RFQ_32110_00811.pdf

STATE OF TENNESSEE

DEPARTMENT OF GENERAL SERVICES

CENTRAL PROCUREMENT OFFICE

REQUEST FOR QUALIFICATIONS

FOR

CELLULAR DEVICES, SERVICES AND BUSINESS SOLUTIONS

RFQ # 32110-00811

TABLE OF CONTENTS

SECTIONS:

1. Introduction

2. RFQ Schedule of Events

3. Response Requirements

4. General Information & Requirements

5. Procurement Process & Contract Award

ATTACHMENTS:

A. Technical Response & Evaluation Guide – Mandatory Requirement Items

B. Technical Response & Evaluation Guide – General Qualifications &

Experience Items

C. Technical Response & Evaluation Guide – Technical Qualifications, Experience & Approach Items

D. Cost Proposal

E. Statement of Certifications & Assurances

F. Reference Questionnaire

G. Pro Forma Contract

1. INTRODUCTION

The State of Tennessee, Department of General Services, Central Procurement Office, hereinafter referred to as “the State,” issues this Request for Qualifications (“RFQ”) to define mandatory goods or services requirements; solicit responses; detail response requirements; and outline the State’s process for evaluating responses.

Through this RFQ or any subsequent solicitation, the State seeks to buy the requested goods or services and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises, the opportunity to do business with the state as contractors or subcontractors.

1.1. Statement of Procurement Purpose

The State of Tennessee is seeking qualified suppliers to provide Cellular Devices, Voice and

Data Services, Cellular Equipment, a limited Accessories offering, and Integrated Business

Solutions for State Agencies. The Contract will be structured to enable the State to remain technologically current to accommodate the 4G and 5G current networks and future technology developments.

A primary objective of the awarded contracts is to provide, as much as possible, Cellular Services throughout the State to reduce coverage issues encountered across the State including difficult to cover State Parks and Recreational locations.

The States current expenditures over the previous five-year contract period were approximately

Sixty-Two Million Dollars ($62,000,000.00). Purchases of Cellular Services over the new five-year contract period are estimated to be Seventy Million Dollars ($70,000,000.00)

1.1.1. RFQ Number

This Solicitation is RFQ 32110-00811

1.1.2. Factual Data

All statistical and fiscal information contained in this RFQ and its exhibits, including amendments and modifications thereto, are provided “as is”, without warranty as to the accuracy or adequacy of the data or information so provided, and reflect the department’s best understanding based on information or belief available to the department at the time of RFQ preparation. No inaccuracies in such data or information shall be a basis for delay in performance or a basis for legal recovery of damages, actual, consequential or punitive.

1.2. Pre-Response Conference – Thursday July 25, 2024

A Pre-response Conference will be held at the time and date detailed in the RFQ Section 2, Schedule of Events. Pre-response Conference attendance is not mandatory, and prospective

Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations.

The conference will be held at:

Thursday July 25, 2024 2:00 PM https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID: 217 475 602 838 Passcode: hYdQSk

Dial in by phone

+1 629-209-4396, United States, Nashville

Phone conference ID: 134 218 295#

Join on a video conferencing device

Tenant key: stateoftn@m.webex.com

Video ID: 117 610 068 8

The purpose of the conference is to discuss the RFQ scope of goods or services. The State will entertain questions, however prospective Respondents must understand that the State’s oral response to any question at the Pre-response Conference shall be unofficial and non-binding.

Prospective Respondents must submit all questions, comments, or other concerns regarding the

RFQ in writing prior to the Written Questions & Comments Deadline date detailed in the RFQ

Section 2, Schedule of Events. The State will send the official response to these questions and comments to prospective Respondents from whom the State has received a Notice of Intent to respond as indicated in RFP Section 1.8 and on the date detailed in the RFQ Section 2, Schedule of Events.

1.3. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in RFQ § 2, Schedule of Events, potential Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond in the form of a simple e-mail or other written communication. Such notice should include the following information: the business or individual’s name (as appropriate), a contact person’s name and title, the contact person’s mailing address, telephone number, facsimile, number, and e-mail address. Filing a Notice of Intent to Respond is not a prerequisite for submitting a response;

however, it is necessary to ensure receipt of notices and communications relating to this RFQ.

1.4. Definitions and Abbreviations

TERM DEFINITION

Authorized User The definition of an Authorized User Likely varies

State by State. The State of Tennessee defines https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting an Authorized User as follows: “This Contract establishes a source or sources of supply for all

Tennessee State Agencies. “Tennessee State

Agency” refers to the various departments, institutions, boards, commissions, and agencies of the executive branch of government of the State of Tennessee with exceptions as addressed in

Tenn. Comp. R. & Regs. 0690-03-01-.01. The

Contractor shall provide all goods or services and deliverables as required by this Contract to all

Tennessee State Agencies. The Contractor shall make this Contract available to the following entities, who are authorized to and who may purchase off of this Statewide Contract

(“Authorized Users”):

a. all Tennessee State governmental entities (this includes the legislative branch; judicial branch;

and commissions and boards of the State outside of the executive branch of government);

b. Tennessee local governmental agencies;

c. members of the University of Tennessee or

Tennessee Board of Regents systems;

d. any private nonprofit institution of higher education chartered in Tennessee; and,

e. any corporation which is exempted from taxation under 26 U.S.C. Section 501(c) (3), as amended, and which contracts with the

Department of Mental Health and Substance

Abuse to provide services to the public (Tenn.

Code Ann. § 33-2-1001).

Note: other States definition of an “Authorized

User” or equivalent is acceptable in the

Respondents response to this RFQ.

Business Solutions The term “Business Solutions” shall refer to a combination of ideas, services, and products that resolve a specific problem (IoT).

Central Procurement Office The State of Tennessee Central Procurement

Office (CPO)

Contract The writing(s) that contain the agreement of the

CPO and the Respondent/Contractor(s) setting forth the total legal obligation between the parties as determined by applicable rules of law.

Mandatory Requirements Requirements that the Respondent must meet in order to be eligible for contract award

Proposal The Respondents submission of all documents in response to the solicitation, including but not limited to responses to Attachments A through F

Respondent The entity that submits materials to the State in accordance with these instructions

Response The material submitted by the Respondent in answering the solicitation

Schedule of Events The list of critical dates and actions included in the introductory materials.

Solicitation Coordinator State of Tennessee representative for whom all communications relating to this solicitation shall be directed to.

Service Plans The term shall mean a subscription offering from a cellular carrier providing some combination of wireless services.

2. RFQ SCHEDULE OF EVENTS

The following schedule represents the State’s best estimates for this RFQ; however, the State reserves the right, at its sole discretion, to adjust the schedule at any time, or cancel and reissue a similar solicitation. Nothing in this RFQ is intended by the State to create any property rights or expectations of a property right in any Respondent.

EVENT

TIME

(Central

Time

Zone)

DATE

(all dates are State business days)

1. Post RFQ 32110-00811 July 18, 2024

2.

Disability Accommodation Request

Deadline

July 22, 2024

3. Pre-Response Conference 2:00 p.m.

July 25, 2024

4. Notice of Intent to Respond Deadline 2:00 p.m.

July 29, 2024

5.

Written “Questions & Comments”

Deadline 2:00 p.m.

August 1, 2024

6.

State response to written “Questions

& Comments”

August 9, 2024

7.

RFQ Technical/Cost Response

Deadline 2:00 p.m.

August 16, 2024

8.

State Notice of Qualified

Respondent(s) Released

August 27, 2024

9. RFQ Competitive Negotiations September 6, 2024

10.

State Notice of Intent to Award

Released and RFQ Files Open for

Public Inspection

September 13, 2024

11. End of Open File Period September 20, 2024

12.

State send contract to Contractor(s) for signature

September 23, 2024

13.

Contractor contract signature

Deadline

September 27, 2024

3. RESPONSE REQUIREMENTS

3.1. Response Contents: A response to this RFQ should address the following:

3.1.1. Mandatory Requirements: This section details the mandatory technical, functional, and experience requirements that must be demonstrated in the response to this RFQ in order to be passed on to Phase II of the Technical Response evaluation. A Respondent should duplicate and use RFQ Attachment A as a guide to organize responses for the

Mandatory Requirements of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

This section is included in the State’s evaluation as to whether or not a Respondent meets mandatory qualifications (Phase I).

3.1.2. General Qualifications & Experience: This section is included in the State’s evaluation of

Phase II of the Technical Response Evaluation and details general information and qualifications that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment B as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.3. Technical Qualifications, Experience & Approach: This section is also included in the

State’s evaluation of Phase II of the Technical Response Evaluation and details technical qualifications, experience, and approach items that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment C as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.4. Cost Proposal:

3.1.4.1. If included as part of this solicitation, then the Cost Proposal must be recorded on an exact duplicate of RFQ Attachment D, Cost Proposal. Any response that does not follow the instructions included in RFQ Attachment D may be deemed nonresponsive.

3.1.4.2. A Respondent must only record the proposed cost exactly as required by the

RFQ Attachment D, Cost Proposal and must NOT record any other rates, amounts, or information.

3.1.4.3. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period.

3.1.4.4. A Respondent must sign and date the Cost Proposal.

3.1.4.5. A Respondent must submit the Cost Proposal to the State in a sealed package separate from the Technical Response.

3.2. Response Delivery Location

A Respondent must ensure that the State receives a Response to this RFQ no later than the

Response Deadline time and dates detailed in the RFQ § 2, Schedule of Events. All responses must be delivered to:

Richard Kotler – Solicitation Coordinator

WRS Tennessee Tower 3RD FL

312 Rosa L. Parks Ave.

Nashville, TN 37243

Phone Number: 615-253-4723

Email: Richard.kotler@tn.gov

3.3. Response Format

3.3.1. A Respondent must ensure that the original response meets all form and content requirements detailed within this RFQ.

3.3.2. A Respondent must submit their response as specified in one of the two formats below.

3.3.2.1. Physical Digital Media Submittal of Responses

3.3.2.1.1. Technical Response

One (1) original Technical Response paper document clearly labeled:

“RFQ # 32110-00811 TECHNICAL RESPONSE ORIGINAL”

And four (4) copies of the Technical Response each in the form of one

(1) digital document in “PDF” format properly recorded on its own otherwise blank, USB flash drive labeled”

“RFQ # 32110-00811 TECHNICAL RESPONSE COPY”

The digital copies should not include copies of sealed customer references or cost information in the general and technical evaluation phase. However, any other discrepancy between the paper response document and digital copies may result in the State rejecting the response as nonresponsive.

3.3.2.1.2. Cost Proposal:

One (1) original Cost Proposal paper document labeled:

“RFQ # 32110-00811 COST PROPOSAL ORIGINAL”

and one (1) copy in the form of a digital document in “XLS” format properly recorded on a separate, blank, standard CD-R recordable disc or USB flash drive labeled:

“RFQ # 3211-00811 COST PROPOSAL COPY”

mailto:Richard.kotler@tn.gov

In the event of a discrepancy between the original Cost Proposal document and the digital copy, the original, signed document will take precedence.

3.3.2.2. E-mail Submission

3.3.2.2.1. Technical Response

The Technical Response document should be in the form of one (1) digital document in “PDF” format or other easily accessible digital format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should be clearly identified as follows:

“RFQ # 32110-00811 TECHNICAL RESPONSE”

The customer references should be delivered by each reference in accordance with RFQ Attachment F. Reference Questionnaire.

3.3.2.2.2. Cost Proposal:

The Cost Proposal should be in the form of one (1) digital document in

“PDF” or “XLS” format or other easily accessible digital format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should be clearly identified as follows:

“RFQ # 32110-00811 COST PROPOSAL”

An electronic or facsimile signature, as applicable, on the Cost

Proposal is acceptable.

3.3.3. For e-mail submissions, the Technical Response and Cost Proposal documents must be dispatched to the Solicitation Coordinator in separate e-mail messages. For digital media submissions, a Respondent must separate, seal, package, and label the documents and copies for delivery as follows:

3.3.3.1. The Technical Response and copies must be placed in a sealed package that is clearly labeled:

“DO NOT OPEN… RFQ # 32110-00811 TECHNICAL RESPONSE FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.3.3.2. The Cost Proposal must be placed in a separate, sealed package that is clearly labeled:

“DO NOT OPEN… RFQ # 32110-00811 COST PROPOSAL FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.3.3.3. The separately, sealed Technical Response and Cost Proposal components may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled:

“RFQ # 32110-00811 SEALED TECHNICAL RESPONSE & SEALED COST

PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.3.3.4. Any Respondent wishing to submit a Response in a format other than digital may do so by contacting the Solicitation Coordinator.

3.3.4. A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFQ Section 2, Schedule of Events at the following address:

Richard Kotler – Solicitation Coordinator Department of General Services, Central Procurement Office WRS Tennessee Tower 3rd FL

312 Rosa L. Parks Ave.

Nashville, TN Phone: 615-253-4723 Email: Richard.Kotler@tn.gov

3.4. Response Prohibitions: A response to this RFQ shall not:

3.4.1. Restrict the rights of the State or otherwise qualify the response to this RFQ;

3.4.2. Include, for consideration in this procurement process or subsequent contract negotiations, incorrect information that the Respondent knew or should have known was materially incorrect;

3.4.3. Include more than one response, per Respondent, to this RFQ;

3.4.4. Include any information concerning costs (in specific dollars or numbers) associated with the Technical Response;

3.4.5. Include the respondent’s own contract terms and conditions (unless specifically requested by the RFQ);

3.4.6. Include any end-user license agreement, manufacturer’s terms and conditions, service guide, clickwrap agreement, shrinkwrap agreement, online terms and conditions, or other terms and conditions that will supplement, modify, or contradict the terms set forth in the pro forma contract; or

3.4.7. Include the respondent as a prime contractor while also permitting one or more other respondents to offer the respondent as a subcontractor in their own responses.

3.5. Response Errors & Revisions

A Respondent is responsible for any and all errors or omissions in its response to this RFQ. A

Respondent will not be allowed to alter or revise its response after the Response Deadline time mailto:Richard.Kotler@tn.gov and dates as detailed in RFQ § 2, Schedule of Events, unless such is formally requested in writing by the State (e.g., through a request for clarification, etc.).

3.6. Response Withdrawal

A Respondent may withdraw a response at any time before the Response Deadline time and date as detailed in RFQ § 2, Schedule of Events, by submitting a written signed request by an authorized representative of the Respondent. After withdrawing a response, a Respondent may submit another Response at any time before the Response Deadline time and date as detailed in

RFQ § 2, Schedule of Events.

3.7. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any response. Each Respondent is solely responsible for the costs it incurs in responding to this

RFQ.

4. GENERAL INFORMATION & REQUIREMENTS

4.1. Communications

4.1.1. Respondents shall reference RFQ # 32110-00811 in all communications relating to this solicitation, and direct any such communications to the following person designated as the

Solicitation Coordinator:

Richard Kotler, Category Specialist

Department of General Services, Central Procurement Office

3rd Floor, WRS Tennessee Tower

312 Rosa L. Parks Ave.

Nashville, TN 37243

Phone: 615-253-4723

Email: Richard.Kotler@tn.gov

The State will convey all official responses and communications related to this RFQ to the potential respondents from whom the State has received a Notice of Intent to Respond

(refer to RFQ Section 1.2.).

4.1.2. Potential respondents with a handicap or disability may receive accommodation relating to the communication of this RFQ and participating in the RFQ process. Potential respondents may contact the RFQ Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in RFQ § 2, Schedule of Events.

4.1.3. Unauthorized contact about this RFQ with other employees or officials of the State of Tennessee may result in disqualification from contract award consideration.

4.1.4. Notwithstanding the foregoing, potential Respondents may also contact the following as appropriate:

4.1.4.1. Staff of the Governor’s Office of Diversity Business Enterprise may be contacted for assistance with respect to available minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities and small business enterprises as well as general public information relating to this request; or

4.1.4.1. The following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil

Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations:

Helen Crowley, WRS Tennessee Tower 3rd FL

312 Rosa L. Parks Ave.

Nashville, TN 37243

Phone: 615-741-3836

Email: Helen.Crowley@tn.gov

4.2. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a contract pursuant to this solicitation or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion (subject to Tenn. Code Ann. §§ 4-21-401 and 405), sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The

Contractor pursuant to this solicitation shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

4.3. Conflict of Interest

4.3.1. The State may not consider a proposal from an individual who is, or within the past six (6) months has been, a State employee. For these purposes,

4.3.1.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

4.3.1.2. A contract with or a proposal from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

4.3.1.3. A contract with or a proposal from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

4.3.2. This RFQ is also subject to Tenn. Code Ann. § 12-4-101—105.

4.4. Respondent Required Review & Waiver of Objections

4.4.1. Each potential respondent must carefully review this RFQ, including but not limited to, attachments, the RFQ Attachment G, pro forma Contract, and any amendments for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

4.4.2. Any potential respondent having questions and comments concerning this RFQ must provide such in writing to the State no later than the written “Questions & Comments

Deadline” detailed in RFQ § 2, Schedule of Events.

4.4.3. Protests based on any objection shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the written “Questions &

Comments Deadline.”

mailto:Helen.Crowley@tn.gov

4.5. Disclosure of Response Contents

4.5.1. All materials submitted to the State in response to this solicitation become property of the

State of Tennessee. Respondents are cautioned not to provide any materials in response to this RFP that are trade secrets, as defined under Tenn. Code Ann. § 47-25-1702 and applicable law. By submitting a response to this RFP, the respondent acknowledges and agrees that the State shall have no liability whatsoever for disclosure of a trade secret under the Uniform Trade Secrets Act, as provided at Tenn. Code Ann. § 47-25-1701-1709, or under any other applicable law. Selection for award does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full contents and associated documents submitted in response to this request will become open to public inspection in accordance with the laws of the State of Tennessee. Refer to RFQ § 2, Schedule of Events.

4.5.2. The RFQ responses will be available for public inspection only after the completion of evaluation of the RFQ or any resulting solicitation which this RFQ becomes a part of, whichever is later.

4.6. Notice of Professional Licensure, Insurance, and Department of Revenue Registration

Requirements

4.6.1. All persons, agencies, firms or other entities that provide legal or financial opinions, which a

Respondent provides for consideration and evaluation by the State as part of a response to this RFQ, shall be properly licensed to render such opinions.

4.6.2. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent

(and Respondent employees and subcontractors, as applicable) must hold all necessary, appropriate business and professional licenses to provide service as required. The State may require any Respondent to submit evidence of proper licensure.

4.6.3. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent must provide a valid, Certificate of Insurance indicating current insurance coverage meeting minimum requirements as may be specified by the RFQ.

4.6.4. Before the Contract resulting from this RFQ is signed, the apparent successful

Respondent must be registered with the Department of Revenue for the collection of

Tennessee sales and use tax. The State shall not approve a contract unless the

Respondent provides proof of such registration or provides documentation from the

Department of Revenue that the Contractor is exempt from this registration requirement.

The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer

Access Point (TNTAP) website for Online Registration and the Vendor Contract

Questionnaire. These resources are available at the following:

https://tntap.tn.gov/eservices/_/#1

4.7. RFQ Amendments & Cancellation

4.7.1. The State reserves the right to amend this RFQ at any time, provided that it is amended in writing. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential respondents to meet the deadlines and revise the https://tntap.tn.gov/eservices/_/#1

RFQ Schedule of Events if deemed appropriate. If a RFQ amendment is issued, the State will convey it to potential respondents who submitted a Notice of Intent to Respond (refer to RFQ § 1.3). A response must address the final RFQ (including its attachments) as may be amended.

4.7.2. The State reserves the right, at its sole discretion, to cancel or to cancel and reissue this

RFQ in accordance with applicable laws and regulations.

4.8. State Right of Rejection

4.8.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all proposals.

4.8.2. The State may deem as nonresponsive and reject any proposal that does not comply with all terms, conditions, and performance requirements of this RFQ. Notwithstanding the foregoing, the State reserves the right to seek clarifications or to waive, at its sole discretion, a response’s minor variances from full compliance with this RFQ. If the State waives variances in a response, such waiver shall not modify the RFQ requirements or excuse the Respondent from full compliance with such, and the State may hold any resulting vendor to strict compliance with this RFQ.

4.8.3. The State will review the response evaluation record and any other available information pertinent to whether or not each respondent is responsive and responsible. If the

Solicitation Coordinator identifies any respondent that appears not to meet the responsive and responsible thresholds such that the team would not recommend the respondent for potential contract award, this determination will be fully documented for the record.

(“Responsive” is defined as submitting a response that conforms in all material respects to the RFQ. “Responsible” is defined as having the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.)

4.9. Assignment & Subcontracting

4.9.1. The vendor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFQ without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.9.2. If a Respondent intends to use subcontractors, the response to this RFQ must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFQ

Attachment B, Item B.14.).

4.9.3. Subcontractors identified within a response to this RFQ will be deemed as approved by the State unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract.

4.9.4. The Contractor resulting from this RFQ may only substitute another subcontractor for a proposed subcontractor at the discretion of the State and with the State’s prior, written approval.

4.9.5. Notwithstanding any State approval relating to subcontracts, the Contractor resulting from this RFQ will be the prime contractor and will be responsible for all work under the

Contract.

4.10. Next Ranked Respondent

The State reserves the right to initiate negotiations with the next ranked respondent should the

State cease doing business with any respondent selected via this RFQ process.

5. PROCUREMENT PROCESS & CONTRACT AWARD

5.1. The complete vendor selection will be a three-part process: (1) Respondents response to the questions in RFQ Attachment A TECHNICAL RESPONSE EVALUATION GUIDE Section A-

Mandatory Requirements, (2) Respondents responses to questions in Attachment B

TECHNICAL RESPONSE & EVALUATION GUIDE Section B – General Qualifications &

Experience Guide, and (3) Respondents responses to the questions in Attachment C

TECHNICAL RESPONSE & EVALUATION GUIDE Section C Technical Qualifications, Experience & Approach. Each of these items will be evaluated and scored in accordance with

5.2 below.

5.2. Qualification of Technical Responses: Technical Responses will be deemed acceptable to the

State for each Respondent that achieves the minimum acceptable scores below.

MINIMUM ACCEPTABLE SCORES

(a) The Respondents Score for Section A-Mandatory Requirements must achieve a Score of

“PASS”.

(b) The Respondent’s minimum Technical threshold score for Section B is twenty (20) points.

(c) The Respondents minimum Technical threshold score for Section C is thirty (30) points.

5.3. Cost Proposals: If cost is included for this solicitation, Cost Proposals will be opened for all

Respondents meeting the Minimum requirements for Sections A, B, and C (Qualified

Respondents).

5.4. Clarifications and Negotiations: The State reserves the right to award contracts on the basis of initial responses received; therefore, each response should contain the respondent’s best terms from a technical and cost standpoint. However, the State reserves the right to conduct clarifications or negotiations with respondents. All communications, clarifications, and negotiations shall be conducted in a manner that supports fairness in response improvement.

5.4.1. Clarifications: The State may identify areas of a response that may require further clarification or areas in which it is apparent that there may have been miscommunications or misunderstandings as to the State’s specifications or requirements. The State may seek to clarify those issues identified during one or multiple clarification round(s). Each clarification sought by the State may be unique to an individual respondent.

5.4.2. Negotiations: The State may elect to negotiate with Qualified Respondents, within the competitive range, by requesting revised responses, negotiating costs, or finalizing contract terms and conditions. The State reserves the right to conduct multiple negotiation rounds.

5.4.2.1. Cost Negotiations: All responsive respondents within the competitive range will be given equivalent information with respect to cost negotiations. All cost negotiations will be documented for the procurement file. Additionally, the State may conduct target pricing and other goods or services level negotiations.

Target pricing may be based on considerations such as current pricing, market considerations, benchmarks, budget availability, or other methods that do not reveal individual respondent pricing. During target price negotiations, respondents are not obligated to meet or beat target prices but will not be allowed to increase prices.

5.4.2.2. If the State determines costs and contract finalization discussions and negotiations are not productive, the State reserves the right to bypass the apparent best evaluated Respondent and enter into contract negotiations with the next apparent best evaluated Respondent.

5.5. Evaluation Guide

The State will consider qualifications, experience, technical approach, and cost (if applicable) in the evaluation of responses and award points in each of the categories detailed below. The maximum evaluation points possible for each category are detailed below.

5.6 Contract Award

5.6.1. The Solicitation Coordinator will determine if each Respondent meets the Minimum Scores required in order for the Respondent to be Qualified. The State reserves the right to make an award without further discussion of any response.

5.6.2. The State will issue an Evaluation Notice and make the RFQ files available for public inspection at the time and date specified in the RFQ §2, Schedule of Events.

Evaluation Category Maximum Points Possible

Mandatory Requirements (refer to RFQ

Attachment A)

Pass/Fail

General Qualifications, Experience, Technical

Qualifications, Experience & Approach (refer to

RFQ Attachment B)

Technical Qualifications, Experience &

Approach (refer to RFQ Attachment C)

NOTICE: The Evaluation Notice shall not create rights, interests, or claims of entitlement in either the Respondent identified as the apparent best evaluated or any other Respondent.

5.6.3. The Respondent identified as offering the apparent best-evaluated must sign a contract drawn by the State pursuant to this RFQ. The contract shall be substantially the same as the RFQ Attachment G, pro forma contract. The Respondent must sign said contract no later than the Respondent Contract Signature Deadline detailed in RFQ § 2, Schedule of

Events. If the Respondent fails to provide the signed contract by the deadline, the State may determine the Respondent is non-responsive to this RFQ and reject the response.

5.6.4. Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited negotiation prior to contract signing and, as a result, revise the pro forma contract terms and conditions or performance requirements in the State’s best interests, PROVIDED

THAT such revision of terms and conditions or performance requirements shall NOT materially affect the basis of response evaluation or negatively impact the competitive nature of the RFQ and contractor selection process.

5.6.5. If the State determines that a response is nonresponsive and rejects it, the Solicitation

Coordinator will re-calculate scores to determine (or re-determine) the apparent best-evaluated response.

ATTACHMENT A

TECHNICAL RESPONSE & EVALUATION GUIDE

All Respondents must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). All Respondents must also detail the response page number for each item in the appropriate space below.

The Solicitation Coordinator will review all responses to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Solicitation Coordinator must review the responses and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFQ requirements.

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Respondent completes)

Item

Ref.

Section A— Mandatory Requirement Items Pass/Fail

The Technical Response must be delivered to the State no later than the Technical Response Deadline specified in the RFQ § 2, Schedule of Events.

The Technical Response must not contain cost or pricing information of any type.

The Technical Response must not contain any restrictions of the rights of the State or other qualification of the response.

A Respondent must not submit alternate responses.

A Respondent must not submit multiple responses in different forms (as a prime and a subcontractor).

A.1. Provide the Statement of Certifications and Assurances

(RFQ Attachment E) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFQ and any resulting contract. The document must be signed without exception or qualification.

A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall completes)

Item

Ref.

Section A— Mandatory Requirement Items Pass/Fail perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee) and, if so, the nature of that conflict.

NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award.

A.3. Provide a current bank reference indicating that the

Respondent maintains a satisfactory business relationship with the financial institution. Such reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months.

A.4. Provide at least one of the following financial documents dated within the last three (3) months: (1) an official document or letter from an accredited credit bureau, indicating a satisfactory credit score for the Respondent

(NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.); (2) income statement, indicating the

Respondent’s financial operations; or (3) balance sheet, showing the Respondent’s flow of funds.

Any documentation disclosing the amount of cash flows from operating activities should be for the Respondent’s most current operating period and must indicate whether the cash flows are positive or negative. If the cash flows are negative for the most recent operating period, the documentation must include a detailed explanation of the factors contributing to the negative cash flows.

NOTICE: All persons, agencies, firms, or other entities that provide opinions regarding the Respondent’s financial status must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders the opinions.

completes)

Item

Ref.

Section A— Mandatory Requirement Items Pass/Fail

A.5 Insurance, A valid Certificate of Insurance (COI) in the amounts specified in section D.32 of the Pro Forma

Contract detailed in Attachment G shall be provided with the Submission Response.

A.6. Provide one (1) set of Coverage Area maps (one for each of the ninety-five Tennessee Counties, plus one (1)

Tennessee Statewide map, and one (1) US map including all fifty (50) States). Coverage Area maps should clearly indicate the Respondent’s direct coverage as well as the Carrier’s roaming partner’s Coverage

Areas.

A.7. Provide documentation that demonstrates that the

Respondent has current revenues from digital cellular and data services of two billion five hundred thousand dollars annually ($2,500,000,000.00)

A.8. Provide documentation that demonstrates that the

Respondent company operates the cellular network deployed by the Company.

A.9. Provide documentation that demonstrates that the

Respondent has serviced at least three thousand (3,000)

Cellular Devices under any “Authorized User” governmental entity contract in the past three (3) years

A.10. Provide documentation that demonstrates that the

Respondent has, in the past three (3) years has had contracts with at least seven (7) other governmental entities for the similar services as those requested in this

RFQ.

A.11. The Technical Response shall not exceed one hundred and fifty (150) pages in length (maps, graphs, charts, and Business Solutions appended to the Catalog or otherwise included as an appendix will not count against this page limit.

A.12 Contractors employees and subcontractors supporting this contract for technical, contractual, fulfillment, trouble completes)

Item

Ref.

Section A— Mandatory Requirement Items Pass/Fail shooting, and invoicing/billing services are to be located in the United States.

State Use – RFQ Coordinator Signature, Printed Name & Date:

ATTACHMENT B

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT

LEGAL ENTITY

Response

Page #

(Responde nt completes)

Item

Ref.

Section B— General Qualifications & Experience Items

B.1. Detail the name, e-mail address, mailing address, telephone number, and facsimile number, if applicable, of the person the State should contact regarding the response.

B.2. Describe the Respondent’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and business location (physical location or domicile).

B.3. Detail the number of years the Respondent has been in business.

B.4. Briefly describe how long the Respondent has been performing the goods or services required by this RFQ.

B.5. Describe the Respondent’s number of employees, client base, and location of offices.

B.6. Provide a statement of whether there have been any mergers, acquisitions, or sales of the Respondent within the last ten (10) years. If so, include an explanation providing relevant details.

B.7.

Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the Respondent’s employees, agents, independent contractors, or subcontractors, proposed to provide work on a contract pursuant to this RFQ, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details.

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT

(Responde nt completes)

Item

Ref.

Section B— General Qualifications & Experience Items

B.8.

Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanation providing relevant details.

B.9.

Provide a statement of whether there is any material, pending litigation against the Respondent that the Respondent should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFQ or is likely to have a material adverse effect on the Respondent’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Respondent’s performance in a contract pursuant to this RFQ.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

B.10.

Provide a statement of whether there is any pending or in progress Securities

Exchange Commission investigations involving the Respondent. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it will impair the

Respondent’s performance in a contract pursuant to this RFQ.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT

(Responde nt completes)

Item

Ref.

Section B— General Qualifications & Experience Items licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

B.11 Provide a brief, descriptive statement detailing evidence of the Respondent’s ability to deliver the goods or services sought under this RFQ (e.g., prior experience, training, certifications, resources, program and quality management systems, etc.).

B.12.

Provide a narrative description of the proposed contract team, its members, and organizational structure along with an organizational chart identifying the key people who will be assigned to provide the goods or services required by this RFQ, illustrating the lines of authority, and designating the individual responsible for the completion of each task and deliverable of the RFQ.

B.13.

Provide a personnel roster listing the names of key people who the

Respondent will assign to perform tasks required by this RFQ along with the estimated number of hours that each individual will devote to the required tasks. Follow the personnel roster with a resume for each of the people listed.

The resumes must detail the individual’s title, education, current position with the Respondent, and employment history.

B.14.

Provide a statement of whether the Respondent intends to use subcontractors to accomplish the work required by this RFQ, and if so, detail:

(a) the names of the subcontractors along with the contact person, mailing address, telephone number, and e-mail address for each;

(b) a description of the scope and portions of the work each subcontractor will perform; and

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT

(Responde nt completes)

Item

Ref.

Section B— General Qualifications & Experience Items

(c) a statement specifying that each proposed subcontractor has expressly assented to being proposed as a subcontractor in the Respondent’s response to this RFQ.

B.15.

Provide documentation of the Respondent’s commitment to diversity as represented by the following:

(a) Business Strategy. Provide a description of the Respondent’s existing programs and procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, service-disabled veterans, businesses owned by persons with disabilities, and small business enterprises. Please also include a list of the Respondent’s certifications as a diversity business, if applicable.

(b) Business Relationships. Provide a listing of the Respondent’s current contracts with business enterprises owned by minorities, women, service-disabled veterans, businesses owned by persons with disabilities, and small business enterprises. Please include the following information:

(i) contract description;

(ii) contractor name and ownership characteristics (i.e., ethnicity, gender, service-disabled, disability); and

(iii) contractor contact name and telephone number.

(c) Estimated Participation. Provide an estimated level of participation by business enterprises owned by minorities, women, service-disabled veterans, businesses owned by persons with disabilities, and small business enterprises if a contract is awarded to the Respondent pursuant to this RFQ. Please include the following information:

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT

(Responde nt completes)

Item

Ref.

Section B— General Qualifications & Experience Items

(i) a percentage (%) indicating the participation estimate. (Express the estimated participation number as a percentage of the total estimated contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics only and DO NOT INCLUDE DOLLAR AMOUNTS);

(ii) anticipated goods or services contract descriptions;

(iii) names and ownership characteristics (i.e., ethnicity, gender, service-disabled veterans, disability) of anticipated subcontractors and supply contractors.

NOTE: In order to claim status as a Diversity Business Enterprise under this contract, businesses must be certified by the Governor’s Office of

Diversity Business Enterprise (Go-DBE). Please visit the Go-DBE website at https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XI

D=9810 for more information.

(d)…