RFP R25268 Internet Services.pdf

LOUDOUN COUNTY PUBLIC SCHOOLS

DEPARTMENT OF BUSINESS & FINANCIAL SERVICES

PROCUREMENT AND RISK MANAGEMENT SERVICES

21000 Education Court, Suite #301 Ashburn, VA 20148

Phone (571) 252-1270 Fax (571) 252-1432

REQUEST FOR PROPOSAL (RFP)

RFP #: R25268

Title: Internet Services

Issue Date: November 19, 2024

Procurement Specialist: Hind Zegoud Procurement Supervisor

Commodity Code: IT services

Initial Period of Contract: July 1, 2025, to June 30, 2030 with five (5) additional one (1) year renewal options.

Sealed proposals shall be received until: January 10, 2024 at 2:00 PM (Eastern Time) for furnishing the goods/services described herein.

All Inquiries for Information Should Be Provided Under the “Questions” Section in the LCPS Electronic Bidding System.

The proposal submission is required by the required deadline.

In compliance with this Request for Proposal (RFP) and all conditions imposed in this RFP, the undersigned, having become thoroughly familiar with the terms and conditions of this document and with the local conditions which may affect performance and costs, hereby proposes and agrees to furnish all services, labor and/or materials hereinafter specified, and to fulfill the intent of this agreement in accordance with this document as interpreted by Loudoun County School Board. The undersigned firm hereby certifies that all information provided in any schedule attached hereto is true, correct, and complete.

SOLICITATION INCLUDES:

● GENERAL SPECIFICATIONS

● STATEMENT OF NEEDS

● TERMS AND CONDITIONS

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an Offeror because of race, color, national origin, religion, sex, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, marital status, disability, age, or genetic information or any other basis prohibited by state or federal law relating to discrimination in employment.

NOTE:

RESPONSES TO THIS RFP MUST BE SUBMITTED ELECTRONICALLY THROUGH THE

LCPS ELECTRONIC BIDDING SYSTEM.

Loudoun County Public Schools RFP# R25268 Internet Services

TABLE OF CONTENTS

GENERAL SPECIFICATIONS

1. PURPOSE

2. BACKGROUND

3. SUBMISSION OF PROPOSALS

4. CONTRACT PERIOD

5. AWARD OF CONTRACT

6. CONTRACTOR PERFORMANCE

7. SMALL, WOMEN-OWNED, MINORITY-OWNED, AND SERVICE-DISABLED

VETERAN-OWNED BUSINESSES

8. STATEMENT OF NEEDS

9. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

10. EVALUATION PROCESS

11. SELECTION CRITERIA

12. CONTRACT ADMINISTRATION

13. REPORTING AND DELIVERY REQUIREMENTS

14. PRICING SCHEDULE

15. INSURANCE REQUIREMENTS

16. VA SCC COMPLIANCE:

17. CONTRACTOR CERTIFICATION

18. THE AMERICANS WITH DISABILITIES ACT

TERMS & CONDITIONS

EXHIBIT 1: VENDOR DATA SHEET

EXHIBIT 2: PROPRIETARY CONFIDENTIAL INFORMATION IDENTIFICATION

RFP# R25268 Internet Services

GENERAL SPECIFICATIONS

1. PURPOSE

The intent and purpose of this Request for Proposals (RFP) is to establish a multiple term contract through competitive negotiations with qualified source(s) to provide Internet Services to Loudoun County School Board, doing business as Loudoun County Public Schools (hereinafter “LCPS”).

2. BACKGROUND

LCPS is the third largest school division in the Commonwealth of Virginia. Established in 1870, LCPS is located in the rapidly growing Washington metro-area.

Loudoun County Public Schools (LCPS) is organized to focus on empowering all 83,038 students to make meaningful contributions to the world, while managing 100 schools and nine educational support buildings. It is a rapidly growing, dynamic, well managed and efficient organization.

3. SUBMISSION OF PROPOSALS

3.1 Each Offeror shall respond to this solicitation using the LCPS Electronic Bidding System by January 10, 2024, at 2:00 pm (ET). Different forms of the proposal will NOT be accepted. NO FAXED, MAILED OR

E-MAILED PROPOSALS WILL BE ACCEPTED.

3.2 A ‘How-To Guide’ for step-by-step instructions on how to respond to this solicitation can be found on the login page of the LCPS Electronic Bidding System via the following link: LCPS Electronic Bidding System.

3.3 After your successful submission, the system will display ‘Response Submitted’ followed by the date and time stamp in the ‘Response Status’ field. It is the sole responsibility of the Offeror to ensure that their offer is submitted by the designated date and time stated. An incomplete submission will NOT be considered.

3.4 The digital signature must be signed by a person authorized to represent and bind the Offeror’s company.

3.5 Requests for additional information or clarification of specifications must be sent via the LCPS Electronic Bidding System under the “Questions” tab. Requests for information must be received before the question cutoff date and time posted under the “Event Details” tab. Any material interpretation made to prospective Offerors will be expressed in the form of a written response or addendum to the solicitation which shall be posted on the LCPS Electronic Bidding System. It shall be the Offeror’s responsibility to monitor the website for changes. The addenda will be posted no later than three days before the opening date. Oral answers shall not be authoritative or provide any basis for reliance by an Offeror. Offerors shall acknowledge receipt of any addenda with their proposal.

3.6 Offeror will receive a system generated email notification if an addendum has been issued.

3.7 Upon award, the solicitation in its entirety including any forms, vendor response, and addenda shall be part of the contract package.

4. CONTRACT PERIOD

4.1 The initial period of the contract will be from July 1, 2025, to June 30, 2030.

4.2 The Loudoun County School Board reserves the option to renew the award of the contract for five (5) one-year options. Loudoun County Public Schools and the Contractor must mutually agree on the renewal of the contract. The renewal of the contract will be based on price, service capability, product availability and appropriation of funds.

4.3 Upon mutual agreement with the Contractor, LCPS may exercise the option to extend this contract for a period not to exceed one (1) additional contract year beyond the renewals provided in the original contract.

Any modification to the original contract will be issued in the form of a contract modification signed by the Purchasing Agent and the Contractor.

https://lcpscm.ionwave.net/Login.aspx https://lcpscm.ionwave.net/Login.aspx

RFP# R25268 Internet Services

5. AWARD OF CONTRACT

5.1 The award, if any, will be made to the responsive and responsible Offeror(s) that meets or exceeds the specifications and conditions of the request for proposals, that offers the best value, and is determined to be to the best advantage to LCPS.

5.2 LCPS reserves the right to reject any or all proposals received and to waive technicalities in any proposal.

5.3 LCPS reserves the right to award the proposal in total, by item, or by group of related items.

5.4 LCPS reserves the right to make multiple awards as a result of this solicitation.

6. CONTRACTOR PERFORMANCE

6.1 If the Contractor fails to either perform within the time specified, or within a reasonable time, or fails to perform satisfactorily in accordance with the specifications, Loudoun County Public Schools may take appropriate action to satisfy the contract. Any cost incurred in excess of the contract amount may be back charged to the original Contractor. Should the difference be less, the original Contractor shall have no claim to the difference. Additionally, the original Contractor may be prohibited from submitting an offer for a period of one year.

6.2 Offerors agree that the pricing offered in response to the RFP is equal to or less than prices offered on other contracts with similar terms and conditions.

6.3 Unit prices must remain firm for the duration of the contract.

7. SMALL, WOMEN-OWNED, MINORITY-OWNED, AND SERVICE-DISABLED VETERAN-OWNED

BUSINESSES

It is the intent of LCPS to undertake every reasonable effort to facilitate the participation of small businesses;

businesses owned by woman, minorities, and service disabled veterans; in all aspects of procurement to the maximum extent feasible. LCPS shall rely on the accuracy of the certified vendors listed on the Virginia Department of Small Business and Supplier Diversity (DSBSD) Directory.

8. STATEMENT OF NEEDS

8.1 General Requirement: The Contractor shall provide Internet Access Services to LCPS.

It is anticipated that some or all of the costs associated with this proposal shall be eligible for the E-Rate discount under the Federal Communications Commission (FCC) Universal Service Provision (FCC 97‐ 157); therefore, the selected Offeror must understand and comply with all FCC rules and regulations relative to E‐Rate. The selected Offeror must also have a valid 498 ID (Service Provider Identification Number – SPIN).

8.2 Specific Requirements: Internet Access for a variety of speeds, including, but not limited to, 100 Gbps and 200 Gbps. Offerors are encouraged to provide additional tiered pricing schedules in addition to the two required speeds. These additional speeds may include 120 Gbps, 150 Gbps, 180 Gbps, etc. Internet Access must be symmetrical (equal download and upload speeds). One (1) “Class C” CIDR block of public IP addresses (1.2.3.4/24 for example), allowing for 255 public IP addresses. Additional CIDR block pricing may also be included but will not be considered in the evaluation of proposals. Internet Access must be provided at the current existing LCPS co-location data center, QTS Ashburn-Moran: 44874 Moran Road, Sterling, Virginia 20166. All offers for service must offer direct Internet Access from our QTS location, or will be considered non-responsive. Offeror should include historical uptime data for similar customers and an Service Level Agreement (SLA) that outlines expected uptime and credits for when uptime minimums are not met. Offeror should also describe how scheduled and unscheduled maintenance is handled and communicated to the customer.

8.3 Additional Offerings: Additional options may also be provided. These options can include, but are not limited to: DDOS protection services, IP Address portability (LCPS to own public IPs, even if no longer a customer for Internet Access, Cloud Provider direct connections (AWS, OCI, GCP, Azure, etc.).

9. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

9.1 General Instructions

RFP# R25268 Internet Services

A. Proposal Preparation:

1) Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in LCPS requiring prompt submissions of missing information and/or giving a lowered evaluation of the proposal.

Proposals which are substantially incomplete or lack key information may be rejected by Procurement Services. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

2) Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

3) Proposals should be organized in the order in which the requirements are presented in the RFP.

All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at the appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

4) As used in this RFP, the terms “must”, “shall”, “should” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful but are not necessary. Depending on the overall response to the RFP, some individual “must” and “shall” items may not be fully satisfied, but it is the intent to satisfy most, if not all, “must” and “shall” requirements. The inability of an Offeror to satisfy a “must” or “shall” requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offeror’s proposal.

5) Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

6) Ownership of all data, materials and documentation originated and prepared for LCPS pursuant to the RFP shall belong exclusively to LCPS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protection of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret materials submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information.

B. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to LCPS. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. LCPS will schedule the time and location of these presentations. Oral presentations are an option of the School System and may or may not be conducted.

9.2 Specific Proposal Instructions

Proposals should be as thorough and detailed as possible so that LCPS may properly evaluate the Offeror’s capabilities to provide the required service. Offerors are required to submit the following items as a

RFP# R25268 Internet Services complete proposal to avoid submitting complete copies of the entire solicitation. This will help speed up the review process.

RFP Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. Should the proposal contain proprietary information, provide one (1) redacted copy with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy”.

The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. LCPS shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy.

Section 1:

A. Executive Summary:

One or two page executive summary of the proposal, including brief descriptions of the Contractor’s expertise and experience dealing with a contract the size and scope of LCPS service operations and plan to address the Schools’ priorities.

B. Specific Approach for providing Service:

The Offeror must submit a written statement indicating the Offeror's understanding of LCPS’s requirements for Internet Access as outlined in this RFP; and the Offeror's plan of operation in meeting these requirements. This written narrative must be sufficient in detail to permit evaluation by LCPS. It should include, but is not limited to, the following:

1) Proposed program plan including an innovative approach the Offeror may have to provide services and a staffing plan in order to achieve LCPS’s goal.

2) Narrative description of the services, programs, etc., offered to meet the requirements and objectives stated in the RFP. The Offeror shall provide samples of all invoices, notices, and reports offered in their proposal.

3) Length of time required from date of contract award to commencement of work with a contract implementation and transition plan in place and adequate and trained personnel on staff and ready for operation.

C. Experience/References:

The Offeror shall provide at least three (3) contract references (K-12 experience is preferred) for itself and any major subcontractor, to enable LCPS Administration to assess the quality of the Offeror’s past performance. The referenced contracts shall be similar in scope, magnitude and complexity to that contemplated in this RFP. (Use the attached Vendor Data Sheet).

Section2: Capability and Skill

The Offeror shall provide a description of qualifications and skills of the organization and personnel that shall be responsible for performance of the service in accordance with the statement of needs in this RFP.

Such description shall, at a minimum, include:

1) Background information about the organization, e.g., philosophy, ownership, officers, and directors.

2) Offeror's qualifications to perform the service to include the ability to handle contract during peak demands.

3) Names, qualifications, and experience of key employees who will be associated with performing the services.

4) The Offeror's management structure, e.g. organization chart of the firm, proposed staffing for this contract, etc.

5) Description of financial stability and other resources that most adequately ensure delivery of acceptable services to the Schools. Offeror shall indicate the type of organization they represent, e.g., individual, partnership, or corporation. If the Offeror represents a corporation or partnership, the names of President, Vice President, Secretary, Treasurer, and all principles or partners shall be listed. The

RFP# R25268 Internet Services

Offeror shall include a copy of the Offeror's most recent financial statement audited by an outside CPA firm.

6) Staffing/Personnel

i. Provide proposed organization chart, staffing plan, and reporting structure for this contract.

ii. Describe Offeror’s:

● Personnel policies

● Hiring policies. Include Offeror’s required qualifications for the Manager for this contract.

● Describe educational and training programs.

● Describe corporate support services and regional management support.

● Resumes of key employees who will be assigned to LCPS.

Section 3: LCPS Required Documents (to be completed)

1) Exhibit 1: Points of Contact form

2) Exhibit 2: Vendor Data Sheet

3) Exhibit 3: Proprietary Confidential Information Identification

4) Exhibit 4: Pricing Schedule (Reference Section 4 below)

5) Certificate of Insurance

6) W9

Section4: Proposed Pricing

The Offeror shall provide a proposed pricing schedule, attached to this RFP, to include all costs.

Section 5: Additional Information

Provide LCPS with other information that may be pertinent.

10. EVALUATION PROCESS

10.1 A Proposal Analysis Group (PAG) has been established to review and evaluate all proposals submitted in response to this Request for Proposal. The Group shall conduct a preliminary evaluation of all proposals based on the information provided with the technical and cost proposals, and the evaluation criteria listed below. Based upon this review, the highest rated Offeror(s) may then be invited to make oral presentations.

10.2 If additional information is requested, Offeror must respond within 48 hours.

10.3 No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Proposal Analysis Group or any person involved in the evaluation of the proposals. PAG members will refer all calls related to this solicitation to Procurement Services. Failure to comply with this directive may, at the sole discretion of LCPS, result in the disqualification of an Offeror from the procurement process.

10.4 Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals based on the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the Offerors so selected.

Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, LCPS shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s).

10.5 LCPS may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should LCPS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

RFP# R25268 Internet Services

10.6 Acceptance or Rejection: LCPS reserves the right to accept or reject any or all proposals, in whole or in part, to take exception to any RFP specifications, to make an award based solely on the proposals received or to negotiate further with one or more offers. Failure to comply with the RFP by an Offeror may be grounds for the exclusion of such Offeror from further consideration by LCPS. Selection: The selection by LCPS of any proposal as ultimately negotiated will be at the School System’s entire discretion, which discretion shall extend to purely subjective considerations solely exercisable by the School System without regard to a claimed lowest cost by any proposed vendor. LCPS is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2- 4359D).

11. SELECTION CRITERIA

Proposals will be evaluated by LCPS using the following criteria.

Evaluation Criteria Max Points

1. Costs of E-Rate Eligible Services Offered Pricing must be submitted on RFP pricing form only as required in section 4 above.

2. Capability & Skills The range of factors influencing the delivery of services, such as the capability, integrity and reliability of the Offeror, financial stability, operating history, ability to start immediately and sustain services, etc. The Offeror’s capabilities from resiliency, uptime, and infrastructure to ensure high levels of uptime and availability. How the Offeror sets up SLAs and communicates maintenance, both scheduled and unscheduled.

3. References / Experience Using the form included in this RFP, clients for whom comparable service has been performed.

Experience and history of the firm in the particular disciplines covered by the RFP, as well as credentials of the project team and experience in providing similar services.

4. Additional Offerings The suitability of the optional offerings. 10

Total 100

12. CONTRACT ADMINISTRATION

Contract Administrator: Upon award of the contract, LCPS will appoint a Contract Administrator. The responsibility and function of the Contract Administrator shall be to interpret all the terms and conditions of the contract, evaluating the performance of the Contractor, and using all powers under the contract to enforce its faithful performance. The Contract Administrator will determine the amount, quality, acceptability, and fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator will not have the authority to approve changes in services or any change in this contract’s financial arrangements.

During the contract period, any related services can be negotiated and added to the contract by issuing a contract modification between both parties signed by the Purchasing Agent and the Contractor.

13. REPORTING AND DELIVERY REQUIREMENTS

LCPS will designate and/or assign a Project Manager (Liaison) who will be the central point of contact for the Contractor. The assigned Project Manager (Liaison) shall represent the School through-out the contract period.

The Project Manager shall on an as needed basis schedule meetings, measure progress, and receive all deliverables.

RFP# R25268 Internet Services

A. The Contractor shall participate in a start-up meeting at LCPS with the school assigned management team to define parameters.

B. The Contractors shall provide progress reports as required to LCPS’ management team indicating current status of the project.

C. Reports shall state specific accomplishments achieved during the reporting period and if applicable confirm or revise projected completion dates for additional assigned tasks.

D. The Project Management Team will require the Contractor to make oral informational presentations to persons within the organization, as necessary, and for all related assigned projects.

E. All work shall be completed, and final report delivered to LCPS prior to payment of assigned project or task F. “For your information” report: This would be any information not mentioned above which might be important or on a “need to know” basis, such as certain “incidents” which were addressed, or a sudden “turn over” with staffing and “replacement” plan due to “dismissals”. Any other necessary “need to know” information or concerns.

Failure to comply with all reporting requirements may result in default of the Contract. The Contractor(s) is encouraged to communicate with the LCPS Project Manager periodically for updates on reporting.

14. PRICING SCHEDULE

The Offeror shall provide a proposed pricing schedule to include all costs. Provide a firm fixed price with a line item budget that, at a minimum, provides labor categories, description of type of work performed by each labor category and hourly pricing per labor category, travel, supplies, and other expenses. If subcontractors or independent consultants are used, their costs must be broken out, in detail, as such included in the total cost for providing services described herein. Offerors shall submit a Cost Proposal using the Pricing Schedules, provided with the RFP.

15. INSURANCE REQUIREMENTS

15.1 The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

15.2 The Contractor shall, during the continuance of all work under the contract maintain the following insurance:

a. Workers' Compensation and Employer's Liability insurance limits of not less than $100,000 to protect the contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

b. Commercial General Liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate including contractual liability, personal and advertising injury, and products and completed operations coverage. Completed operations liability endorsement shall continue in force for three years following completion of the contract.

c. Business insurance, in the amount of $1,000,000 combined single limit.

d. Professional Liability/Errors and Omissions coverage responding to Publishing Contractor’s or distributor’s errors, wrongful acts or omissions in the amount of $1,000,000 per claim and in the aggregate.

e. Cyber/Information Technology insurance in the amount of $1,000,000 per claim, including coverage for costs of 3rd party notification, credit monitoring, and fraud protection.

Loudoun County Public Schools, School Board, its officers and employees shall be named as an "additional insured" on the General Liability policy and it shall be stated on the Insurance Certificate that this coverage "is primary to all other coverage LCPS may possess”.

Additional Requirements

RFP# R25268 Internet Services

a. The Contractor agrees to provide insurance issued by companies admitted within the Commonwealth of Virginia, with the Best’s Key Rating of at least A:VI.

b. The contractor will provide an original, signed Certificate of Insurance (COI) citing the contract number and such endorsements as prescribed herein.

c. The contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to LCPS on demand.

d. The contractor will provide certified copies of all insurance policies related to the contract within ten business days of demand by LCPS. These certified copies will be sent to LCPS from the contractor's insurance agent or representative.

1. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 45-day written notice to LCPS. The contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished.

2. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the contractor and all subcontractors of their liabilities for provisions of the contract.

3. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the LCPS. The Contractor shall be as fully responsible to the LCPS for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it.

4. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

5. The Contractor and all subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-596, as it may apply to this Contract.

6. Liability Insurance "Claims Made" basis:

If the liability insurance purchased by the contractor has been issued on a "claims made" basis, the contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same. The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the Contractor's or sub-contractor's work under this contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

16. VA SCC COMPLIANCE:

Effective July 1, 2010, the Code of Virginia was amended to require that an Offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, as amended or otherwise required by law, shall include in its offer the Identification Number issued to such Offeror by the Virginia State Corporation Commission (SCC).

Furthermore, any Offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, shall include in its proposal a statement describing why the Offeror is not required to be so authorized.

An Attribute verifying compliance with this Virginia State Corporation Commission regulation must be submitted with the proposal. Refer to the ‘Attributes Section’ of the LCPS Electronic Bidding System to select the following options:

A. Offeror is a corporation or other business entity with a Virginia SCC identification number.

If Supplier chooses option A from the dropdown in the above attribute ‘VA SCC Compliance’ then the Offeror needs to enter in the provided text field their VA SCC member number.

RFP# R25268 Internet Services

B. Offeror is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

C. Offeror is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Offeror’s out-of-state location).

D. Offeror is an out-of-state entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

E. Check this box if you have not completed any of the foregoing options but currently have pending before the VA SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (LCPS reserves the right to determine in its sole discretion whether to allow such waiver). Provide proof of application.

For more information on this requirement, Vendors should consult with their attorney and/or contact the Virginia State Corporation Commission at (804) 371-9967; or email at sccinfo@scc.virginia.gov. Their website is:

www.scc.virginia.gov/index.aspx .

17. CONTRACTOR CERTIFICATION

17.1 As required by section 22.1-296 of the Code of Virginia, the Offeror hereby certifies that none of the persons who will provide services requiring direct contact with students on school property during school hours or during any school activities shall:

● have been convicted of any violent felony as set forth in the definition of barrier crime in subsection A of §19.2-392.02, or

● any offense involving the sexual molestation, or physical or sexual abuse, or rape of a child, or the solicitation of any such offense; or

● have been convicted of any crime of moral turpitude.

17.2 Verification of compliance must be submitted with the proposal response. Refer to the ‘Attributes

Section’ of the LCPS Electronic Bidding System.

17.3 If you have any questions concerning this law and its requirements on School Boards in Virginia, please feel free to contact Ms. Andrea Philyaw at 571-252-1270 or andrea.philyaw@lcps.org.

18. THE AMERICANS WITH DISABILITIES ACT

IF, DUE TO A DISABILITY, YOU NEED ASSISTANCE TO ENABLE YOU TO PARTICIPATE

MEANINGFULLY IN THE PROCUREMENT PROCESS, PLEASE CONTACT THE DIRECTOR OF

PROCUREMENT AND RISK MANAGEMENT AT 571-252-1270 AT LEAST FIVE (5) WORKING

DAYS PRIOR TO THE PROPOSAL DUE DATE.

mailto:sccinfo@scc.virginia.gov http://www.scc.virginia.gov/index.aspx mailto:andrea.philyaw@lcps.org

TERMS & CONDITIONS

A. GENERAL TERMS AND CONDITIONS

APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to any choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. LCPS and the Contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). The Contractor shall comply with all applicable federal, state and local laws, rules and regulations.

AUTHORITY: The Purchasing Agent shall serve as the principal purchasing official for LCPS and shall be responsible for the procurement of goods and services, with the exception of design and construction, the responsibility for which shall reside with the Chief Financial Officer. The Purchasing Agent shall be formally appointed, supervised and subject to the direction of the Division Superintendent or his/her designee. Proposals should be made pursuant to School Board Policy which is in compliance with the Virginia Public Procurement Act, Va. Code §2.2-4300, et. seq. In the discharge of these responsibilities, the Purchasing Agent may be assisted by other staff. Any purchase order or contract made contrary to these provisions and authorities shall be of no effect and void, and LCPS and the School Board shall not be bound thereby.

All contacts between Offerors or prospective Offerors shall be only with the Purchasing Agent or other designated employee of the Loudoun County School Board. No Offeror or potential Offeror shall initiate or engage in any discussions with any other employee of the School Board or any member of the School Board while a solicitation is outstanding concerning the contents of such solicitation or with the intent to influence or interfere with the contract award authorized by and described in such solicitation. A violation hereof may result in a disqualification of such Offeror.

INSPECTION AND REVIEW OF RECORDS: LCPS reserves the right to perform or have performed inspections and reviews of the records of the Contractor for any service contract with LCPS and to have copies made of such records. The Contractor shall maintain and preserve all such records, at its own expense, during contract performance and for a period of at least three years after the contract has terminated. At LCPS request at any time during contract performance or within a period of three years after the contract has terminated, the Contractor shall promptly make all records available, at a location within LCPS, to LCPS, or those retained by LCPS, for inspection, review and copying.

NON-DISCRIMINATION OF CONTRACTOR: An Offeror or Contractor shall not be discriminated against in the solicitation or award of this contract because of race, color, national origin, religion, sex, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, marital status, disability, age, or genetic information, faith-based organizational status, any other basis prohibited by state or federal law relating to discrimination in employment or because the Offeror employs ex-offenders unless LCPS has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, LCPS shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

NON-DISCRIMINATION: By submitting their proposals, Offerors certify to LCPS that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). Awards made to a faith-based organization shall also comply with the FAITH-BASED ORGANIZATIONS clause.

1. During the performance of this contract the Offeror/Contractor agrees as follows:

(a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, gender expression, socioeconomic level, national origin, age, disability or other basis prohibited by state law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the

RFP# R25268 Internet Services

Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this NON-DISCRIMINATION clause.

(b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an Equal Opportunity Employer.

(c) Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this paragraph.

(d) If the Contractor employs more than five employees, the Contractor shall (i) provide annual training on the Contractor's sexual harassment policy to all supervisors and employees providing services in LCPS, except such supervisors or employees who are required to complete sexual harassment training provided by the Department of Human Resources and Talent Development of LCPS, and (ii) post the Contractor's sexual harassment policy in (a) a conspicuous public place in each building located in LCPS that the Contractor owns or leases for business purposes and (b) the Contractor's employee handbook.

(e) The requirements of these provisions are a material part of the contract. If the Contractor violates or fails to remain in compliance with any of these provisions, LCPS may terminate the affected contract or any portion thereof for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from LCPS contracting regardless of whether the specific contract is terminated.

(f) A prohibition on discrimination by the Contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The Contractor will include these provisions in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

CERTIFICATION REGARDING SEX OFFENSES: As a condition of awarding a contract for the provision of services that require the Contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities, the school board will require the Contractor to provide certification that all persons who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. This requirement does not apply to a Contractor or his employees providing services to a school division in an emergency or exceptional situation, such as when student health or safety is endangered or when repairs are needed on an urgent basis to ensure that school facilities are safe and habitable, when it is reasonably anticipated that the Contractor or his employees will have no direct contact with students.

ETHICS IN PUBLIC CONTRACTING:

1. Each Offeror shall certify, upon signing their proposal, that to the best of their knowledge no LCPS official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment or rescission of the contract made or could affect payment pursuant to the terms of the contract.

2. Whenever there is reason to believe that benefit of the sort described in paragraph “a” has been or will be received in connection with a proposal, or contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, LCPS, as a prerequisite to payment pursuant to the Contractor, or at any time, may require the Contractor to furnish, under oath, answers to any questions related to such possible benefit.

3. In the event the Offeror has knowledge of benefits as outlined above, this information should be submitted with its proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract, the Offeror shall address the disclosure of such facts to the Purchasing Agent of LCPS. The relevant RFP Number (see cover sheet) should be referenced in the disclosure.

4. No employee or former employee with official responsibility for procurement transactions may accept employment with any Offeror or Contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the end of employment by the school division

RFP# R25268 Internet Services unless the employee or former employee provides written notification to the division prior to commencement of employment by that Offeror or Contractor.

5. By submitting their proposal, Offerors certify that their proposals are made without collusion or fraud and that they have not offered of received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

ACCESS TO SCHOOL PREMISES: No vendor, agent, or sales representative may enter the schools to advertise or sell goods or services to employees or students except as provided herein. Anyone found soliciting goods or services to students or employees in the schools or on school property during school hours without authorization shall be subject to legal action.

1. Vendors are not permitted to make appointments with individual School Board employees without the permission of the Principal, or the Superintendent, or their designee. No vendor is permitted to sell, arrange demonstrations of products or services, or take orders for goods or services without prior authorization from the Principal, or Superintendent, or their designee.

2. This does not prevent authorized representatives of firms regularly supplying goods and services to the school division from having access to the schools in the course of their routine business duties.

COUNTY LICENSE: All firms doing business in Loudoun County are required to be licensed in accordance with the County's Business, Professional, and Occupational Licensing Tax Ordinance. Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL tax should be directed to the Office of the Commissioner of Revenue, phone: 703-777-0260.

REGISTERING OF CORPORATIONS: A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title

13.1 or Title 50 of the Code of Virginia or as otherwise required by the law. In accordance with the Code of Virginia, any foreign corporation, partnership, or limited liability company transacting business in Virginia is required to secure a certificate of authority from the Virginia State Corporation Commission. The Contractor shall ensure it is duly registered in Virginia.

COVENANT AGAINST CONTINGENT FEES: The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation of this warranty, LCPS shall have the right to terminate or suspend this contract without liability for the full amount of such commission percentage, brokerage, or contingent fee.

VIRGINIA FREEDOM OF INFORMATION ACT: All proceedings, records, contracts, and other public records relating to procurement transactions shall be open to inspection in accordance with the Virginia Freedom of Information Act, except as provided in Virginia Code § 2.2-4342. Nothing contained in this provision shall be construed to require LCPS, when procuring by "competitive negotiation" (Request for Proposal), to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to LCPS.

DISABILITIES…