Generic Request for Proposal Template for Next Generation Networks and
Services
Gig.U: University Community Next Generation Innovation Project
July 2012
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Table of Contents
Introduction to the Generic Request for Proposals ................................................................. 3
Using the Generic Request for Proposals Template ................................................................ 5
Third Party Model ................................................................................................................. 6
1. Introduction................................................................................................................... 6
2. Services Sought ............................................................................................................ 11
3. Administrative Issues ................................................................................................... 15
PPP Open Model ................................................................................................................. 22
1. Introduction................................................................................................................. 22
2. Services Sought ............................................................................................................ 28
3. Administrative Issues ................................................................................................... 31
PPP Not Open Model ........................................................................................................... 38
1. Introduction................................................................................................................. 38
2. Services Sought ............................................................................................................ 43
3. Administrative Issues ................................................................................................... 47
Structural Separation (i) Model ............................................................................................ 54
1. Introduction................................................................................................................. 54
2. Services Sought ............................................................................................................ 59
3. Administrative Issues ................................................................................................... 63
Structural Separation (ii) Model ........................................................................................... 69
1. Introduction................................................................................................................. 69
2. Services Sought ............................................................................................................ 74
3. Administrative Issues ................................................................................................... 78
Structural Separation (iii) Model .......................................................................................... 84
1. Introduction................................................................................................................. 84
2. Services Sought ............................................................................................................ 89
3. Administrative Issues ................................................................................................... 93
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Introduction to the Generic Request for Proposals
This Generic Request For Proposals Framework (Framework) is intended to help communities
generate a Request for Proposal that fits the preferences and context of each community that
wants to accelerate the deployment of next generation networks and services. The Framework
is designed to give each community the option to choose its own path. To make the most
efficient use of this Framework, a community must be able to answer two questions:



Will all or parts of the network be owned by the community or other public entity; and
Does the community seek a wholesale-only network or are retail services of interest as
well?
Does the community want to have the network operate on an open access basis?
What is expected of potential bidders to the RFP depends on the answers to the questions
above. That is: will the RFP be for construction, operation and maintenance of a network or for
a subset of those functions? The Framework outlines six approaches communities can take
based on the answers to those questions:

Third Party: A service provider owns the network and provides retail and wholesale
services.

Public-Private Partnership (P3): A model where the Requesting Entity (RE) desires a
public-access network but may not build, own or operate the network. Public-private
partnerships take many forms, depending on community preference and the legal
framework in which the municipality operates. See Figure 3 for a further exploration of
public-private partnerships and broadband networks. There are two flavors:
o P3 Open: A model where the wholesale network is owned by a public-private
entity and operates as an open-access, wholesale network, and
o P3 Not Open: A model where parts of the network are not owned by a single
public or private entity. The wholesale network is not necessarily open and the
network operator does provide retail services.

Structurally Separate (SS): A model where network ownership is separated from service
delivery. There are several variations of this model that depend upon who owns which
parts of the infrastructure:
o SS(i): A public entity completely owns the network infrastructure,
o S(ii): A public entity owns part of the infrastructure, or
o SS(iii): A private entity completely owns the network and there is no public
ownership.
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Figure 1.
Figure 2.
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Using the Generic Request for Proposals Template
In the following pages, Gig.U has outlined a complete template for each of the potential models
above. In many sections of the template, the language is the same for all entities, but the full
document is presented for ease of use. Each template begins with an explanation of the
network operating model, followed by a description of the services being requested and
administrative issues. The n addition, throughout the template, there are sections that are
highlighted. Each of these highlighted sections denotes a place where the Requesting Entity
must either fill in factual or contextual information or make a decision based on the
preferences of their community. In most cases Gig.U has provided language that will serve as a
starting point, but did not provide specific language for every alternative.
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Third Party Model
Third Party Model
This RFP Framework is for a network that will be wholly owned and operated by a
Vendor. This is considered a Vertically Integrated Third Party Model. The Vendor may
offer service to other service providers on a wholesale basis, but if it does so there will
not be an open access requirement. Examples of this model include local cable
franchise agreements.
1. Introduction
1.1 Network Background
The Requesting Entity[ies] (REs) are requesting proposals from Vendors to build,
manage and operate a next generation communications network (“Network”) that will
provide next generation Internet access service to businesses, homes, and community
institutions within the Service Area. A baseline of 1 Gbps symmetric service will serve as
the definition of “next generation” service for this RFP. The REs will provide a variety of
forms of support, including (but not necessarily limited to): (i) streamlining access to
infrastructure, rights-of-way and inspections; (ii) assistance in demand aggregation; (iii)
long-term contracts and support for development of high bandwidth applications to
drive adoption; (iv) marketing assistance (including working directly with Vendors, local
business leaders and community leaders to increase the revenue opportunities and
lower the costs associated with constructing and operating the Network); (v) revising
local rules, regulations or requirements to decrease the cost to deploy or operate the
Network; and (vi) collaboration with local research and education networks.
The selected Vendor will operate the Network so as to provide retail services, and it
may, but need not, provide wholesale services to other service providers. If it chooses
to do so, it will not have to implement an open access requirement or ensure that retail
services competitors will be given treatment equal to that it provides to itself. However,
the Vendor must not limit the ability of its customers or retail service providers or their
customers to run applications, use services and connect devices of their choice to the
Network.
The Vendor will bear all of the costs for the Network, including but not limited to
design, engineering, construction, equipment and insurance for the Network, up to the
end user drop point or network interface device. In addition, the Vendor will bear all
the operating and maintenance costs of the Network. In addition, Vendor should
demonstrate a clear upgrade path for the Network to meet future consumer demand
and service developments to at least 2016 and preferably beyond.
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The REs will not charge Vendor for access to REs's assets and infrastructure except as
set forth herein. The REs will provide [no] [only very limited] funds for the
construction, maintenance and operation of the network. The REs’ other specific
contributions are set forth in Part 1.4-1._ of this RFP.
The REs intend the Network to serve as a development platform for innovation, next
generation application development, workforce development and job creation
throughout the Service Area.
1.2 Nature of Entities Issuing RFP
This RFP is issued by the Requesting Entity[ies] (“RE”). [Describe REs: e.g.: _________ is
a nonprofit organization established in ____ to help improve access to
_________________. It is governed by a board of directors representing government,
partner universities, foundations, and others. ]
1.3 Overview
[Note to REs: Keep in mind that this is a template. We have included the references in
Subsections 1.4 and 1.9 to 'small business' and 'small to medium enterprises' as
illustrative of factors that are often of concern to communities or are required by state
law to be factors taken into account in public procurements. These terms will be
defined by the communities or the governing regulations.]
This RFP seeks proposals for the deployment and operation by Vendor of a high-speed
fiber network for the citizens and businesses in the Service Area. The objectives are to
establish a Network that:
1.
is able to offer retail broadband services with a guaranteed sustained
minimum 1 Gbps dedicated symmetrical transmission speed over each
connection provided to a premises;
2.
is able to support high quality voice, data and video services;
3.
uses fiber-to-the-premises network architecture;
4.
covers __ per cent of homes and small businesses in the Service Area;
5.
is rolled out and made operational progressively, on a demand driven basis,
over ___ years from the date of execution of a contract between the REs
and the Vendor;
6.
promotes the long term economic and community interests of the RE and
end users; and
7.
facilitates opportunities for small and medium enterprises (SMEs) and local
enterprises to provide services [to the Network] [to the community].
1.4 Assets, Facilities, Services to be Contributed by REs
[Note to REs: Gig.U recognizes that the assets, facilities and services to be contributed
by REs will vary not only depending on the chosen model, but also within models.
Therefore, in this section, we provide a variety of options. These policy options are not
tied to a particular service model, and REs may use many or only a few, depending on
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their specific regulatory and policy situation. In cases where the RE is not a community
or legal entity (i.e. it is a University or other network) with certain assets under its
control, these assets and facilities will necessarily be different. Additional options are
highlighted in yellow.]
RE will provide Vendor with access to the assets, services and infrastructure of RE
identified in Sections 1.4.1-1.5._ below, to the extent they are available and are
needed for deployment of the Network. Infrastructure may include, but will not be
limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities,
central office or switch locations, available land, and other assets and services
identified below.
[There shall be no charges for access to or use of any RE assets, services or
facilities to be provided for this Network, nor will any permit and inspection fees
be imposed by RE, except as set forth in Schedule 1.4.]
[RE will use its best efforts to make such assets, services and facilities available to
Vendor upon request, on commercially reasonable terms. The existing charges for
access to or use of any RE facilities to be provided for this Network, and any
permit and inspection fees be imposed by RE, are as set forth in Schedule 1.4.]
In certain cases identified in the appropriate Schedule, access to fiber, conduit, rights of
way or other assets identified may be conditioned on or require approval from lessors
or other third parties. In such situations, the RE will work with the Vendor to attempt to
obtain any necessary approvals, but it cannot guarantee their receipt.
1.4.1 Fiber
RE will provide Vendor with access to the existing optical fibers owned or leased by the
RE and identified in Schedule 1.4.1. The RE [is] [is not] willing to provide access to this
fiber under an Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to
provide access on a reduced fee or no charge basis.
1.4.2 Conduit
RE will provide Vendor with access to the existing conduit owned or leased by the RE
and identified in Schedule 1.4.2. The process for accessing the conduit is set forth in
Schedule 1.4.2. The RE [is] [is not] willing to provide access to existing conduit under an
Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to waive the
charge for conduit access.
RE will also cooperate with Vendor in its efforts to obtain expedited access to conduit
owned or controlled by third parties within the Service Area, including [identify specific
government agencies and utilities, together with contact persons, as appropriate].
1.4.3 Existing Networks
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In addition to the fibers identified in Section 1.4.1, RE [owns and] operates within the
Service Area communications networks identified in Schedule 1.4.3. The RE also in the
process of [describe any public networks that are planned and their location within the
Service Area.] The RE is willing to negotiate with the Vendor to provide access to [all or
part of] such networks.
1.4.4 Rights of Way
Construction and the installation of equipment in RE rights of way will be subject to a
standard master permit be issued by RE [in the form attached hereto in Schedule 1.4.4].
Subject to existing rights-of way and easements, RE will allow Vendor to have access to
necessary rights-of-way on property owned by RE and property on which it has an
easement. Such access will be provided during regular business hours for nonemergency work and 24x7 for emergency work. This access includes permission to
perform construction work on RE property, including construction in the streets as
needed for the Network. The RE estimates that it takes ___ days to complete all steps
from application to approval of a permit, and it is willing to work with Vendor to
expedite that process.
RE will also cooperate with Vendor in efforts to allow Vendor to gain access to rightsof-way owned or controlled by third parties within the Service Area, including [identify
specific utilities, together with contact persons, if appropriate].
1.4.5 Pole Attachment Rights
[RE does not operate a municipal electric utility or own poles in the Service Area.]
[RE operates a municipal electric utility and owns approximately ____ poles in the
Service Area. The installation of equipment on RE poles will be subject to a standard
permit be issued by RE[, in the form attached hereto as part of Schedule 1.4.5]. The
process for accessing RE poles is set forth in Schedule [1.4.5] and the annual RE pole
attachment fee is $_____ [per pole]. There [is][not] an annual inspection fee of $____
[per pole]. RE is [not] willing to consider reducing or foregoing [some] [all] of these
fees as a contribution to the Network.]
RE will cooperate with and assist Vendor in its efforts to gain access to poles owned or
controlled by third parties within the Service Area, including [identify specific utilities,
cable MSOs and telecom carriers, together with contact persons, if appropriate].
1.4.6 Space and power
RE will make space available to Vendor in RE facilities for the installation of central
office ("CO") equipment and for additional network facilities, in locations to be
determined as part of the network design. In addition, RE will provide electrical
power necessary for Vendor's equipment at RE locations. [RE will not charge
Vendor for such space, power or related services except as set forth in Schedule
1.4.6].
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1.4.7 RE Contracts for Services and Assistance in Identifying and Generating
Institutional and Enterprise Demand
The REs [intend to make] [are willing to negotiate] long-term individual commitments to
purchase network services needed for RE operations (e.g., transmission capacity,
Internet access, voice, video, security monitoring, cloud computing and storage) through
the Network.
[Note to REs: make the commitment as concrete as possible, e.g., by identifying
existing RE spending for network services that could be shifted to the new network
and the likely or guaranteed spend/purchase levels for each RE over defined periods.]
RE will provide Vendor with assistance in identifying [and contacting] other entities in
the Service Area that are candidates to enter into long term contracts (2 years or more)
for fiber or network services. Such potential anchor tenants include other educational
institutions, large employers and other enterprises. [An initial list of such entities and
contact information for key personnel is attached as Schedule 1.4.7.]
1.4.8 Retail Marketing Assistance
The RE will assist Vendor’s pre-construction efforts to market to and obtain
commitments for Network services (primarily Internet access) from households and
small businesses in the Service Area. RE will provide Vendor with access to [voter lists,
email addresses, etc.] and will distribute via [campus wide] [community] [other] email
systems information about Vendor’s proposed Network offerings and how potential
retail customers can make the desired commitments. In addition, the RE will provide
assistance in identifying student housing and private Multi Dwelling Units (MDUs) within
the Service Area. [An initial list of such entities and contact information for key
personnel is attached as Schedule 1.4.8]
1.4.9 Other Assets, Facilities, Services
The RE will provide Vendor with access to other assets and services that are owned or
controlled by the RE, and that will assist Vendor in lowering the overall risk by reducing
the cost structure and shortening the design and construction schedule. These include:
● [[Low or no cost] access to GIS data, street maps, maps of terrain, GPS
coordinates and locating services.
● Access to other communications networks through existing peering and traffic
exchange agreements]
1.5 Regulatory and Other Forms of Assistance to be provided by REs
RE will provide Vendor with access to:
● Assistance from RE FTE employees for planning, network mgmt., etc.
● A single point of contact ("SPOC") for Vendor, which SPOC will be responsible for
addressing all issues related to the Network, providing coordination across RE
departments, ensuring the full cooperation of all RE departments with respect to
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relevant issues on the Network and serving as a communications and
troubleshooting resource for Vendor.
1.5.1 Expedited Permitting
RE will provide Vendor with quick, diligent review of all applications for permits,
including permits necessary for construction work on the Network within RE rights-ofway and in connection with RE assets or infrastructure. This includes a commitment to
review and respond to any subsequent modifications or similar documents that may
require approval by REs within ____ (__) working days of submission by Vendor.
1.5.2 Expedited Inspection
RE will provide Vendor with a dedicated inspection team for inspection of all
work performed on the Network.
1.5.3 Other
RE will provide Vendor with information about existing funds, grants and contracts that
can be redirected to this program. RE will also apply for or provide assistance in
applying for available grants or loans to defray Network expenses, such those for local
economic development.
1.6 Relationship between Vendor and REs
The Vendor will be an independent contractor that provides all design, construction
and operation services for the Network.
1.6.1 Ownership of Network
The REs will not have any ownership stake in the entity that owns and operates the
Network.
2. Services Sought
2.1 Description of Services Sought
The REs seek a Vendor to design, build, install, own, operate and manage a complete
turnkey high-speed communications Network within the Service Area. The system shall
be a fully operational high-speed communications network using Internet protocol
technology and allowing users access to and from the Internet and access to other
services as required. The RFP does not require a specific technology, but the REs expect
that most potential vendors will propose Fiber-to-the-home Active E, GPON and/or
WDM/PON technologies to provide gigabit service to households, businesses and
institutions throughout the Service Area. This system must include all active and passive
infrastructure, including fiber cabling, active repeater equipment, uninterruptible power
supplies, network cross-connections, software, ancillary equipment, and ongoing main
tenancy.
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Services rendered must include complete system design, engineering, operation,
monitoring, maintenance, and enhancement, as well as negotiation and execution of
access agreements with retail services providers. The Network rollout will be based
upon demonstrated demand by community residents and businesses, and the
availability of necessary infrastructure. The Vendor will be required to develop and
provide retail services , including at a minimum those identified in Section 2.2. below.
The Vendor may, but is not required to, provide wholesale access to the Network to
other retail services providers.
The Vendor shall have the right to determine the terms and conditions for such
wholesale access.
2.2 Scope of work
Vendor shall design, build, install, own, operate and manage the Network. The Network
shall have the following features and functionality.
[Network Requirements
Vendor’s response shall identify the specific network characteristics it plans for
o Minimum capacity (in terms of number of fibers and/or bandwidth
capacity) for (i) the backbone or metropolitan area ring, (ii) residential
users, (iii) enterprises/institutional users, (iv) government
institutions/public safety users
o Any other network-wide characteristics desired.]
Services on Wholesale Open Network
 Development and implementation of open access structure for wholesale and
retail service delivery and competition
 Bandwidth and technology gateway with caching for access to cloud based triple
play and over-the-top (OTT) services (online delivery of video and audio content)
 Wholesale billing and settlement services
 Wholesale Internet access service
 Physical and logical layer network service access
 Dedicated wave/VLAN services
 Secure IP intranet services
Public Safety Services
● Dedicated public safety service network
● Secure public safety access
● Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on
other public structures)
Retail/Local Services on Integrated Open Network
● Internet access service – residential and business class
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●
●
●
●
●
●
●
SIP trunking and customized Internet service plans for enterprises and institutions
Hosted VoIP solutions for small business and residential customers
Multi-channel video service
On-demand content delivery
Customized local content
Video conferencing
Hyper-local open technology gateway for local access to cloud based community
application and OTT services
● Support for community innovation research and development efforts
Community Services on Network
● Cooperation on development and implementation of a “Smart Grid” program for
stakeholders and customers (e.g. digital technology that allows for two-way
communication between the utility and its customers and the sensing along
transmission lines
● Community public service video channels
● Dedicated community health services network
● Health information exchange with secure media access
● Patient center managed telemedicine services
o Secure portal
o EMR data extraction from EMR systems (e.g., EPIC, Cerner, etc.)
o Institutional/physician/clinic/home based access
o Community health kiosks
o Managed home health service portfolio
o Physician-patient secure video network access
● Support for a local application developer community
● Access to cloud-based development environment
● Access to content distribution network (CDN) development and distribution
channels
2.3 Response to Scope of Work
Each potential vendor shall submit a business and technical plan describing its approach
to the project described in this RFP. The business plan shall describe the Vendor’s
approach to design, construction, operation and management of the Network and the
services to be provided over the Network in sufficient detail to allow the RE to
effectively consider the proposal. The Vendor shall also include a description of the dayto-day operations and the management of all responsibilities related to the project and
explain how the Vendor will fulfill the scope of work in Section 2.2. This should include,
at a minimum, the following:
●
Technology: A description of the network technologies underlying the proposed
network solution(s) included in the response. Each description should include
the following information:
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○
○
○
Technologies proposed and the limitations of each technology, and if a
variety of technologies are contemplated, a discussion of the factors
likely to influence the choice of technologies;
As much detail as possible regarding the network design including, but
not limited to: network design criteria, network elements, architecture,
protocols, system reliability, availability, and operations and
maintenance; and
Network performance characteristics, including the range of offerings,
the capacity and other factors relevant for each proposed solution.
●
Service offerings: A description of proposed wholesale or retail service offerings
that the Vendor anticipates offering to institutional, business and residential
customers.
○ Broadband service offerings (type of broadband service, speed tiers,
differences between business and residential offerings)
○ Ancillary service offerings (including those identified in Section 2.2) that
may be provided by the Vendor
○ Pricing strategy
○ Explanation of Vendor’s willingness to work with the RE to develop
unique pricing or packages for key community stakeholders and
populations (e.g., government, university facilities, K-12 facilities,
economically distressed areas)
●
Rollout strategy: A discussion of the anticipated deployment strategy, scope and
timing of the proposed rollout. The discussion should identify the levels of
committed demand necessary to trigger rollout obligations and any factors likely
to influence the scope or timing of the rollout, and explain how those factors
impact the strategy.
●
Roles and Responsibilities: A description of the roles and responsibilities
envisioned for Vendor, Vendor team members (if any), REs, and third parties (if
applicable) for each of the following:
○ Network design
○ Network construction
○ Network operations and management
○ Community outreach and customer acquisition
○ [other]
●
Financial Projections: The business plan should include a pro forma financial
statement, identifying projected capital outlays, ongoing operational costs, and
expected revenues from wholesale and retail services for at least the first [five]
[ten] years of construction and operation. The plan should identify and quantify
all key assumptions underlying the calculations.
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2.1.1 Breakdown of Project Tasks and Components
[TBD]
2.2 Breakdown of Biddable Components
[TBD if bidders can bid on less than entire project]
2.3 Project Schedule
[TBD]
●
●
●
●
2.4 Vendor Qualifications
Experience in high speed network design and operation – Vendor should provide
a statement of experience highlighting [at least X] similar network systems that it
has designed, constructed and operated, including project name, location, size,
technology used, and name and phone number for reference contacts. Also
indicate whether each system is owned by the Vendor or another entity.
Financial Stability – Vendor shall submit its two most recent annual financial
statements in order to permit analysis of its financial resources. If financial
statements are unavailable due to confidentiality reasons, submit recent D&B
reports. If Vendor is part of a team, the two most recent annual financial
statements for each team member should be submitted. If the Vendor’s
response includes vendor financing or committed bank or other financing, the
two most recent annual financial statements of such equipment vendors and
financial institutions should be submitted. [In addition, each Vendor or team
shall provide a bond in the amount of $____________to guarantee satisfactory
completion of the project.]
Staff Technical and Managerial Experience – include a statement of experience
and resumes of the project team, including the project manager and other key
personnel who will be assigned to this project. Also include a list of any known
or anticipated subcontractors along with their roles and responsibilities.
Evidence of Legal Capacity – include copies of Vendor’s most recent federal and
[name of RE state] annual reports and current licenses to provide
telecom/communications services, together with a certification that all [state]
business and regulatory registrations/filings/taxes are current, and all internal
corporate documents are kept and up to date (e.g. meeting minutes, bylaws,
etc.).
3. Administrative Issues
3.1 Availability of the RFP and Amendments
Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the
project website at: http://www.____________.org. Amendments to the RFP will be
posted on the project website at: http://________.org. Any amendments supersede
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prior provisions and are effective upon posting on the project website, and each
potential bidder is responsible for checking the website to learn of any amendments.
3.2 Questions about the RFP
The primary RFP contact for the RE project team is: _________.
All general correspondence and any questions about this RFP must be submitted in
writing to [him] [her] ____@_________.org. The RE project team will not entertain any
oral contacts regarding this RFP. The last date for questions will be 5:00 pm Eastern
Time on _____________________. All questions will be considered to be public and
released with an answer at https://www. .org/questions as expeditiously as possible.
The identity of the person posing the question will not be disclosed.
Vendors should not contact any RE directly. Any attempts to contact RE staff regarding
this RFP other than via this email process may be grounds for the RE to reject your
submission.
3.3 Additional Material
Vendors are encouraged to review the following material prior to submitting their
proposals.


Application Fact Sheet
[Other] [E.g., applicable statutes, regulations, BTOP grants, etc.]
3.4 Informational Session
There will be an informational session for potential Vendors on ___________ from __
to ___ at ________________. [Describe scope of issues to be addressed at the session.]
3.5 Proposal Format and Certification
Proposals should be organized in the same sequence as Part 2 of this RFP with
responses referencing the appropriate corresponding RFP item(s). Vendors should
respond to each item at the level of detail at which each is presented or list a variance
with a particular item and propose alternate terms and, as applicable, and supply any
supportive detail. Proposals not conforming to the proper format or failure to respond
to any required items may result in a Vendor’s disqualification and/or rejection of the
proposal. Where the Vendor is requested to supply information, include that
information in the body of the proposal, or reference the attachment where it is
included.
A duly authorized officer or agent of the Vendor must sign the proposal. Proposals that
are not signed will not be considered. In the case where multiple vendors team to
present a proposal, a signature by a duly authorized officer or agent of each entity is
required on the proposal, though one entity should be designated the lead entity in the
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proposal. The lead entity will be the contracting Vendor and will be responsible for
subcontracting with its partners.
3.6 Project Calendar
Anticipated Event Dates
 RFP Advertised and issued:
 Proposals Due:
 Proposal Evaluation Completed by:
 Interviews with finalist firms no later than:
 Award and Letter of Intent for Contract no later than:
 Selected firm begins work no later than:
 Contract finalized no later than:
 First progress report due:
3.7 Proposal Due Date and Submission
Proposals are due by 5 p.m. local time on_____________. Proposals received after the
deadline will not be considered. Proposals must be submitted electronically [or via
priority or certified mail. Two (2) hard copies and one (1) complete electronic version
are required for any proposal submitted in hard copy format]. Faxed proposals will not
be accepted. Vendors assume the risk of the methods of dispatch or delivery chosen.
Office hours for receipt of mailed or expressed proposals are: Monday through Friday,
8:00 am - 5:00 pm (EDT).
Electronic proposals must be submitted by email to ___________.org or through
____________ or other similar large file sharing service. All electronic files must be
submitted in editable format in order to facilitate evaluation and planning. Word, Excel,
GIS and PDF formats are acceptable.
3.8 Process and Criteria for Evaluation of Proposals
Proposals will be opened and reviewed internally at the convenience of the RE. All
proposals will be evaluated and, at RE discretion, an award made to the Vendor who
demonstrates the best ability to meet the overall goals of the project, with particular
emphasis on the ability to fulfill the scope of work in the most timely and efficient
manner. The RE team will initially assess the qualifications of each Vendor submitting a
proposal and rank the proposal according to the following point system:
[Note to REs: We have not provided a suggested weighting of factors in this draft, as
that is a subject judgment that will vary greatly from community to community.]
Qualifications Evaluation Criteria
Quality of response
Upfront investment by vendor
Experience of project team
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References
Vendor experience
Financial strength of Vendor
Feasibility of Vendor financial proposal
[Other qualifications criteria]
Total Possible Points:
100
Other Project Evaluation Criteria
In addition to the qualification criteria, the RE will examine the extent to which each
proposal meets the criteria below, which are not listed in order of importance. The RE
will then undertake a comparative assessment of all proposals in order to make a
decision as to which proposal(s) should be selected [for further analysis and
negotiation]. ____________, following consultation with _______, will be the final
decision maker. Within the framework of an overarching value-for-money assessment,
the evaluation criteria against which proposals will be assessed are:
1.
2.
3.
4.
5.
the extent to which the proposal meets the RE’s objectives for the Network
(as set out in Section 2.__) (including, but not limited to, build out
requirements/selection of neighborhoods, the level of pre-construction
demand commitment required to trigger build out for specific areas, and
the proposed price point if demand levels are met);
the capability of the Vendor to design, construct, finance, maintain, upgrade
and operate the Network;
the nature, scope and impact of any local community legislative and/or
regulatory changes that are necessary to facilitate the proposal;
the cost to the RE of the proposal;
the acceptability of the contract terms and conditions proposed by the
Vendor and the extent to which the proposal departs from the RFP and from
the RE’s proposed commercial terms (if any).
[Once the comparative assessment of the proposals is complete, the RE will select the
[two] highest-ranked for further negotiations. It will select one at the completion of
such negotiations.]
3.9 Clarification of Proposals
Notwithstanding any other provision of this RFP, RE reserves the right to:
1. Conduct discussions with any or all potential vendors for the purpose of
clarification of proposals;
2. Waive, or decline to waive, any defect in any proposal;
3. Accept, reject, or negotiate any or all proposals or the terms of any proposal,
or any parts thereof, for the purpose of obtaining the best and final offer;
4. Cancel or amend this RFP or issue other requests for proposals;
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5. Select a Vendor or Vendors based on its analysis and evaluation of proposals
submitted and request presentations on proposals if it believes further
information is appropriate to the decision-making process;
6. Select no proposals at all; or
7. Use any and all concepts presented in any proposal to obtain the most
beneficial and effective path to achieving its desired goals for the project.
3.10 Negotiation and Execution of Contracts
[Note to REs: We have not attempted to develop a template contract. Communities
may wish to do so in order to control the drafting and negotiating process. The
negotiated contract will include a requirement for the Vendor to provide a bond (or
other form of financial assurance) in order to ensure that the RE does not have to
assume unanticipated costs of finishing the project. The purpose is to prevent the
Vendor from “walking off the job.”]
The selected Vendor agrees to execute [a contract consistent with the terms of this
RFP] [the contract provided in conjunction with this RFP] as modified for the proposal
specifics within _______________ of the award. If the parties are not able to reach
agreement and execute a contract within ______ (__) days of the award, the RE may
declare the award void and may select another Vendor or issue a new RFP.
3.11 Commencement of Work
The submission of a proposal in response to the RFP, and the subsequent evaluation of
that response by the RE, does not constitute a contract or any type of agreement
between the RE and any Vendor for the commencement of work or the performance of
any obligation. Only a written contract with the RE will authorize the commencement of
work or obligate the RE on this project.
3.12 Use of Subcontractors
Vendors may use subcontractors to fulfill any obligations in connection with the project.
Use of subcontractors shall be subject to all applicable state and federal laws. A Vendor
shall remain liable for fulfilling all its obligations on the project, and for any claims or
damages arising from the subcontractor’s work.
[Note to REs: The contract negotiated with the Vendor will contain standard
provisions for the Vendor to indemnify the RE for costs incurred in any litigation
brought by a subcontractor.]
3.13 Miscellaneous Provisions
3.13.1 Proposal Costs
Responding vendors are responsible for all expenses they incur in preparing and
submitting a proposal or in contract negotiations with the RE. Even if it elects to reject
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all proposals, the RE will not be liable for any costs or damages incurred by any vendor
in preparing and submitting a proposal.
3.13.2 Applicable Statutes
The RE is [or some members of the RE are] a public entity. As a result, this RFP is subject
to a variety of public procurement requirements, including but not limited to federal
and state records disclosure statutes referenced above and the following: [RE to
select/expand the list and provide specific statutory references]
 Small Business obligations
 Local Business obligations
 Minority Business obligations
 Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
 Economic Development Zone Small Businesses
 Woman-Owned Small Businesses (WOSBs)
 Union/Non-union labor use
 [Other state/county/municipal requirements]
3.13.3 Errors and Omissions in a Proposal
The responding vendor is responsible for all errors and omissions in its proposal. If it
discovers an error and wishes to withdraw its proposal, the responding vendor should
notify the RE immediately. [Depending on the stage of the process, the vendor may be
liable for costs incurred by the RE in analyzing the proposal or negotiating a contract.]
3.13.4 Errors and Omissions in the RFP
If the RE becomes aware of an error or omission in the RFP, it will post a notice on the
website. If it discovers and error or omission after the proposals are submitted, it may
in its discretion proceed or reissue the RFP. Even if it elects to rebid the RFP, the RE will
not be liable for any costs or damages incurred by any vendor in preparing and
submitting the original proposal.
3.13.5 Objections to RFP Terms
Any objections to RFP terms must be conveyed in writing to [the address for RFP
questions] and must be submitted by the deadline for submission of questions about
the RFP in Section 3.2 above.
3.13.6 Acceptance of RFP/Proposal Content
By submitting a proposal, a Vendor certifies that it has read, understood, and agreed to
all requirements, terms, and conditions in this RFP, including any and all attachments,
exhibits, and appendices. A Vendor may withdraw its proposal prior to the RFP
response deadline.
3.13.7 No Waiver of RFP Provisions
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The RE may, but is under no obligation to, waive any provision in this RFP at the request
of a potential Vendor. Any such waiver shall apply to all potential bidders, and no
waiver shall constitute a waiver of any provision not specifically referenced therein.
3.13.8 Ownership and Confidentiality of Proposals
The RE will not pay for any information requested herein, and all proposals submitted
become the property of the RE. Proposals will not be returned and may be subject to
disclosure pursuant to the federal Freedom of Information Act and/or the [state] Public
Records Act. Pricing and other information that is an integral part of the proposal
cannot be considered confidential after an award has been made. The RE may receive
information that may be confidential as part of your response. If you believe that any
portion of your proposal includes proprietary or other confidential information, please
clearly mark it as such and state the basis for your claim to confidential treatment.
Unless otherwise required by law, RE will treat the information as confidential and will
not disclose it to a third party without your permission. However, pricing and other
information that is an integral part of the proposal will likely not be considered
confidential after an award has been made.
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PPP Open
PPP Open Model
There are several models of public-private partnerships (PPP) for broadband network
ownership that may interest communities looking to accelerate the deployment of next
generation networks and services. The form and functions of PPPs are limited only by
the imagination and legal framework in which the municipality operates. Some
communities may issue bonds to fund construction of a network, which they lease to
private carriers, with the lease payments covering the debt service. Others create
nonprofit organizations to develop networks in collaboration with private carriers or
provide seed investment to jumpstart construction of networks that the private sector is
unable to cost-justify on its own. The following 2 models (P3 Open and P3 Not Open)
assume no direct ownership or operation by a public entity, distinguishing these models
from the SS(i) and SS(ii) models.
This RFP Framework is for a network that will have a hybrid ownership structure—a
public-private partnership that combines both public and private resources and
expertise. This model assumes the network will offer wholesale services on a nondiscriminatory, open access basis. The RFP seeks services for a Construction, Operation
and Maintenance Agreement, with Open Wholesale Services required. The contract
allows for the chosen Vendor to offer some vertical services as well. Each of these
functions could potentially be performed by different entities. For an example of this
network, see the Open Cape network in Massachusetts.
1. Introduction
1.1 Network Background
The Requesting Entity[ies] (REs) are requesting proposals from Vendors to build,
manage and operate an open access next generation communications network
(“Network”) that will provide next generation Internet access service to businesses,
homes, and community institutions within the Service Area. A baseline of 1 Gbps
symmetric service will serve as the definition of “next generation” service for this RFP.
The REs will provide a variety of forms of support, including (but not necessarily limited
to): (i) streamlining access to infrastructure, rights-of-way and inspections; (ii) assistance
in demand aggregation; (iii) long-term contracts and support for development of high
bandwidth applications to drive adoption; (iv) marketing assistance (including working
directly with Vendors, local business leaders and community leaders to increase the
revenue opportunities and lower the costs associated with constructing and operating
the Network); (v) revising local rules, regulations or requirements to decrease the cost
to deploy or operate the Network; and (vi) collaboration with local research and
education networks.
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By open access, the REs mean that the Network facilitates competition through
reasonable and non-discriminatory access arrangements that (i) ensure equivalence of
price and non-price terms and conditions for all retail services providers and (ii) permit
such providers to differentiate their product offerings. In addition, the Vendor must not
limit the ability of retail service providers or their customers to run applications, use
services and connect devices of their choice to the Network. The selected Vendor will
operate the Network on a wholesale basis, and it may, but need not, provide vertically
integrated retail services. However, if it chooses to do so, it will have to implement the
open access requirement to ensure that retail services competitors will be given
treatment equal to that it provides to itself.
The Vendor will bear all of the costs for the Network, including but not limited to
design, engineering, construction, equipment and insurance for the Network, up to the
end user drop point or network interface device. In addition, the Vendor will bear all
the operating and maintenance costs of the Network. In addition, Vendor should
demonstrate a clear upgrade path for the Network to meet future consumer demand
and service developments to at least 2016 and preferably beyond.
The REs will not charge Vendor for access to REs's assets and infrastructure except as
set forth herein. The REs will provide [no] [only very limited] funds for the
construction, maintenance and operation of the network. The REs’ specific
contributions are set forth in Part 1.4-1._ of this RFP.
The REs intend the Network to serve as a development platform for innovation, next
generation application development, workforce development and job creation
throughout the Service Area.
1.2 Nature of Entities Issuing RFP
This RFP is issued by the Requesting Entity[ies] (“RE”). [Describe REs: e.g.: _________ is
a nonprofit organization established in ____ to help improve access to
_________________. It is governed by a board of directors representing government,
partner universities, foundations, and others. ]
1.3 Overview
[Note to REs: Keep in mind that this is a template. We have included the references in
Subsections 1.4 and 1.9 to 'small business' and 'small to medium enterprises' as
illustrative of factors that are often of concern to communities or are required by state
law to be factors taken into account in public procurements. These terms will be
defined by the communities or the governing regulations.]
This RFP seeks proposals for the deployment and operation by Vendor of a high-speed
fiber network for the citizens and businesses in the Service Area. The objectives are to
establish a Network that:
1. is able to offer retail broadband services with a guaranteed sustained
minimum 1 Gbps dedicated symmetrical transmission speed over each
connection provided to a premises;
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2.
3.
4.
5.
6.
7.
8.
9.
is able to support high quality voice, data and video services;
uses fiber-to-the-premises network architecture;
covers __ per cent of homes and small businesses in the Service Area;
is rolled out and made operational progressively, on a demand driven basis,
over ___ years from the date of execution of a contract between the REs
and the Vendor;
promotes the long term economic and community interests of the RE and
end users;
facilitates competition through open access arrangements;
enables low wholesale access prices that reflect underlying costs while
allowing Vendor to earn a rate of return on its investment commensurate
with the risks involved; and
facilitates opportunities for small and medium enterprises (SMEs) and local
enterprises to provide services [to the Network] [to the community].
1.4 Assets, Facilities, Services to be Contributed by REs
[Note to REs: Gig.U recognizes that the assets, facilities and services to be contributed
by REs will vary not only depending on the chosen model, but also within models.
Therefore, in this section, we provide a variety of options. These policy options are not
tied to a particular service model, and REs may use many or only a few, depending on
their specific regulatory and policy situation. In cases where the RE is not a community
or legal entity (i.e. it is a University or other network) with certain assets under its
control, these assets and facilities will necessarily be different. Additional options are
highlighted in yellow.]
RE will provide Vendor with access to the assets, services and infrastructure of RE
identified in Sections 1.4.1-1.5._ below, to the extent they are available and are
needed for deployment of the Network. Infrastructure may include, but will not be
limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities,
central office or switch locations, available land, and other assets and services
identified below.
[There shall be no charges for access to or use of any RE assets, services or
facilities to be provided for this Network, nor will any permit and inspection fees
be imposed by RE, except as set forth in Schedule 1.4.]
[RE will use its best efforts to make such assets, services and facilities available to
Vendor upon request, on commercially reasonable terms. The existing charges for
access to or use of any RE facilities to be provided for this Network, and any
permit and inspection fees be imposed by RE, are as set forth in Schedule 1.4.]
In certain cases identified in the appropriate Schedule, access to fiber, conduit, rights of
way or other assets identified may be conditioned on or require approval from lessors
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or other third parties. In such situations, the RE will work with the Vendor to attempt to
obtain any necessary approvals, but it cannot guarantee their receipt.
1.4.1 Fiber
RE will provide Vendor with access to the existing optical fibers owned or leased by the
RE and identified in Schedule 1.4.1. The RE [is] [is not] willing to provide access to this
fiber under an Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to
provide access on a reduced fee or no charge basis.
1.4.2 Conduit
RE will provide Vendor with access to the existing conduit owned or leased by the RE
and identified in Schedule 1.4.2. The process for accessing the conduit is set forth in
Schedule 1.4.2. The RE [is] [is not] willing to provide access to existing conduit under an
Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to waive the
charge for conduit access.
RE will also cooperate with Vendor in its efforts to obtain expedited access to conduit
owned or controlled by third parties within the Service Area, including [identify specific
government agencies and utilities, together with contact persons, as appropriate].
1.4.3 Existing Networks
In addition to the fibers identified in Section 1.4.1, RE [owns and] operates within the
Service Area communications networks identified in Schedule 1.4.3. The RE also in the
process of [describe any public networks that are planned and their location within the
Service Area.] The RE is willing to negotiate with the Vendor to provide access to [all or
part of] such networks.
1.4.4 Rights of Way
Construction and the installation of equipment in RE rights of way will be subject to a
standard master permit be issued by RE [in the form attached hereto in Schedule 1.4.4].
Subject to existing rights-of way and easements, RE will allow Vendor to have access to
necessary rights-of-way on property owned by RE and property on which it has an
easement. Such access will be provided during regular business hours for nonemergency work and 24x7 for emergency work. This access includes permission to
perform construction work on RE property, including construction in the streets as
needed for the Network. The RE estimates that it takes ___ days to complete all steps
from application to approval of a permit, and it is willing to work with Vendor to
expedite that process.
RE will also cooperate with Vendor in efforts to allow Vendor to gain access to rightsof-way owned or controlled by third parties within the Service Area, including [identify
specific utilities, together with contact persons, if appropriate].
1.4.5 Pole Attachment Rights
[RE does not operate a municipal electric utility or own poles in the Service Area.]
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[RE operates a municipal electric utility and owns approximately ____ poles in the
Service Area. The installation of equipment on RE poles will be subject to a standard
permit be issued by RE[, in the form attached hereto as part of Schedule 1.4.5]. The
process for accessing RE poles is set forth in Schedule [1.4.5] and the annual RE pole
attachment fee is $_____ [per pole]. There [is][not] an annual inspection fee of $____
[per pole]. RE is [not] willing to consider reducing or foregoing [some] [all] of these
fees as a contribution to the Network.]
RE will cooperate with and assist Vendor in its efforts to gain access to poles owned or
controlled by third parties within the Service Area, including [identify specific utilities,
cable MSOs and telecom carriers, together with contact persons, if appropriate].
1.4.6 Space and power
RE will make space available to Vendor in RE facilities for the installation of central
office ("CO") equipment and for additional network facilities, in locations to be
determined as part of the network design. In addition, RE will provide electrical
power necessary for Vendor's equipment at RE locations. [RE will not charge
Vendor for such space, power or related services except as set forth in Schedule
1.4.6].
1.4.7 RE Contracts for Services and Assistance in Identifying and Generating
Institutional and Enterprise Demand
The REs [intend to make] [are willing to negotiate] long-term individual commitments to
purchase network services needed for RE operations (e.g., transmission capacity,
Internet access, voice, video, security monitoring, cloud computing and storage) through
the Network.
[Note to REs: make the commitment as concrete as possible, e.g., by identifying
existing RE spending for network services that could be shifted to the new network
and the likely or guaranteed spend/purchase levels for each RE over defined periods.]
RE will provide Vendor with assistance in identifying [and contacting] other entities in
the Service Area that are candidates to enter into long term contracts (2 years or more)
for fiber or network services. Such potential anchor tenants include other educational
institutions, large employers and other enterprises. [An initial list of such entities and
contact information for key personnel is attached as Schedule 1.4.7.]
1.4.8 Retail Marketing Assistance
The RE will assist Vendor’s pre-construction efforts to market to and obtain
commitments for Network services (primarily Internet access) from households and
small businesses in the Service Area. RE will provide Vendor with access to [voter lists,
email addresses, etc.] and will distribute via [campus wide] [community] [other] email
systems information about Vendor’s proposed Network offerings and how potential
retail customers can make the desired commitments. In addition, the RE will provide
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assistance in identifying student housing and private Multi Dwelling Units (MDUs) within
the Service Area. [An initial list of such entities and contact information for key
personnel is attached as Schedule 1.4.8]
1.4.9 Other Assets, Facilities, Services
The RE will provide Vendor with access to other assets and services that are owned or
controlled by the RE, and that will assist Vendor in lowering the overall risk by reducing
the cost structure and shortening the design and construction schedule. These include:
● [[Low or no cost] access to GIS data, street maps, maps of terrain, GPS
coordinates and locating services.
● Access to other communications networks through existing peering and traffic
exchange agreements]
1.5 Regulatory and Other Forms of Assistance to be provided by REs
RE will provide Vendor with access to:
● Assistance from RE FTE employees for planning, network mgmt., etc.
● A single point of contact ("SPOC") for Vendor, which SPOC will be responsible for
addressing all issues related to the Network, providing coordination across RE
departments, ensuring the full cooperation of all RE departments with respect to
relevant issues on the Network and serving as a communications and
troubleshooting resource for Vendor.
1.5.1 Expedited Permitting
RE will provide Vendor with quick, diligent review of all applications for permits,
including permits necessary for construction work on the Network within RE rights-ofway and in connection with RE assets or infrastructure. This includes a commitment to
review and respond to any subsequent modifications or similar documents that may
require approval by REs within ____ (__) working days of submission by Vendor.
1.5.2 Expedited Inspection
RE will provide Vendor with a dedicated inspection team for inspection of all
work performed on the Network.
1.5.3 Other
RE will provide Vendor with information about existing funds, grants and contracts that
can be redirected to this program. RE will also apply for or provide assistance in
applying for available grants or loans to defray Network expenses, such those for local
economic development.
1.6 Relationship between Vendor and REs
The Vendor will be an independent contractor that provides all design, construction
and operation services for the Network.
1.6.1 Ownership of Network
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The Network will be structured as a public-private partnership that combines both
public and private resources and expertise and has a hybrid ownership structure.
The REs [will] [will not] have an investment stake in the entity that owns and operates
the Network. The form and percentage of ownership will be subject to negotiation.
This investment may take the form of either debt or equity.
2. Services Sought
2.1 Description of Services Sought
The REs seek a Vendor to design, build, install, own, operate and manage a complete
turnkey high-speed communications Network within the Service Area. The system shall
be a fully operational high-speed communications network using Internet protocol
technology and allowing users access to and from the Internet and access to other
services as required. The RFP does not require a specific technology, but the REs expect
that most potential vendors will propose Fiber-to-the-home Active E, GPON and/or
WDM/PON technologies to provide gigabit service to households, businesses and
institutions throughout the Service Area. This system must include all active and passive
infrastructure, including fiber cabling, active repeater equipment, uninterruptible power
supplies, network cross-connections, software, ancillary equipment, and ongoing main
tenancy.
Services rendered must include complete system design, engineering, operation,
monitoring, maintenance, and enhancement, as well as negotiation and execution of
access agreements with retail services providers. The Network rollout will be based
upon demonstrated demand by community residents and businesses, and the
availability of necessary infrastructure. The Network design and operation must provide
an open access framework that [maximizes] [enables] [supports] wholesale and retail
service delivery and competition.
2.2 Scope of work
Vendor shall design, build, install, own, operate and manage the Network. The Network
shall have the following features and functionality.
[Network Requirements
Vendor’s response shall identify the specific network characteristics it plans for
o Minimum capacity (in terms of number of fibers and/or bandwidth
capacity) for (i) the backbone or metropolitan area ring, (ii) residential
users, (iii) enterprises/institutional users, (iv) government
institutions/public safety users
o Any other network-wide characteristics desired.]
Services on Wholesale Open Network
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PPP Open







Development and implementation of open access structure for wholesale and
retail service delivery and competition
Bandwidth and technology gateway with caching for access to cloud based triple
play and over-the-top (OTT) services (online delivery of video and audio content)
Wholesale billing and settlement services
Wholesale Internet access service
Physical and logical layer network service access
Dedicated wave/VLAN services
Secure IP intranet services
Public Safety Services
● Dedicated public safety service network
● Secure public safety access
● Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on
other public structures)
2.3 Response to Scope of Work
Each potential vendor shall submit a business and technical plan describing its approach
to the project described in this RFP. The business plan shall describe the Vendor’s
approach to design, construction, operation and management of the Network and the
services to be provided over the Network in sufficient detail to allow the RE to
effectively consider the proposal. The Vendor shall also include a description of the dayto-day operations and the management of all responsibilities related to the project and
explain how the Vendor will fulfill the scope of work in Section 2.2. This should include,
at a minimum, the following:
●
Technology: A description of the network technologies underlying the proposed
network solution(s) included in the response. Each description should include
the following information:
○ Technologies proposed and the limitations of each technology, and if a
variety of technologies are contemplated, a discussion of the factors
likely to influence the choice of technologies;
○ As much detail as possible regarding the network design including, but
not limited to: network design criteria, network elements, architecture,
protocols, system reliability, availability, and operations and
maintenance; and
○ Network performance characteristics, including the range of offerings,
the capacity and other factors relevant for each proposed solution.
●
Service offerings: A description of proposed wholesale or retail service offerings
that the Vendor anticipates offering to institutional, business and residential
customers.
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○
○
○
○
Broadband service offerings (type of broadband service, speed tiers,
differences between business and residential offerings)
Ancillary service offerings (including those identified in Section 2.2) that
may be provided by the Vendor
Pricing strategy
Explanation of Vendor’s willingness to work with the RE to develop
unique pricing or packages for key community stakeholders and
populations (e.g., government, university facilities, K-12 facilities,
economically distressed areas)
●
Rollout strategy: A discussion of the anticipated deployment strategy, scope and
timing of the proposed rollout. The discussion should identify the levels of
committed demand necessary to trigger rollout obligations and any factors likely
to influence the scope or timing of the rollout, and explain how those factors
impact the strategy.
●
Roles and Responsibilities: A description of the roles and responsibilities
envisioned for Vendor, Vendor team members (if any), REs, and third parties (if
applicable) for each of the following:
○ Network design
○ Network construction
○ Network operations and management
○ Community outreach and customer acquisition
○ [other]
●
Financial Projections: The business plan should include a pro forma financial
statement, identifying projected capital outlays, ongoing operational costs, and
expected revenues from wholesale and retail services for at least the first [five]
[ten] years of construction and operation. The plan should identify and quantify
all key assumptions underlying the calculations.
2.1.1 Breakdown of Project Tasks and Components
[TBD]
2.2 Breakdown of Biddable Components
[TBD if bidders can bid on less than entire project]
2.3 Project Schedule
[TBD]
2.4 Vendor Qualifications
● Experience in high speed network design and operation – Vendor should provide
a statement of experience highlighting [at least X] similar network systems that it
has designed, constructed and operated, including project name, location, size,
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technology used, and name and phone number for reference contacts. Also
indicate whether each system is owned by the Vendor or another entity.
● Financial Stability – Vendor shall submit its two most recent annual financial
statements in order to permit analysis of its financial resources. If financial
statements are unavailable due to confidentiality reasons, submit recent D&B
reports. If Vendor is part of a team, the two most recent annual financial
statements for each team member should be submitted. If the Vendor’s
response includes vendor financing or committed bank or other financing, the
two most recent annual financial statements of such equipment vendors and
financial institutions should be submitted. [In addition, each Vendor or team
shall provide a bond in the amount of $____________to guarantee satisfactory
completion of the project.]
● Staff Technical and Managerial Experience – include a statement of experience
and resumes of the project team, including the project manager and other key
personnel who will be assigned to this project. Also include a list of any known
or anticipated subcontractors along with their roles and responsibilities.
● Evidence of Legal Capacity – include copies of Vendor’s most recent federal and
[name of RE state] annual reports and current licenses to provide
telecom/communications services, together with a certification that all [state]
business and regulatory registrations/filings/taxes are current, and all internal
corporate documents are kept and up to date (e.g. meeting minutes, bylaws,
etc.).
3. Administrative Issues
3.1 Availability of the RFP and Amendments
Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the
project website at: http://www.____________.org. Amendments to the RFP will be
posted on the project website at: http://________.org. Any amendments supersede
prior provisions and are effective upon posting on the project website, and each
potential bidder is responsible for checking the website to learn of any amendments.
3.2 Questions about the RFP
The primary RFP contact for the RE project team is: _________.
All general correspondence and any questions about this RFP must be submitted in
writing to [him] [her] ____@_________.org. The RE project team will not entertain any
oral contacts regarding this RFP. The last date for questions will be 5:00 pm Eastern
Time on _____________________. All questions will be considered to be public and
released with an answer at https://www. .org/questions as expeditiously as possible.
The identity of the person posing the question will not be disclosed.
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Vendors should not contact any RE directly. Any attempts to contact RE staff regarding
this RFP other than via this email process may be grounds for the RE to reject your
submission.
3.3 Additional Material
Vendors are encouraged to review the following material prior to submitting their
proposals.

Application Fact Sheet:

[Other] [E.g., applicable statutes, regulations, BTOP grants, etc.]
3.4 Informational Session
There will be an informational session for potential Vendors on ___________ from __
to ___ at ________________. [Describe scope of issues to be addressed at the session.]
3.5 Proposal Format and Certification
Proposals should be organized in the same sequence as Part 2 of this RFP with
responses referencing the appropriate corresponding RFP item(s). Vendors should
respond to each item at the level of detail at which each is presented or list a variance
with a particular item and propose alternate terms and, as applicable, and supply any
supportive detail. Proposals not conforming to the proper format or failure to respond
to any required items may result in a Vendor’s disqualification and/or rejection of the
proposal. Where the Vendor is requested to supply information, include that
information in the body of the proposal, or reference the attachment where it is
included.
A duly authorized officer or agent of the Vendor must sign the proposal. Proposals that
are not signed will not be considered. In the case where multiple vendors team to
present a proposal, a signature by a duly authorized officer or agent of each entity is
required on the proposal, though one entity should be designated the lead entity in the
proposal. The lead entity will be the contracting Vendor and will be responsible for
subcontracting with its partners.
3.6 Project Calendar
Anticipated Event Dates
 RFP Advertised and issued:
 Proposals Due:
 Proposal Evaluation Completed by:
 Interviews with finalist firms no later than:
 Award and Letter of Intent for Contract no later than:
 Selected firm begins work no later than:
 Contract finalized no later than:
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 First progress report due:
3.7 Proposal Due Date and Submission
Proposals are due by 5 p.m. local time on_____________. Proposals received after the
deadline will not be considered. Proposals must be submitted electronically [or via
priority or certified mail. Two (2) hard copies and one (1) complete electronic version
are required for any proposal submitted in hard copy format]. Faxed proposals will not
be accepted. Vendors assume the risk of the methods of dispatch or delivery chosen.
Office hours for receipt of mailed or expressed proposals are: Monday through Friday,
8:00 am - 5:00 pm (EDT).
Electronic proposals must be submitted by email to ___________.org or through
____________ or other similar large file sharing service. All electronic files must be
submitted in editable format in order to facilitate evaluation and planning. Word, Excel,
GIS and PDF formats are acceptable.
3.8 Process and Criteria for Evaluation of Proposals
Proposals will be opened and reviewed internally at the convenience of the RE. All
proposals will be evaluated and, at RE discretion, an award made to the Vendor who
demonstrates the best ability to meet the overall goals of the project, with particular
emphasis on the ability to fulfill the scope of work in the most timely and efficient
manner. The RE team will initially assess the qualifications of each Vendor submitting a
proposal and rank the proposal according to the following point system:
[Note to REs: We have not provided a suggested weighting of factors in this draft, as
that is a subject judgment that will vary greatly from community to community.]
Qualifications Evaluation Criteria
Quality of response
Upfront investment by vendor
Experience of project team
References
Vendor experience
Financial strength of Vendor
Feasibility of Vendor financial proposal
[Other qualifications criteria]
Total Possible Points:
100
Other Project Evaluation Criteria
In addition to the qualification criteria, the RE will examine the extent to which each
proposal meets the criteria below, which are not listed in order of importance. The RE
will then undertake a comparative assessment of all proposals in order to make a
decision as to which proposal(s) should be selected [for further analysis and
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negotiation]. ____________, following consultation with _______, will be the final
decision maker. Within the framework of an overarching value-for-money assessment,
the evaluation criteria against which proposals will be assessed are:
1.
6.
7.
8.
9.
the extent to which the proposal meets the RE’s objectives for the Network
(as set out in Section 2.__) (including, but not limited to, build out
requirements/selection of neighborhoods, the level of pre-construction
demand commitment required to trigger build out for specific areas, and
the proposed price point if demand levels are met);
the capability of the Vendor to design, construct, finance, maintain, upgrade
and operate the Network;
the nature, scope and impact of any local community legislative and/or
regulatory changes that are necessary to facilitate the proposal;
the cost to the RE of the proposal;
the acceptability of the contract terms and conditions proposed by the
Vendor and the extent to which the proposal departs from the RFP and from
the RE’s proposed commercial terms (if any).
[Once the comparative assessment of the proposals is complete, the RE will select the
[two] highest-ranked for further negotiations. It will select one at the completion of
such negotiations.]
3.9 Clarification of Proposals
Notwithstanding any other provision of this RFP, RE reserves the right to:
1. Conduct discussions with any or all potential vendors for the purpose of
clarification of proposals;
2. Waive, or decline to waive, any defect in any proposal;
3. Accept, reject, or negotiate any or all proposals or the terms of any proposal,
or any parts thereof, for the purpose of obtaining the best and final offer;
4. Cancel or amend this RFP or issue other requests for proposals;
5. Select a Vendor or Vendors based on its analysis and evaluation of proposals
submitted and request presentations on proposals if it believes further
information is appropriate to the decision-making process;
6. Select no proposals at all; or
7. Use any and all concepts presented in any proposal to obtain the most
beneficial and effective path to achieving its desired goals for the project.
3.10 Negotiation and Execution of Contracts
[Note to REs: We have not attempted to develop a template contract. Communities
may wish to do so in order to control the drafting and negotiating process. The
negotiated contract will include a requirement for the Vendor to provide a bond (or
other form of financial assurance) in order to ensure that the RE does not have to
assume unanticipated costs of finishing the project. The purpose is to prevent the
Vendor from “walking off the job.”]
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The selected Vendor agrees to execute [a contract consistent with the terms of this
RFP] [the contract provided in conjunction with this RFP] as modified for the proposal
specifics within _______________ of the award. If the parties are not able to reach
agreement and execute a contract within ______ (__) days of the award, the RE may
declare the award void and may select another Vendor or issue a new RFP.
3.11 Commencement of Work
The submission of a proposal in response to the RFP, and the subsequent evaluation of
that response by the RE, does not constitute a contract or any type of agreement
between the RE and any Vendor for the commencement of work or the performance of
any obligation. Only a written contract with the RE will authorize the commencement of
work or obligate the RE on this project.
3.12 Use of Subcontractors
Vendors may use subcontractors to fulfill any obligations in connection with the project.
Use of subcontractors shall be subject to all applicable state and federal laws. A Vendor
shall remain liable for fulfilling all its obligations on the project, and for any claims or
damages arising from the subcontractor’s work.
[Note to REs: The contract negotiated with the Vendor will contain standard
provisions for the Vendor to indemnify the RE for costs incurred in any litigation
brought by a subcontractor.]
3.13 Miscellaneous Provisions
3.13.1 Proposal Costs
Responding vendors are responsible for all expenses they incur in preparing and
submitting a proposal or in contract negotiations with the RE. Even if it elects to reject
all proposals, the RE will not be liable for any costs or damages incurred by any vendor
in preparing and submitting a proposal.
3.13.2 Applicable Statutes
The RE is [or some members of the RE are] a public entity. As a result, this RFP is subject
to a variety of public procurement requirements, including but not limited to federal
and state records disclosure statutes referenced above and the following: [RE to
select/expand the list and provide specific statutory references]
 Small Business obligations
 Local Business obligations
 Minority Business obligations
 Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
 Economic Development Zone Small Businesses
 Woman-Owned Small Businesses (WOSBs)
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

Union/Non-union labor use
[Other state/county/municipal requirements]
3.13.3 Errors and Omissions in a Proposal
The responding vendor is responsible for all errors and omissions in its proposal. If it
discovers an error and wishes to withdraw its proposal, the responding vendor should
notify the RE immediately. [Depending on the stage of the process, the vendor may be
liable for costs incurred by the RE in analyzing the proposal or negotiating a contract.]
3.13.4 Errors and Omissions in the RFP
If the RE becomes aware of an error or omission in the RFP, it will post a notice on the
website. If it discovers and error or omission after the proposals are submitted, it may
in its discretion proceed or reissue the RFP. Even if it elects to rebid the RFP, the RE will
not be liable for any costs or damages incurred by any vendor in preparing and
submitting the original proposal.
3.13.5 Objections to RFP Terms
Any objections to RFP terms must be conveyed in writing to [the address for RFP
questions] and must be submitted by the deadline for submission of questions about
the RFP in Section 3.2 above.
3.13.6 Acceptance of RFP/Proposal Content
By submitting a proposal, a Vendor certifies that it has read, understood, and agreed to
all requirements, terms, and conditions in this RFP, including any and all attachments,
exhibits, and appendices. A Vendor may withdraw its proposal prior to the RFP
response deadline.
3.13.7 No Waiver of RFP Provisions
The RE may, but is under no obligation to, waive any provision in this RFP at the request
of a potential Vendor. Any such waiver shall apply to all potential bidders, and no
waiver shall constitute a waiver of any provision not specifically referenced therein.
3.13.8 Ownership and Confidentiality of Proposals
The RE will not pay for any information requested herein, and all proposals submitted
become the property of the RE. Proposals will not be returned and may be subject to
disclosure pursuant to the federal Freedom of Information Act and/or the [state] Public
Records Act. Pricing and other information that is an integral part of the proposal
cannot be considered confidential after an award has been made. The RE may receive
information that may be confidential as part of your response. If you believe that any
portion of your proposal includes proprietary or other confidential information, please
clearly mark it as such and state the basis for your claim to confidential treatment.
Unless otherwise required by law, RE will treat the information as confidential and will
not disclose it to a third party without your permission. However, pricing and other
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information that is an integral part of the proposal will likely not be considered
confidential after an award has been made
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This RFP Framework is for a network that will have a hybrid ownership structure—a
public-private partnership that combines both public and private resources and
expertise. The RFP seeks services for Construction, Operation and Maintenance of a
vertically integrated network, with no requirements of openness. The public entity is a
“customer” of network services from a private vendor even though it may own some or
all of the infrastructure. The vendor may, but need not, offer wholesale services on an
open-access basis.
1. Introduction
1.1 Network Background
The Requesting Entity[ies] (REs) are requesting proposals from Vendors to build,
manage and operate a next generation communications network (“Network”) that will
provide next generation Internet access service to businesses, homes, and community
institutions within the Service Area. A baseline of 1 Gbps symmetric service will serve as
the definition of “next generation” service for this RFP. The REs will provide a variety of
forms of support, including (but not necessarily limited to): (i) streamlining access to
infrastructure, rights-of-way and inspections; (ii) assistance in demand aggregation; (iii)
long-term contracts and support for development of high bandwidth applications to
drive adoption; (iv) marketing assistance (including working directly with Vendors, local
business leaders and community leaders to increase the revenue opportunities and
lower the costs associated with constructing and operating the Network); (v) revising
local rules, regulations or requirements to decrease the cost to deploy or operate the
Network; and (vi) collaboration with local research and education networks.
The selected Vendor will provide vertically integrated retail services and may operate
the Network on a wholesale basis. If it chooses to do so, it will not have to implement
an open access requirement to ensure that retail services competitors will be given
treatment equal to that it provides to itself. However, the Vendor must not limit the
ability of customers to run applications, use services and connect devices of their choice
to the Network.
The Vendor will bear all of the costs for the Network, including but not limited to
design, engineering, construction, equipment and insurance for the Network, up to the
end user drop point or network interface device. In addition, the Vendor will bear all
the operating and maintenance costs of the Network. In addition, Vendor should
demonstrate a clear upgrade path for the Network to meet future consumer demand
and service developments to at least 2016 and preferably beyond.
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The REs will not charge Vendor for access to REs's assets and infrastructure except as
set forth herein. The REs will provide the funds identified in Schedule 1.4 for the
construction, maintenance and operation of the network. The REs’ other specific
contributions are set forth in Part 1.4-1._ of this RFP.
The REs intend the Network to serve as a development platform for innovation, next
generation application development, workforce development and job creation
throughout the Service Area.
1.2 Nature of Entities Issuing RFP
This RFP is issued by the Requesting Entity[ies] (“RE”). [Describe REs: e.g.: _________ is
a nonprofit organization established in ____ to help improve access to
_________________. It is governed by a board of directors representing government,
partner universities, foundations, and others. ]
1.3 Overview
[Note to REs: Keep in mind that this is a template. We have included the references in
Subsections 1.4 and 1.9 to 'small business' and 'small to medium enterprises' as
illustrative of factors that are often of concern to communities or are required by state
law to be factors taken into account in public procurements. These terms will be
defined by the communities or the governing regulations.]
This RFP seeks proposals for the deployment and operation by Vendor of a high-speed
fiber network for the citizens and businesses in the Service Area. The objectives are to
establish a Network that:
8.
is able to offer retail broadband services with a guaranteed sustained
minimum 1 Gbps dedicated symmetrical transmission speed over each
connection provided to a premises;
9.
is able to support high quality voice, data and video services;
10.
uses fiber-to-the-premises network architecture;
11.
covers __ per cent of homes and small businesses in the Service Area;
12.
is rolled out and made operational progressively, on a demand driven basis,
over ___ years from the date of execution of a contract between the REs
and the Vendor;
13.
promotes the long term economic and community interests of the RE and
end users; and
14.
facilitates opportunities for small and medium enterprises (SMEs) and local
enterprises to provide services [to the Network] [to the community].
1.4 Assets, Facilities, Services to be Contributed by REs
[Note to REs: Gig.U recognizes that the assets, facilities and services to be contributed
by REs will vary not only depending on the chosen model, but also within models.
Therefore, in this section, we provide a variety of options. These policy options are not
tied to a particular service model, and REs may use many or only a few, depending on
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their specific regulatory and policy situation. In cases where the RE is not a community
or legal entity (i.e. it is a University or other network) with certain assets under its
control, these assets and facilities will necessarily be different. Additional options are
highlighted in yellow.]
RE will provide Vendor with access to the assets, services and infrastructure of RE
identified in Sections 1.4.1-1.5._ below, to the extent they are available and are
needed for deployment of the Network. Infrastructure may include, but will not be
limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities,
central office or switch locations, available land, and other assets and services
identified below.
[There shall be no charges for access to or use of any RE assets, services or
facilities to be provided for this Network, nor will any permit and inspection fees
be imposed by RE, except as set forth in Schedule 1.4.]
[RE will use its best efforts to make such assets, services and facilities available to
Vendor upon request, on commercially reasonable terms. The existing charges for
access to or use of any RE facilities to be provided for this Network, and any
permit and inspection fees be imposed by RE, are as set forth in Schedule 1.4.]
In certain cases identified in the appropriate Schedule, access to fiber, conduit, rights of
way or other assets identified may be conditioned on or require approval from lessors
or other third parties. In such situations, the RE will work with the Vendor to attempt to
obtain any necessary approvals, but it cannot guarantee their receipt.
1.4.1 Fiber
[Note to REs: In this model, the RE may consider leasing dark fibers so the Vendor may
operate their own services as a way to maintain separation.]
RE will provide Vendor with access to the existing optical fibers owned or leased by the
RE and identified in Schedule 1.4.1. The RE [is] [is not] willing to provide access to this
fiber under an Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to
provide access on a reduced fee or no charge basis.
1.4.2 Conduit
RE will provide Vendor with access to the existing conduit owned or leased by the RE
and identified in Schedule 1.4.2. The process for accessing the conduit is set forth in
Schedule 1.4.2. The RE [is] [is not] willing to provide access to existing conduit under an
Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to waive the
charge for conduit access.
RE will also cooperate with Vendor in its efforts to obtain expedited access to conduit
owned or controlled by third parties within the Service Area, including [identify specific
government agencies and utilities, together with contact persons, as appropriate].
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1.4.3 Existing Networks
In addition to the fibers identified in Section 1.4.1, RE [owns and] operates within the
Service Area communications networks identified in Schedule 1.4.3. The RE also in the
process of [describe any public networks that are planned and their location within the
Service Area.] The RE is willing to negotiate with the Vendor to provide access to [all or
part of] such networks.
1.4.4 Rights of Way
Construction and the installation of equipment in RE rights of way will be subject to a
standard master permit be issued by RE [in the form attached hereto in Schedule 1.4.4].
Subject to existing rights-of way and easements, RE will allow Vendor to have access to
necessary rights-of-way on property owned by RE and property on which it has an
easement. Such access will be provided during regular business hours for nonemergency work and 24x7 for emergency work. This access includes permission to
perform construction work on RE property, including construction in the streets as
needed for the Network. The RE estimates that it takes ___ days to complete all steps
from application to approval of a permit, and it is willing to work with Vendor to
expedite that process.
RE will also cooperate with Vendor in efforts to allow Vendor to gain access to rightsof-way owned or controlled by third parties within the Service Area, including [identify
specific utilities, together with contact persons, if appropriate].
1.4.5 Pole Attachment Rights
[RE does not operate a municipal electric utility or own poles in the Service Area.]
[RE operates a municipal electric utility and owns approximately ____ poles in the
Service Area. The installation of equipment on RE poles will be subject to a standard
permit be issued by RE[, in the form attached hereto as part of Schedule 1.4.5]. The
process for accessing RE poles is set forth in Schedule [1.4.5] and the annual RE pole
attachment fee is $_____ [per pole]. There [is][not] an annual inspection fee of $____
[per pole]. RE is [not] willing to consider reducing or foregoing [some] [all] of these
fees as a contribution to the Network.]
RE will cooperate with and assist Vendor in its efforts to gain access to poles owned or
controlled by third parties within the Service Area, including [identify specific utilities,
cable MSOs and telecom carriers, together with contact persons, if appropriate].
1.4.6 Space and power
RE will make space available to Vendor in RE facilities for the installation of central
office ("CO") equipment and for additional network facilities, in locations to be
determined as part of the network design. In addition, RE will provide electrical
power necessary for Vendor's equipment at RE locations. [RE will not charge
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Vendor for such space, power or related services except as set forth in Schedule
1.4.6].
1.4.7 RE Contracts for Services and Assistance in Identifying and Generating
Institutional and Enterprise Demand
The REs [intend to make] [are willing to negotiate] long-term individual commitments to
purchase network services needed for RE operations (e.g., transmission capacity,
Internet access, voice, video, security monitoring, cloud computing and storage) through
the Network.
[Note to REs: make the commitment as concrete as possible, e.g., by identifying
existing RE spending for network services that could be shifted to the new network
and the likely or guaranteed spend/purchase levels for each RE over defined periods.]
RE will provide Vendor with assistance in identifying [and contacting] other entities in
the Service Area that are candidates to enter into long term contracts (2 years or more)
for fiber or network services. Such potential anchor tenants include other educational
institutions, large employers and other enterprises. [An initial list of such entities and
contact information for key personnel is attached as Schedule 1.4.7.]
1.4.8 Retail Marketing Assistance
The RE will assist Vendor’s pre-construction efforts to market to and obtain
commitments for Network services (primarily Internet access) from households and
small businesses in the Service Area. RE will provide Vendor with access to [voter lists,
email addresses, etc.] and will distribute via [campus wide] [community] [other] email
systems information about Vendor’s proposed Network offerings and how potential
retail customers can make the desired commitments. In addition, the RE will provide
assistance in identifying student housing and private Multi Dwelling Units (MDUs) within
the Service Area. [An initial list of such entities and contact information for key
personnel is attached as Schedule 1.4.8]
1.4.9 Other Assets, Facilities, Services
The RE will provide Vendor with access to other assets and services that are owned or
controlled by the RE, and that will assist Vendor in lowering the overall risk by reducing
the cost structure and shortening the design and construction schedule. These include:
● [[Low or no cost] access to GIS data, street maps, maps of terrain, GPS
coordinates and locating services.
● Access to other communications networks through existing peering and traffic
exchange agreements]
1.5 Regulatory and Other Forms of Assistance to be provided by REs
RE will provide Vendor with access to:
● Assistance from RE FTE employees for planning, network mgmt., etc.
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●
A single point of contact ("SPOC") for Vendor, which SPOC will be responsible for
addressing all issues related to the Network, providing coordination across RE
departments, ensuring the full cooperation of all RE departments with respect to
relevant issues on the Network and serving as a communications and
troubleshooting resource for Vendor.
1.5.1 Expedited Permitting
RE will provide Vendor with quick, diligent review of all applications for permits,
including permits necessary for construction work on the Network within RE rights-ofway and in connection with RE assets or infrastructure. This includes a commitment to
review and respond to any subsequent modifications or similar documents that may
require approval by REs within ____ (__) working days of submission by Vendor.
1.5.2 Expedited Inspection
RE will provide Vendor with a dedicated inspection team for inspection of all
work performed on the Network.
1.5.3 Other
RE will provide Vendor with information about existing funds, grants and contracts that
can be redirected to this program. RE will also apply for or provide assistance in
applying for available grants or loans to defray Network expenses, such those for local
economic development.
1.6 Relationship between Vendor and REs
The Vendor will be an independent contractor that provides all design, construction
and operation services for the Network.
1.6.1 Ownership of Network
The Network will be structured as a public-private partnership that combines both
public and private resources and expertise and has a hybrid ownership structure.
The REs [will] [will not] have an investment stake in the entity that owns and operates
the Network. The form and percentage of ownership will be subject to negotiation.
This investment may take the form of either debt or equity.
2. Services Sought
2.1 Description of Services Sought
The REs seek a Vendor to design, build, install, own, operate and manage a complete
turnkey high-speed communications Network within the Service Area. The system shall
be a fully operational high-speed communications network using Internet protocol
technology and allowing users access to and from the Internet and access to other
services as required. The RFP does not require a specific technology, but the REs expect
that most potential vendors will propose Fiber-to-the-home Active E, GPON and/or
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WDM/PON technologies to provide gigabit service to households, businesses and
institutions throughout the Service Area. This system must include all active and passive
infrastructure, including fiber cabling, active repeater equipment, uninterruptible power
supplies, network cross-connections, software, ancillary equipment, and ongoing main
tenancy.
Services rendered must include complete system design, engineering, operation,
monitoring, maintenance, and enhancement, as well as negotiation and execution of
access agreements with retail services providers. The Network rollout will be based
upon demonstrated demand by community residents and businesses, and the
availability of necessary infrastructure. The Vendor will be required to develop and
provide retail services , including at a minimum those identified in Section 2.2. below.
The Vendor may, but is not required to, provide wholesale access to the Network to
other retail services providers.
The Vendor shall have the right to determine the terms and conditions for such
wholesale access.
2.2 Scope of work
Vendor shall design, build, install, own, operate and manage the Network. The Network
shall have the following features and functionality.
[Network Requirements
Vendor’s response shall identify the specific network characteristics it plans for
o Minimum capacity (in terms of number of fibers and/or bandwidth
capacity) for (i) the backbone or metropolitan area ring, (ii) residential
users, (iii) enterprises/institutional users, (iv) government
institutions/public safety users
o Any other network-wide characteristics desired.]
Services on Wholesale Open Network
 Development and implementation of open access structure for wholesale and
retail service delivery and competition
 Bandwidth and technology gateway with caching for access to cloud based triple
play and over-the-top (OTT) services (online delivery of video and audio content)
 Wholesale billing and settlement services
 Wholesale Internet access service
 Physical and logical layer network service access
 Dedicated wave/VLAN services
 Secure IP intranet services
Public Safety Services
● Dedicated public safety service network
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●
●
Secure public safety access
Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on
other public structures)
Retail/Local Services on Integrated Open Network
● Internet access service – residential and business class
● SIP trunking and customized Internet service plans for enterprises and institutions
● Hosted VoIP solutions for small business and residential customers
● Multi-channel video service
● On-demand content delivery
● Customized local content
● Video conferencing
● Hyper-local open technology gateway for local access to cloud based community
application and OTT services
● Support for community innovation research and development efforts
Community Services on Network
● Cooperation on development and implementation of a “Smart Grid” program for
stakeholders and customers (e.g. digital technology that allows for two-way
communication between the utility and its customers and the sensing along
transmission lines
● Community public service video channels
● Dedicated community health services network
● Health information exchange with secure media access
● Patient center managed telemedicine services
o Secure portal
o EMR data extraction from EMR systems (e.g., EPIC, Cerner, etc.)
o Institutional/physician/clinic/home based access
o Community health kiosks
o Managed home health service portfolio
o Physician-patient secure video network access
● Support for a local application developer community
● Access to cloud-based development environment
● Access to content distribution network (CDN) development and distribution
channels
2.3 Response to Scope of Work
Each potential vendor shall submit a business and technical plan describing its approach
to the project described in this RFP. The business plan shall describe the Vendor’s
approach to design, construction, operation and management of the Network and the
services to be provided over the Network in sufficient detail to allow the RE to
effectively consider the proposal. The Vendor shall also include a description of the dayto-day operations and the management of all responsibilities related to the project and
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explain how the Vendor will fulfill the scope of work in Section 2.2. This should include,
at a minimum, the following:
●
Technology: A description of the network technologies underlying the proposed
network solution(s) included in the response. Each description should include
the following information:
○ Technologies proposed and the limitations of each technology, and if a
variety of technologies are contemplated, a discussion of the factors
likely to influence the choice of technologies;
○ As much detail as possible regarding the network design including, but
not limited to: network design criteria, network elements, architecture,
protocols, system reliability, availability, and operations and
maintenance; and
○ Network performance characteristics, including the range of offerings,
the capacity and other factors relevant for each proposed solution.
●
Service offerings: A description of proposed wholesale or retail service offerings
that the Vendor anticipates offering to institutional, business and residential
customers.
○ Broadband service offerings (type of broadband service, speed tiers,
differences between business and residential offerings)
○ Ancillary service offerings (including those identified in Section 2.2) that
may be provided by the Vendor
○ Pricing strategy
○ Explanation of Vendor’s willingness to work with the RE to develop
unique pricing or packages for key community stakeholders and
populations (e.g., government, university facilities, K-12 facilities,
economically distressed areas)
●
Rollout strategy: A discussion of the anticipated deployment strategy, scope and
timing of the proposed rollout. The discussion should identify the levels of
committed demand necessary to trigger rollout obligations and any factors likely
to influence the scope or timing of the rollout, and explain how those factors
impact the strategy.
●
Roles and Responsibilities: A description of the roles and responsibilities
envisioned for Vendor, Vendor team members (if any), REs, and third parties (if
applicable) for each of the following:
○ Network design
○ Network construction
○ Network operations and management
○ Community outreach and customer acquisition
○ [other]
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●
Financial Projections: The business plan should include a pro forma financial
statement, identifying projected capital outlays, ongoing operational costs, and
expected revenues from wholesale and retail services for at least the first [five]
[ten] years of construction and operation. The plan should identify and quantify
all key assumptions underlying the calculations.
2.1.1 Breakdown of Project Tasks and Components
[TBD]
2.2 Breakdown of Biddable Components
[TBD if bidders can bid on less than entire project]
2.3 Project Schedule
[TBD]
●
●
●
●
2.4 Vendor Qualifications
Experience in high speed network design and operation – Vendor should provide
a statement of experience highlighting [at least X] similar network systems that it
has designed, constructed and operated, including project name, location, size,
technology used, and name and phone number for reference contacts. Also
indicate whether each system is owned by the Vendor or another entity.
Financial Stability – Vendor shall submit its two most recent annual financial
statements in order to permit analysis of its financial resources. If financial
statements are unavailable due to confidentiality reasons, submit recent D&B
reports. If Vendor is part of a team, the two most recent annual financial
statements for each team member should be submitted. If the Vendor’s
response includes vendor financing or committed bank or other financing, the
two most recent annual financial statements of such equipment vendors and
financial institutions should be submitted. [In addition, each Vendor or team
shall provide a bond in the amount of $____________to guarantee satisfactory
completion of the project.]
Staff Technical and Managerial Experience – include a statement of experience
and resumes of the project team, including the project manager and other key
personnel who will be assigned to this project. Also include a list of any known
or anticipated subcontractors along with their roles and responsibilities.
Evidence of Legal Capacity – include copies of Vendor’s most recent federal and
[name of RE state] annual reports and current licenses to provide
telecom/communications services, together with a certification that all [state]
business and regulatory registrations/filings/taxes are current, and all internal
corporate documents are kept and up to date (e.g. meeting minutes, bylaws,
etc.).
3. Administrative Issues
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3.1 Availability of the RFP and Amendments
Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the
project website at: http://www.____________.org. Amendments to the RFP will be
posted on the project website at: http://________.org. Any amendments supersede
prior provisions and are effective upon posting on the project website, and each
potential bidder is responsible for checking the website to learn of any amendments.
3.2 Questions about the RFP
The primary RFP contact for the RE project team is: _________.
All general correspondence and any questions about this RFP must be submitted in
writing to [him] [her] ____@_________.org. The RE project team will not entertain any
oral contacts regarding this RFP. The last date for questions will be 5:00 pm Eastern
Time on _____________________. All questions will be considered to be public and
released with an answer at https://www. .org/questions as expeditiously as possible.
The identity of the person posing the question will not be disclosed.
Vendors should not contact any RE directly. Any attempts to contact RE staff regarding
this RFP other than via this email process may be grounds for the RE to reject your
submission.
3.3 Additional Material
Vendors are encouraged to review the following material prior to submitting their
proposals.


Application Fact Sheet
[Other] [E.g., applicable statutes, regulations, BTOP grants, etc.]
3.4 Informational Session
There will be an informational session for potential Vendors on ___________ from __
to ___ at ________________. [Describe scope of issues to be addressed at the session.]
3.5 Proposal Format and Certification
Proposals should be organized in the same sequence as Part 2 of this RFP with
responses referencing the appropriate corresponding RFP item(s). Vendors should
respond to each item at the level of detail at which each is presented or list a variance
with a particular item and propose alternate terms and, as applicable, and supply any
supportive detail. Proposals not conforming to the proper format or failure to respond
to any required items may result in a Vendor’s disqualification and/or rejection of the
proposal. Where the Vendor is requested to supply information, include that
information in the body of the proposal, or reference the attachment where it is
included.
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A duly authorized officer or agent of the Vendor must sign the proposal. Proposals that
are not signed will not be considered. In the case where multiple vendors team to
present a proposal, a signature by a duly authorized officer or agent of each entity is
required on the proposal, though one entity should be designated the lead entity in the
proposal. The lead entity will be the contracting Vendor and will be responsible for
subcontracting with its partners.
3.6 Project Calendar
Anticipated Event Dates
 RFP Advertised and issued:
 Proposals Due:
 Proposal Evaluation Completed by:
 Interviews with finalist firms no later than:
 Award and Letter of Intent for Contract no later than:
 Selected firm begins work no later than:
 Contract finalized no later than:
 First progress report due:
3.7 Proposal Due Date and Submission
Proposals are due by 5 p.m. local time on_____________. Proposals received after the
deadline will not be considered. Proposals must be submitted electronically [or via
priority or certified mail. Two (2) hard copies and one (1) complete electronic version
are required for any proposal submitted in hard copy format]. Faxed proposals will not
be accepted. Vendors assume the risk of the methods of dispatch or delivery chosen.
Office hours for receipt of mailed or expressed proposals are: Monday through Friday,
8:00 am - 5:00 pm (EDT).
Electronic proposals must be submitted by email to ___________.org or through
____________ or other similar large file sharing service. All electronic files must be
submitted in editable format in order to facilitate evaluation and planning. Word, Excel,
GIS and PDF formats are acceptable.
3.8 Process and Criteria for Evaluation of Proposals
Proposals will be opened and reviewed internally at the convenience of the RE. All
proposals will be evaluated and, at RE discretion, an award made to the Vendor who
demonstrates the best ability to meet the overall goals of the project, with particular
emphasis on the ability to fulfill the scope of work in the most timely and efficient
manner. The RE team will initially assess the qualifications of each Vendor submitting a
proposal and rank the proposal according to the following point system:
[Note to REs: We have not provided a suggested weighting of factors in this draft, as
that is a subject judgment that will vary greatly from community to community.]
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Qualifications Evaluation Criteria
Quality of response
Upfront investment by vendor
Experience of project team
References
Vendor experience
Financial strength of Vendor
Feasibility of Vendor financial proposal
[Other qualifications criteria]
Total Possible Points:
100
Other Project Evaluation Criteria
In addition to the qualification criteria, the RE will examine the extent to which each
proposal meets the criteria below, which are not listed in order of importance. The RE
will then undertake a comparative assessment of all proposals in order to make a
decision as to which proposal(s) should be selected [for further analysis and
negotiation]. ____________, following consultation with _______, will be the final
decision maker. Within the framework of an overarching value-for-money assessment,
the evaluation criteria against which proposals will be assessed are:
1.
10.
11.
12.
13.
the extent to which the proposal meets the RE’s objectives for the Network
(as set out in Section 2.__) (including, but not limited to, build out
requirements/selection of neighborhoods, the level of pre-construction
demand commitment required to trigger build out for specific areas, and
the proposed price point if demand levels are met);
the capability of the Vendor to design, construct, finance, maintain, upgrade
and operate the Network;
the nature, scope and impact of any local community legislative and/or
regulatory changes that are necessary to facilitate the proposal;
the cost to the RE of the proposal;
the acceptability of the contract terms and conditions proposed by the
Vendor and the extent to which the proposal departs from the RFP and from
the RE’s proposed commercial terms (if any).
[Once the comparative assessment of the proposals is complete, the RE will select the
[two] highest-ranked for further negotiations. It will select one at the completion of
such negotiations.]
3.9 Clarification of Proposals
Notwithstanding any other provision of this RFP, RE reserves the right to:
1. Conduct discussions with any or all potential vendors for the purpose of
clarification of proposals;
2. Waive, or decline to waive, any defect in any proposal;
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3. Accept, reject, or negotiate any or all proposals or the terms of any proposal,
or any parts thereof, for the purpose of obtaining the best and final offer;
4. Cancel or amend this RFP or issue other requests for proposals;
5. Select a Vendor or Vendors based on its analysis and evaluation of proposals
submitted and request presentations on proposals if it believes further
information is appropriate to the decision-making process;
6. Select no proposals at all; or
7. Use any and all concepts presented in any proposal to obtain the most
beneficial and effective path to achieving its desired goals for the project.
3.10 Negotiation and Execution of Contracts
[Note to REs: We have not attempted to develop a template contract. Communities
may wish to do so in order to control the drafting and negotiating process. The
negotiated contract will include a requirement for the Vendor to provide a bond (or
other form of financial assurance) in order to ensure that the RE does not have to
assume unanticipated costs of finishing the project. The purpose is to prevent the
Vendor from “walking off the job.”]
The selected Vendor agrees to execute [a contract consistent with the terms of this
RFP] [the contract provided in conjunction with this RFP] as modified for the proposal
specifics within _______________ of the award. If the parties are not able to reach
agreement and execute a contract within ______ (__) days of the award, the RE may
declare the award void and may select another Vendor or issue a new RFP.
3.11 Commencement of Work
The submission of a proposal in response to the RFP, and the subsequent evaluation of
that response by the RE, does not constitute a contract or any type of agreement
between the RE and any Vendor for the commencement of work or the performance of
any obligation. Only a written contract with the RE will authorize the commencement of
work or obligate the RE on this project.
3.12 Use of Subcontractors
Vendors may use subcontractors to fulfill any obligations in connection with the project.
Use of subcontractors shall be subject to all applicable state and federal laws. A Vendor
shall remain liable for fulfilling all its obligations on the project, and for any claims or
damages arising from the subcontractor’s work.
[Note to REs: The contract negotiated with the Vendor will contain standard
provisions for the Vendor to indemnify the RE for costs incurred in any litigation
brought by a subcontractor.]
3.13 Miscellaneous Provisions
3.13.1 Proposal Costs
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Responding vendors are responsible for all expenses they incur in preparing and
submitting a proposal or in contract negotiations with the RE. Even if it elects to reject
all proposals, the RE will not be liable for any costs or damages incurred by any vendor
in preparing and submitting a proposal.
3.13.2 Applicable Statutes
The RE is [or some members of the RE are] a public entity. As a result, this RFP is subject
to a variety of public procurement requirements, including but not limited to federal
and state records disclosure statutes referenced above and the following: [RE to
select/expand the list and provide specific statutory references]
 Small Business obligations
 Local Business obligations
 Minority Business obligations
 Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
 Economic Development Zone Small Businesses
 Woman-Owned Small Businesses (WOSBs)
 Union/Non-union labor use
 [Other state/county/municipal requirements]
3.13.3 Errors and Omissions in a Proposal
The responding vendor is responsible for all errors and omissions in its proposal. If it
discovers an error and wishes to withdraw its proposal, the responding vendor should
notify the RE immediately. [Depending on the stage of the process, the vendor may be
liable for costs incurred by the RE in analyzing the proposal or negotiating a contract.]
3.13.4 Errors and Omissions in the RFP
If the RE becomes aware of an error or omission in the RFP, it will post a notice on the
website. If it discovers and error or omission after the proposals are submitted, it may
in its discretion proceed or reissue the RFP. Even if it elects to rebid the RFP, the RE will
not be liable for any costs or damages incurred by any vendor in preparing and
submitting the original proposal.
3.13.5 Objections to RFP Terms
Any objections to RFP terms must be conveyed in writing to [the address for RFP
questions] and must be submitted by the deadline for submission of questions about
the RFP in Section 3.2 above.
3.13.6 Acceptance of RFP/Proposal Content
By submitting a proposal, a Vendor certifies that it has read, understood, and agreed to
all requirements, terms, and conditions in this RFP, including any and all attachments,
exhibits, and appendices. A Vendor may withdraw its proposal prior to the RFP
response deadline.
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3.13.7 No Waiver of RFP Provisions
The RE may, but is under no obligation to, waive any provision in this RFP at the request
of a potential Vendor. Any such waiver shall apply to all potential bidders, and no
waiver shall constitute a waiver of any provision not specifically referenced therein.
3.13.8 Ownership and Confidentiality of Proposals
The RE will not pay for any information requested herein, and all proposals submitted
become the property of the RE. Proposals will not be returned and may be subject to
disclosure pursuant to the federal Freedom of Information Act and/or the [state] Public
Records Act. Pricing and other information that is an integral part of the proposal
cannot be considered confidential after an award has been made. The RE may receive
information that may be confidential as part of your response. If you believe that any
portion of your proposal includes proprietary or other confidential information, please
clearly mark it as such and state the basis for your claim to confidential treatment.
Unless otherwise required by law, RE will treat the information as confidential and will
not disclose it to a third party without your permission. However, pricing and other
information that is an integral part of the proposal will likely not be considered
confidential after an award has been made.
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SS(i) Model
Structural Separation (i) Model
This RFP Framework is for a network that will be wholly owned by the public entity, with
a private operator providing wholesale services to entities throughout the community.
The service may be provided under the name or brand of the private operator, or the
public entity may provide a “white label” service under its own brand. The RFP seeks
services for a Construction, Operation and Maintenance Agreement. Each of these
functions could potentially be performed by different entities, so the REs should decide
as part of the RFP drafting process whether they want to segment the project and
permit Vendors to bid on different services segments. In addition, if the public entity
will be providing service under its own brand, it will need to provide marketing, sales,
billing and other functions that are not addressed in this document.
1. Introduction
1.1 Network Background
The Requesting Entity[ies] (REs) are requesting proposals from Vendors to build,
manage and operate an open access next generation communications network
(“Network”) that will provide next generation Internet access service to businesses,
homes, and community institutions within the Service Area. A baseline of 1 Gbps
symmetric service will serve as the definition of “next generation” service for this RFP.
The REs will provide a variety of forms of support, including (but not necessarily limited
to): (i) streamlining access to infrastructure, rights-of-way and inspections; (ii) assistance
in demand aggregation; (iii) long-term contracts and support for development of high
bandwidth applications to drive adoption; (iv) marketing assistance (including working
directly with Vendors, local business leaders and community leaders to increase the
revenue opportunities and lower the costs associated with constructing and operating
the Network); (v) revising local rules, regulations or requirements to decrease the cost
to deploy or operate the Network; and (vi) collaboration with local research and
education networks.
By open access, the REs mean that the Network facilitates competition through
reasonable and non-discriminatory access arrangements that (i) ensure equivalence of
price and non-price terms and conditions for all retail services providers and (ii) permit
such providers to differentiate their product offerings. In addition, the Vendor must not
limit the ability of retail service providers or their customers to run applications, use
services and connect devices of their choice to the Network. The selected Vendor will
operate the Network on a wholesale basis, and it may, but need not, provide vertically
integrated retail services. However, if it chooses to do so, it will have to implement the
open access requirement to ensure that retail services competitors will be given
treatment equal to that it provides to itself.
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SS(i) Model
The Vendor will bear all of the costs for the Network, including but not limited to
design, engineering, construction, equipment and insurance for the Network, up to the
end user drop point or network interface device. In addition, the Vendor will bear all
the operating and maintenance costs of the Network. In addition, Vendor should
demonstrate a clear upgrade path for the Network to meet future consumer demand
and service developments to at least 2016 and preferably beyond.
The REs will not charge Vendor for access to REs's assets and infrastructure except as
set forth herein. The REs will provide [no] [only very limited] funds for the
construction, maintenance and operation of the network. The REs’ specific
contributions are set forth in Part 1.4-1._ of this RFP.
The REs intend the Network to serve as a development platform for innovation, next
generation application development, workforce development and job creation
throughout the Service Area.
1.2 Nature of Entities Issuing RFP
This RFP is issued by the Requesting Entity[ies] (“RE”). [Describe REs: e.g.: _________ is
a nonprofit organization established in ____ to help improve access to
_________________. It is governed by a board of directors representing government,
partner universities, foundations, and others. ]
1.3 Overview
[Note to REs: Keep in mind that this is a template. We have included the references in
Subsections 1.4 and 1.9 to 'small business' and 'small to medium enterprises' as
illustrative of factors that are often of concern to communities or are required by state
law to be factors taken into account in public procurements. These terms will be
defined by the communities or the governing regulations.]
This RFP seeks proposals for the deployment and operation by Vendor of a high-speed
fiber network for the citizens and businesses in the Service Area. The objectives are to
establish a Network that:
1. is able to offer retail broadband services with a guaranteed sustained
minimum 1 Gbps dedicated symmetrical transmission speed over each
connection provided to a premises;
2. is able to support high quality voice, data and video services;
3. uses fiber-to-the-premises network architecture;
4. covers __ per cent of homes and small businesses in the Service Area;
5. is rolled out and made operational progressively, on a demand driven basis,
over ___ years from the date of execution of a contract between the REs
and the Vendor;
6. promotes the long term economic and community interests of the RE and
end users;
7. facilitates competition through open access arrangements;
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SS(i) Model
8.
9.
enables low wholesale access prices that reflect underlying costs while
allowing Vendor to earn a rate of return on its investment commensurate
with the risks involved; and
facilitates opportunities for small and medium enterprises (SMEs) and local
enterprises to provide services [to the Network] [to the community].
1.4 Assets, Facilities, Services to be Contributed by REs
[Note to REs: Gig.U recognizes that the assets, facilities and services to be contributed
by REs will vary not only depending on the chosen model, but also within models.
Therefore, in this section, we provide a variety of options. These policy options are not
tied to a particular service model, and REs may use many or only a few, depending on
their specific regulatory and policy situation. In cases where the RE is not a community
or legal entity (i.e. it is a University or other network) with certain assets under its
control, these assets and facilities will necessarily be different. Additional options are
highlighted in yellow.]
RE will provide Vendor with access to the assets, services and infrastructure of RE
identified in Sections 1.4.1-1.5._ below, to the extent they are available and are
needed for deployment of the Network. Infrastructure may include, but will not be
limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities,
central office or switch locations, available land, and other assets and services
identified below.
[There shall be no charges for access to or use of any RE assets, services or
facilities to be provided for this Network, nor will any permit and inspection fees
be imposed by RE, except as set forth in Schedule 1.4.]
[RE will use its best efforts to make such assets, services and facilities available to
Vendor upon request, on commercially reasonable terms. The existing charges for
access to or use of any RE facilities to be provided for this Network, and any
permit and inspection fees be imposed by RE, are as set forth in Schedule 1.4.]
In certain cases identified in the appropriate Schedule, access to fiber, conduit, rights of
way or other assets identified may be conditioned on or require approval from lessors
or other third parties. In such situations, the RE will work with the Vendor to attempt to
obtain any necessary approvals, but it cannot guarantee their receipt.
1.4.1 Fiber
RE will provide Vendor with access to the existing optical fibers owned or leased by the
RE and identified in Schedule 1.4.1. The RE [is] [is not] willing to provide access to this
fiber under an Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to
provide access on a reduced fee or no charge basis.
1.4.2 Conduit
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RE will provide Vendor with access to the existing conduit owned or leased by the RE
and identified in Schedule 1.4.2. The process for accessing the conduit is set forth in
Schedule 1.4.2. The RE [is] [is not] willing to provide access to existing conduit under an
Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to waive the
charge for conduit access.
RE will also cooperate with Vendor in its efforts to obtain expedited access to conduit
owned or controlled by third parties within the Service Area, including [identify specific
government agencies and utilities, together with contact persons, as appropriate].
1.4.3 Existing Networks
In addition to the fibers identified in Section 1.4.1, RE [owns and] operates within the
Service Area communications networks identified in Schedule 1.4.3. The RE also in the
process of [describe any public networks that are planned and their location within the
Service Area.] The RE is willing to negotiate with the Vendor to provide access to [all or
part of] such networks.
1.4.4 Rights of Way
Construction and the installation of equipment in RE rights of way will be subject to a
standard master permit be issued by RE [in the form attached hereto in Schedule
1.4.4]. Subject to existing rights-of way and easements, RE will allow Vendor to have
access to necessary rights-of-way on property owned by RE and property on which it
has an easement. Such access will be provided during regular business hours for nonemergency work and 24x7 for emergency work. This access includes permission to
perform construction work on RE property, including construction in the streets as
needed for the Network. The RE estimates that it takes ___ days to complete all
steps from application to approval of a permit, and it is willing to work with Vendor to
expedite that process.
RE will also cooperate with Vendor in efforts to allow Vendor to gain access to rightsof-way owned or controlled by third parties within the Service Area, including [identify
specific utilities, together with contact persons, if appropriate].
1.4.5 Pole Attachment Rights
[RE does not operate a municipal electric utility or own poles in the Service Area.]
[RE operates a municipal electric utility and owns approximately ____ poles in the
Service Area. The installation of equipment on RE poles will be subject to a standard
permit be issued by RE[, in the form attached hereto as part of Schedule 1.4.5]. The
process for accessing RE poles is set forth in Schedule [1.4.5] and the annual RE pole
attachment fee is $_____ [per pole]. There [is][not] an annual inspection fee of $____
[per pole]. RE is [not] willing to consider reducing or foregoing [some] [all] of these
fees as a contribution to the Network.]
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RE will cooperate with and assist Vendor in its efforts to gain access to poles owned or
controlled by third parties within the Service Area, including [identify specific utilities,
cable MSOs and telecom carriers, together with contact persons, if appropriate].
1.4.6 Space and power
RE will make space available to Vendor in RE facilities for the installation of central
office ("CO") equipment and for additional network facilities, in locations to be
determined as part of the network design. In addition, RE will provide electrical
power necessary for Vendor's equipment at RE locations. [RE will not charge
Vendor for such space, power or related services except as set forth in Schedule
1.4.6].
1.4.7 RE Contracts for Services and Assistance in Identifying and Generating
Institutional and Enterprise Demand
The REs [intend to make] [are willing to negotiate] long-term individual commitments to
purchase network services needed for RE operations (e.g., transmission capacity,
Internet access, voice, video, security monitoring, cloud computing and storage) through
the Network.
[Note to REs: make the commitment as concrete as possible, e.g., by identifying
existing RE spending for network services that could be shifted to the new network
and the likely or guaranteed spend/purchase levels for each RE over defined periods.]
RE will provide Vendor with assistance in identifying [and contacting] other entities in
the Service Area that are candidates to enter into long term contracts (2 years or more)
for fiber or network services. Such potential anchor tenants include other educational
institutions, large employers and other enterprises. [An initial list of such entities and
contact information for key personnel is attached as Schedule 1.4.7.]
1.4.8 Retail Marketing Assistance
[Note to REs: Sections 1.4.8 and 1.4.9 may have limited applicability in communities
where Vendors will only be providing wholesale access.]
The RE will assist Vendor’s pre-construction efforts to market to and obtain
commitments for Network services (primarily Internet access) from households and
small businesses in the Service Area. RE will provide Vendor with access to [voter lists,
email addresses, etc.] and will distribute via [campus wide] [community] [other] email
systems information about Vendor’s proposed Network offerings and how potential
retail customers can make the desired commitments. In addition, the RE will provide
assistance in identifying student housing and private Multi Dwelling Units (MDUs) within
the Service Area. [An initial list of such entities and contact information for key
personnel is attached as Schedule 1.4.8]
1.4.9 Other Assets, Facilities, Services
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The RE will provide Vendor with access to other assets and services that are owned or
controlled by the RE, and that will assist Vendor in lowering the overall risk by reducing
the cost structure and shortening the design and construction schedule. These include:
● [[Low or no cost] access to GIS data, street maps, maps of terrain, GPS
coordinates and locating services.
● Access to other communications networks through existing peering and traffic
exchange agreements]
1.5 Regulatory and Other Forms of Assistance to be provided by REs
RE will provide Vendor with access to:
● Assistance from RE FTE employees for planning, network mgmt., etc.
● A single point of contact ("SPOC") for Vendor, which SPOC will be responsible for
addressing all issues related to the Network, providing coordination across RE
departments, ensuring the full cooperation of all RE departments with respect to
relevant issues on the Network and serving as a communications and
troubleshooting resource for Vendor.
1.5.1 Expedited Permitting
RE will provide Vendor with quick, diligent review of all applications for permits,
including permits necessary for construction work on the Network within RE rights-ofway and in connection with RE assets or infrastructure. This includes a commitment to
review and respond to any subsequent modifications or similar documents that may
require approval by REs within ____ (__) working days of submission by Vendor.
1.5.2 Expedited Inspection
RE will provide Vendor with a dedicated inspection team for inspection of all
work performed on the Network.
1.5.3 Other
RE will provide Vendor with information about existing funds, grants and contracts that
can be redirected to this program. RE will also apply for or provide assistance in
applying for available grants or loans to defray Network expenses, such those for local
economic development.
1.6 Relationship between Vendor and REs
The Vendor will be an independent contractor that provides all design, construction
and operation services for the Network.
1.6.1 Ownership of Network
The REs will own the Network.
2. Services Sought
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2.1 Description of Services Sought
The REs seek a Vendor to design, build, install, own, operate and manage a complete
turnkey high-speed communications Network within the Service Area. The system shall
be a fully operational high speed communications network using Internet protocol
technology and allowing users access to and from the Internet and access to other
services as required. The RFP does not require a specific technology, but the REs expect
that most potential vendors will propose Fiber-to-the-home Active E, GPON and/or
WDM/PON technologies to provide gigabit service to households, businesses and
institutions throughout the Service Area. This system must include all active and passive
infrastructure, including fiber cabling, active repeater equipment, uninterruptible power
supplies, network cross-connections, software, ancillary equipment, and ongoing main
tenancy.
Services rendered must include complete system design, engineering, operation,
monitoring, maintenance, and enhancement, as well as negotiation and execution of
access agreements with retail services providers. The Network rollout will be based
upon demonstrated demand by community residents and businesses, and the
availability of necessary infrastructure. The Network design and operation must provide
an open access framework that [maximizes] [enables] [supports] wholesale and retail
service delivery and competition.
2.2 Scope of work
Vendor shall design, build, install, own, operate and manage the Network. The Network
shall have the following features and functionality.
[Network Requirements
Vendor’s response shall identify the specific network characteristics it plans for
 Minimum capacity (in terms of number of fibers and/or bandwidth capacity) for
(i) the backbone or metropolitan area ring, (ii) residential users, (iii)
enterprises/institutional users, (iv) government institutions/public safety users
 Any other network-wide characteristics desired.]
Services on Wholesale Open Network







Development and implementation of open access structure for wholesale and
retail service delivery and competition
Bandwidth and technology gateway with caching for access to cloud based triple
play and over-the-top (OTT) services (online delivery of video and audio content)
Wholesale billing and settlement services
Wholesale Internet access service
Physical and logical layer network service access
Dedicated wave/VLAN services
Secure IP intranet services
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Public Safety Services
 Dedicated public safety service network
 Secure public safety access
 Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on
other public structures)
2.3 Response to Scope of Work
Each potential vendor shall submit a business and technical plan describing its approach
to the project described in this RFP. The business plan shall describe the Vendor’s
approach to design, construction, operation and management of the Network and the
services to be provided over the Network in sufficient detail to allow the RE to
effectively consider the proposal. The Vendor shall also include a description of the dayto-day operations and the management of all responsibilities related to the project and
explain how the Vendor will fulfill the scope of work in Section 2.2. This should include,
at a minimum, the following:
●
Technology: A description of the network technologies underlying the proposed
network solution(s) included in the response. Each description should include
the following information:
○ Technologies proposed and the limitations of each technology, and if a
variety of technologies are contemplated, a discussion of the factors
likely to influence the choice of technologies;
○ As much detail as possible regarding the network design including, but
not limited to: network design criteria, network elements, architecture,
protocols, system reliability, availability, and operations and
maintenance; and
○ Network performance characteristics, including the range of offerings,
the capacity and other factors relevant for each proposed solution.
●
Service offerings: A description of proposed wholesale or retail service offerings
that the Vendor anticipates offering to institutional, business and residential
customers.
○ Broadband service offerings (type of broadband service, speed tiers,
differences between business and residential offerings)
○ Ancillary service offerings (including those identified in Section 2.2) that
may be provided by the Vendor
○ Pricing strategy
○ Explanation of Vendor’s willingness to work with the RE to develop
unique pricing or packages for key community stakeholders and
populations (e.g., government, university facilities, K-12 facilities,
economically distressed areas)
●
Rollout strategy: A discussion of the anticipated deployment strategy, scope and
timing of the proposed rollout. The discussion should identify the levels of
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committed demand necessary to trigger rollout obligations and any factors likely
to influence the scope or timing of the rollout, and explain how those factors
impact the strategy.
●
Roles and Responsibilities: A description of the roles and responsibilities
envisioned for Vendor, Vendor team members (if any), REs, and third parties (if
applicable) for each of the following:
○ Network design
○ Network construction
○ Network operations and management
○ Community outreach and customer acquisition
○ [other]
●
Financial Projections: The business plan should include a pro forma financial
statement, identifying projected capital outlays, ongoing operational costs, and
expected revenues from wholesale and retail services for at least the first [five]
[ten] years of construction and operation. The plan should identify and quantify
all key assumptions underlying the calculations.
2.1.1 Breakdown of Project Tasks and Components
[TBD]
2.2 Breakdown of Biddable Components
[TBD if bidders can bid on less than entire project]
2.3 Project Schedule
[TBD]
2.4 Vendor Qualifications
● Experience in high speed network design and operation – Vendor should provide
a statement of experience highlighting [at least X] similar network systems that it
has designed, constructed and operated, including project name, location, size,
technology used, and name and phone number for reference contacts. Also
indicate whether each system is owned by the Vendor or another entity.
1. Financial Stability – Vendor shall submit its two most recent annual financial
statements in order to permit analysis of its financial resources. If financial
statements are unavailable due to confidentiality reasons, submit recent D&B
reports. If Vendor is part of a team, the two most recent annual financial
statements for each team member should be submitted. If the Vendor’s
response includes vendor financing or committed bank or other financing, the
two most recent annual financial statements of such equipment vendors and
financial institutions should be submitted. [In addition, each Vendor or team
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shall provide a bond in the amount of $____________to guarantee
satisfactory completion of the project.]
●
Staff Technical and Managerial Experience – include a statement of experience
and resumes of the project team, including the project manager and other key
personnel who will be assigned to this project. Also include a list of any known
or anticipated subcontractors along with their roles and responsibilities.
● [Evidence of Legal Capacity – include copies of Vendor’s most recent federal and
[name of RE state] annual reports and current licenses to provide
telecom/communications services, together with a certification that all [state]
business and regulatory registrations/filings/taxes are current, and all internal
corporate documents are kept and up to date (e.g. meeting minutes, bylaws,
etc.).]
3. Administrative Issues
3.1 Availability of the RFP and Amendments
Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the
project website at: http://www.____________.org. Amendments to the RFP will be
posted on the project website at: http://________.org. Any amendments supersede
prior provisions and are effective upon posting on the project website, and each
potential bidder is responsible for checking the website to learn of any amendments.
3.2 Questions about the RFP
The primary RFP contact for the RE project team is:
.
All general correspondence and any questions about this RFP must be submitted in
writing to [him] [her] at ____@_________.org. The RE project team will not entertain
any oral contacts regarding this RFP. The last date for questions will be 5:00 pm
Eastern Time on _____________________. All questions will be considered to be public
and released with an answer at https://www. .org/questions as expeditiously as
possible. The identity of the person posing the question will not be disclosed.
Vendors should not contact any RE directly. Any attempts to contact RE staff regarding
this RFP other than via this email process may be grounds for the RE to reject your
submission.
3.3 Additional Material
Vendors are encouraged to review the following material prior to submitting their
proposals.


Application Fact Sheet:
[Other] [E.g., applicable statutes, regulations, BTOP grants, etc.] [
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3.4 Informational Session
There will be an informational session for potential Vendors on ___________ from __
to ___ at ________________. [Describe scope of issues to be addressed at the session.]
3.5 Proposal Format and Certification
Proposals should be organized in the same sequence as Part 2 of this RFP with
responses referencing the appropriate corresponding RFP item(s). Vendors should
respond to each item at the level of detail at which each is presented or list a variance
with a particular item and propose alternate terms and, as applicable, and supply any
supportive detail. Proposals not conforming to the proper format or failure to respond
to any required items may result in a Vendor’s disqualification and/or rejection of the
proposal. Where the Vendor is requested to supply information, include that
information in the body of the proposal, or reference the attachment where it is
included.
A duly authorized officer or agent of the Vendor must sign the proposal. Proposals that
are not signed will not be considered. In the case where multiple vendors team to
present a proposal, a signature by a duly authorized officer or agent of each entity is
required on the proposal, though one entity should be designated the lead entity in the
proposal. The lead entity will be the contracting Vendor and will be responsible for
subcontracting with its partners.
3.6 Project Calendar
Anticipated Event Dates








RFP Advertised and issued:
Proposals Due:
Proposal Evaluation Completed by:
Interviews with finalist firms no later than:
Award and Letter of Intent for Contract no later than:
Selected firm begins work no later than:
Contract finalized no later than:
First progress report due:
3.7 Proposal Due Date and Submission
Proposals are due by 5 p.m. local time on_____________. Proposals received after the
deadline will not be considered. Proposals must be submitted electronically [or via
priority or certified mail. Two (2) hard copies and one (1) complete electronic version
are required for any proposal submitted in hard copy format]. Faxed proposals will not
be accepted. Vendors assume the risk of the methods of dispatch or delivery chosen.
Office hours for receipt of mailed or expressed proposals are: Monday through Friday,
8:00 am - 5:00 pm [EDT).
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Electronic proposals must be submitted by email to ___________.org or through
____________ or other similar large file sharing service. All electronic files must be
submitted in editable format in order to facilitate evaluation and planning. Word, Excel,
GIS and PDF formats are acceptable.
3.8 Process and Criteria for Evaluation of Proposals
Proposals will be opened and reviewed internally at the convenience of the RE. All
proposals will be evaluated and, at RE discretion, an award made to the Vendor who
demonstrates the best ability to meet the overall goals of the project, with particular
emphasis on the ability to fulfill the scope of work in the most timely and efficient
manner. The RE team will initially assess the qualifications of each Vendor submitting a
proposal and rank the proposal according to the following point system:
[Note to REs: We have not provided a suggested weighting of factors in this draft, as
that is a subject judgment that will vary greatly from community to community.]
Qualifications Evaluation Criteria
Quality of response
Upfront investment by vendor
Experience of project team
References
Vendor experience
Financial strength of Vendor
Feasibility of Vendor financial proposal
[Other qualifications criteria]
Total Possible Points:
100
Other Project Evaluation Criteria
In addition to the qualification criteria, the RE will examine the extent to which each
proposal meets the criteria below, which are not listed in order of importance. The RE
will then undertake a comparative assessment of all proposals in order to make a
decision as to which proposal(s) should be selected [for further analysis and
negotiation]. ____________, following consultation with _______, will be the final
decision maker. Within the framework of an overarching value-for-money assessment,
the evaluation criteria against which proposals will be assessed are:
1.
the extent to which the proposal meets the RE’s objectives for the Network
(as set out in Section 2.__) (including, but not limited to, buildout
requirements/selection of neighborhoods, the level of pre-construction
demand commitment required to trigger buildout for specific areas, and the
proposed price point if demand levels are met);
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2.
3.
4.
5.
the capability of the Vendor to design, construct, finance, maintain, upgrade
and operate the Network;
the nature, scope and impact of any local community legislative and/or
regulatory changes that are necessary to facilitate the proposal;
the cost to the RE of the proposal;
the acceptability of the contract terms and conditions proposed by the
Vendor and the extent to which the proposal departs from the RFP and from
the RE’s proposed commercial terms (if any).
[Once the comparative assessment of the proposals is complete, the RE will select the
[two] highest-ranked for further negotiations. It will select one at the completion of
such negotiations.]
3.9 Clarification of Proposals
Notwithstanding any other provision of this RFP, RE reserves the right to:
1. Conduct discussions with any or all potential vendors for the purpose of
clarification of proposals;
2. Waive, or decline to waive, any defect in any proposal;
3. Accept, reject, or negotiate any or all proposals or the terms of any proposal,
or any parts thereof, for the purpose of obtaining the best and final offer;
4. Cancel or amend this RFP or issue other requests for proposals;
5. Select a Vendor or Vendors based on its analysis and evaluation of proposals
submitted and request presentations on proposals if it believes further
information is appropriate to the decision-making process;
6. Select no proposals at all; or
7. Use any and all concepts presented in any proposal to obtain the most
beneficial and effective path to achieving its desired goals for the project.
3.10 Negotiation and Execution of Contracts
The selected Vendor agrees to execute [a contract consistent with the terms of this
RFP] [the contract provided in conjunction with this RFP] as modified for the proposal
specifics within _______________ of the award. If the parties are not able to reach
agreement and execute a contract within ______ (__) days of the award, the RE may
declare the award void and may select another Vendor or issue a new RFP.
[The negotiated contract will include a requirement for the Vendor to provide a bond
(or other form of financial assurance) in order to ensure that the RE does not have to
assume unanticipated costs of finishing the project. The purpose is to prevent the
Vendor from “walking off the job.”]
3.11 Commencement of Work
The submission of a proposal in response to the RFP, and the subsequent evaluation of
that response by the RE, does not constitute a contract or any type of agreement
between the RE and any Vendor for the commencement of work or the performance of
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any obligation. Only a written contract with the RE will authorize the commencement of
work or obligate the RE on this project.
3.12 Use of Subcontractors
Vendors may use subcontractors to fulfill any obligations in connection with the project.
Use of subcontractors shall be subject to all applicable state and federal laws. A Vendor
shall remain liable for fulfilling all its obligations on the project, and for any claims or
damages arising from the subcontractor’s work.
[Note to REs: The contract negotiated with the Vendor will contain standard
provisions for the Vendor to indemnify the RE for costs incurred in any litigation
brought by a subcontractor.]
3.13 Miscellaneous Provisions
3.13.1 Proposal Costs
Responding vendors are responsible for all expenses they incur in preparing and
submitting a proposal or in contract negotiations with the RE. Even if it elects to reject
all proposals, the RE will not be liable for any costs or damages incurred by any vendor
in preparing and submitting a proposal.
3.13.2 Applicable Statutes
The RE is [or some members of the RE are] a public entity. As a result, this RFP is subject
to a variety of public procurement requirements, including but not limited to federal
and state records disclosure statutes referenced above and the following: [RE to
select/expand the list and provide specific statutory references]
 Small Business obligations
 Local Business obligations
 Minority Business obligations
 Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
 Economic Development Zone Small Businesses
 Woman-Owned Small Businesses (WOSBs)
 Union/Non-union labor use
 [Other state/county/municipal requirements]
3.13.3 Errors and Omissions in a Proposal
The responding vendor is responsible for all errors and omissions in its proposal. If it
discovers an error and wishes to withdraw its proposal, the responding vendor should
notify the RE immediately. [Depending on the stage of the process, the vendor may be
liable for costs incurred by the RE in analyzing the proposal or negotiating a contract.]
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3.13.4 Errors and Omissions in the RFP
If the RE becomes aware of an error or omission in the RFP, it will post a notice on the
website. If it discovers and error or omission after the proposals are submitted, it may
in its discretion proceed or reissue the RFP. Even if it elects to rebid the RFP, the RE will
not be liable for any costs or damages incurred by any vendor in preparing and
submitting the original proposal.
3.13.5 Objections to RFP Terms
Any objections to RFP terms must be conveyed in writing to [the address for RFP
questions] and must be submitted by the deadline for submission of questions about
the RFP in Section 3.2 above.
3.13.6 Acceptance of RFP/Proposal Content
By submitting a proposal, a Vendor certifies that it has read, understood, and agreed to
all requirements, terms, and conditions in this RFP, including any and all attachments,
exhibits, and appendices. A Vendor may withdraw its proposal prior to the RFP
response deadline.
3.13.7 No Waiver of RFP Provisions
The RE may, but is under no obligation to, waive any provision in this RFP at the request
of a potential Vendor. Any such waiver shall apply to all potential bidders, and no
waiver shall constitute a waiver of any provision not specifically referenced therein.
3.13.8 Ownership and Confidentiality of Proposals
The RE will not pay for any information requested herein, and all proposals submitted
become the property of the RE. Proposals will not be returned and may be subject to
disclosure pursuant to the federal Freedom of Information Act and/or the [state] Public
Records Act. The RE may receive information that may be confidential as part of your
response. If you believe that any portion of your proposal includes proprietary or other
confidential information, please clearly mark it as such and state the basis for your claim
to confidential treatment. Unless otherwise required by law, RE will treat the
information as confidential and will not disclose it to a third party without your
permission. However, pricing and other information that is an integral part of the
proposal will likely not be considered confidential after an award has been made.
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Structural Separation (ii) Model
This RFP Framework is for a network partially owned by a public entity, with a private
Vendor operating a wholesale network. The RFP seeks services for a Construction,
Operation and Maintenance of a wholesale network, contemplating that the responding
vendor may maintain equity in the network. Each of these functions could potentially be
performed by different entities, so the REs should decide as part of the RFP drafting
process whether they want to segment the project and permit Vendors to bid on
different services segments.
1. Introduction
1.1 Network Background
The Requesting Entity[ies] (REs) are requesting proposals from Vendors to build,
manage and operate an open access next generation communications network
(“Network”) that will provide next generation Internet access service to businesses,
homes, and community institutions within the Service Area. A baseline of 1 Gbps
symmetric service will serve as the definition of “next generation” service for this RFP.
The REs will provide a variety of forms of support, including (but not necessarily limited
to): (i) streamlining access to infrastructure, rights-of-way and inspections; (ii) assistance
in demand aggregation; (iii) long-term contracts and support for development of high
bandwidth applications to drive adoption; (iv) marketing assistance (including working
directly with Vendors, local business leaders and community leaders to increase the
revenue opportunities and lower the costs associated with constructing and operating
the Network); (v) revising local rules, regulations or requirements to decrease the cost
to deploy or operate the Network; and (vi) collaboration with local research and
education networks.
By open access, the REs mean that the Network facilitates competition through
reasonable and non-discriminatory access arrangements that (i) ensure equivalence of
price and non-price terms and conditions for all retail services providers and (ii) permit
such providers to differentiate their product offerings. In addition, the Vendor must not
limit the ability of retail service providers or their customers to run applications, use
services and connect devices of their choice to the Network. The selected Vendor will
operate the Network on a wholesale basis, and it may, but need not, provide vertically
integrated retail services. However, if it chooses to do so, it will have to implement the
open access requirement to ensure that retail services competitors will be given
treatment equal to that it provides to itself.
The Vendor will bear all of the costs for the Network, including but not limited to
design, engineering, construction, equipment and insurance for the Network, up to the
end user drop point or network interface device. In addition, the Vendor will bear all
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the operating and maintenance costs of the Network. In addition, Vendor should
demonstrate a clear upgrade path for the Network to meet future consumer demand
and service developments to at least 2016 and preferably beyond.
The REs will not charge Vendor for access to REs's assets and infrastructure except as
set forth herein. The REs will provide [no] [only very limited] funds for the
construction, maintenance and operation of the network. The REs’ specific
contributions are set forth in Part 1.4-1._ of this RFP.
The REs intend the Network to serve as a development platform for innovation, next
generation application development, workforce development and job creation
throughout the Service Area.
1.2 Nature of Entities Issuing RFP
This RFP is issued by the Requesting Entity[ies] (“RE”). [Describe REs: e.g.: _________ is
a nonprofit organization established in ____ to help improve access to
_________________. It is governed by a board of directors representing government,
partner universities, foundations, and others. ]
1.3 Overview
[Note to REs: Keep in mind that this is a template. We have included the references in
Subsections 1.4 and 1.9 to 'small business' and 'small to medium enterprises' as
illustrative of factors that are often of concern to communities or are required by state
law to be factors taken into account in public procurements. These terms will be
defined by the communities or the governing regulations.]
This RFP seeks proposals for the deployment and operation by Vendor of a high-speed
fiber network for the citizens and businesses in the Service Area. The objectives are to
establish a Network that:
10. is able to offer retail broadband services with a guaranteed sustained
minimum 1 Gbps dedicated symmetrical transmission speed over each
connection provided to a premises;
11. is able to support high quality voice, data and video services;
12. uses fiber-to-the-premises network architecture;
13. covers __ per cent of homes and small businesses in the Service Area;
14. is rolled out and made operational progressively, on a demand driven basis,
over ___ years from the date of execution of a contract between the REs
and the Vendor;
15. promotes the long term economic and community interests of the RE and
end users;
16. facilitates competition through open access arrangements;
17. enables low wholesale access prices that reflect underlying costs while
allowing Vendor to earn a rate of return on its investment commensurate
with the risks involved; and
18. facilitates opportunities for small and medium enterprises (SMEs) and local
enterprises to provide services [to the Network] [to the community].
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1.4 Assets, Facilities, Services to be Contributed by REs
[Note to REs: Gig.U recognizes that the assets, facilities and services to be contributed
by REs will vary not only depending on the chosen model, but also within models.
Therefore, in this section, we provide a variety of options. These policy options are not
tied to a particular service model, and REs may use many or only a few, depending on
their specific regulatory and policy situation. In cases where the RE is not a community
or legal entity (i.e. it is a University or other network) with certain assets under its
control, these assets and facilities will necessarily be different. Additional options are
highlighted in yellow.]
RE will provide Vendor with access to the assets, services and infrastructure of RE
identified in Sections 1.4.1-1.5._ below, to the extent they are available and are
needed for deployment of the Network. Infrastructure may include, but will not be
limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities,
central office or switch locations, available land, and other assets and services
identified below.
[There shall be no charges for access to or use of any RE assets, services or
facilities to be provided for this Network, nor will any permit and inspection fees
be imposed by RE, except as set forth in Schedule 1.4.]
[RE will use its best efforts to make such assets, services and facilities available to
Vendor upon request, on commercially reasonable terms. The existing charges for
access to or use of any RE facilities to be provided for this Network, and any
permit and inspection fees be imposed by RE, are as set forth in Schedule 1.4.]
In certain cases identified in the appropriate Schedule, access to fiber, conduit, rights of
way or other assets identified may be conditioned on or require approval from lessors
or other third parties. In such situations, the RE will work with the Vendor to attempt to
obtain any necessary approvals, but it cannot guarantee their receipt.
1.4.1 Fiber
RE will provide Vendor with access to the existing optical fibers owned or leased by the
RE and identified in Schedule 1.4.1. The RE [is] [is not] willing to provide access to this
fiber under an Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to
provide access on a reduced fee or no charge basis.
1.4.2 Conduit
RE will provide Vendor with access to the existing conduit owned or leased by the RE
and identified in Schedule 1.4.2. The process for accessing the conduit is set forth in
Schedule 1.4.2. The RE [is] [is not] willing to provide access to existing conduit under an
Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to waive the
charge for conduit access.
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RE will also cooperate with Vendor in its efforts to obtain expedited access to conduit
owned or controlled by third parties within the Service Area, including [identify specific
government agencies and utilities, together with contact persons, as appropriate].
1.4.3 Existing Networks
In addition to the fibers identified in Section 1.4.1, RE [owns and] operates within the
Service Area communications networks identified in Schedule 1.4.3. The RE also in the
process of [describe any public networks that are planned and their location within the
Service Area.] The RE is willing to negotiate with the Vendor to provide access to [all or
part of] such networks.
1.4.4 Rights of Way
Construction and the installation of equipment in RE rights of way will be subject to a
standard master permit be issued by RE [in the form attached hereto in Schedule 1.4.4].
Subject to existing rights-of way and easements, RE will allow Vendor to have access to
necessary rights-of-way on property owned by RE and property on which it has an
easement. Such access will be provided during regular business hours for nonemergency work and 24x7 for emergency work. This access includes permission to
perform construction work on RE property, including construction in the streets as
needed for the Network. The RE estimates that it takes ___ days to complete all steps
from application to approval of a permit, and it is willing to work with Vendor to
expedite that process.
RE will also cooperate with Vendor in efforts to allow Vendor to gain access to rightsof-way owned or controlled by third parties within the Service Area, including [identify
specific utilities, together with contact persons, if appropriate].
1.4.5 Pole Attachment Rights
[RE does not operate a municipal electric utility or own poles in the Service Area.]
[RE operates a municipal electric utility and owns approximately ____ poles in the
Service Area. The installation of equipment on RE poles will be subject to a standard
permit be issued by RE[, in the form attached hereto as part of Schedule 1.4.5]. The
process for accessing RE poles is set forth in Schedule [1.4.5] and the annual RE pole
attachment fee is $_____ [per pole]. There [is][not] an annual inspection fee of $____
[per pole]. RE is [not] willing to consider reducing or foregoing [some] [all] of these
fees as a contribution to the Network.]
RE will cooperate with and assist Vendor in its efforts to gain access to poles owned or
controlled by third parties within the Service Area, including [identify specific utilities,
cable MSOs and telecom carriers, together with contact persons, if appropriate].
1.4.6 Space and power
RE will make space available to Vendor in RE facilities for the installation of central
office ("CO") equipment and for additional network facilities, in locations to be
determined as part of the network design. In addition, RE will provide electrical
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power necessary for Vendor's equipment at RE locations. [RE will not charge
Vendor for such space, power or related services except as set forth in Schedule
1.4.6].
1.4.7 RE Contracts for Services and Assistance in Identifying and Generating
Institutional and Enterprise Demand
The REs [intend to make] [are willing to negotiate] long-term individual commitments to
purchase network services needed for RE operations (e.g., transmission capacity,
Internet access, voice, video, security monitoring, cloud computing and storage) through
the Network.
[Note to REs: make the commitment as concrete as possible, e.g., by identifying
existing RE spending for network services that could be shifted to the new network
and the likely or guaranteed spend/purchase levels for each RE over defined periods.]
RE will provide Vendor with assistance in identifying [and contacting] other entities in
the Service Area that are candidates to enter into long term contracts (2 years or more)
for fiber or network services. Such potential anchor tenants include other educational
institutions, large employers and other enterprises. [An initial list of such entities and
contact information for key personnel is attached as Schedule 1.4.7.]
1.4.8 Retail Marketing Assistance
The RE will assist Vendor’s pre-construction efforts to market to and obtain
commitments for Network services (primarily Internet access) from households and
small businesses in the Service Area. RE will provide Vendor with access to [voter lists,
email addresses, etc.] and will distribute via [campus wide] [community] [other] email
systems information about Vendor’s proposed Network offerings and how potential
retail customers can make the desired commitments. In addition, the RE will provide
assistance in identifying student housing and private Multi Dwelling Units (MDUs) within
the Service Area. [An initial list of such entities and contact information for key
personnel is attached as Schedule 1.4.8]
1.4.9 Other Assets, Facilities, Services
The RE will provide Vendor with access to other assets and services that are owned or
controlled by the RE, and that will assist Vendor in lowering the overall risk by reducing
the cost structure and shortening the design and construction schedule. These include:
● [[Low or no cost] access to GIS data, street maps, maps of terrain, GPS
coordinates and locating services.
● Access to other communications networks through existing peering and traffic
exchange agreements]
1.5 Regulatory and Other Forms of Assistance to be provided by REs
RE will provide Vendor with access to:
● Assistance from RE FTE employees for planning, network mgmt., etc.
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●
A single point of contact ("SPOC") for Vendor, which SPOC will be responsible for
addressing all issues related to the Network, providing coordination across RE
departments, ensuring the full cooperation of all RE departments with respect to
relevant issues on the Network and serving as a communications and
troubleshooting resource for Vendor.
1.5.1 Expedited Permitting
RE will provide Vendor with quick, diligent review of all applications for permits,
including permits necessary for construction work on the Network within RE rights-ofway and in connection with RE assets or infrastructure. This includes a commitment to
review and respond to any subsequent modifications or similar documents that may
require approval by REs within ____ (__) working days of submission by Vendor.
1.5.2 Expedited Inspection
RE will provide Vendor with a dedicated inspection team for inspection of all
work performed on the Network.
1.5.3 Other
RE will provide Vendor with information about existing funds, grants and contracts that
can be redirected to this program. RE will also apply for or provide assistance in
applying for available grants or loans to defray Network expenses, such those for local
economic development.
1.6 Relationship between Vendor and REs
The Vendor will be an independent contractor that provides all design, construction
and operation services for the Network.
1.6.1 Ownership of Network
The REs will have an ownership stake in the entity that owns and operates the
Network. The scope and nature of the ownership stake are open to negotiation.
2. Services Sought
2.1 Description of Services Sought
The REs seek a Vendor to design, build, install, own, operate and manage a complete
turnkey high-speed communications Network within the Service Area. The system shall
be a fully operational high speed communications network using Internet protocol
technology and allowing users access to and from the Internet and access to other
services as required. The RFP does not require a specific technology, but the REs expect
that most potential vendors will propose Fiber-to-the-home Active E, GPON and/or
WDM/PON technologies to provide gigabit service to households, businesses and
institutions throughout the Service Area. This system must include all active and passive
infrastructure, including fiber cabling, active repeater equipment, uninterruptible power
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supplies, network cross-connections, software, ancillary equipment, and ongoing main
tenancy.
Services rendered must include complete system design, engineering, operation,
monitoring, maintenance, and enhancement, as well as negotiation and execution of
access agreements with retail services providers. The Network rollout will be based
upon demonstrated demand by community residents and businesses, and the
availability of necessary infrastructure. The Network design and operation must provide
an open access framework that [maximizes] [enables] [supports] wholesale and retail
service delivery and competition.
2.2 Scope of work
Vendor shall design, build, install, own, operate and manage the Network. The Network
shall have the following features and functionality.
[Network Requirements
Vendor’s response shall identify the specific network characteristics it plans for
o Minimum capacity (in terms of number of fibers and/or bandwidth
capacity) for (i) the backbone or metropolitan area ring, (ii) residential
users, (iii) enterprises/institutional users, (iv) government
institutions/public safety users
o Any other network-wide characteristics desired.]
Services on Wholesale Open Network
 Development and implementation of open access structure for wholesale and
retail service delivery and competition
 Bandwidth and technology gateway with caching for access to cloud based triple
play and over-the-top (OTT) services (online delivery of video and audio content)
 Wholesale billing and settlement services
 Wholesale Internet access service
 Physical and logical layer network service access
 Dedicated wave/VLAN services
 Secure IP intranet services
Public Safety Services
● Dedicated public safety service network
● Secure public safety access
● Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on
other public structures)
2.3 Response to Scope of Work
Each potential vendor shall submit a business and technical plan describing its approach
to the project described in this RFP. The business plan shall describe the Vendor’s
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approach to design, construction, operation and management of the Network and the
services to be provided over the Network in sufficient detail to allow the RE to
effectively consider the proposal. The Vendor shall also include a description of the dayto-day operations and the management of all responsibilities related to the project and
explain how the Vendor will fulfill the scope of work in Section 2.2. This should include,
at a minimum, the following:
●
Technology: A description of the network technologies underlying the proposed
network solution(s) included in the response. Each description should include
the following information:
○ Technologies proposed and the limitations of each technology, and if a
variety of technologies are contemplated, a discussion of the factors
likely to influence the choice of technologies;
○ As much detail as possible regarding the network design including, but
not limited to: network design criteria, network elements, architecture,
protocols, system reliability, availability, and operations and
maintenance; and
○ Network performance characteristics, including the range of offerings,
the capacity and other factors relevant for each proposed solution.
●
Service offerings: A description of proposed wholesale or retail service offerings
that the Vendor anticipates offering to institutional, business and residential
customers.
○ Broadband service offerings (type of broadband service, speed tiers,
differences between business and residential offerings)
○ Ancillary service offerings (including those identified in Section 2.2) that
may be provided by the Vendor
○ Pricing strategy
○ Explanation of Vendor’s willingness to work with the RE to develop
unique pricing or packages for key community stakeholders and
populations (e.g., government, university facilities, K-12 facilities,
economically distressed areas)
●
Rollout strategy: A discussion of the anticipated deployment strategy, scope and
timing of the proposed rollout. The discussion should identify the levels of
committed demand necessary to trigger rollout obligations and any factors likely
to influence the scope or timing of the rollout, and explain how those factors
impact the strategy.
●
Roles and Responsibilities: A description of the roles and responsibilities
envisioned for Vendor, Vendor team members (if any), REs, and third parties (if
applicable) for each of the following:
○ Network design
○ Network construction
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○
○
○
●
Network operations and management
Community outreach and customer acquisition
[other]
Financial Projections: The business plan should include a pro forma financial
statement, identifying projected capital outlays, ongoing operational costs, and
expected revenues from wholesale and retail services for at least the first [five]
[ten] years of construction and operation. The plan should identify and quantify
all key assumptions underlying the calculations.
2.1.1 Breakdown of Project Tasks and Components
[TBD]
2.2 Breakdown of Biddable Components
[TBD if bidders can bid on less than entire project]
2.3 Project Schedule
[TBD]
●
●
●
●
2.4 Vendor Qualifications
Experience in high speed network design and operation – Vendor should provide
a statement of experience highlighting [at least X] similar network systems that it
has designed, constructed and operated, including project name, location, size,
technology used, and name and phone number for reference contacts. Also
indicate whether each system is owned by the Vendor or another entity.
Financial Stability – Vendor shall submit its two most recent annual financial
statements in order to permit analysis of its financial resources. If financial
statements are unavailable due to confidentiality reasons, submit recent D&B
reports. If Vendor is part of a team, the two most recent annual financial
statements for each team member should be submitted. If the Vendor’s
response includes vendor financing or committed bank or other financing, the
two most recent annual financial statements of such equipment vendors and
financial institutions should be submitted. [In addition, each Vendor or team
shall provide a bond in the amount of $____________to guarantee satisfactory
completion of the project.]
Staff Technical and Managerial Experience – include a statement of experience
and resumes of the project team, including the project manager and other key
personnel who will be assigned to this project. Also include a list of any known
or anticipated subcontractors along with their roles and responsibilities.
Evidence of Legal Capacity – include copies of Vendor’s most recent federal and
[name of RE state] annual reports and current licenses to provide
telecom/communications services, together with a certification that all [state]
business and regulatory registrations/filings/taxes are current, and all internal
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corporate documents are kept and up to date (e.g. meeting minutes, bylaws,
etc.).
3. Administrative Issues
3.1 Availability of the RFP and Amendments
Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the
project website at: http://www.____________.org. Amendments to the RFP will be
posted on the project website at: http://________.org. Any amendments supersede
prior provisions and are effective upon posting on the project website, and each
potential bidder is responsible for checking the website to learn of any amendments.
3.2 Questions about the RFP
The primary RFP contact for the RE project team is: _________.
All general correspondence and any questions about this RFP must be submitted in
writing to [him] [her] ____@_________.org. The RE project team will not entertain any
oral contacts regarding this RFP. The last date for questions will be 5:00 pm Eastern
Time on _____________________. All questions will be considered to be public and
released with an answer at https://www. .org/questions as expeditiously as possible.
The identity of the person posing the question will not be disclosed.
Vendors should not contact any RE directly. Any attempts to contact RE staff regarding
this RFP other than via this email process may be grounds for the RE to reject your
submission.
3.3 Additional Material
Vendors are encouraged to review the following material prior to submitting their
proposals.

Application Fact Sheet:

[Other] [E.g., applicable statutes, regulations, BTOP grants, etc.]
3.4 Informational Session
There will be an informational session for potential Vendors on ___________ from __
to ___ at ________________. [Describe scope of issues to be addressed at the session.]
3.5 Proposal Format and Certification
Proposals should be organized in the same sequence as Part 2 of this RFP with
responses referencing the appropriate corresponding RFP item(s). Vendors should
respond to each item at the level of detail at which each is presented or list a variance
with a particular item and propose alternate terms and, as applicable, and supply any
supportive detail. Proposals not conforming to the proper format or failure to respond
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to any required items may result in a Vendor’s disqualification and/or rejection of the
proposal. Where the Vendor is requested to supply information, include that
information in the body of the proposal, or reference the attachment where it is
included.
A duly authorized officer or agent of the Vendor must sign the proposal. Proposals that
are not signed will not be considered. In the case where multiple vendors team to
present a proposal, a signature by a duly authorized officer or agent of each entity is
required on the proposal, though one entity should be designated the lead entity in the
proposal. The lead entity will be the contracting Vendor and will be responsible for
subcontracting with its partners.
3.6 Project Calendar
Anticipated Event Dates
 RFP Advertised and issued:
 Proposals Due:
 Proposal Evaluation Completed by:
 Interviews with finalist firms no later than:
 Award and Letter of Intent for Contract no later than:
 Selected firm begins work no later than:
 Contract finalized no later than:
 First progress report due:
3.7 Proposal Due Date and Submission
Proposals are due by 5 p.m. local time on_____________. Proposals received after the
deadline will not be considered. Proposals must be submitted electronically [or via
priority or certified mail. Two (2) hard copies and one (1) complete electronic version
are required for any proposal submitted in hard copy format]. Faxed proposals will not
be accepted. Vendors assume the risk of the methods of dispatch or delivery chosen.
Office hours for receipt of mailed or expressed proposals are: Monday through Friday,
8:00 am - 5:00 pm (EDT).
Electronic proposals must be submitted by email to ___________.org or through
____________ or other similar large file sharing service. All electronic files must be
submitted in editable format in order to facilitate evaluation and planning. Word, Excel,
GIS and PDF formats are acceptable.
3.8 Process and Criteria for Evaluation of Proposals
Proposals will be opened and reviewed internally at the convenience of the RE. All
proposals will be evaluated and, at RE discretion, an award made to the Vendor who
demonstrates the best ability to meet the overall goals of the project, with particular
emphasis on the ability to fulfill the scope of work in the most timely and efficient
manner. The RE team will initially assess the qualifications of each Vendor submitting a
proposal and rank the proposal according to the following point system:
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[Note to REs: We have not provided a suggested weighting of factors in this draft, as
that is a subject judgment that will vary greatly from community to community.]
Qualifications Evaluation Criteria
Quality of response
Upfront investment by vendor
Experience of project team
References
Vendor experience
Financial strength of Vendor
Feasibility of Vendor financial proposal
[Other qualifications criteria]
Total Possible Points:
100
Other Project Evaluation Criteria
In addition to the qualification criteria, the RE will examine the extent to which each
proposal meets the criteria below, which are not listed in order of importance. The RE
will then undertake a comparative assessment of all proposals in order to make a
decision as to which proposal(s) should be selected [for further analysis and
negotiation]. ____________, following consultation with _______, will be the final
decision maker. Within the framework of an overarching value-for-money assessment,
the evaluation criteria against which proposals will be assessed are:
1.
14.
15.
16.
17.
the extent to which the proposal meets the RE’s objectives for the Network
(as set out in Section 2.__) (including, but not limited to, buildout
requirements/selection of neighborhoods, the level of pre-construction
demand commitment required to trigger buildout for specific areas, and the
proposed price point if demand levels are met);
the capability of the Vendor to design, construct, finance, maintain, upgrade
and operate the Network;
the nature, scope and impact of any local community legislative and/or
regulatory changes that are necessary to facilitate the proposal;
the cost to the RE of the proposal;
the acceptability of the contract terms and conditions proposed by the
Vendor and the extent to which the proposal departs from the RFP and from
the RE’s proposed commercial terms (if any).
[Once the comparative assessment of the proposals is complete, the RE will select the
[two] highest-ranked for further negotiations. It will select one at the completion of
such negotiations.]
3.9 Clarification of Proposals
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Notwithstanding any other provision of this RFP, RE reserves the right to:
1. Conduct discussions with any or all potential vendors for the purpose of
clarification of proposals;
2. Waive, or decline to waive, any defect in any proposal;
3. Accept, reject, or negotiate any or all proposals or the terms of any proposal,
or any parts thereof, for the purpose of obtaining the best and final offer;
4. Cancel or amend this RFP or issue other requests for proposals;
5. Select a Vendor or Vendors based on its analysis and evaluation of proposals
submitted and request presentations on proposals if it believes further
information is appropriate to the decision-making process;
6. Select no proposals at all; or
7. Use any and all concepts presented in any proposal to obtain the most
beneficial and effective path to achieving its desired goals for the project.
3.10 Negotiation and Execution of Contracts
[Note to REs: We have not attempted to develop a template contract. Communities
may wish to do so in order to control the drafting and negotiating process. The
negotiated contract will include a requirement for the Vendor to provide a bond (or
other form of financial assurance) in order to ensure that the RE does not have to
assume unanticipated costs of finishing the project. The purpose is to prevent the
Vendor from “walking off the job.”]
The selected Vendor agrees to execute [a contract consistent with the terms of this
RFP] [the contract provided in conjunction with this RFP] as modified for the proposal
specifics within _______________ of the award. If the parties are not able to reach
agreement and execute a contract within ______ (__) days of the award, the RE may
declare the award void and may select another Vendor or issue a new RFP.
3.11 Commencement of Work
The submission of a proposal in response to the RFP, and the subsequent evaluation of
that response by the RE, does not constitute a contract or any type of agreement
between the RE and any Vendor for the commencement of work or the performance of
any obligation. Only a written contract with the RE will authorize the commencement of
work or obligate the RE on this project.
3.12 Use of Subcontractors
Vendors may use subcontractors to fulfill any obligations in connection with the project.
Use of subcontractors shall be subject to all applicable state and federal laws. A Vendor
shall remain liable for fulfilling all its obligations on the project, and for any claims or
damages arising from the subcontractor’s work.
[Note to REs: The contract negotiated with the Vendor will contain standard
provisions for the Vendor to indemnify the RE for costs incurred in any litigation
brought by a subcontractor.]
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3.13 Miscellaneous Provisions
3.13.1 Proposal Costs
Responding vendors are responsible for all expenses they incur in preparing and
submitting a proposal or in contract negotiations with the RE. Even if it elects to reject
all proposals, the RE will not be liable for any costs or damages incurred by any vendor
in preparing and submitting a proposal.
3.13.2 Applicable Statutes
The RE is [or some members of the RE are] a public entity. As a result, this RFP is subject
to a variety of public procurement requirements, including but not limited to federal
and state records disclosure statutes referenced above and the following: [RE to
select/expand the list and provide specific statutory references]
 Small Business obligations
 Local Business obligations
 Minority Business obligations
 Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
 Economic Development Zone Small Businesses
 Woman-Owned Small Businesses (WOSBs)
 Union/Non-union labor use
 [Other state/county/municipal requirements]
3.13.3 Errors and Omissions in a Proposal
The responding vendor is responsible for all errors and omissions in its proposal. If it
discovers an error and wishes to withdraw its proposal, the responding vendor should
notify the RE immediately. [Depending on the stage of the process, the vendor may be
liable for costs incurred by the RE in analyzing the proposal or negotiating a contract.]
3.13.4 Errors and Omissions in the RFP
If the RE becomes aware of an error or omission in the RFP, it will post a notice on the
website. If it discovers and error or omission after the proposals are submitted, it may
in its discretion proceed or reissue the RFP. Even if it elects to rebid the RFP, the RE will
not be liable for any costs or damages incurred by any vendor in preparing and
submitting the original proposal.
3.13.5 Objections to RFP Terms
Any objections to RFP terms must be conveyed in writing to [the address for RFP
questions] and must be submitted by the deadline for submission of questions about
the RFP in Section 3.2 above.
3.13.6 Acceptance of RFP/Proposal Content
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By submitting a proposal, a Vendor certifies that it has read, understood, and agreed to
all requirements, terms, and conditions in this RFP, including any and all attachments,
exhibits, and appendices. A Vendor may withdraw its proposal prior to the RFP
response deadline.
3.13.7 No Waiver of RFP Provisions
The RE may, but is under no obligation to, waive any provision in this RFP at the request
of a potential Vendor. Any such waiver shall apply to all potential bidders, and no
waiver shall constitute a waiver of any provision not specifically referenced therein.
3.13.8 Ownership and Confidentiality of Proposals
The RE will not pay for any information requested herein, and all proposals submitted
become the property of the RE. Proposals will not be returned and may be subject to
disclosure pursuant to the federal Freedom of Information Act and/or the [state] Public
Records Act. Pricing and other information that is an integral part of the proposal
cannot be considered confidential after an award has been made. The RE may receive
information that may be confidential as part of your response. If you believe that any
portion of your proposal includes proprietary or other confidential information, please
clearly mark it as such and state the basis for your claim to confidential treatment.
Unless otherwise required by law, RE will treat the information as confidential and will
not disclose it to a third party without your permission. However, pricing and other
information that is an integral part of the proposal will likely not be considered
confidential after an award has been made
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Structural Separation (iii) Model
This RFP Framework is for a network not owned by a public entity, with a private Vendor
operating an open access wholesale network. The RFP seeks services for a Construction,
Operation and Maintenance of a wholesale network, contemplating that the responding
vendor will own the network. Each of these functions could potentially be performed by
different entities, so the REs should decide as part of the RFP drafting process whether
they want to segment the project and permit Vendors to bid on different services
segments.
1. Introduction
1.1 Network Background
The Requesting Entity[ies] (REs) are requesting proposals from Vendors to build,
manage and operate an open access next generation communications network
(“Network”) that will provide next generation Internet access service to businesses,
homes, and community institutions within the Service Area. A baseline of 1 Gbps
symmetric service will serve as the definition of “next generation” service for this RFP.
The REs will provide a variety of forms of support, including (but not necessarily limited
to): (i) streamlining access to infrastructure, rights-of-way and inspections; (ii) assistance
in demand aggregation; (iii) long-term contracts and support for development of high
bandwidth applications to drive adoption; (iv) marketing assistance (including working
directly with Vendors, local business leaders and community leaders to increase the
revenue opportunities and lower the costs associated with constructing and operating
the Network); (v) revising local rules, regulations or requirements to decrease the cost
to deploy or operate the Network; and (vi) collaboration with local research and
education networks.
By open access, the REs mean that the Network facilitates competition through
reasonable and non-discriminatory access arrangements that (i) ensure equivalence of
price and non-price terms and conditions for all retail services providers and (ii) permit
such providers to differentiate their product offerings. In addition, the Vendor must not
limit the ability of retail service providers or their customers to run applications, use
services and connect devices of their choice to the Network. The selected Vendor will
operate the Network on a wholesale basis, and it may, but need not, provide vertically
integrated retail services. However, if it chooses to do so, it will have to implement the
open access requirement to ensure that retail services competitors will be given
treatment equal to that it provides to itself.
The Vendor will bear all of the costs for the Network, including but not limited to
design, engineering, construction, equipment and insurance for the Network, up to the
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end user drop point or network interface device. In addition, the Vendor will bear all
the operating and maintenance costs of the Network. In addition, Vendor should
demonstrate a clear upgrade path for the Network to meet future consumer demand
and service developments to at least 2016 and preferably beyond.
The REs will not charge Vendor for access to REs's assets and infrastructure except as
set forth herein. The REs will provide [no] [only very limited] funds for the
construction, maintenance and operation of the network. The REs’ specific
contributions are set forth in Part 1.4-1._ of this RFP.
The REs intend the Network to serve as a development platform for innovation, next
generation application development, workforce development and job creation
throughout the Service Area.
1.2 Nature of Entities Issuing RFP
This RFP is issued by the Requesting Entity[ies] (“RE”). [Describe REs: e.g.: _________ is
a nonprofit organization established in ____ to help improve access to
_________________. It is governed by a board of directors representing government,
partner universities, foundations, and others. ]
1.3 Overview
[Note to REs: Keep in mind that this is a template. We have included the references in
Subsections 1.4 and 1.9 to 'small business' and 'small to medium enterprises' as
illustrative of factors that are often of concern to communities or are required by state
law to be factors taken into account in public procurements. These terms will be
defined by the communities or the governing regulations.]
This RFP seeks proposals for the deployment and operation by Vendor of a high-speed
fiber network for the citizens and businesses in the Service Area. The objectives are to
establish a Network that:
19. is able to offer retail broadband services with a guaranteed sustained
minimum 1 Gbps dedicated symmetrical transmission speed over each
connection provided to a premises;
20. is able to support high quality voice, data and video services;
21. uses fiber-to-the-premises network architecture;
22. covers __ per cent of homes and small businesses in the Service Area;
23. is rolled out and made operational progressively, on a demand driven basis,
over ___ years from the date of execution of a contract between the REs
and the Vendor;
24. promotes the long term economic and community interests of the RE and
end users;
25. facilitates competition through open access arrangements;
26. enables low wholesale access prices that reflect underlying costs while
allowing Vendor to earn a rate of return on its investment commensurate
with the risks involved; and
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27. facilitates opportunities for small and medium enterprises (SMEs) and local
enterprises to provide services [to the Network] [to the community].
1.4 Assets, Facilities, Services to be Contributed by REs
[Note to REs: Gig.U recognizes that the assets, facilities and services to be contributed
by REs will vary not only depending on the chosen model, but also within models.
Therefore, in this section, we provide a variety of options. These policy options are not
tied to a particular service model, and REs may use many or only a few, depending on
their specific regulatory and policy situation. In cases where the RE is not a community
or legal entity (i.e. it is a University or other network) with certain assets under its
control, these assets and facilities will necessarily be different. Additional options are
highlighted in yellow.]
RE will provide Vendor with access to the assets, services and infrastructure of RE
identified in Sections 1.4.1-1.5._ below, to the extent they are available and are
needed for deployment of the Network. Infrastructure may include, but will not be
limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities,
central office or switch locations, available land, and other assets and services
identified below.
[There shall be no charges for access to or use of any RE assets, services or
facilities to be provided for this Network, nor will any permit and inspection fees
be imposed by RE, except as set forth in Schedule 1.4.]
[RE will use its best efforts to make such assets, services and facilities available to
Vendor upon request, on commercially reasonable terms. The existing charges for
access to or use of any RE facilities to be provided for this Network, and any
permit and inspection fees be imposed by RE, are as set forth in Schedule 1.4.]
In certain cases identified in the appropriate Schedule, access to fiber, conduit, rights of
way or other assets identified may be conditioned on or require approval from lessors
or other third parties. In such situations, the RE will work with the Vendor to attempt to
obtain any necessary approvals, but it cannot guarantee their receipt.
1.4.1 Fiber
RE will provide Vendor with access to the existing optical fibers owned or leased by the
RE and identified in Schedule 1.4.1. The RE [is] [is not] willing to provide access to this
fiber under an Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to
provide access on a reduced fee or no charge basis.
1.4.2 Conduit
RE will provide Vendor with access to the existing conduit owned or leased by the RE
and identified in Schedule 1.4.2. The process for accessing the conduit is set forth in
Schedule 1.4.2. The RE [is] [is not] willing to provide access to existing conduit under an
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Indefeasible Right to Use Agreement, [and] [but] it [is] [is not] willing to waive the
charge for conduit access.
RE will also cooperate with Vendor in its efforts to obtain expedited access to conduit
owned or controlled by third parties within the Service Area, including [identify specific
government agencies and utilities, together with contact persons, as appropriate].
1.4.3 Existing Networks
In addition to the fibers identified in Section 1.4.1, RE [owns and] operates within the
Service Area communications networks identified in Schedule 1.4.3. The RE also in the
process of [describe any public networks that are planned and their location within the
Service Area.] The RE is willing to negotiate with the Vendor to provide access to [all or
part of] such networks.
1.4.4 Rights of Way
Construction and the installation of equipment in RE rights of way will be subject to a
standard master permit be issued by RE [in the form attached hereto in Schedule 1.4.4].
Subject to existing rights-of way and easements, RE will allow Vendor to have access to
necessary rights-of-way on property owned by RE and property on which it has an
easement. Such access will be provided during regular business hours for nonemergency work and 24x7 for emergency work. This access includes permission to
perform construction work on RE property, including construction in the streets as
needed for the Network. The RE estimates that it takes ___ days to complete all steps
from application to approval of a permit, and it is willing to work with Vendor to
expedite that process.
RE will also cooperate with Vendor in efforts to allow Vendor to gain access to rightsof-way owned or controlled by third parties within the Service Area, including [identify
specific utilities, together with contact persons, if appropriate].
1.4.5 Pole Attachment Rights
[RE does not operate a municipal electric utility or own poles in the Service Area.]
[RE operates a municipal electric utility and owns approximately ____ poles in the
Service Area. The installation of equipment on RE poles will be subject to a standard
permit be issued by RE[, in the form attached hereto as part of Schedule 1.4.5]. The
process for accessing RE poles is set forth in Schedule [1.4.5] and the annual RE pole
attachment fee is $_____ [per pole]. There [is][not] an annual inspection fee of $____
[per pole]. RE is [not] willing to consider reducing or foregoing [some] [all] of these
fees as a contribution to the Network.]
RE will cooperate with and assist Vendor in its efforts to gain access to poles owned or
controlled by third parties within the Service Area, including [identify specific utilities,
cable MSOs and telecom carriers, together with contact persons, if appropriate].
1.4.6 Space and power
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RE will make space available to Vendor in RE facilities for the installation of central
office ("CO") equipment and for additional network facilities, in locations to be
determined as part of the network design. In addition, RE will provide electrical
power necessary for Vendor's equipment at RE locations. [RE will not charge
Vendor for such space, power or related services except as set forth in Schedule
1.4.6].
1.4.7 RE Contracts for Services and Assistance in Identifying and Generating
Institutional and Enterprise Demand
The REs [intend to make] [are willing to negotiate] long-term individual commitments to
purchase network services needed for RE operations (e.g., transmission capacity,
Internet access, voice, video, security monitoring, cloud computing and storage) through
the Network.
[Note to REs: make the commitment as concrete as possible, e.g., by identifying
existing RE spending for network services that could be shifted to the new network
and the likely or guaranteed spend/purchase levels for each RE over defined periods.]
RE will provide Vendor with assistance in identifying [and contacting] other entities in
the Service Area that are candidates to enter into long term contracts (2 years or more)
for fiber or network services. Such potential anchor tenants include other educational
institutions, large employers and other enterprises. [An initial list of such entities and
contact information for key personnel is attached as Schedule 1.4.7.]
1.4.8 Retail Marketing Assistance
The RE will assist Vendor’s pre-construction efforts to market to and obtain
commitments for Network services (primarily Internet access) from households and
small businesses in the Service Area. RE will provide Vendor with access to [voter lists,
email addresses, etc.] and will distribute via [campus wide] [community] [other] email
systems information about Vendor’s proposed Network offerings and how potential
retail customers can make the desired commitments. In addition, the RE will provide
assistance in identifying student housing and private Multi Dwelling Units (MDUs) within
the Service Area. [An initial list of such entities and contact information for key
personnel is attached as Schedule 1.4.8]
1.4.9 Other Assets, Facilities, Services
The RE will provide Vendor with access to other assets and services that are owned or
controlled by the RE, and that will assist Vendor in lowering the overall risk by reducing
the cost structure and shortening the design and construction schedule. These include:
● [[Low or no cost] access to GIS data, street maps, maps of terrain, GPS
coordinates and locating services.
● Access to other communications networks through existing peering and traffic
exchange agreements]
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1.5 Regulatory and Other Forms of Assistance to be provided by REs
RE will provide Vendor with access to:
● Assistance from RE FTE employees for planning, network mgmt., etc.
● A single point of contact ("SPOC") for Vendor, which SPOC will be responsible for
addressing all issues related to the Network, providing coordination across RE
departments, ensuring the full cooperation of all RE departments with respect to
relevant issues on the Network and serving as a communications and
troubleshooting resource for Vendor.
1.5.1 Expedited Permitting
RE will provide Vendor with quick, diligent review of all applications for permits,
including permits necessary for construction work on the Network within RE rights-ofway and in connection with RE assets or infrastructure. This includes a commitment to
review and respond to any subsequent modifications or similar documents that may
require approval by REs within ____ (__) working days of submission by Vendor.
1.5.2 Expedited Inspection
RE will provide Vendor with a dedicated inspection team for inspection of all
work performed on the Network.
1.5.3 Other
RE will provide Vendor with information about existing funds, grants and contracts that
can be redirected to this program. RE will also apply for or provide assistance in
applying for available grants or loans to defray Network expenses, such those for local
economic development.
1.6 Relationship between Vendor and REs
The Vendor will be an independent contractor that provides all design, construction
and operation services for the Network.
1.6.1 Ownership of Network
The REs will have an ownership stake in the entity that owns and operates the
Network. The scope and nature of the ownership stake are open to negotiation.
2. Services Sought
2.1 Description of Services Sought
The REs seek a Vendor to design, build, install, own, operate and manage a complete
turnkey high-speed communications Network within the Service Area. The system shall
be a fully operational high speed communications network using Internet protocol
technology and allowing users access to and from the Internet and access to other
services as required. The RFP does not require a specific technology, but the REs expect
that most potential vendors will propose Fiber-to-the-home Active E, GPON and/or
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WDM/PON technologies to provide gigabit service to households, businesses and
institutions throughout the Service Area. This system must include all active and passive
infrastructure, including fiber cabling, active repeater equipment, uninterruptible power
supplies, network cross-connections, software, ancillary equipment, and ongoing main
tenancy.
Services rendered must include complete system design, engineering, operation,
monitoring, maintenance, and enhancement, as well as negotiation and execution of
access agreements with retail services providers. The Network rollout will be based
upon demonstrated demand by community residents and businesses, and the
availability of necessary infrastructure. The Network design and operation must provide
an open access framework that [maximizes] [enables] [supports] wholesale and retail
service delivery and competition.
2.2 Scope of work
Vendor shall design, build, install, own, operate and manage the Network. The Network
shall have the following features and functionality.
[Network Requirements
Vendor’s response shall identify the specific network characteristics it plans for
o Minimum capacity (in terms of number of fibers and/or bandwidth
capacity) for (i) the backbone or metropolitan area ring, (ii) residential
users, (iii) enterprises/institutional users, (iv) government
institutions/public safety users
o Any other network-wide characteristics desired.]
Services on Wholesale Open Network
 Development and implementation of open access structure for wholesale and
retail service delivery and competition
 Bandwidth and technology gateway with caching for access to cloud based triple
play and over-the-top (OTT) services (online delivery of video and audio content)
 Wholesale billing and settlement services
 Wholesale Internet access service
 Physical and logical layer network service access
 Dedicated wave/VLAN services
 Secure IP intranet services
Public Safety Services
● Dedicated public safety service network
● Secure public safety access
● Public infrastructure monitoring (e.g., traffic lights, speed cameras, cameras on
other public structures)
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2.3 Response to Scope of Work
Each potential vendor shall submit a business and technical plan describing its approach
to the project described in this RFP. The business plan shall describe the Vendor’s
approach to design, construction, operation and management of the Network and the
services to be provided over the Network in sufficient detail to allow the RE to
effectively consider the proposal. The Vendor shall also include a description of the dayto-day operations and the management of all responsibilities related to the project and
explain how the Vendor will fulfill the scope of work in Section 2.2. This should include,
at a minimum, the following:
●
Technology: A description of the network technologies underlying the proposed
network solution(s) included in the response. Each description should include
the following information:
○ Technologies proposed and the limitations of each technology, and if a
variety of technologies are contemplated, a discussion of the factors
likely to influence the choice of technologies;
○ As much detail as possible regarding the network design including, but
not limited to: network design criteria, network elements, architecture,
protocols, system reliability, availability, and operations and
maintenance; and
○ Network performance characteristics, including the range of offerings,
the capacity and other factors relevant for each proposed solution.
●
Service offerings: A description of proposed wholesale or retail service offerings
that the Vendor anticipates offering to institutional, business and residential
customers.
○ Broadband service offerings (type of broadband service, speed tiers,
differences between business and residential offerings)
○ Ancillary service offerings (including those identified in Section 2.2) that
may be provided by the Vendor
○ Pricing strategy
○ Explanation of Vendor’s willingness to work with the RE to develop
unique pricing or packages for key community stakeholders and
populations (e.g., government, university facilities, K-12 facilities,
economically distressed areas)
●
Rollout strategy: A discussion of the anticipated deployment strategy, scope and
timing of the proposed rollout. The discussion should identify the levels of
committed demand necessary to trigger rollout obligations and any factors likely
to influence the scope or timing of the rollout, and explain how those factors
impact the strategy.
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●
Roles and Responsibilities: A description of the roles and responsibilities
envisioned for Vendor, Vendor team members (if any), REs, and third parties (if
applicable) for each of the following:
○ Network design
○ Network construction
○ Network operations and management
○ Community outreach and customer acquisition
○ [other]
●
Financial Projections: The business plan should include a pro forma financial
statement, identifying projected capital outlays, ongoing operational costs, and
expected revenues from wholesale and retail services for at least the first [five]
[ten] years of construction and operation. The plan should identify and quantify
all key assumptions underlying the calculations.
2.1.1 Breakdown of Project Tasks and Components
[TBD]
2.2 Breakdown of Biddable Components
[TBD if bidders can bid on less than entire project]
2.3 Project Schedule
[TBD]
2.4 Vendor Qualifications
● Experience in high speed network design and operation – Vendor should provide
a statement of experience highlighting [at least X] similar network systems that it
has designed, constructed and operated, including project name, location, size,
technology used, and name and phone number for reference contacts. Also
indicate whether each system is owned by the Vendor or another entity.
● Financial Stability – Vendor shall submit its two most recent annual financial
statements in order to permit analysis of its financial resources. If financial
statements are unavailable due to confidentiality reasons, submit recent D&B
reports. If Vendor is part of a team, the two most recent annual financial
statements for each team member should be submitted. If the Vendor’s
response includes vendor financing or committed bank or other financing, the
two most recent annual financial statements of such equipment vendors and
financial institutions should be submitted. [In addition, each Vendor or team
shall provide a bond in the amount of $____________to guarantee satisfactory
completion of the project.]
● Staff Technical and Managerial Experience – include a statement of experience
and resumes of the project team, including the project manager and other key
personnel who will be assigned to this project. Also include a list of any known
or anticipated subcontractors along with their roles and responsibilities.
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●
Evidence of Legal Capacity – include copies of Vendor’s most recent federal and
[name of RE state] annual reports and current licenses to provide
telecom/communications services, together with a certification that all [state]
business and regulatory registrations/filings/taxes are current, and all internal
corporate documents are kept and up to date (e.g. meeting minutes, bylaws,
etc.).
3. Administrative Issues
3.1 Availability of the RFP and Amendments
Adobe Acrobat (PDF) and Microsoft Word versions of this RFP are available on the
project website at: http://www.____________.org. Amendments to the RFP will be
posted on the project website at: http://________.org. Any amendments supersede
prior provisions and are effective upon posting on the project website, and each
potential bidder is responsible for checking the website to learn of any amendments.
3.2 Questions about the RFP
The primary RFP contact for the RE project team is: _________.
All general correspondence and any questions about this RFP must be submitted in
writing to [him] [her] ____@_________.org. The RE project team will not entertain any
oral contacts regarding this RFP. The last date for questions will be 5:00 pm Eastern
Time on _____________________. All questions will be considered to be public and
released with an answer at https://www. .org/questions as expeditiously as possible.
The identity of the person posing the question will not be disclosed.
Vendors should not contact any RE directly. Any attempts to contact RE staff regarding
this RFP other than via this email process may be grounds for the RE to reject your
submission.
3.3 Additional Material
Vendors are encouraged to review the following material prior to submitting their
proposals.

Application Fact Sheet:

[Other] [E.g., applicable statutes, regulations, BTOP grants, etc.]
3.4 Informational Session
There will be an informational session for potential Vendors on ___________ from __
to ___ at ________________. [Describe scope of issues to be addressed at the session.]
3.5 Proposal Format and Certification
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Proposals should be organized in the same sequence as Part 2 of this RFP with
responses referencing the appropriate corresponding RFP item(s). Vendors should
respond to each item at the level of detail at which each is presented or list a variance
with a particular item and propose alternate terms and, as applicable, and supply any
supportive detail. Proposals not conforming to the proper format or failure to respond
to any required items may result in a Vendor’s disqualification and/or rejection of the
proposal. Where the Vendor is requested to supply information, include that
information in the body of the proposal, or reference the attachment where it is
included.
A duly authorized officer or agent of the Vendor must sign the proposal. Proposals that
are not signed will not be considered. In the case where multiple vendors team to
present a proposal, a signature by a duly authorized officer or agent of each entity is
required on the proposal, though one entity should be designated the lead entity in the
proposal. The lead entity will be the contracting Vendor and will be responsible for
subcontracting with its partners.
3.6 Project Calendar
Anticipated Event Dates
 RFP Advertised and issued:
 Proposals Due:
 Proposal Evaluation Completed by:
 Interviews with finalist firms no later than:
 Award and Letter of Intent for Contract no later than:
 Selected firm begins work no later than:
 Contract finalized no later than:
 First progress report due:
3.7 Proposal Due Date and Submission
Proposals are due by 5 p.m. local time on_____________. Proposals received after the
deadline will not be considered. Proposals must be submitted electronically [or via
priority or certified mail. Two (2) hard copies and one (1) complete electronic version
are required for any proposal submitted in hard copy format]. Faxed proposals will not
be accepted. Vendors assume the risk of the methods of dispatch or delivery chosen.
Office hours for receipt of mailed or expressed proposals are: Monday through Friday,
8:00 am - 5:00 pm (EDT).
Electronic proposals must be submitted by email to ___________.org or through
____________ or other similar large file sharing service. All electronic files must be
submitted in editable format in order to facilitate evaluation and planning. Word, Excel,
GIS and PDF formats are acceptable.
3.8 Process and Criteria for Evaluation of Proposals
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Proposals will be opened and reviewed internally at the convenience of the RE. All
proposals will be evaluated and, at RE discretion, an award made to the Vendor who
demonstrates the best ability to meet the overall goals of the project, with particular
emphasis on the ability to fulfill the scope of work in the most timely and efficient
manner. The RE team will initially assess the qualifications of each Vendor submitting a
proposal and rank the proposal according to the following point system:
[Note to REs: We have not provided a suggested weighting of factors in this draft, as
that is a subject judgment that will vary greatly from community to community.]
Qualifications Evaluation Criteria
Quality of response
Upfront investment by vendor
Experience of project team
References
Vendor experience
Financial strength of Vendor
Feasibility of Vendor financial proposal
[Other qualifications criteria]
Total Possible Points:
100
Other Project Evaluation Criteria
In addition to the qualification criteria, the RE will examine the extent to which each
proposal meets the criteria below, which are not listed in order of importance. The RE
will then undertake a comparative assessment of all proposals in order to make a
decision as to which proposal(s) should be selected [for further analysis and
negotiation]. ____________, following consultation with _______, will be the final
decision maker. Within the framework of an overarching value-for-money assessment,
the evaluation criteria against which proposals will be assessed are:
1.
18.
19.
20.
21.
the extent to which the proposal meets the RE’s objectives for the Network
(as set out in Section 2.__) (including, but not limited to, build out
requirements/selection of neighborhoods, the level of pre-construction
demand commitment required to trigger build out for specific areas, and
the proposed price point if demand levels are met);
the capability of the Vendor to design, construct, finance, maintain, upgrade
and operate the Network;
the nature, scope and impact of any local community legislative and/or
regulatory changes that are necessary to facilitate the proposal;
the cost to the RE of the proposal;
the acceptability of the contract terms and conditions proposed by the
Vendor and the extent to which the proposal departs from the RFP and from
the RE’s proposed commercial terms (if any).
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[Once the comparative assessment of the proposals is complete, the RE will select the
[two] highest-ranked for further negotiations. It will select one at the completion of
such negotiations.]
3.9 Clarification of Proposals
Notwithstanding any other provision of this RFP, RE reserves the right to:
1. Conduct discussions with any or all potential vendors for the purpose of
clarification of proposals;
2. Waive, or decline to waive, any defect in any proposal;
3. Accept, reject, or negotiate any or all proposals or the terms of any proposal,
or any parts thereof, for the purpose of obtaining the best and final offer;
4. Cancel or amend this RFP or issue other requests for proposals;
5. Select a Vendor or Vendors based on its analysis and evaluation of proposals
submitted and request presentations on proposals if it believes further
information is appropriate to the decision-making process;
6. Select no proposals at all; or
7. Use any and all concepts presented in any proposal to obtain the most
beneficial and effective path to achieving its desired goals for the project.
3.10 Negotiation and Execution of Contracts
[Note to REs: We have not attempted to develop a template contract. Communities
may wish to do so in order to control the drafting and negotiating process. The
negotiated contract will include a requirement for the Vendor to provide a bond (or
other form of financial assurance) in order to ensure that the RE does not have to
assume unanticipated costs of finishing the project. The purpose is to prevent the
Vendor from “walking off the job.”]
The selected Vendor agrees to execute [a contract consistent with the terms of this
RFP] [the contract provided in conjunction with this RFP] as modified for the proposal
specifics within _______________ of the award. If the parties are not able to reach
agreement and execute a contract within ______ (__) days of the award, the RE may
declare the award void and may select another Vendor or issue a new RFP.
3.11 Commencement of Work
The submission of a proposal in response to the RFP, and the subsequent evaluation of
that response by the RE, does not constitute a contract or any type of agreement
between the RE and any Vendor for the commencement of work or the performance of
any obligation. Only a written contract with the RE will authorize the commencement of
work or obligate the RE on this project.
3.12 Use of Subcontractors
Vendors may use subcontractors to fulfill any obligations in connection with the project.
Use of subcontractors shall be subject to all applicable state and federal laws. A Vendor
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shall remain liable for fulfilling all its obligations on the project, and for any claims or
damages arising from the subcontractor’s work.
[Note to REs: The contract negotiated with the Vendor will contain standard
provisions for the Vendor to indemnify the RE for costs incurred in any litigation
brought by a subcontractor.]
3.13 Miscellaneous Provisions
3.13.1 Proposal Costs
Responding vendors are responsible for all expenses they incur in preparing and
submitting a proposal or in contract negotiations with the RE. Even if it elects to reject
all proposals, the RE will not be liable for any costs or damages incurred by any vendor
in preparing and submitting a proposal.
3.13.2 Applicable Statutes
The RE is [or some members of the RE are] a public entity. As a result, this RFP is subject
to a variety of public procurement requirements, including but not limited to federal
and state records disclosure statutes referenced above and the following: [RE to
select/expand the list and provide specific statutory references]
 Small Business obligations
 Local Business obligations
 Minority Business obligations
 Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
 Economic Development Zone Small Businesses
 Woman-Owned Small Businesses (WOSBs)
 Union/Non-union labor use
 [Other state/county/municipal requirements]
3.13.3 Errors and Omissions in a Proposal
The responding vendor is responsible for all errors and omissions in its proposal. If it
discovers an error and wishes to withdraw its proposal, the responding vendor should
notify the RE immediately. [Depending on the stage of the process, the vendor may be
liable for costs incurred by the RE in analyzing the proposal or negotiating a contract.]
3.13.4 Errors and Omissions in the RFP
If the RE becomes aware of an error or omission in the RFP, it will post a notice on the
website. If it discovers and error or omission after the proposals are submitted, it may
in its discretion proceed or reissue the RFP. Even if it elects to rebid the RFP, the RE will
not be liable for any costs or damages incurred by any vendor in preparing and
submitting the original proposal.
3.13.5 Objections to RFP Terms
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Any objections to RFP terms must be conveyed in writing to [the address for RFP
questions] and must be submitted by the deadline for submission of questions about
the RFP in Section 3.2 above.
3.13.6 Acceptance of RFP/Proposal Content
By submitting a proposal, a Vendor certifies that it has read, understood, and agreed to
all requirements, terms, and conditions in this RFP, including any and all attachments,
exhibits, and appendices. A Vendor may withdraw its proposal prior to the RFP
response deadline.
3.13.7 No Waiver of RFP Provisions
The RE may, but is under no obligation to, waive any provision in this RFP at the request
of a potential Vendor. Any such waiver shall apply to all potential bidders, and no
waiver shall constitute a waiver of any provision not specifically referenced therein.
3.13.8 Ownership and Confidentiality of Proposals
The RE will not pay for any information requested herein, and all proposals submitted
become the property of the RE. Proposals will not be returned and may be subject to
disclosure pursuant to the federal Freedom of Information Act and/or the [state] Public
Records Act. Pricing and other information that is an integral part of the proposal
cannot be considered confidential after an award has been made. The RE may receive
information that may be confidential as part of your response. If you believe that any
portion of your proposal includes proprietary or other confidential information, please
clearly mark it as such and state the basis for your claim to confidential treatment.
Unless otherwise required by law, RE will treat the information as confidential and will
not disclose it to a third party without your permission. However, pricing and other
information that is an integral part of the proposal will likely not be considered
confidential after an award has been made
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