09-18-25v2 RFQ

STATE OF TENNESSEE

DEPARTMENT OF EDUCATION

REQUEST FOR QUALIFICATIONS

FOR

E-RATE CATEGORY 2 (FY26-FY31)

RFQ #33101-26006FAS5

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. Catalog Pricing E. Statement of Certifications & Assurances F. Reference Questionnaire G. Pro Forma Contract

1. INTRODUCTION

The State of Tennessee, Department of Education, 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 Federal Communications Commission’s (“FCC”) Universal Service Schools and Libraries Support Mechanism, commonly known as the E-Rate program, helps ensure that schools and libraries can obtain high-speed broadband products and services to and throughout eligible schools and libraries. The goal of the E-Rate program, which is administered by the Universal Service Administrative Company (“USAC”), is to provide its applicants with an opportunity to obtain the products and services necessary to deliver high-speed broadband access to the internet all the way to the student in a classroom or the patron in a library. The E-Rate program continues to be a critical component of Local Education Agencies’ (“LEAs”), authorized Tennessee Public Charter Schools’ ("Public Charters"), and State Special Schools’ (“SSS”) technology budgets across the State of Tennessee as the only reliable technology funding available.

As a result of this RFQ, multiple contracts may be awarded for E-Rate Category Two (Internal Connections, Basic Maintenance of Internal Connections, and Managed Internal Broadband) Services to LEAs, Public Charters, and SSS operating in the State of Tennessee. The State will award contracts to all qualified Respondents that sell equipment (not manufacturer specific) and service solutions in accordance with the Category Two and Miscellaneous section of the FCC’s Eligible Services List (https://www.usac.org/e-rate/applicant-process/before-you-begin/eligible-services-list/). Respondents will be scored and awarded contracts in accordance with Section 5 - PROCUREMENT PROCESS & CONTRACT AWARD. Cost will not be evaluated under this RFQ;

however, Respondents must submit a Catalog Pricing outlining the goods/services for which the Contractor is authorized to provide in order to participate in the USAC mini-bid process.

LEAs/Public Charters/SSS throughout Tennessee will then conduct a mini-bid process as described by USAC amongst the awarded contractors. Any contracts awarded from this RFQ shall be available for use by any LEA/Public Charter/SSS in Tennessee; however, only those entities who have signed a Letter of Agency with the State will be authorized to use the contracts in conjunction with their E-Rate application(s). Respondents that are awarded contracts are not expected to participate in mini-bid events that are outside of their service regions or for products areas that they do not supply.

USAC provided the following guidance on the mini-bid process:

If the state awards contracts to multiple service providers as a result of its posted FCC Form 470 and competitive bidding process - what we refer to as a multiple award schedule - the applicant must conduct a bid evaluation for all service providers able to provide services to the applicant under these contracts (a mini-bid process).

To conduct a mini-bid process, the applicant determines the factors to use for its evaluation - with the price of the eligible products and services as the most heavily-https://www.usac.org/e-rate/applicant-process/before-you-begin/eligible-services-list/ weighted factor - scores the service providers appropriately, and chooses the most cost-effective solution.

• The applicant does not need to post an FCC Form 470 to conduct a mini-bid.

• The applicant does not need to conduct a mini-bid if only one service provider is able to provide service. For example, if three service providers sign contracts with the state pursuant to the state-filed FCC Form 470 but only one of the service providers can provide service in the applicant's geographic location, a mini-bid is not required”

(Source: https://www.usac.org/e-rate/applicant-process/selecting-service-providers/state-master-contracts/).

1.2. Pre-Response Conference

A Pre-Response Conference will be held at the time and date detailed in the RFQ Schedule of Events, RFQ § 2. Pre-Response Conference attendance is not mandatory, and potential Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations. Please contact the Solicitation Coordinator to RSVP for the Pre-Response Conference. The Conference will be held at:

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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

Basic Maintenance Internal Connections

(“BMIC”)

BMIC covers the repair and upkeep of eligible internal connections. Eligible repair and upkeep services include hardware, wiring, and https://www.usac.org/e-rate/applicant-process/selecting-service-providers/state-master-contracts/ https://www.usac.org/e-rate/applicant-process/selecting-service-providers/state-master-contracts/ https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWU5NDk1ODEtOGU1OC00MDNlLTg4ZTgtZmUwZGQ5Yjg5YWM0%40thread.v2/0?context=%7b%22Tid%22%3a%22f345bebf-0d71-4337-9281-24b941616c36%22%2c%22Oid%22%3a%22edc6309f-c8fd-4d70-98ad-b2e9a5fe75d2%22%7d tel:+16292094396,,238218801 https://dialin.teams.microsoft.com/4423d438-b3cd-4739-88ce-5ba6c5a25a54?id=238218801 https://www.webex.com/msteams?confid=1132403222&tenantkey=stateoftn&domain=m.webex.com cable maintenance, along with basic technical support and configuration changes. The products must be eligible for discounts in order for their associated repair and upkeep services to be eligible.

Billed Entity The entity responsible for paying the bills for discounted services received by schools and libraries.

Category 2

Category 2 is one of two service categories defined in the FCC’s ESL. This category focuses on internal connections, managed internal broadband services, and basic maintenance of internal connections.

Eligible Services List (“ESL”)

The ESL is a list released by the FCC prior to the opening of the Form 471 application filing window. This list contains a description of the products and services that will be eligible for discounts, along with additional helpful information such as eligibility conditions for each category of service for each specified funding year.

E-Rate

E-Rate is the FCC’s Schools and Libraries Program funded via the Universal Service Fund and administrated by USAC. The E-Rate program is responsible for the discounts funding provided to schools and libraries across the nation for procurement of broadband services to the building and into the school and/or classroom or public area of a library.

Federal Communications Commission

(“FCC”)

The FCC is an independent agency of the United States government created by statute (47 U.S.C. §§ 151, 154) to regulate interstate communications by radio, television, wire, satellite, and cable.

FCC Commission Registration System

(“CORES”)

An online system provided by the FCC that will allow registration for organizations to participate in an FCC program.

FCC Registration Number (“FRN”) A 10-digit number that is assigned to a business or individual registering with the

FCC.

Form 470

Form 470 is the Description of Services Requested and Certification Form, which opens a competitive bidding process for services requested on the form; may have a RFP associated with the filing.

Form 471 Form 471 is the Services Ordered and Certification Form and is the form by which E- Rate applicants request discounts for eligible products and/or services. This form is required to be filed annually during the Form 471 application window.

Form 472

Form 472 is the Billed Entity Applicant Reimbursement (“BEAR”) Form, which is used by the Billed Entity to request E-Rate discount reimbursement for eligible products/services received on or after the effective date of discounts and already paid for by the applicant.

Form 473

E-Rate service providers file an FCC Form 473 (Service Provider Annual Certification (“SPAC”)) to certify they are compliant with E- Rate rules. Service providers must have a SPAC Form on file for each funding year they participate in the E-Rate Program and for each Service Provider Identification Number (SPIN and/or Form 498 ID). This form is required by the program in order for invoices to be paid to the service provider.

Form 474

Form 474 is the Service Provider Invoice (“SPI”) Form to be completed and submitted by a service provider that has provided discounted eligible services to eligible schools and libraries, in order to seek universal service support in the amount of the discounts. The service provider must have provided the service and given a discounted bill to the applicant prior to submitting the FCC Form 474.

Form 486

Form 486 is the Receipt of Service Confirmation and Children’s Internet Protection Act and Technology Plan Certification Form that notifies USAC that the billed entity and/or the eligible entities that it represents is receiving, or has received, service in the relevant funding year from the named service provider(s).

Form 498

Form 498 is the Service Provider Identification Number and General Contract Information Form and is used to collect contract, remittance, and payment information for service providers that receive support from the federal universal service programs. If an applicant opts to use Form 472 for reimbursement of their approved discounts, they too are required to complete FCC Form 498.

Green Light Status A Green-Light Status indicates you have no delinquent bills that restrict you from conducting business with the FCC.

Internal Connections Internal Connections is a category of E-Rate support limited to the internal connections

(equipment and associated services) necessary to distribute broadband products and services to schools and public libraries.

These are broadband connections used for educational purposes within, between, or among instructional buildings that comprise LEAs, Public Charters, and SSS (a collection of school campuses) or throughout the public areas of a library.

Local Area Network (“LAN”)

Local Area Network is a network that connects computers and other devices in a relatively small area, typically a single building or a group of buildings.

Local Education Agency(ies) (“LEA(s)”)

LEA(s) is the term used to collectively refer to all Tennessee public school districts, the Department of Children’s Services, and library systems in the State of Tennessee.

Public Charter School(s) (“Public Charter(s)”)

Public Charter(s) are a publicly funded independent school established by teachers, parents, or community groups under the terms of a charter with a local Tennessee school district.

Red Light Status

A Red Light Status is a status that indicates a company has one or more delinquent bills that will prevent the company from conducting business with the FCC. If a company has one or more delinquent bills that were paid and are currently being processed, a Red Light Status will display.

Schools and Libraries Division (“SLD”) Division of USAC that administers the E-Rate Program.

Scope of Work (“SOW”)

A Scope of Work is the area in an agreement where the work to be performed is described.

The SOW should contain any milestones, reports, deliverables, and end products that are expected to be provided by the performing party. The SOW should also contain a timeline for all deliverables.

Universal Service Administration Company

(“USAC”)

USAC is an independent, not-for-profit corporation created by the FCC to administer the four (4) universal service programs (Schools and Libraries, Rural Health Care, Lifeline, and High Cost), which help provide communities across the country with access to affordable telecommunications 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. RFQ Issued October 20, 2025

2. Disability Accommodation Request Deadline 2:00 p.m. October 23, 2025

3. Pre-Response Conference 10:00 a.m. October 27, 2025

4. Notice of Intent to Respond Deadline 2:00 p.m. October 28, 2025

5. Written “Questions & Comments” Deadline 2:00 p.m. November 3, 2025

6. State response to written “Questions & Comments” December 5, 2025

7. RFQ Response Deadline 2:00 p.m. December 12, 2025

8. State Completion of Technical Response Evaluations January 5, 2026

9. RFQ Catalog Pricing Opened (ONLY for the apparent successful Respondents) 2:00 p.m. January 12, 2026

10. RFQ Negotiations (if applicable) January 13-January 15, 2026

11. State Notice of Intent to Award Released and RFQ Files Opened for Public Inspection January 16, 2026

12. End of Protest Period January 23, 2026

13. State sends contract to Contractor for signature January 26, 2026

14. Contractor Signature Deadline 2:00 p.m. January, 28 2026

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. Catalog Pricing:

3.1.4.1. The Catalog Pricing must be recorded on an exact duplicate of RFQ

Attachment D, Catalog Pricing. 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, Catalog Pricing and must NOT record any other rates, amounts, or information.

3.1.4.3. The costs 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 Catalog Pricing.

3.1.4.5. A Respondent must submit the Catalog Pricing to the State as a digital document “XLS” or “XLSX” via the State-provided format and 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:

Jordan Jackson | Sourcing Specialist Central Procurement Office Tennessee Tower, 3rd Floor 312 Rosa L. Parks Ave.

Nashville, TN 37243

(615) 253-7825 Jordan.T.Jackson@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. Digital Media Submission

3.3.2.1.1. Technical Response

The Technical Response document should be in the form of one

(1) digital document in “PDF” format properly recorded on its own otherwise blank, standard USB flash drive and should be clearly identified as the:

“RFQ #33101-26006FAS5 TECHNICAL RESPONSE ORIGINAL”

and ONE (1) digital copies of the Technical Response each in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, standard USB flash drive clearly labeled:

“RFQ #33101-26006FAS5 TECHNICAL RESPONSE COPY”

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

3.3.2.1.2. Catalog Pricing:

The Catalog Pricing should be in the form of one (1) digital document in “XLS” or “XLSX” via the State-provided format properly recorded on a separate, otherwise blank USB flash drive clearly labeled:

“RFQ #33101-26006FAS5 CATALOG PRICING”

An electronic or facsimile signature, as applicable, on the Catalog Pricing is acceptable.

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.

mailto:Jordan.T.Jackson@tn.gov

Both the subject and file name should be clearly identified as follows:

“RFQ #33101-26006FAS5 TECHNICAL RESPONSE”

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

3.3.2.2.2. Catalog Pricing:

The Catalog Pricing should be in the form of one (1) digital document in “XLS” or “XLSX” via the State-provided format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should be clearly identified as follows:

“RFQ #33101-26006FAS5 CATALOG PRICING”

An electronic or facsimile signature, as applicable, on the Catalog Pricing is acceptable.

3.3.3. For e-mail submissions, the Technical Response and Catalog Pricing 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 #33101-26006FAS5 TECHNICAL RESPONSE

FROM [RESPONDENT LEGAL ENTITY NAME]”

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

“DO NOT OPEN… RFQ #33101-26006FAS5 CATALOG PRICING FROM

[RESPONDENT LEGAL ENTITY NAME]”

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

“RFQ #33101-26006FAS5 SEALED TECHNICAL RESPONSE & SEALED

CATALOG PRICING 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:

Jordan Jackson | Sourcing Specialist Central Procurement Office Tennessee Tower, 3rd Floor 312 Rosa L. Parks Ave.

Nashville, TN 37243

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); or

3.4.6. 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 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 #33101-26006FAS5 in all communications relating to this solicitation, and direct any such communications to the following person designated as the Solicitation Coordinator:

Jordan Jackson | Sourcing Specialist Central Procurement Office Tennessee Tower, 3rd Floor 312 Rosa L. Parks Ave.

Nashville, TN 37243

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 1.3.).

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

4.1.4.2. 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 Central Procurement Office Department of General Services WRS 312 Rosa L. Parks Avenue Tennessee Tower, 3rd Floor Nashville, TN 37243-1102

(615) 741-3836 Helen.Crowley@tn.gov mailto: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.”

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 RFQ that are trade secrets, as defined under Tenn. Code Ann. § 47-25- 1702 and applicable law. By submitting a response to this RFQ, 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 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 https://tntap.tn.gov/eservices/_/#1 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 two-part process: (1) Qualification of Technical

Responses; and (2) Review of Catalog Pricing (not evaluated).

5.2. Qualification of Technical Responses: Technical Responses will be short-listed for further evaluation, analysis or negotiation if they are apparently responsive, responsible, and within the competitive range (“Competitive Range”). A Technical Response will be deemed within the Competitive Range based on the following criterion:

The combined total score from the RFQ Attachments B and C must be a minimum of 75 points to be in the Competitive Range. All Respondents with a score of 75 or above will be considered for contract award.

Phase I: The State will evaluate the Mandatory Requirements set forth in RFQ Attachment

A on a pass/fail basis.

Phase II: Following the Phase I evaluation, the State will apply a standard equitable evaluation model, which will represent a qualitative assessment of each response. Each response will be scored by Evaluation Team members according to the Technical Response & Evaluation Guides (See RFQ Attachments B & C).

The Solicitation Coordinator will total the average score from the evaluation team for each responsive and responsible Respondent’s Technical Response Points for RFQ Attachments B & C to determine which of the Respondents are considered Qualified and within the Competitive Range.

Phase III: The Solicitation Coordinator will calculate the sum of the Technical Response section scores and record the resulting number as the total score for the subject Response. Any Respondent who meets minimum scoring criteria will be eligible for a contract award.

5.3. Catalog Pricing: Respondents must submit a catalog pricing with proposed pricing per deliverable. The catalog pricing will not be scored, but responses without catalog pricings may be deemed non-responsive. The catalog pricing will be incorporated into awarded contracts to set pricing for LEAs, Public Charters, and SSS purchasing from Contractors qualified through this RFQ. See RFQ Attachment D, Catalog Pricing. Catalog pricing will only be opened for Respondents who meet the minimum combined score of 75 for Sections B and C.

5.4. Clarifications and Negotiations: The State reserves the right to award a contract 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 the apparent best-evaluated responses using the scoring provided by the Proposal Evaluation Team. (To effect contract awards to Respondents other than the ones receiving the minimum score or above identified in Section 5.2, the Solicitation Coordinator must provide written justification and obtain written approval of the Chief Procurement Officer and the Comptroller of the Treasury.)

5.6.2. The State reserves the right to make awards without further discussion of any response.

5.6.3. 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.

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

5.6.4. The Respondents 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

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) 70 the RFQ Attachment G, pro forma contract. The Respondents 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.

5.6.5. 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.

5.6.6. 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 #

(Responden t 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 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.

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Responden t completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

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

ATTACHMENT B

TECHNICAL RESPONSE & EVALUATION GUIDE

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 NAME:

Response Page

(Respondent 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.

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.

RESPONDENT LEGAL

ENTITY NAME:

Response Page

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

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 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

(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 a statement of whether or not the Respondent has any current contracts with the State of Tennessee or has completed any contracts with the State of Tennessee within the previous five-year period. If so, provide the following information for all current and completed contracts:

RESPONDENT LEGAL

ENTITY NAME:

Response Page

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

(a) the name, title, telephone number and e-mail address of the State contact responsible for the…