Administered by

PURCHASING DEPARTMENT

UNIVERSITY OF MAINE

ORONO, MAINE 04469-5765

FOR A BROADBAND CIRCUIT

1.0 GENERAL INFORMATION:

1.1 Purpose: The University of Maine System (UMS) is seeking proposals for a broadband circuit between The University of Southern Maine (USM), Portland, ME and 230 Congress Street, Boston, MA. UMS wishes to lease an OC-3 circuit to be installed between the USM campus and Boston. As an alternative, if available, UMS would be interested in a Gigabit service between those two locations.

This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the University intends to govern the relationship between it and the selected vendor.

1.2 Definition of Parties: The University of Maine System (UMS) will hereinafter be referred to as the "University." Respondents to the RFP shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."

1.3 Background: The University, through the University of Maine System Network (UNET), operates and manages a statewide network connecting all locations of the university system. Part of this network requires connectivity to an Internet2 GigaPoP at 230 Congress Street, Boston, MA. This connection is currently provided through a 45 Mbps DS-3. It is the intent of this RFP to replace that connection with a 155MBPS OC-3 circuit or, if available, a gigabit Ethernet service. In addition to using this link for its Internet2 connection, the University may, at a future date, procure commodity Internet service over the same link.

1.4 Evaluation Criteria: Proposals will be evaluated on many criteria deemed to be in the University's best interests, including, but not limited to an evaluation of the infrastructure of the bidder’s network, the technical abilities of the bidder’s organization, the ability of the bidder to respond to increasing bandwidth needs beyond the OC-3 of this RFP, the bidder’s ability to respond to outages, the timeliness of installation, the long-term stability of the bidder, and the cost of the circuit.

1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. Addenda will also be posted on our web site, www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.

 

 

 

 

Inquiries must be made to: Hal Wells

Purchasing Department Room 101J

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2708

1.6 Award of Proposal: Presentations may be requested of two or more bidders deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the University may select the bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that bidder. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University will not be considered in the evaluation of proposals. The University may cancel this RFP or reject any or all proposals in whole or in part. Should the University determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.

1.7 Award Protest: Bidders may appeal the award decision by submitting a written protest to the Director of Purchasing within five (5) business days of the date of the award notice, with a copy to the successful bidder. The protest must contain a statement of the basis for the challenge.

1.8 Confidentiality: The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature. Clearly mark any information considered confidential.

1.9 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.

1.10 Debarment: Submission of a signed proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.

1.11 Proposal Understanding: By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.

1.12 Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.

1.13 Proposal Submission: A SIGNED original and two (2) copies of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Friday, September 6, 2002, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of proposal. In the event that the University is closed due to inclement weather on the day that a proposal is due, proposals will be accepted on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Additional time will not be granted to any single vendor, however, additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:

Name of Bidder

Address of Bidder

Due Date

RFP #

1.14 Proposal Format: Bidder’s responses to this RFP must follow the RFP format, using the headings shown in the RFP. This will assist the University in directly comparing responses from multiple bidders. All parts of this RFP must be individually responded to. Bidders shall indicate unqualified acceptance of the section as written; qualified acceptance (listing all qualifications); rejection (with reasons for rejection); or parameter values (where requested).

1.15 In the event that a bidder is proposing using the facilities of one or more other carriers, the information requested by this RFP shall be supplied (by the bidder) for both the bidder and the actual carrier(s).

 

2.0 GENERAL TERMS AND CONDITIONS:

2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.

2.2 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.

2.3 Contract Term: The University prefers a contract term of one (1) year, but will consider a multi-year contract. If the initial contract is for one (1) year it may be extended for two additional one-year periods, with the mutual written agreement of the parties.

2.4 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

2.5 Cancellation/Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within ten (10) business days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice.

2.6 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from Gerry Dube, 207-581-3505.

2.7 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine. The Contractor agrees that any litigation, action or proceeding arising out of this Contract, shall be instituted in a state court located in the State of Maine.

2.8 Assignment: Neither party of the contract shall assign the contract without the prior written consent of the other, nor shall the contractor assign any money due or to become due without the prior written consent of the University.

2.9 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veteran’s status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.10 Independent Contractor: Whether the Contractor is a corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.

2.11 Sexual Harassment: The University is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees. Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Director of Equal Opportunity, North Stevens Hall, 581-1226.

2.12 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University and its employees from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.

 

 

 

 

 

2.13 Contractor’s Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:

Insurance Type Coverage Limit

1. Commercial General Liability $1,000,000 per occurrence or more

2. Automobile Liability $1,000,000 per occurrence or more

3. Workers Compensation Required for all personnel

Employers Liability minimum limits:

Bodily injury by accident: $100,000 each accident

Bodily injury by disease: $100,000 each accident

Bodily injury by disease: $500,000 policy limit

The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance. Certificates of Insurance for all of the above insurance shall be filed with:

University of Maine Purchasing Department

5765 Service Building

Orono, Maine 04469

Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.

As additional insured and certificate holder, the University should be included as follows:

The University of Maine System

Office of Facilities

107 Maine Avenue

Bangor, ME 04401

2.14 Smoking Policy: The University of Maine System must comply with the "Work place Smoking Act of 1985" and MRSA title 22, 1541 et seq "Smoking Prohibited in Public Places." In compliance with this law, the University of Maine System has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. The Contractor shall be responsible for the implementation and enforcement of this requirement within existing buildings.

 

3.0 PERFORMANCE TERMS AND CONDITIONS:

3.1 Contract Administration: The Director of the University of Maine System Network (UNET) or designee shall be the University's authorized representative in all matters pertaining to the administration of this contract.

3.2 Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the University. If the Contract Administrator or designee, notifies the Contractor in writing that any person employed on this contract is incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator.

3.3 Payments: Payment will be upon submittal of an invoice to the University by the Contractor on a net 30 basis unless discount terms are offered. Invoices must include a purchase order number.

 

4.0 SPECIFICATIONS:

4.1 OC-3 Circuit: The University wishes to lease an OC-3 point to point circuit with STS-3c signaling to be installed between the termination locations identified below. The intended use is the transmission of IP packets. The University prefers private line service but may consider an ATM service.

4.2 Gigabit Ethernet Circuit: As an alternative to the OC-3 circuit, the University wishes to lease a full duplex Gigabit Ethernet Circuit between the termination locations identified below. This circuit may be a full bandwidth Gigabit Ethernet service or a tiered service with 150 Mbps or more guaranteed bandwidth.

4.3 Termination Locations and Contact Information:

PORTLAND

Science Building, Computing Center, 2^nd floor

University of Southern Maine

96 Falmouth Street

Portland, ME 04104

Local Contact:

David Norton

Tel: 207-780-4528

dnorton@maine.edu

BOSTON

Northern Crossroads GigaPoP

230 Congress Street

Boston, MA 02110

Local Contact:

Leo Donnelly

Tel: 617-496-0476

ldonnell@camail.harvard.edu

Alternate Contact:

Jay Tumas

Tel: 617-495-8515

jay_tumas@harvard.edu

 

 

 

 

5.0 PROPOSAL CONTENT:

While the University reserves the right to request clarification about a bidder’s proposal and may request presentations, bidders must not assume that either will occur. Bidders shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the University. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal or rescission of an award. Bidders are encouraged to provide any additional information describing operational abilities. Responses to each requirement below should be in order and clearly marked with the section number to which they respond.

5.1 Business Profile:

5.1.1 Financial – Bidders need only supply one copy of the following with their proposals.

Public Companies

-annual reports for the last three years

-history and description of the company

-recent reports from securities analysts

-published reports about the company

Private Companies

-financial statements or tax forms from three years

-history and description of the company

-published reports about the company, if any

5.1.2 Credit rating/report, letter from bank, suppliers.

5.2 Personnel: Provide a list of key technical people in the bidder’s organization.

5.3 Local Loops: If bidders have service at the termination locations, particularly at the Boston end, a local loop may not be necessary and connection to the GigaPoP equipment may be made through a direct fiber patch cable.

5.4 Infrastructure: Bidders shall describe their network infrastructure, including information about redundant paths, between the two termination points.

5.5 Routing: Bidders shall specify the actual routing of the circuit between the two end points.

5.6 Providers: Bidders may be provisioning the circuit using the facilities of other providers. Bidders must identify each provider they are including in their proposal and provide a description of the facilities used from each provider.

5.7 Quality of Service:

5.7.1 Reliability: Specify the service level offered as a percentage of time with error free transmission on the circuit and the maximum (time) period of ‘errored’ transmission before remedies are activated.

5.7.2 Availability: Specify the service level offered as a percentage of time when the circuit is available and the maximum period of total outage before remedies are activated.

5.7.3 Remedies: Specify financial remedies to the University for each event that the service levels of reliability and availability are not maintained.

5.8 Network Operations Center (NOC) Schedule: Include a statement that the bidder’s NOC provides 7x24 coverage, including monitoring of termination equipment.

5.9 Access to Technical Staff: Detail the procedures by which selected technical personnel from the University will have access to the bidder’s technical staff.

5.10 Notification: Describe how the University’s NOC will be informed of problems with the network, scheduled outages and upgrades. It is desirable that all tickets related to the quality of services to the University be automatically forwarded to the University’s NOC.

5.11 Escalation Procedure: Outline a detailed escalation process to ensure resolution of problems that are not corrected quickly.

5.12 Time for Installation: Specify the guaranteed elapsed time from date of award to date of installation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.13 References: A list of three references shall be submitted with your proposal. These references should be agencies your firm has done business with in the past year on projects with a similar scope to this one.

 

 

 

Company Name:____________________________________________________

Address:_________________________________________________________

City:____________________ State:_________ Zip Code:___________

Contact Person:__________________________________________________

Phone Number: ( ) ______________ Fax Number: ( )_____________

Company Name:____________________________________________________

Address:_________________________________________________________

City:___________________ State:_________ Zip Code:___________

Contact Person:__________________________________________________

Phone Number: ( ) _______________ Fax Number: ( )____________

Company Name:____________________________________________________

Address:_________________________________________________________

City:____________________ State:_________ Zip Code:___________

Contact Person:__________________________________________________

Phone Number: ( ) _________________ Fax Number: ( )__________

Guaranteed Minimum Bandwidth: __________________________________________________

 

6.3 If bidder has a schedule of rates for various guaranteed bandwidths for gigabit Ethernet service, that schedule should be provided in this section.

 

7.0 SIGNATURE:

COMPANY NAME _______________________

By:

(Signature)

(Print Name)

(Title)

(Date)