REQUEST FOR PROPOSALS (RFP) Non-Professional Goods and Services ISSUE DATE: APRIL 17, 2015
RFP No. 15121
TITLE: Communication Data & Telephone Circuits
COMMODITY CODE: 920-37
ISSUED BY: City of Chesapeake Purchasing Division 306 Cedar Road, 5th Floor Chesapeake, Virginia 23322
USING DEPARTMENT: City of Chesapeake Dept. of Information Technology 300 Shea Drive Chesapeake, Virginia 23322
PERIOD OF CONTRACT: This contract shall be effective for one (1) year From Date of Execution with four (4) optional one (1) year renewals. SEALED PROPOSALS W ILL BE RECEIVED UNTIL 5:00 P.M. EDT, MAY 19, 2015 For Furnishing The Services Described herein. Proposals should contain One (1) complete original hardcopy, bound, and Five (5) bound copies. Any proprietary/confidential information shall be submitted in a separate binder. Offerors shall also submit proposal with proprietary/confidential information redacted on a thumb drive or CD in addition to bound copies in the numbers listed above. Offerors are prohibited from contacting City employees except for the Specialist named in this solicitation. All Inquiries for Information should be directed to Jeff Lowe, Procurement Specialist II, via Email only at [email protected]
. All questions shall be submitted via email before 3:00 p.m. EDT, May 4, 2015. If necessary, an addendum will be issued and posted on the City website at: www.CityOfChesapeake.net IF PROPOSALS ARE MAILED, SEND DIRECTLY TO THE PURCHASING DIVISION AT THE ADDRESS SHOWN ABOVE. IF HAND DELIVERED, DELIVER TO: City Hall, Purchasing Division, 306 Cedar Road, 5th Floor, Chesapeake, VA, 23322. IMPORTANT: OFFERORS SHALL RETURN THE ENTIRE RFP WHEN SUBMITTING THEIR PROPOSAL. OFFERORS ARE ALSO CAUTIONED NOT TO MAKE CHANGES TO THE SPECIFICATIONS OF THIS SOLICITATION. THIS MAY RENDER THE PROPOSAL NON-RESPONSIVE.
In Compliance With This Request for Proposal And To All The Conditions Imposed Therein And Hereby Incorporated By Reference, The Undersigned Offers, And Agrees To Furnish Services requested in the solicitation THIS SECTION TO BE COMPLETED BY OFFEROR.
NAME AND ADDRESS OF FIRM: ________________________________________________
(Signature In Ink) (Please Print)
____________________________Zip Code: ___________ Title: ____________________________________ FEI/FNT NO:_____________________PHONE_________________FAX________________________ EMAIL:____________________________________ WEBSITE:____________________________
*****Please indicate where you found this solicitation: DEMANDSTAR ___________ eVA __________ 1
Table of Contents
SECTION I A. PURPOSE ...................................................................................................................................... 3 B. ISSUING OFFICE ......................................................................................................................... 3 C. CONTACT INFORMATION ........................................................................................................ 3 D. DEADLINE FOR SUBMISSION OF PROPOSALS .................................................................... 3 E. QUESTIONS AND ADDENDA ................................................................................................... 3 F. CHANGES IN THE REQUEST FOR PROPOSALS .................................................................... 3 G. PROPOSAL PREPARATION GUIDANCE ................................................................................. 4 H. SUBMISSION OF PROPOSALS .................................................................................................. 4 I. CONTRACT TERM ...................................................................................................................... 5 J. DISPOSITION OF PROPOSALS ................................................................................................. 5 K. DISCLOSURE ............................................................................................................................... 5 L. COST INCURRED IN RESPONDING ......................................................................................... 5 M. PRIME CONTRACTOR RESPONSIBILITIES............................................................................ 5 N. LAWS AND REGULATIONS ...................................................................................................... 5 O. SCHEDULE AND DELAY ........................................................................................................... 5 SECTION II A. PROJECT GOALS AND OBJECTIVES....................................................................................... 7 B. CIRCUIT LOCATIONS AND REQUIRED SPEED .................................................................... 9 C. PROPOSAL EVALUATION CRITERIA ................................................................................... 10 SECTION III A. OFFEROR PROPOSALS .............................................................................................................. 9 B. CONTRACTOR RESPONSIBILITY FOR PROJECT COMPLETION ..................................... 10 C. PROVISION FOR FUTURE GROWTH REQUIREMENTS ..................................................... 10 D. HOURS OF OPERATION........................................................................................................... 11 E. PERSONNEL ............................................................................................................................... 11 F. NETWORK ACCEPTANCE ....................................................................................................... 11 G. QUALITY OF SERVICE ............................................................................................................ 12 SECTION IV A. BUSINESS ORGANIZATION AND CREDENTIALS .............................................................. 15 B. OFFEROR CONTACT INFORMATION ................................................................................... 15 C. UNDERSTANDING THE PROJECT ......................................................................................... 15 D. SCHEDULE OF COSTS ............................................................................................................. 15 Attachment 1: Pricing Schedule Attachment 2: Certification of Compliance with Immigration Laws and RegulationsSHALL BE FULLY EXECUTED AND SUBMITTED WITH BID. IF NOT SUBMITTED WITH THE BID, YOUR BID SHALL BE CONSIDERED NON-RESPONSIVE Attachment 3: Litigation Disclosure Form & State Corporation CommissionSHALL BE FULLY EXECUTED AND SUBMITTED WITH BID. IF NOT SUBMITTED WITH THE BID, YOUR BID SHALL BE CONSIDERED NON-RESPONSIVE Appendix A: Section I – Required Terms and Conditions Non Professional Goods and Services Section II – Special Terms and Conditions Section III - Special Terms and Conditions Information Technology Goods and Services The City of Chesapeake does not discriminate against faith based organizations in accordance with Code of Virginia Section 2.2-4343.1 or against any contractor, bidder, or offeror because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by State law relating to discrimination in employment. 2
SECTION I A. PURPOSE Through competitive sealed proposals, the City of Chesapeake (hereinafter referred to as the City), Department of Information Technology (DIT) desires to select a single service provider for high-speed data circuits and Internet Service Provider (ISP) services, and Telephone services. The circuits will be used to connect the City of Chesapeake DIT with all City departments, forming a switched, Ethernetbased Wide Area Network (WAN). For telephony, locations throughout the City would use these services. The City invites all qualified Service Providers to respond to this RFP by submitting proposals consistent with the terms and conditions herein as set forth below. All Offerors are required to be registered with the Federal Communications Commission (FCC) and the Universal Service Administrative Company (USAC) and hold a valid Service Provider Identification Number (SPIN): _______________ (Please insert your SPIN number). This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a offeror may be selected, and the contractual terms by which the City intends to govern the relationship with the Offeror. All rights and ownership of the work performed pursuant to the terms and conditions of the ensuing contract shall become the sole property of the City without restrictions of any kind. B. ISSUING OFFICE City of Chesapeake Purchasing Division 306 Cedar Road – 5th Floor Chesapeake, Virginia 23322 (757) 382-6359 C. CONTACT INFORMATION Jeff Lowe, Procurement Specialist II Purchasing Division 306 Cedar Road – 5th Floor Chesapeake, Virginia 23322 Email: [email protected]
D. DEADLINE FOR SUBMISSION OF PROPOSALS Proposals must be time-stamped in the Purchasing Division by 5:00 p.m. EDT, May 19, 2015. Proposals delivered after the submission deadline shall be returned unopened. E. QUESTIONS AND ADDENDA Offerors should carefully examine this RFP including the Terms and Conditions, and any addenda, and should seek clarification of any ambiguity, conflict, omission or other apparent error in this solicitation. Questions should be submitted, via email only, to the contact person named in Section C, above. If the answer materially affects the RFP, an addendum shall be issued and distributed to Offerors. All Offerors shall sign and submit all addenda when submitting their proposals. Oral comments do not form a part of this RFP. Offerors are instructed to refrain from any discussions with any City employees or officials before a contract award is announced by the City, except the contact person named in Section C, above. Any such discussions shall have the effect of rendering the Offeror’s proposal unacceptable. F. CHANGES IN THE REQUEST FOR PROPOSALS Changes made to this RFP shall be posted on the City’s website, www.cityofchesapeake.net and distributed to Offerors of record. Any and all addenda will be numbered in sequence, dated as of the date of issue, posted and distributed via eVA and DemandStar.
G. PROPOSAL PREPARATION GUIDANCE Proposals should be prepared simply and economically, providing a straightforward, concise delineation of the capabilities of the Offeror. H. SUBMISSION OF PROPOSALS 1. All proposals must be submitted and time-stamped by the deadline, 5:00 p.m. EDT, May 19, 2015. Late submissions will not be accepted and shall be returned unopened. In the event of inclement weather, proposals will be due the next open business day. Proposals must be submitted in a sealed envelope addressed to: Purchasing Division 5th Floor, 306 Cedar Road, Chesapeake, Virginia, 23322. The exterior of the envelope must be marked with the RFP number and offeror’s firm name. Messages or documents in the form of telegrams, telephone calls, facsimiles, electronic documents, e-mail messages or telex shall not be accepted. 2. Proposals must be signed by an official authorized to bind the Offeror contractually, and shall contain a statement that the proposal is firm for one hundred twenty (120) days after the date the sealed proposals are opened. A proposal may be withdrawn by the offeror at the end of the 120-day period, if the offeror submits a written request. All proposals that are not withdrawn shall remain in effect until an award is made or the solicitation is cancelled. 3. Entire RFP cover sheet and addendum, if any, Certification of Compliance with Immigration Laws and Regulations, Litigation Disclosure Form, any required information listed in Terms and Conditions, and elements addressing each evaluation factor shall all be signed and completed as required. 4. Proposals shall be organized in the order in which the requirements are presented in the RFP. All pages of the proposal shall be numbered. Each paragraph shall reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub-number, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub-number shall be cross repeated at the top of the next page. The proposal shall contain a table of contents which cross references each RFP requirement for quick reference. Information which the offeror desires to present that does not fall within the requirement of the RFP shall be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed. 5. Proposals shall contain One (1) complete original hardcopy, bound, and Five (5) bound copies. Any proprietary/confidential information shall be submitted in a separate binder. Offerors shall also submit proposal with proprietary/confidential information redacted on a thumb drive or CD in addition to bound copies in the numbers listed above. The current standard for the City is Microsoft Office 2003 using the following programs: Word, Excel, PowerPoint, Visio, Publisher, and Access. Proposals must not exceed 50 pages (appendices and resumes do not count toward page limit),with one-inch (1”) margins. Font size should be 12 point. Each proposal shall also provide the following information: a)
The name of all suppliers, subcontractors, or others who would participate with the Offeror on the project, or who may have a material interest in the Offeror’s proposal and solution.
The name, title, address, and telephone number of individuals with authority to contractually bind the Offeror.
A designated person(s) who can be contacted for information during the evaluation period and for prompt contract administration upon contract award. This information shall include the person's name, title, address, telephone number, fax number, and email address.
The signer of the proposal must declare that all persons, companies or parties interested in the contract as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that the offer is in all respects
fair and in good faith without collusion or fraud; and that the individual who signs the proposal has authority to contractually bind the Offeror. The City reserves the exclusive right to reject any and all proposals, and this solicitation does not commit the City to purchase or contract for the articles or services described in it I.
CONTRACT TERM This contract shall be effective for one (1) year From Date of Execution with four (4) optional one (1) year renewals at the sole discretion of the City. The City shall have the option of expanding services to additional sites, at various times as the City deems necessary. Such new circuits shall be added to the contract and be co-terminus with contract term.
J. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP shall become the property of the City. One (1) copy of each proposal shall be retained for official files and shall become a public record, open to public inspection, after the contract is awarded. It is understood that the proposal will become a part of the official file on this matter without obligation on the part of the City except as to the disclosure restrictions contained in Section I, K. Disclosure. K. DISCLOSURE In compliance with the Code of the City of Chesapeake, Virginia Section 54-75, Public Inspection of Records, trade secrets or proprietary information submitted by an Offeror in connection with procurement shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the Offeror must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the specific area or scope of data or other materials to be protected, and must state the reasons why protection is necessary for each section. An all-inclusive statement that the entire proposal is proprietary is unacceptable and shall be disregarded. Also, a request to protect pricing information shall not be honored. Proprietary/Confidential information shall be submitted in a separate binder. Proposals shall also be submitted via CD or thumb drive, with proprietary/confidential information redacted. L. COST INCURRED IN RESPONDING This solicitation does not commit the City to pay any costs incurred in the preparation and submission of proposals; or in conducting any studies, creating any designs for the preparation thereof, nor to procure a contract for services. M. PRIME CONTRACTOR RESPONSIBILITIES Offerors may propose services to be provided by others, but any services proposed must meet all of the requirements of this RFP. If the Offeror's proposal includes services provided by others, the Offeror shall be required to act as the prime contractor for all such services, and shall assume full responsibility for the procurement, delivery and quality of such services. The Offeror will be considered the sole point of contact with regard to all stipulations, including meeting all requirements of this RFP and payment of all charges. N. LAWS AND REGULATIONS All applicable federal laws and regulations, including Orders of the Federal Communications Commission, laws of the Commonwealth of Virginia, City of Chesapeake Code of Ordinances, including any and all other rules and regulations of those authorities having jurisdiction over the contract shall apply to the contract throughout, and they shall be considered to be included in the ensuing contract the same as though written out in full. The ensuing contract, in all respects, shall be governed, interpreted, and enforced in accordance with the laws of the Commonwealth of Virginia without regard to the conflict of laws principles thereof. The parties shall submit to the jurisdiction of the Circuit Court located in the City of Chesapeake, Virginia, or as applicable, the U.S. District Court for the Eastern District of Virginia, Norfolk Division. Any contract proposed for the City’s execution shall be included with the Offeror’s proposal.
O. SCHEDULE/DELAY A target date of July 1, 2015 has been established for implementation of the network, capabilities, and services described in this Request for Proposals. The City reserves the right to delay or modify schedules established for any work assignment pertaining to any contract resulting from this procurement.
SECTION II A. PROJECT GOALS AND OBJECTIVES 1. Establish the fastest, most flexible, resilient and expandable Wide Area Network (WAN) available on the market. 2. The contractor shall also provide reliable PRI, POTS, SIP, and Long Distance telephone services where desired in the City. 3. The Contractor shall provide dedicated bandwidth between each site and the cloud. The bandwidth shall not be shared among sites, except in cases where applicable as explained in Section III-A-22. The Contractor shall guarantee purchased bandwidth of each circuit from transmitting end to receiving end. 4. The Contractor shall procure, install, and maintain all hardware to provide the City with a 10-Base-T, 100-Base-TX, or Gigabit Ethernet connection at each site, commensurate with the speed of service ordered. 5. The Contractor shall provide a fully developed implementation plan for each phase. 6. The Contractor shall resolve all service calls – emergencies, problems, irregularities, etc. within four (4) hours of notification. In the event that problems are not resolved within four (4) hours, the Contractor shall incur a penalty of one hundred dollars ($100.00) per day for each day that services are not working properly except for circuits faster than 100 Mbps where the penalty shall be $500 per day. 7. The Contractor shall provide a single point of contact, a trouble ticket escalation list of contacts, and a 24/7 phone number to the NOC for quick notification of problems with the WAN. The City shall not make multiple calls for a given problem or contact any parties other than the Contractor. 8. The City will provide a primary point of contact and several backup points of contact in case the primary contact is unavailable. 9. The Contractor shall provide network data transfer rates from T-1 speed (1.54 Mbps) at least 1 Gbps. All circuits are to support full-duplex transmission with synchronous data speeds. 10. The Contractor shall provide a layer-3 switched WAN (cloud) that is capable of simultaneously supporting WAN connections of various speeds ranging from T-1 speed up to 1 Gbps or beyond if available. 11. The Contractor shall provide network diagram and design documents that can be used as specifications for future expansion. 12. The Contractor shall provide the City with the ability to extract reports on bandwidth usage. Circuit changes shall be reflected on their reports within 1 week of those changes. 13. The Contractor shall provide data services to be delivered over a metropolitan fiber-optic network using fiber-optic cabling to the premises. Any exceptions must be noted and explained. 14. In the event of a local emergency (hurricane, etc.) that causes the City’s WAN to go down, the Contractor is required to expedite repairs. In such a case, the Contractor shall provide contact information for field personnel in the event the NOC cannot be contacted. When bringing the network back-up, the following circuits are the most important in the order outlines below: a. DIT b. Fire Stations c. Police Precincts d. Butts Station Traffic Engineering 6
e. Water Treatment Plants f.
g. Health Department 15. The WAN, provided by the Contractor, shall be private and secure, and the Contractor shall fully describe their security implementation as it relates to this WAN. The security implementation shall ensure that the Contractor’s personnel, outside contractors, other Contractor customers, nor anyone else shall have access to the City’s internal network(s). B. CIRCUIT LOCATIONS AND REQUIRED SPEED
Location Fire Station #1
Address 1201 20th Street
Required Speed T-1
Fire Station #2 (District Station)
1205 Freeman Avenue
Fire Station #3
1801 Rokeby Avenue
Fire Station #4
104 Lenor Trail
Fire Station #5 (District Station)
451 Hanbury Road
Fire Station #6
1109 Whittamore Road
Fire Station #7 (District Station)
3329 S. Battlefield Boulevard
Fire Station #8
209 N. George Washington Hwy.
Fire Station #9
1420 Sherbrooke Road
Fire Station #10
629 Homestead Road
Fire Station #11
2040 Dock Landing Road
Fire Station #12
4421 Taylor Road
Fire Station #13
2900 Benefit Road
Fire Station #14
1101 N. Eden Way
1801 Victory Boulevard Portsmouth, VA 1345 Bells Mill Road
Fire Training Center St. Julian’s Creek Annex Fire Station #15
Fire Station #16
Fire Training Academy
1320 Northwest Boulevard Code 42 1420 Sherbrooke Road
300 Shea Drive
Butts Station City Complex in Greenbrier – Public Works Traffic Engineering Treasurer/Commissioner of Revenue South Norfolk Treasurer/Commissioner of Revenue Western Branch Social Services
909 Hollowell Lane
1205 20th Street
2808 Taylor Road
100 Outlaw Street
Treasurer/Commissioner of Revenue Deep Creek
824 Old George Washington Hwy
21 22 23 24
T-1 10 Mbps
10 Mbps T-1 10 Mbps 1 Gbps
Voter Registration Office
411 Cedar Road
Police 2nd Precinct
1209 20th Street
Police 3rd Precinct
949 George Washington Hwy
Police 4th Precinct
4764 Station House Road
Police 5th Precinct
400 Volvo Pkwy
212 Research Drive
Police SIS (*Confidential Location*) Police Training
1080 Sentry Drive
Police Animal Control
2100 S. S.Military Hwy.
1417 Battlefield Boulevard
Chesapeake Integrated Behavioral Health Chesapeake Expressway Toll Plaza
168 Toll Plaza Road
WCTV-48 TV Station
1617 Cedar Road
Chesapeake Conference Center
676 Independence Parkway Suite 200 900 Greenbrier Circle
Water Treatment Plant
3550 S. Battlefield Boulevard
Lake Gaston Water Treatment Plant
5416 W. Military Highway
Public Safety Building
304 Albemarle Drive
Adult Health Clinic
490 Liberty Street
748 Battlefield Boulevard
Public Works Bridges
3900 S. Military Hwy.
We currently have over twenty (20) cable modem and DSL connected sites. Our Public Works Dept. also has a number of cable modem connected sites as part of their Traffic Management Center. We also have two (2) fiber connected Internet circuits currently at 100 Mbps. These are located at DIT, 300 Shea Drive and Animal Services, 3900 S. Military Hwy. C. PROPOSAL EVALUATION CRITERIA The following criteria shall be used in the proposal evaluation process:
Client references as they pertain to the RFP requirements
Capability of Offeror to undertake and support the project
Timeline: project timeline & proposed plan to include the duration of utilization of City staffing resources
Credentials and expertise
Experience with similar projects
TECHNICAL AND OTHER FACTORS
Technical approach and methodology
Overall support, documentation and support commitments
Commitment to reporting requirements
Ability to support growth
Estimated reliability of installed work
Commitment on the part of Contractor to network availability
Proposed maintenance support
Thoroughness of Proposal
Expansion of Costs
SECTION III A. OFFEROR PROPOSALS Offeror proposal shall address at a minimum the following technical requirements: 1. The Contractor shall be able to position data services regardless of the service area within the City. 2. The Contractor shall provide a high-speed data service that is MPLS based and provides seamless Ethernet connectivity at each site. 3. The data services that the Contractor shall provide shall allow for connections providing different line speeds, ranging from T-1 speeds and up to 1 Gbps and beyond if available, all operating on the same WAN cloud at the same time. 4. The service shall use Ethernet, Fast Ethernet, and/or Gigabit Ethernet protocols at each site. 5. The cost of data services shall include any and all hardware, software, and cabling needed to provide the desired bandwidth as well as the Ethernet connections at desired speed levels. 6. The data service shall transfer data traffic at Layer 3 of the OSI model so that it will pass any traffic and any protocol that the City deems appropriate (i.e. IPv4 with the possibility of IPv6 in the future). The City shall install routers or layer-3 switches at each site for routing data traffic. 7. The Contractor shall provide an MPLS network with a routed core that will be managed by the contractor. 8. The data service should be capable of creating multiple WAN segments for disparate City networks that do not need to talk directly to each other. There shall be no additional charge for each separate segment. 9. The proposal shall include redundant network paths to circuits located at City Hall complex locations (300 Shea Drive and 304 Albemarle Drive). 10. The proposal shall provide flexibility for future expansion, and the contract shall indicate the cost and procedures for adding additional remote sites.
11. The proposal shall indicate how the Contractor’s solution will scale at individual sites including the costs and procedures required for increasing the number of connections and increasing or decreasing the speed of the communication link. 12. The Contractor is encouraged to recommend optimum, mid-range, and minimum solutions that will meet the City’s requirements. The proposal shall indicate cost/performance trade-offs. 13. If multiple technical configurations are proposed, the Contractor shall identify the advantages and disadvantages of each configuration. 14. The Contractor shall identify all equipment and materials required for the WAN including backer boards, equipment racks, UPS’s, and other peripheral equipment, and installed equipment shall be properly labeled as well. The City will identify where, in each building, equipment is to be installed. In some cases, at the City’s discretion, the equipment will need to be installed in existing City owned racks or cabinets. 15. The Contractor shall submit a fully developed phased implementation plan identifying all tasks to be completed for the scope of the project. 16. The Contractor shall estimate the number of hours for each task in the implementation plan in order for the City to evaluate a complete turnkey solution. 17. The proposal shall describe the maximum capacity and upgradability of the WAN for future expansion and higher data transfer rates. 18. Explain if construction costs for new circuits are ever needed. If so, how are they determined and what are the costs based on? 19. The proposal shall contain a statement indicating the ability to incorporate quality of service (QoS) capabilities for voice and video, and the requirements and the cost for inclusion of such capabilities, if any. 20. SIP trunking for our Unify (formerly Siemens) HiPath 4000 v7 and OpenScape Voice v8 phone systems is desired. If Unify equipment is not certified, we would prefer not to incur additional costs for that certification. 21. The Contractor shall include a post-installation maintenance support plan with spare part provisions for on-site hardware replacement. 22. The Work Requirement Table (Section II-B – Circuit Locations and Desired Speeds) identifies sites and desired line speeds. The Contractor shall include costs for each site and the desired line speed. 23. All equipment and software used by the Contractor in this project shall meet Year 2000 Compliance Standards. 24. Usage statistics, reports, and graphical charts shall be provided, and accessible via a web browser, at no additional charge. They shall include, but are not limited to monthly usage reports, outage reports, and availability reports; they shall also include average usage statistics for various time periods, and the data shall be viewable in Daily, Weekly, and Yearly charts. 25. DSL, Cable Modem, or wireless service shall be included in the proposal for small remote sites that don’t need higher-cost circuits. Installation costs should not exceed what would normally be charged for home subscribers. These circuits should include at least one (1) static IP address that is accessible from the Internet along with DNS services. B. CONTRACTOR RESPONSIBILITY FOR PROJECT COMPLETION The selected Contractor shall take responsibility for the project, assuming the role of project manager to ensure successful implementation of all phases. C. PROVISION FOR FUTURE GROWTH REQUIREMENTS This RFP sets forth an initial estimate of total remote sites requiring connectivity. The Offeror shall structure proposed architecture to allow fast implementation and cost effectiveness in meeting future growth requirements. It is required that the Offeror provide a brief but comprehensive description of growth capabilities based on their proposed architectures, clearly identifying growth steps in terms of 10
capacity and requirements, including additional hardware, software, bandwidth, and ancillary needs. This statement shall be in sufficient detail to allow cost benefit analyses by the City. D. HOURS OF OPERATION The City’s general work hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff members in various departments who will be involved in this project are on flexible hours ranging between 6:30 a.m. and 6:00 p.m. Some are on a 24/7 schedule. All required interaction with City personnel shall be within the normal workday except when circuit problems extend beyond those hours. Scheduling will be arranged to accommodate all parties. Additionally, 1. The Contractor shall provide the City with three (3) copies of a detailed work plan for all portions of the work required. The plan shall contain detailed descriptions of all tasks to be performed, services to be delivered, time tables for completing each task, and milestones. The Contractor shall provide these detailed work plans within thirty (30) calendar days before each phase is scheduled to start. 2. The Contractor shall also provide the City with three (3) copies of a monthly report detailing work accomplished during the reporting period, percentage of overall project completion, work to be accomplished during the upcoming reporting period, and any problems encountered or anticipated, along with suggested solutions or alternatives. 3. The Contractor shall install the circuits, test them, and deliver connectivity to the City’s network engineer. 4. The Contractor shall identify and provide to the City all circuit numbers by site. E. PERSONNEL The Contractor shall identify all personnel who will be assigned to the project, their qualifications, education and representative experience. The Contractor shall provide a brief statement (maximum three pages) describing recent experience of the firm’s personnel who will be actively engaged in this project. This should not include general corporate background brochures, and should not include corporate experience unless personnel who will work on this project participated in that experience. Include only work that can be directly identified with contracts completed within the last three years. In the event the Contractor personnel assigned to this project shall be replaced, replacement personnel shall be identified using the above guidelines established for initial project personnel, and shall be subject to written approval by the City before working on the project. Any contemplated third party consultants to be employed on the project by the Contractor shall be subject to the same guidelines established for other Contractor personnel, and their participation shall require written approval by the City before working on the project. The City requires the Contractor to replace any assigned personnel who are considered unacceptable in the opinion of the City. The City seeks to establish a mutually beneficial working relationship with the Contractor, and this requires a stable project team. This carries a presumption of permanence of the Contractor personnel for the duration of the project, and that disruptive personnel changes, other than those requested by the City, will be limited. In order to ensure this, the Contractor is expected to use best efforts to ensure this. F. NETWORK ACCEPTANCE 1. Connectivity to a remote site will be considered successful after the communication service has been installed and running at a 99.9% availability rate for a period of two weeks. 2. The City may terminate the service for the remote site, at no cost to the City, if the performance standard is not attained. In this case, the Contractor shall refund all monies received from the City as payments for the remote site. 3. The City retains the option of terminating any or all services if funding for this project(s) is not available.
G. QUALITY OF SERVICE The City reserves the right to terminate service to any or all sites if the level of availability falls below 99.9%. The Contractor shall provide 24x7 support for the circuits. If a problem arises in regard to the circuit, the City shall have information to contact a support person within five (5) minutes and the Contractor shall be able to start troubleshooting the circuit with forty-five (45) minutes. Repairs shall be completed as soon as possible by the Contractor at no additional cost to the City. The Contractor shall provide hourly status updates to the City as well.
SECTION IV A. BUSINESS ORGANIZATION AND CREDENTIALS 1. Proposal shall include a synopsis of the Offeror’s business qualifications. 2. Proposal shall include the most recent audited financial statement. 3. Proposal shall include information on the number of employees in the corporation assigned to the organizational unit that will be responsible for the project. Skill, knowledge, abilities, etc., relative to the proposed project shall also be included. 4. Proposal shall include reference information, including client organizations’ names and addresses; names of contact persons; and telephone numbers of at least three (3) customers who have used the Offeror’s proposed communication services. Preferred references would be customers who have been using the system for at least two (2) consecutive years. B. OFFEROR CONTACT INFORMATION Proposals shall include: 1. Name, title, address, telephone number and e-mail address, if available, of individuals with authority to negotiate and contractually bind the offeror. 2. Name, title, address, telephone number and e-mail address, if available, of individuals who can be contacted during the period of evaluation with questions about the proposal. 3. Name, title, address, telephone number and e-mail address, if available, of individuals who can be contacted for prompt contract administration upon award of the contract. C. UNDERSTANDING THE PROJECT Provide a precise statement of the offeror's understanding of the project and how the offeror would accomplish it. Clearly indicate the technical approach for the performance of these services. D. SCHEDULE OF COSTS The City requires that prices be fully described in the Pricing Chart, Attachment I, with all billing itemized by site. One time fixed costs associated with installation of communication lines and equipment shall be listed separately. The Contractor shall be responsible for all costs associated with moving the service to the Contractor’s network. The City reserves the right to procure communications equipment and/or materials through independent sources if it is in the best interest of the City.
Attachment I SCHEDULE OF COSTS REQUESTED
VENDOR SPEED IF
ONE TIME EQUIPMENT
CIRCUIT CHARGE** PER PER IN ADVANCE MONTH YEAR PER YEAR
1.54 Mbps Full Duplex 3 Mbps Full Duplex 5 Mbps Full Duplex 10 Mbps Full Duplex 20 Mbps Full Duplex 30 Mbps Full Duplex 40 Mbps Full Duplex 50 Mbps Full Duplex 100 Mbps Full Duplex 200 Mbps Full Duplex 500 Mbps Full Duplex 1,000 Mbps Full Duplex Fiber Internet Service (Please provide service levels that are available) DSL/Cable Modem Internet Connected DSL/Cable Modem WAN Connected * Please list any other speeds or services you would like to offer the City. ** Please list any other discounts that you would like to offer the City.
FOR TELEPHONE SERVICES PRI Service POTS flat rate service POTS message rate service
$ ________________ $ ________________ $ ________________
Per Month Per Month Per Month
Long Distance service: Interlata Intralata
$ ________________ $ ________________
Per minute (We do prefer free long distance to simplify billing) Per minute
Attachment II CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS AND REGULATIONS Section 54-72.2 of the Chesapeake City Code requires that any person or entity doing business with the City of Chesapeake, including its boards and commissions, shall include a sworn certification by the contractor or vendor of compliance with all federal immigration laws and regulations. These laws include the Federal Immigration Reform and Control Act, which makes it unlawful for a person or other entity to hire, recruit or refer for a fee for employment in the United States, an alien knowing the alien is unauthorized, and Section 40.1-11.1 of the Code of Virginia, which makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. The state law, in particular, places an affirmative duty on employers to ensure that aliens have proof of eligibility for employment. Accordingly this certification shall be completed and attached to all contracts and agreements for goods and services made by the City of Chesapeake or any of its boards and commissions. Failure to attach a completed certification shall render the contract or agreement void. Type or print legibly when completing this form. Legal Name of Contractor or Vendor: (Note: This is your name as reported to the IRS. This should match your Social Security card or Federal ID Number.)
Type of Business Entity: Sole proprietorship (Provide full name and address of owner):
Limited Partnership (Provide full name and address of all partners):
General Partnership (Provide full name and address of all partners):
Limited Liability Company (Provide full name and address of all managing members):
Corporation (Provide full name and address of all officers):
Doing Business As: If Applicable (Note: This is the name that appears on your invoices but is not used as your reporting name.)
Name and Position of Person Completing this Certificate:
Physical Business Address:
Primary Correspondence Address (If different from physical address):
Number of Employees:
Are all Employees Eligible for Employment in the United States?
Under penalties of perjury, I declare on behalf of the contractor/vendor listed above that to the best of my knowledge and based upon reasonable inquiry, each and every one of the contractor’s/vendor’s employees are eligible for employment in the United States as required by the Federal Immigration Reform and Control Act of 1986 and Section 40.1-11.1 of the Code of Virginia. I further declare on behalf of the contractor/vendor shall use due care and diligence to ensure that all employees hired in the future will be eligible for employment in the United States. I affirm that the information provided herein is true, correct, and complete.
Sworn this ____ day of ________________, 200_ on behalf of _____________________________________ as evidenced by the following signature and seal: (name of contractor/vendor)
Name of Contractor/Vendor: __________________________________
Printed Name of Signatory:___________________________________
COMMONWEALTH OF VIRGINIA: CITY OF CHESAPEAKE, to-wit:
The foregoing instrument was acknowledged before me this ___ day of ______________, 2009, by _______________________.
_________________________ Notary Public Registration No.:_________________ My commission expires:___________
ATTACHMENT III LITIGATION DISCLOSURE FORM Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid or proposal from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid or proposal is submitted. 1.
Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been convicted of a felony, or a misdemeanor involving moral turpitude, during the last ten (10) years? Yes □ No □ Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been terminated (for cause or otherwise) from any work being performed for the City of Chesapeake or any other governmental or private entity during the last ten (10) years? Yes □ No □ Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been involved in any claim or litigation with the City of Chesapeake or any other governmental or private entity during the last ten (10) years?
Yes □ No □ Has any parent company or wholly owned subsidiary of your company been involved in any claim or litigation with the City of Chesapeake or any other governmental or private entity during the last ten (10) years? Yes □ No □ If you answered “Yes” to any of the above questions, please state the name(s) of the person(s), the nature, and the status and/or outcome of the conviction, termination, claim or litigation, as applicable. Any such information shall be provided on a separate page, attached to this form and submitted with your bid or proposal. 4.
STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. SCC Identification Number: ________________________________ (REQUIRED)
APPENDIX A SECTION I REQUIRED GENERAL TERMS AND CONDITIONS NON-PROFESSIONAL GOODS AND SERVICES A. VENDORS MANUAL B. APPLICABLE LAWS AND COURTS C. ANTI-DISCRIMINATION D. ETHICS IN PUBLIC CONTRACTING E. PROHIBITION ON EMPLOYMENT OF UNAUTHORIZED ALIENS F. DEBARMENT STATUS G. ANTITRUST H. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS I. CLARIFICATION OF TERMS J. PAYMENT K. PRECEDENCE OF TERMS L. QUALIFICATIONS OF OFFERORS M. TESTING AND INSPECTION N. ASSIGNMENT OF CONTRACT O. CHANGES TO THE CONTRACT P. DEFAULT Q INSURANCE R. ANNOUNCEMENT OF AWARD S. DRUG-FREE WORKPLACE T. NONDISCRIMINATION OF CONTRACTORS U. AVAILABILITY OF FUNDS V. PROPOSAL PRICE CURRENCY W. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH X. TERMINATION OF CONTRACT Y. DELIVERY OF MATERIALS Z. COMPENSATION DUE THE CONTRACTOR AA. COOPERATIVE PROCUREMENT BB. LITIGATIONS WITH THE CITY CC. PRIOR DEFAULTED CONTRACTS DD. CRIMINAL CONVICTIONS EE. TERM OF CONTRACT FF. TAXES GG. USE OF BRAND NAMES HH. TRANSPORTATION AND PACKAGING II. INDEMNIFICATION A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and the City of Chesapeake Procurement Ordinance and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual and ordinance are normally available for review at the purchasing office or accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the vendors tab, or at www.cityofchesapeake.net under “Ordinances”. B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in an appropriate state court of jurisdiction in the City of Chesapeake, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. This solicitation is also governed by provisions of Chapter 54 of the Chesapeake City Code, and any revisions thereto, which are hereby incorporated into this contract by reference. Contact the Purchasing Division at (757) 382-6359, for more information or to review Chapter 54 of the Chesapeake City Code. The City Code may also be read online at http://www.municode.com. C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.24311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization 18
shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. E. PROHIBITION ON EMPLOYMENT OF UNAUTHORIZED ALIENS: Contractor/Vendor does not and shall not during the performance of the Contract knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986. F.
DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Chesapeake all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Chesapeake under said contract. H. MANDATORY USE OF CITY FORM: Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal. I.
CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror shall contact the buyer whose name appears on the face of the solicitation no later than 5 working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). b.
Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which City department is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors shall be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within 30 days of notification. The provisions of this section do not relieve a department of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363). To Subcontractors: a. A contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) within 7 days of the contractor’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or 19
(2) To notify the Purchasing department and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason. b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid 7 days following receipt of payment from the City, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City. K. PRECEDENCE OF TERMS: Paragraphs A-J of these General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. L. QUALIFICATIONS OF OFFERORS: The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The City further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the City that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. M. TESTING AND INSPECTION: The City reserves the right to conduct any test or inspection it may deem advisable to assure goods and services conform to the specifications. N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City. O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Division’s right to audit the contractor’s records and/or to determine the correct number of units independently; or c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Division with all vouchers and records of expenses incurred and savings realized. The Purchasing Division shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision shall be asserted by written notice to the Purchasing Division within 30 days from the date of receipt of the written order from the Purchasing Division. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Division or with the performance of the contract generally. P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have. Q. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS: 1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the City of increases in the number of employees that 20
change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. 2.
Employer's liability $100,000 each accident, $500,000 policy limits, $100,000 each employee
Comprehensive GL $1,000,000 each occurrence $2,000,000 aggregate $2,000,000 products/completed operations aggregate
Umbrella Liablbility $1,000,000 occurrence $1,000,000 general aggregate $1,000,000 products/completed operations aggregate
Commercial auto Bodily Injury/property damage $1,000,000 Personal injury protection $5,000
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the Purchasing Division will publicly post such notice on the City’s website (www.CityOfChesapeake.net) for a minimum of 10 days.
DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. T. NONDISCRIMINATION OF CONTRACTORS: An offeror or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability, or against faithbased organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the City shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. U. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. V. PROPOSAL PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state proposal prices in US dollars. W. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.
X. TERMINATION OF CONTRACT: The City may terminate the contract for cause or for convenience after giving 30 day notice in writing to the Contractor. The written notice shall state whether the termination is for convenience or cause. If mailed, the notice shall be mailed certified return receipt requested to the address listed on the proposal.
Termination for Cause: If the Contractor shall breach the contract or fail to perform the services required by the contract, the City may terminate the contract for cause by giving written notice or may give the Contractor a stated period of time within which to remedy its breach of contract. If the Contractor shall fail to remedy the breach within the time allotted by the City, the contract may be terminated by the City at any time thereafter upon written notice to the Contractor or, in the alternative, the City may give such extension of time to remedy the breach as the City determines to be in its best interest. The City’s forbearance by not terminating the contract for a breach of contract shall not constitute a waiver of the City’s right to terminate nor acquiescence in future act or omissions by the Contractor of a like nature. If the contract is terminated for cause, breach of contract or failure to perform, the Contractor may be subject to a claim by the City for the costs and expenses incurred in securing a replacement Contractor to fulfill the obligations of the contract. In the event a Cure Notice is required, the City will use the address provided to the City in proposals. It shall be the contractor’s responsibility to notify the City in writing within 10 days of knowing a change of address. The written notice shall include the City’s contract number and the effective date of the address change. In the event the Contractor breaches the contract or fails to perform the services required by the contract, in addition to terminating this contract for cause, the City reserves the right, in its sole discretion, to terminate for cause any other open contract the Contractor has with the City. Termination for Convenience: The contract may be terminated by the City in whole or in part for the convenience of the City without a breach of contract by delivering to the Contractor a written notice of termination specifying the extent to which performance under the contract is terminated and the effective date of the termination. Upon receipt of such a notice of termination, the Contractor shall stop work, including but not limited to work performed by subcontractors and consultants, at such time and to the extent specified in the notice of termination. If the contract is terminated in whole or in part for the convenience of the City, the Contractor shall be entitled to those fees earned for work done prior to the notice of termination and thereafter shall be entitled to any fees earned for work not terminated, but shall not be entitled to lost profits for the portions of the contract which were terminated. The Contractor will be compensated for reasonable costs or expenses arising out of the termination for the convenience of the City for delivery to the City of all products of the services for which the Contractor has or will receive compensation. DELIVERY OF MATERIALS: Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver to the City all products or services for which the Contractor has been or will be compensated. Unless otherwise agreed to in writing, the Contractor shall deliver the materials to the city within 30 days of the Notice of Termination of the Contract. Failure to do so may result in action for “breach of contract” or “failure to perform”. COMPENSATION DUE THE CONTRACTOR: Upon such termination, the Contractor shall be entitled to the compensation accrued to the date of termination. Payment of the balance of the accrued compensation shall be dependent on the Contractor providing the required project material to the City. Said fees which have been earned shall be billed to the City in accordance with the normal billing process, but in no case later than 60 days after the last work is performed. Any termination by the City for default, found by a court of competent jurisdiction not to have been justified as a termination for default, shall be deemed a termination for the convenience of the City. The Contractor shall submit invoices for all such amounts in accordance with the normal billing process, but in no event later than 60 days after all services are performed. All amounts invoiced are subject to deductions for amounts previously paid. All payments due the Contractor under this contract are subject to appropriation by the Virginia General Assembly and Chesapeake City Council.
AA. COOPERATIVE PROCUREMENT: Any resultant contract of this solicitation may be extended to any public agency or body in the Commonwealth of Virginia to permit those public agencies or bodies to purchase at contract prices, in accordance with the terms, conditions and specifications of this proposal. The successful vendor/contractor shall deal directly with each public agency or body in regard to order placement, delivery, invoicing and payment. BB. LITIGATIONS WITH THE CITY: The City in its sole discretion may choose not to make an award to an offeror who is in litigation with the City at the time of proposal evaluation. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the offeror is in litigation with the City at the time of the proposal evaluation. CC. PRIOR DEFAULTED CONTRACTS: The City in its sole discretion may choose not to make an award to an offeror who has previously defaulted on a contract with the City. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the offeror has previously defaulted on a contract with the City. DD. CRIMINAL CONVICTIONS: The City in its sole discretion may choose not to make an award to an offeror if any principal, officer, director, or staff member of the firm assigned to work under a contract awarded pursuant to this solicitation has been convicted of a felony or a misdemeanor involving moral turpitude in the past 10 years. EE. TERM OF CONTRACT: This contract shall be effective for one (1) year From Date of Execution with four (4) optional one (1) year renewals.
FF. TAXES: Sales to the City of Chesapeake are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption registration number is 54-072-1442. GG. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the proposal will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a proposal nonresponsive. Unless the offeror clearly indicates in its proposal that the product offered is an equal product, such proposal will be considered to offer the brand name product referenced in the solicitation. HH. TRANSPORTATION AND PACKAGING: By submitting their proposal, all offerors certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. II. INDEMNIFICATION: It is understood and agreed that Contractor hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Contractor, its subcontractors, agents or employees under or in connection with this Contract or the performance or failure to perform any work required by this Contract. Contractor agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Contract, and (c) the performance of the work by Contractor or those for whom Contractor is legally liable. Upon written demand by the City, Contractor shall assume and defend at Contractor's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials.
APPENDIX A SECTION II 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
SPECIAL TERMS AND CONDITIONS ADVERTISING AUDIT PROPOSAL ACCEPTANCE PERIOD PROPOSAL PRICES E-VERIFY PROGRAM IDENTIFICATION OF PROPOSAL ENVELOPE QUANTITIES REFERENCES SMALL BUSINESS SUBCONTRACTING STATE CORPORATION COMMISSION IDENTIFICATION NUMBER SUBCONTRACTS
ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to the City of Chesapeake will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the City of Chesapeake or any department or agency of the City has purchased or uses its products or services.
AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for 5 years after final payment, or until audited by the City, whichever is sooner. The City auditors shall have full access to and the right to examine any of said materials during said period.
PROPOSAL ACCEPTANCE PERIOD: Any proposal in response to this solicitation shall be valid for 120 days. At the end of the 120 days the proposal may be withdrawn at the written request of the offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.
PROPOSAL PRICES: Proposal shall be in the form of a firm unit price for each item during the contract period.
E-VERIFY PROGRAM: Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with the City of Chesapeake for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.
IDENTIFICATION OF PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed proposal shall be returned in a separate envelope or package, sealed and identified as follows:
7. From: Name of Offeror Street or Box Number
Due Date ________________ RFP No
City, State, Zip Code RFP Title DMBE-certified Small Business No. ________________________ Name of Contract/Purchase Officer or Buyer Jeff Lowe, Procurement Specialist II QUANTITIES: Quantities set forth in this solicitation are estimates only, and the contractor shall supply at proposal prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown. REFERENCES: Offerors shall provide a list of at least 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.
ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE 1. ___________________ _________________ ____________________ __________________ 2. ___________________ _________________ ____________________ __________________ 3. ___________________ _________________ ____________________ __________________
10. SMALL BUSINESS SUBCONTRACTING: Unless the offeror is registered as a DMBE-certified small business and where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to DMBE-certified small businesses. This shall not exclude DMBE-certified womenowned and minority-owned businesses when they have received DMBE small business certification. No offeror or subcontractor shall be considered a Small Business, a Women-Owned Business or a Minority-Owned Business unless certified as such by the Department of Minority Business Enterprise (DMBE) by the due date for receipt of proposals. If small business subcontractors are used, the prime contractor agrees to report the use of small business subcontractors by providing the purchasing office at a minimum the following information: name of small business with the DMBE certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided. 11. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal a statement describing why the offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the City’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance. SCC Identification Number: ________________________________ (REQUIRED) 12. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.
APPENDIX A SECTION III SPECIAL TERMS AND CONDITIONS INFORMATION TECHNOLOGY GOODS AND SERVICES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 1.
CERTIFICATION TESTING PERIOD (SYSTEM/HARDWARE) CONFIDENTIALITY DEFINITIONS DEMONSTRATIONS EQUIPMENT ENVIRONMENT EXCESSIVE DOWNTIME LATEST SOFTWARE VERSION LIMITATION OF USE MAINTENANCE NEW EQUIPMENT OPERATIONAL COMPONENTS OWNERSHIP OF INTELLECTUAL PROPERTY PRODUCT SUBSTITUTION QUALIFIED REPAIR PERSONNEL RELOCATION OF EQUIPMENT RENEWAL OF MAINTENANCE REPAIR PARTS SERVICE PERIOD (EXTENDED) SERVICE PERIOD (ROUTINE) SERVICE REPORTS SOFTWARE UPGRADES SOFTWARE DISPOSITION SOURCE CODE TERM OF SOFTWARE LICENSE THIRD PARTY ACQUISITION OF SOFTWARE TITLE TO SOFTWARE WARRANTY AGAINST SHUTDOWN DEVICES WARRANTY OF SOFTWARE YEAR 2000 COMPLIANT (AND ENABLEMENT) WARRANTY NONVISUAL ACCESS TO TECHNOLOGY CERTIFICATION TESTING PERIOD - SYSTEMS: The system specified in the contract shall be considered ready for testing upon receipt of documentation from the contractor that a successful system audit or diagnostic test was performed at the site demonstrating that the system meets the minimum design/performance capabilities stipulated in the purchase agreement. The __15__day testing period shall commence on the next calendar day following receipt of this documentation. Upon request, the procuring agency will provide written confirmation of its acceptance following successful completion of the certification period. Such acceptance shall not be conclusive of complete conformance in all respects to the contract specifications and other requirements, or the nonexistence of potential latent defects. CERTIFICATION TESTING PERIOD - HARDWARE: Equipment ordered herein shall be subject to inspection and a 30-day testing period by the procuring agency. Contractor equipment which is found to not meet the specifications or other requirements of the purchase agreement may be rejected and returned to the vendor at no cost (including return transportation) by the procuring agency. Unless otherwise notified or mutually agreed, acceptance shall become effective at the end of the 30-day testing period. Such acceptance shall not be conclusive of complete conformance in all respects to the contract specifications and other requirements, or the nonexistence of potential latent defects.
CONFIDENTIALITY (City): The City agrees that neither it nor its employees, representatives, or agents shall knowingly divulge any proprietary information with respect to the operation of the software, the technology embodied therein, or any other trade secret or proprietary information related thereto, except as specifically authorized by the contractor in writing or as required by the Freedom of Information Act or similar law. It shall be the contractor’s responsibility to fully comply with § 2.2-4342F of the Code of Virginia. All trade secrets or proprietary information shall be identified in writing or other tangible form and conspicuously labeled as “proprietary” either prior to or at the time of submission to the City. CONFIDENTIALITY (Contractor): The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the agency’s written consent. Any information to be disclosed, except to the agency, shall be in summary, statistical, or other form which does not identify particular individuals. Contractors and their employees working on this project will be required to sign the Confidentiality statement in this solicitation. 26
DEFINITION - EQUIPMENT: As used herein, the terms equipment, product, or system shall include hardware and software (when applicable) and any materials or supporting documentation. Such documentation may include but is not limited to: users’ guides, operations manuals with part lists, copies of all applicable warranties, and any other pertinent information necessary for the proper operation and maintenance of the equipment being acquired. DEFINITION - SOFTWARE: As used herein, the terms software, product, or software products shall include all related materials and documentation whether in machine readable or printed form. DEMONSTRATIONS: By submitting a bid, the bidder certifies that the specified equipment is in productive use and capable of demonstration in the proposed configuration. The City reserves the right to require bidders to demonstrate the functionality of proposed equipment to its satisfaction prior to making an award decision. Such demonstration is intended to show that a vendor’s products will perform in a completely satisfactory manner and that they will meet or exceed the performance specifications contained in the solicitation. Failure by a vendor to promptly comply with a request for demonstration could result in their bid being rejected. Failure to reject shall not relieve the vendor of its obligation to fully comply with all requirements of the contract.
EQUIPMENT ENVIRONMENT: Environmental specifications for any equipment to be delivered under the resulting contract shall be furnished in writing along with the vendor’s bid, shall any such requirements be applicable. These specifications shall be in sufficient detail to permit all installed equipment to function efficiently from an environmental perspective. Unless otherwise stated in the solicitation, it will be the procuring agency’s responsibility to prepare the site at its own expense to meet the environmental specifications provided.
EXCESSIVE DOWNTIME: Equipment or software furnished under the contract shall be capable of continuous operation. Shall the equipment or software become inoperable for a period of more than 24 hours, the contractor agrees to pro-rate maintenance charges to account for each full day of inoperability. The period of in operability shall commence upon initial notification. In the event the equipment or software remains inoperable for more than _3_ consecutive calendar days, the contractor shall promptly replace the equipment or software at no charge upon request of the procuring agency. Such replacement shall be with new, unused product(s) of comparable quality, and shall be installed and operational within 2 days following the request for replacement.
LATEST SOFTWARE VERSION: Any software product(s) provided under the contract shall be the latest version available to the general public as of the due date of this solicitation.
LIMITATION OF USE: The City’s right to use computer software developed entirely at private expense may be limited by the contractor as stipulated in this contract. Notwithstanding any provision to the contrary however, the City shall have at a minimum: unlimited use of the software on the equipment for which it is purchased; use of the software on a secondary system for backup purposes shall the primary system become unavailable, malfunction, or is otherwise rendered inoperable; use of the software at another City site shall the system be entirely transferred to that location; the right to make a backup copy for safekeeping; the right to modify or combine the software with other programs or materials at the City’s risk; and the right to reproduce any and all documentation provided such reproduction is for the sole use of the City. These rights are perpetual and irrevocable; in the event of any actual or alleged breach by the City, the contractor’s sole remedy shall be to pursue a monetary claim in accordance with § 2.2-4363 of the Code of Virginia.
MAINTENANCE: Upon expiration of the specified warranty period and at the City’s option, the contractor shall provide up to N/A additional one-year periods of on-site maintenance (including labor, parts, and travel) at the prices set forth in the pricing schedule. Maintenance shall not include external electrical work, providing supplies, and adding or removing accessories not provided for in the contract. Maintenance shall also not include repairs of damage resulting from: acts of God, transportation between state locations, negligence by state personnel, or other causes not related to ordinary use in the production environment in which installed. Each successive year of maintenance may be ordered by the City in writing at least N/A days prior to expiration of the existing maintenance period.
10. NEW EQUIPMENT: Unless otherwise expressly stated in this solicitation, any equipment furnished under the contract shall be new, unused equipment. 11. OPERATIONAL COMPONENTS: Unless otherwise requested in the solicitation, stated equipment prices shall include all cables, connectors, interfaces, documentation for all components, and any other items necessary for full systems operation at the user site. This does not include consumable supplies such as paper, tapes, disks, etc., unless such supplies are expressly identified in the pricing schedule. 12. OWNERSHIP OF INTELLECTUAL PROPERTY: All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this contract shall become the sole property of the City. On request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the City to evidence the City’s sole ownership of specifically identified intellectual property created or developed in the performance of the contract. 27
13. PRODUCT SUBSTITUTION: During the term of any contract resulting from this solicitation, the vendor is not authorized to substitute any item for that product and/or software identified in the solicitation without the prior written consent of the contracting officer whose name appears on the front of this solicitation, or their designee. 14. QUALIFIED REPAIR PERSONNEL: All warranty or maintenance services to be performed on the items specified in this solicitation as well as any associated hardware or software shall be performed by qualified technicians properly authorized by the manufacturer to perform such services. The City reserves the right to require proof of certification prior to award and at any time during the term of the contract. 15. RELOCATION OF EQUIPMENT: Shall it become necessary to move equipment covered by the contract to another location, the City reserves the right to do so at its own expense. If contractor supervision is required, the City will provide prior written notice of the move at least 30 days in advance, in which case the contractor shall provide the required services and be reasonably compensated by the City. Both the compensation to be paid and any adjustment to the maintenance terms resulting from the move shall be as mutually agreed between the parties. Regular maintenance charges shall be suspended on the day the equipment is dismantled and resume once the equipment is again certified ready for operational use. 16. RENEWAL OF MAINTENANCE: Maintenance of the hardware or software specified in the resultant contract may be renewed by the mutual written agreement of both parties for an additional N/A one-year period(s), under the terms and conditions of the original contract except as noted herein. Price changes may be negotiated at time of renewal; however, in no case shall the maintenance costs for a succeeding one-year period exceed the prior year’s contract price(s), increased or decreased by more than the percentage increase or decrease in the category of Education and Communication : Computer Software and Accessories of the CPI-W section of the US Bureau of Labor Statistics Consumer Price Index, for the latest twelve months for which statistics are available. These costs shall not exceed 5% for the contract year. 17. REPAIR PARTS: In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instance shall the contractor be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written authorization of the City. 18. SERVICE PERIOD (EXTENDED): Due to the criticality of the applications for which the equipment and/or software is purchased, the contractor shall provide 24 hours a day, 7 days a week, maintenance support, including state holidays. On-site response time shall be within 8 hours following initial notification. All necessary repairs or corrections shall be completed within 24 hours of the initial notification. 19. SERVICE PERIOD (ROUTINE): Contractor shall provide 24 hour toll-free phone support with a TBD hour return call response time. On-site maintenance services shall carry a 24 hour response time following initial notification and be available during the normal working hours of 8 A.M. to 5 P.M. Monday through Friday, excluding city holidays. All necessary repairs or corrections shall be completed within 48 hours of the initial notification. 20. SERVICE REPORTS: Upon completion of any maintenance call, the contractor shall provide the agency with a signed service report that includes, at a minimum: a general statement as to the problem, action taken, any materials or parts furnished or used, and the number of hours required to complete the repairs. 21. SOFTWARE UPGRADES: The City shall be entitled to any and all upgraded versions of the software covered in the contract that becomes available from the contractor. The maximum charge for upgrade shall not exceed the total difference between the cost of the City’s current version and the price the contractor sells or licenses the upgraded software under similar circumstances. 22. SOFTWARE DISPOSITION: Unless otherwise instructed by the contractor, the City shall render unusable all copies of software acquired under the contract within 30 days of termination of its license, except that the City does reserve the right to retain one copy of the software for archival purposes when appropriate. 23. SOURCE CODE: In the event the contractor ceases to maintain experienced staff and the resources needed to provide required software maintenance, the City shall be entitled to have, use, and duplicate for its own use, a copy of the source code and associated documentation for the software products covered by the contract. Until such time as a complete copy of such material is provided, the City shall have exclusive right to possess all physical embodiments of such contractor owned materials. The rights of the City in this respect shall survive for a period of 20 years after the expiration or termination of the contract. All lease and royalty fees necessary to support this right are included in the initial license fee as contained in the pricing schedule. 24. TERM OF SOFTWARE LICENSE: Unless otherwise stated in the solicitation, the software license(s) identified in the pricing schedule shall be purchased on a perpetual basis and shall continue in perpetuity. However the City reserves the right to terminate the license at any time, although the mere expiration or termination of this contract shall not be construed as an intent to terminate the license. All acquired license(s) shall be for use at any computing facilities, on any equipment, by any 28
number of users, and for any purposes for which it is procured. The City further reserves the right to transfer all rights under the license to another state agency to which some or all of its functions are transferred. 25. THIRD PARTY ACQUISITION OF SOFTWARE: The contractor shall notify the procuring agency in writing shall the intellectual property, associated business, or all of its assets be acquired by a third party. The contractor further agrees that the contract’s terms and conditions, including any and all license rights and related services, shall not be affected by the acquisition. Prior to completion of the acquisition, the contractor shall obtain, for the City’s benefit and deliver thereto, the assignee’s agreement to fully honor the terms of the contract. 26. TITLE TO SOFTWARE: By submitting a bid, the bidder represents and warrants that it is the sole owner of the software or, if not the owner, that it has received all legally required authorizations from the owner to license the software, has the full power to grant the rights required by this solicitation, and that neither the software nor its use in accordance with the contract will violate or infringe upon any patent, copyright, trade secret, or any other property rights of another person or organization. 27. WARRANTY AGAINST SHUTDOWN DEVICES: The contractor warrants that the equipment and software provided under the contract shall not contain any lock, counter, CPU reference, virus, worm, or other device capable of halting operations or erasing or altering data or programs. Contractor further warrants that neither it, nor its agents, employees, or subcontractors shall insert any shutdown device following delivery of the equipment and software. 28. WARRANTY OF SOFTWARE: The contractor warrants the operation of all software products for a period of _12__months from the date of acceptance. During the warranty period, the contractor shall provide 24 hour toll free phone support and all patches, fixes, revisions, updates, upgrades, and minor releases to both the software and its supporting documentation. In addition, the contractor shall provide a two hour return call response time and complete all necessary patches/fixes within 8 hours of initial notification. 29. YEAR 2000 COMPLIANT (AND ENABLEMENT) WARRANTY: The contractor warrants that all software, firmware and hardware product(s) delivered to the City of Chesapeake under any agreement, and which is used in accordance with the product documentation provided by the contractor, shall be 4-digit Year 2000 compliant (or approved enabled). All products shall accurately process all date-change data from start to finish, including, but not limited to, twentieth, twenty-first centuries and leap year calculations. Any product provided under this Agreement discovered not to be compliant after acceptance shall be corrected by the contractor at no additional cost to the City. Failure to correct the deficiency shall subject the contractor to default action. INCLUDE THE FOLLOWING PARAGRAPH WHEN THE REQUIREMENT IS FOR A SYSTEM AND/OR CUSTOMIZED SOFTWARE WHICH WILL BE USED IN COMBINATION WITH AGENCY OWNED PRODUCT(S) OR SOURCE(S) OF DATA AND WHICH ARE IDENTIFIED IN THE SOLICITATION: The contractor shall not be responsible for correcting any product(s) (e.g., hardware, software, firmware) which were not provided under this agreement or for correcting any previously owned City products that are used in combination with the contractor’s product(s); however, if this solicitation identifies any product or sources of data to be used in combination with the product(s) delivered under the resulting agreement, the contractor shall be responsible for providing all necessary interface(s) or other appropriate means for assuring that date data output from such other product(s) or source(s) is automatically corrected before being processed by the product(s) or system provided under this agreement. 30. NONVISUAL ACCESS TO TECHNOLOGY: All information technology which, pursuant to this agreement, is purchased or upgraded by or for the use of any State agency or institution or political subdivision of the City (the “Technology”) shall comply with the following nonvisual access standards from the date of purchase or upgrade until the expiration of this agreement: (i)
effective, interactive control and use of the Technology shall be readily achievable by nonvisual means;
(ii) the Technology equipped for nonvisual access shall be compatible with information technology used by other individuals with whom any blind or visually impaired user of the technology interacts; (iii) Nonvisual Access Technology shall be integrated into any networks used to share communications among employees, program participants or the public; and (iv) the Technology for nonvisual access shall have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. Compliance with the foregoing nonvisual access standards shall not be required if the head of the using agency, institution or political subdivision determines that (i) the Technology is not available with nonvisual access because the essential elements of the Technology are visual and (ii) nonvisual equivalence is not available. 29
Installation of hardware, software or peripheral devices used for nonvisual access is not required when the Technology is being used exclusively by individuals who are not blind or visually impaired, but applications programs and underlying operating systems (including the format of the data) used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices. If requested, the Contractor shall provide a detailed explanation of how compliance with the foregoing nonvisual access standards is achieved and a validation of concept demonstration. The requirements of this Paragraph shall be construed to achieve full compliance with the Information Technology Access Act, §§ 2.2-3500 through 2.2-3504 of the Code of Virginia.