ERFP16-13-14

E-RATE WIRELESS TELEPHONE AND BROADBAND SERVICE

SANTA CLARA COUNTY OFFICE OF EDUCATION-

SPECIAL EDUCATION, ALTERNATIVE SCHOOLS, HEAD START, PARKWAY, WALDEN WEST

TABLE OF CONTENTS

FOR

WIRELESS TELEPHONE AND BROADBAND SERVICE

FOR

SANTA CLARA COUNTY OFFICE OF EDUCATION,

SPECIAL EDUCATION, ASD, HEAD START, PARKWAY, and WALDEN WEST

  1. Table of ContentsPage 1

2. Instructions and ConditionsPages 2 - 6

  1. SpecificationsPage 7
  1. RFP Form Pages 8 - 11

5. Attachments

a) Affirmative Action

b) Nondiscrimination by Supplier

c) Bidding Questionnaire

d) Workers Compensation

e) Sub-Contractors List

f) Non-collusion Declaration

Forms also available at

NOTE: The Table of Contents and all items listed are to be made a part of the above referenced Proposal.

______

A.D. Bursch, CPM

Purchasing Manager

INSTRUCTIONS AND CONDITIONS

FOR

WIRELESS TELEPHONE AND BROADBAND SERVICE

FOR

SANTA CLARA COUNTY OFFICE OF EDUCATION,

SPECIAL EDUCATION, ASD, HEAD START, PARKWAY, and WALDEN WEST

NOTICE IS HEREBY GIVEN that the Santa Clara County Office of Education, San Jose, California, hereinafter referred to as the Owner, will receive up to, but no later than,Monday January 13, 2014 at 3:00 p.m. sealed Proposals for the award of a contract for:

WIRELESS TELEPHONE AND BROADBAND SERVICE

All proposalsprovided shall be FOB-Destination.

The Owner reserves the right to reject any or all Proposals, to waive any informality in the proposal process, to award on an item-by-item or total basis, and to be the sole judge of whether an item proposed is equivalent to the requested item and meets the needs of this office.

CONTACTS

Any technical questions regarding this proposal should be directed to Steven Mitome at (408) 453-6897 or email .

Any Purchasing related questionsshould be directed to Senior Buyer, Nada Cavigliano at (408) 453-6920 or email .

PREPARATION OF PROPOSAL FORM

Please prepare your Proposals on the form attached to be submitted at such time and place as is stated in the notice to contractors calling for Proposals. All blanks in the Proposal Form must be appropriately filled in, and all prices must be stated in words and figures. All Proposals submitted must be in sealed envelopes bearing on the outside the name of the Consultant, his address, and the name of the project for which the proposal is submitted. It is the sole responsibility of the Consultant to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the Consultant unopened.

INFORMED CONSULTANTS

Before submitting Proposals, Consultants must fully inform themselves of the conditions, requirements and specifications of the work or materials to be furnished. Failure to do so will be at Consultants’ own risk and they cannot secure relief on the plea of error.

BID SEPARATELY

Bid on each item separately. Prices should be stated in units specified in Proposal Form. If standard packaging is not consistent with Proposal, so indicate on Proposal Form.

TIME OF DELIVERY

Time of delivery is a part of the Proposal and must be adhered to. If it is impossible to meet delivery stated in Proposal Form, Consultant shall state best delivery possible for each item. Time, if stated as a number of days shall mean calendar days.

SIGNING OF PROPOSALS

The signature of all persons signing shall be in longhand and executed by principal duly authorized to make contracts. The Consultant’s legal name shall be fully stated. Obligations assumed by such signature must be fulfilled.

NO PROPOSAL

If you are unable to provide a proposal, please return the Proposal and/or biddingQuestionnaire stating reason; otherwise, your name may be removed from our RFP list.

TAXES, CHARGES AND EXTRAS

1.Unless otherwise definitely specified, the prices provided in this Proposal herein do not include Sales Tax, Use Tax, or other taxes.

2.The Owner does not pay Federal Excise Taxes. Do not include these taxes in your Proposal price; however do indicate on the Proposal the amount of any such tax. The Owner will sign an Exemption Certificate in lieu of such a tax.

QUALIFICATIONS

All consultants may be required to furnish evidence of their technical ability, experience, and financial responsibility. No proposal will be accepted from, or a contract awarded to, any party or firm in arrears to the Owner, or who is a defaulter as surety, contractor or otherwise within the past twelve (12) months. Successful contractor will be required to show proof of current contractor’s license for their trade.

AWARD OF PROPOSALS

  1. Proposals will be evaluated on basis of price 40%, compliance to Specifications 5%, customer service 10%, references for performance and/or quality 5%, Internet/Data Access speed and quantity 5%, phones/equipment 5%, coverage area 10%, wireless broadband technology 5%, technical support 5%, added features 5%, and delivery date 5%.
  1. A written purchase order mailed or otherwise furnished to the successful consultant within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

ALTERATION OR VARIATION OF TERMS

It is mutually understood and agreed that no alteration or variation of the terms of this proposal or purchase order shall be valid unless made or confirmed in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made or confirmed in writing between the parties hereto shall be binding on any of the parties hereto.

ASSIGNABILITY

A contract is not assignable by vendor either in whole or in part. The contract shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

WARRANTY

Vendor warrants to the Owner and/or its customer that the goods and/or services covered by this order will conform to the specifications, furnished by the Owner. The Owner reserves the right to cancel the unfilled portion of this order without liability to vendor for breach of this warranty.

COMPLIANCE WITH STATUTE

Vendor hereby warrants that all applicable Federal and State statutes and regulations and/or local ordinances will be complied with in connection with the sale and delivery of the property furnished.

RIGHTS & REMEDIES FOR DEFAULT

1.In the event any item furnished by the vendor in the performance of the contract or purchase order shall fail to conform to the Specifications thereof, or the same submitted by the vendor with his proposal, the Owner may reject the same, and it shall thereupon become the duty of the vendor to reclaim and remove the same forthwith, without expense to the Owner, and immediately to replace all such rejected items with others conforming to such Specifications or samples; providing that should the vendor fail, neglect, or refuse to do so the Owner shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items to deduct from any moneys due to that, may thereafter become due the vendor the difference between the prices named in the contact or purchase order and the actual cost thereof to the Owner. In the event the vendor shall fail to make prompt delivery as specified of any item, the same condition as to the rights of the Owner to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God, or the government.

  1. Cost of inspection of materials and/or services provided which do not meet Specifications will be at the expense of the vendor.
  1. The rights and remedies of the Owner provided above shall be exclusive and are in addition to any other rights and remedies provided by the law or under the contract.

PROPOSAL RESULTS

Proposal results are available for inspection in the Purchasing Office, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131-2398.

PRICE, TERMS AND CONDITIONS

Price, terms, and conditions of this proposal are considered valid for sixty (60) days, from date of proposal opening, unless the offering party in writing allows for a longer period to time.

1.Any cash discounts given to the Owner must be so stated on the proposal.

  1. Prompt payment discounts offered for payment within less than thirty (30) calendar days will not be considered in evaluating offers for award. However, offered discounts of less than thirty (30) days will be taken if payment is made within the discount period, even though not considered in the evaluation of offers.
  2. In connection with any discount offered, time will be computed from date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received, if the latter is later than the date of delivery. Payment is deemed to be made for the purpose of earning the discount on the date of mailing the warrant or check.

MODIFICATIONS

Changes in or additions to the Proposal Form, recapitulations of the work proposed upon alternative proposals, or any other modifications of the Proposal Form which is not specifically called for in the contract documents may result in the rejection of the Proposal as not being responsive to the Proposal. No oral or telephonic modification of any Proposal submitted will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the Consultant was placed in the mail prior to the proposal opening.

ERASURES

The Proposals submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initials of the persons signing the Proposal.

WITHDRAWAL OF PROPOSALS

Consultants may withdraw their proposal either personally, by written request, or by fax request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of proposals.

LISTING SUBCONTRACTORS

Each firm shall include with the sealed proposal a list of the proposed subcontractors on this project. Forms for this purpose are furnished with the contract documents.

WORKER'S COMPENSATION

In accordance with the provisions of Section 3700 of the Labor Code, contractor shall secure the payment of compensation to employees. Contractor shall sign and file with SCCOE the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The certificate is included herein.

AFFIRMATIVE ACTION

1.The Bidder shall comply with the Santa Clara County Office of Education Affirmative Action Employment Program adopted by the Board of Education on January 13, 1976, especially Section 12, Contract Compliance (a copy of the section attached hereto).

2.A complete copy of the Affirmative Action Employment Program may be requested through the Purchasing Manager, General Services Department, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131.

3.The Bidder shall sign the enclosed "Certification of Nondiscrimination by Supplier" form and submit it with the proposal.

WAGE SCALE

The SCCOE has determined the general prevailing rate per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the contract, which will be awarded to the successful bidder, to be as adopted by the Board of Supervisors of Santa Clara County.

WORKER’S COMPENSATION

In accordance with the provisions of Section 3700 of the Labor Code, contractor shall secure the payment of compensation to employees. Contractor shall sign and file with SCCOE the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provision before commencing the performance of the work of this contract.” The certificate is included herein.

Per diem is based upon a working day of eight (8) hours. The rate for holiday and overtime work shall be at time and one-half.

It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor hereunder, to pay not less than the said specified rates to all workers employed in execution of the contract.

As a federally funded project, all work is subject to the Davis Bacon Act and the Copeland Act. As such, the successful contractor shall be required to pay prevailing wages as identified by the Department of Labor’s Code of Federal Regulations (CFR), Title 29, Part 5.5 and shall be required to submit weekly certified payroll reports to the SCCOE’s Purchasing Department.

INTERPRETATION OF PLANS AND DOCUMENTS

If a consultant for the proposed contract is in doubt as to the true meaning of any part of the specifications or other contract documents, or finds discrepancies in, or omissions from specifications, consultant may submit to the Purchasing Manager a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No oral interpretation of any provision in the contract documents will be made to any proposal.

CONSULTANTS INTERESTED IN MORE THAN ONE PROPOSAL

No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one proposal for the same work unless alternate proposals are specifically called for. A person, firm, or corporation that has submitted a sub-proposal to a Bidder, or that has provided prices or materials to a consultant, is not thereby disqualified from submitting a sub-proposal or quoting prices to other consultants or making a prime proposal.

EVIDENCE OF RESPONSIBILITY

Upon the request of the Owner, a Consultant whose Proposal is under consideration for award shall submit promptly to the Owner’s satisfaction evidence showing the consultant’s financial resources, experience, and organization for the performance of the contract.

FEES AND PERMITS

The contractor shall procure and pay for all permits, licenses, and fees, etc., required to carry on and complete his work.

AFFIRMATIVE ACTION

1.The Consultant shall comply with the Owner Affirmative Action Employment Program adopted by the Board of Education on January 13, 1976, especially Section 12, Contract Compliance (a copy of the section attached hereto).

2.A complete copy of the Affirmative Action Employment Program may be requested through the Purchasing Unit, General Services Department, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131-2398.

3.The Consultant shall sign the enclosed “Certification of Nondiscrimination by Supplier” form and submit it with the proposal.

SPECIFICATIONS

FOR

WIRELESS TELEPHONE AND BROADBAND SERVICE

FOR

SANTA CLARA COUNTY OFFICE OF EDUCATION,

SPECIAL EDUCATION, ASD, HEAD START, PARKWAY, and WALDEN WEST

SCOPE

The SCCOE is seeking to purchase Wireless Telephone and Broadband Service for staff at its various school site locations in Santa Clara County

NOTE: AWARD OF PROPOSALIS BASED ON FULL E-RATE FUNDING

SPECIFICATIONS

Service must include access to nation wide coverage. Area coverage maps (wireless phone, 3G, and 4G(if available)) must be included with the Proposal. Successful vendor must have respondent service center within 100 miles of San Jose, California.Wireless Broadband Internet Access must be eligible for California Teleconnect Fund (CTF) discounting.

ONLY PROPOSALS SUBMITTED ON ATTACHED PROPOSAL FORM WILL BE ACCEPTED.

Additional details may be included on separate pages as information only.

Services commencing 07/01/2014 or later.

Must be authorized vendor registered with the USAC (Universal Service Administrative Company) with valid SPIN and up-to-date Form 498 at time of services rendered.

A responsible Proposalmust include the following:

* Monthly cost per phone and/or broadband device.

* Per minute usage cost for each category.

* Cost to switch service from existing provider.

NOTE: Successful vendor must provide service to existing phones or supply new phones at

no charge. Vendor must insure that we retain all existing phone numbers.

PROPOSAL FORM

FOR

WIRELESS TELEPHONE AND BROADBAND SERVICE

FOR

SANTA CLARA COUNTY OFFICE OF EDUCATION,

SPECIAL EDUCATION, ASD, HEAD START, PARKWAY, and WALDEN WEST

TO:THE SANTA CLARA COUNTY OFFICE OF EDUCATION

Pursuant and in compliance with your Instructions and Conditions and all other documents relating thereto, the undersigned offered, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract, the cost of the work at the place where the work is being done, and with the specifications and other contract documents, hereby proposed and agrees to perform within the time stipulated, in contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expandable equipment, and all utility and transportation services necessary to perform all of the work required in connection with#ERFP16-13-14all in strict conformity with the specifications and other contract documents, including addenda nos. , and , on file at the Office of the Purchasing Manager of the Santa Clara County Office of Education.

BASE PROPOSAL

In compliance with “Instructions and Conditions” and “Specifications” which we acknowledge to have reviewed and understand, we submit our Proposal as follows:

Plan Features / A / B / C / D / E / Emergency
Use Only
Anytime Minutes / 0 / 500 / 1000 / 1500 / 2000 / 0
Unlimited Mobile to Mobile / Included / Included / Included / Included / Included / Included
Long Distance / 0 / Included / Included / Included / Included / 0
Roaming / 0 / Included / Included / Included / Included / 0
Nights & Weekend Minutes / 0 / Unlimited / Unlimited / Unlimited / Unlimited / 0
Peak Hours / 7 AM - 9 PM / 7 AM - 9 PM / 7 AM - 9 PM / 7 AM - 9 PM / 7 AM - 9 PM / 7 AM - 9 PM
Included Text Messages
Quantity / 4 / 120 + growth
Costs/Per Phone / A / B / C / D / E / F
A) Monthly
Additional Minutes
Add. Min./phone per -month / x 0 / x 125 / x 250 / x 375 / x 500 / x 0
B) Add. Minutes Total Cost
C) Activation Fee
D) Cost for Switching Phone #
Sub-Total (A+B+C+D)
Number of phones / X4 shared min. / x 120 + Growth
Total
Grand Total
The following for information only
Unlimited Text Messages
Roaming per Minute
Internet Access unlimited
Internet Access per minute

Please include price list of various phones available for each plan.