BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO N. Shady Retreat Road Doylestown, PA 18901

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1 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO N. Shady Retreat Road Doylestown, PA BID #08-807, INTERNET SERVICES SUBMISSION DATE AND TIME: OPENING DATE AND TIME: Tuesday, December 4, 1:30 PM Tuesday, December 4, 1:30 PM DESTINATION FOR DELIVERY OF PROPOSAL: Bucks County Schools Intermediate Unit No. 22 Bid Department 705 N. Shady Retreat Road Doylestown, PA Bids shall be delivered sealed and plainly marked on the outside of envelope: BID #08-807, Internet Services BID INFORMATION CONTACTS: General Bidding Conditions: Bucks County Intermediate Unit No. 22 Attn: Ms. Patricia Vitale, C.P.M., Director, Purchasing/Facilities Services (215) , ext Internet Services Bidding Conditions: Bucks County Intermediate Unit No. 22 Attn: Mr. Seymour Joseph (215) , ext sjoseph@bucksiu.org VENDOR INFORMATION Company Name Contact Person Phone Number Fax Number address 1

2 BID SUBMISSION FORM Ms. Andrea DiDio, Secretary Bucks County Schools Intermediate Unit No. 22 Board of Directors 705 N. Shady Retreat Road Doylestown, Pennsylvania Dear Ms. DiDio: The undersigned vendor proposes and agrees to furnish the Bucks County Schools Intermediate Unit #22 one or more of the listed service(s) at the prices specified on the attached sheets. This bid is subject to all the specifications, terms and conditions of the bid request and, if selected, we hereby agree to furnish the service(s) awarded in exact accordance with these specifications and at the price(s) stated. I further certify that my company is not subject to the FCC s Red Light Rule. Company Name: Address: City State, Zip: Authorized Name and Title: (Print) Authorized Signature: Contact Person: Phone Number: Fax Number: SPIN NUMBER: Before submitting bid, check the BCIU #22 Internet Website for addenda pertaining to this bid and list any addenda below. Addendum # Dated Addendum # Dated 2

3 ANTI-DISCRIMINATION CLAUSE (Section 755, Pennsylvania Public School Code) 1. In accordance with the provisions of the Pennsylvania Public School Code, the Contractor agrees: a. That in the hiring of employees for the performance of work under this contract, or any subcontractor hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed or color, discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform work to which the employment relates; b. That no Contractor, subcontractor, or any person acting on behalf, shall in any manner discriminate against or intimidate any employee hired for performance of work under this contract on account of race, creed, or color; c. That there may be deducted from the amount payable to the contractor under this contract, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated, in violation of the provisions of the contract; and, d. That this contract may be canceled or terminated by the Bucks County Schools Intermediate Unit #22 Board of Directors, and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this portion of the contract. 3

4 INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 62 Pa.C.S.A et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids. 2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid. 3. Bid rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid. 4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an affidavit must be submitted separately on behalf of each party. 5. The term complementary bid as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. 6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid. 4

5 NON-COLLUSION AFFIDAVIT State of : s.s. County of : Contract/Bid No I state that I am of (Title) (Name of my firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that: (1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. (2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor the approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit an intentionally high or noncompetitive bid or other form of complementary bid. (4) The bid of my firm 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 bid. (5), its affiliates, subsidiaries, officers, directors and employees are (Name of my firm) not currently under investigation by any governmental agency and have not in the last four 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, except as follows: (Indicate none if applicable.) I state that understands and acknowledges (Name of my firm) that the above representations are material and important, and will be relied on by the Bucks County Schools Intermediate Unit No. 22 Board of Directors when awarding the items for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Bucks County Schools Intermediate Unit No. 22 Board of Directors, of the true facts relating to the submission of bids for this contract. (Print Name of Authorized Person and Company Position) Signature of Authorized Person Sworn to and subscribed before me this day of, 20 My commission Expires Notary Public 2785K 5

6 SECTION 111 PUBLIC SCHOOL CODE AGREEMENT 1. This agreement is part of the agreement between the undersigned business person or entity and the Bucks County Schools Intermediate Unit No. 22(BCIU), for the sale of goods or the provision of services as an independent vendor or contractor. 2. The undersigned understands that vendors and independent contractors and their employees and their subcontractors' employees hired after that date shall comply with Section 111 of the Public School Code, Act 34, Act 114, Act 151 or similar legislation in the future, which provides, among other things, that a RESPONSE FOR CRIMINAL HISTORY RECORD CHECK, PENNSYLVANIA CHILD ABUSE HISTORY CLEARANCE and FBI FINGERPRINTING REPORT (new) must be obtained for each employee who could come into contact with school children, showing that such employees have not been convicted of certain crimes. A copy of the law is available upon request. 3. The undersigned agrees to submit a copy for the BCIU records, of the Response for Criminal History Record Check, Pennsylvania Child Abuse History Clearance and FBI Fingerprint Report for all its employees and its subcontractors' employees, if any, who will have direct contact with children, and further agrees to produce the originals of each of the above for the BCIU review prior to employment of any such individual. 4. It is agreed that the BCIU has no right of direct control over the hiring, retention, screening or assignment of employees, agents or officers of the undersigned, and further that the undersigned is responsible for compliance with this law. In addition, should any official or employee of the school be subject to any claim, proceedings, lawsuit, fine, civil penalty or other legal involvement arising from the neglect or failure of the undersigned, or its officers, agents or employees, to comply with said law, then the undersigned, as part of the consideration of doing business with the Local Education Agencies represented by the BCIU, hereby agrees to indemnify and hold harmless all such persons for all losses, including costs of counsel and all expenses incident thereto. 5. It is agreed that the foregoing obligation applies to employees and subcontractors of the undersigned who are assigned to this project at its beginning and to employees and subcontractors who are added at a later date, as well as any other person that the undersigned shall cause to perform any work or provide any service as part of the contract referred to above. Dated: 20 (Corporate Seal, If applicable) By: (Seal) (Proprietor, Authorized Officer or Partner) Witness or Attest: Business Name and Address of Vendor/Independent Contractor 6

7 HOLD HARMLESS AGREEMENT AND EVIDENCE OF INSURANCE 1. The vendor(s) receiving the award agree(s) to hold harmless and to indemnify the Board of Directors, officers, members and employees of the Bucks County Schools Intermediate Unit No. 22 for any and all expenses incurred for all claims arising from liability for bodily injury and property damage due to the vendor s negligence. 2. The vendor(s) receiving the award agree(s) to submit, within five (5) days after award, a certificate of insurance evidencing workers compensation, commercial general liability, automobile liability, excess liability and pollution liability insurance (with minimum limits outlined below) to the Bucks County Schools Intermediate Unit No. 22, Board of Directors, Attn: Patricia Vitale, C.P.M., Director of Purchasing/Facilities Services, 705 N. Shady Retreat Road, Doylestown, PA A. The certificate of insurance must indicate that the BCIU added as additional insured on the commercial general liability and automobile liability insurance policies and pollution liability. B. The insurance carriers must have a minimum Best s rating of A-, IX and be licensed to conduct business in the Commonwealth of Pennsylvania. C. The following coverages and minimum limits of insurance shall be maintained: 1. Workers Compensation Statutory limits as required by the State of Pennsylvania. 2. Commercial General Liability - including products/completed operations and contractual liability for the services and products provided. The limit of liability is to be not less than $1,000,000 per occurrence for bodily injury (including personal injury) and for property damage. 3. Automobile Liability including bodily injury and property damage. The limit of liability is to be not less than $1,000,000 per accident. 4. Excess Liability Limit of liability to be not less than $1,000,000 per occurrence//$3,000,000 aggregate. 5. Pollution Liability Limit of Liability shall be not less than $1,000,000 per accident. D. The Certificate of insurance must provide that the policies shown on the Certificate cannot be cancelled until after thirty (30) days written notice to the Certificate Holder, and if the expiration date of the policies occurs during the term of the awarded contract, a renewal certificate of insurance (with policy numbers) will be provided to the Bucks County Schools Intermediate Unit No. 22 Board of Directors, prior to the effective date of the renewal policies. The vendor hereby agrees to the above terms and conditions dated this day of, 20. Company Name: Print Name and Title of Authorized Person: Authorized Signature: 7

8 Bucks County Schools Intermediate Unit No N. Shady Retreat Road, Doylestown, PA BID #08-807, INTERNET SERVICES GENERAL BID INSTRUCTIONS AND CONDITIONS The Bucks County Schools Intermediate Unit number 22 (BCIU) is requesting proposals for Internet services to add, enhance and/or replace current Internet services. The Internet services are subject to the FCC's Universal Services Fund for Schools and Libraries E-Rate discount. All bidders must provide a current and valid Service Provider Identification Number (SPIN). This bid is intended to solicit proposals from qualified Internet services providers for a five (5) year contract. The BCIU will have the option to re-negotiate or re-bid this agreement upon sixty (60) days written notice to the awarded vendor if the BCIU finds it in its best interest. If no such notice is given then it is assumed that the service will continue uninterrupted. In addition, the BCIU may contract for other value-added services offered by the successful awarded bidder(s), as deemed appropriate. Overall, the BCIU expects that all providers shall meet our unique business and technical requirements. I. VALIDITY OF PRICING INFORMATION Prospective bidders are encouraged to respond to all or any part of this bid. The final selection of vendor(s) will be based on the BCIU's determination of the most cost effective and operationally efficient proposal to meet its needs. The successful awarded vendor must guarantee prices for the selected services throughout the contract length, and beyond, if the BCIU so desires. Failure to comply will result in forfeiture of the contract and appropriate penalty. The penalty will be 70% of the balance of the contract plus the acquisition cost (including installation, service fees, consultant fees, etc) needed to obtain an alternative service provider. Proposals will remain firm for a period of sixty (60) days from the date of opening to allow time for board approval and cannot be withdrawn during that period. Prices will remain firm from July 1, 2008 through June 30, The BCIU reserves the right to reject a vendor at any time prior to the signing of a contract if, in its sole discretion, it believes the vendor may be unable to successfully meet the needs and service requirements of the BCIU. The Board reserves the right to make award(s) on the basis of bids received for individual services to one or more vendors or as a whole to a single vendor if it will benefit the Board to do so. Further, the Board reserves the right to reject any or all ids, in whole or in part, and to waive informalities permitted by law. II. BID RECIPIENTS / RESPONSES This bid is available to all telecommunication service providers with demonstrated capabilities and history. All bid s must be received no later than Tuesday, December 4, 2007, at 1:30 PM at the Bucks County Schools Intermediate Unit #22, Attn: Bid Dept., 705 N. Shady Retreat Road, Doylestown, PA Proposals will be publicly opened at that time. Proposals must be submitted in a sealed 8

9 envelope plainly marked "BID #08-807, Internet services". Proposals shall be typewritten or legibly printed in ink and must include authorized signature of the bidder. The BCIU is tax exempt and, upon request, will issue an exemption certificate. Therefore, no state or federal sales tax will be charged. Order (s) placed as a result of this bid will imply a contractual obligation of the vendor to supply the service on the date of delivery as agreed. III. VENDOR INFORMATION REQUIREMENTS 1. In their response, vendors must provide information on their company s background. The BCIU will evaluate the vendor s stability and ability to provide services and resources to meet its needs. The information to be provided must include: How long the company has been in business Brief description of the company s operation (e.g. past history, present status, future plans, etc.) Company size and organizational structure Local support team Most recent audited financial statement 2. Client References: Vendors must provide the following information on at least three (3) current clients within the Philadelphia metropolitan area (Bucks, Montgomery, Chester, Delaware and Philadelphia counties) who are purchasing installation and Internet services similar to those required by the BCIU: contact name, site location, services being purchased, and duration of contract. 3. Describe your past experiences with and references from the Education community and the Universal Services Fund (E-Rate), and any special offers that distinguish your services from other bidders. 4. Contract Terms and Conditions: Vendors must include any company contract terms and conditions, which may be applicable should the BCIU accept the bid and enter into a multi-year agreement and a statement as to whether the terms and conditions are negotiable. 5. Upon successful selection as the awarded vendor, a primary contact person will be provided to the Bucks County Schools Intermediate Unit #22 9

10 Introduction: The Bucks County Intermediate Unit #22 (BCIU) operates dozens of classrooms in buildings without existing Internet connectivity. This request for proposals is for Internet service provisioning for these locations scattered throughout Bucks County. The BCIU has requirements for several different types of Internet connections between remote classrooms and the Internet. Interested companies are welcome to submit proposals for any or all of the data network related services below. Where services at multiple speeds are solicited, a table showing onetime installation costs, and monthly repeating fees and per minute usage fees (if applicable) for each available speed of the service should be submitted by the interested vendor. If the cost of a service is dependent on the distance between end points, please also quote the cost per mile traveled. Specific services requested by the BCIU: INTERNET DIALUP The BCIU requests proposals for Countywide 56K V.90 (or better) dialup Internet PPP services with a range of TCP/IP addresses dedicated to the BCIU. Service may be provided as true countywide toll free or as a range of phone numbers distributed through the county to provide of dialup numbers with at least one being local (non-message unit) to any location within Bucks County. (Maximum simultaneous modem connections countywide = 23.) User Authentication for these connections will be done via the BCIUs Cisco ACS server, managed by the BCIU, which will communicate with the selected vendor s access server (using TACACS+ or RADIUS) via the Internet. This service must either provide Children s Internet Protection Act (CIPA) compliant web content filtering, which must be quoted as a separate line item with its own fee (for e-rate compliance), or must be able to leverage the Intermediate Unit s existing Websense-based filtering service or Redirect port 80 (http) traffic to the BCIU s existing filtering web proxy operating on an alternate port number to enable CIPA compliant filtering. INTERNET CONNECTIVITY AND ISP SERVICE TO BCIU REMOTE CLASSROOMS The BCIU requests proposals for data connectivity and ISP service between clusters of remote classrooms at various locations all over Bucks County, PA and the Internet at speeds greater than or equal to 512kbps. Please specify pricing levels for increasing bandwidth in whatever increments are appropriate for the technology you are quoting, up to approximately 6Mbps. Network delivery can be over DSL, Cable Modem Wireless or Fiber Optics. Internet provisioning must include either a range of static TCP/IP addresses (one for each classroom network device) or a single dedicated, static TCP/IP address translated using Network Address Translation (NAT) into a range of dynamic addresses to be shared by all the classroom computers. The BCIU is aware that not all services or speeds may be available at all service locations and that vendors can not guarantee service or speed availability without knowing specific service addresses. We are asking you to provide us with pricing for your service in locations where it can be delivered. The proposed service must either provide Children s Internet Protection Act (CIPA) compliant web filtering, which must be quoted as a separate line item with its own fee (for e-rate compliance), or be easily configured to Block port 80 (http) traffic or redirect it to the BCIU s existing filtering web proxy operating on an alternate port number. 10

11 Vendor Technical Requirements for Data and Internet Provisioning Services: (Exceptions to these requirements must be detailed in your proposal.) 1. The vendor s network operations center ( NOC ) should be staffed by at least one person at all times. This includes nights, weekends, and holidays; (365 days x 24 hrs). Response by the vendor shall be made within one (1) hour of any network failure by phone and or page including weekends and holidays. 2. Vendors of Internet Service should provide unlimited access to standard Internet services such as the WWW, Gopher, Archie, Usenet News Groups, etc. without limits, filters, port blocking, censorship programs, or restrictions unless such filtering is specifically requested by the contracting organization. 3. Vendors of Internet Service will provide multiple secondary DNS hosts. 4. Vendor will provide network operations center ( NOC ) and technical support phone access and staff contact names. Vendor s designated technical contacts or staff of NOC must be reachable by phone 24 hours a day 365 days a year. 5. Vendor will provide to the contracting organization within 48 hours of a request, a report of bandwidth utilization including error rates for all incoming and outgoing traffic. 6. Cost Quotations: Vendors should submit full information on fee schedules, one-time and on-going costs, the basis of fees and any supplemental information which will assist the BCIU in determining fixed and variable costs for the services to be provided. Vendors are encouraged to provide detailed and complete cost quotations. Cost will be one of several factors used to evaluate proposals. Costs for developing proposals are entirely the responsibility of the vendor. 7. Vendor shall provide 48 hours notifications of scheduled network outage by phone or Vendor shall provide to the BCIU a list of available bandwidth increments with pricing (one-time and repeating) for each. 11