain the maximum degree of comparability, each Proposal shall include the required information as listed in Appendix B, Evaluation Response Criteria.

vii. Include all pricing information in the Proposal in the format described in Attachment 10, the Price Schedule.

viii. The District is committed to fostering diversity, sustainability and recycling and to supporting women, minority and small business enterprises. Describe the activities your firm has undertaken in these areas in the format below:

● What recycled products do you use?

● What products do you recycle?

● Are you minority, women-owned, or emerging small business

E. Erasures

Any and all erasures or corrections in the Proposal documents must each be initialed by the Proposer.

F. Signature

Any signature or initialing relating to this RFP certifies that the individual signing or initialing has read and fully understands all provisions. Anything relating to this RFP shall be deemed to have been properly signed or initialed if the procedures below are adhered to:

i. In the case of an individual Proposer, by each such individual Proposer.

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ii. In the case of a partnership, the name of the partnership must appear directly above the initial or signature, and the initial or signature must be that of one of the authorized partner(s) of said partnership, signing for and in the name of the partnership. In addition, the names of all partners shall be stated in the document.

iii. In the case of a Limited Liability Entity, the entity's name shall be subscribed to by the president or other authorized managing officer, and the name of the office held in (or the capacity in which they act for) such corporation shall be listed under the signature of such officer.

iv. All signatures must be in ink.

G. Proposal Withdrawals

A Proposal may be withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, and received by the District prior to the submission deadline,December 13, 2021, 2:00PM PST.

H. Sufficiency

Please provide all requested and required information. Proposals which do not provide all information as required by this RFP will be rejected.

I. Certificate of Compliance and Contract Offer

The Proposal Certification (Attachment 2) must be signed before any Award of the Contract will be made. A Proposal will not be considered for any Award of the Contract where the Certificate has been deleted or modified or not properly signed prior to the Date of Notice of Intent to Award as specified above.

All Proposers who submit a Proposal must agree that the Provisions of this RFP and attached copy of the Contract Provisions are acceptable and that, within ten (10) days after receipt of a Notice of Intent to Award, any Proposer to whom a Contract is awarded will sign the Contract including those Provisions. Any objections to such Provisions must be stated in writing and received by the Issuing Office prior to the Deadline to Withdraw.

J. Rejection of Proposals

The District reserves the right to cancel the procurement or to reject any and all Proposals if it is determined to be in the interest of the District to do so. The information obtained will be used to help determine the suitability of the proposed products and services. The District reserves the right to waive any informality or irregularities should such action serve the interest of the District.

Non-acceptance of any Proposal will not imply any criticism of the Proposal or convey any indication that the Proposal or proposed products or services were deficient. Non-acceptance of any Proposal may mean that another Proposal was deemed to be more advantageous to the District or that no Proposal was deemed acceptable

Proposals will be evaluated and, unless all Proposals are rejected, an Award of the Contract will be made based upon the evaluation process outlined within this RFP. The evaluation may result in the Award of the Contract being made other than to the lowest priced Proposal.

2. Proposal Requirements

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A. Required Qualifications

Proposers shall provide information on three current or recent (within the past five years) local customers for whom service of a comparable size and scope have been provided. This information must be provided on the forms provided in Attachment 8. References contacted will be asked the same questions related to their satisfaction with the services performed by the Proposer.

B. Cost Data

Any proposals not submitting pricing information in accordance with this RFP will be rejected. The Proposer is required to provide a detailed summary of any expenses, costs and fees for the project described in this RFP. A total price for the project as described in this RFP shall be quoted and shall include all costs for which the District shall be responsible. Any unspecified costs shall be borne by the contract organization. Promotional and/or volume hourly rate discounts should also be separately itemized. Cost Data shall be submitted in conformance with the format provided in Attachment10.

C. Taxes

District is tax exempt. All taxes will be the responsibility of Proposer.

D. Payment

Unless otherwise provided in the terms and conditions of this RFP or of the Anticipated Contract provisions, payment will be made 30 days after receipt of invoice and acceptance of goods and/or services provided under this RFP.

3. Public Information and Trade Secrets

A. All Proposals and related materials shall be kept by the District for a period of six years and will be considered public information.

B. Proposers who have concerns about revealing trade secrets or other proprietary information within their Proposal must preface each page of sensitive material with the following text: "This data constitutes a trade secret under ORS 192.501(2) and shall not be disclosed outside the District or duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the described products/services or in accordance with Oregon Public Records Law, ORS Chapter 192.

This restriction does not limit the District's right to use information contained herein if it is obtained from another source." All Proposers who respond to this RFP authorize the release of all information on any page that does not contain said above text.

C. Oregon Public Records law exempts only bona fide trade secrets from disclosure, "unless the public interest requires disclosure in the particular instance." ORS 192.501(2). Non-disclosure of documents submitted with a Proposal and marked as a trade secret may depend on official or judicial determinations made pursuant to Oregon Public Records Law.

D. Cost or price information does not constitute trade secrets and must be open to public inspection.

4. Addenda

A. If it becomes necessary to modify, revise, or clarify any part of this RFP, addenda will be provided to all Proposers who have received the request for Proposal from the District Office.

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B. Proposers shall acknowledge receipt of all addenda in the appropriate area of the Proposer Certification, Attachment 2, which must be returned as part of the Proposal requirements. All addenda issued during the RFP period are incorporated into the Contract.

5. Inquiries and RFP Request for Clarifications

C. This RFP, the anticipated contract provisions attached to the Small Construction Projects Contract (Attachment 11) and all subsequent written modifications and addenda issued by the designated contact for the District thereto are hereby designated as the sole reference and authority for the preparation of Proposals and take precedence over any other source, either verbal or written.

D. No District employee or officer is authorized to make any oral interpretation of any Provisions within the RFP or Contract documents. The District will not be responsible for any oral remarks related to this RFP. Prospective Proposers who are in doubt about or who have any objection to any aspect of this RFP, the Anticipated Contract Provisions and all subsequent written modifications and addenda must submit a written objection or request for clarification by the Inquiries Deadline listed in the RFP Timetable.

E. To be considered, prospective Proposer's written RFP Request for Clarification must be submitted to the Issuing Office, via email, by the Inquiries Deadline in the RFP Timetable as follows:

RFP Request for Clarification

RFP for Leased Fiber Transport- NWRESD Building

Due by November 29, 2021, 2:00PM, PST

RFP Requests for Clarification must be submitted via email:

Email: lreinholtz@ttsd.k12.or.us

F. The District's clarification to a prospective Proposer, whether orally or in writing, does not change the RFP and is not binding on the District unless the District amends the RFP by Addendum.

G. The District reserves the right to cancel the RFP in lieu of clarification under, and in conformance with, OAR 137-047-0660.

6. RFP Protests

A. A prospective Proposer may protest the procurement process or the solicitation document ("RFP Protest") for a contract solicited under ORS 279B.055, 279B.060, and 279B.085 in accordance with this Section 2.6. Before seeking judicial review, a Proposer must file a written protest with the District and exhaust all administrative remedies.

B. RFP Protest Submission Requirements. To be considered, prospective Proposer's written RFP Protest must be submitted to the Issuing Office marked as follows:

RFP Protest RFP for Leased Fiber Transport - NWRESD Building RFP Protests may be submitted via email

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C. Time Limitation on Protest. An RFP Protest shall be presented to the District at least seven calendar days prior to proposal closing. The District will not consider a protest submitted after the time period established in this Section 2.6.

D. Right to Protest RFP. The District will consider a RFP Protest filed in compliance with the requirement of this Section 2.6 if it: 1) states the grounds that demonstrate how the process is contrary to law, or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 2) provides evidence or supporting documentation that supports the grounds on which the protest is based; and 3) states the relief sought by prospective Proposer.

E. District's Response to RFP Protest. The District will issue a written disposition of the RFP protest no less than 3 business days before proposals are due, unless a written determination by the District determines that circumstances exist that require a shorter time limit. If the District upholds the protest, in whole or in part, the District may in its sole discretion either issue an Addendum reflecting its disposition under OAR 137-047-0430 or may cancel the RFP in the public interest under and in conformance with, OAR 137-047-0660.

F. Extension of Closing. The District may extend Closing if it determines an extension is necessary to consider and respond to a properly filed Protest under this Section 2.6.

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III – PROPOSAL TERMS AND CONDITIONS

1. Independent Contractor/Partnerships

Nothing in this RFP shall be construed to create a partnership, joint venture or employment relationship between the parties. Contractor will not be, nor hold itself out to be, an officer, employee, agent of the District and will not make any such representations to third parties. Contractor acknowledges that Contractor's employees have no right to participate in District's employee benefit plans. Contractor further acknowledges that District is not responsible for the tax or other withholding of Contractor's employees.

2. Recycled Material

Pursuant to ORS 279A.125, notwithstanding provisions of law requiring a contracting agency to award a Contract to the lowest responsible Proposer or best Proposer or provider of a quotation, a contracting agency charged with the procurement of goods for any public use shall give preference to the procurement of goods manufactured from recycled materials if all the following conditions are met:

A. The recycled product is available;

B. The recycled product meets applicable standards;

C. The recycled products can be substituted for a comparable non-recycled product;

D. Recycled product costs do not exceed the costs of non-recycled products by more than five (5) percent or a higher percentage if a written determination is made by the contracting agency.

E. At its discretion, the District may give preference to the purchase of materials and supplies manufactured from recycled materials, even if the cost differential exceeds the five percent preference set forth above. At its discretion, the District may give preference to the suppliers of recycled products and recycled paper or to products that reduce the amount of waste generated.

The District may determine the amount of this preference.

3. Licenses

Contractor or Subcontractor shall demonstrate possession of any license necessary for performance of the work described under this RFP.

If not licensed to do business in the State of Oregon, the Successful Proposer will register as a foreign corporation with the State of Oregon Department of Commerce prior to the Award of the Contract.

4. Minority, Women-owned, and Emerging Small Business

It is the policy of the District to achieve race and gender equity and to foster small business opportunity in the award and implementation of contracts and subcontracts. The goal is to build a diverse and prosperous group of community contractors and trained employees who can effectively compete in business, while obtaining quality goods and services in a competitive, efficient, and non-discriminatory manner.

Proposer will certify in its offer that Proposer has not and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women, or emerging small business enterprise certified under ORS 200.055.

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5. Immigration Reform and Control Act

All Proposers shall comply with the provisions of the Immigration Reform and Control Act of 1986 regarding the verification of employment eligibility.

6. Cost of Proposal

The District will not be responsible for any costs associated with the development or submission of Proposals.

7. Contract

The contents of the Proposal of the Successful Proposer, along with this RFP and Contract Provisions (similar in form to those attached) and any clarifications and addenda issued by the District, will become contractual obligations if the District accepts a Proposer's offer. The order of precedence for the Contract documents shall be the Contract, this RFP, its attachments and any addenda, and the Proposal of the successful Proposer, unless otherwise indicated in the Contract.

If a Proposer has objections to the RFP documents, terms or conditions, or Anticipated Contract terms or conditions, but fails to follow the RFP Protest procedure described above, the only options available to the Proposer are to either accept all obligations, or to withdraw by the Deadline to Withdraw as indicated in the RFP Timetable.

A Proposer that fails to object by the Inquiries Deadline and to withdraw its Proposal by the Deadline to Withdraw will be deemed to agree that, if chosen as the Successful Proposer, it will accept said obligations in a contract, purchase agreement, purchase order, delivery order, or similar acquisition.

Failure to do so may result in cancellation of the Award of the Contract, and may, at the sole discretion of the District, result in liability to the Proposer for whatever damages the District sustains as a result thereof.

The formation of the Contract shall not be complete and the District shall not be liable under it until it has been executed both by the Successful Proposer and by the District.

8. Financial Interest, Fraud, and Collusion

A Proposer filing a Proposal thereby certifies that, with regard to this RFP, no officer, agent, or employee of the District who has a pecuniary interest in this RFP or Proposal has participated in the Contract negotiations on the part of the District, and that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other Proposer to this RFP. Further, the Proposer certifies that with regard to this RFP, the Proposer is competing solely on the Proposer's own behalf without connection with, or obligation to, any undisclosed individual, partnership, company, or Limited Liability Entity.

9. Duration of Offer

Proposal prices and Provisions shall remain firm for ninety (90) calendar days after the Submission Deadline indicated above. The Successful Proposer shall not alter the terms or price of their Proposal if said Proposal is accepted within ninety (90) days of the Submission Deadline indicated above. Price increases or changes in terms by others after the acceptance will not be considered. An Award of the Contract to any Proposer shall not constitute a rejection of any other Proposal and the District will remain free to accept other Proposals.

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10. Risk of Loss and Damage

The Proposer will be liable for all damages arising out of the Proposer's negligence or fault in connection with this RFP.

The District will not be responsible for the loss or damage of any items during the RFP process, unless negligence on the part of the District has been established in a court of law.

11. Publicity

News releases by any Proposer pertaining to this RFP or any Award of the Contract or other issue resulting from or related to it will be made only with prior written approval from the Issuing Office and Community Relations Department of the District.

12. Reservations

The District expressly reserves the following rights:

A. To reject all Proposals.

B. To reject any Proposal not in compliance with all prescribed public bidding procedures and requirements.

C. To reject any Proposal not meeting any Provisions set forth herein.

D. To waive any or all irregularities in Proposals submitted.

E. To award any or all items or services contained in the Proposal.

F. To award to more than one Proposer

G. To consider the competency and responsibility of Proposers in making any Award of the Contract.

H. To re-award the Contract to another Proposer in the event any Proposer who is chosen by the District as the Successful Proposer defaults in executing said formal Contract within the time and in the manner specified in the RFP documents.

I. To obtain clarification of any point in a Proposer's Proposal. The failure of a Proposer to make additional information available could result in the rejection of the Proposal. In addition, Proposers must be prepared to make presentations about their products and/or services at the District.

J. To obtain Proposals from other Proposers for specific jobs.

13. Ownership of Proposal Documents

All Proposals developed specifically for the District shall be the property of the District and all title and interest therein shall vest to the District. All Proposers, at their own expense, may and should retain a copy of their Proposal.

14. Sufficient Information

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A. All Proposers represent and warrant that by responding to this RFP they have been sufficiently informed in all matters relating to the performance of duties required by this RFP and its attachments. Prior to submitting a Proposal, all Proposers shall make a careful examination of the RFP Provisions, including but not limited to terms and conditions, including any specifications.

Failure to take these precautions will not release the Successful Proposer from performing the work in strict accordance with the terms of the Contract.

B. Proposers are welcome and encouraged to make visits during the normal operating hours of the various facilities listed in this RFP. Prior arrangements may be made with the person listed as the Contact on the front page of the RFP.

C. The District will not be responsible for any loss or for any unanticipated costs that may be suffered by the Successful Proposer as a result of the Proposer's failure to fully inform themselves in advance in regard to all conditions pertaining to the duties required. No statement made by any officer, agent, or employee of the District will be binding on the District.

D. Additionally, Proposers warrant that they have checked their Proposal for errors and omissions and that the prices stated in the Proposal are correct and as intended and are a complete and correct statement of prices for performing the duties specified herein.

15. Separate Contracts

The District reserves the right to enter into other contracts in connection with this RFP. The Contractor shall afford those other contractors reasonable opportunity for the introduction and execution of their work, and shall properly coordinate all work efforts.

16. Headings

The Headings in this RFP and all attached documents are for convenience only and do not establish any other meaning or interpretation.

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IV - AWARD PROCESS

1. Selection/Award Process

a. Evaluation Committee. A committee consisting of District staff will evaluate the Proposals.

Each member will evaluate all aspects of a proposed approach via a scoring system designed to be of internal assistance to the members of the evaluation team. Each Proposal will be scored based on the criteria and points listed herein. A possible «Enter #»points may be accumulated.

b. Initial Scoring. Each of the evaluators shall independently assign a score to each of the written Proposals. Criteria scores will then be summed. The highest scoring Proposals will be identified and those Proposers may be invited to an oral evaluation with the evaluation committee.

Proposers eliminated from consideration at this level of evaluation will be notified and may protest elimination in accordance with _____.

c. Oral Evaluation. If it is determined to be in the best interest of the District, an oral evaluation will be scheduled at a time convenient for both parties. If a Proposer is unable to participate in an oral evaluation, the District reserves the right to remove that Proposer from consideration.

d. Final Scoring. The oral interview will also be scored and evaluated. After the oral interview, scores from the written Proposal and oral interview will be summed, resulting in a final score.

The award recommendation will be given to the Proposal having the highest final scores.

2. Criteria/Method of Award

a. Criteria. The specific criteria which will be used to determine how the best responsive, responsible Proposer will be selected, including the Site Proposal Form, if applicable, is as follows:

CRITERIA MAXIMUM POINTS

Basic Requirements 5

References/Prior Work/Financial Documents 10 Leased Dark Fiber or High Capacity Ethernet Requirements 30

Pricing 35 Service Level Agreement, Recovery Time Objective, Build Out 20

TOTAL 100

b. The Contract resulting from this Proposal may be awarded on an "all-or-none" basis. All required items must be offered in a Proposal in order for a Proposal to be considered. A Contract will not be awarded for specific items separately.

c. The Contract will be awarded to the highest ranking Proposer under the foregoing criteria.

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3. Notice of Intent to Award

a. The District will provide written notice of its Intent to Award to all Proposers at least seven (7) days before the Award of a Contract.

The District’s Award will not be final until the later of either:

● the expiration of the Award Protest period January 17, 2022, 2:00PM PST or,

● the District provides written decisions to all timely-filed protests denying the protests and affirming the Award.

b. The apparent Successful Proposer will be notified in writing of its apparent winning proposal, and a contract will be drawn that will include reference to this RFP, its attachments and addenda, the Proposer's proposal, and any additional contract language that may be required by District or by law. All other Proposers will be notified that the apparent winning proposal has been selected.

4. Award Protest

a. An adversely affected Proposer may protest the Notice of Intent to Award the Contract for any and all contracts solicited under ORS 279B.055, 279B.060, and 279B.085 if the Proposer can demonstrate that it would be eligible to be awarded the public contract in the event the protest were successful. Before seeking judicial review of an Award of the Contract, an adversely affected Proposer must file a written protest with the District and exhaust all administrative remedies.

b. Right to Protest Award: In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must itself claim to be eligible for Award of the Contract in the event the Protest were successful and must be next in line for the Award. In addition, the adversely affected Proposer must demonstrate that the reason for the Protest is that:

(i) all higher-ranked Proposers are ineligible for Award of the Contract because their Proposals were non-responsive;

(ii) the District has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in this RFP;

(iii) the District has abused its discretion in rejecting the Protesting Proposer's proposal as nonresponsive; or

(iv) the District's evaluation of the proposals or its subsequent determination of award is otherwise in violation of ORS Chapter 279A or 279B. In addition, the written protest shall specify the grounds upon which the protest is based and suggested changes that may remedy the defects. An issue that could have been addressed pursuant to an inquiry or request for clarification under Section 2.5 or a protest of the RFP under Section 2.6 shall not be grounds for protest of award.

c. Award Protest Submission Requirements. To be considered, Proposer's written Award Protest may be submitted via fax but the protest must be sent to the Issuing office marked as follows: RFP Award Protest / RFP for Leased Fiber Transport.

d. Time Limitation on Protest: To be considered by the District, a written protest must be received by the District within seven (7) days after issuance of the Notice of Intent to Award Contract.

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e. Authority to Resolve Protests: The Superintendent of the District, or such person's designee, shall have the authority to settle or resolve a written protest submitted in accordance with the requirements of this Section 4.5.

f. Decision: If the protest is not settled or resolved by mutual agreement, the Superintendent of the District, or such person's designee, shall issue a written decision on the protest in a timely manner.

g. After the District has issued its response, Proposer may seek judicial review in the manner provided in ORS 279B.415.

h. Right to Cancel RFP. The District reserves the right to cancel the RFP in conformance with OAR 137-047-0600

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V – EVALUATION RESPONSE CRITERIA

To provide a uniform basis for evaluation, all Proposals received shall contain the specific information requested below. Responses shall be presented by category as listed, and in the same order.

- Font size 12

- Not to exceed 15 pages of written material (excluding biographies, resumes and brochures, which may be included in an appendix)

- No binders

- Provide one (1) original and six (6) copies.

The use of sustainable/recycled materials in the Proposal response is encouraged and appreciated.

The points shown for each category – 100 points total (See Appendix A – Scope of Work)

a. Divide the proposal into the below sections. Address each individual requirement.

i. Basic Requirements (5%)

1. Address Section 1.Scope, b., i. through iv.

ii. References / Prior Work / Financial Documentation (10%)

1. Address Section 1.Scope, b., v.

iii. Dark Fiber or Metro Ethernet Requirements (30%)

1. Address Section 2.Dark Fiber Network Services (all) OR

2. Address Section 3.Metro Ethernet Services (all)

iv. Pricing (35%)

1. Address Section 1.Scope, b., vi

2. Address Section 1.Scope b., vii

3. Address Section 1.Scope b., viii (1, 2)

4. Address Section 1.Scope b., ix

v. Service Level Agreement, Recovery Time Objective, Build Out (20%)

1. Address Section 1.Scope b., viii. (3, 4)

2. Address Section 1.Scope b., x

3. Address Section 1.Scope b., xi

4. Address Section 4

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Appendix A – Scope of Work

E-Rate Form 470 Request for Proposals for the provision of Leased Fiber Transport

Issued by Tigard-Tualatin School District

The purpose of this Request for Proposals (Solicitation) is to obtain competitive offers from qualified Firms (Proposers) interested in the provision of for Leased Dark Fiber or high capacity Metro Ethernet between the following locations:

Hibbard Administration Building 6960 SW Sandburg St Tigard, OR 97223

NWRESD

5825 NE Ray Circle

Hillsboro, OR 97124

Each fiber connection will be evaluated individually and as a whole to determine best configuration and pricing. Each connection may be awarded or not awarded individually.

1. SCOPE.

a. The Agency is requesting proposals from contractors able to provide dark fiber or high capacity point-to-point ethernet services.

b. Requirements:

i. i. Service Provider Identification Number (SPIN) and FCC Registration Number

(FCCRN)

ii. The proposer shall provide a valid SPIN number (Service Provider Identification Number), in the proposal submitted in response to this RFP or support a copy of its FCC Form 498 that has already been submitted to USAC. (See http://www.universalservice.org/fund-administration/forms/ for more information.)

iii. For proposers that intend to provide telecommunications services (as opposed to solely proposing to provide equipment, monitoring/management services, or configuration/implementation services), the proposer must be recognized by USAC as a telecommunications common carrier. The proposer also shall provide the company's FCC Registration Number in its proposal. For more information, please visit: https://fjallfoss.fcc.gov/coresWeb/publicHome.do.

iv. Each proposer also must certify that it is in good standing and not subject to "Red Light Status" with the FCC

v. Responders must demonstrate the capacity to meet the network build requirements through client references, prior work and financial documentation.

vi. Proposals must include pricing for the following contract lengths:

1. Five year with one-year extension.

2. 10 years with one-year extension.

vii. Proposals must include:

1. Non-recurring installation costs.

2. Itemized list of taxes, maintenance, support, and any other recurring fees that are not included in the quoted price of the circuit, or fiber lease.

3. Service Level Agreement.

https://fjallfoss.fcc.gov/coresWeb/publicHome.do

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4. Build Out Schedule.

viii. Ethernet Circuit capacities must be priced as a minimum of 10Gbps up to 100Gbps in

10Gbps increments.

ix. A detailed description of the penalties vendor is willing to provide for non-performance and/or violations of Service Level Agreement.

3. Dark Fiber Network Services

a. Service Providers shall provide a minimum of 2 strands (one pair) of fiber.

b. Service Providers shall provide a fiber path route maps detailing the cable routes for the proposed fiber links.

c. Fiber/Cable Type

i. Preference for non-dispersion compensated fibers consistently throughout the network.

ii. Service Providers must identify the fiber type they use in their response and provide specifications for the fiber and cable.

iii. The Agency anticipates lighting the Service Provider’s fiber with 10GBASE G.694.1 100Ghz DWDM optical modules with LC connectors.

iv. The fiber connectors and adapters shall be compliant with TIA/EIA 604

v. The fiber connectors shall have an average insertion loss of 0.3 dB or less. Service

Providers should provide datasheets for the proposed SC fiber optic connectors and adapters.

d. Link Loss Budget

i. The link loss for any dark fiber link should not exceed 14 dB as measured using a double - ended loss test at 1310 nm

ii. Service Providers must identify in their proposal any links where the estimated link loss is expected to exceed 14 dB. The estimated link loss shall be indicated for any exception.

e. Inside Building Cable Routing

i. Intra-building cable routing shall be performed in accordance with all applicable local building codes. When required, the Service Provider must plan a splice point at the building entrance to transition from outdoor cable to indoor cable, or enclose the outdoor cable in metallic conduit or covered metal raceway.

f. Cable Slack for Repair or Relocation

i. A small amount of slack cable (15 - 20 feet) shall be neatly stored in each MDF in the event that a cable repair or relocation is required.

g. Site Make Ready Work

i. Any trenching and conduit placement from the street to the building entrance point must include all necessary pavement and ground repair . All pavement and other grounds must be returned to its original condition. All installation of cabling, pathways, etc shall be to BICSI specification and the design specifications of The Agency.

h. Fiber Testing

i. Insertion loss testing measuring end-to-end attenuation (including all fiber, splices, and connectors) shall be conducted on all the fiber links. Insertion loss testing shall be done in both directions at the operating wavelengths of 1310 nm and 1550 nm.

The double-ended loss test methodology shall be used.

ii. The Service Provider shall record all optical power measurements to the nearest tenth of a unit of measure (to one significant digit in the decimal place, i.e., -14.3 dB).

iii. Test results must be permanently recorded and presented in both hard copy and computer-readable format to The Agency for review. Any fiber link failing to meet the Link Loss Budget standards will be repaired or removed and replaced at no cost to The Agency with an installation that proves through testing to meet the standards.

iv. The Fiber Network will not be accepted until all fibers meet the appropriate standards.

v. The Service Provider is required to provide documentation of their fiber testing procedures, including referencing procedures for fiber optic testing, prior to testing.

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This document must list equipment to be used (manufacturer and model number) and the date when it was last calibrated. All test equipment used will have been factory calibrated (or by an approved calibration service provider) within the past two years

4. Metro Ethernet Services

a. Transport Internet Protocol (IP) data packets to and from a specified Ethernet interconnection point at each physical address for which service is contracted. Other communications protocols may be used to transport data packets; however, IP over Ethernet is required at the user and network interfaces.

b. Following the Open Systems Interconnection (OSI) model: Layer two interfaces will be Ethernet, preferably meeting Metro Ethernet standards such as VPWS, VPLS, IEEE 802.1ad (QinQ), IEEE 802.1ah (MAC in MAC), and IEEE 802.1Qay (PBB-TE).

c. Preferred layer one hand-off is 10BASE-SR, 10BASE-LR, or 10BASE-LRM. Vendor must support IEEE 802.3ad link aggregation control protocol (LACP)

d. Transport services must be available with at least 99.99 percent reliability. Even though the “tail-circuit” into the end-user facility need not be redundant, Agency will give preference to vendors with geographic route-diversity from the community in which the end-user facility is located to the exchange facility.

e. The transport network shall proactively be monitored, including all associated equipment using traditional network management systems found in a Network Operations Center (NOC). Network service operations shall be 24x7x365. The Customer must have basic up/down status and bandwidth utilization monitoring capabilities of the WAN Core backbone and each WAN Hub circuit.

f. The data access and transport provider must be willing to agree to Service Level Agreements (SLAs) with financial penalties for service outages, lack of availability of the contracted service capacity and any failure to meet quality of service specifications for transit delay, jitter and packet loss.

g. Proposals must list underlying physical transport technologies that will be used in providing the proposed services.

5. Access and Transport Requirements

a. Proposers must agree to work with The Agency’s network staff to provide and receive network telemetry data necessary to resolve any network quality problems that occur.

6. Proposal Format

a. Divide the proposal into the below sections. Address each individual requirement.

i. Basic…