RFP 22-0021 Leased Dark Fiber

RFP 22-0021 Leased Dark Fiber (ERATE) Leased Dark Fiber RFP 22-0021 REQUEST FOR PROPOSALS Solicitation No: 22-0021 For the Provision of LEASED DARK FIBER RFP Closing: February 2, 2023 at 2:00 PM Pacific Time Issued by: Beaverton School District 48J 1260 NW Waterhouse Ave Beaverton, Oregon 97006 January 5, 2023 Questions must be submitted in writing via email to: contracts@beaverton.k12.or.us Deadline for Questions: January 26, 2023, at 4:00 PM PST Business Services Procurement and Contracting 1260 NW Waterhouse Ave. Beaverton, OR 97006 RFP 22-0021 REQUEST FOR PROPOSAL (RFP) Solicitation No: RFP 22-0021 Summary The purpose of this Request for Proposals (Solicitation) is to obtain competitive proposals from qualified Proposers interested in the provision of Leased Dark Fiber or Lit Fiber. No pre-proposal conference will be held for this solicitation. Interested Proposers must submit a Proposal pursuant to the provisions of this solicitation by email only to: contracts@beaverton.k12.or.us NOT LATER THAN: SOLICITATION DUE DATE AND TIME (CLOSING): February 2, 2023, at 2:00 PM Pacific Time No public opening will occur. Proposals will be opened and recorded. The number of Proposals received, the identity of Proposers, or the contents of any proposal will not be disclosed to the public until all proposals have been evaluated, negotiations completed if required, and a recommendation for award has been published. Proposers are solely responsible for ensuring that the Beaverton School District receives its Proposal. LATE PROPOSALS WILL NOT BE ACCEPTED. Prospective Proposers must register with Oregon Buys – http://oregonbuys.gov/ to obtain the solicitation documents. All questions and comments regarding this solicitation must be directed ONLY BY EMAIL to: contracts@beaverton.k12.or.us. EMAIL SUBJECT LINE: “Questions regarding RFP 22-0021, Leased Dark Fiber PROPOSALS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION. THE DISTRICT MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS. SECTION I – INTRODUCTION Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 1. INTRODUCTION: This solicitation is issued pursuant to ORS 279A, ORS 279B and the Oregon Attorney General Model Rules Divisions 46 and 47. 2. DEFINITIONS: The term "District" or “Owner” throughout this document means the Beaverton School District (“District”). The term “Proposer” means the person or firm that submits a proposal in response to this solicitation. The term “Proposal” or “Offer” means a written response to provide Goods or Services in response to this solicitation. “Closing” means the date and time specified in the solicitation as the deadline for submitting Proposals. “Contractor” or “Supplier” means the firm awarded a Contract as a result of this solicitation. 3. SOLICITATION REVIEW: Proposers must carefully review the solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the District's attention by protest pursuant to QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST in Section III, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered. 4. BACKGROUND: a. The Beaverton School District encompasses approximately 57 square miles in northwestern Oregon in Washington County. The District, located in the Portland, Oregon metro area, is the third largest School District in Oregon. b. The Beaverton School District has approximately 4,700 employees. The District is responsible for educating approximately 41,000 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, eight (8) Middle Schools, six (6) High Schools, and five (5) Options Schools. c. Potential work is to be performed on an as needed basis, or as otherwise directed, at these sites and any future properties or interests of the District. 5. SCOPE OF WORK: The intent of this solicitation is to enter into a Contract for the provision of Leased Dark Fiber or Lit Fiber for identified Beaverton School District locations. 6. CONTRACT: The successful Proposer, selected by the District, will receive a Master Price Agreement. A sample is enclosed herein (see SECTION V – ATTACHMENT G). a. Proposers are advised to thoroughly review and familiarize themselves with the standard contract. Certain contract terms reflect State statute and may not be altered. b. The Contractor will be expected to promptly sign a contract including all standard terms and conditions contained in the sample contract. The District will execute the Contract only after it has obtained all applicable required documents and approvals. c. Individual Project Work Authorizations (PWAs) will be issued by the District as needed. 7. AMENDMENTS: The District may amend a Contract without additional competition pursuant to OAR 137-047-0800. SECTION I – INTRODUCTION Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 8. CONTRACT PERIOD/EXTENSION: a. Selected Proposer will be issued a Contract effective upon full execution, through June 30, 2024. b. The District may elect to extend the Contract for a total of five (5), one (1) year terms. The District will send a Project Work Authorization to the Contractor prior to the Contract end date for each consecutive Contract period. c. The Supplier's pricing and rates must remain firm through June 30 of each contract period. 9. CONTRACT ADMINISTRATOR: The Contract Administrator for this Master Price Agreement will be the Administrator for Technology Services, or designee. 10. DISTRICT REPRESENTATIVE: The District Representative for the project is the Administrator for Technology Services, or designee. 11. SOLICITATION SCHEDULE: The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Proposer information only. The District reserves the right to deviate from this schedule. Solicitation Milestone Completion Date Deadline for Questions January 26, 2023, at 4:00 PM PST Proposals are Due February 2, 2023, at 2:00 PM PST 12. CONTACT DURING SOLICITATION: Questions must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the summary page of this solicitation. No other contact regarding this solicitation during the solicitation process is permitted. Contact with other Beaverton School District employees, officials or representatives regarding this solicitation is not authorized. Such unauthorized conduct by a provider may grounds for immediate rejection of the offender’s Proposal. SECTION II – STATEMENT OF WORK Solicitation No.: 22-0021 Leased Dark Fiber RFP 22-0021 1. PURPOSE AND INTRODUCTION: The purpose of this solicitation is to obtain competitive offers from qualified Firms (Proposers) interested in the provision of Leased Dark Fiber or Lit Fiber Service between identified Beaverton School District (District) locations. 2. NARRATIVES ON PREFERRED NETWORK DESIGN AND PERFORMANCE: Narrative on Network Architecture: See SECTION V – ATTACHMENT I - for a Hypothetical Fiber Design. Narrative on Leased Dark Fiber option: a. Preference for a multiple-hub design, where each proposed network segment terminates at two different hub sites. Note that different network segments may terminate at different hub sites. As a general rule of thumb, we assume that shorter fiber paths are l ess expensive, and as such, leveraging all of the widely distributed existing hub sites may yield a lowest cost of ownership solution.

• A full-mesh design with each site directly connected to two hubs is preferred
• Two fibers (one pair) per network segment is the minimum, more than two fiber is preferred.
• Locations may be “daisy chained” using two or more fibers, with limitations on the total distance and

number of hops in the chain. In this scenario, BSD will create a full-mesh design using BiDi and/or DWDM. b. Preference for minimum length shared-path laterals. Physically diverse building entrances and lateral paths are ideal, but not required. c. Preference for designs that mitigate existing long, single path laterals d. BSD plans on lighting dark fiber with a combination of 10G/40G/100G optics (1310nm) and/or DWDM optics (1550nm). e. Dark fiber designs in particular offer the capacity to interconnect with the existing High School Fiber ring operated by BSD. In the spirit of partnerships and improving the reliability of K12 educational networks as a whole, vendors are encouraged to propose designs that include an option that includes network segments that terminate at the Optional Hub Sites – especially if it results in a lower total cost of ownership. Connection for Leased Dark Fiber details as follows: Hazeldale Elementary 20080 SW Farmington Rd Beaverton 97007 Errol Hassell Elementary 18100 SW Bany Rd Beaverton 97007 Cooper Mountain Elementary 7670 SW 170th Beaverton 97007 Scholls Heights Elementary 16400 SW Loon Dr. Beaverton 97007 Nancy Ryles Elementary 10250 SW Cormorant Dr. Beaverton 97007 Hiteon Elementary 13800 SW Brockman Rd. Beaverton 97008 Sexton Mountain Elementary 15645 SW Sexton Mountain Rd. Beaverton 97007 Vose Elementary School 11350 SW Denney Rd. Beaverton 97008 Greenway Elementary 9150 SW Downing Dr. Beaverton 97008 Conestoga Middle School 12250 SW Conestoga Dr. Beaverton 97008 Whitford Middle School 7935 SW Scholls Ferry Beaverton 97008 McKay Elementary 7485 SW Scholls Ferry Beaverton 97008 SECTION II – STATEMENT OF WORK Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 Montclair Elementary 7250 S. Vermont St. Portland 97223 Raleigh Hills 5225 SW Scholls Ferry Rd Portland 97225 Raleigh Park Elementary 3670 SW 78th Ave. Portland 97225 10615 SW 5th Street 10615 SW 5th Street Beaverton 97005 Transportation 10420 SW Allen Blvd Beaverton 97005 Fir Grove Elementary 6300 SW Wilson Ave. Beaverton 97008 Highland Park Middle 7000 SW Wilson Ave. Beaverton 97008 Chehalem Elementary 15555 SW Davis Rd. Beaverton 97007 Current Hub Sites on Establish ring Sunset High School 13840 NW Cornell Rd Portland 97229 Westview High School 4200 NW 185th Ave Portland 97229 BASE 10740 NE Walker Rd Hillsboro 97006 Merlo Admin 16550 Merlo Rd. Beaverton 97003 International School 17770 SW Blanton St Beaverton 97078 Aloha High School 18550 SW Kinnaman Rd Beaverton 97078 Mountainside High School 12500 SW 175th Ave Beaverton 97007 Southridge High School 9625 SW 125th Ave Beaverton 97008 Beaverton High School 13000 SW Second St Beaverton 97005 Arts and Communications 11375 SW Center St. Beaverton 97005 f. Requirements:

• Proposer must provide a valid SPIN number in their Proposal, or a copy of their FCC

(Federal Communications Commission) Form 498 that has already been submitted to Universal Service Administration Company (USAC). (See https://www.usac.org/sl/tools/forms/default.aspx for more information.)

• Proposers that intend to provide telecommunications services (as opposed to solely

proposing to provide equipment, monitoring/management services, or configuration/implementation services), must be recognized by USAC as a telecommunication common carrier. Proposer must also provide the company’s Federal Communications Commission Registration Number (FCCRN) in its Proposal. For more information, please visit: https://apps.fcc.gov/cores/userLogin.do.

• Each Proposer also must certify that it is in good standing and not subject to “Red Light

Status” with the FCC.

• Proposers must demonstrate the capacity to meet the network build requirements

through client references, prior work, and financial documentation. g. Cabling and Construction:

• Inside Building Cable Routing:
• Intra-building cable routing shall be performed in accordance with all applicable

local building codes. When required, the Service Provider must plan a splice point at the building entrance to transition from outdoor cable to indoor cable, or enclose the outdoor cable in metallic conduit or covered metal raceway. SECTION II – STATEMENT OF WORK Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021

• Cable Slack for Repair or Relocation:
• A small amount of slack cable (15 – 20 feet) must be neatly stored in each Main

Distribution Frame (MDF) in the event that a cable repair or relocation is required.

• Site Make Ready Work:
• Any trenching and conduit placement from the street to the building entrance

point must include all necessary pavement and ground repair. All pavement and other grounds must be returned to its original condition. All installation of cabling, pathways, etc. must be to BICSI specification and the design specifications of the District. b. Leased Dark Fiber

• Contract and Price Requirements:
• Proposals must include pricing for the following contract periods:
• Five (5) years initial term with five (5) one-year annual renewals.
• Ten (10) years initial term with five (5) one-year annual renewals.
• Twenty years (20) initial and full term.
• Proposals must include:
• Monthly Recurring Costs (MRC) related to the circuit or fiber lease,

including but not limited to taxes, maintenance, support, and any other recurring fees.

• Non-Recurring installation Costs (NRC).
• Special Construction Costs
• The District prefers pricing to reflect Special Construction/Non-Recurring costs to lower MRC.
• Provider must be willing to add additional sites as requested by the District

using the same Proposed pricing without extending the Contract Period as detailed above.

• Provider must be willing to increase bandwidth/fiber count as requested by the

District to existing sites without extending the Contract Period as detailed above.

• Within the scope of this solicitation, Service Provider must not prohibit, restrict,

discriminate, or charge differently by user, content, website, platform, application, type of attached equipment, or method of communication.

• Fiber Requirements
• Fiber/Cable Type
• Preference for non -dispersion compensated fibers consistently

throughout the network.

• Service Providers must identify the fiber type they use in their response

and provide specifications for the fiber and cable.

• The District anticipates lighting the Service Provider’s fiber with a

combination of 10GBASE G.694.1 100Ghz DWDM, 10GBASE Bi- Directional, 40GBASE and/or 100GBASE optical modules with LC/UPC connectors.

• Preference for SC/UPC patch panels

SECTION II – STATEMENT OF WORK Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021

• Fiber Testing
• Insertion loss testing measuring end -to-end attenuation (including all

fiber, splices, and connectors) shall be conducted on all the fiber links. Insertion loss testing shall be done in both directions at the operating wavelengths of 1310 nm and 1550 nm. T he double -ended loss test methodology shall be used.

• The Service Provider must record all optical power measurements to

the nearest tenth of a unit of measure (to one significant digit in the decimal place, i.e., -3.2 dB).

• Test results must be permanently recorded and presented in both

hardcopy and computer- readable format to the District for review. Any fiber link failing to meet the Link Loss Budget standards will be repaired or removed and replaced at no cost to the District with an installation that proves through testing to meet the standards.

• The Fiber Network will not be accepted until all fibers meet the

appropriate standards.

• The Service Provider is required to provide documentation of their

fiber testing procedures, including referencing procedures for fiber optic testing, prior to testing. This document must list equipment to be used (manufacturer and model number) and the date when it was last calibrated. All test equipment used must have been factory calibrated, or by an approved calibration service provider, within the past two (2) years.

• Design Requirements:
• Preference for lowest-cost and geographically diverse fiber paths.
• Proposers must provide fiber path route maps detailing the cable routes for

the proposed fiber links.

• Proposers may propose alternate architectures that meet the objectives of

low total cost of ownership, fault resilience, and capacity.

• Link Loss Budget
• Preference for link loss of 4 dB or less as measured using a double-

ended loss test at 1310 nm

• Preference that link loss does not exceed 12 dB as measured using a

double-ended loss test at 1310 nm

• Proposers must identify in their proposal any links where the

estimated link loss is expected to exceed 12 dB. The estimated link loss must be indicated for any exception.

• Service Level Requirements:
• Preference that services are available with at least 99.99 percent reliability.
• Preference for Mean Time to Restore of four (4) hours or less.
• Provider must be willing to agree to Service Level Agreements (SLAs) with

financial penalties for service outages, lack of availability of the contracted service capacity, and any failure to meet quality of service specifications for Link Loss Budget.

• Provide Build Out Schedule. Service Provider must meet E-Rate

established timelines for construction completion, and lighting service where applicable. SECTION II – STATEMENT OF WORK Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 c. Leased LIT Fiber

• District is also soliciting bids for leased Lit fiber service with the following

specifications in order to find the most cost-effective solution:

• 10 Gbps, 40Gbps, 100Gbps pricing will need to be provided and will be

used for comparisons with dark fiber solution to find the most cost- effective solution.

• Pricing for 1Gbps – 10Gbps will need to be provided as needs for the

district may change over the course of the contract term.

• Five (5) years initial term with up to five (5) one-year annual

renewals.

• Ten (10) years initial term with up to five (5) one-year annual

renewals.

• Twenty years (20) initial and full term.
• Leased lit fiber services bids will need to connect the following

locations to the district hub, the locations are listed below.

• Connections for Leased Dark Fiber detailed as follows:

Hazeldale Elementary 20080 SW Farmington Rd Beaverton 97007 Errol Hassell Elementary 18100 SW Bany Rd Beaverton 97007 Cooper Mountain Elementary 7670 SW 170th Beaverton 97007 Scholls Heights Elementary 16400 SW Loon Dr. Beaverton 97007 Nancy Ryles Elementary 10250 SW Cormorant Dr. Beaverton 97007 Hiteon Elementary 13800 SW Brockman Rd. Beaverton 97008 Sexton Mountain Elementary 15645 SW Sexton Mountain Rd. Beaverton 97007 Vose Elementary School 11350 SW Denney Rd. Beaverton 97008 Greenway Elementary 9150 SW Downing Dr. Beaverton 97008 Conestoga Middle School 12250 SW Conestoga Dr. Beaverton 97008 Whitford Middle School 7935 SW Scholls Ferry Beaverton 97008 McKay Elementary 7485 SW Scholls Ferry Beaverton 97008 Montclair Elementary 7250 S. Vermont St. Portland 97223 Raleigh Hills 5225 SW Scholls Ferry Rd Portland 97225 Raleigh Park Elementary 3670 SW 78th Ave. Portland 97225 10615 SW 5th Street 10615 SW 5th Street Beaverton 97005 Transportation 10420 SW Allen Blvd Beaverton 97005 Fir Grove Elementary 6300 SW Wilson Ave. Beaverton 97008 Highland Park Middle 7000 SW Wilson Ave. Beaverton 97008 Chehalem Elementary 15555 SW Davis Rd. Beaverton 97007 That pricing among all responsive proposals submitted for leased dark fiber service will be compared with any proposed leased lit fiber solutions received to find the most cost-effective solution. SECTION II – STATEMENT OF WORK Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 3. ADDITIONAL REQUIREMENTS: a. Background Checks. All personnel on-site will be required to be badged and must be subject to a background check per District Standards. See sample Contract attached to this solicitation. b. Contractor must employ only persons duly licensed by the State of Oregon to perform the Work required under this Contract for which applicable Oregon Law requires a license. SECTION III– STATEMENT OF WORK Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 1. FORMAL SELECTION PROCEDURE: Pursuant to OAR 137-047-0260 The District may procure Goods or Services by competitive sealed Proposals as set forth in ORS 279B.060. 2. PROPOSALS ARE OFFERS: Pursuant to OAR 137-047-0310 A Proposal submitted in response to this solicitation is the Proposer’s offer to enter into a Contract. a. By signing and submitting a Proposal, the Proposer acknowledges it has read, understands and agrees to be bound by the terms and conditions contained in this solicitation. b. The Proposal is a "firm offer," and must be held open by the Proposer for the District's acceptance for sixty (60) days. c. The District's award of a Contract constitutes acceptance of the Proposal and binds the Proposer to the Contract. d. The Proposer must not make its Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this solicitation. 3. PROPOSAL PREPARATION: Pursuant to OAR 137-047-0400 A Proposer must sign and submit its Proposal in accordance with the instructions set forth in this solicitation. Failure to submit Proposals in accordance with the provisions of this solicitation will be grounds to declare the Proposal as non-Responsive. Proposers must: a. Submit a complete Proposal (a Proposal that meets all requirements of this solicitation); b. Provide the District with all required and requested documents and descriptive literature; c. Initial any corrections or erasures to their Proposal prior to closing; d. Identify (on the Proposer Certification form) whether the Proposer is/is not a "resident Proposer”, as defined in ORS 279A.120(1); e. Provide (on the Proposer Certification) certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and f. Provide (on the Proposer Certification form) Written acknowledgment of receipt of all Addenda. 4. PROPOSAL SUBMISSION: Pursuant to OAR 137-047-0410 a. To ensure proper identification and handling, Proposals must be submitted appropriately marked by email with the Proposer’s name and the solicitation number clearly legible in the “RE:” line of the email. b. Proposals must emailed to contracts@beaverton.k12.or.us. c. Facsimile and hard copy Proposals will not be accepted. d. The District is not responsible for Proposals submitted in any manner, format or to any delivery point other than as required in this solicitation. e. Proposers are solely responsible for ensuring that the District receives their Proposal at the required delivery point prior to closing. 5. ADDENDA: Pursuant to OAR 137-047-0430 a. Issuance; Receipt. The District may change this solicitation only by Written Addenda. A Proposer must provide written acknowledgement of receipt of all issued Addenda in the space provided on the Proposer Certification form. b. Notice and Distribution. The District will publish notice of any and all Addenda on the Oregon Buys website. Addenda may be downloaded from the Oregon Buys website. It is the Proposers’ responsibility to inquire about Addenda. Proposers should frequently check the Oregon Buys website until the solicitation closing (due date and time) about any Addenda issued, i.e., at least once weekly until the week of closing and at least once daily the week of the closing. c. Timelines; Extensions. The District will issue Addenda within a reasonable time to allow prospective Proposers to consider the Addenda in preparing their Proposal. The District may extend the closing if SECTION III– INSTRUCTIONS TO PROPOSERS Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 the District determines prospective Proposers need additional time to review and respond to Addenda. Except to the extent required by public interest, the District will not issue Addenda less than 72 hours before the closing unless the Addendum also extends the closing. d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Proposer may submit a Written request for change or protest to the Addendum, as provided in OAR 137-047- 0730, by the close of the District's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-047-0730, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving protests to the solicitation Document in accordance with OAR 137-047-0730, then the District may consider a Proposer’s request for change or protest to the Addendum only, and the District will not consider a request for change or protest to matters not added or modified by the Addendum. 6. QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST: Proposers may request changes or clarifications to, or protest, any provision, specification or Contract term contained in this solicitation: a. Questions, Clarifications, Changes. All questions regarding this solicitation must reference the solicitation number and must be submitted in writing via e-mail to the attention of the person indicated on the Summary page of this solicitation. b. No oral questions will be accepted other than at the preproposal conference (if any). c. Questions received by the District prior to deadline will be answered in a written addenda. d. Protest. Pursuant to OAR 137-047-0730, a prospective Proposer may protest the procurement process or the solicitation Document for a Contract solicited under ORS 279B.060 as set forth in ORS 279B.405. Written protests must include: i. A detailed statement of the legal and factual grounds for the change, clarification, or protest; ii. A description of the resulting prejudice to the Proposer; and iii. A statement of the form of relief requested or any proposed changes to the solicitation provisions, specifications, or contract terms and conditions.Written protests must be clearly marked with the solicitation number and submitted in writing to the Purchasing Manager by email to contracts@beaverton.k12.or.us. e. Deadline. Questions, changes, clarifications, or solicitation protests must be received no later than the date/time stated in Section I SOLICITATION SCHEDULE. The District will not consider any solicitation protest or request for change that is submitted after the submission deadline. f. Response. Responses to questions/clarifications and notice of the District’s protest determination will be provided in written addenda pursuant to ADDENDA above. The District’s response to a Proposer, whether orally or in Writing, does not change the solicitation and is not binding on the District unless the District amends the solicitation by written Addendum. g. Protesters must exhaust all administrative remedies before seeking judicial review. 7. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF PROPOSALS: Pursuant to OAR 137-47-0440 A Proposer may modify or withdraw its Proposal in Writing only prior to closing. Modification or withdrawal must: a. Be clearly marked “Proposal Modification” or “Proposal Withdrawal” and marked and delivered as described in PROPOSAL SUBMISSION above; b. Include the Proposer's statement that the modification amends and supersedes the prior Proposal; Proposers are solely responsible for ensuring that the District receives it modification or withdrawal prior to the solicitation closing date and time. Modifications and/or withdrawals must be prepared and submitted on the Proposer's letterhead and signed by an authorized representative of the Proposer. SECTION III– INSTRUCTIONS TO PROPOSERS Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 8. RECEIPT, OPENING, AND RECORDING OF PROPOSALS: Pursuant to OAR 137-47-0450 a. The District will open each proposal that has been properly submitted. The District will use the time stamp of the District’s email system as the sole determinant for properly submitted proposals. b. The District will not be responsible for the premature opening or failure to open a Proposal that is not properly addressed and/or identified. c. Proposals will be opened and recorded. The number of Proposals received, the identity of Proposers, or the contents of any Proposal will not be disclosed to the public until all Proposals have been evaluated, negotiations completed if required, and a recommendation for award has been published. 9. LATE PROPOSALS, LATE WITHDRAWALS, AND LATE MODIFICATIONS: Pursuant to OAR 137-47-0460 Any Proposal received after closing is late. A Proposer’s request for withdrawal or modification of a Proposal received after closing is late. The District will not consider late Proposals, withdrawals or modifications except as permitted in MISTAKES below. The District reserves the right to consider Proposals that have been delayed or mishandled by the District. 10. MISTAKES: Pursuant to OAR 137-47-0470 To protect the integrity of the competitive Procurement process and to assure fair treatment of Proposers, the District will carefully consider whether to permit waiver, correction or withdrawal of Proposals for certain mistakes. The District will not allow a Proposer to correct or withdraw a Proposal for an error in judgment. If mistakes in a Proposal are discovered after opening, but before award of the Contract, the District may take the following action: a. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than of substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers. b. The District may correct a clerical error if the error is evident on the face of the Proposal, or other documents submitted with the Proposal, and the Proposer confirms the District's correction in writing. c. The District may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only in accordance with OAR 137-47-0470(2)(c) and (d). d. The District will reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents accompanying the Proposal. 11. AWARD: Pursuant to OAR 137-47-0600 a. Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the School Board, the District reserves the right to cancel any solicitation or Contract resulting from a solicitation at no penalty. b. If awarded, the District will award a Master Trade Services Contract to the Responsible Proposer(s) that submitted the most advantageous responsive Proposal(s), and that meets the minimum requirements of this solicitation. c. The District may award by item, groups of items or the entire Proposal. d. The District may award multiple Contracts if beneficial to the District for adequate availability, delivery, service, competition, pricing, product capabilities, or other factors deemed significant by the District. This notice of multiple awards does not preclude the District from awarding a single Contract. e. The District may award a Contract for parts of the solicitation for which acceptable Proposals have been received. f. The District may award all or none offers if the evaluation shows an all or none award to be the most Advantageous or in the best interest of the District. g. The District may reject all or part of Proposals and may issue a new solicitation on the same or revised terms, conditions and specifications. h. When Proposals are identical the District must award the contract Pursuant to OAR 137-046-0300. SECTION III– INSTRUCTIONS TO PROPOSERS Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 12. NOTICE OF INTENT TO AWARD: Pursuant to OAR 137-047-0610 The District will provide a written Notice of Intent to Award (NOI) to all Proposers at least seven (7) calendar days before the Award of a Contract, unless the District determines that circumstances require prompt execution of the Contract. The District's award will not be final until the later of the following: a. Until the District provides written response(s) to all timely filed protest(s) denying the protest(s) and affirming the award. 13. PROPOSAL REJECTION. Pursuant to OAR 137-047-0640 and OAR 137-047-0650 a. The District may reject any Proposal as set forth in ORS 279B.100: i. When the rejection is in the best interest of the District. ii. When the Proposal is contingent upon the District's acceptance of terms and conditions (including Specifications) that differ from the solicitation. iii. When the Proposal takes exception to terms and conditions (including Specifications) set forth in the solicitation. iv. That attempts to prevent public disclosure of matters in contravention of the terms and conditions of the solicitation or applicable law. v. That fails to meet the specifications of the solicitation. vi. That is submitted late. vii. Not in substantial compliance with the solicitation or with all prescribed public procurement procedures. viii. Not in compliance with ORS 279B.120, 279B.130, OAR 137-046-0210(3), 279A.105, ORS 279A.110(4). ix. When the Proposer is not responsible pursuant to ORS 279B.110. b. The District may reject all Proposals as set forth in ORS 279B.100. The District will notify all Proposers of the rejection, along with the reasons for rejection. Proposals may be rejected based upon the following criteria: i. The content of or an error in the solicitation or the procurement process unnecessarily restricted competition for the Contract. ii. The price, quality or performance presented by the Proposers are too costly or of insufficient quality to justify acceptance of any Proposal. iii. Misconduct, error, or ambiguous or misleading provisions in the solicitation threaten the fairness and integrity of the competitive process. iv. Causes other than legitimate market forces threaten the integrity of the competitive process, such as collusion, corruption, unlawful anti-competitive conduct, and/or inadvertent or intentional errors in the solicitation. v. The District cancels the solicitation in accordance with OAR 137 -047-0660. vi. Any other circumstance indicating that awarding the Contract would not be in the public interest. 14. SOLICITATION CANCELLATION: Pursuant to OAR 137-047-0660 The District may cancel, delay or suspend a solicitation, or reject all Proposals, in accordance with ORS 279B.100 when it is in the best interest of the District as determined by the District. In the event of any such cancellation, delay, suspension or rejection, the District is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection. 15. PROPOSAL COSTS: Proposers responding to solicitations are responsible for all costs they may incur in connection with submitting Proposals. SECTION III– INSTRUCTIONS TO PROPOSERS Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 16. CONTRACT AWARD PROTEST: Pursuant to OAR 137-047-0740 a. Proposers may protest the award of a Contract, or the intent to award a Contract if the conditions set forth in ORS 279B.410(1) are satisfied. b. Proposers must email a written protest to the Purchasing Manager, addressed to contracts@beaverton.k12.or.us I. Email must be clearly marked as a Protest to the award of a contract arising from: add Title of solicitation and solicitation number II. Email must be received within seven (7) Days after the issuance of the NOI. III. The Proposer’s protest must be in writing and must specify the grounds for the protest to be considered by the District pursuant to ORS 279B.410(2). IV. Proposer is responsible for ensuring the District receives the protest. c. The District will not consider any protest that is submitted after the submission deadline. d. Resolution of Protests. The District’s Purchasing Manager will settle or resolve a written protest submitted in accordance with the requirements of this Rule and will issue a written decision on the protest in a timely manner as set forth in ORS 279B.410(4). e. Decision. If a protest is not settled, or resolved by the Purchasing Manager, the Superintendent, or designee, has the authority to resolve the protest. f. Proposers must exhaust all administrative remedies before seeking judicial review. Judicial review of this decision will be in accordance with ORS 279B.415. If the District upholds the protest, in whole or in part, the District may in its sole discretion either award the Contract to the successful Protestor or cancel the procurement or solicitation. 17. ADDITIONAL REQUIREMENTS: a. The District reserves the right to seek clarifications of submitted Proposals, which may or may not affect the evaluation scoring. b. The District reserves the right to negotiate a final Contract that is in the best interest of the District. c. Failure of the District to insist on strict performance of any one provision of this solicitation or a resulting contract will not constitute a waiver of any of the other provisions of this Solicitation or resulting Contract or waiver of any other default of the Proposer. 18. CONFIDENTIALITY OF PROPOSALS: The District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. The District may withhold from disclosure confidential information pursuant to ORS 192.501 or 192.502. a. If a proposer has specific information, they deem Confidential or Proprietary, provider must: i. submit a separate clearly marked copy of the proposal with the information clearly delineated and marked as “containing Proprietary or Confidential Information”. ii. The information must be redacted in such a manner as to keep the formatting intact but the content should not be legible. b. The District will use the non-redacted copy for evaluation purposes but may release the reacted copy pursuant to a Public Records Request. c. If a Public Records Request claims that the redacted material is not subject to retention, the District will submit the redacted copy and the non-redacted copy to the Washington County District Attorney for review and their opinion will be final. d. If a Proposer does not submit a redacted copy in their Proposal submission the District may, at its option, release the non-redacted copy without notice to the Proposer. e. If a Proposer marks their entire Proposal as Confidential or Proprietary the District may ignore such marking and release the proposal or declare the Proposal non-responsive and return it to the Proposer. SECTION IV RESPONSE AND EVALUATION Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 1. INTRODUCTION: This section prescribes the mandatory format for the presentation of a Proposal in response to this solicitation. The purpose of this format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of each Proposal. Failure to provide any information requested in this solicitation may result in rejection of the Proposal. 2. PROPOSAL FORMAT: A Proposer’s submitted Proposal: a. Should be sent to in searchable MS Word/pdf format to contracts@beaverton.k12.or.us. Elaborate artwork and visuals are not necessary. Brochures or other promotional presentations beyond that sufficient to present a complete and effective Proposal are not desired. b. The Proposal page limit is 15 digital pages, not including the required documents (Attachments A – H). 3. PROPOSAL CONTENT REQUIREMENTS: Proposers must provide a reply to each of the following items. The Proposer Certification Form (see Attachments) must be completed and should be submitted as the cover of the Proposer’s response. Do not assume the District has any prior knowledge of the Proposer. Proposers must present a Proposal containing the specific information requested and submit all attachments as required, in the order listed below: a. REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS: See SECTION V – ATTACHMENTS, PROPOSAL SUBMISSION CHECKLIST. b. DETAILED PROPOSAL CONTENT REQUIREMENTS: i. LEASED DARK FIBER REQUIREMENTS or LIT FIBER. A. Describe in detail how Proposer will provide Leased Dark Fiber or Lit Fiber. Address each applicable item in SECTION II – STATEMENT OF WORK for each service Proposer is proposing for. Focus on the Proposer’s ability to perform all of the required tasks. ii. SERVICE LEVEL AGREEMENT, MEAN TIME TO RESTORE, BUILD OUT. A. Describe in detail how Proposer will meet the requirements for Service Level Requirements, Mean Time to Restore, and Build Out. Specifically address each applicable item in SECTION II – STATEMENT OF WORK for each service Proposer is proposing for B. Provide a brief narrative of the Proposer’s history and capabilities. C. Provide a brief narrative of the proposed staffing approach for the District’s account. iii. PRICE SCHEDULE. A. Provider’s submission in Price Schedule response must: (i) Be submitted on the Price Schedules provided (see SECTION V – ATTACHMENT H1 Leased Dark Fiber and H2 Lit Fiber Service), (ii) Proposer may submit a price schedule for Leased Dark Fiber or Lit Fiber Services or both. B. Additional notes may be made at the bottom of the schedule by the Proposer if necessary. SECTION IV RESPONSE AND EVALUATION Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 iv. INSURANCE REQUIREMENT. A. Provide a statement of agreement to the insurance clause in the sample Master Price Agreement (see SECTION V – ATTACHMENT G). v. REFERENCES. A. Provide five (5) professional references from projects similar to the scope of this solicitation, and from accounts of similar size and complexity. K-12 school district references of similar size to the District are be preferred. B. Use of the provided Proposer Reference Form (see SECTION V – ATTACHMENT F) is required. C. At its discretion, the evaluation committee may choose to check references, or to evaluate them without calling or otherwise contacting. 4. EVALUATION CRITERIA: The District will convene an evaluation committee to score each Proposal by reviewing and evaluating the Proposal content requirements outlined above. The following table indicates how the maximum total points that may be awarded to each evaluation criteria, as well as the interview (if required). The committee will recommend the Proposer(s) with the most award points to be named in a Notice of Intent to Award a Contract. The committee’s recommendation may be presented to the Chief Information Officer, who may, (i) concur with the recommendation, (ii) request that interviews be conducted or further clarifications be requested, or (iii) request that the Purchasing Manager reject all proposals and cancel the RFP, pursuant to applicable rules for doing so. Failure to meet minimum requirements for any individual item may disqualify the Proposal regardless of the total points scored for the other items. Each item will be evaluated as follows: EVALUATION CRITERIA MATRIX Maximum Points Possible i. Quality of Connection 30 ii. Service Level Agreement, Recovery Time Objective, Build Out 30 iii. Price Schedule 40 iv. Insurance Requirements Pass/Fail v. Reference Pass/Fail PROPOSAL CONTENT SUB-TOTAL 100 INTERVIEW – (If Required) 5. Interview 20 INTERVIEW SUB-TOTAL 20 COMBINED TOTAL 120 5. INTERVIEWS: (if conducted) a. The evaluation committee may elect to interview the top ranked Proposers if the evaluation committee considers it necessary or desirable. Optional interviews are at the District’s discretion. b. If the evaluation committee conducts interviews, the interview process will be used to supplement and clarify the information contained in the proposal. SECTION IV RESPONSE AND EVALUATION Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 c. If interviews are required, the points awarded for the interview will be added to the points awarded for the other evaluation criteria to calculate a final score, which will be used to support the committee’s contract award recommendation. d. Particular details about the interviews will be issued to those firms invited to interview. e. Such interviews and any presentation materials will be at the Proposer’s expense. 6. PROPOSAL EVALUATION: a. RESPONSIVENESS AND RESPONSIBILITY: The District will utilize the following objective factors to determine if Proposals are Responsive and Proposers are Responsible: i. RESPONSIBILITY OF PROPOSER (OAR 137-047-0500). Before awarding a Contract, the District shall determine that the Proposer submitting the most Advantageous Proposal is Responsible. The District shall use the standards set forth in ORS 279B.110 and OAR 137-047-0640(1)(c)(F) to determine if a Proposer is Responsible. In the event the District determines a Proposer is not Responsible, it shall prepare a written determination of non-Responsibility as required by ORS 279B.110 and shall reject the Proposal. b. CONTINGENT PROPOSALS. The Proposer must not make its Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this solicitation. c. NON-RESIDENT PROPOSERS. In determining the most Advantageous Responsible Proposal, the District shall apply the reciprocal preference set forth in ORS 279A.120(2)(b) and OAR 137-046-0310. d. IDENTICAL PROPOSALS. When one or more Proposals are identical under OAR 137-046-0300, the District shall award a Contract in accordance with the procedures set forth in OAR 137-046-0300. e. RECYCLED MATERIALS. The District may give preference for Recycled Materials as set forth in ORS 279A.125 and OAR 137-046-0320. f. CLARIFICATION OF PROPOSALS. After Opening, the District may conduct Discussions with apparent Responsive Proposer(s) for the purpose of clarification and to assure full understanding of the Proposal. g. NEGOTIATION. The District may only conduct Discussions or Negotiate with Proposers. After award of the Contract, the District may only modify an awarded Contract in accordance with OAR 137-047-0800. h. OBJECTIVE CRITERIA. The District may allow, at its discretion, certain other objective evaluation criteria. Examples of such criteria include but are not limited to conversion costs, transportation cost, volume weighing, trade-in allowances, cash discounts, depreciation allowances, cartage penalties, ownership or lifecycle cost formulas. 7. EVALUATION COMMITTEE: The Proposals will be evaluated by the Evaluation Committee consisting of not less than three (3) knowledgeable individuals (Evaluators) to review and score Proposals according to the evaluation criteria set forth in this solicitation. The District may assign certain Evaluators to evaluate specific Proposal categories in keeping with the Evaluators’ area of expertise. Working as a Committee or independently (at the discretion of the District) with copies of the written Proposals, the Evaluators will independently assign scores to each Proposal received in accordance with the evaluation criteria defined herein. Evaluators will utilize the criterion (as objectively as possible) to measure the merit of each Proposal received in accordance with the subjective evaluation criteria to determine which Proposals(s) will provide the District with the most advantageous and best overall value. The recommendations of this committee will final. SECTION V – ATTACHMENTS Solicitation No: RFP 22-0021 Leased Dark Fiber RFP 22-0021 PROPOSAL SUBMISSION CHECKLIST ALL CERTIFICATIONS, FORMS, AFFIDAVITS AND DETAILED PROPOSAL CONTENT REQUIREMENTS AS SPECIFIED IN SECTION IV MUST BE INCLUDED IN PROPOSALS. REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS The following certifications and forms must be completed and signed by the person authorized to represent the Proposer regarding all matters related to the Proposal and authorized to bind the Proposer to the agreement. Failure to submit any of the required, completed and signed certifications/forms shall result in disqualification of the proposing firm. ___ PROPOSER CERTIFICATION. (Attachment A) This serves as the cover sheet for your Proposal. ___ INDEPENDENT CONTRACTOR CERTIFICATION. (Attachment B) ___ AFFADAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS. (Attachment C) ___ NON-CONFLICT OF INTEREST CERTIFICATION. (Attachment D) ___ PROPOSER RESPONSIBILITY FORM – All Pages. (Attachment E) ___ PROPOSER REFERENCE FORMS – (Attachment F) ___ PRICE SCHEDULE – (Attachment H1 or H2) ____ DETAILED PROPOSAL CONTENT REQUIREMENTS Detailed Proposal Content Requirements are specified in SECTION IV – RESPONSE AND EVALUATION. _____________________________________________________________________________________ The following attachment(s) are NOT to be returned with the Proposal. The content of these attachment(s) must be reviewed by the Proposer. The terms and conditions are incorporated in this solicitation and will apply to the Contract to be executed for the work. ATTACHMENT G Master Price Agreement ATTACHMENT