Fiber for Brook Valley School

RFP ID # ESU01152016

Construction Project RFP

Educational Service Unit #3

6949 South 110th Street

Omaha, NE 68128-5721

PHONE 402-597-4810

FAX 402-597-4808

To locate RFP information:

All questions or requests for interpretations of the documents shall be emailed to . The RFP number must be referenced in the subject line. All questions and answers will be posted on the ESU #3 website. The website address is Click on ESU3 Bid Information on the left hand side of the page. Then click on Fiber for Brook Valley School RFP. Questions received by Wednesday at noon will be posted on the ESU #3 website by Friday at noon.

Table of Contents

I.Company Information

A.Company Background

II.Project Description

A.Project Goals and Objectives

III.Schedule of Events - Timeline

IV.Procurement Procedures

A.Procuring Office and Contact Person

B.General Information

C.News Release

D.Contractor’s Intent to Respond to RFP

E.Written Questions and Answers

F.Amendment to RFP

G.Exceptions to RFP

H.Mandatory Requirements

I.Reference Checks

J.Late Proposal

K.Rejection of Proposal

V.Terms and Conditions

A.Proposed Contract

B.Compliance with Civil Rights and Equal Opportunity Employment / Nondiscrimination

C.Permits, Regulations, Laws

D.Ownership of Information and Data

E.Independent Contractor

F.Contractor Responsibility

G.Contractor Personnel

H.New Employee Work Eligibility Verification

I.Assignment by the Contractor

J.Funding out Clause or Loss of Appropriations

K.Breach by Contractor

L.Confidentiality

M.Proprietary Information

N.Insurance Requirements

O.Unemployment Compensation

P.Performance and Payment Bonds

Q.Payment Terms

R.E-rate requirements

VI.Scope of Work

A.Introduction

B.General Requirements

C.Implementation

VII.Project Management and Planning

A.Project Manager

RFP ID # ESU01152016Page 1 of 12

  1. Company Information
  1. Company Background

Educational Service Unit #3 (ESU #3) is a Nebraska political subdivision providing educational programs and technology services since 1966 to 18 public school districts in Cass, Douglas, Sarpy, and Washington Counties. The school districts range in size from 22,000 students to 365 students which includes suburban and rural districts surrounding the Omaha area. ESU #3 is the largest of seventeen ESUs in Nebraska and serves over 67,650 students and 5,000 professional educators.

  1. Project Description
  1. Project Goals and Objectives

Educational Service Unit #3 (ESU#3)is requesting proposals for services to provide a high-speed Wide Area Network (WAN) solution that will allow for reliable and secure transmissions of voice, data and video. ESU#3 is looking for leased or owned (by ESU#3) fiber services that will connect Three (3) buildings of the La Vista campus with links from the Educational Service Unit #3 Administrative Building (6949 So. 110th St, La Vista, NE 68128), the Brook Valley South Building (7030 So 110th St, La Vista, NE 68128) and the Brook Valley North Building (6960 So 110th St, La Vista, NE 68128).

The Service Provider may propose a lit fiber service, a self-provisioned fiber service or both.

  1. Schedule of Events / Timeline

ESU #3 expects to adhere to the tentative schedule shown below. It should be noted, however, that some dates are approximate and final dates are subject to mutual agreement. It is the intention of ESU #3 to move the process as quickly as possible.

ACTIVITY / DATE/TIME if applicable
1. / Release RFP / January 19, 2016
2. / Contractor walkthrough/meeting/etc.
contact Dave Curtis at f you are unable to make this meeting. / January 25, 2016 at 1:30 PM in the D&N Conference Room
3. / Last Day to Submit Written Questions.
Last Day to Respond to ESU #3 of Intent to Bid / February 10, 2016 at 12:00 PM
4. / Deadline to Submit Proposal / February 18, 2016 at 1:30 PM
5. / Proposal Opening
Location: Educational Service Unit #3 – D&N Conference Room
6949 S 110th St
Omaha, NE 68128 / February 18, 2016 at 1:30 PM
6. / Oral interviews/Presentation (if required by ESU#3) / To be determined
7. / Contract Finalization Period / Verify Numbers with Contractor / Feb 29, 2016
8. / Contract Award (after ESU#3 Board Approval at the evening meeting) / March 15, 2016
9. / Implementation Start Date / To be coordinated with Dave Curtis – please reference Scope of Work
10. / Implementation Complete / July 22, 2016
  1. Procurement Procedures
  1. Procuring Office and Contact Person

Procurement responsibilities related to this RFP reside with ESU #3. The point of contact for this procurement is as follows:

Name:Dave Curtis, Building and Grounds Manager

RFP Number:ESU01152016

Address:6949 South 110th Street

Omaha, NE 68128-5721

Telephone:(402) 597-4810

Facsimile:(402) 597-4808

E-Mail: with the RFP number in the subject line

  1. General Information

The RFP is designed to solicit proposals from qualified contractors. Proposals that do not conform to the mandatory items as provided in the Mandatory Requirements Section will not be considered.

Proposals shall conform to all instructions, conditions, and requirements included in this RFP. Prospective contractors are expected to carefully examine all documentation, schedules and requirements stipulated in this RFP, and respond to each requirement in the format prescribed. Once proposals are opened they become the property of ESU #3 and shall not be returned.

The proposal shall contain the contractor’s best and final price, which must include bond cost if required.

ESU #3 reserves the right to accept all or a portion of the services or products proposed in any contractor’s proposal.

  1. News Release

Contractors submitting proposals in response to this RFP are not at liberty to discuss this RFP with anyone other than those people within the contractor’s company who are required to participate in the contractor’s proposal. Any public release of information about participation in this RFP will disqualify that contractor. The selected contractor may not release details of the RFP for public information. Any public release of information must be approved in advance by ESU #3.

  1. Contractor’s Intent to Respond to RFP

Contractors intending to respond to this RFP should email their intent to including the RFP number in the subject line by the date specified in the schedule of events section of this RFP. This will give ESU #3 the necessary contact information should questions arise regarding the RFP. If a Contractor does not notify ESU #3 of its intent to respond, the contractor can still respond to the RFP. However, the contractor will not be included in the email correspondence that the other contractors receive regarding contractor questions.

  1. Written Questions and Answers

Any explanation desired by a contractor regarding the meaning or interpretation of any RFP provision must be submitted in writing via e-mail to at ESU #3 and the RFP number must be clearly identified in the subject line. Only written explanations, instructions, or guidelines provided by ESU #3 contact personnel may be relied on by contractors. Answers to contractor questions shall be posted for all contractors on the ESU #3 website.

  1. Amendments to RFP

If this RFP is amended by ESU #3, the amendment will be sent to each contractor in writing via email. No oral amendments will be considered or acknowledged. Contractors are required to acknowledge each amendment received by promptly replying to the email notification.

  1. Exceptions to the RFP

Contractors must provide a list of exceptions taken to this RFP. Any exceptions must be identified and explained in writing. An exception is defined as the contractor’s inability to meet a mandatory requirement in the manner specified in the RFP. If the contractor proposes an alternate solution when taking an exception to a requirement, the benefits of the alternative solution must be explained.

  1. Mandatory Requirements

The mandatory requirement items are as follows:

a)Cover letter signed by an officer of the contractor’s company attesting to the information provided in the contractor’s submission packet.

b)Scope of Work

c)Itemized Pricing

d)Any exceptions taken to the RFP. State “NONE” if there are no exceptions

e)Proposed Contract unless ESU #3 contract document will be utilized. If a proposed contract is not submitted, it will be assumed that the ESU #3 contract will be used.

  1. Reference Checks

ESU #3 reserves the right to check any reference(s), regardless of the source of the reference information, including but not limited to, those that are identified by the contractor in its proposal, those indicated through the explicitly specified contacts, those that are identified during the review of the proposal, or those identified through communication with other entities involved with similar projects.

Information to be requested and evaluated from references may include, but is not limited to, some or all of the following: project description and background, tasks completed, functional and technical abilities, communication skills and timeliness, cost and schedule estimates and accuracy, problems (poor quality deliverables, contract disputes, work stoppages, et cetera), overall performance, and whether or not the reference would rehire the firm or individual.

  1. Late Proposal

Proposals received after the deadline for submitting proposals shall be considered late proposals. ESU #3 is not responsible for proposals that are late or lost due to mail service inadequacies, traffic or other similar reasons. Late proposals will not be accepted.

  1. Rejection of Proposal

ESU #3 reserves the right to reject any or all proposals, wholly or in part, or to award to multiple contractors in whole or in part, and at its discretion, may withdraw or amend this RFP at any time. ESU #3 reserves the right to waive any deviations or errors in any proposal that, in ESU #3’s discretion, are immaterial, do not invalidate the legitimacy of the proposal, and do not improve the contractor’s competitive position. All awards will be made in a manner deemed in the best interest of ESU #3.

  1. Terms and Conditions

By submitting a proposal in response to this RFP the contractor guarantees compliance with the provisions stated herein, agrees to the terms and conditions hereof, and certifies that the contractor maintains a drug free work place.

  1. Proposed Contract

The Contract section of a contractor’s proposal shall include all details of the contract terms that will be offered by the contractor if the contractor’s proposed solution is accepted by ESU #3. A sample proposed contract shall be included; otherwise ESU #3’s standard contract will be utilized. If the language in section titled New Employee Work Eligibility Verification (Section V. J.) herein is not included in the proposed contract, the contractor agrees to sign a contract addendum generated by ESU #3 including such language.

  1. Compliance with Civil Rights Laws and Equal Opportunity Employment / Nondiscrimination

The Contractor shall comply with all applicable local, State and Federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of ESU #3, and their subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions or privileges of employment because of race, color, religion, sex, disability, or national origin (Neb. Rev. Stat. § 48-1101 to 48-1125). The Contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor guarantees compliance with 34 CFR Sec. 99.31(6), the Department of Education’s regulations implementing FERPA. The Contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this RFP.

  1. Permits, Regulations, Laws

The Contractor shall procure and pay for all permits, licenses and approvals necessary for the implementation of the Contractor’s solution unless otherwise provided for in the contract. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders and regulations.

  1. Ownership of Information and Data

ESU #3 shall have the unlimited right to publish, duplicate, use and disclose all information and data developed or derived by the selected contractor pursuant to the contract.

The contractor must guarantee that it has the full legal right to the materials, supplies, equipment, and other rights or titles (e.g. rights to licenses transfer or assign deliverables) necessary to execute the contract. The contract price shall, without exception, include compensation for all royalties and costs arising from patents, trademarks and copyrights that are in any way involved in the contract. It shall be the responsibility of the contractor to pay for all royalties and costs, and the contractor shall hold ESU #3 harmless from any such claims.

ESU #3 retains all ownership of data. The contractor shall guarantee the data will never be sold by the contractor. If the contractor is purchased by another company, the purchasing company shall be bound by all the terms of the contract. If all or part of the solution is no longer supported, the data shall be returned to ESU #3 with all necessary information and/or code to guarantee ESU #3’s continued use of the product and data.

Integrity and security of all data must be guaranteed.

  1. Independent Contractor

Nothing contained in the contract is intended or should be construed in any manner as creating or establishing a partnership relationship between ESU #3 and the contractor. The contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under the contract. The contractor’s employees and other persons engaged in work or services required by the contractor under the contract shall have no contractual relationship with ESU #3 and shall not be considered employees of ESU #3.

All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the contractor, its officers or its agents) shall in no way be the responsibility of ESU #3. The contractor will hold ESU #3 harmless from any and all such claims. Such personnel or other persons shall neither require nor be entitled to any compensation, rights or benefits from ESU #3 including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay or retirement benefits.

  1. Contractor Responsibility

The contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the RFP, the contractor’s proposal, and the resulting contract. The contractor shall be the sole point of contact regarding all contractual matters. Contractor shall name and provide to ESU #3 the email address of the contractor’s designated project manager.

The contractor shall not utilize any subcontractor services without prior written approval by ESU #3. Following execution of the contract, the contractor shall proceed diligently with all services and shall perform such services with qualified personnel in accordance with the contract. This information must be disclosed in contractor’s responsive proposal to this RFP. Failure to properly disclose may result in termination of the contract.

Contractor will not, under any circumstance, give incentives/gifts/reward points including food, trinkets, clothing, hardware, software, travel, etc. to any ESU #3 employee as per Nebraska statute 49-14,101.01. Employees are prohibited by statute from receiving personal gain through the use of the governmental resources other than their compensation allowed for by law.

  1. Contractor Personnel

The contractor must warrant that all personnel used to fulfill the contract shall be employees of the contractor and shall be fully qualified to perform the work required therein, and shall remain under the sole direction and control of the contractor.

Personnel commitments made in the contractor’s proposal shall not be changed without the prior written approval of ESU #3. Replacement of key personnel, if approved in advance by ESU #3, shall be with personnel of equal or greater ability and qualifications.

ESU #3 reserves the right to require the contractor to reassign or remove from the project any employee of contractor.

In respect to its employees, the contractor agrees to be responsible for the following:

a)Any and all employment taxes and/or other payroll withholding

b)Any and all vehicles used by the contractor’s employees, including all insurance required by state law

c)Damages incurred by contractor’s employees within the scope of their duties under the contract

d)Maintaining workers’ compensation and health insurance and submitting any reports on such insurance to the extent required by governing state law

e)Determining the hours to be worked and the duties to be performed by the contractor’s employees.

f)Evidence of satisfactory background check of contractor and its employees, if required by ESU #3 in its sole discretion.

Notice of cancellation of any required insurance policy must be submitted to ESU #3 when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.

ESU#3 is a tobacco free work place and does not allow the use of any form of tobacco on any ESU #3 owned property. This includes contractors or subcontractor’s employees while on ESU#3 property.

  1. New Employee Work Eligibility Verification

Pursuant to Nebraska Revised Statute § 4-114 the contractor is required and must agree to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. The contractor is further required and must agree to include this same provision in every contract with any approved subcontractor which will be physically performing services within the State of Nebraska in conjunction with the contractor’s contract with ESU #3.

Pursuant to Nebraska Revised Statute § 4-108, if the contractor is an individual of sole proprietorship, then the following also applies:

a)The contractor must complete the United States Citizenship Attestation Form, available on the Nebraska Department of Administrative Services website at

b)If the contractor indicates on such attestation form that he or she is a qualified alien, the contractor agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

c)The contractor understands and agrees that lawful presence in the United States is required and the contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. § 4-108.