Wide Area Network for MCSD

Muscogee County School District Columbus, Georgia

REQUEST FOR PROPOSAL

For

Wide Area Network (WAN) Services for

RFP NUMBER 22-021

For all questions about this RFP contact:

Aileen Arrighi, CPPB Senior Buyer

Muscogee County School District P.O. Box 2427, 2960 Macon Road

Columbus, GA 31902 706-748-2352

Fax 478-223-0199 arrighi.aileen@muscogee.k12.ga.us

RELEASED ON:

February 14, 2022

DUE ON:

March 11, 2022 @ 11:00 A.M. Eastern Standard Time

RFP #22-021

TABLE OF CONTENTS

PROPOSAL CHECKLIST

1.0 INTRODUCTION

1.1 OBJECTIVE – PURPOSE OF PROCUREMENT

1.2 BACKGROUND

1.4 RESTRICTIONS ON COMMUNICATIONS WITH STAFF

1.5 CONTRACT TERM

2.0 TERMS AND CONDITIONS

2.1 MUSCOGEE COUNTY SCHOOL DISTRICT RESERVES THE RIGHT TO:

2.2 PROPOSAL PERIOD

2.3 CONTRACT

2.4 EQUAL OPPORTUNITY POLICY

2.5 NON- COLLUSION CERTIFICATION

2.6 DEBARMENT CERTIFICATION

2.7 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 CERTIFICATION

2.8 INSURANCE

2.9 COMPLIANCE WITH LAWS

2.10 MUSCOGEE COUNTY SCHOOL DISTRICT REQUIREMENTS

2.11 FUNDING OUT CLAUSE

2.12 PAYMENTS AND PRICING

2.13 OPEN RECORDS

3.0 PROPOSAL SUBMISSION AND EVALUATION

3.1 PROPOSAL SUBMISSION

3.2 EVALUATION PROCESS

4.0 MANDATORY MINIMUM REQUIREMENTS

4.1 PROPOSERS BUSINESS QUALIFICATION REQUIREMENTS

4.2 SUBMISSION REQUIREMENTS

5.0 TECHNICAL PROPOSAL

5.1 EXECUTIVE SUMMARY

5.2 TABLE OF CONTENTS

5.3 COMPANY BACKGROUND AND EXPERIENCE

5.4 FINANCIAL STABILITY

5.5 BUSINESS LITIGATION

5.6 CONFLICTS OF INTEREST

5.7 EXCEPTIONS TO THE RFP

5.8 PROPOSED SERVICE SOLUTIONS

6.0 FINANCIAL PROPOSAL

7.0 PROPOSAL CERTIFICATION

8.0 PROPOSAL DOCUMENTS

PROPOSAL CERTIFICATION

FEDERAL WORK AUTHORIZATION CONTRACTOR AFFIDAVIT

FEDERAL WORK AUTHORIZATION SUBCONTRACTOR AFFIDAVIT

DEBARRED, SUSPENDED, AND INELIGIBLE STATUS

EXCEPTIONS OR DEVIATIONS TO SPECIFICATIONS

DISCLOSURE OF SUBCONTRACTORS AND SUBCONSULTANTS

REFERENCE & SIMILAR PROJECTS FORM

NO-BID RESPONSE

SAMPLE AGREEMENT FOR SERVICES

SERVICE DELIVERY POINTS (SDP)

CURRENT NETWORK DESIGN

FINANCIAL PROPOSAL

PROPOSAL CHECKLIST

This standardized checklist has been provided to assist the vendor with the submission of their Proposal package. This checklist cannot be construed as identifying all required submittal documents for this project.

Vendors remain responsible for reading the entire Proposal document to ensure that they are in compliance.

Proposals may be considered subject to rejection if, in the sole opinion of the District, there is a serious omission, unauthorized alteration of form, an unauthorized alternate Proposal, incomplete or unbalanced unit price, or irregularities of any kind.

□ Proposal Signature and Certification Form – all information completed and signed

□ Financial Form – signed

□ Federal Work Authorization Contractor Affidavit (if awarded)

□ Federal Work Authorization Subcontractor Affidavit (if awarded)

□ Exceptions or Deviations to Specifications – signed and/or information completed

□ Disclosure of Subcontractors, Subconsultants, and Suppliers – signed and/or information completed

□ Reference Request Form – list three (3) references of similar size and scope

□ W-9 – completed and signed (if not a District registered vendor)

□ Sample Contract – provide a sample contract intended to use if awarded the contract

□ Copy of Business License

□ Copy of Required/Applicable Licenses or Certifications per Specifications

□ Required Number of Copies of the Proposal.

1.0 INTRODUCTION

1.1 Objective – Purpose of Procurement

A. This Request for Proposal (RFP) aims to establish a high-capacity network for the Muscogee

County School District that links all schools and ancillary facilities of the District through a Wide Area Network (WAN) communication service.

In using this method for solicitation, we are requesting your best effort in seeking the greatest value for our requirements. To be eligible for consideration, sealed proposals shall be presented in accordance with the instructions of this solicitation and within the timeframe specified. It shall be the responsibility of the selected provider to meet all specifications and guidelines set forth herein, in addition to all applicable laws and regulations. Muscogee County School District (MCSD), at its discretion, determines the criteria and process whereby proposals are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by Muscogee County School District (MCSD).

B. The laws of the State of Georgia shall prevail concerning all purchases of products and services under this RFP and subsequent contract(s). Venue shall be in the court of competent jurisdiction in Columbus, Muscogee County, Georgia. Several Georgia statutes proscribe jurisdiction and venue for different types of cases that involve state agencies. Any provision that requires legal action that would require travel by MCSD employees likely violates the Constitutional provisions noted above.

C. Scope of Work

a. General

The Muscogee County School District (MCSD) intends to maintain a high-capacity reliable network linking all schools and District office sites through a digital Wide Area Network (WAN) communications service. If the vendor utilizes any subcontractors, it should be understood that the successful respondent will be the sole responsible party for all activities.

The District seeks a single provider to design, engineer, install, train, maintain and provide ongoing assistance for the District WAN. MCSD requires a high-speed digital communication service that is capable of:

• Unless otherwise noted, accommodating a link speed of 10 Gigabits per second (Gbps) between any District site and the MCSD Data Center Operations (located at Bradley Information Services, 1120 Bradley Drive, Columbus, Georgia) with the ability to upgrade link speed to 10 Gbps on a site-by-site basis.

• Expanding to new sites within well-defined cost and lead time parameters. See the Service Delivery Points (SDP) listed on Pages 40 through 47.

• Supporting low-latency connections (10 milliseconds or less) between the Network Operations Center (NOC) and any other Service Delivery Points (SDP).

• MCSD desires the ability to increase bandwidth in the future to meet demand. Proposals should describe the path needed to scale to a higher bandwidth option.

• Interoperating with existing and planned District WAN monitoring and management facilities.

• Connections at District sites shall be provided as 10 Gbps via fiber optics (SX/LX) from Bradley Data Center Operations location at 1120 Bradley Drive, Columbus, Georgia, to Service Delivery Points (SDP) as listed on Pages 40 through 47.

• Muscogee County School District is upgrading all campuses to support a 10 Gbps WAN connection. Service Delivery Points (SDP) on Pages 40 through 47 reflect the status of all sites at the release of this RFP but are subject to change as the project progresses. The proposed solution should support upgraded speeds if requested during the span of the contract.

• According to the Service Level Agreement, response to disruptions and outages with ready access to necessary technical staff and materials. An MTTR of 8 hours or less is expected.

• An assured level of service, equal to or greater than 99.99% calculated uptime for each WAN connection with continuous monitoring of all WAN connections between the Network Operations Center and Service Delivery Points.

• Onsite support for Customer Premise Equipment (CPE) within 4 business hours.

• The vendor shall provide pricing for both a managed, lit fiber solution and a dark fiber solution.

• The circuits shall be capable of carrying multiple data services such as computer networks, Voice over IP, digital video, etc.

b. Implementation Phases

• The implementation of the services described in this RFP must be phased and scheduled to coincide with the district’s needs.

• The awarded vendor will be responsible for working with the current network provider to produce a transition plan to phase in all active sites in the District with negligible downtime or outages limited to weekends or evenings as to not impact normal school business.

• Service Providers are required to submit with their responses an installation transition plan and timeline that details the process and the milestones of the installation. The Service Delivery Points (SDP) contain a list of the names, addresses, and existing equipment at each of the district sites requiring connections.

c. Security

• Confidentiality-All information transmitted over the WAN being provided is private and protected and shall be kept confidential and shall not be made available to any individual or organization by the Service Provider. This includes any network demographic and SNMP information on how the network provided is utilized by MCSD including bandwidth utilization statistics, etc.

• The Service Provider shall protect the district information during transmission from disclosure to unauthorized persons.

• The Service Provider shall provide confidentiality protection for sensitive information maintained in the network such as performance statistics and network vulnerabilities.

• For some services, the District may use cryptographic techniques for encryption of user information only. The Service Provider’s District WAN infrastructure shall be required to support the transmission of all encrypted information in a transparent manner.

• Data Integrity-The Service Provider shall protect the District information during transmission through the service from unauthorized modification, interception, and reception. Failure to provide Data Integrity will result in MCSD taking any actions allowed under local, state, and federal laws. In addition, it will be cause for MCSD to cancel the contract and seek damages.

• Denial of Service-The Service Provider shall proactively protect against malicious threats that deny service and thus reduce the availability of the contracted service by providing mechanisms to protect the switching and network management systems from unauthorized or unexpected user actions, unauthorized intrusions, and other perceived threats.

• Identification and Authentication-The Service Provider shall provide mechanisms to identify and authenticate Service Provider personnel and District personnel who are authorized to access network management information.

• Access Control-The Service Provider shall provide access controls to protect the network management systems and switching systems from attacks via publicly accessible ports on “end” devices such as routers and packet switches.

• Alarms and Audit Trails-The Service Provider shall be responsible for identifying, reporting, and resolving all security violations and breaches within the District WAN service. The Service Provider shall report all security breaches to the District. The Service Provider shall assist the District in any criminal investigations resulting from a security breach.

• The Service Provider shall provide audit and alarm mechanisms that log all security-related events and report critical events to the District immediately. The Service Provider shall maintain these audit trails for one year; however, the District may request that audit trails be maintained longer or turned over to the District, at no additional cost.

• Ongoing Security Improvements-The Service Provider shall work with the District on an ongoing basis to certify and enhance the strength of security. A security plan shall describe security enhancements to the security of the network and shall be updated at least annually after the contract is awarded.

d. Billing

• All charges for the WAN service must be provided monthly with separate billing for non-e-rate eligible sites.

• Cost for WAN service should be based on the underlying bandwidth provided but should be independent of SDP location.

• At MCSD’s request, the Service Provider shall provide complete, detailed billing information with the ability to associate charges to a single identified SDP.

• The Service Provider must provide a sample bill that will indicate how each circuit installed in a site will be indicated and how the charges will be presented.

e. E-rate

• The Federal Communications Commission (FCC) adopted rules on May 7, 1997, implementing section 254 of the Telecommunications Act of 1996 that provides telecommunications discounts for K-12 schools and public libraries. The rules were incorporated into the FCC’s Universal Service Order (CC Docket No. 96-45). The Order ensures that all eligible schools and libraries have affordable access to modern telecommunication services, internal connection, and the Internet. This Universal Service discount program is popularly known as the “E-Rate” Discount Program in the school and library communities. See http://www.sl.universalservice.org for more information about the program.

• Under the Universal Service Program, Muscogee schools are eligible for a discount on internet services, telecommunication services, and internal network infrastructure and on the maintenance of all E-Rate eligible items. To be eligible, the District must have an approved technology plan and use a competitive process for obtaining goods and services. In addition, the District must follow procedures required by the Schools and Libraries Division of the Universal Service Administrative Company, which oversees the implementation of the Universal Service provisions of the Telecommunications Act of 1996. As required by the E-Rate program, price will be the largest, but not sole consideration.

1.2 Background

A. The Muscogee County School District is the public school system serving the Columbus, GA area. There are currently 57 schools and alternative centers educating over 30,000 students.

The Muscogee County School District is the area’s largest employer-after neighboring Ft.

Benning-with approximately 5,000 employees.

B. All students have access to computers and the Internet. Internet access follows Children’s

Internet Protection Act (CIPA) requirements.

C. Our current WAN service allows classrooms and buildings throughout the District to connect to the internet via the MCSD Bradley Data Center facility (located at 1120 Bradley Drive, Columbus, Georgia).

1.3 Schedule of Events

This Request for Proposal will be governed by the following schedule:

February 14, 2022 Release of RFP

February 22, 2022

Deadline for Written Questions http://www.sl.universalservice.org/ http://www.sl.universalservice.org/

February 24, 2022 Answers to all Written Questions Posted on the MCSD Website

March 11, 2022 at 11:00 AM Eastern Standard

Time

Proposals Due

To Be Determined

Oral Presentations (if required)

April 2022

Contract Awarded (at Board Meeting)

To Be Determined Contractor Begins Work

1.4 Restrictions on Communications with Staff

A. All questions about this RFP must be directed in writing to:

Aileen Arrighi, CPPB Senior Buyer Muscogee County School District P.O. Box 2427 2960 Macon Road Columbus, GA 31902 Office: 706-748-2352, Fax 478-223-0199 arrighi.aileen@muscogee.k12.ga.us

B. No other MCSD employee shall be contacted regarding this RFP. The school district reserves the right to reject the proposal of any proposer violating this provision. If any vendor finds discrepancies or omissions in this RFP or is in doubt as to the meaning of a particular requirement, submit notifications and questions in writing or via e-mail for interpretation, correction, or clarification. Only written questions and written answers regarding this RFP shall be binding. Answers will be posted to the MCSD website after that date.

C. Procedures for formal protests of RFPs are available at www.muscogee.k12.ga.us> Vendors

> Additional Information.

1.5 Contract Term

A. The initial contract term is for three years, from July 1, 2022 through June 30, 2025.

Renewals shall be based on the fiscal year and shall depend upon funding, contractor performance, and agreement by both parties.

B. In compliance with State of Georgia law, O.C.G.A. 20-2-506, the contract shall terminate absolutely and without further obligation at the close of the calendar year. The contract shall automatically renew, unless positive action is taken by the school system, and shall terminate at the end of the contract period.

http://www.muscogee.k12.ga.us/

C. Georgia law at OCGA s 20-2-506 contains very specific provisions regarding the limited authority of school boards to enter into contracts whose terms could financially obligate future boards of education. Boilerplate or standard termination clauses, therefore, are often problematic for the MCSD. A board of education cannot unreasonably financially obligate a future board of education. The terms of the law will be summarized below, as a thorough discussion of the requirements is outside of the scope of this document. Under certain conditions, school systems may enter into multi-year lease, purchase, or lease-purchase contracts, and these contracts may be used to acquire construction project sites or buildings, or for other purposes. Each such contract must terminate at the end of the calendar year in which the contract was entered into, and at the end of each succeeding calendar year. The contract may provide that it shall be automatically renewed for each successive year unless the school system takes affirmative steps to terminate the contract. The contract must contain a clear statement of the school system’s total financial obligation for the original and each succeeding calendar year. Except for guaranteed energy savings contracts, the total value of all such contracts for any calendar year may not exceed 7.5 percent of the total local revenue collected in the most recently completed fiscal year. Failure to comply with the specific requirements of the code section can make the contract void.

2.0 TERMS AND CONDITIONS

2.1 Muscogee County School District Reserves the Right to:

A. Waive formalities and technicalities in any proposal.

B. Reject any and/or all proposals wherein its judgment will be in the best interest of the school district.

C. Accept the proposal that in its judgment will be in the best interest of the school district.

D. At its option, award on an individual component or a lump sum basis.

E. Award this contract to the vendor who in the school district’s opinion is most responsive and responsible, and will perform in the best interest of the school district.

F. Cancel or amend this RFP prior to the proposal due date. All amendments and additional information will be posted to the Muscogee County School District website at www.muscogee.k12.ga.us. Proposers are encouraged to check this website frequently.

G. Determine whether or not a product is equal or equivalent to specifications.

H. Retain proposals and all submitted documentation.

2.2 Proposal Period

A. All proposals must be valid for at least 90 days after the proposal due date.

B. A submitted proposal may be withdrawn prior to the due date by a written request to the Director of Purchasing. A request to withdraw a proposal must be signed by an authorized individual from the vendor’s company.

C. The cost for developing and delivering the proposal is the sole responsibility of the proposer.

2.3 Contract

A. The proposer shall provide a sample contract which they intend to use if awarded the contract. After the award, the winning proposer shall be required to enter into discussions with the school district to resolve any contractual differences. Failure to resolve contractual differences may lead to the cancellation of the award. The District will prepare and negotiate a contract with the selected Provider and give consideration, to the extent possible, to Vendor's standard contract and agreement.

B. The school district reserves the right to modify the contract to be consistent with the successful offer and to negotiate with the successful proposer other modifications, provided that no such modifications affect the evaluation criteria set forth herein, or give the successful proposer a competitive advantage.

C. The contractor shall notify the Muscogee County School District in writing if sub-contractors will be used. The contractor shall list that part of the work the sub-contractor is to furnish or perform and assume complete responsibility for such subcontractor's portion.

D. A form W-9 must accompany all contracts. All payments will be subject to backup withholdings of 28% if a correct W-9 is not provided. All contracts and invoices must reflect the official name as registered with the IRS.

E. If you are an independent contractor and are drawing retirement from the Georgia Teachers

Retirement System (TRS), you must identify that in your proposal. If any of your employees are drawing retirement from the Georgia Teachers Retirement System, you must identify them and their duties, responsibilities, and relationships as they apply to the goods and services your company will provide to the Muscogee County School District. MCSD will enter into this contract with your company and not with any individuals employed therewith.

If you employ individuals who are Georgia TRS retirees, you are responsible for any and all penalties and interest assessed by TRS. You shall indemnify and hold harmless MCSD, its officers, officials, representatives, agents, and employees, from and against any and all claims.

2.4 Equal Opportunity Policy

Vendors shall abide by the school district’s non-discrimination policy (DJED). The vendor/contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, or national origin. The vendor shall take appropriate action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, handicap, or national origin. Such action shall include, but shall not be limited to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation, and training. It is the further policy of the Board to ensure equal opportunity for minority-owned businesses and minority professionals with regard to all work, services, and supplies purchased by the Board and all construction projects undertaken by the Board which are competitively bid by the Board.

2.5 Non- Collusion Certification

A. The proposer shall certify that the price(s) and amounts of this proposal have been arrived at independently and without consultation, communication, or agreement with any other contractor, proposer, or potential proposer. Neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, has been disclosed to any other firm or person who is a proposer or potential proposer, and they will not be disclosed before contract award. No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other forms of complementary proposal. The proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

B. The proposer, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any government agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. The proposer understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

2.6 Debarment Certification

The proposer shall certify and swear that neither this vendor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency.

2.7 Georgia Security and Immigration Compliance Act of 2006 Certification

The proposer shall certify that the proposer and any subsequent subcontractors have registered with and are participating in a federal work authorization program as outlined in the O.C.G.A. 13-10-91.

2.8 Insurance

The awarded contractors and sub-contractor(s) shall furnish to the MCSD a Certificate of Insurance showing compliance with the limitations listed herein. The Certificate of Insurance must be sent to the Muscogee County School District prior to commencement of work.

MCSD is a member of an interlocal risk management agency, the Georgia School Board Association (GSBA). GSBA Risk Management Services (RMS) offers protection through its group-self-insurance plans for workers’ compensation, property, and liability risks.

Provisions mandating the MCSD to purchase insurance, increase policy limits, or name the vendor or other third party as an additional insured party cannot be included in contracts with the MCSD.

A. COMPREHENSIVE GENERAL LIABILITY

Standard 1986 ISO (Insurance Services Office) Occurrence Form Bodily Injury - $1,000,000 Each Occurrence

- $2,000,000 Aggregate Property Damage - $1,000,000 Each Occurrence

- $2,000,000 Aggregate Or Bodily Injury/Property Damage - $2,000,000 CSL (Combined Single Limit) Each Occurrence/Aggregate

B. COMPREHENSIVE AUTOMOBILE LIABILITY

Including Owned, Non-Owned and Hired Vehicles – Bodily Injury/Property Damage - $2,000,000 CSL per Accident

C. WORKERS’ COMPENSATION

Georgia Statutory Coverage Employer’s Liability

- $500,000 Each Accident

- $500,000 Disease Policy Limit

- $500,000 Disease Each Employee

D. UMBRELLA/EXCESS (if appropriate)

$5,000,000 limit of liability each occurrence and aggregate

E. PROFESSIONAL LIABILITY (if appropriate) $1,000,000 per person Claims-Made Form must have a minimum of 30 Day Extended Reporting Period

F. Muscogee County School District must be shown as Additional Insured with respect to liability. Attach a copy of the policy Additional Insured endorsement or state on the certificate that the policy has been specifically endorsed to provide coverage, including Defense Cost Coverage for Muscogee County School District as an Additional Insured.

Professional Liability is excluded.

G. Insurance carriers must be rated A or better in the AM Best Guide.

H. Thirty (30) days Notice of Cancellation on all policies is required.

I. Provide a brief description of the service and anticipated dates on school property in the Description of Operations/Locations/Vehicles box.

J. Exclusions other than those found on the ISO Policy Form must be indicated.

K. The certificate must be signed by an authorized insurance representative.

L. The vendor, and any of the vendor’s sub-contractors, agrees to comply with the provisions of worker’s compensation laws of the State of Georgia. A certificate from an insurance company showing issuance of worker’s compensation coverage for the State of Georgia or a certificate from the Georgia Worker’s Compensation Board showing proof of ability to compensate directly shall be submitted to the Muscogee County School District prior to beginning the work.

M. It shall be stated on every policy or certificate of insurance, as the case may be, that “The insurance company agrees that Policy Number (insert the number) shall not be canceled, changed, or allowed to lapse until thirty (30) days after the Muscogee County School District has received written notice.”

N. The vendor further shall maintain such other insurance (with limits as shown below) that shall protect the vendor and Muscogee County School District from any claims for property damage or personal injury, including death, which may arise out of operations under this contract, and the vendor shall furnish the Muscogee County School District certificates and policies of such insurance as shown below.

O. Warranty – The contractor shall provide at least a one-year warranty indicating that the contractor will, at no cost to the Muscogee County School District, repair or replace new work which fails.

P. The contractor shall indemnify and hold harmless the Muscogee County School District, its officers, officials, representatives, agents, and employees, from and against any and all claims, demands, suits, loss, damage, injury, and liability, including cost and expenses incurred in connection therewith, resulting from, arising out of, or in any way connected with the performance of the contract, except where caused by the active negligence, sole negligence or willful misconduct by the Muscogee County School District. This hold harmless clause is in no way an admission of liability on the part of the Muscogee County School District, or any of its agents, representatives, or employees.

Q. The MCSD cannot enter into an agreement whereby it agrees to indemnify or hold harmless a vendor or other third party. This language typically looks like “agrees to hold harmless from any liability, personal injury, or property damage arising out of the performance…” There are three legal principles that come into play here. First, indemnification provisions have been held by Georgia courts to be an unauthorized attempt to waive the State’s sovereign immunity. An opinion of the Georgia Attorney General (AG) counsels that an unauthorized attempt to waive sovereign immunity through an indemnification agreement in a contract would be ultra vires and void. 1980 Op. Atty. Gen. 80-67. The Georgia Supreme Court has held that an indemnification clause is invalid where the governmental entity didn’t have express statutory authority to waive its sovereign immunity. CSX Transp., Inc. v. City of Garden City, 588 S.E.2d 688 (Ga. 2003). Second, an indemnification violates Georgia’s Constitutional ban on gratuities. The Georgia Constitution does not all any donation or gratuity or the forgiving of any debt owed to the public. Ga. Const. Art. III, s VI, Para VI (a).

The Georgia AG has issued an opinion expressly stating that indemnification provisions are gratuitous undertakings in violation of the gratuities clause. 1980 Op. Atty. Gen. 80-67.

Third, the Georgia Constitution does not allow the credit of the state to be pledged or loaned to any individual, company, corporation, or association. Ga. Const. Art. VII s IV Para VIII.

The AG has opined that the constitutional debt restriction does not allow any state agency from contractually agreeing to any indemnification or “hold harmless” clause. See 1980 Op., supra. An indemnification is open-ended in nature because, at the time of contracting, neither party knows if nor when it will be triggered. As such, it violates the debt restriction.

2.9 Compliance with Laws

The successful proposer shall procure all permits, bonds, and licenses, pay all charges, taxes, and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. All costs thereof shall be deemed to be included in the proposal price. The successful proposer shall, at all times, observe and comply with all Federal, State, City, and other laws, codes, ordinances, rules, and regulations in any manner affecting the conduct of the work.

2.10 Muscogee County School District Requirements

A. Muscogee County School District intends to continue some school business functions during the project. The contractor must coordinate the installation schedule with a representative from the school district. This project must not interfere with any school business function.

B. Proposers shall carefully examine the worksite to obtain first-hand knowledge of existing conditions.

C. School District Regulations – The contractor shall follow all applicable Muscogee County School District regulations while on Muscogee County School District property, including the no alcohol, no tobacco products, no weapons, no idling, and drug-free policies.

(1) Displays and/or verbiage, including those on vehicles, shirts, or hats of tobacco, illegal drugs, alcoholic beverages, firearms, profane or obscene language, or gestures, is prohibited in accordance with School Board Policies.

(2) No products or materials containing asbestos or lead-based paints in any form shall be used in the work of this contract.

(3) A safe separation of work areas and occupied areas is required.

(4) The Contractor shall comply with the Federal Clean Water Act.

2.11 Funding Out Clause

It is necessary that fiscal funding-out provisions be included in all contracts in which the terms are for periods longer than one year. Therefore, the following funding-out provisions are an integral part of this RFP and must be agreed to by all proposers. The Muscogee County School District may, during the contract period, terminate or discontinue the purchase of goods, services, or systems covered in this RFP at the end of the district’s then-current fiscal year and upon 30 days prior written notice to the contracted vendor. Such prior written notice will state:

• That the lack of appropriated funds is the reason for termination, and

• Agreement not to replace the items or services being terminated with items or services with functions similar to those performed by the items or services covered in this RFP from another vendor in the succeeding funding period.

The complete statement “This written notification will thereafter release the District of all further obligations in any way related to such goods, services or systems covered herein.”

must be included as part of any agreement with the District. No agreement will be considered that does not include this provision for “funding out”.

2.12 Payments and Pricing

A. The payment terms for the District are Net 30. Payment for any work from this contract shall be made upon receipt, inspection, and acceptance of completed work and receipt of proper itemized invoices.

B. The Muscogee County School District will not pay any penalties for late payment of invoices.

C. The District is exempt from state sales tax. All federal and state taxes and fees that can be eliminated in sales to public school systems in the State of Georgia should not be included in the proposed price.

D. Proposed prices shall include all charges to complete the work as specified. All deliveries are

FOB destination with the school district assuming ownership and liability at the final destination when the project is complete.

E. The District has determined issuing payment electronically is the preferred method of payment. The District reserves the right to remit payments using an electronic method in lieu of issuing a check at no additional cost to the District.

F. Payment of interest / late fees is prohibited by the gratuities clause of the Georgia constitution. Similarly, MCSD cannot enter into an agreement that requires it to pay attorney’s fees or goods/services not priced in the contract or authorizes the payment of unknown / unspecified cost increases that cannot be calculated.

2.13 Open Records

You are hereby notified by MCSD that it is the submitting party’s obligation to indicate whether any of the information submitted to MCSD constitutes a “trade secret” as defined by law and if so, what specific information constitutes a “trade secret.”

The Georgia Open Records Act, as amended in April 2012, requires that any “trade secret” information be designated as such at the time it is provided to a governmental agency. The Act further indicates that a failure to make such a designation may result in a waiver of the right to subsequently claim that such information is confidential or otherwise protected from public disclosure. OCGA 50-18-72 (a) (34).

Specifically, OCGA 50-18-72 (a) (34) states in material part:

“(a) Public disclosure shall not be required for records that are:

(34) Any trade secrets obtained from a person or business entity that is required by law, regulation, bid, or request for proposal to be submitted to an agency. An entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10. If such entity attaches such an affidavit, before producing such records in response to a request under this article, the agency shall notify the entity of its intention to produce such records as set forth in this paragraph. If the agency makes a determination that the specifically identified information does not, in fact, constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing. If the agency makes a determination that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure; “

3.0 PROPOSAL SUBMISSION AND EVALUATION

3.1 Proposal Submission

A. Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the proposer should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

B. The proposal must follow the sequence listed in the RFP. The proposal must be divided into two appropriately labeled separate documents – a Technical Submission and a Financial Proposal. Do not include cost information in the Technical Proposal.

C. Provide six (6) printed copies of the technical proposal with one clearly marked as

“ORIGINAL”. Provide ONE printed copy of the financial proposal. Provide ONE full digital copy of the proposal on electronic media such as a flash drive in PDF or Microsoft Word format. If there is a discrepancy between a hard copy submission and the companion digital submission, the hard copy will take precedence.

D. Proposals must be sealed and marked on the outside of the shipping package as follows:

Proposal #22-022 Wide Area Network (WAN) Services for Muscogee County School District Due: 03/11/22 at 11:00 a.m. EST

E. Submit the proposal to:

Purchasing Department P.O. Box 2427 Columbus, GA 31902

OR

2960 Macon Road Columbus, GA 31906 706-748-2349

F. Any proposal received after the due date and time will not be evaluated. The due date for this proposal is 03/11/2022 at 11:00 AM EST. The proposer has the sole responsibility to ensure that the proposal is delivered to the correct place by the proposal deadline. In order to protect the integrity of the Contracting process, proposals will not be disclosed until after award and signing of the Contract.

G. The delivery method of the proposal is by U.S. Mail, Private Mail Service Carriers, or

Personal Delivery to the above location only. Faxed and emailed proposals will not be accepted.

3.2 Evaluation Process

A. The evaluation of proposals received on or before the due date and time will be conducted in three phases. If a proposal does not meet the requirements of the Administrative Review phase, it will not be evaluated in future phases.

(1) Administrative Review: The Purchasing Department will review all proposals to determine if they meet the following requirements:

a. Submitted by the deadline

b. Separate technical submission does not include any information from the Financial Proposal

c. The Proposal Certification Signature Page has been submitted with the original signature

d. The Contractor Affidavit is submitted

e. Proposer indicates with a statement in the Executive Summary that the proposer meets the Mandatory Minimum Requirements listed in section 4.0 of this RFP

(2) Proposal Evaluation: Proposals which pass the Administrative Review will be evaluated and scored in categories and may receive a maximum of 1000 points.

a. Proposals will be scored according to the requirements listed in the

Proposal Requirements section (5.0) of this RFP and assigned maximum points as indicated in the table below.

b. The following are the maximum possible points of each category:

Merit Categories Maximum Points Percent

Financial Merit 300 30.0%

Prior experience with the MCSD 280 28.0%

Quality of the proposed solution 250 25.0%

Technical support 90 9%

Ability to meet installation deadline 80 8%

Total 1000 100%

The Proposal with the highest points will be adjusted up to a score of 1000. All other proposals will receive a prorated score calculated using the following formula:

P/H x (Maximum points available for Technical Proposal) = V

Where: P = Technical points of the proposal being adjusted

H = Original technical points of the highest-ranking proposal V = Assigned score for proposal being adjusted

(3) Financial Merit Evaluation

a. Proposers shall use only the Financial Merit Form provided with the RFP to supply pricing information.

b. Financial Merits can receive a maximum of 300 points (the number of points difference in the maximum technical score and 1000 points). The Financial Merit with the lowest cost will be awarded the full score of 300. All other Financial Merits will receive a prorated score calculated using the following formula:

L/P x (Maximum points available for Financial Merit) = V

Where: L = Total Cost of the proposal with the lowest cost P = Total Cost of the proposal being adjusted V= Assigned score for proposal being adjusted

B. The scores earned by each vendor for each step will be combined and the committee will review the combined score and make a recommendation to award to a vendor.

C. The final award of this proposal is contingent upon the approval of the Board of Education.

D. Selection of a successful proposal is not the end of the contractual process; further negotiation over the contract terms and conditions will be necessary, which, in and of itself, could change the Vendor of choice.

E. Vendors responding to the original RFP will be notified of their selection or non-selection after the date of Vendor selection.

4.0 MANDATORY MINIMUM REQUIREMENTS

4.1 Proposers Business Qualification Requirements

A. Proposer is licensed to do business in the State of Georgia, is in good standing with federal, state, and municipal jurisdictions to conduct business with the District, and is not under investigation or engaged in litigation that would hinder the conduct of business.

B. Proposer has presently, or will have at the time of implementation, the professionals, technicians, and supporting staff necessary to deliver the proposed goods, services, and systems.

C. Proposer has presently, or will have at the time of implementation, the required licenses, certifications, and subject matter knowledge to deliver the proposed goods, services, and systems.

D. The proposer must be able to provide all required services in an equitable fashion through the District.

E. The proposer must be fully capable of delivering a solution inclusive of all required services described herein as a part of their proposed solution.

4.2 Submission Requirements

A. The proposer must submit a Technical Proposal organized according to the sequence defined in this RFP and detailing the proposed approach to performing all of the services requested under Section 5.0.

B. The proposer must submit a Financial Proposal using the provided form.

C. The proposer must submit a sample contract.

D. The proposer must submit a completed Certification Page.

E. The proposer must submit a completed Contractor Affidavit Form.

5.0 TECHNICAL PROPOSAL

This section identifies the information which must be submitted in the Technical Proposal. Proposer must demonstrate their ability to satisfy all Qualification and Technical Requirements as stated in the Scope of Work as well as detail their plan to perform the required services. The Technical Proposal must be structured in the following sequence and labeled with the corresponding titles stated below using the same outline numbers. Present factual assumptions used to develop the proposal. Offering to meet the requirements of the RFP or reference to the RFP will be considered incomplete. Each representation of fact or future performance will be incorporated into the contract as a warranty by the respondent.

5.1 Executive Summary

Include an abstract, stating the proposer’s understanding of the nature and scope of the goods and services required and a brief demonstration of the capability to comply with all terms and conditions of this RFP. Include the company name and address and the name, address, and telephone number of the person acting as the contact for matters concerning the proposal and the person who will be authorized to make legal representations. The letter is to be signed by an officer or agent of the proposer who is authorized to legally bind the Vendor. It is necessary for each proposer to include a written statement that they understand and meet the mandatory minimum requirements (Section 4.0) as a part of the proposal, including specific information as necessary to demonstrate satisfaction of each requirement.

5.2 Table of Contents

The Table of Contents and proposal will conform to the order, headings, and sub-headings of this RFP as appropriate.

5.3 Company Background and Experience

Proposer will describe their background, relevant experience, and qualifications. Include the following proposer Information:

• Company name, parent company name

• Address, city, state, and zip of business offices

• Type of ownership

• State of incorporation

• Primary project contact name, title, phone, email, address, city, state, and zip

• Federal Tax ID number

• Do you own or lease your current business properties?

• List other business locations including addresses

Include the following descriptive information:

• State the nature and scope of the business

• A brief history of the business

• Length of time the company been licensed to do business

• Size of the organization

• A brief organizational chart showing the positions that will be involved with this project – detailed information of the background, certification, experience of these key personnel

• State the business philosophy and mission statement

• Briefly describe the three most similar contracts, preferably K-12 educational or other governmental agencies, or related engagements that the proposer is currently engaged in or has completed within the past two years. Provide for each reference the customer name, contact name, title, telephone number, and contract dates.

Describe other qualifications that may be used to assess the proposer’s capabilities. Please note that the District recognizes that the information requested may not apply in full to the goods, services, or systems in this RFP, but the highest point levels will be awarded to those proposals where the respondent has clearly described additional reasons that the District may consider in establishing an enhanced and more productive business partnership.

5.4 Financial Stability

The proposer will provide financial information that would allow proposal evaluators to ascertain the financial stability of the firm.

A. If a public company, the proposer will provide their most recent audited financial report.

B. If a private company, the proposer will provide a copy of their most recent internal financial statement, and a letter from their financial institution, on the financial institution’s letterhead, stating the proposer’s financial stability.

5.5 Business Litigation

The proposer will disclose any involvement by the organization or any officer or principal in any material business litigation within the last five (5) years. The disclosure will include an explanation, as well as the current status and/or disposition.

5.6 Conflicts of Interest

Address the potential, if any, for conflict of interest.

5.7 Exceptions to the RFP

Note any exceptions to the requirements and conditions in this RFP where applicable. If exceptions are not noted, the District assumes that the Vendor’s proposals meet the stated requirement and any discovered deviation will result in disqualification of the proposal.

5.8 Proposed Service Solutions

The evaluation process will award the highest point levels to responses that most definitively and completely describe the aspects of the proposed service delivery.

1. The awarded Service Provider shall be responsible for all aspects of service quality, interconnectivity, and interoperability between SDPs. Each service level parameter is defined in terms of the minimum acceptable level of performance for the service and the minimum assured level of service. Service Level Agreements are for each SDP individually. Provide an example of the SLA that will be used for this contract.

2. Service Provider must maintain a complete database of all service delivery parameters for the entire term of this contract. Provide an example of the database that will be used for this contract.

3. Technical Support:

The Service Provider must:

a. Make consultation service available 24 hours/day, 365 days/year through e-mail and a toll-free or local access phone line. This service will provide a same-day response to questions about support. Describe the consultation services to be provided in the contract.

b. Maintain a 24x7 Network Operation Center (NOC). The NOC will have a toll-free telephone answered by a live person. Provide a description of the NOC and give a telephone contact number.

c. Assure that a single network disruption or outage of a link shall not exceed 8 hours in length. Describe how an outage and upgrade will be handled in the contract.

d. Provide a detailed description of how the network will be monitored and measured for performance.