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2008-12-11 RFP Mobile voice

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2008-12-11 RFP Mobile voice

  1. 1. Request for Proposals for Mobile Anchor Tenant on VTA’s Tower Infrastructure RFP VTA2009-104 Vermont Telecommunications Authority One National Life Drive Montpelier, VT 05620-3205 http://www.telecomvt.org Procurement Team Leader: Arthur Bartlett RFP Issued: February 10, 2009 Intent to Respond: February 17, 2009 Bidders Conference: February 19, 2009 Questions Due: February 23, 2009 Answers to Questions Posted: February 27, 2009 Responses Due: March 10, 2009
  2. 2. Request for Proposals for Mobile Anchor Tenant on VTA’s Tower Infrastructure RFP VTA2009-104 Table of Contents 1. Introduction ............................................................................................................................................. 4 1.1 Purpose............................................................................................................................ 4 1.2 Background and Situation Overview .............................................................................. 4 1.3 Implementing the VTA Mission ..................................................................................... 5 1.4 Desired New Cellular Business Models ......................................................................... 5 1.5 The VTA Value Proposition ........................................................................................... 6 1.5.1 Anchor Tenancy...................................................................................................... 6 1.5.2 Asset Utilization...................................................................................................... 6 1.5.3 State Advocacy ....................................................................................................... 7 1.5.4 Reduction of Backhaul Costs.................................................................................. 7 1.5.5 External Funding..................................................................................................... 7 1.5.6 Responsibility Matrix.............................................................................................. 8 1.6 The VTA Pilot................................................................................................................. 8 2. RFP Respondent Requirements............................................................................................................. 8 2.1 General Requirements..................................................................................................... 8 2.2 Required Response Components .................................................................................... 9 2.2.1 Alternative Coverage Scenarios............................................................................ 10 2.3 Technology ................................................................................................................... 10 2.4 Greening........................................................................................................................ 10 2.5 Siting Process for Earth Turbine Towers...................................................................... 10 2.6 Contracting Process ...................................................................................................... 11 2.7 Timetables..................................................................................................................... 11 2.8 Project Management ..................................................................................................... 11 2.9 Future Vision and Roadmap ......................................................................................... 11 3. Response Content and Format ............................................................................................................ 11 3.1 Company Name ............................................................................................................ 11 3.2 Identity of Preparer(s) ................................................................................................... 11 3.3 Background and Experience ......................................................................................... 11 3.4 References..................................................................................................................... 11 3.5 Narrative ....................................................................................................................... 12 3.6 Financial Information.................................................................................................... 12 3.7 Acknowledgment of Terms........................................................................................... 12 3.8 Question and Answer Period ........................................................................................ 12 4. Submission of Responses .................................................................................................................... 12 4.1 Schedule........................................................................................................................ 12 4.2 Intent to Respond .......................................................................................................... 13 4.3 Bidder’s Conference ..................................................................................................... 13 4.4 Instructions for Submission of Responses .................................................................... 13 5. Evaluation Criteria ................................................................................................................................ 14 5.1 Experience/Performance/Personnel (40 points)............................................................ 14 5.2 Technical Approach (35 points).................................................................................... 14 5.3 Green Engineering (25 points)...................................................................................... 14 5.4 Cost Proposal (Pass/Fail) .............................................................................................. 14 Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 2 of 29
  3. 3. 5.5 Financial Condition (Pass/Fail)..................................................................................... 15 6. Other Provisions ................................................................................................................................... 15 6.1 General Information...................................................................................................... 15 6.2 Responsiveness of Respondents ................................................................................... 16 6.3 Waiver Authority .......................................................................................................... 16 6.4 Disclaimer ..................................................................................................................... 16 6.5 Changes/Amendments to RFP ...................................................................................... 16 Attachment A 1: 90% Cellular Coverage in Vermont.................................................................................. 17 Attachment A 2: 80% Cellular Coverage in Vermont.................................................................................. 18 Attachment B: Proposed ET Tilt-Up Wind Turbine and Standalone Towers .............................................. 19 Attachment C: The Vermont Telecommunications Authority Policy and Procedures Regarding Submission of “Sensitive Information”...................................................................................................................... 21 Attachment D: Vermont Telecommunications Authority Authorized Respondent’s Signature and Acceptance Form.................................................................................................................................. 24 Attachment E: Offshore Outsourcing Questionnaire................................................................................... 25 Attachment F: Vermont Telecommunications Authority – Non-Disclosure Agreement Form..................... 26 Attachment G: Percentage Evaluation Form .............................................................................................. 28 Attachment H: Vermont Tax Certificate and Insurance Form .................................................................... 29 Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 3 of 29
  4. 4. Request for Proposals for Mobile Anchor Tenant on VTA’s Tower Infrastructure RFP VTA2009-104 1. Introduction 1.1 Purpose The Vermont Telecommunications Authority (VTA) is soliciting proposals from existing mobile service providers and other possible vendors that could form alliances to provide wireless cellular connectivity and related services in under and unserved rural areas of Vermont. Traditional business models have left significant portions of rural Vermont without access to cellular services. Reaching the last remaining Vermonters without cellular services requires a new business model to make the expansion of mobile service profitable. The purpose of this request for proposal (RFP) is to identify an anchor tenant(s) for tower infrastructure to be placed by the VTA in the under and unserved areas of Vermont. The anchor tenant(s) is expected to offer cellular voice/data services in the under and unserved areas. In order to make this investment more attractive to a mobile service provider (MSP), the VTA is offering a “tower ready” model with a fixed lease cost per month. It is anticipated that approximately 200 towers will be required to achieve the build-out. In addition, the VTA is pursuing several options to significantly reduce the price of backhaul services for the selected MSP. 1.2 Background and Situation Overview The background and overview of Vermont’s situation is provided in the document: “Access for All: Meeting Vermont’s Broadband and Wireless Goals” (http://publicservice.vermont.gov/Broadband/Act172FinalReport.pdf). Its introduction correctly addresses the situation that exists today: “In today’s society, broadband access is an essential part of economic development, educational access, health care information systems, civic participation, and overall quality of life. Vermont is committed through law and policy, to the goal of providing ubiquitous broadband availability to Vermonters. Governor Douglas has called for this goal, as well as the goal of universal access to cellular service in Vermont, to be achieved by the year 2010. As outlined in the report, Understanding Broadband Deployment in Vermont, progress has been made to date in achieving these goals. Nevertheless, an important minority of Vermonters still lack access. Reaching the last remainder of Vermonters without broadband access will require new efforts to support the spread of the service.” The report identified a variety of actions to help encourage Vermont’s broadband deployment; its principal recommendation resulted in the creation of the Vermont Telecommunications Authority (VTA), with a mission of achieving universal access to broadband and cellular services in Vermont by year-end 2010. To that end, a primary goal of the VTA is to reduce the cost model for providing cellular service to areas in Vermont. This has been accomplished through the use of wind turbines as cellular tower structures and by legislative changes in the permitting processes. To support that effort, the VTA was granted revenue-bonding capability to support a cellular build-out as required, as well as the authority “to use and leverage other assets of the state, such as rights of way, lands, towers, and buildings.” On May 27, 2007, Governor Jim Douglas signed the bill forming the VTA. The VTA’s stated mission is as follows: Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 4 of 29
  5. 5. The VTA Mission The VTA’s mission is to promote growth of the state's e-economy by analyzing critical issues relating to broadband services across the state. The goals of the mission are: • To provide affordable broadband access to every Vermont household by 2010; broadband access will be capable of delivering speeds of at least 1.5 megabytes per second and increasing that speed in the future • To ensure cellular service in every community and on main routes by 2010 • To provide mobile broadband, WiFi or equivalent, in every community by 2010 The mission also supports the VTA’s need to develop relationships with existing service providers, future service providers, and equipment suppliers to identify new avenues to reach the goals stated above. 1.3 Implementing the VTA Mission To reach the goal of a statewide broadband services network, the VTA will issue three RFPs. The RFPs will solicit offers in a competitive process from partners to work with the state to leverage the state’s contribution to the network. This RFP will provide the necessary tower infrastructure to enable a MSP(s) to provide mobile voice/data services. Two other RFPs are planned for a Statewide Broadband Backbone Network and High- Speed Internet services. The VTA intends that the responses for each RFP will indicate a clear direction for the path and partnerships that it should take to reach its stated year- end 2010 objectives. Each RFP represents a crucial step in moving towards those objectives. • Tower Infrastructure: This RFP represents the VTA’s initiative to bring cellular communications to every community in Vermont in partnership with leading-edge technology solution providers and world-class service companies. This RFP (No. 2009-VTA104) is the first RFP dealing with these requirements. • Statewide Broadband Backbone Network: The VTA is pursuing a dual strategy to significantly reduce backhaul costs for this cellular build-out. First, it is investigating the possibility of building a statewide fiber backbone network in cooperation with the major electric utilities and the Department of Information and Innovation (DII). Second, it is investigating the prices that it can obtain from a long-term lease. The selection of which option to pursue depends on which produces the lowest possible costs while meeting all service criteria. As an interim strategy, the VTA has been included in the current DII RFP, which is seeking a service provider for all state government locations. The carrier selected via this RFP process can utilize the prices from the DII contract. All roads lead to significantly lower backhaul costs, which the selected MSP can utilize. It is expected that the new DII contract will have lower backhaul costs. • High-Speed Internet: The High-Speed Internet RFP represents the VTA’s initiative to give every Vermonter broadband access to the World Wide Web and the services it represents at a minimum speed of 1.5Mbps in at least one direction. This RFP will seek to utilize existing and new service providers as well as, possibly, federal stimulus money to achieve universal coverage. 1.4 Desired New Cellular Business Models At the present time, the VTA estimates that the mobile coverage in Vermont is approximately 55-65%, based on a composite of all mobile service providers’ data Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 5 of 29
  6. 6. combined with a state-wide drive test and field verifications. The data are not precise, as they are based on various modeling tools and represent different signal strengths. Attachments A1 and A2, depict 90% and 80% cell coverage of all E-911 addresses and road miles. An Excel file will be loaded on the VTA website containing data for all Vermont towns. The file will contain: 1.) list of towns; 2.) the number of E-911 addresses; 3.) total road miles, and 4.) calculated cellular coverage. This situation is not different from other rural areas of America, where coverage is driven by traditional business models that are trying to meet the financial requirements of the investment community. Therefore, the VTA’s first initiative is geared to providing the tower infrastructure that supports wireless technologies. The VTA believes that its tower model will economically support expansion of mobile coverage to a minimum of 90% of Vermont’s population. From the beginning, the VTA required that these “towers” be low impact and respectful of the environmental values held by Vermonters. The VTA believes the number of traditional cellular towers can be kept to a minimum with proper planning, and that the value proposition described in the following section will attract both innovative technology suppliers and world-class service providers to Vermont. In support of the new lower cost, environmentally friendly business model, the VTA issued RFP#VTA2008-103 on December 15, 2008. This RFP solicited proposals from qualified equipment suppliers to provide tower infrastructure and residential wind turbines suitable to support cellular antennas and other potential wireless uses. The VTA selected Earth Turbines, Inc. (ET) to fulfill this RFP. ET will install either a “tilt-up turbine tower” or a “tilt-up standalone tower” (which does not include a turbine). The tilt-up turbine tower is also referred to as a cellular wind turbine (CWT).The VTA’s preference is to site its towers on residential properties that meet specific wind generation capabilities and cellular coverage criteria. 1.5 The VTA Value Proposition The VTA has defined the under and unserved areas in Vermont through discussions, analysis of coverage maps provided by service providers, and drive testing performed throughout the state. A composite based on best available data showing the areas not presently served is identified in Attachment A. The VTA intends to build out a combination of tilt-up turbine towers, tilt-up standalone towers, and existing structures such as rooftops/steeples for the required cellular infrastructure. The first preference is to utilize existing structures. The required tower infrastructure will be funded by the VTA or ET. 1.5.1 Anchor Tenancy The VTA is offering anchor tenancy on its sites to the respondent(s) selected by this RFP. The sites will be a combination of existing structures, CWTs, and standalone tilt-up towers. The partner will be responsible for providing the required spectrum, antennas, roaming agreements, radios, and ancillary equipment, and will have access to a tower lease based on standard industry arrangements. The VTA proposal is to use primarily residential-scale wind turbines, in association with the provisions of the Vermont Public Service Board’s net metering rules and Title 30 § 248(n), to reduce the permitting and site acquisition costs, ongoing operating costs, and provisioning intervals. Attachment B provides a description of the proposed ET tilt-up wind turbine and standalone towers 1.5.2 Asset Utilization As stated in Section 1.2, the VTA was given the authority “to use and leverage other assets of the state, such as rights of way, lands, towers, and buildings.” These assets Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 6 of 29
  7. 7. have been identified by the VTA and will be used as part of the tower build-out. Data files identifying these assets will be provided at the request of any RFP respondent. 1.5.3 State Advocacy The VTA plans to use the new, expedited permitting processes that the state has made available. The use of these processes and the ability to have access to and the cooperation of all impacted state agencies represent both cost savings and significant interval reductions for the successful RFP respondent(s). 1.5.4 Reduction of Backhaul Costs The VTA understands that ongoing operating expenses (Opex) are a significant deterrent to expansion into the uncovered areas of Vermont. The selected respondent(s) will have access to the State of Vermont’s contract pricing for data circuit and backhaul services. The state is currently in the vendor selection process and expects that rates for services will be reduced considerably as a result of that process. For planning purposes, when responding to this RFP, respondents can use the current contract rates for T-1 service of $400 (the anywhere in the state rate) and $50/mbps for services provisioned at a state location with fiber optic facilities. Installation charges will be site- and location-specific. In addition, the VTA is also investigating the possibility of constructing a state-wide high- capacity backbone network, which might result in even lower rates. To that end, the VTA issued a Request for Information (RFI) on December 5, 2008. This RFI, State Telecommunications Network to Support State Government Locations, the Vermont Telecommunications Authority and Electric Utility Demands requested information concerning the construction of a fiber-optic network (or equivalent services) for the State of Vermont, Vermont Telecommunications Authority, and major electric utilities. The RFI (VTA2008-102) is available on the VTA website. 1.5.5 External Funding The VTA is pursing numerous options for funding to make its value proposition more economically viable. Should state and/or federal funds be secured, it is the intent of the VTA to apply them toward achieving the goal of 100% coverage as mandated in Act 79. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 7 of 29
  8. 8. 1.5.6 Responsibility Matrix The VTA realizes that a number of cost elements must be considered. Certain cost elements will be attributable to the VTA as part of the tower leasing agreement with the wireless cellular carrier; others will be the responsibility of the carrier. The final determination of responsibilities can be negotiated in the contract resulting from this RFP. For this RFP, the specific responsibilities of the VTA are outlined in the following table: D e s c r ip tio n VTA R e s p o n de n t S ite A c q uis itio n Yes P e rm ittin g a nd F e e s Yes A rc h ite c tu ra l & E n g ine e rin g Yes E n v iro nm e n ta l E n g in ee rin g Yes G e o te c h n ic al S e rv ic e s Yes T o w e r M a teria l Yes T o w e r S ite C o n s tru c tio n Yes A ccess R oad Yes P ro je c t M a n ag e m e n t fo r T o w e r Yes P o w e r In s ta lla tio n - C o m m e rc ia l Yes S h e lte r /E q u ip m e n t P la tfo rm Yes A n te n n a s /M o u n ts Yes C o a x L in es Yes B a s e T ra n s c e ive r S ta tio n (B T S )/B a s e S ta tio n C o n tro ller (B S C ) E q u ip m en t* Yes T e lc o /B a c k h a u l In s ta lla tio n* Yes In s ta lla tio n o f B T S Yes C o m m is s io n in g o f B T S Yes P ro je c t M a n ag e m e n t fo r B T S Yes * See Paragraph 1.5.4 1.6 The VTA Pilot The VTA is piloting its concept in a geographical area of Vermont with minimal or no cellular coverage. The selected area encompassed the towns of Saxtons River, Grafton, and Townshend, as noted below. These locations were chosen because they existed within the spectrum licensed to Vermont Telephone and had access to existing wireline broadband services. Another critical element was that they shared the representative demographic characteristics of many small, rural Vermont villages and rural America in general. Site Candidates Location Configuration Saxtons River Christ’s Church 24 Main Street Steeple Saxtons River, VT 2 Sectors Townshend Townshend Church 34 Common Rd. Steeple Townshend, VT Omni Grafton Wright’s Farm 3494 Townshend Rd. Wind Turbine Grafton, VT Omni 2. RFP Respondent Requirements 2.1 General Requirements The basic requirement is for the respondent(s) to offer fee-based reliable, scalable, and sustainable wireless voice/data cellular services to a minimum of 90% of the population of the state, where population is defined as E911 addresses, as well as 90% of the road Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 8 of 29
  9. 9. miles. The subscribers to this service will receive industry standard service levels with pricing and packaging similar to current service holders in Vermont. The selected respondent(s) will have anchor tenancy on towers leased from the VTA. The target prices for the lease for the anchor tenant are as follows: Earth Turbine tilt-up tower $895/month* Existing structure, e.g., silo, rooftop $895/month *These rates assume a $10,000 incentive from the Vermont Clean Energy Development Fund. The final lease cost/month will be established during the negotiations with the winning respondent(s). At that time, more will be known about the final status of the Vermont Clean Energy Development fund and other possible sources of funding. Additionally, the VTA is willing to modify assumptions in the financial model, e.g., extending the amortization period in exchange for a longer initial contract period in order to reduce the monthly lease cost. 2.2 Required Response Components At a minimum, responses to this RFP should include the information listed below, which represents the respondent’s commitment. Please note that “coverage” is defined as an E- 911 address or road miles being designed to the cellular industry standard of -85dBm and a customer having the ability to sustain a voice or data connection. An example of what is not acceptable coverage is the town of Montgomery. There is cellular RF propagation covering the town, but cellular service is not generally available within the town center due to its topographical features. Responses Must Include: (a) A map or maps depicting Vermont voice and data service coverage currently offered to its customers, if applicable. This map and all others must be provided in one of the following electronic formats: ArcView shapefile (.SHP) or geodatabase (.MDB) (preferred); Arc/Info Interchange (.EOO); MapInfo interchange (.MIF); Microstation (DGN); or AutoCAD (.DWG or .DXF). The filing should identify the projected coordinate system of the electronic map file. The maps must be generated using generally accepted methodologies and standards to depict the carrier’s outdoor coverage. The respondent must include the assumptions on which the service coverage depiction is based, including the minimum reception level in dBm. (b) A map detailing how respondent will build out their current existing coverage, if applicable, to a level of 55-65% population coverage by year-end 2010. (c) A map detailing how respondent will build out coverage from a level of 55-65% to a minimum of 90% by year-end 2010. (d) A definition of the type of radios to be used and the estimated monthly electric consumption. (e) A definition of the type of antennas planned for deployment given the tilt-up tower specified in Attachment B. (f) A narrative describing the site impact of any structures associated with providing the required service. (g) A visual representation (e.g., a drawing or a computer-generated sketch) of a typical final installation. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 9 of 29
  10. 10. Preference will be given to service providers that commit to providing service coverage throughout the under and unserved areas prior to the end-of-year 2010 target established by the Vermont Legislature. Service providers not willing to commit to meet the 90% coverage minimum should focus on defining large contiguous under and unserved areas they would be willing to serve. The VTA may be willing to assist an MSP with tower construction in areas that are already served if it is required to achieve substantial coverage in today’s under and unserved areas. 2.2.1 Alternative Coverage Scenarios RFP participants are encouraged to pool resources to cover wider geographical areas or to use facility sharing to amortize their costs over a wider user base. Facility sharing is not equivalent to tower sharing, but extends the concept of tower sharing to the base station and the backhaul. The respondent has to be aware that multiple tower sharing will not be available in all scenarios. 2.3 Technology The VTA is aware of multi-protocol technology that can provide both GSM and CDMA services. This technology was deployed in the VTA’s pilot. The VTA sees significant advantages to this type of technology for the state. The advantages include: (a) Improved coverage for all local users, regardless of their home provider’s technology (b) Improved coverage for out of region visitors and tourists, regardless of their home provider’s technology (c) Preserved competition among wireless service providers by avoiding “lock in” to a single technology with dominant coverage in the state The VTA is interested in the technology the respondent will use to build out and whether or not it can address the advantages cited above. The VTA is also interested in the technology roadmap the carrier will invest in and how it might impact future mobile data services in the under and unserved areas. 2.4 Greening Vermont is proud of the fact that it is an environmentally conscious state. Therefore, the VTA is interested what the respondents will do to meet the following criteria: (a) Minimize power consumption. Special consideration should be given to minimizing power requirements. (b) Minimize physical impact on the site. For example, consider the use of cabinets vs. a shelter, as well as the size of a shelter, the need for a fence, and associated landscaping. (c) Antenna arrays. Dual and tri-band antenna configurations of minimal size are required to work with the constraints of the wind turbine tilt-up tower configuration. (d) Ability to upgrade the site to take advantage of improvements in green technology, e.g., not requiring air conditioning, movement toward long-term evolution (LTE). 2.5 Siting Process for Earth Turbine Towers The siting of towers will be a collaborative process involving the MSP, the VTA and ET. The goal is to find sites that provide the necessary radio frequency (RF) coverage and Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 10 of 29
  11. 11. have adequate wind resources. In the event that a site is required for RF reasons but does not have adequate wind resource, then a tilt-up standalone tower will be installed. 2.6 Contracting Process It is envisioned that the selected respondent(s), the VTA, and ET will all need to participate in negotiating the contract(s) resulting from this RFP. The participation of all involved parties will ensure that all schedules are fully integrated for the cellular network build-out. 2.7 Timetables The VTA is committed to meeting the timetables imposed by Act 79. Therefore, the VTA wants to know how the respondent plans to meet the commitment for universal cellular coverage by year-end 2010. If the commitment cannot be met, the respondent should identify the issues that make this date untenable. 2.8 Project Management The VTA will establish a project team to administer site acquisition and the tower build- out. This team will work hand-in-hand with the respondent’s project management team. 2.9 Future Vision and Roadmap Optionally, respondents should provide alternative visions, roadmaps, designs, ideas, hardware, software, etc. to the proposed design, and include any alternative commercial proposal. Alternative proposals, however, should not be a substitute for the primary response to the requirements in this RFP. 3. Response Content and Format The instructions and format for submitting proposal information are designed to ensure the provision of data considered essential to the understanding and comprehensive evaluation of the bidder's proposal. There is no intent to limit the content of the proposals, nor in any way inhibit a presentation in other than the vendor's favor. The vendor may include such additional information or data as may be appropriate, or offer alternate solutions but shall not exclude any portion requested in this document. All proposals must contain the information noted in this section. 3.1 Company Name Include the name and address of the company submitting this response. 3.2 Identity of Preparer(s) Provide a statement identifying all individuals involved in the preparation of the proposal, as well as the name of a single point of contact for clarification of bid information. Such an individual must be empowered to speak for the firm on policy and contractual matters. 3.3 Background and Experience Provide a full description of the experience you have in providing the requested service; include the resumes of people who will work on this VTA project. 3.4 References Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 11 of 29
  12. 12. 3.5 Narrative Provide a detailed narrative that states how you will meet the requirements of each item identified in Section 2. 3.6 Financial Information Include audited financial information for two years. 3.7 Acknowledgment of Terms Include a statement acknowledging all of Attachment D, Vermont Telecommunications Authority Authorized Respondent’s Signature and Acceptance Form, with any exceptions or additional provisions noted. Complete Attachment E, Offshore Outsourcing Questionnaire, and Attachment H, Vermont Tax Certificate and Insurance Form, and include them in the response. (These will be considered when making an award.) Attachment F contains the VTA’s non-disclosure agreement (NDA) form, which should be signed by the respondent, if they do not already have an NDA with the VTA, and returned with the submission package. Please include two signed originals. The VTA will execute both copies upon receipt and return one original to the respondent. 3.8 Question and Answer Period Any vendor requiring clarification of any section of this proposal or wishing to comment or take exception to any requirements or other portion of the RFP must submit specific questions in writing no later than February 23, 2009 at 5 p.m.. Questions may be e- mailed to: RFP_AnchTen_bids@telecomvt.org Any objection to the RFP or to any provision of the RFP not raised in writing on or before the last day of the question period is waived. At the close of the question period, a copy of all questions or comments and the VTA's responses will be posted on the VTA’s web site: www.telecomvt.org. Every effort will be made to have these available as soon as possible after the question period ends, contingent on the number and complexity of the questions. 4. Submission of Responses 4.1 Schedule The RFP process will proceed according to the following anticipated schedule: Feb 10, 2009 RFP issued Feb 17, 2009 Intent to Respond notification Feb 19, 2009 Bidder’s Conference at the VTA 1:00 p.m. Feb 23, 2009 Deadline for all questions and clarification inquiries, submitted via e-mail by 5 p.m. to RFP_AnchTen_bids@telecomvt.org Feb 27, 2009 Deadline for all answers to respondents’ questions Mar 10, 2009 Responses due by 3:00 p.m. Mar 24, 2009 Contractor selections April 29, 2009 Deadline for execution of contract Responses will be due no later than 3:00 p.m. EDT, on March 10, 2009. Responses received later than the date and time specified may be rejected or deemed non- Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 12 of 29
  13. 13. conforming and returned to the respondent unopened. VTA assumes no responsibility or liability for late delivery or receipt of responses. The responses will be evaluated pursuant to the criteria set forth in this RFP. Notification of selection or non-selection of all respondents who submitted conforming responses will be mailed when the selection process is final. 4.2 Intent to Respond All respondents are requested to notify the VTA of their intention to respond by February 17, 2009 at 5 p.m.. All responses should be sent by email to Arthur Bartlett at RFP_AnchTen_bids@telecomvt.org. 4.3 Bidder’s Conference A Bidder’s Conference will be held on February 19, 2009 at 1:00 p.m. at the VTA offices in Montpelier, Vermont. Please RSVP via email to Arthur Bartlett at: RFP_AnchTen_bids@telecomvt.org by February 17, 2009 of your intention to attend. Bidders should plan send up to two representatives to discuss the requirements in more detail. Please submit any questions that you want addressed at the conference in advance. All answers will be provided to all participants on the VTA website and at the Bidder’s Conference. Following such discussions, bidders are asked to provide a written response outlining their proposals. General inquiries and requests for clarification, on an individual and confidential basis, arising from the RFP may be emailed to Arthur Bartlett at RFP_AnchTen_bids@telecomvt.org by 5 p.m. EST on February 23, 2009. No answers will be provided by phone. Written questions and responses will be available for all bidders on the VTA website. 4.4 Instructions for Submission of Responses Respondents are cautioned to read carefully and conform to the requirements of this specific RFP. Failure to comply with the provisions of this RFP may serve as grounds for rejection of a response. (a) All responses must be submitted in writing, on 8 ½ x 11 paper (including all required submissions), with one (1) bound original; one (1) unbound copy; four (4) bound copies (no three-ring binders); and one electronic version (pdf or .doc) thereof. Respondents are cautioned to review Attachment C, The Vermont Telecommunications Authority Policy and Procedures Regarding Submission of “Sensitive Information,” prior to submitting an electronic copy of their response. In accordance with the procedures set forth in Attachment C, any information that a Submitting Party has identified as “sensitive information” in the hard copy of their response should be deleted from the electronic copy prior to submission to VTA. (b) Responses must be delivered via registered mail or hand delivery to: Request for Proposals for Anchor Tenant on VTA’s Tower Infrastructure RFP VTA2009-104 Vermont Telecommunications Authority Records Building One National Life Drive Montpelier, VT 05620-3205 (c) A statement indicating compliance with the terms, conditions, and specifications contained in this RFP must be presented in the response. Submission of the signed Vermont Telecommunications Authority Authorized Respondent’s Signature and Acceptance Form (Attachment D) shall satisfy this requirement. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 13 of 29
  14. 14. (d) Any and all data, materials, and documentation submitted to VTA in response to this RFP shall become VTA’s property and shall be subject to public disclosure under the Vermont Public Records Act. In this regard, respondents are required to sign the Vermont Telecommunications Authority Authorized Respondent’s Signature and Acceptance Form, set forth as Attachment D hereto. Respondents please note: By executing the Vermont Telecommunications Authority Authorized Respondent’s Signature and Acceptance Form and submitting a response to this RFP, respondent certifies that it (1) acknowledges and understands the procedures for handling materials submitted to VTA, as set forth in Attachment C hereto, (2) agrees to be bound by those procedures, and (3) agrees that VTA shall not be liable under any circumstances for the disclosure of any materials submitted to it pursuant to this RFP or upon respondent’s selection. (e) All responses must include an affidavit of compliance with all corporate filing requirements and compliance with state tax laws. 5. Evaluation Criteria An evaluation committee consisting of VTA representatives will review the RFP responses in accordance with the submittal requirements and using the criteria described in the following subsections. The VTA, per its mandate, will select one MSP for any given under and unserved area. Combined with the following criteria, preference, as defined in 5.2 (c), will be give to MSPs that propose to cover the largest under and unserved geographic area. The VTA will evaluate all responses using the Percentage Evaluation Form in Attachment G. 5.1 Experience/Performance/Personnel (40 points) This criterion measures the responding company’s overall experience and performance in successfully completing projects of this type. Key metrics include the ability to meet specified dates, and work cooperatively with other vendors. The VTA will also consider the experience of the proposed project leaders and managers. 5.2 Technical Approach (35 points) This criterion measures the quality, thoroughness, and proven success of the proposed solution and methodology, including, but not limited to: (a) Degree of compliance with the requirements of this RFP (b) Quality and soundness of the technical approach and the methodology used to address the VTA’s requirements (c) Timeliness and reasonableness of the deployment strategy and plan; specific emphasis will be placed on the total number of towers the respondent is willing to lease in under and unserved areas 5.3 Green Engineering (25 points) Respondents will be evaluated on how they meet the criteria established in Section 2.4. 5.4 Cost Proposal (Pass/Fail) The VTA will evaluate the responder’s proposals on the completeness of their approach to estimating costs and addressing related issues. Their proposal should demonstrate Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 14 of 29
  15. 15. that the respondent understands the factors to be considered in providing the services requested and of the level of effort required to adequately address those factors. In addition, responses will be judged on the following factors: (a) Value to the State of Vermont – Determined by the financials proposed and the level of commitment to technology programs described in this RFP (b) Sustainability – Determined by the proposed strategy to ensure the network’s viability over the contract term 5.5 Financial Condition (Pass/Fail) Responding companies will be evaluated on the strength of their financial statements. Annual reports, including financial statements from other years, may also be reviewed. The review will focus on the responding company’s statement of income, balance sheet, and cash flow statements. Ratio analysis, review of resources, and use of funds will help determine the responder’s financial strength. 6. Other Provisions 6.1 General Information (a) All terms, conditions, requirements, and procedures included in this RFP must be met for a response to be determined responsive. If a respondent fails to meet any material terms, conditions, requirements or procedures, its response may be deemed unresponsive and disqualified. (b) Further, any selected respondent must recognize that in the performance of work, it may become a holder of personal data or other information deemed confidential by the state. Respondent shall comply with the laws and regulations relating to confidentiality and privacy, including any rules or regulations of the VTA. Any questions concerning issues of confidentiality, the submission of materials to VTA, application of the procedures set forth in Attachment C or any other questions related to these matters, please contact Arthur Bartlett at the VTA. (c) Unless otherwise specified in this RFP, all communications, responses, and documentation must be in English, and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFP. (d) Respondents are prohibited from communicating directly with any employee of VTA except as specified in this RFP, and no other individual state employee or representative is authorized to provide any information or respond to any questions or inquiries concerning this RFP. Respondents may contact the Procurement Team Leader, Arthur Bartlett, for this RFP in the event this RFP is incomplete. (e) The Procurement Team Leader may provide reasonable accommodations, including providing material in an alternative format, for qualified respondents with disabilities or other hardships. Respondents requiring accommodations shall submit requests in writing, with supporting documentation justifying the accommodations, to the Procurement Team Leader. The Procurement Team Leader reserves the right to grant or reject any request for accommodations. (f) If a respondent is unable to meet any of the specifications required in this RFP, the respondent’s response must include an alternative method for meeting such specification by identifying the specification and the proposed alternative, and Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 15 of 29
  16. 16. thoroughly describing how the alternative achieves substantially equivalent or better performance to the performance required in the RFP specification. VTA will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. (g) Costs that are not specifically identified in the respondent’s response and not specifically accepted by VTA as part of a contract will not be compensated under any contract awarded pursuant to this RFP. VTA shall not be responsible for any costs or expenses incurred by respondents in responding to this RFP. (h) The respondent may not alter the RFP or its components except for those portions intended to collect the respondent’s response (Cost pages, etc.). Modifications to the body of this RFP, specifications, terms and conditions that change the intent of this RFP are prohibited. Any modifications other than where the respondent is prompted for a response will disqualify the response. (i) If VTA determines that it is necessary to revise any part of this RFP, or if additional data is necessary to clarify any of its provisions, a supplement will be posted to VTA’s website. VTA’s RFP evaluation committee reserves the right to amend the RFP at any time prior to the deadline for submission of responses. (j) Submitted responses must be valid in all respects for a minimum period of sixty (60) days after the deadline for submission. 6.2 Responsiveness of Respondents Any proposal determined to be non-responsive to this RFP, including instructions governing the submission of proposals, will be disqualified without evaluation unless the evaluation committee determines that the noncompliance is insubstantial. 6.3 Waiver Authority VTA reserves the right, at its sole discretion, to waive minor irregularities in submittal requirements, to request modifications of the response, to accept or reject any or all responses received, and/or to cancel all or part of this RFP at any time prior to awards. 6.4 Disclaimer This RFP does not commit VTA to award any funds, pay any costs incurred in preparing a response, or procure or contract for services or supplies. VTA reserves the right to accept or reject any or all responses received, negotiate with all qualified respondents, cancel or modify the RFP in part or in its entirety, or change the response guidelines, when it is in its best interests. 6.5 Changes/Amendments to RFP This RFP has been distributed electronically using the VTA’s website. It is the responsibility of respondents to check VTA’s website for any addenda or modifications to a RFP to which they intend to respond. The VTA accepts no liability and will provide no accommodation to respondents who submit a response based on an out-of-date RFP document. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 16 of 29
  17. 17. Attachment A1: 90% Cellular Coverage in Vermont Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 17 of 29
  18. 18. Attachment A2: 80% Cellular Coverage in Vermont Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 18 of 29
  19. 19. Attachment B: Proposed ET Tilt-Up Wind Turbine and Standalone Towers Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 19 of 29
  20. 20. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 20 of 29
  21. 21. Attachment C: The Vermont Telecommunications Authority Policy and Procedures Regarding Submission of “Sensitive Information” The VTA is subject to the requirements concerning disclosure of public records under all state and federal laws that govern the retention, disposition and archiving of public records. For purposes of the Public Records Act, “public records” include all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by VTA. As a result, any information submitted to VTA by a grant applicant, recipient grantee, respondent to a request for response (including, but not limited to an RFQ, RFP, and RFI), contractor, or any other party (collectively the “Submitting Party”) is subject to public disclosure as set forth in the Public Records Act. The foregoing notwithstanding, “public records” do not include certain materials or data that fall within one of the specifically enumerated exemptions set forth in the Public Records Act or in other statutes. One such exemption, which may be applicable to documents submitted by a Submitting Party, is for any documentary materials or data made or received by VTA that consists of trade secrets or commercial or financial information regarding the operation of any business conducted by the Submitting Party, or regarding the competitive position of such Submitting Party in a particular field of endeavor (the “Trade Secrets Exemption”). It is VTA’s expectation and belief that the overwhelming percentage of documents it receives from a Submitting Party do not contain any information that would warrant an assertion by VTA of an exemption from the Public Records Act. Submitting Parties should therefore take care in determining which documents they submit to VTA, and should assume that all documents submitted to VTA are subject to public disclosure without any prior notice to the Submitting Party and without resort to any formal public records request. In the event that a Submitting Party wishes to submit certain documents to VTA and believes such a document or documents may be proprietary in nature and may fall within the parameters of the Trade Secrets Exemption and/or some other applicable exemption, the following procedures shall apply: 1. At the time of the Submitting Party’s initial submission of documents to VTA, the Submitting Party must provide a cover letter, addressed to VTA’s General Counsel, indicating that it is submitting documents that it believes are exempt from public disclosure, including a description of the specific exemption(s) that the Submitting Party contends is/are applicable to the submitted materials, a precise description of the type and magnitude of harm that would result in the event of the documents’ disclosure, and a specific start date and end date within which the claimed exemption applies. If different exemptions, harms, and/or dates apply to different documents, it is the Submitting Party’s responsibility and obligation to provide detailed explanations for each such document. 2. At the time of the Submitting Party’s initial submission of documents to VTA, the Submitting Party must also clearly and unambiguously identify each and every such document that it contends is subject to an exemption from public disclosure as “Sensitive Information.” It is the Submitting Party’s responsibility and obligation to ensure that all such documents are sufficiently identified as “Sensitive Information,” and Submitting Party’s designation must be placed in a prominent location on the face of each and every document that it contends is exempt from disclosure under the Public Records Act. Information submitted to VTA in any form other than a hard copy document will not be subject to the procedures set forth in this Policy. For example, information Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 21 of 29
  22. 22. submitted by e-mail, facsimile, and/or verbally will not be subject to these procedures and may be disclosed at any time without notice to the Submitting Party. 3. Documents that are not accompanied by the written notification to VTA’s General Counsel or are not properly identified by the Submitting Party as “Sensitive Information” at the time of their initial submission to VTA are presumptively subject to disclosure under the Public Records Act, and the procedures for providing the Submitting Party with notice of any formal public records request for documents, as set forth below, shall be inapplicable. 4. At the time VTA receives documents from the Submitting Party, any such documents designated by Submitting Party as “Sensitive Information” shall be segregated and stored in a secure filing area when not being used by appropriate VTA staff. By submitting a grant application, request for response, or any other act that involves the submission of information to VTA, the Submitting Party certifies, acknowledges and agrees that (a) VTA’s receipt, segregation and storage of documents designated by Submitting Party as “Sensitive Information” does not represent a finding by VTA that such documents fall within the Trade Secrets Exemption or any other exemption to the Public Records Act, or that the documents are otherwise exempt from disclosure under the Public Records Act, and (b) VTA is not liable under any circumstances for the subsequent disclosure of any information submitted to VTA by the Submitting Party, whether or not such documents are designated as “Sensitive Information” or VTA was negligent in disclosing such documents. 5. In the event that VTA receives an inquiry or request for information submitted by a Submitting Party, VTA shall produce all responsive information without notice to the Submitting Party. In the event that the inquiry or request entails documents that the Submitting Party has previously designated as “Sensitive Information” in strict accordance with this Policy, the inquiring party shall be notified in writing that one or more of the documents it has requested has been designated by the Submitting Party as “Sensitive Information”, and, if not already submitted, that a formal, written public records request must be submitted by the requesting party to VTA’s General Counsel for a determination of whether the subject documents are exempt from disclosure. 6. Upon the General Counsel’s receipt of a formal, written public records request for information that encompass documents previously designated by Submitting Party as “Sensitive Information,” the Submitting Party shall be notified in writing of VTA’s receipt of the public records request, and VTA may, but shall not be required to provide Submitting Party an opportunity to present VTA with information and/or legal arguments concerning the applicability of the Trade Secrets Exemption or some other exemption to the subject documents. 7. The General Counsel shall review the subject documents, the Public Records Act, and the exemption(s) claimed by the Submitting Party in making a determination concerning their potential disclosure. The General Counsel is the sole authority within VTA for making determinations on the applicability and/or assertion of an exemption to the Public Records Act. No employee of VTA other than the General Counsel has any authority to address issues concerning the status of “Sensitive Information” or to bind VTA in any manner concerning VTA’s treatment and disclosure of such documents. Furthermore, the potential applicability of an exemption to the disclosure of documents designated by the Submitting Party as “Sensitive Information” shall not require VTA to assert such an exemption. VTA’s General Counsel retains the sole discretion and authority to assert an exemption, and he may decline to exert such an exemption if, within his discretion, the public interest is served by the disclosure of any documents submitted by the Submitting Party. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 22 of 29
  23. 23. 8. VTA shall provide the requesting party and Submitting Party with written notice of its determination that the subject documents are either exempt or not exempt from disclosure. 9. In the event that VTA determines that the subject documents are exempt from disclosure, the requesting party may seek review of VTA’s determination before the Supervisor of Public Records, and VTA shall notify the Submitting Party in writing in the event that the requesting party pursues a review of VTA’s determination. 10. In the event the requesting party pursues a review of VTA’s determination that the documents are exempt from disclosure and the Supervisor of Public Records concludes that the subject documents are not exempt from disclosure and orders VTA to disclose such documents to the requester, VTA shall notify the Submitting Party in writing prior to the disclosure of any such documents, and Submitting Party may pursue injunctive relief or any other course of action in its discretion. 11. In the event that VTA determines that the subject documents are not exempt from disclosure or the General Counsel determines that, under the circumstances and in his discretion, VTA shall not assert an exemption, VTA shall notify the Submitting Party in writing prior to the disclosure of any such documents, and Submitting Party may pursue injunctive relief or any other course of action in its discretion. The Submitting Party’s submission of documentation to VTA shall require a signed certification that Submitting Party acknowledges, understands, and agrees with the applicability of the foregoing procedures to any documents submitted to VTA by Submitting Party at any time, including but not limited to the acknowledgements set forth herein, and that Submitting Party shall be bound by these procedures. All documents submitted by Submitting Party, whether designated as “Sensitive Information” or not, are not returnable to Submitting Party. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 23 of 29
  24. 24. Attachment D: Vermont Telecommunications Authority Authorized Respondent’s Signature and Acceptance Form The undersigned is a duly authorized representative of the respondent listed below. The respondent has read and understands the RFP requirements. The respondent acknowledges that all of the terms and conditions of the RFP are mandatory, and that respondent’s response is compliant with such requirements. The respondent specifically acknowledges the application of the procedures regarding disclosure of sensitive information as set forth in Attachment C of the RFP, and specifically agrees that it shall be bound by those procedures. The respondent understands that, if selected by VTA, the respondent and VTA will execute written agreements specifying the mutual requirements of participation. The undersigned acknowledges that it will negotiate in good faith to develop and enter into one or more written agreements with the VTA: (1) consistent with provisions of this RFP, (2) consistent with the provisions of its proposal, and (3) consistent with any contracting requirements applicable to the VTA as an instrumentality of the State of Vermont. Respondent agrees that the entire bid response will remain valid for sixty (60) days from receipt by VTA. I certify that the statements made in this Response to the RFP, including all attachments and exhibits, are true and correct to the best of my knowledge. Respondent: (Printed Name of Respondent) By: (Signature of Authorized Representative) Company Name: Title: Date: Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 24 of 29
  25. 25. Attachment E: Offshore Outsourcing Questionnaire Vendors must indicate whether or not any services are or will be outsourced under the terms of any agreement with the Vermont Telecommunications Authority (VTA). Indicate N/A if not applicable. This is required by the VTA but cannot be used as an evaluation criterion under Federal Law. Services: Proposed Service to Bid Total or Represents Outsourced be Outsourced Contract what % of Outsourced Work Location Subcontractor Estimate Total Contract Dollars (Country) Dollars If any or all of the services are or will be outsourced offshore, Vendors are required to provide a cost estimate of what the cost would be to provide the same services onshore and/or in Vermont. Bid Total or Bid Total or Proposed Service Contract Contract Onshore Work to be Outsourced Estimate if Estimate if Cost Impact Location Subcontractor Provided Provided in Onshore Vermont Name and Title of Bidder Signature of Bidder Date Company Name Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 25 of 29
  26. 26. Attachment F: Vermont Telecommunications Authority – Non-Disclosure Agreement Form CONFIDENTIALITY AGREEMENT This Agreement for use and non-disclosure of confidential and proprietary information (“Agreement”) entered into and effective this __ day of ___________, 2009 by and between: [PROVIDER] and The Vermont Telecommunications Authority One National Life Drive National Life Records Center Bldg. Montpelier, VT 05630-3201 WHEREAS, [PROVIDER] (“PROVIDER”) and The Vermont Telecommunications Authority (“VTA”) wish to protect and preserve the confidential and/or proprietary nature of information disclosed or made available to each other in connection with discussions and/or negotiations and/or an agreement regarding services contemplated by the parties; and WHEREAS, each party will disclose valuable, confidential, proprietary and/or inside information to the other; IT IS HEREBY AGREED, that neither PROVIDER nor VTA will voluntarily disclose information for which a reasonable claim of exemption can be made, including, but not limited to, proprietary and confidential information that is exempt from public disclosure by the State of Vermont pursuant to 1 VSA § 317(c), subject to the following terms and conditions: The term “proprietary information” means information, whether presented orally or in writing, and whether or not marked as “confidential” or “proprietary,” which could provide a competitive advantage to the party possessing such information and which either embodies trade secrets or is confidential technical, business, or financial information provided that such information: a. is not generally known, or is not available from other sources without obligations concerning its confidentiality; b. has not been made available by the owners to others without obligations concerning its confidentiality; c. is not already available to the public without obligations concerning its confidentiality; or, d. has not been developed independently by persons who have had no access to the information. 1. Each party agrees to use the confidential and proprietary information received from the other party only for the purposes of and in accordance with this Agreement. All proprietary rights and interests in and to a party’s confidential and proprietary information will remain such party’s property. No rights, licenses, trademarks, inventions, copyrights, or patents are implied or granted under this Agreement. 2. The receiving party shall provide at a minimum the same care to avoid disclosure or unauthorized use of the confidential and proprietary information as it provides to protect its own similar confidential and proprietary information. It is agreed that all confidential and proprietary information shall be retained by the receiving party in a secure place with access limited to only such of the receiving party’s Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 26 of 29
  27. 27. employees or agents who have a “need to know” such confidential and proprietary information in pursuance of this Agreement. 3. All confidential and proprietary information, unless otherwise specified in writing by additional agreement, shall remain the property of the disclosing party and shall be used by the receiving party only for the purpose intended. 4. Each party agrees not to disclose the fact of their relationship with the other party to any third party except as contemplated by this Agreement and other than as required by any law (including the Vermont Access to Records Law (1 VSA §315 et seq)), rule or regulation or judicial process. 5. The receiving party shall promptly notify the disclosing party of any request or demand by any court, governmental agency or other person asserting a demand or request for confidential and proprietary information of the disclosing party supplied pursuant to this Agreement, so that the disclosing party may seek an appropriate protective order. PROVIDER acknowledges that VTA is subject to the terms of the Vermont Access to Public Records Law, 1 VSA 315 et seq, and PROVIDER agrees that it will not make any claim against VTA if the VTA makes available to the public any information it receives from PROVIDER in response to a binding order from a court or governmental body or agency compelling its production. 6. This Agreement shall remain in full force and effect for a period of two (2) years, unless earlier terminated or extended as agreed by PROVIDER and VTA or protected for a longer period of time by law. 7. This Agreement may be terminated at any time during the term of the Agreement upon sixty (60) days written notice to the other party; provided that termination or expiration of this Agreement shall not relieve the recipient party of its obligations under this Agreement with respect to confidential and proprietary information exchanged prior to the effective date of the termination or expiration. 8. In the case of disputes the parties shall discuss and attempt in good faith to reach a fair, equitable and agreeable settlement. If the parties fail to settle the dispute through good faith negotiation of the issues or other forms of alternative dispute resolution, either party may terminate this Agreement immediately. This contract will be governed by the laws of the State of Vermont. 9. This Agreement may be executed in one or more counterparts (which may be originals, photocopies or copies sent by facsimile transmission), each of which counterparts shall be an original, but all of which shall constitute one and the same document. 10. This Agreement may not be amended except in writing by the parties’ authorized representatives. There are no agreements, understandings, or representations, express or implied, not specified herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized respective representatives as of the date first herein above written. Vermont Telecommunications Authority By: _______________________________ By: _______________________________ Print Name: ________________________ Print Name: ________________________ Title: ______________________________ Title: ______________________________ Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 27 of 29
  28. 28. Attachment G: Percentage Evaluation Form RFP for Mobile Anchor Tenancy on VTA’s Tower Infrastructure Respondent’s Name: Criteria Points Score Experience/Performance/Personnel 40 Technical Approach 35 Green Engineering 25 Cost Proposal Pass/Fail Financial Condition Pass/Fail TOTAL SCORE 100% Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 28 of 29
  29. 29. Attachment H: Vermont Tax Certificate and Insurance Form DATE: ________ Professional Services for the Vermont Telecommunications Authority (Name/Address) This form must be completed and submitted as part of the response for the proposal to be considered valid. The undersigned agrees to furnish the products or services listed at the prices quoted and, unless otherwise stated by the vendor, the Terms of Sales are Net 30 days from receipt of service or invoice, whichever is later. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. VERMONT TAX CERTIFICATE AND INSURANCE CERTIFICATE To meet the requirements of Vermont Statute 32 V.S.A. subsection 3113, by law, no agency of the State may enter into extend or renew any contract for the provision of goods, services or real estate space with any person unless such person first certifies, under the pains and penalties of perjury, that he or she is in good standing with the Department of Taxes. A person is in good standing if no taxes are due, if the liability for any tax that may be due is on appeal, or if the person is in compliance with a payment plan approved by the Commissioner of Taxes, 32 V.S.A. subsection 3113. In signing this bid, the bidder certifies under the pains and penalties of perjury that the company/individual is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due to the State of Vermont as of the date this statement is made. Bidder further certifies that the company/individual is in compliance with the Vermont Telecommunications Authority’s insurance requirements as detailed in section 6 of the Standard VTA Contract Provisions. All necessary certificates must be received prior to issuance of Purchase Order. If the certificate of insurance is not received within five (5) days, the VTA reserves the right to select another vendor. Please reference this RFP# when submitting the certificate of insurance. Insurance Certificate: Attached ______ Will provide upon notification of award: (within 5 days) Delivery Offered _____ Days after Notice of Award Terms of Sale ______________________ Quotation Valid for ________ Days Date: _____________________________ Name of Company: __________________________ Telephone Number: _________________ __________________________________________ Fax Number: ______________________ By: _______________________________________ Name: ____________________________ Signature (Bid Not Valid Unless Signed) (Type or Print) This is NOT AN ORDER All returned quotes and related documents must be identified with our request for proposal number. Request for Proposals for Anchor Tenancy on VTA’s Cellular Infrastructure RFP No. VTA2009-104 Page 29 of 29

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