E-Rate Category 1 Broadband (FY26-FY31) - UPDATED

09-18-25v2 RFQ

STATE OF TENNESSEE
DEPARTMENT OF EDUCATIO N

REQUEST FOR QUALIFICATIONS
FOR
E-RATE CATEGORY 1 BROADBAND (FY26 -FY31)
RFQ # 33101- 26005FAS5

TABLE OF CONTENTS
SECTIONS:
1. Introduction
2. RFQ Schedule of Events
3. Response Requirements
4. General Information & Requirements
5. Procurement Process & Contract Award
ATTACHMENTS:
A. Technical Response & Evaluation Guide – Mandatory Requirement Items
B. Technical Response & Evaluation Guide – General Qualifications &
Experience Items
C. Technical Response & Evaluation Guide – Technical Qualifications,
Experience & Approach Items
D. Catalog Pricing
E. Statement of Certifications & Assurances
F. Reference Questionnaire
G. Pro Forma Contract

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RFQ # 33101-26005FAS5
2 1. INTRODUCTION

The State of Tennessee, Department of Education, hereinafter referred to as “the State,” issues
this Request for Qualifications (“RFQ”) to define mandatory goods or services requirements; solicit responses; detail response requirements; and outline the State’s process for evaluating
responses.

Through this RFQ or any subsequent solicitation, the State seeks to buy the requested goods or
services and to give ALL qualified respondents , including those that are owned by minorities,
women, service- disabled veterans, persons with disabilities, and small business enterprises, the
opportunity to do business with the state as contractors or subcontractors.
1.1
Statement of Procurement Purpose

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

As a result of t his RFQ , multiple contracts may be awarded for E-Rate Category One - Broadband
Services to LEAs, Public Charters, and SSS operating in the State of Tennessee. Category One
services includes broadband- related items for the school building or school district. The State will
award contracts to all qualified r espondents that provide broadband services in alignment with the
federal E -Rate p rogram requirements for discounted internet services . The services addressed in
this RFQ are limited to data transmission and internet access. Respondents will be scored and
awarded contracts in accordance with Section 5 - PROCUREMENT PROCESS & CONTRACT
AWARD . Cost will not be evaluated under this RFQ; however, R espondents must submit a
Catalog Pricing outlining the goods/services for which the Contractor is authorized to provide in
order to participate in the USAC mini- bid process.

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

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

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

To conduct a mini -bid process, the applicant determines the factors to use for its
evaluation - with the price of the eligible products and services as the most heavily -

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3 weighted factor - scores the service providers appropriately, and chooses the most
cost-effective solution.

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

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

1.2. Pre-Response Conference

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

Meeting ID: 263 720 147 958 4
Passcode: 5hv726L5

Dial in by phone
+1 629- 209-4396,,839774092# United States, Triune
Find a local number
Phone conference ID: 839 774 092# Join on a video conferencing device
Tenant key: stateoftn@m.webex.com
Video ID: 113 996 960 6

1.3. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in R FQ § 2, Schedule of Events,
potential R espondents should submit to the Solicitation Coordinator a Notice of Intent to R espond
in the form of a simple e- mail or other written communication. Such notice should include the
following information: the business or individual’s name (as appropriate), a contact person’s name
and title, the contact person’s mailing address, telephone number, facsimile number, and e- mail
address. Filing a Notice of Intent to Respond is not a prerequisite for submitting a response;
however, it is necessary to ensure receipt of notices and communications relating to this RFQ.

1.4. Definitions and Abbreviations

TERM DEFINITION
Basic Maintenance Internal Connections (“BMIC”) BMIC covers the repair and upkeep of eligible
internal connections. Eligible repair and
upkeep services include hardware, wiring, and
cable maintenance, along with basic technical
support and configuration changes. The

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RFQ # 33101-26005FAS5
4 products must be eligible for discounts in
order for their associated repair and upkeep
services to be eligible.
Billed Entity The entity responsible for paying the bills for
discounted services received by schools and libraries .
Category 1 Category 1 is one of two service categories defined in the FCC’s Eligible Services List. This category focuses on broadband products/services within a school building or school district .
Domain Name System (“DNS”) The DNS is a network of directories on the
Internet used to resolve host names (e.g., www.tn.gov
) into machine- readable IP
addresses (e.g., 192.264.1.1.81) .
Dynamic Host Configuration Protocol (“DHCP”) DHCP is a network protocol used on IP
networks where a DHCP service automatically assigns an IP address and other information to each host on the network so they can communicate efficiently with other endpoints .
Eligible Services List (“ESL”) The ESL is a list released by the FCC prior to
the opening of the Form 471 application filing window. This list contains a description of the products and services that will be eligible for discounts, along with additional helpful
information such as eligibility conditions for
each category of service for each specified funding year.
E-Rate E-Rate is the FCC’s Schools and Libraries
Program funded via the Universal Service Fund and administrated by USAC. The E- Rate
program is responsible for the discounts
funding provided to schools and libraries
across the nation for procurement of broadband services to the building and into the school and/or classroom or public area of a library.
Federal Communications Commission (“FCC”) The FCC is an independent agency of the United States government created by statute
(47 U.S.C. §§ 151, 154) to regulate interstate
communications by radio, television, wire,
satellite, and cable.
FCC Commission Registration System (“CORES”) An online system provided by the FCC that will allow registration for organizations to participate in an FCC program.
FCC Registration N umber (“FRN”) A 10-digit number that is assigned to a
business or individual registering with the FCC.
Form 470 Form 470 is the Description of Services
Requested and Certification Form, which

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5 opens a competitive bidding process for
services requested on the form; may have a
RFP associated with the filing.
Form 471 Form 471 is the Services Ordered and
Certification Form and is the form by which E -
Rate applicants request discounts for eligible
products and/or services. This form is required
to be filed annually during the Form 471
application window.
Form 472 Form 472 is the Billed Entity Applicant Reimbursement ( “BEAR ”) Form, which is used
by the Billed Entity to request E -Rate discount
reimbursement for eligible products/services
received on or after the effective date of
discounts and already paid for by the applicant .
Form 473 E-Rate service providers file an FCC Form
473 (Service Provider Annual Certification
(“SPAC ”)) to certify they are compliant with E -
Rate rules. Service providers must have a
SPAC Form on file for each funding year they
participate in the E -Rate Program and for
each Service Provider Identification Number
(SPIN and/or Form 498 ID). This form is
required by the program in order for invoices
to be paid to the service provider.
Form 474 Form 474 is the Service Provider Invoice
(“SPI”) Form to be completed and submitted
by a service provider that has provided
discounted eligible services to eligible schools
and libraries, in order to seek universal service
support in the amount of the discounts. The
service provider must have provided the
service and given a discounted bill to the applicant prior to submitting the FCC Form
474.
Form 486 Form 486 is the Receipt of Service
Confirmation and Children’s Internet
Protection Act and Technology Plan
Certification Form that notifies USAC that the billed entity and/or the eligible entities that it
represent s is receiving, or has received,
service in the relevant funding year from the
named service provider(s).
Form 498 Form 498 is the Service Provider Identification
Number and General Contract Information
Form and is used to collect contract, remittance, and payment information for
service providers that receive support from the
federal universal service programs. If an
applicant op ts to use Form 472 for
reimbursement of their approved discounts,

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6 they too are required to complete FCC Form
498.
Green Light Status A Green-L ight Status indicates you have no
delinquent bills that restrict you from
conducting business with the FCC.
Local Area Network (“LAN”) Local Area Network is a network that connects computers and other devices in a relatively small area, typically a single building or a group of buildings.
Local Education Agency (ies) (“LEA(s)”) LEA(s) is the term used to collectively refer to
all Tennessee public school districts, the
Department of Children’s Services, and library
systems in the S tate of Tennessee.
Public Charter School(s) (“Public Charter(s)”) Public Charter(s) are a publicly funded
independent school established by teachers, parents, or community groups under the terms of a charter with a local Tennessee school district .
Red Light Status A Red Light Status is a status that indicates a
company has one or more delinquent bills that
will prevent the company from conducting
business with the FCC. If a company has one
or more delinquent bills that were paid and are currently being processed, a Red Light Status will display.
Service Level Agreement / Quality of Service Agreement (“SLA / QoSA”) A SLA / QoSA is an agreement that defines
the level of service a customer expects from a supplier , laying out the metrics by which
service is measured, as well as remedies or penalties should the service levels not be achieved.
Schools and Libraries Division (“SLD”) Division of USAC that administers the E- Rate
Program.
Scope of Work (“SOW”) A Scope of Work is the area in an agreement
where the work to be performed is described.
The SOW should contain any milestones, reports, deliverables, and end products that are expected to be provided by the performing party. The SOW should also contain a timeline for all deliverables.
Topology Topology is the way a network is arranged, including how various nodes, devices, and connections on the network are physically or logically arranged in relation to each other.
Universal Service Administration Company (“USAC”) USAC is an independent, not -for-profit
corporation created by the FCC to administer the four (4) universal service programs
(Schools and Libraries, Rural Health Care,
Lifeline, and High Cost ), which help provide

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7 communities across the country with access to
affordable telecommunications services .

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8 2. RFQ SCHEDULE OF EVENTS
T
he following schedule represents the State’s best estimates for this RFQ; however, the State
reserves the right, at its sole discretion, to adjust the schedule at any time, or cancel and reissue
a similar solicitation. Nothing in this RFQ is intended by the State to create any property rights or
expectations of a property right in any Respondent.
EVENT TIME
(Central
Time
Zone) DATE
(all dates are State
business days)
1. RFQ Issued October 14, 2025
2. Disability Accommodation Request Deadline 2:00 p.m. October 17, 2025
3. Pre-Response Conference 10:00
a.m.October 20, 2025
4. Notice of Intent to Respond Deadline 2:00 p.m. October 21, 2025
5. Written “Questions & Comments” Deadline 2:00 p.m. October 30, 2025
6. State response to written “Questions &
Comments” November 24, 2025
7. RFQ Response Deadline 2:00 p.m. December 8, 2025
8. State Completion of Technical Response Evaluations January 5, 202 6
9. RFQ Cost Proposal Opened (ONLY for the apparent successful Respondents) 2:00 p.m. January 15, 2026
10. RFQ Negotiations (if applicable) January 16-20, 202 6
11. State Notice of Intent to Award Released and
RFQ Files Opened for Public Inspection 2:00 p.m. January 21, 2026
12. End of Protest Period January 28, 2026
13. State sends contract to Contractor for signature January 29, 2026
14. Contractor Signature Deadline 2:00 p.m. February 2, 202 6

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RFQ # 33101-26005FAS5
9 3. RESPONSE REQUIREMENTS

3.1. Response Contents : A response to this RFQ should address the following:

3.1.1. Mandatory Requirements: This section details the mandatory technical, functional, and
experience requirements that must be demonstrated in the response to this RFQ in order
to be passed on to Phase II of the Technical Response evaluation. A Respondent should duplicate and use RFQ Attachment A as a guide to organize responses for the Mandatory Requirements of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table. This section is included in the State’s evaluation as to whether or not a Respondent
meets mandatory qualifications (Phase I).

3.1.2. General Qualifications & Experience: This section is included in the State’s evaluation of
Phase II of the Technical Response Evaluation and details general information and
qualifications that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment B as a guide to organize responses for this
portion of the RFQ response. The Respondent should reference the page location of the
information within the response in the indicated column of the table.

3.1.3. Technical Qualifications, Experience & Approach: This section is also included in the
State’s evaluation of Phase II of the Technical Response Evaluation and details technical
qualifications, experience, and approach items that must be demonstrated in the
response to this RFQ. A Respondent should duplicate and use RFQ Attachment C as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.4. Catalog Pricing:
3.1.4.1. The Catalog Pricing must be recorded on an exact duplicate of RFQ
Attachment D, Catalog Pricing . Any response that does not follow the
instructions included in RFQ Attachment D may be deemed nonresponsive.

3.1.4.2. A Respondent must only record the proposed cost exactly as required by the
RFQ Attachment D, Catalog Pricing and must NOT record any other rates,
amounts, or information.

3.1.4.3. The cost s shall incorporate ALL costs for services under the contract for the
total contract period.
3.1.4.4. A Respondent must sign and date the Catalog Pricing .
3.1.4.5. A Respondent must submit t he Catalog Pricing to the State as a digital
document “XLS” or “XLSX” via the State- provided format and separate from the
Technical Response.
3.2. Response Delivery Location

A Respondent must ensure that the State receives a Response to this RFQ no later than the
Response Deadline time and dates detailed in the RFQ § 2, Schedule of Events. All responses
must be delivered to:

09-18-25v2 RFQ
RFQ # 33101-26005FAS5
10 Genell Jordan | Sourcing Specialist
Central Procurement Office
Tennessee Tower, 3rd Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
(615) 532- 7202
Genell.Jordan@tn.gov

3.3. Response Format

3.3.1. A Respondent must ensure that the original response meets all form and content
requirements detailed within this RFQ.

3.3.2. A Respondent must submit their response as specified in one of the two formats below.

3.3.2.1. Digital Media Submission

3.3.2.1.1. Technical Response

The Technical Response document should be in the form of one
(1) digital document in “PDF” format properly recorded on its own
otherwise blank, standard USB flash drive and should be clearly
identified as the:
“RFQ # 33101- 26005FAS5 TECHNICAL RESPONSE ORIGINAL”
and ONE (1) digital copies of the Technical Response each in the
form of one (1) digital document in “PDF” format properly recorded
on its own otherwise blank, standard USB flash drive clearly
labeled:
“RFQ # 33101- 26005FAS5 TECHNICAL RESPONSE COPY”

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

3.3.2.1.2. Catalog Pricing:

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

“RFQ # 33101- 26005FAS5 CATALOG PRICING ”

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

3.3.2.2. E- mail Submission

3.3.2.2.1. Technical Response

The Technical Response document should be in the form of one
(1) digital document in “PDF” format or other easily accessible
digital format attached to an e- mail to the Solicitation Coordinator.

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11 Both the subject and file name should be clearly identified as
follows:
“RFQ # 33101- 26005FAS5 TECHNICAL RESPONSE”
The customer references should be delivered by each reference in accordance with RFQ Attachment F. Reference Questionnaire.

3.3.2.2.2. Catalog Pricing:

The Catalog Pricing should be in the form of one (1) digital
document in “ XLS” or “XLS X” via the State- provided format
attached to an e- mail to the Solicitation Coordinator. Both the
subject and file name should be clearly identified as follows:
“RFQ # 33101- 26005FAS5 CATALOG PRICING ”
An electronic or facsimile signature, as applicable, on the Catalog Pricing is acceptable.

3.3.3. For e -mail submissions, the Technical Response and Catalog Pricing documents must be
dispatched to the Solicitation Coordinator in separate e- mail messages. For digital
media submissions, a Respondent must separate, seal, package, and label the documents and copies for delivery as follows:

3.3.3.1. The Technical Response and copies must be placed in a sealed package that
is clearly labeled:
“DO NOT OPEN… RFQ # 33101- 26005FAS5 TECHNICAL RESPONSE
FROM [RESPONDENT LEGAL ENTITY NAME] ”

3.3.3.2. The Catalog Pricing must be placed in a separate, sealed package that is
clearly labeled:
“DO NOT OPEN… RFQ # 33101- 26005FAS5 CATALOG PRICING FROM
[RESPONDENT LEGAL ENTITY NAME] ”

3.3.3.3. The separately, sealed Technical Response and Catalog Pricing components
may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled:
“RFQ # 33101- 26005FAS5 SEALED TECHNICAL RESPONSE & SEALED
CATALOG PRICING FROM [RESPONDENT LEGAL ENTITY NAME] ”

3.3.3.4. Any Respondent wishing to submit a Response in a format other than digital
may do so by contacting the Solicitation Coordinator.

3.3.4. A Respondent must ensure that the State receives a response no later than the
Response Deadline time and date detailed in the RFQ Section 2, Schedule of Events at the following address:
Genell Jordan | Sourcing Specialist
Central Procurement Office
Tennessee Tower, 3
rd Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243

09-18-25v2 RFQ
RFQ # 33101-26005FAS5
12 (615) 532- 7202
Genell.Jordan@tn.gov

3.4. Response Prohibitions: A response to this RFQ shall not:

3.4.1. Restrict the rights of the State or otherwise qualify the response to this RFQ;

3.4.2. Include, for consideration in this procurement process or subsequent contract negotiations, incorrect information that the Respondent knew or should have known was materially incorrect;

3.4.3. Include more than one response, per Respondent, to this RFQ;

3.4.4. Include any information concerning costs (in specific dollars or numbers) associated with the Technical Response;

3.4.5. Include the respondent’s own contract terms and conditions (unless specifically requested by the RFQ); or

3.4.6. Include the respondent as a prime contractor while also permitting one or more other respondents to offer the respondent as a subcontractor in their own responses.
3.5. Response Errors & Revisions
A Respondent is responsible for any and all errors or omissions in its response to this RFQ . A
Respondent will not be allowed to alter or revise its response after the Response Deadline time
and dates as detailed in RFQ § 2 , Schedule of Events, unless such is formally requested in
writing by the State (e.g., through a request for clarification, etc.) .
3.6. Response Withdrawal
A Respondent may withdraw a response at any time before the Response Deadline time and date as detailed in RFQ § 2 , Schedule of Events , by submitting a written signed request by an
authorized representative of the Respondent. After withdrawing a response, a Respondent may
submit another Response at any time before the Response Deadline time and date as detailed in RFQ § 2, Schedule of Events.

3.7. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any
response. Each Respondent is solely responsible for the costs it incurs in responding to this
RFQ.

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13
4. GENERAL INFORMATION & REQUIREMENTS

4.1. Communications

4.1.1. Respondents shall reference RFQ #33101- 26005FAS5 in all communications relating to
this solicitation, and direct any such communications to the following person designated
as the Solicitation Coordinator:

Genell Jordan | Sourcing Specialist
Central Procurement Office
Tennessee Tower, 3rd Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
(615) 532- 7202
Genell.Jordan@tn.gov

The State will convey all official responses and communications related to this RFQ to the potential respondents from whom the State has received a Notice of Intent to Respond (refer to RFQ Section 1.3.).
4.1.2. Potential respondents with a handicap or disability may receive accommodation relating
to the communication of this RFQ and participating in the RFQ process. Potential
respondents may contact the RFQ Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in
RFQ § 2, Schedule of Events.
4.1.3. Unauthorized contact about this RFQ with other employees or officials of the State
of Tennessee may result in disqualification from contract award consideration .

4.1.4. Notwithstanding the foregoing, potential Respondents may also contact the following as
appropriate:

4.1.4.1. Staff of the Governor’s Office of Diversity Business Enterprise may be
contacted for assistance with respect to available minority -owned, woman-
owned, service- disabled veteran- owned, businesses owned by persons with
disabilities and small business enterprises as well as general public information
relating to this request; or

4.1.4.2. The following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the
Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regul ations:

Helen Crowley
Central Procurement Office Department of General Services WRS
312 Rosa L. Parks Avenue
Tennessee Tower, 3
rd Floor
Nashville, TN 37243- 1102
(615) 741- 3836
Helen.Crowley@tn.gov

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14 4.2. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise
subjected to discrimination in the performance of a contract pursuant to this solicitation or in the
employment practices of the Contractor on the grounds of handicap or disability, age, race, creed,
color, religion (subject to Tenn. Code Ann. §§ 4-21-401 and 405), sex, national origin, or any
other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this s olicitation shall post in conspicuous places, available to all
employees and applicants, notices of nondiscrimination.

4.3. Conflict of Interest
4.3.1. The State may not consider a proposal from an individual who is, or within the past six (6) months has been, a State employee. For these purposes,

4.3.1.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;
4.3.1.2. A contract with or a proposal from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee
shall be considered to be a contract with or proposal from the employee; and

4.3.1.3. A contract with or a proposal from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six
months has been, a State employee shall not be considered a contract with or
a proposal from the employee and shall not constitute a prohibited conflict of
interest .

4.3.2. This RFQ is also subject to Tenn. Code Ann. § 12- 4-101—105.

4.4. Respondent Required Review & Waiver of Objections

4.4.1. Each potential respondent must carefully review this RFQ, including but not limited to, attachments, the RFQ Attachment G, pro forma Contract, and any amendments for
questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

4.4.2. Any potential respondent having questions and comments concerning this RFQ must provide such in writing to the State no later than the written “Questions & Comments Deadline” detailed in RFQ § 2, Schedule of Events.

4.4.3. Protests based on any objection shall be considered waived and invalid if the objection
has not been brought to the attention of the State, in writing, by the written “Questions &
Comments Deadline.”
4.5. Disclosure of Response Contents

4.5.1. All materials submitted to the State in response to this solicitation become property of
the State of Tennessee. Respondents are cautioned not to provide any materials in
response to this RFQ that are trade secrets, as defined under Tenn. Code Ann. § 47- 25-
1702 and applicable law. By submitting a response to this RFQ, the respondent acknowledges and agrees that the State shall have no liability whatsoever for disclosure of a trade secret under the Uniform Trade Secrets Act, as provided at Tenn. Code Ann.
§ 47-25-1701- 1709, or under any other applicable law. Selection for award does not
affect this right. By submitting a response, a Respondent acknowledges and accepts
that the full contents and associated documents submitted in response to this request

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15 will become open to public inspection in accordance with the laws of the State of
Tennessee. Refer to RFQ § 2, Schedule of Events.

4.5.2. The RFQ responses will be available for public inspection only after the completion of evaluation of the RFQ or any resulting solicitation which this RFQ becomes a part of, whichever is later.

4.6. Notice of Professional Licensure, Insurance, and Department of Revenue Registration
Requirements

4.6.1. All persons, agencies, firms or other entities that provide legal or financial opinions, which a Respondent provides for consideration and evaluation by the State as part of a response to this RFQ, shall be properly licensed to render such opinions.

4.6.2. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent (and Respondent employees and subcontractors, as applicable) must hold all necessary, appropriate business and professional licenses to provide service as required. The State may require any Respondent to submit evidence of proper licensure.

4.6.3. Before the Contract resulting from this RFQ is signed, the apparent successful
Respondent must provide a valid, Certificate of Insurance indicating current insurance
coverage meeting minimum requirements as may be specified by the RFQ.

4.6.4. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent must be registered with the Department of Revenue for the collection of
Tennessee sales and use tax. The State shall not approve a contract unless the
Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer
Access Point (TNTAP) website for Online Registration and the Vendor Contract
Questionnaire. These resources are available at the following:
https://tntap.tn.gov/eservices/_/#1

4.7. RFQ Amendments & Cancellation
4.7.1. The State reserves the right to amend this RFQ at any time, provided that it is amended
in writing. However, prior to any such amendment, the State will consider whether it
would negatively impact the ability of potential respondents to meet the deadlines and
revise the RFQ Schedule of Events if deemed appropriate. If a RFQ amendment is issued, the State will convey it to potential respondents who submitted a Notice of Intent to Respond (refer to RFQ § 1.3). A response must address the final RFQ (including its
attachments) as may be amended.

4.7.2. The State reserves the right, at its sole discretion, to cancel or to cancel and reissue this RFQ in accordance with applicable laws and regulations.

4.8. State Right of Rejection
4.8.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all proposals.

4.8.2. The State may deem as nonresponsive and reject any proposal that does not comply with all terms, conditions, and performance requirements of this RFQ. Notwithstanding
the foregoing, the State reserves the right to seek clarifications or to waive, at its s ole
discretion, a response’s minor variances from full compliance with this RFQ. If the State

09-18-25v2 RFQ
RFQ # 33101-26005FAS5
16 waives variances in a response, such waiver shall not modify the RFQ requirements or
excuse the Respondent from full compliance with such, and the State may hold any
resulting vendor to strict compliance with this RFQ.

4.8.3. The State will review the response evaluation record and any other available information
pertinent to whether or not each respondent is responsive and responsible. If the Solicitation Coordinator identifies any respondent that appears not to meet the
responsive and responsible thresholds such that the team would not recommend the
respondent for potential contract award, this determination will be fully documented for
the record. (“Responsive” is defined as submitting a response that conforms in all
materi al respects to the RFQ. “Responsible” is defined as having the capacity in all
respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. )

4.9. Assignment & Subcontracting

4.9.1. The vendor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFQ without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.9.2. If a Respondent intends to use subcontractors, the response to this RFQ must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFQ Attachment B, Item B.14.).

4.9.3. Subcontractors identified within a response to this RFQ will be deemed as approved by
the State unless the State expressly disapproves one or more of the proposed
subcontractors prior to signing the Contract.

4.9.4. The Contractor resulting from this RFQ may only substitute another subcontractor for a proposed subcontractor at the discretion of the State and with the State’s prior, written approval.

4.9.5. Notwithstanding any State approval relating to subcontracts, the Contractor resulting from this RFQ will be the prime contractor and will be responsible for all work under the Contract.
4.10. Next Ranked Respondent
The State reserves the right to initiate negotiations with the next ranked respondent should the State cease doing business with any respondent selected via thi s RFQ process.

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17 5. PROCUREMENT PROCESS & CONTRACT AWARD

5.1. The complete vendor selection will be a two- part process: (1) Qualification of Technical
Responses; and (2) Review of Catalog Pricing (not evaluated) .
5.2. Qualification of Technical Responses: Technical Responses will be short -listed for further
evaluation, analysis or negotiation if they are apparently responsive, responsible, and within the
competitive range (“Competitive Range”). A Technical Response will be deemed within the Competitive Range based on the following criterion:

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

Phase I : The State will evaluate the Mandatory Requirements set forth in RFQ Attachment
A on a pass/fail basis.

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

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

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

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

5.4. Clarification s and Negotiations : The State reserves the right to award a contract on the basis of
initial responses received; therefore, each response should contain the respondent’s best terms from a technical and cost standpoint. However, the State reserves the right to conduct clarifications or negotiations with respondents. All communications, clarifications, and negotiations shall be conducted in a manner that supports fairness in response improvement.