group 77017 rfp 20268€¦ · web viewall system must provide the ability to complete calls to all...

State of New York Executive DepartmentOffice of General Services -Procurement Services Group

Corning Tower - 38th FloorEmpire State PlazaAlbany, NY 12242

REQUEST FOR PROPOSALIMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES HEREIN

BIDS MAY BE SENT TO THE ABOVE ADDRESS(E-Mail or Fax Bid Submissions are NOT Acceptable)

BID OPENING DATE: May 05, 2009TIME: 11:00 AM

TITLE: Group 77017COMPREHENSIVE TELECOMMUNICATIONS SERVICES Classification Code(s): 43, 45, 81, 83

REQUEST FOR PROPOSALS NUMBER: 20268 (2009 version)

SPECIFICATION REFERENCE: As Incorporated Herein

CONTRACT PERIOD: Approximately Seven (7) Years commencing on the date of approval by OSC with an allowance for annual termination after the initial Five-Year period which began on August 16, 2007. The expiration date of any resulting contracts resulting from this RFP shall be coterminous with the original contract expiration date of August 15, 2017

PERIODIC RECRUITMENTDESIGNATED CONTACTS: Team # 7

Donna McNeil, Purchasing OfficerTelephone No. 518 474-4579E-mail address: [email protected]

Larry Klein, Team LeaderTelephone No. (518) 474-1350E-mail address: [email protected]

Peter ChudzinskiTelephone No. 518 474-7955E-mail address: [email protected]

The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (OGS General Specifications), Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at:

Procurement Lobbying: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.htmlName of Company Bidding: Bidder's Federal Tax Identification No.:

Street City State Zip County

Cash Discounts will not be considered in determining low bid, but cash discounts of any size may be considered in awarding tie bids. __________________% Cash Discount for payment within 15 days of delivery and/or receipt of voucher__________________% Cash Discount for payment within 30 days of delivery and/or receipt of voucherIf you are not bidding, place an “x” in the box and return this page only. WE ARE UNABLE TO BID AT THIS TIME BECAUSE___________________________________________________.Bidder’s Signature:Title:

Printed or Typed Name:Date:

Phone : ( ) - ext ( )Fax : ( ) - ext ( )

Toll Free Phone : ( ) - ext ( )Toll Free Fax : ( ) - ext ( )

E-mail Address: Company Web Site:

FOR PROCUREMENT SERVICES GROUP USE ONLY

P.R. # 20268 LIT MEMO MISSING PAGES LET OTHER

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

mailto:[email protected]



Group 77017 Comprehensive Telecommunications Services of 262 RFP 20268 PROCUREMENT SERVICES GROUP

I CONTRACT SCOPE.....................................................................................................................................25I.1 OBJECTIVE..........................................................................................................................................................25

I.2 SERVICE LOTS AND CATEGORIES..............................................................................................................25I.2.1 Lot 1 – Voice Services.......................................................................................................................................................25I.2.2 Lot 2 – Connectivity Services............................................................................................................................................25I.2.3 Lot 3 – Managed Services.................................................................................................................................................26I.2.4 Coverage Areas..................................................................................................................................................................26

I.3 BACKGROUND....................................................................................................................................................27

I.4 INQUIRIES/ISSUING OFFICE:.........................................................................................................................27

I.5 KEY EVENTS/DATES.........................................................................................................................................28

I.6 CONTRACT TERM.............................................................................................................................................28

I.7 PERIODIC RECRUITMENT..............................................................................................................................28

I.8 EXAMINATION OF CONTRACT DOCUMENTS..........................................................................................29

II QUALIFICATION OF BIDDER...............................................................................................................30II.1 EVIDENCE OF ABILITY/ FINANCIAL SECURITY.....................................................................................31

II.2 PRICING................................................................................................................................................................31

II.3 PROJECT REFERENCES / CLIENT INFORMATION.................................................................................32

III VOICE SERVICES – LOT 1......................................................................................................................33III.1 LOCAL EXCHANGE SERVICES..................................................................................................................33

III.1.1 Service Description............................................................................................................................................................33III.1.2 Local Calling Area Defined...............................................................................................................................................33III.1.3 Dialing Plan.......................................................................................................................................................................33III.1.4 Access Type.......................................................................................................................................................................34III.1.5 Analog Access Requirements............................................................................................................................................34III.1.6 Digital Access Requirements.............................................................................................................................................34III.1.7 All Access Types...............................................................................................................................................................34III.1.8 Calling Features.................................................................................................................................................................34III.1.9 Pay-per-Call Service Restriction.......................................................................................................................................35III.1.10 Directory Assistance Call Transfer Restriction.............................................................................................................35III.1.11 Collect or 3rd Party Call Acceptance............................................................................................................................35III.1.12 Operator Services...........................................................................................................................................................35III.1.13 Incoming Caller Identification.......................................................................................................................................36III.1.14 Remote Call Forwarding................................................................................................................................................36III.1.15 Pre-Subscription for Toll Services (Equal Access).......................................................................................................36III.1.16 Standards Compliance...................................................................................................................................................36III.1.17 Local Number Portability..............................................................................................................................................37III.1.18 E911...............................................................................................................................................................................37III.1.19 Printed Directory of Telephone Numbers......................................................................................................................37III.1.20 Listing in Directory Assistance.....................................................................................................................................37III.1.21 Disconnection of Services.............................................................................................................................................38III.1.22 Temporary Suspension of Service.................................................................................................................................38III.1.23 Busy Condition Studies/Reports....................................................................................................................................38III.1.24 Direct-Inward-Dialing (DID) Service............................................................................................................................39III.1.25 Pricing of Local Exchange Service................................................................................................................................39III.1.26 Management Reports.....................................................................................................................................................39III.1.27 Network Management...................................................................................................................................................39

III.2 LONG DISTANCE SERVICES.......................................................................................................................40


III.2.1 Types of Toll Service.........................................................................................................................................................40III.2.2 On-Net/Off-Net Traffic Description..................................................................................................................................40III.2.3 Dedicated/Switched Access...............................................................................................................................................40III.2.4 Dialing Requirements........................................................................................................................................................41III.2.5 Call Answer Supervision...................................................................................................................................................41III.2.6 Authorization Codes..........................................................................................................................................................41III.2.7 Account Codes...................................................................................................................................................................41III.2.8 Code Customization...........................................................................................................................................................41III.2.9 Maintenance of Codes.......................................................................................................................................................41III.2.10 Implementation Timeframes..........................................................................................................................................41III.2.11 Pricing of Outgoing Toll Service...................................................................................................................................42III.2.12 Mobile Termination.......................................................................................................................................................42III.2.13 Management Reports.....................................................................................................................................................42III.2.14 Network Management...................................................................................................................................................42

III.3 TOLL FREE SERVICES..................................................................................................................................42III.3.1 Types of Toll Free Service................................................................................................................................................42III.3.2 Toll Free Service Access...................................................................................................................................................43III.3.3 Virtual Toll Free Access....................................................................................................................................................43III.3.4 Toll Free Calling Area.......................................................................................................................................................44III.3.5 Call Answer Supervision...................................................................................................................................................44III.3.6 Multiple Toll Free Numbers..............................................................................................................................................44III.3.7 Toll Free Number Portability.............................................................................................................................................44III.3.8 Incoming Call Restriction..................................................................................................................................................44III.3.9 Automatic Number Identification (ANI)...........................................................................................................................44III.3.10 Dialed Number Identification Service (DNIS)..............................................................................................................44III.3.11 Blocked Call Reports.....................................................................................................................................................44III.3.12 Advanced Routing Features...........................................................................................................................................44III.3.13 Incoming Local Exchange Calls....................................................................................................................................46III.3.14 Network-Based Call Processing Function.....................................................................................................................46III.3.15 Single Number Service..................................................................................................................................................46III.3.16 Implementation Timeframes..........................................................................................................................................46III.3.17 Pricing of Incoming Toll Free Service..........................................................................................................................46III.3.18 Management Reports.....................................................................................................................................................47III.3.19 Network Management...................................................................................................................................................47

III.4 CENTRAL OFFICE EXCHANGE SERVICES (CENTREX ).....................................................................47III.4.1 Service Description............................................................................................................................................................47III.4.2 Station Features.................................................................................................................................................................47III.4.3 Multi-Path Call Forwarding...............................................................................................................................................49III.4.4 Uniform Call Distribution (UCD).....................................................................................................................................49III.4.5 Virtual Lines/Number........................................................................................................................................................49III.4.6 Simplified Message-Desk Interface (SMDI).....................................................................................................................49III.4.7 Calling Data Polling Requirements...................................................................................................................................50III.4.8 Customer Premise Equipment Requirements....................................................................................................................50III.4.9 Standards Compliance.......................................................................................................................................................50III.4.10 Commencement of Billing for Monthly Recurring Charges.........................................................................................50III.4.11 Training & Support Services.........................................................................................................................................50III.4.12 Voice Mail.....................................................................................................................................................................50III.4.13 Voice Forms...................................................................................................................................................................51III.4.14 Additional Requirements...............................................................................................................................................51III.4.15 Local Number Portability..............................................................................................................................................52III.4.16 Management Reports.....................................................................................................................................................52III.4.17 Network Management...................................................................................................................................................52

III.5 CALLING CARD SERVICES.........................................................................................................................52III.5.1 Service Description............................................................................................................................................................52III.5.2 Options...............................................................................................................................................................................54III.5.3 Management Reports.........................................................................................................................................................54III.5.4 Network Management.......................................................................................................................................................54


III.6 DIRECTORY ASSISTANCE SERVICES......................................................................................................54III.6.1 Service Description............................................................................................................................................................54III.6.2 Management Reports.........................................................................................................................................................56III.6.3 Network Management.......................................................................................................................................................56

III.7 VOICE OVER IP SERVICES (VoIP).............................................................................................................56III.7.1 Service Description............................................................................................................................................................56III.7.2 Dialing Plan.......................................................................................................................................................................56III.7.3 Access Type.......................................................................................................................................................................57III.7.4 Calling Features.................................................................................................................................................................57III.7.5 Optional Calling Features..................................................................................................................................................57III.7.6 Pay-per-Call Service Restriction.......................................................................................................................................58III.7.7 Directory Assistance Call Transfer Restriction.................................................................................................................58III.7.8 Collect or 3rd Party Call Acceptance................................................................................................................................58III.7.9 Operator Services...............................................................................................................................................................58III.7.10 Incoming Caller Identification.......................................................................................................................................58III.7.11 Remote Call Forwarding................................................................................................................................................59III.7.12 Direct-Inward-Dialing (DID) Service............................................................................................................................59III.7.13 Toll Free.........................................................................................................................................................................59III.7.14 Types of Toll Free Service............................................................................................................................................59III.7.15 Standards Compliance...................................................................................................................................................59III.7.16 Local Number Portability..............................................................................................................................................60III.7.17 E911...............................................................................................................................................................................60III.7.18 Printed Directory of Telephone Numbers......................................................................................................................60III.7.19 Listing in Directory Assistance.....................................................................................................................................60III.7.20 Disconnection of Services.............................................................................................................................................61III.7.21 Temporary Suspension of Service.................................................................................................................................61III.7.22 Pricing of VoIP Service.................................................................................................................................................61III.7.23 VoIP Quality of Service.................................................................................................................................................61III.7.24 Customer Premise Equipment Requirements................................................................................................................62III.7.25 Network Security...........................................................................................................................................................62III.7.26 Integrated Messaging.....................................................................................................................................................62III.7.27 Management Reports.....................................................................................................................................................62III.7.28 Network Management...................................................................................................................................................62

III.8 PAY TELEPHONES.........................................................................................................................................63III.8.1 Service Description............................................................................................................................................................63III.8.2 Temporary Suspension of Service.....................................................................................................................................63III.8.3 Pricing of Pay Phone Service............................................................................................................................................63III.8.4 Customer Premise Equipment Requirements....................................................................................................................63III.8.5 Network Security...............................................................................................................................................................64III.8.6 Management Reports.........................................................................................................................................................64III.8.7 Network Management.......................................................................................................................................................64

IV CONNECTIVITY SERVICES – LOT 2....................................................................................................65IV.1 PRIVATE LINE DATA SERVICES...............................................................................................................65

IV.1.1 Service Description............................................................................................................................................................65IV.1.2 Types of Services...............................................................................................................................................................65IV.1.3 Transport Types.................................................................................................................................................................65IV.1.4 Multiplexing Circuits.........................................................................................................................................................65IV.1.5 Customer Premise Equipment Requirements....................................................................................................................65IV.1.6 Standards Compliance.......................................................................................................................................................65IV.1.7 Network Security...............................................................................................................................................................66IV.1.8 Management Reports.........................................................................................................................................................66IV.1.9 Network Management.......................................................................................................................................................66

IV.2 SWITCHED 56KBPS SERVICES...................................................................................................................66IV.2.1 Service Description............................................................................................................................................................66IV.2.2 Service Availability...........................................................................................................................................................67IV.2.3 Customer Premise Equipment Requirements....................................................................................................................67


IV.2.4 Standards Compliance.......................................................................................................................................................67IV.2.5 Management Reports.........................................................................................................................................................67IV.2.6 Network Management.......................................................................................................................................................68

IV.3 INTEGRATED SERVICES DIGITAL NETWORK SERVICES (ISDN)...................................................68IV.3.1 Service Description............................................................................................................................................................68IV.3.2 Service Availability...........................................................................................................................................................68IV.3.3 Customer Premise Equipment Requirements....................................................................................................................68IV.3.4 Network Security...............................................................................................................................................................68IV.3.5 Standards Compliance.......................................................................................................................................................69IV.3.6 Billing................................................................................................................................................................................69IV.3.7 Management Reports.........................................................................................................................................................69IV.3.8 Network Management.......................................................................................................................................................69

IV.4 DIGITAL SUBSCRIBER LINE SERVICES (xDSL)....................................................................................69IV.4.1 Service Description............................................................................................................................................................69IV.4.2 Service Availability...........................................................................................................................................................70IV.4.3 Service Types.....................................................................................................................................................................70IV.4.4 Customer Premise Equipment Requirements....................................................................................................................70IV.4.5 Standards Compliance.......................................................................................................................................................70IV.4.6 Network Uptime................................................................................................................................................................70IV.4.7 Management Reports.........................................................................................................................................................70IV.4.8 Network Management.......................................................................................................................................................70IV.4.9 Network Inter-Operability.................................................................................................................................................71IV.4.10 Network Security...........................................................................................................................................................71

IV.5 FRAME RELAY SERVICES...........................................................................................................................71IV.5.1 Service Availability...........................................................................................................................................................71IV.5.2 Service Access Types........................................................................................................................................................71IV.5.3 Service Access Speeds.......................................................................................................................................................71IV.5.4 Customer Premise Equipment Requirements....................................................................................................................71IV.5.5 Standards Compliance.......................................................................................................................................................72IV.5.6 Committed Information Rate (CIR)...................................................................................................................................72IV.5.7 CIR Adjustment Requirements..........................................................................................................................................72IV.5.8 Committed and Extended Burst Rate................................................................................................................................72IV.5.9 Congestion Management...................................................................................................................................................72IV.5.10 Rate Enforcement..........................................................................................................................................................72IV.5.11 Error Checking Technique.............................................................................................................................................73IV.5.12 Network Latency...........................................................................................................................................................73IV.5.13 Management Reports.....................................................................................................................................................73IV.5.14 Network Management...................................................................................................................................................73IV.5.15 Network Security...........................................................................................................................................................73

IV.6 ASYNCHRONOUS TRANSFER MODE SERVICES (ATM)......................................................................74IV.6.1 Service Description............................................................................................................................................................74IV.6.2 Service Availability...........................................................................................................................................................74IV.6.3 Access Types.....................................................................................................................................................................74IV.6.4 Customer Premise Equipment Requirements....................................................................................................................74IV.6.5 Virtual Circuits..................................................................................................................................................................74IV.6.6 Category of Service...........................................................................................................................................................74IV.6.7 Network Uptime................................................................................................................................................................74IV.6.8 Management Reports.........................................................................................................................................................75IV.6.9 Network Management.......................................................................................................................................................75IV.6.10 Standards Compliance...................................................................................................................................................75IV.6.11 Network Security...........................................................................................................................................................75

IV.7 SONET SYNCHRONOUS OPTICAL NETWORK SERVICES (SONET)................................................75IV.7.1 Service Description............................................................................................................................................................75IV.7.2 Service Availability...........................................................................................................................................................76IV.7.3 Customer Premise Equipment Requirements....................................................................................................................76IV.7.4 Bandwidth Availability......................................................................................................................................................76


IV.7.5 Standards Compliance.......................................................................................................................................................76IV.7.6 Network Uptime................................................................................................................................................................76IV.7.7 Management Reports.........................................................................................................................................................76IV.7.8 Network Management.......................................................................................................................................................76IV.7.9 Network Security...............................................................................................................................................................76

IV.8 ETHERNET SERVICES (MAN/WAN)..........................................................................................................77IV.8.1 Service Description............................................................................................................................................................77IV.8.2 Service Availability...........................................................................................................................................................77IV.8.3 Customer Premise Equipment Requirements....................................................................................................................77IV.8.4 Standards Compliance.......................................................................................................................................................77IV.8.5 Network Uptime................................................................................................................................................................77IV.8.6 Management Reports.........................................................................................................................................................77IV.8.7 Network Management.......................................................................................................................................................77IV.8.8 Service Inter-operability....................................................................................................................................................78IV.8.9 Network Security...............................................................................................................................................................78

IV.9 CABLE BASED BROADBAND SERVICES..................................................................................................78IV.9.1 Service Description............................................................................................................................................................78IV.9.2 Service Availability...........................................................................................................................................................78IV.9.3 Customer Premise Equipment Requirements....................................................................................................................78IV.9.4 Standards Compliance.......................................................................................................................................................78IV.9.5 Network Uptime................................................................................................................................................................78IV.9.6 Management Reports.........................................................................................................................................................79IV.9.7 Network Management.......................................................................................................................................................79IV.9.8 Service Inter-operability....................................................................................................................................................79IV.9.9 Network Security...............................................................................................................................................................79

IV.10 FIXED WIRELESS SERVICES......................................................................................................................79IV.10.1 Service Description........................................................................................................................................................79IV.10.2 Service Availability.......................................................................................................................................................79IV.10.3 Customer Premise Equipment Requirements................................................................................................................80IV.10.4 Standards Compliance...................................................................................................................................................80IV.10.5 Network Uptime............................................................................................................................................................80IV.10.6 Management Reports.....................................................................................................................................................80IV.10.7 Network Management...................................................................................................................................................80IV.10.8 Service Inter-operability................................................................................................................................................80IV.10.9 Network Security...........................................................................................................................................................80

V MANAGED SERVICES – LOT 3..............................................................................................................81V.1 INTERNET ACCESS SERVICES......................................................................................................................81

V.1.1 Service Description............................................................................................................................................................81V.1.2 Service Availability...........................................................................................................................................................81V.1.3 Access Types-....................................................................................................................................................................82V.1.4 Customer Premise Equipment Requirements....................................................................................................................82V.1.5 Standards Compliance.......................................................................................................................................................82V.1.6 Service Level Agreement..................................................................................................................................................82V.1.7 Management Reports.........................................................................................................................................................83V.1.8 Network Management.......................................................................................................................................................83

V.2 INTERNET SERVICES.......................................................................................................................................83V.2.1 Hosting Services................................................................................................................................................................84V.2.2 Management Reports.........................................................................................................................................................86V.2.3 Network Management.......................................................................................................................................................86

V.3 CO-LOCATION SERVICES...............................................................................................................................86V.3.1 Service Description............................................................................................................................................................87V.3.2 Service Availability...........................................................................................................................................................87V.3.3 Access Types.....................................................................................................................................................................87V.3.4 Category of Service...........................................................................................................................................................87V.3.5 Standards Compliance.......................................................................................................................................................87


V.3.6 Security..............................................................................................................................................................................87V.3.7 Management Reports.........................................................................................................................................................87

V.4 MULTIPROTOCOL LABEL SWITCHING SERVICES (MPLS).................................................................87V.4.1 Service Description............................................................................................................................................................88V.4.2 Service Availability...........................................................................................................................................................88V.4.3 Access Types.....................................................................................................................................................................88V.4.4 Customer Premise Equipment Requirements....................................................................................................................88V.4.5 Category of Service...........................................................................................................................................................88V.4.6 Network Uptime................................................................................................................................................................88V.4.7 Management Reports.........................................................................................................................................................88V.4.8 Network Management.......................................................................................................................................................88V.4.9 Standards Compliance.......................................................................................................................................................89V.4.10 Network Security...............................................................................................................................................................89

V.5 MOBILE WIRELESS SERVICES......................................................................................................................89V.5.1 Service Description............................................................................................................................................................89V.5.2 Service Availability...........................................................................................................................................................89V.5.3 Required Features..............................................................................................................................................................89V.5.4 Mobile Wireless Devices...................................................................................................................................................90V.5.5 Mobile Wireless Device Features......................................................................................................................................90V.5.6 Use of Existing Wireless Devices......................................................................................................................................90V.5.7 Standards Compliance.......................................................................................................................................................91V.5.8 Trade-in Allowance...........................................................................................................................................................91V.5.9 Required Coverage............................................................................................................................................................91V.5.10 Uniform Service Delivery..................................................................................................................................................91V.5.11 Coverage Guarantee...........................................................................................................................................................91V.5.12 Management Reports.........................................................................................................................................................92V.5.13 Network Management (Based on Availability).................................................................................................................92V.5.14 Network Security...............................................................................................................................................................92V.5.15 Billing of Mobile Wireless Service...................................................................................................................................92V.5.16 Telephone Number Selection............................................................................................................................................93V.5.17 Mobile Wireless Data Services..........................................................................................................................................93V.5.18 Mobile Wireless Number Portability.................................................................................................................................93V.5.19 Future Mobile Wireless Services.......................................................................................................................................93

V.6 AUDIO CONFERENCING SERVICES.............................................................................................................93V.6.1 Service Description............................................................................................................................................................93V.6.2 Service Availability...........................................................................................................................................................94V.6.3 Customer Premise Equipment Requirements....................................................................................................................94V.6.4 Standards Compliance.......................................................................................................................................................94V.6.5 Hours of Operation............................................................................................................................................................94V.6.6 Session Reservation Procedures........................................................................................................................................95V.6.7 Session Support Services...................................................................................................................................................95V.6.8 Management Reports.........................................................................................................................................................95

V.7 VIDEO CONFERENCING SERVICES.............................................................................................................95V.7.1 Service Description............................................................................................................................................................95V.7.2 Service Availability...........................................................................................................................................................95V.7.3 Customer Premise Equipment Requirements....................................................................................................................96V.7.4 Transmission Speeds.........................................................................................................................................................96V.7.5 Multi-Point Conferencing..................................................................................................................................................96V.7.6 Bridging to Other Provider’s Service................................................................................................................................96V.7.7 Codec/Speed Conversion...................................................................................................................................................96V.7.8 Standards Compliance.......................................................................................................................................................96V.7.9 Hours of Operation............................................................................................................................................................96V.7.10 Session Reservation Procedures........................................................................................................................................96V.7.11 Session Support Services...................................................................................................................................................97V.7.12 Management Reports.........................................................................................................................................................97

V.8 INTERACTIVE VOICE RESPONSE SERVICES (IVR).................................................................................97


V.8.1 Service Description............................................................................................................................................................97V.8.2 Service Availability...........................................................................................................................................................97V.8.3 Customer Premise Equipment Requirements....................................................................................................................97V.8.4 Management Reports.........................................................................................................................................................97V.8.5 Standards Compliance.......................................................................................................................................................97

V.9 STUDENT RESALE SERVICES........................................................................................................................98V.9.1 Service Description............................................................................................................................................................98V.9.2 Management Reports.......................................................................................................................................................100V.9.3 Standards Compliance.....................................................................................................................................................100

V.10 BROADCAST COMMUNICATIONS SERVICE........................................................................................100V.10.1 Service Description..........................................................................................................................................................101V.10.2 Service Availability.........................................................................................................................................................101V.10.3 Access Types...................................................................................................................................................................101V.10.4 Customer Premise Equipment Requirements..................................................................................................................101V.10.5 Category of Service.........................................................................................................................................................101V.10.6 Network Uptime..............................................................................................................................................................101V.10.7 Management Reports.......................................................................................................................................................101V.10.8 Network Management.....................................................................................................................................................101V.10.9 Standards Compliance.....................................................................................................................................................102V.10.10 Network Security.........................................................................................................................................................102

V.11 EMERGENCY NOTIFICATION SERVICES.............................................................................................102V.11.1 Service Description..........................................................................................................................................................102V.11.2 Service Availability.........................................................................................................................................................102V.11.3 Access Types...................................................................................................................................................................103V.11.4 Customer Premise Equipment Requirements..................................................................................................................103V.11.5 Category of Service.........................................................................................................................................................103V.11.6 Network Uptime..............................................................................................................................................................103V.11.7 Management Reports.......................................................................................................................................................103V.11.8 Network Management.....................................................................................................................................................103V.11.9 Standards Compliance.....................................................................................................................................................103V.11.10 Network Security.........................................................................................................................................................103

VI ADMINISTRATIVE.................................................................................................................................104VI.1 PROCUREMENT INSTRUCTIONS............................................................................................................104

VI.2 OFFICE FOR TECHNOLOGY NOTIFICATION......................................................................................104VI.2.1 CIO/OFT PLAN TO PURCHASE POLICY...................................................................................................................104

VI.3 DEFINITION OF REQUIREMENTS...........................................................................................................105

VI.4 PROVISIONING OF SERVICES..................................................................................................................105VI.4.1 Installation Timeframes...................................................................................................................................................105VI.4.2 Required Project Manager...............................................................................................................................................105VI.4.3 Required Implementation Package..................................................................................................................................106VI.4.4 Escalation Procedures During Implementation...............................................................................................................106VI.4.5 Service Disruption During Installation............................................................................................................................106VI.4.6 Pre-Installation Site Visits...............................................................................................................................................106VI.4.7 Installation Personnel Requirement.................................................................................................................................107VI.4.8 Clean-up of Agency Site..................................................................................................................................................107VI.4.9 Restoration of Damaged Property...................................................................................................................................107VI.4.10 Final Acceptance of Installation..................................................................................................................................107

VI.5 BILLING REQUIREMENTS.........................................................................................................................108VI.5.1 Required Billing Cycle....................................................................................................................................................108VI.5.2 Monthly Bill Date............................................................................................................................................................108VI.5.3 Basic Service Charge Billing...........................................................................................................................................108VI.5.4 Billing and Rounding of Charges....................................................................................................................................109VI.5.5 Basic Service Charge Breakdown...................................................................................................................................109VI.5.6 Required Records.............................................................................................................................................................109


VI.5.7 Inappropriate Information in Bills...................................................................................................................................109VI.5.8 Changes in Monthly Costs...............................................................................................................................................110VI.5.9 Taxes / Surcharges / Fees................................................................................................................................................110VI.5.10 Required Billing Format..............................................................................................................................................110VI.5.11 Additional Monthly Invoices.......................................................................................................................................111VI.5.12 Optional Billing Format...............................................................................................................................................111VI.5.13 Individual Agency Billing...........................................................................................................................................111VI.5.14 Single Agency/Multiple Location Billing...................................................................................................................111VI.5.15 Single Agency/Multiple Location Optional Billing....................................................................................................111VI.5.16 Unique Account Identifier...........................................................................................................................................111VI.5.17 Billing of Past Charges................................................................................................................................................111VI.5.18 Disputed Charges.........................................................................................................................................................112VI.5.19 Incorrect Invoices........................................................................................................................................................112VI.5.20 Payments to Contractors..............................................................................................................................................112VI.5.21 Penalty for Non-Compliance.......................................................................................................................................112VI.5.22 Billing Software Administrator Training.....................................................................................................................112VI.5.23 System Fraud Control..................................................................................................................................................113

VI.6 INTERNET ACCESS TO CONTRACT & PRICING INFORMATION..................................................113

VI.7 SERVICE ADDITIONS AND CHANGES....................................................................................................114VI.7.1 Future Enhancements.......................................................................................................................................................115VI.7.2 Service Changes...............................................................................................................................................................115VI.7.3 Required Ordering Mechanism........................................................................................................................................115VI.7.4 Optional Ordering Mechanism........................................................................................................................................115VI.7.5 Authorized Agency Personnel.........................................................................................................................................115VI.7.6 Contractor Ordering Personnel........................................................................................................................................115VI.7.7 New Service or Change Order.........................................................................................................................................115VI.7.8 Disconnect Orders...........................................................................................................................................................116VI.7.9 Dual Service Requirement...............................................................................................................................................116VI.7.10 Optional Dual Service..................................................................................................................................................116VI.7.11 Temporary Suspension of Service...............................................................................................................................116VI.7.12 Pre-Installation Site Visits...........................................................................................................................................116VI.7.13 Installation Personnel Requirement.............................................................................................................................116VI.7.14 Escalation Procedures during Implementation............................................................................................................117

VI.8 ADMINISTRATIVE AND REPORTING REQUIREMENTS...................................................................117VI.8.1 Administration Requirements..........................................................................................................................................117VI.8.2 Reporting Requirements..................................................................................................................................................118VI.8.3 Contract Update...............................................................................................................................................................122VI.8.4 Emerging Technologies...................................................................................................................................................126VI.8.5 Contractors Insurance Requirements...............................................................................................................................126

VII NETWORK MANAGEMENT..................................................................................................................130VII.1 CONTRACTORS NETWORK......................................................................................................................130

VII.2 MANAGEMENT BY THE AUTHORIZED USER.....................................................................................130VII.2.1 Optional Toll Fraud Sessions.......................................................................................................................................130

VIII SECURITY REQUIREMENTS............................................................................................................130VIII.1 SYSTEM SECURITY REQUIREMENTS................................................................................................130

IX SERVICE LEVEL AGREEMENT..........................................................................................................130IX.1 SERVICE LEVELS, BY CLASS of SERVICE............................................................................................130

IX.1.1 Operations Service Levels...............................................................................................................................................131

IX.2 SERVICE MAINTENANCE REQUIREMENTS........................................................................................133IX.2.1 Service Level Agreements (Voice Services)...................................................................................................................133IX.2.2 Service Level Agreements (Connectivity Services)........................................................................................................133IX.2.3 Service Level Agreements (Managed Services)..............................................................................................................134


IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS...................................134IX.3.1 Trained Technical Staff...................................................................................................................................................135IX.3.2 Maintaining of Contracted Services................................................................................................................................135IX.3.3 Access to Maintenance/Trouble Reporting.....................................................................................................................135IX.3.4 Single Point of Contact....................................................................................................................................................135IX.3.5 Response to Maintenance Calls.......................................................................................................................................135IX.3.6 Categories of Maintenance Services................................................................................................................................135IX.3.7 Critical Maintenance Requirements................................................................................................................................135IX.3.8 Emergency Maintenance Requirements..........................................................................................................................136

IX.4 ROUTINE MAINTENANCE REQUIRMENTS..........................................................................................137

IX.5 MAINTENANCE / SERVICE HOURS.........................................................................................................138

IX.6 RESTITUTION................................................................................................................................................138IX.6.1 Credits for “Down Time”................................................................................................................................................138IX.6.2 Liquidated Damages........................................................................................................................................................138IX.6.3 Failure to Install Circuit or Commence Service on Due Date.........................................................................................139IX.6.4 Service Credits for Failure to Respond/Repair Troubles.................................................................................................139IX.6.5 Chronic Service Outages / Unsatisfactory Performance.................................................................................................140IX.6.6 Critical / Priority / Public Health and Safety Services....................................................................................................140IX.6.7 Billing Discrepancies.......................................................................................................................................................141

IX.7 SERVICE LEVEL AGREEMENT MATRIX..............................................................................................142

IX.8 INTERFACING WITH THIRD PARTY CONTRACTORS......................................................................160

IX.9 ESCALATION PROCEDURES DURING SERVICE MAINTENANCE.................................................160

X PROJECT REFERENCES / CLIENT INFORMATION.......................................................................160X.1 PROJECT REFERENCES / CLIENT INFORMATION...............................................................................160

XI METHOD OF AWARD OF CONTRACT...............................................................................................160XI.1 LOT 1 - VOICE SERVICES...........................................................................................................................161

XI.2 LOT 2 - CONNECTIVITY SERVICES........................................................................................................161

XI.3 LOT 3 - MANAGED SERVICES...................................................................................................................161

XII SPECIAL TERMS AND CONDITIONS.................................................................................................162XII.1 EXTENSION OF USE.....................................................................................................................................162

XII.2 SHORT TERM EXTENSION........................................................................................................................162

XII.3 CONTRACT MIGRATION...........................................................................................................................162

XII.4 AMERICANS WITH DISABILITIES ACT (ADA).....................................................................................163

XII.5 PERFORMANCE SECURITY......................................................................................................................163

XII.6 REGULATORY...............................................................................................................................................163XII.6.1 Tariffs..........................................................................................................................................................................163

XII.7 PRESS RELEASES.........................................................................................................................................165

XII.8 PUBLIC INFORMATION..............................................................................................................................165

XII.9 ELECTRONIC BID OPENING RESULTS..................................................................................................165

XIII PROPOSAL FORMAT AND CONTENT............................................................................................166XIII.1 BID DOCUMENT........................................................................................................................................167

XIII.2 QUALIFICATION OF BIDDER................................................................................................................167

XIII.3 EVIDENCE OF ABILITY/FINANCIAL SECURITY.............................................................................167


XIII.4 PRICING (Reasonableness of Price)..........................................................................................................168

XIII.5 LOT and Category OFFER DESCRIPTION(s) & SPECIFICATION(s)..............................................168

XIII.6 ADMINISTRATIVE....................................................................................................................................168

XIII.7 NETWORK MANAGEMENT...................................................................................................................168

XIII.8 SECURITY REQUIREMENTS.................................................................................................................168

XIII.9 SERVICE LEVEL AGREEMENT REQUIREMENTS..........................................................................168

XIII.10 EXTRANEOUS TERMS.............................................................................................................................168

XIII.11 BID DOCUMENT CHECKLIST...............................................................................................................169

XIII.12 QUALIFICATION OF BIDDER................................................................................................................169

XIII.13 EVIDENCE OF ABILITY/FINANCIAL SECURITY.............................................................................169

XIII.14 PRICING (Reasonableness of Price)..........................................................................................................169

XIII.15 LOT and Category OFFER DESCRIPTION(s) & SPECIFICATION(s)..............................................170

XIII.16 ADMINISTRATIVE....................................................................................................................................170

XIII.17 NETWORK MANAGEMENT...................................................................................................................170

XIII.18 SECURITY REQUIREMENTS.................................................................................................................170

XIII.19 SERVICE LEVEL AGREEMENT REQUIREMENTS..........................................................................170

XIII.20 EXTRANEOUS TERMS.............................................................................................................................170

XIII.21 QUESTIONAIRE.........................................................................................................................................172

XIII.22 ACKNOWLEDGMENT PAGE..................................................................................................................178

XIII.23 PROJECT REFERENCES / CLIENT INFORMATION........................................................................179

XIII.24 AUTHORIZED USERS...............................................................................................................................180

XIII.25 PROPOSAL FORM.....................................................................................................................................182

XIII.26 RESPONSE MATRIX FORM....................................................................................................................185

APPENDIX A – Standard Clauses for NYS Contracts.....................................................................................195

APPENDIX B – General Specifications............................................................................................................203

Appendix 1...........................................................................................................................................................225

APPENDIX 2 -....................................................................................................................................................231

APPENDIX C - Reference Excel Spreadsheet..................................................................................................232

APPENDIX D.....................................................................................................................................................233

Article 15-A Contractor's Executive Law (M/WBE) Requirements................................................................233

APPENDIX E......................................................................................................................................................235


GENERAL INFORMATION

IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the Office of General Services' Procurement Services Group has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

ATTENTION: BIDDERS SUBMITTING PROPOSALS IN RESPONSE TO RFP ARE ADVISED THAT ALL BID SUBMISSIONS WILL UNDERGO A REVIEW FOR COMPLETENESS. THIS WILL BE A PASS OR FAIL REVIEW. IN ORDER FOR BIDS TO BE EVALUATED THEY MUST BE 100% COMPLETE. ALL REQUIRED INFORMATION, FORMS, SIGNATURES ETC. MUST BE INCLUDED.

It is strongly recommended that bidders familiarize themselves with the provisions of RFP 20268 by:

reading the RFP thoroughly reviewing the previous inquiries and responses, see Appendix E* current contract holders must submit a complete proposal for any Lots or

Categories not previously awarded submitting any additional inquiries by the date indicated in section I.5 using the Bidders Table of Contents and the Bidder Proposal Checklist,

Section XIII, as a guide when responding to RFP 20268 and as a final checklist prior to submitting a proposal for review and possible evaluation.

Lots 1 and 3 contain new categories as follows:Lot 1 Category H - Pay Telephone ServiceLot 3 Category J – Broadcast Communication Services

(This includes, but is not limited to, various television services, such as cable-based, satellite, IPTV or internet. The service may be based upon IP or other methodologies.)

Category K – Emergency Notification Services(Emergency Notification Services may be voice or data, but do not include in-house notification systems such as nurse call or intercom paging systems.)

*NOTE: Bidders are advised to read this section prior to submitting questions to prevent any duplication.

This will help prevent proposals being deemed incomplete, non-responsive and ineligible for recommendation for contract award.

NOTICE TO BIDDERS:


The Commissioner of General Services will receive bids pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used for bid submittals:

1. BID PREPARATION

ONE (1) bound (Three Ring Binder) hard and TWO (2) electronic copies of the bid responses are required. THREE (3) copies are required for original inked signature pages, including any requiring a notary, these are identified in section IX.1 Bid Document. The Electronic copies MUST be in an UNPROTECED, application format such as: Microsoft Word or Excel. Copies of certificates, licenses, etc may be provided in electronic format such as adobe pdf.

Bidders should identify all the Telecommunications Services that they offer for lots or categories being bid.

All services and/or required equipment associated with services offered by the bidder must be provided to meet the requirements of this RFP along with any additional information to ensure a complete proposal of all services the bidder offers. This information will include but not be limited to: service type, optional service features, etc…

Bidders are required to provide price comparison information that demonstrates the reasonableness of price offered to NYS. Examples of this appear below.*

Bidders are required to submit all relevant Contract/Price information in electronic format to identify comparable contacts/commercial customers utilized to support reasonableness of price.

*To establish Reasonableness of Price Bidders must identify: The contracting entity (GSA, VA, NYS, etc…), Contract number Contract term Contracting entity contact name, telephone number and e-mail address Any terms and conditions such as; committed volume, considerations such as standardized platform

or other factors that may impact comparison pricing. The specific Lot and/or category that the contract/price information relates to The page number(s) and section(s) of the contract being utilized for purposes of establishing

reasonableness of price for items bid

* THE INFORMATION MUST ALSO BE REFLECTED IN APPENDIX C

Any modification to RFP language may result in a bidder’s response being deemed non-responsive. In the event of a resultant contract award where the RFP language was found to be modified the contract will be cancelled.

Prepare your bid on this form using indelible ink. Print the name of your company on each page of the bid in the block provided.

Bidders are encouraged to identify all the Comprehensive Telecommunications Services they offer for lots or categories being bid.


All services and/or required equipment offered by the bidder must be provided to meet the requirements of this RFP along with any additional information to ensure a complete proposal of all the Telecommunications Services the bidder offers.

2. BID DEVIATIONSIf your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a separate sheet. See “Extraneous Terms” Section 13, in Appendix B, OGS General Specifications.

NOTE: Appendix B was revised and updated in July 2006, no changes to Appendix B will be considered. Listing extraneous terms that conflict with Appendix B will delay the evaluation of your proposal and may delay a recommendation for contract award or cause the proposal to be deemed non-responsive and ineligible for contract award.

3. BID DELIVERYBidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to OGS prior to the date of the bid opening. LATE BIDS may be rejected. E-mail bid submissions are not acceptable and will not be considered.

Bid envelopesAn envelope containing a bid should be marked "BID ENCLOSED" and state the Bid Number, Bid Opening Date, and Time on the envelope containing the sealed bid. Failure to complete all information on the bid envelope may necessitate the premature opening of the bid and may compromise confidentiality. See "Bid Submission" in Appendix B, OGS General Specifications. Bids shall be delivered to:

State of New York Executive DepartmentOffice of General Services

Procurement Services GroupCorning Tower - 37th Floor Reception Desk

Empire State PlazaAlbany, NY 12242

FAX transmittalsNOT PERMITTED

Hand deliveries Bidders must allow extra time to comply with the security procedures in effect at the Empire State Plaza when hand delivering bids or using deliveries by independent courier services. Bidders assume all risks for timely, properly submitted deliveries.

4. IMPORTANT SECURITY PROCEDURES Effective January 30, 2006, new security procedures are in effect at the Corning Tower. While Empire State Plaza procedures govern both parking and admittance to buildings, the new Corning Tower procedures require turnstile security access. Photo identification is required. Bidders attending bid openings are encouraged to pre-register for building access by contacting the Procurement Services Groups (PSG) receptionist at 518-474-6262 at least 24 hours prior to the bid opening. Visitors not pre-registered will be directed to a designated phone to call the PSG Receptionist. Vendors who intend to deliver bids or conduct business with PSG should allow extra time to comply with the security procedures. These security procedures may change or be modified at any time.


NON-COLLUSIVE BIDDING CERTIFICATION:(Reference: State Finance Law Section 139-d and Appendix A, Clause 7)By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and

in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

PROCUREMENT LOBBYING TERMINATION:OGS reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer/bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, OGS may exercise its termination right by providing written notification to the Offerer/bidder in accordance with the written notification terms of this contract.

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website:http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

DISPUTE RESOLUTION POLICY:It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide

vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG’s Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this Invitation for Bids or through the OGS website (www.ogs.state.ny.us).

ELECTRONIC PAYMENTS:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html


The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at [email protected] or by phone at 518-474-4032.

APPENDIX A:Appendix A, Standard Clauses For New York State Contracts, dated June 2006, attached hereto, is

hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference.

APPENDIX B:Appendix B, Office of General Services General Specifications dated July 2006, attached hereto, is

hereby expressly made a part of this Bid Document as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A. Please retain this document for future reference.NOTE: Appendix B was revised and updated in July 2006, no changes to Appendix B will be considered. Listing extraneous terms that conflict with Appendix B will delay the evaluation of your proposal and may delay a recommendation for contract award or cause the proposal to be deemed non-responsive and ineligible for contract award.

CONFLICT OF TERMS AND CONDITIONS:Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall be resolved in the following order of precedence:a. Appendix A (Standard Clauses for NYS Contracts)b. Mini-Bid Project Definition if applicable and in accordance with the terms and conditions of the Back-

Drop Contract.c. Contract and other writing(s) setting forth the final agreements, clarifications and terms between the

Bid Documents and Contractor’s Bid. In the latter circumstance, clarifications must specifically note in writing what was offered by the Contractor and what was accepted by the State. If not, such clarifications shall be considered last in the order of precedence under this paragraph.

d. Bid Documents (Other than Appendix A).i. Bid Specifications prepared by the Authorized User.ii. Appendix B (General Specifications).iii. Incorporated Contract Appendices, if any, following the order of precedence as stated for Contract

above.e. Contractor’s Bid or Mini-Bid Proposal.f. Unincorporated Appendices (if any).

NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE (Appendix 1):Bidder agrees to fully and accurately complete the NYS Standard Vendor Responsibility Questionnaire, which is attached as Appendix 1 (hereinafter the “Questionnaire”). The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire in making that determination. The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract by providing ten (10) days written notification to the Contractor. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

Group 77017 Comprehensive Telecommunications Services of 262 RFP 20268 PROCUREMENT SERVICES GROUPTAX LAW § 5-A (Appendix 2):

Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded state contracts for commodities, services and technology valued at more than $100,000 to certify to the Department of Taxation and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to contracts where the total amount of such contractors’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made.

This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold is registered with DTF to collect New York State and local sales and compensating use taxes. The law prohibits the State Comptroller, or other approving agency, from approving a contract awarded to a contractor meeting the registration requirements but who is not so registered in accordance with the law.

Contractor certification forms and instructions for completing the forms are in Appendix 2. Form No. ST-220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST-220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for the contractor, its affiliate(s), or its subcontractor(s), a new Form No. ST-220-TD must be filed with DTF.

Form ST-220-CA must be filed with the bid and submitted to the procuring covered agency certifying that the contractor filed the ST-220-TD with DTF. Proposed contractors should complete and return the certification form, ST-220-CA, with their proposal. Failure to make either of these filings may render a bidder non-responsive and non-responsible. Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law.

Vendors may call DTF at 1-800-698-2909 for any and all questions relating to Section 5-a of the Tax Law and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.nystax.gov

FREEDOM OF INFORMATION LAW:During the evaluation process, the content of each bid/proposal will be held in confidence and details of any bid/proposal will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. SHOULD YOU FEEL YOUR FIRM'S BID/PROPOSAL CONTAINS ANY SUCH TRADE SECRETS OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION, YOU MUST SUBMIT A REQUEST TO EXCEPT SUCH INFORMATION FROM DISCLOSURE. SUCH REQUEST MUST BE IN WRITING, MUST STATE THE REASONS WHY THE INFORMATION SHOULD BE EXCEPTED FROM DISCLOSURE AND MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT INFORMATION. REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF A BID/PROPOSAL FROM DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE DISCOURAGED. KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION FROM DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE DISCLOSURE OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF YOUR FIRM.

http://www.nystax.gov/


MERCURY-ADDED CONSUMER PRODUCTS:Bidders are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale of fever thermometers containing mercury and the sale of elemental mercury for other than research purposes due to the hazardous waste concerns of mercury. The law further states that effective July 12, 2005, manufacturers are required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercury-added consumer products. Bidders are encouraged to contact the Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) 402-8705 or the Bureau of Hazardous Waste Regulation at 1-800-462-6553 for questions relating to the law. Bidders may also visit the Department's web site for additional information:

http://www.dec.state.ny.us/website/dshm/redrecy/c145home.html

EPA ENERGY STAR PROGRAM:The Federal EPA, in cooperation with manufacturers, continues a program to foster the manufacture of energy efficient equipment. New York State fully supports this effort and requires all products offered to comply with EPA Energy Star guidelines for energy efficiency. The State may discontinue use of and/or delete from contract selected products as mandated by any NYS energy legislation that is enacted during the term of this contract. The contractor shall have no recourse with the State for such discontinuance/deletion.

CONTRACTOR RESPONSIBILITIESThe Contractor will assume sole responsibility for delivery, installation and maintenance of all materials, deliverables, equipment, supplies, software maintenance and support services offered in its proposal whether or not it is the manufacturer or producer of them. The State will consider the Contractor to be the sole point of contact with regard to contractual matters.

While the State’s intent under this RFP is to enter into contract awards with a Contractor for providing Comprehensive Telecommunications Services, the State recognizes that regulatory requirements exist that may prevent potential Bidders from acting as a sole contractor to the State. In such circumstances, the State reserves the right in its discretion to consider Proposals from partner vendors and any proposed subcontractors where services would be provided consistent with and in conformance with regulatory requirements and this RFP. The Bidder that offers such proposal must describe how they are partnering/subcontracting in detail and identify and include the applicable regulatory requirements in their response. Bidder shall document its ability to develop, lead and manage partner vendors to fully meet the current and future Comprehensive Telecommunications Service requirements.

The Bidder that offers such proposal must also agree to the following conditions:

Any eventual contract(s) awarded as a result of RFP 20268(rev 2/2009) will reflect the Federal Identification Number of the bidding entity indicated on page one of the RFP. There are no provisions for contracts that reflect multiple Federal Identification Numbers.

The primary contracting partner must act as a single point of contact in all substantive and material matters relative to administration of the contract(s).

Bidders should include in their proposal if there are various remit to addresses associated with categories of services being bid. The contract holders name and Federal ID is the only name and Federal ID that can appear on all invoices regardless of the remit to address. This information will be published in the Contract Award Notification.If regulatory requirements change, the primary contracting partner must agree to assign, convey and transfer the current contracts into a

http://www.dec.state.ny.us/website/dshm/redrecy/c145home.html


single contract with the State. The primary contracting partner is responsible for ensuring that any partner vendors/subcontractors would be subject to such assignment, conveyance and transfer.

EXTENSION OF USEAny contract resulting from this RFP may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State and the Bidder. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.

SHORT TERM EXTENSIONIn the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the Bidder with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the Bidder and Office of State Comptroller, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

AMERICANS WITH DISABILITIES ACT (ADA)The Federal ADA Act, signed into law July 26, 1990, bars employment discrimination and requires all levels of Government to provide necessary and reasonable accommodations to qualified workers with disabilities. Bidders are required to identify and offer any software or hardware products they manufacture or adapt which may be used or adapted for use by visually, hearing, or any other physically impaired individuals.

Although it is not mandatory for bidders to have this equipment in order to receive an award, it is necessary to identify any such equipment they have which falls into the above category.

PRESS RELEASESNo brochure, news/media/press release, public announcement, memorandum other information of any kind regarding the Contract shall be disseminated in any way to the public, nor shall any presentation be given regarding the Contract without prior written approval from OGS, which written approval shall not be unreasonably withheld or delayed provided, however, that Contractor shall be authorized to provide copies of the Contract and answer any questions relating thereto to any State or Federal regulators in connection to its financial activities, to financial institutions for any private or public offering.

PUBLIC INFORMATIONDisclosure of items related to this Agreement shall be permitted consistent with the laws of the State of New York and specifically the Freedom of Information Law (FOIL) contained in Section 87 of the Public Officers Law. The State shall take reasonable steps to protect from public disclosure any of the records relating to this procurement that are otherwise exempt from disclosure under that statute. Information constituting trade secrets, for purposes of FOIL, must be clearly marked and identified as such upon submission. If the Contractor intends to seek an exemption from disclosure of these materials under FOIL, the Contractor shall, at the time of submission, request the exemption in writing and provide an explanation of why the disclosure of the identified information would cause substantial injury to the competitive position of the Contractor. Acceptance of the identified information by the State does not constitute a determination that the information is exempt from disclosure under FOIL. Determinations as


to the availability of the identified information will be made in accordance with FOIL at the time a request for such information is received by the State."

ELECTRONIC BID OPENING RESULTSThe Procurement Services Group (PSG) is piloting a project to post bid information on the OGS/PSG web page. The web page makes available bid tabulations (i.e.: bidders list, photocopies of price pages or spreadsheets) received by PSG for scheduled bid openings. Previously only available through Freedom of Information, such information is anticipated to be available online within two business days after the bid opening. The Bid Opening Results Page is available at:

http://www.ogs.state.ny.us/purchase/bi dresults/bidresults.asp

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED MINORITY/WOMEN-OWNED BUSINESSES

In accordance with Article 15-A of the New York State Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women’s Business Development Division of the New York State Department of Economic Development set forth at 5 NYCRR Parts 140-144, the Offerer/Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women, and the facilitation of minority and women-owned business enterprise participation on all covered OGS contracts.

a. Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that the provisions of Appendix A clause 12 – Equal Employment Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements of these provisions will be binding upon each subcontractor as to work in connection with the State contract.

b. Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses

Authorized Users are encouraged to make every good faith effort to promote and assist the participation of New York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers on this contract for the provision of services and materials. To locate New York State Certified M/WBEs, the directory of Certified Businesses can be viewed at: http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp

USE OF RECYCLED OR REMANUFACTURED MATERIALS:New York State, as a member of the Council of Great Lakes Governors, supports and encourages vendors to use recycled, remanufactured or recovered materials in the manufacture of products and packaging to the maximum extent practicable without jeopardizing the performance or intended end use of the product or packaging unless such use is precluded due to health or safety requirements or product specifications contained herein. Refurbished or remanufactured components or products are required to be restored to original performance and regulatory standards and functions and are required to meet all other requirements of this bid solicitation. Warranties on refurbished or remanufactured components or products must be identical to the manufacturer's new equipment warranty or industry's normal warranty when remanufacturer does not offer new equipment. See "Remanufactured, Recycled, Recyclable or Recovered Materials" in Appendix B, OGS General Specifications.

http://www.ogs.state.ny.us/purchase/bidresults/bidresults.asp

Group 77017 Comprehensive Telecommunications Services of 262 RFP 20268 PROCUREMENT SERVICES GROUPDIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW):

On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2007. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART.

As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public authorities. Thirty-three percent (33%) of affected vehicles must have BART by December 31, 2008, sixty-six percent (66%) by December 31, 2009 and one-hundred percent (100%) by December 31, 2010. The Law provides a list of exempted vehicles. Regulations currently being drafted will provide further guidance as to the effects of the Law on contract vendors using heavy duty diesel vehicles on behalf of the State. The Law also permits waivers of ULSD and BART under limited circumstances at the discretion of the Commissioner of Environmental Conservation. The Law will also require reporting from State agencies and from contract vendors in affected contracts.

Therefore, the bidder hereby certifies and warrants that all heavy duty vehicles, as defined in NYECL §19-0323, to be used under this contract, will comply with the specifications and provisions of NYECL §19-0323, and any regulations promulgated pursuant thereto, which requires the use of BART and ULSD, unless specifically waived by NYSDEC. Qualification and application for a waiver under this Law will be the responsibility of the bidder.


GLOSSARY OF TERMS.The definitions associated with the below referenced acronyms are not meant to be used as specifications or to define service qualifications. They are informational only. The following defined acronyms are used throughout this RFP.

ANI - Automatic Number IdentificationATM - Asynchronous Transfer ModeBTN - Billing Telephone NumberBRI – Basic Rate InterfaceCCRS-Centrex Customer Rearrangement SystemCentrex - CENTRal office EXchangeCLEC – Competitive Local Exchange CarrierCO – Central OfficeCodec - Coder/Decoder CPE – Customer Premise EquipmentCSU/DSU – Channel Service Unit / Digital Service UnitDDS – Digital Data ServiceDID – Direct Inward DialDSL – Digital Subscriber LineDS-1 – Digital Signal, level 1DTMF – Dual Tone Multi-FrequencyE-911 - Enhanced 911

FCC - Federal Communications CommissionILEC - Incumbent Local Exchange CarrierISDN - Integrated Services Digital NetworkIXC – IntereXchange CarrierKbps – Kilobits per secondLATA – Local Access and Transport AreaLEC – Local Exchange CarrierLNP - Local Number PortabilityPBX – Private Branch ExchangePIC - Primary Interexchange CarrierPOP – Point of PresencePOTS – Plain Old Telephone ServicePRI – Primary Rate InterfaceRBOC – Regional Bell Operating CompanySLC - Subscriber Line ChargeSONET – Synchronous Optical NetworkUSF - Universal Service FundVPN – Virtual Private NetworkVoIP - Voice over Internet Protocol

ANI - The number transmitted through the network that identifies the calling party.

ATM - Asynchronous Transfer Mode (ATM) Network Service is a form of 'fast packet' switching service for high speed networks which require flexible bandwidth, high-performance transport and switching for connectivity between and among widely distributed customer locations.

BTN - Billing Telephone Number

BRI – provides for digital transmission of two 64 kbps bearer channels and one 16 kbps data and signaling channel (2B+D).

CCRS - Centrex Customer Rearrangement System

Centrex - A class of central office service that provides the equivalent of PBX service from a telephone company switching system. Permits station-to-station dialing, direct inward dialing to a particular station, and station identification on outgoing calls.

CLEC – Any company or person authorized to provide local exchange services in competition with an ILEC.


CO – Building where end users' lines are joined to switching equipment that connects other end users to each other, both locally and via long distance carriers. The central office contains the associated inside plant network elements required to perform this function, such as distribution frames, interoffice facility termination points, and so on.

Codec - Coder/Decoder

CPE – Terminating equipment located on the customer's premises and connected to the service provider network.

CSU/DSU – Equipment that performs the termination of a digital facility; regeneration of digital signals; detection and/or correction of signal format error; and remote loopback.

DDS –dedicated digital connections for transmitting simultaneous two-way synchronous data at speeds of 2.4, 4.8, 9.6, 19.2, 56 and 64 Kbps between two or more locations or immediate access to the public network.

DID – Direct Inward Dial

DSL – A generic name for a group of enhanced speed digital services provided by telephone service providers. DSL services run on twisted-pair wires; they carry both voice and data.

DS-1 – An Access Service that provides voice, video and data transmission at speeds up to 1.544 Mbps.

DTMF – A type of switched access line address signaling that uses two tones transmitted simultaneously to indicate a digit (0 to 9) or character (* or #).

E-911 - An emergency call service that routes 911 calls to a Public Safety Answering Point.

FCC - A federal government agency authorized by the Communications Act of 1934 to regulate interstate and international telecommunications originating in the United States.

FUSF - Surcharge instituted in July 2000 as a mechanism to recover Universal Service funding obligations as set forth in the FCC's Universal Service Order, CC Docket No. 96-45.

ILEC - Incumbent Local Exchange Carrier that provides telephone exchange service in an area.Internet Access - A connection which allows you to get on the Internet through an Internet Service Provider (ISP) of your choice.

ISDN - A high bandwidth switched network service providing end-to-end digital connectivity over standard phone lines for simultaneous transmission of voice and data.

IXC – A interstate long distance communications services between LATAs, and to provide long distance communications services. An Interexchange Carrier provides, directly or indirectly, interLATA or intraLATA services. May be an individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged for hire in interstate or foreign communication by wire or radio, between two or more exchanges.

Kbps – A measurement for data transmission. One kilobit per second is one thousand bits per second.


LATA – A geographic area within a telephone company's franchised territory for the purpose of defining the area within which a telephone company may offer services.

LEC – A company certified by the Federal Communications Commission (FCC) to provide local exchange telecommunications service.

LNP - The process by which an end user can retain the same telephone number regardless of which local service provider his chosen.

PBX – A private telephone switching system commonly located on the end user premises with an attendant console. The PBX is connected to a common group of lines from one or more central offices to provide service to a number of individual phones

PIC - The long distance company to which traffic is automatically routed when an end user dials 1+ a telephone number.

POP – The physical place within a LATA where a long distance carrier or a cellular provider interfaces with the network of the local exchange carrier.

POTS – The basic single line switched access service offered by local exchange carriers to residential and business end users.

PRI – (PRI-ISDN)--provides for digital transmission of twenty three (23) 64 kbps bearer channels and one (1) 64 kbps data and signaling channel (23 B+D).

RBOC – Regional telephone companies

SLC - A fee paid by a telephone subscriber to the local exchange carrier for part of the cost of installation and maintenance of the telephone wire, poles, and other facilities that link a residence to the telephone network. The SLC is one component of access charges.

SONET – An optical interface standard that allows different digital signals to be transported using a base transmission rate of 51.84 megabits per second OC-1 (Optical Carrier) STS-1 (Synchronous Transport Signal). Higher rates are direct multiples of the basic OC-1 building block.

VoIP - An industry transmission standard which supports voice communications over IP information networks, such as the Internet.

VPN – Virtual private networks are secured private network connections, built on top of publicly-accessible infrastructure, such as the Internet or the public telephone network.


I CONTRACT SCOPE

I.1 OBJECTIVEThe New York State Office of General Services (OGS), Procurement Services Group (PSG) is seeking qualified and experienced vendors as defined in Section II of this RFP to provide proposals for Comprehensive Telecommunication Services as outlined in Lots 1, 2 and 3 below. Proposals may be submitted for any combination of LOTS, Categories within LOTS, Statewide or by Counties. The intent is to award multiple contracts, both statewide and/or by county, to provide Authorized Users the ability to obtain various Telecommunication Services. This RFP outlines the terms and conditions, as well as the accepted Telecommunication Services and installation specifications bidders will be required to adhere to in order to be considered for a recommendation for contract award.

Bidders should pay strict attention to the bid submission date and time to prevent disqualification. To insure compliance with bid requirements and prevent possible disqualification, bidders should follow the format and instructions in the FORMAT AND CONTENT OF BID SUBMITTAL, Section XIII of this RFP.

I.2 SERVICE LOTS AND CATEGORIESBidders may:

Bid by Lot(s) or Categories of Services within the Lot(s) Statewide By County or Multiple Counties

Bids will be evaluated upon the verifiable demonstration of bidder’s ability to perform.

I.2.1 Lot 1 – Voice Services Category

A. Local Exchange Service B. Long Distance C. Toll Free D. Centrex E. Calling Card F. Directory Assistance G. Voice over IP H. Pay Telephone Service

I.2.2 Lot 2 – Connectivity Services Category

A. Private Line Data Services B. Switched 56 C. Integrated Services Digital Network (ISDN) D. Digital Subscriber Line (DSL) E. Frame Relay Services F. ATM G. SONET H. Ethernet (MAN/WAN)I. Cable Based Broadband J. Fixed Wireless Services (Satellite, Microwave, etc)


I.2.3 Lot 3 – Managed Services Category

A. Internet Access Services B. Internet Services C. Co-Location Services D. Multi Protocol Label Switching (MPLS) E. Mobile Wireless F. Audio Conferencing G. Video Conferencing H. Interactive Voice Response (IVR) I. Student Resale J. Broadcast Communication Services K. Emergency Notification Services

I.2.4 Coverage AreasThis RFP seeks to secure ubiquitous coverage within the geographic boundaries of New York State, Statewide or Regional as defined below.

To enhance competition and ensure timely acquisition of Telecommunications Service, the Regional awards will be made by County. New York State is divided into 62 Counties. The counties to be covered are as follows:

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUP

AlbanyAllegany

BronxBroome

CattaraugusCayuga

ChautauquaChemungChenango

ClintonColumbiaCortlandDelawareDutchess

ErieEssex

FranklinFulton

GeneseeGreene

Hamilton

HerkimerJefferson

KingsLewis

LivingstonMadisonMonroe

MontgomeryNassau

New YorkNiagaraOneida

OnondagaOntarioOrangeOrleansOswegoOtsegoPutnamQueens

Rensselaer

RichmondRocklandSaratoga

SchenectadySchoharieSchuylerSeneca

St. LawrenceSteubenSuffolkSullivanTioga

TompkinsUlster

WarrenWashington

WayneWestchesterWyoming

Yates

*NOTICE* Bidders can bid Statewide, by County or Multiple Counties

I.3 BACKGROUNDThis RFP (version 2009) is intended to result in the award of contracts to replace existing contracts and add additional services and features to reflect current and future Telecommunication Service needs, installation methods and the requirements contained herein.

Contracts resulting from this RFP will contain the underlying agreement between bidders and the State of New York for Telecommunication Services each bidder is determined qualified to provide. These Telecommunications Services will be at the best value pricing the Contractor(s) offer these services to Authorized User(s).

Contracts awarded as a result of this RFP 20268 will replace the following:

Group 77013, Award 19031, due to expire June 29, 2010 Paging Services

I.4 INQUIRIES/ISSUING OFFICE:All inquiries concerning this specification will be addressed to the following PSG Contact and issuing office:

Contact: Donna McNeilPhone No.: (518) 474-4579FAX No. (518) 486-6867E-Mail: [email protected]

All questions must be submitted in writing no later than April 14, 2009. Inquiries must cite the particular bid section number and title, page and paragraph number.


Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the bid. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid. Bidders entering into a contract with the State are expected to comply with all the terms and conditions contained herein. Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

Only written questions or comments will receive a response.


I.5 KEY EVENTS/DATESEVENT DATE TIME

RFP Release February 20, 2009Closing Date for Inquiries* March 20, 2009Response to Inquiries April 10, 2009Bid Opening May 05, 2009 11:00 a.m.

*Bidders are advised to read the Inquiries & Responses to the previous version of RFP 20268 located in Appendix E. These will assist first time bidders submitting proposals in response to RFP 20268 (2009 version) and prevent any duplication of inquiries.

I.6 CONTRACT TERMAwards resulting from this periodic recruitment will have a duration of approximately seven (7) years commencing on the date of approval by the New York State Comptroller effective upon mailing by OGS (see Appendix B, Clause 38) with an allowance for annual termination after an initial five-year period. For determination of the initial five-year period, the original award date of August 16, 2007 will be used. The expiration date of any resulting contracts resulting from this RFP shall be coterminous with the original contract expiration date of August 15, 2017. The State shall have the right to terminate this contract early for: (i) unavailability of funds; (ii) cause; or (iii) convenience.

Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. Additionally, all contracts awarded based upon this RFP will terminate simultaneously on the future anniversary date of the Office of the State Comptroller’s approval of the first contract(s) resulting from this RFP.

This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of Telecommunication Services, maintenance and other incidental services (including, but not limited to, training). Terms used in this document shall have the meanings set forth in Appendix B. Amendments or modifications to the terms and conditions set forth herein may only be made with mutual written agreement of the parties and with the approval of the New York State Attorney General and Comptroller.

I.7 PERIODIC RECRUITMENTThis RFP is a Periodic Recruitment RFP to obtain qualified bidders to provide Telecommunication Services. OGS intends to make awards through the Periodic Recruitment of proposals. This RFP will result in a group of contracts which become effective upon approval by the Office of the State Comptroller (OSC). Bidders who are rejected or who missed this initial opportunity to submit a proposal will be allowed to respond to the requirements of this RFP, which may be revised as required and reissued periodically. The goal is to have additional new contracts in place periodically during the term of the initial contract award(s) approved by OSC, or as otherwise specified by OGS and submitted to the Office of the State Comptroller for contract approval. OGS reserves the right to make a final determination regarding the timing of the periodic issuance of this RFP.

Periodic Recruitment is a contracting process offered through the NYS Office of General Services which is designed to assist vendors to do business with the State of New York more easily and in a timelier manner. Key objectives are:


i. Ability to award contracts to new Bidders on an on-going basis; ii. Ability of the State to respond to fluid changes in the Telecommunications

marketplace as technology issues change; iii. Ease the duplicative requirements otherwise imposed on Bidders when filing bids, and iv. Allow newly emerging technologies or Bidder specialties to be quickly recognized and

included by amendment to existing contracts.

A. The start date for each bidder’s contract will vary according to the date of bid submission and approval. All contracts awarded based upon this RFP will terminate simultaneously on the future anniversary date of the Office of the State Comptroller’s approval of the first contract(s) resulting from this RFP including any resulting extensions.

B. All future proposals submitted under the Periodic Recruitment provisions must meet all requirements of RFP 20268 and the submissions will be evaluated using the same evaluation criteria applied to submissions received when RFP 20268 was originally issued.

I.8 EXAMINATION OF CONTRACT DOCUMENTSThis Request for Proposal is comprised of the Cover Sheet as the first page and 261 pages numbered sequentially in the header. It is the Bidder’s responsibility to ensure that all pages have been included in the RFP received. If it is determined that a page(s) is missing or otherwise defective, the Bidder must contact the PSG Associate identified in Section I.4, immediately so that a corrected copy can be issued to the Bidder. Incomplete proposals, which may be a result of a defective or incomplete RFP, may be subject to disqualification.

Each Bidder shall examine specifications and all other data or instruction pertaining to the RFP. No pleas of ignorance of conditions that may be encountered or of any other matter concerning the RFP in the execution of the associated work will be accepted by the Procurement Services Group as an excuse for any failure or omission on the part of the Vendor to fulfill every detail of all the requirements of the documents governing the work. If awarded a contract, the Vendor will not be allowed any compensation for any circumstance for which the Vendor did not obtain full information prior to bidding.

Any Bidder in doubt as to the true meaning of any part of the specification or the proposed contract documents shall submit a written request for an interpretation. Reference Section 1.5 Key events/dates. Inquiries shall be addressed to: Office of General Services, Procurement Services Group, 38th Floor, Corning Tower, Empire State Plaza, Albany, New York 12242. ATTN: RFP 20268, Inquiries.

The written word shall take precedence over electronic links to sections in this RFP. If a major change is involved on which all Bidders must be informed, such request for interpretation shall be delivered, in writing, by the date for the close of inquiries stated in Section I.5 . Any interpretation of the proposed documents will be made by the issuance of an addendum. A copy of the addendum will be electronically mailed to all potential Bidders prior to the date of the bid opening.

Any addendum issued during the time of bidding shall be included in bids and in closing a contract will become a part thereof.

Any verbal information obtained from statements made by representatives of the Procurement Services Group at the time of examination of the documents shall not be construed in any way as amending contract documents. Only such corrections or addenda issued in writing to all Bidders shall become a


part of the RFP and any resultant contract. The Procurement Services Group will not be responsible for verbal instructions.

II QUALIFICATION OF BIDDERBidders are advised that the State's intent in listing the following requirements is to ensure that only qualified and reliable vendors submit proposals and be considered for contract award. The State recognizes that there may be equally qualified, reliable Vendors who do not meet all of the requirements specifically as stated, but may in fact meet the objectives, and criteria intended in the RFP in some other manner. Bidders submitting proposals shall have the burden of demonstrating to the State's satisfaction that they can in fact perform the work in order to be considered for contract award. Proof of these qualifications shall be in the form of written statements as to the bidder’s experience, references, listing of contracts performed, sales, financial statements, human resources, or ability to respond such that OGS can evaluate the bidder’s ability. All statements made must be able to be independently verified by OGS.

Bids will be accepted only from established Service providers:

o Bidders must submit with their bid satisfactory evidence that they have had previous experience, adequate financial resources, and organization as herein specified to perform the type, magnitude, and quality of Lot and Categories bid. This information is to be provided in Executive Summary format and included in the proposal.

o Bidders must have at least 3-years in continuous operation and experience in the service being bid or provide acceptable evidence of experience and expertise in the Lot and Categories bid. Experience information must be provided in Executive Summary format and inserted in the proposal.

Bidders must meet and provide the following Sales Volume Requirements:o For Statewide Contract Award

Minimum of $750,000 in verifiable total sales or completed projects in the past 24 months or since inception of the company for the total sales for the various types of services bid. NOTE: this requirement is for total sales not for sales by category or lot bid.

o For Regional (County) AwardMinimum of $250,000 in verifiable total sales or completed projects in the past 24 months or since inception of the company for services bid. Bidders submitting proposals for 3 or more regions must demonstrate a minimum of $500,000 in total sales. See note above.

OGS retains the right to request any additional information it deems necessary to ensure reliable and satisfactory services. Such inquiries may include but are not limited to:

o Bidders ability, o qualifications, o procedures used to provide services under any contracts resulting from this RFP

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPNOTE: For future contracts awarded under the provisions of the Periodic recruitment section, to obtain emerging technologies, where need is proven by authorized contract users, the requirements above may be modified.

II.1 EVIDENCE OF ABILITY/ FINANCIAL SECURITYBidders are required to provide a Dun & Bradstreet (D&B) Comprehensive Insight Plus Report TM

for small Business or Comprehensive Report for large business associated to the bidder’s Federal Tax ID. The report must be dated no more than 6 months prior to the bid opening date.

NOTICE: Other reports available from Dun & Bradstreet are NOT acceptable substitutions and bids presented with out the Dun & Bradstreet Comprehensive Insight Plus Report TM / Comprehensive Report may be deemed non-responsive and not evaluated further.

II.2 PRICING Bidders are required to submit with their proposal their NYS Net Price Schedules for any of the

services bid. (Appendix C)

For OGS to determine reasonableness of price, bidders holding any of the following contracts must provide pricing schedules currently in effect for all like Telecommunications Services being bid.*

1. Approved Federal Contract such as: GSA Supply Schedule or 2. Prices on any current or previously awarded NYS contract or 3. Contracts with other State or Government entity, etc or4. Pricing equal to or better than any other pricing or discount terms offered to other non-

government commercial customers.

* For evaluation purposes, OGS will use contracts or pricing as indicated in 1-4 listed above. Failure to provide OGS pricing currently in effect, with the above identified entities, may deem the bidder non-responsive. OGS reserves the right to request additional information as required to determine reasonableness of price.

Bidders must demonstrate that the NYS Net Pricing offered is equal to or better than pricing offered on other contracts or to their best commercial customers. In the absence of contracts or pricing that clearly demonstrates Reasonableness of Price, bidders must offer an explanation and any supporting documentation required to demonstrate Reasonableness of Price.

Additionally, for bidders not having government customers, information that the bidders proposed pricing is equal to or better than any pricing offered to other non-government customers. This must be clearly demonstrated in the proposal for NYS Net Pricing proposed with the bidder’s submission. See Reasonableness of Price Questionnaire.

Bidders are required to complete Appendix C - New York State Net Cost tables. Bidders are required to complete the required category items and may propose any additional Telecommunications Services appropriately associated with each category bid (OGS reserves the right to accept or reject any portion of additional Telecommunications Services offered) they offer. Bidders need to identify all component costs associated with any additional


Telecommunications Services offered in their proposal. Bidders are required to identify component costs in the required format. Failure to complete or provide any required New York State Net Cost table charges may result in a non-responsive bid determination for the Lot or Category of Telecommunications Services bid.

E.g. In order to fully provide Telecommunications Services, there would be requirements for some type of infrastructure, the cost of the infrastructure would not be known until the time an Authorized User contacts a contract holder. Any component costs associated with providing Telecommunications Services under resulting contracts must be quantified in appendix C. If there are various construction components or auxiliary costs they should be indicated as not to exceed pricing, noting that the actual costs will be determined at the time of purchase. A list of all components or auxiliary charges must accompany the proposal.

The ONLY acceptable Cost fields will be: Actual Price - $USD (United States Dollar) within 2-decimal e.g. $9.98 No Cost – N/C Not Applicable or Not Available – N/A

NOTE: Blank or other such responses i.e. – “see below”, “reference table x”, “see attachment”, To Be Determined (TBD), Individual Case Basis (ICB), Call for Quote, etc. will not be accepted without reference to a component unit cost list, otherwise the response may be deemed non-responsive and ineligible for recommendation for contract award.

Bidders NYS Net pricing, includes the Telecommunications Services costs and includes standard warranty of not less than 1-year, instruction manuals/documentation, shipping costs and delivery FOB destination, all rates include travel time and costs incurred for travel to and from the site. Bidders should include in Appendix C any charges for expedited handling or shipping, if an additional charge is incurred.

II.3 PROJECT REFERENCES / CLIENT INFORMATIONOGS reserves the right to seek project references. If requested references must contain, at a minimum, the following information: company name, address, telephone number, hours of operation, contact person, e-mail address and a description of equipment provided and any other pertinent information necessary to verify that a bidder possesses the knowledge and experience to meet the terms and conditions of a contract resulting from this RFP. OGS/PSG reserves the right to review and consider other known clients of bidders in addition to those provided and to disqualify based on unsatisfactory reports. Additionally Authorized users of any contracts awarded as a result of RFP 20268 (this and subsequent versions) also may seek references prior to issuing purchase orders.

In the event references are required, Project Reference checks will be performed. If references are required, they will not be scored, although they may be used to make a determination of responsibility with respect to a recommendation for contract award.

The following LOTS and categories within the Lots contain various descriptions of requirements. All may not be applicable to the specific Lot or category proposed. Bidders must comply with all those that do apply to the Lot or category being bid.


III VOICE SERVICES – LOT 1

III.1 LOCAL EXCHANGE SERVICES

III.1.1 Service DescriptionBidders must describe, in their proposal, the local calling services being offered in their proposal; these include but are not limited to:

Outbound IntraState/Local Outbound IntraLATA/ Regional Inbound Toll-Free IntraLATA/Regional Local IntraState

For Outbound calls that are either within the local calling area, or IntraLATA/Regional/Local, billing timing increments of 1/1 second is preferred; 6/6 second is the maximum acceptable timing increment. (e.g. the component price for the first 6 seconds and for the next 6 seconds)

Bidder must agree to provide a minimum of P.01 grade of service on all switched and dedicated circuits.

Bidders must provide Inbound Toll-Free IntraLATA/Regional calling services that provide a Custom Redirect Service (CRS) capability. Options for call redirection must include: Time of Day/Day of Week Redirection, Percentage Redirection, Number Identification, and Auto Attendant Redirection.

Bidders must provide details on the service offering, availability information and all pricing components. Bidders must respond to the specifications in this section of the RFP document. All costs associated with the proposed Local Exchange Service must be included in the Cost Tables in Attachment C.

Bidders are required to construct and submit all required tariff related items to provide services described in this RFP. Any and all costs associated with these filings must be borne by bidders.

III.1.2 Local Calling Area DefinedFor the purposes of this RFP and any resulting contract(s), the State of New York considers “Local Exchange Calls” to be a call originating and/or terminating in the same Local Exchange Area. Bidders are required to adhere to the local calling area definitions for New York State.

III.1.3 Dialing PlanThe local exchange service provided by bidders must adhere to all standards for the North American and International dialing plans. Bidders must state whether local calls within the same calling area will require a seven digit (NXX+XXXX) or ten digit (NPA+NXX+XXXX) dialing plan.

III.1.4 Access TypeBidders may provide local exchange service via the following circuit types but not limited to:

Analog/Digital Two/Four-Wire Circuit DSL


Digital Trunk (DS-0, DS-1, DS-3, etc…) Integrated Services Digital Network – Basic Rate Interface (ISDN BRI) Integrated Services Digital Network – Primary Rate Interface (ISDN PRI) Broadband

Bidders must list the types of access available with their proposed local exchange service. Bidders must adhere to the requirements listed below for the type of access being proposed for local exchange service. Bidders must reply “Not Applicable – N/A” to those specifications below that pertain to access types that will not be used for proposed local exchange service.

III.1.5 Analog Access RequirementsBidders must propose analog lines/trunks that can be used either in a single line mode or in a multi-line hunt group arrangement.

Bidders must propose and identify their maximum analog lines/trunks that may be included in one multi-line hunt group arrangement.

Bidders must propose analog lines/trunks that can be used by rotary (pulse) premises-based systems or equipment as well as Touch Tone (DTMF) compatible equipment.

III.1.6 Digital Access RequirementsBidders must propose digital trunks that allow for multiple calls to be received from a single dialed number.

Bidders must state the limit to the number of calls that can be processed simultaneously with each of the digital access types being proposed for its local exchange service.

Bidders must propose digital accesses that allow its local exchange service to be used by rotary (pulse) premises-based systems or equipment as well as Touch Tone (DTMF) compatible equipment.

III.1.7 All Access TypesBidders must propose local exchange service regardless of access type that allow for the processing of calls using Dual Tone Multi-Frequency (DTMF) signals or Touch Tone service. Such functionality must be included in basic monthly cost of the proposed local exchange service.

It is required that bidders provide Dual Tone Multi-Frequency (DTMF) signals or Touch Tone service for its local exchange service at no charge to Authorized Users.

III.1.8 Calling FeaturesBidders must describe, in their proposal, which of the following features or additional features are provided with its local exchange service either in analog or digital access format:

Call Forwarding Call Waiting Call Conferencing (3 Party Calling) Incoming Caller Identification Incoming Caller Identification w/Calling Party Name Last Call Return (Access by Code) Incoming Call Trace Capability Speed Dialing (Frequently Dialed Numbers)


Repeat Dialing of Called Number

All recurring and non-recurring charges associated with these features (on a per line basis) must be included in the Cost Tables in Attachment C.

III.1.9 Pay-per-Call Service RestrictionBidders must propose local exchange service that allows the Authorized User to block access to some or all prerecorded announcements, talk lines, and information services. These distinct prefixes include, but are not limited to, the following NPA 500 and NPA 900 such as:

Service Area Code or Exchange Group Conversation Lines 550 Adult Information Services 554 Pay-per-Call Services 900 Information Services 920 Adult Programs 940 Information Services 976

Bidders must include any additional area codes and/or exchanges that provide such pay-per-call services which may become available in the future in the proposed blocking feature.

III.1.10 Directory Assistance Call Transfer RestrictionBidders must propose local exchange service that can restrict the caller from accessing or being connected to their desired telephone number through directory assistance service.

III.1.11 Collect or 3rd Party Call AcceptanceBidders must propose local exchange service that can restrict the acceptance of collect calls and third party billed calls upon request of the Authorized User.

III.1.12 Operator ServicesBidders must propose local exchange service that includes human operator service for assistance in placing local calls, person-to-person local calls, collect local calls and local third party calls as well as connection to Intra-LATA and Inter-LATA operator services when required. Bidders must describe, in their proposal, their operator service offering.

Bidders must provide automated local operator service for assistance in placing local calls, person-to-person local calls, collect local calls and local third party calls as well as connection to Intra-LATA and Inter-LATA operator services when required.

Bidders must describe, in their proposal, its operator service offering.

Bidders must provide local operator service 24 hours-a-day, 365 days-per-year with no holiday exceptions.

III.1.13 Incoming Caller IdentificationThe local exchange service proposed by the Bidders must allow for incoming caller identification (Caller ID) service allowing for the display of the calling telephone number to an industry standard Caller ID device, telephone instrument or premises based telephone system. It is desirable that Caller identification service must be provided at no cost to the Authorized Users.


The Bidder must provide local exchange service that allows for the caller to either block or activate the caller identification service. This option must allow Authorized Users to utilize caller identification service in the following ways:

Activation of the caller identification service by the Bidder for all calls originating from that telephone number. Blocking of the caller identification service is performed by the end user entering a simple code on the touch tone pad.

Blocking of the caller identification service by the Bidder for all calls originating from the telephone number. Activation of the caller identification service is performed by the end user entering a simple code on the touch tone pad.

III.1.14 Remote Call ForwardingBidders must describe, in their proposal, how their proposed local exchange service will allow for the activation of Remote Call Forwarding. Remote Call Forwarding is a function by which the Bidder provides a local telephone number to an Agency which forwards all incoming calls to that number to another pre-designated telephone number. This predestinated telephone number may exist at any location served by the North American Dialing Plan.

The proposed Remote Call Forwarding function must allow for multiple calls to be forwarded simultaneously should the receiving telephone service be capable of processing multiple calls. e.g., in a multi-line hunt group.

The Bidder must provide all costs associated with provisioning Remote Call Forwarding in the Cost Tables in Attachment C.

III.1.15 Pre-Subscription for Toll Services (Equal Access)Bidders must provide local exchange service that allow the Authorized Users to pre-subscribe to any authorized Inter-Exchange Carrier (IXC) for inter-LATA and international toll calling.

Bidders must provide local exchange service that allows the Authorized Users to pre-subscribe to any authorized Local Exchange Carrier (LEC) or Inter-Exchange Carrier (IXC) for intraLATA toll calling.

III.1.16 Standards ComplianceThe services proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed service meets or exceeds these standards and include a list of such standards in its response.

Bidders must describe, in their proposal, the measures they will take to ensure they will comply with all industry standards.

III.1.17 Local Number PortabilityBidders must provide for local number portability with its proposed local exchange service. Local number portability must allow for Authorized Users to retain local telephone numbers when changing from current local exchange carriers to the Bidder’s services as well as from the Bidder’s service to another local exchange carrier. Bidders must describe, in their proposal, how local number portability will be provided to Authorized Users


The Bidder must state areas within New York State where they cannot provide local number portability. In those areas where local number portability is not available, Bidders must describe, in their proposal, alternatives for those Authorized Users to retain their telephone numbers while moving to or from the Bidder’s local exchange service. (i.e., re-routing of calls, referral message, call forwarding, etc.) Bidders must provide local number portability at no charge to Authorized Users

III.1.18 E911 Bidders must propose Local Usage service that meets the compatibility requirements for all emergency and enhanced 911 services within New York State. The Bidder must describe, in their proposal, in detail, how it meets the requirements for providing enhanced 911 dialing by the user as well as delivery of required calling number and location identification to the required Public Safety Answering Point (PSAP).

The Americans with Disabilities Act (ADA) requires all PSAPs to provide direct, equal access to their services for people with disabilities who use TTYs. PBX systems that generally support E911 access to emergency services have the necessary programming to enable three-digit dialing to Telecommunications Relay Services (TRS) centers.

III.1.19 Printed Directory of Telephone NumbersA directory of Authorized Users telephone numbers, in each local calling area, must be made available to the general public at no cost on an annual basis.

Bidders must describe, in their proposal, how they will provide directory listings of the Authorized Users to the general public of New York at no cost to the Authorized Users or the general public.

It is desirable that any “foreign listing” of a New York Agency’s telephone number be provided at no cost to the Authorized User or the general public. A “foreign listing” is the appearance of a telephone number (from another calling area) in the printed directory of a different calling area.

Bidders must allow for Authorized Users to install local exchange service with associated telephone numbers which will not be available to the general public via the use of a printed directory listing or call in directory assistance service. This “non-published” service must be provided at no cost to Authorized Users.

III.1.20 Listing in Directory AssistanceAll published telephone numbers of New York State Agencies must be made available to the general public of New York through the use of a call to an automated or “live” directory assistance service. Bidders must describe, in their proposal, how directory assistance will be performed using the standard “411” dialing code.

III.1.21 Disconnection of ServicesThe Bidder must provide local exchange service that allows for intercept messages and referrals to be associated with local exchange service that has been disconnected. These intercept messages must include, but not be limited to, the following:

Number Dialed Not in Service; Number Dialed Not in Service with Referral to New Number (10 Digit Format); Number Dialed Temporarily Out of Service.


Bidders must provide all Authorized User required intercept messages and referrals for a minimum of 90 days from the date of disconnection at no cost.

III.1.22 Temporary Suspension of ServiceBidders must propose local exchange service that allows for the temporary suspension of service with an intercept message providing such notification. Temporary suspension of service may be enacted by Authorized Users that provide seasonal services to the general public and that wish to continue to use the same telephone number during subsequent seasons.

Costs associated with providing this service must be included in the Cost Tables in Attachment C.

It is desirable that the Bidder provide a suspension and reactivation of local exchange service at no cost to the Authorized User.

III.1.22.1 Reinstallation of ServicesIt is desirable that the Bidders not charge additional installation or reactivation charges for services should disconnected lines be re-installed within 150 days of original removal.

III.1.22.2 Full or Unlimited Use ServiceIt is desirable that Agencies which presently utilize local exchange service with unlimited usage be able to continue to do so with the Bidder’s proposed services.

The Bidder must provide the costs associated with unlimited local exchange service in the cost tables in Attachment C.

III.1.23 Busy Condition Studies/ReportsBidders must provide, upon request by the Authorized User, a report that indicates the number of times in a set period of time (i.e., hourly, daily, weekly or monthly) that a caller encountered a busy condition when calling the proposed local exchange service.

Bidders must provide at least one “Busy Studies” report annually at no cost. Bidders should describe any costs in Appendix C for reports requested on a more frequent basis by the Authorized User.

It is desirable that the Bidder provide all “Busy Studies” requested by the Authorized User at no cost.

III.1.24 Direct-Inward-Dialing (DID) ServiceBidders must propose Direct-Inward-Dialing (DID) service as part of its local exchange service offering.

Bidders must list, in its response, the access circuit types available to Authorized Users for the proposed DID service (i.e., analog DID trunks, digital trunks, digital ISDN PRI circuits, etc.)


The DID service proposed by the Bidders must provide Dialed Number Identification Service (DNIS) to the receiving telecommunications equipment at the Authorized Users site. The Bidder must state the minimum and maximum number of digits being delivered to the Authorized Users premise equipment.

The DID service proposed by the Bidder must provide blocks of consecutive telephone numbers for the Authorized User. The Bidder must describe, in their proposal, the minimum and maximum number of consecutive telephone numbers available with the proposed DID service.

III.1.25 Pricing of Local Exchange ServiceBidders must provide the basic monthly cost for its proposed local exchange service in the Cost Tables in Attachment C.

Bidder must provide fixed postalized rates per minute for local exchange, calls. The Bidder shall understand and agree that postalized rates shall mean one rate per minute that is not mileage sensitive or utilize other variable such as, mileage bands or on-net and off-net as different schedules. Bidder shall itemize any time increments built into the per minute rate (e.g. the component price for the first 6 seconds and for the next 6 seconds), as may be relevant to the Bidder’s per minute incremental billing structure.

Bidders must state how they intend to charge for local exchange calls. (i.e., on a time expended basis only, on a per call basis only or on a per call and time expended basis.)

Bidders must provide the costs associated with local exchange calls in the cost tables in Attachment C.

Bidders must propose a single local exchange usage rate for all local calling areas within New York. Bidders may not quote local exchange rates that vary from calling area to calling area.

III.1.26 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed Local Exchange service. These management reports must be available to the Agency upon request.

III.1.27 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Local service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Local network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Local network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Local service. These management reports must be available to the Agency upon request.


III.2 LONG DISTANCE SERVICESBidders must provide the long distance calling services offered in its proposal, including but not necessarily limited to: Outbound Intrastate, Outbound Interstate and Outbound International. For each Calling Service, indicate specific billing timing increments – 1/1, 6/6(Maximum non-International), 18/6(Maximum International Only). (E.g. the International component price for the first 18 seconds and for the next and additional 6 seconds increments)

Bidders must provide details on the Long Distance service offering, availability information and all pricing components. Bidders must respond to the specifications in this section of the RFP document. All costs associated with the proposed Long Distance Service must be included in the Cost Tables in Attachment C.

III.2.1 Types of Toll ServiceBidders must propose outgoing toll services that accommodate the following types of traffic:

Intra-LATA Calling Intra-State, Inter-LATA Calling Inter-State, Inter-LATA Calling International Calling

Bidders must provide intra-LATA and inter-LATA toll service that conforms to the standard 10-digit North American Dialing Plan.

Bidders must provide toll services that conform to the international dialing plan of the ITU for all international calls.

III.2.2 On-Net/Off-Net Traffic DescriptionFor the purpose of this RFP, an on-net call is a toll call that originates and terminates with a Authorized User. An off-net call is a toll call that originates with a Authorized User and terminates at a non-Agency location or vice versa.

It is desirable that the Bidders provide toll service rates that are lower for on-net calls (switched and dedicated access) than for off-net calls.

All costs associated with on and off-net toll calls must be provided in the Cost Tables in Attachment C.

III.2.3 Dedicated/Switched AccessBidders must describe, in their proposal, their definition of a switched access toll call and a dedicated access toll call.

III.2.4 Dialing RequirementsBidders must provide outgoing toll services that allow for Direct Distance Dialing (DDD) and International Direct Distance Dialing (IDDD).

III.2.5 Call Answer SupervisionBidders must propose a toll service network that provides full call and answer supervision for both domestic United States and International calling. The Bidder must briefly state how this supervision


is provided (hardware, software, etc.) and what measures are in place to ensure that the erroneous billing of calls will not happen.

III.2.6 Authorization CodesBidders must propose outgoing toll service which provides end user authorization codes for outgoing toll calling. These authorization codes must be “forced” and “verified,” denying call completion until a valid code is entered and verified. The Bidder must describe, in their proposal, how code validity is verified.

III.2.7 Account CodesBidders must provide “optional” account codes for outgoing toll calling. These account codes would be used to identify a department or project against which the call would be billed.

III.2.8 Code CustomizationIt is desirable that the Authorized User be able to customize the authorization and account codes provided for use with the Bidder’s toll service. For example, the Authorized User may wish to provide codes according to a current billing numbering plan, office location identification code, etc. The Bidder must state if this function is available and describe, in their proposal, any limitations to this capability.

III.2.9 Maintenance of CodesBidders must provide the following information regarding the authorization and account codes required:

Process for adding and deleting codes Timeframe for adding and deleting codes Responsibility for retaining/updating the code database Capability for customer to add and delete

III.2.10 Implementation TimeframesBidders must state within their proposal the maximum time to implement the proposed toll services via the following accesses:

Analog Business Lines/Trunks ISDN Basic Rate Interface ISDN Primary Rate Interface DS-1 Circuit

Bidders are required to meet the listed implementation timeframes provided for the proposed toll services unless other timeframes have been negotiated with the contracting Agency.

III.2.11 Pricing of Outgoing Toll ServiceBidders must provide all costs associated with the proposed outgoing toll services in the Cost Tables in Attachment C. Bidders must describe, in their proposal, the criteria for billing its toll services (i.e., per minute, etc.).

It is desirable that the proposed intra-LATA and inter-LATA toll services be billed in a postalized format that provides for a single per minute rate regardless of distance, time-of-day or day-of-week.


Bidders must state the initial (minimum) and subsequent billing increments for its proposed intra-LATA, interLATA and international toll services.

It is desirable that the Bidder provide intra-LATA, inter-LATA and international toll services that are billed in 6 second initial then 6 second increments, International 18 second initial then 6 second increments.

III.2.12 Mobile TerminationAll costs associated with the proposed Mobile Termination must be included in the Cost Tables in Attachment C.

III.2.13 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed Long Distance service. These management reports must be available to the Agency upon request.

III.2.14 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Long Distance service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Long Distance network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Long Distance network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Long Distance service. These management reports must be available to the Agency upon request.

III.3 TOLL FREE SERVICESBidders must respond to the specifications in this section of the RFP document. All costs associated with the proposed incoming toll free service must be included in the Cost Tables in Attachment C.

III.3.1 Types of Toll Free ServiceBidders must propose incoming toll free services that accommodate the following types of traffic:

Intra-LATA Calling Intra-State, Inter-LATA Calling Inter-State, Inter-LATA Calling International

Bidders must propose incoming toll free services that include, at a minimum, the current geographic codes of 800, 888, 877, 866, 855.

Bidders must describe, in their proposal, how it will continue to update the toll free options available to the Authorized Users during the period of this contract.


Bidders must describe, in their proposal, any incoming toll free service offerings it provides as options to the traditional geographic codes listed above.

III.3.2 Toll Free Service AccessBidders must be capable of providing incoming toll services on a switched and dedicated access basis.

Bidders must propose toll services that are available from all domestic United States locations.

Bidders must provide toll services that, at a minimum, are available from the following: Analog Business Lines/Trunks Cellular/PCS Telephones Pay Telephones Calling Card ISDN Basic Rate Interface ISDN Primary Rate Interface DS-l Circuit

Bidders must provide toll services that are available through pre-subscription from all of the above circuit types.

III.3.3 Virtual Toll Free AccessBidders must be capable of providing incoming toll free services on a virtual access basis. For the purposes of this RFP, virtual toll free service is that service which allows any call placed to the toll free number to be routed or “ring onto” an existing network service such as local exchange service, DID service, etc.

Bidders must provide virtual toll free services that may be routed to the following circuits, at a minimum:

Analog Business Lines/Trunks ISDN Basic Rate Interface (Local Number Identification) ISDN Primary Rate Interface (DID Number) DS-l Circuit (DID Number or Local Exchange Service) DS-3 Circuit (DID Number or Local Exchange Service)

It is desirable that the Bidder provide virtual toll free services that may be routed to a wireless telephone numbers or service.

III.3.4 Toll Free Calling AreaBidders must provide toll free service, regardless of access, that allows calls to be received from all domestic United States LATAs.

III.3.5 Call Answer SupervisionBidders must propose a toll free service network that provides full call and answer supervision for domestic United States calling. Bidders must briefly state how this supervision is provided (hardware, software, etc.) and what measures are in place to ensure that erroneous billing of calls will not happen.


III.3.6 Multiple Toll Free NumbersBidders must provide toll free service, regardless of access, that allows for multiple toll free numbers to be directed to the same destination access line.

III.3.7 Toll Free Number PortabilityNew York State utilizes toll free numbers with several carriers. Bidders must state how it will allow Authorized Users to retain these existing toll free numbers with their proposed toll free service.

III.3.8 Incoming Call RestrictionBidders must provide toll free service, regardless of access, however allows Authorized Users to restrict incoming calls by Area Code (NPA) and Exchange (NXX) of its choice.

III.3.9 Automatic Number Identification (ANI)Bidders must provide toll free service that provides Automatic Number Identification (ANI) to be delivered, in real time, on dedicated access facilities. Bidders must briefly describe, in their proposal, its ANI offering.

Bidders must include any costs associated with providing ANI service in the Cost Tables in Attachment C.

III.3.10 Dialed Number Identification Service (DNIS)Bidders must provide toll free service that allows Dialed Number Identification Service (DNIS) to be delivered on dedicated access facilities. This function allows for the internal routing of incoming toll free callers to specific groups within the particular Authorized Users location.

III.3.11 Blocked Call ReportsBidders must provide toll free service that provides monthly “reports” indicting the number of calls that were blocked due to all toll free accesses being in use (busy condition) at no cost to the Authorized User.

III.3.12 Advanced Routing FeaturesIt is desirable that the proposed toll free service provide advanced routing features for use by the Authorized User. Bidders must indicate which of the features listed are available with its proposed toll free service and provide a brief description of the feature offering. Bidders must indicate whether the feature is available via dedicated access, virtual access or both.

Bidders must include all costs associated with the activation and use of these advanced features in the Cost Tables in Attachment C:

Alternative Location - The ability to route incoming toll free calls to alternate 3rd party locations for call center backup, etc. This routing must be available on a per toll-free number basis as well as available at peak usage times, time-of-day, day-of-week, etc.

Alternative Trunk Group - The ability to route incoming toll free calls from one trunk group to another trunk group regardless of location of the second trunk group. This routing must be available at peak usage times, time-of-day, day-of-week, etc.

Area Code Routing - The ability to route incoming toll free calls to a particular Authorized Users location or party location based on the area code of the caller.


Area Code/Exchange Routing - The ability to route incoming toll free calls to a particular Authorized Users location or 3rd party location based on the area code and exchange of the caller.

Time-of-Day Routing - The ability to route incoming toll free calls to a particular Authorized Users location or party location based on the time of day.

Day-of-Week Routing - The ability to route incoming toll free calls to a particular Authorized Users location or party location based on the day of the week.

Day-of-Year Routing - The ability to route incoming toll free calls to a particular Authorized Users location or party location based on the day of the year.

Call Percentage Routing - The ability to route calls based on a percentage of total calls. This percentage must pre-programmed and selected by the Authorized Users.

Routing on Command - The ability for the Authorized Users to designate various routing patterns for incoming toll-free service. These patterns are then activated by the Authorized Users by calling the Bidder. Describe, in their proposal, in detail, in your response, the process by which routing can be altered by the Agency.

Load Balance Routing - The ability of the Bidder’s network to “monitor” incoming toll free call volume and re-route calls as necessary to other Authorized Users locations or 3rd party’s locations. Describe the parameters by which such load balancing may be achieved, as well as the process for altering such parameters.

Alternative Routing Tracking - The ability for the Authorized Users to obtain management reports or statistical data detailing the number of calls and minutes and other pertinent data of those callers that are re-routed from the original service called.

Bidders must describe, in their proposal, its ability to provide the Authorized Users with the capability to control the activation of the above features/functions from any Agency location using a direct online mechanism or via toll free access to a Customer Service Representative.

Bidders must state, in its response, the activation time for changes made via its online mechanism. (.e., real time, one hour, 24 hours, etc.) as well as activation time for changes made via toll free access to a Customer Service Representative.

III.3.13 Incoming Local Exchange CallsBidders must state, in its response, if its toll free service offering is capable of identifying an incoming call from the local calling area and re-route that call to the Authorized Users local exchange service thereby eliminating the necessity of the Authorized Users expending charges on the Bidder’s toll free service.

III.3.14 Network-Based Call Processing FunctionBidders must provide toll free service that allows for a network call processing function. This network call processing feature must provide for the following at a minimum:

Call Processing Menus


Information or Audio Text Capabilities Routing to Any Local Telephone Number Routing to Any Toll Free Number Routing by the Calling Party’s Area Code Routing by the Calling Party’s Area Code and Exchange

Bidders must describe, in their proposal, its network call processing function.

III.3.15 Single Number ServiceBidders must provide toll free service that furnishes “single number” access by the caller for all domestic United States locations regardless of LATA.

III.3.16 Implementation TimeframesBidders must state the maximum time to implement the proposed toll free services via the following accesses:

Virtual Toll Free Service Dedicated Toll Free Access

Bidders must include a list of appropriate dedicated access types aid associated installation timeframes for each.

Bidders are required to meet the listed implementation timeframes provided for the proposed toll free services unless other timeframes have been negotiated with the Authorized User.

III.3.17 Pricing of Incoming Toll Free ServiceBidders must provide all costs associated with the proposed incoming toll-free services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, the criteria for billing its toll free services (i.e., per minute, distance sensitive, time-of-day, etc.).

It is desirable that the proposed intra-LATA and inter-LATA toll free services be billed in a postalized format that provides for a single per minute rate regardless of distance, time-of-day or day-of-week.

It is desirable that the Bidder provide intra-LATA, inter-LATA toll free services that are billed in timing increments of 1/1 second is preferred; 6/6 second is acceptable.

III.3.18 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed Toll Free service. These management reports must be available to the Agency upon request.

III.3.19 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Toll Free service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.


Bidders must describe, in their proposal, how real-time monitoring of the Toll Free network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Toll Free network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Toll Free service. These management reports must be available to the Agency upon request.

III.4 CENTRAL OFFICE EXCHANGE SERVICES (CENTREX )

III.4.1 Service DescriptionBidders are required to provide a “central office exchange” CENTREX service or product that is the same as, equivalent to, or better than the Local Exchange Carrier’s (“ILEC”) Digital Centrex. This includes but is not limited to local Touch-Tone dial tone provided by a carrier out of its central office switching equipment on an individual line basis. This service typically affords users the same benefits and features that would be provided by a PBX, but without either the upfront equipment costs or the need to locate extensive amounts of equipment at the customer’s site. This service can be part of a multi-location environment.

Minimum Centrex line service required to establish a new Centrex account must be two (2) lines. The monthly recurring line charge specified in the contract must be inclusive of all service cost components applicable to such service, including but not limited to inter- and intra-Central Office mileage charges.

III.4.2 Station FeaturesStandard features included in the monthly line rate at no additional charge are:

Automatic DialAuthorization Codes Automatic call back Automatic Message Link Automatic Route Selection (basic and deluxe)Billable Call Detail Call forwarding (all calls, busy, don’t answer,

variable) Call HoldCall Pick-upCall Transfer Call waiting (dial, incoming, intragroup,

originating) Caller ID (Internal and External)Code restrictions Consultation Hold Dial Transfer Arrangement on Incoming

Trunk GroupsDirected Call Pick-Up (With Barge- In,

Without Barge-In)

Direct Inward DialingDirect Outward Dialing Distinctive Call Waiting Tones Distinctive Ringing, Electronic Telephone

Service (ETS)Enhanced Call Forwarding/Don’t Answer Enhanced Three-Way Calling Hunting Intercept Intercom Dialing (Group and Personal) Last Number Redial Least Cost Routing Line Treatments Make Set Busy Message Waiting Indication (Visible and

Audible) Privacy/Privacy Release Ring AgainSpeed Dialing with 10- number Speed Call

ListStation-to-Station Calling


Three-Way Calling Toll Restrict

*69 (or similar code which dials the telephone number of the last incoming call)

and Uniform Call Distribution (UCD)


System Features which must be provided as standard features included in the monthly line rate at no additional charge are:

Authorization Codes Calling Name Delivery Calling Name Delivery on Multiple Appearance Directory Number (MADN) Calling Name Delivery Blocking Least Cost Routing Line Treatments Dial by name Station Message Detail Recording (SMDR)*

*SMDR output must be provided on a Authorized User basis, without regard to Centrex system line size.

Bidders must maintain and retain all billing and service records in original format for a period of 6 years from date of implementation. The records must be maintained in printed and electronic format as originally provided. In the event of any discrepancies involving monthly charges failure to provide required backup copies within 30 calendar days from written notice by the Authorized User will result in additional credits for any overcharges claimed.

Authorized Users must be given the choice of Media output, SMDR To Premises, or any other available output, e.g., Web-based SMDR output, whichever the Authorized User prefers;

Customer System Administration, such as CCRS (Centrex Customer Rearrangement System) must be provided at no additional charge on an Authorized User basis, without regard to Centrex system line size, and must support ISDN lines, and must provide for a Copy Feature Set and Access Feature Group feature to allow for efficient assignment of features to lines;

Automatic Route Selection Meet-me Conference Multi-Path Call Forwarding Uniform Call Distribution (UCD) Electronic Telephone Service (ETS)

included under the monthly line rate must consist of the following: Basic ETS - Including Automatic Answer Back Critical Call Hold Feature Access and Display Features (Display Called Number, Display Calling Number, Feature Display, and

Time Key) Call Arrangements - including Multiple Appearance of the Primary Line Multiple Call Arrangement of the Primary Line Single Call Arrangement and Privacy Release Group Intercom


III.4.3 Multi-Path Call ForwardingThe service provided by the Bidder must allow forwarding of simultaneous calls over one line to a destination. Such Multi-Path Call Forwarding service must provide at least ninety-nine (99) call paths or the minimum offered in the Bidder’s proposal, whichever is greater.

III.4.4 Uniform Call Distribution (UCD)The Bidder must provide the UCD service offered in its proposal. The UCD service provided by the Bidder must allow for an even distribution of incoming calls to a Listed Directory Number (LDN) answered by a group of single line stations and/or multi-line stations. This capability must be provided as both a system feature and as a station line feature, where required, at no additional charge. The UCD feature must also include, per UCD queue, one (1) first RAN (recorded announcement), one (1) second RAN and one (1) night service RAN, and must also support music in queue. The RANs must be central office-based recordings, not requiring the use of any customer premise-based equipment or circuits.

III.4.5 Virtual Lines/NumberBidders are required to provide virtual lines, for no additional charge, providing virtual telephone numbers associated with electronic telephone stations which the station users may use to place and receive calls over the exchange network. The telephone numbers must not require the assignment of line equipment or outside plant facilities.

There must be no cost increase for one-time and monthly recurring charge for Virtual Lines/Numbers during the term of the contract. The Bidder is required, for no additional charge, to provide prime lines that are provisioned from 5ESS central office switches, as Centrex ISDN lines, which must permit the same phone numbers to appear on separate buttons of the ISDN set and to function as separate line(s) capable of handling incoming and outgoing calls.

III.4.6 Simplified Message-Desk Interface (SMDI) Bidders must provide SMDI links (or “equivalent” functionality if a 5ESS is used to provision the lines) where required by Authorized Users to enable an integrated, automated interface between third-party voice messaging and/or voice response systems and the serving central office switch supporting the user’s lines. When a call is placed to these lines, the data link must transmit the following information: the called number, the calling number if it originates within the same central office switch, and the type of call forwarding or a direct call indication. Where the connection is to a third-party voice messaging system, an audible Message Waiting Indication may be activated or deactivated by the user Authorized User via SMDI to indicate that a message has been taken. When the Message Waiting Indication is activated, the caller must receive an audible stutter dial tone when their handset is lifted.

III.4.7 Calling Data Polling RequirementsFor each Centrex location the Authorized User must be able to retrieve all calling records (Local, Regional, Intrastate, Interstate and International), both inbound and outbound, on a monthly basis. Bidders will provide central office accessibility to the Authorized Users inbound and outbound calling records, to the Authorized Users authorized polling service provider.

III.4.8 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Centrex service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Centrex service. No individual purchases of CPE may be made under this contract.




III.4.10 Commencement of Billing for Monthly Recurring ChargesFor Centrex Accounts being converted from existing ILEC-provided Centrex service:

Monthly recurring charges will be effective upon the successful full cutover to the new replacement service, including voice mail, and the successful porting of line numbers from the old service to the new service.

New Centrex Accounts established with no previous ILEC-provided Centrex service: Monthly recurring charges will be effective upon the successful installation and activation of all

lines and features that are part of the newly ordered service.

III.4.11 Training & Support Services Bidders must provide training at the Authorized Users premises at no additional charge using

live lines. Executive training must be one-on-one. Refresher training must be provided at no additional charge.

Bidders must develop and provide customized phone templates and customized feature booklets at no additional charge.

Bidders must train the Authorized Users personnel on Customer Controlled Routing System at a Authorized Users or Bidder location within New York State. Additionally, the Bidder must provide training for each Authorized User customer service end user at the Authorized Users location.

III.4.12 Voice MailBidders must provide technical details, feature descriptions and pricing, both one-time and recurring charges, for a Central-Office based Voice Messaging platform. The Bidder must provide Voice Mail systems that support both the AMIS and the VPIM protocol to allow networking between dissimilar systems.

Bidders must provide a voice messaging service that at a minimum includes: Call Answering Basic Voice Mailbox Guest Mailbox: same as Call Answering Basic Voice Mailbox but with no physical line

associated with the mailbox. Group Distributions Lists Broadcast mail capability to allow an authorized user to send a message to all users on the

system. If voice mail system networking can be provided, indicate if “network broadcast” options are available to allow broadcast messages to be sent to all users at a remote site, to all users at each of a group of remote sites, or to all users at all remote sites.

Call Processing Automated Attendant to allow callers to a main listed number to select a destination from a menu of choices.

An Information mailbox must be provided to contain information recorded by the user and used in either a Listen-only or Listen-and-Reply mode, depending on the requirements of the Authorized User.


III.4.13 Voice FormsBidders must provide the capability for Callers to access a voice forms mailbox and listen to pre-recorded questions and respond to them verbally or by pressing touch-tone keys on their telephones. The caller’s voice or touch-tone responses will be stored in sequence in transcriber mailboxes for later access by the mailbox owner.

Bidders must provide the capability to enable a Pager Notification to allow users with digital pagers to receive a page when they receive a voice message in their mailbox.

Bidders must provide the capability to enable reminder service to allow a user to record a message to be delivered in the future, on the date and time the user specifies.

Bidders must provide a Voice Mail Customer Administration System(VM CAS) to each end-user Authorized User to allow them to quickly and cost-effectively add, delete, and change call-answering and voice mail mailboxes directly from a personal computer at the Authorized Users site. The VM CAS must be provided at no additional cost and each Authorized User must be able to administer its own voice mail mailboxes associated with its accounts.

III.4.14 Additional RequirementsThe Bidder is not entitled to impose any minimum service period for the products/services required by the contract resulting from this RFP. The Bidder is required, at no additional charge, to perform needs assessments, location surveys and station reviews as may be requested by the Authorized User, on an as needed basis. Upon the direction of a Authorized User, the Bidder must add or delete lines as required.

It is desirable Centrex Service be provided to all geographic locations of New York State. In the event the Bidder cannot provide such service from the closest serving Central Office and can only offer it from a foreign Central Office, any mileage charges must be waived, as well as any costs for additional equipment required to be installed to overcome distance limitations for multi-line electronic telephone service.

III.4.15 Local Number PortabilityBidders are required to port any Authorized Users requested existing ILEC-provided Centrex service Centrex line numbers.

III.4.16 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed CENTREX service. These management reports must be available to the Agency upon request.

III.4.17 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed CENTREX service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the CENTREX network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its CENTREX network.


Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed CENTREX service. These management reports must be available to the Agency upon request.

III.5 CALLING CARD SERVICES

III.5.1 Service DescriptionBidder must be able to provide a universal toll-free number 1+800, 866, 877, 888 for access by remote users. Authorized Users must have capability of completing a call from either touch-tone, rotary or reader (magnetic stripe) telephone.

Bidders must describe, in their proposal, their proposed system. Bidder’s calling card system must have the capability of assigning definable restrictions to an individual card. For example, a card assigned to one Authorized User will have its own set of calling capabilities and restrictions which may be different from a second Authorized User. The capabilities and restrictions must be definable to allow or restrict by items such as: dollar amount of calls, definable time periods, restrictions accessing network services such as 900, international calling, restricting locations and specific NPA’s and NXX’s.

Bidder must provide detailed descriptions of the dialing procedural sequence for dialing domestic and international calling. The procedures are to be step-by-step instructions that include the exact number of digits required for each step (e.g. area code, pin number, telephone number), progress tones, and all steps or actions required by the Authorized User to complete the call. If there is a difference in the exact steps and/or the digits dialed for making the different types of domestic calls, a detailed procedure is required for each. Bidder must include copies of all instructional material to be distributed to the end user.

Bidder must have the capability to provide electronic, media, and/or web based access, for the management of all authorization codes for all users of the contract (i.e. state agencies, county government and local governments).

The Bidders calling card service must allow international calling from overseas to United States or to another international location. Describe how calls will be made and how they will be billed to the calling card customer of record.

Bidders must describe, in their proposal, Outbound or Inbound Calling Card rates and their application.

Bidder must provide the ability to allow Authorized Users of the calling card service to place an additional call after terminating the first call without hanging up and redialing. This feature must also apply if the user dialed a number and it was busy. Bidder must describe, in their proposal, how a caller can disconnect from voice mail, auto attendant, or FAX system.

Bidder’s calling card service must allow Authorized Users who mis-dial a number the ability, assuming the incorrect number was not completely dialed, to redial the correct number without starting over again. Bidder must describe in their proposal this process, in detail.

Bidder must describe, in their proposal, the process and procedures for calling card administration for both manual and electronic, with a web based system being the most desirable to perform issuance, discontinuation and Security.


Bidders must describe, in their proposal, how all calling cards issued will be sent at no cost and in a secure manner to the Authorized User.

Bidders must explain in detail how their calling card system will allow a user to do three-way calling with or without operator intervention.

The Bidder’s calling card system must offer speech recognition at no additional cost for a user who wishes to place a call.

Bidder must provide Braille calling cards at no additional cost. Instructions for use of cards must be provided for both blind and sighted individuals.

Bidder must provide calling cards including Braille cards with a magnetic strip on a hard card so it can be used in “SWIPE” phones.

Bidder must have and describe, in their proposal, billing arrangements in place with all local exchange and major long distance carriers for the billing of all calling card calls.

Bidder must provide a list of all international countries that can be direct dialed, and a list of all international countries that require operator assistance to complete the call.

Bidder must inform the State within 30 days after new international calling capability becomes available, and provide an updated rate list for such countries.

All system must provide the ability to complete calls to all domestic NPAs including 700 numbers as well as all international numbers

Bidders must allow Authorized Users to designate a customer administrator at no additional cost that will have web based access to on-line call and billing detail data in real time. Describe this service in full detail.

It is desirable that Authorized Users be able to re-activate calling card that has been deactivated in the last 30 days.

III.5.2 OptionsBidders must provide customized or private logo on calling cards. Identify any additional cost and state what is the minimum number of cards that can be ordered.

III.5.3 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed Calling Card service. These management reports must be available to the Agency upon request.

III.5.4 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Calling Card service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Calling Card network is conducted (i.e., alarm notification, performance statistics, etc.)


Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Calling Card network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Calling Card service. These management reports must be available to the Agency upon request.

III.6 DIRECTORY ASSISTANCE SERVICES

III.6.1 Service DescriptionBidder must agree to provide White Pages Information, both residential and business, and Government listings (Blue Pages) for the Continental United States, including all independent telephone companies, to all calling parties.

At a minimum, Bidder must agree to update Operator database(s) daily and identify the source(s) of the data to be used to update the directory information database(s).

Bidder must agree to provide Authorized Users with the information their operators will require to provide the caller with directory assistance (e.g. city, state, area code, LATA, etc.).

Bidder must agree to provide a Toll Free number to access directory assistance, and provide, at a minimum, directory assistance services for both residential and business for the Continental United States to all calling parties.

Bidder must identify how operators will handle calls when the requested information is not in their database.

Bidder must identify if Directory Assistance can be provided for International calls.

Bidder must identify the make and model of the switching equipment they utilize to handle calls, its maximum call handling capacity and its current busy hour load.

Bidder must identify access method to be used from Authorized User’s systems (e.g. 800 number, 10XXX or dedicated facility).

Bidder must agree to allow Authorized Users to aggregate traffic at one or more sites for delivery to the Bidder. The decision to do so will be at the discretion of the Authorized User.

Bidder must identify alternate routing options for Authorized Users using dedicated facilities.

Bidder must agree in their proposal that all calls will be answered by a Directory Assistance Operator within three rings or forwarded to the appropriate provider (either the LEC or PIC) at no additional cost to the Authorized User. Describe in detail how this will be accomplished.

Bidder must identify how multiple requests will be handled from a single caller.

Bidder must agree in their proposal to block Operator call completion for each location requested by Authorized Users.


Bidder must identify if their operators utilize a script when answering calls. If one is used a copy must be provided and approved by OGS for use under the contract.

Bidder must identify in their proposal current and projected operator staffing levels at locations handling the traffic.

Bidder must identify if multilingual operators are available. If so, identify which languages and when these positions are staffed in the proposal.

Bidder must identify if address and zip code information is available to callers. Provide a response in the proposal.

Bidder must be able to provide switched or dedicated directory assistance service to any Authorized User within New York State. Describe, in their proposal, how switched access is provided.

Bidder must provide a description of any additional features or enhancements their Directory Assistance service can provide.

All costs associated with the proposed Long Distance Service must be included in the Cost Tables in Attachment C.

Bidder must agree to provide traffic reports to OGS and Authorized Users of the contract on a monthly basis. These reports must be provided for each location and include at a minimum date, time, originating telephone number, area code called, location called, length of call and cost with subtotals for number of IntraLATA, Intrastate and Interstate calls. A copy of the report must be provided as part of Bidder’s proposal.

Bidder must agree to provide overflow reports, which identifies by location, calls that overflow to another service provider. These reports must be provided for each location and include at a minimum date, time, area code called, with subtotals for each location and monthly total. A copy of the report must be provided in Bidder’s proposal.

Bidder must agree to provide a summary report of all locations to PSG on a monthly basis. This report must include subtotals for number of IntraLATA, Intrastate and Interstate calls and their associated costs, for each location and total calls for the month.

III.6.2 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed Directory Assistance service. These management reports must be available to the Agency upon request.

III.6.3 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Directory Assistance service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Directory Assistance network is conducted (i.e., alarm notification, performance statistics, etc.)


Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Directory Assistance network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Directory Assistance service. These management reports must be available to the Agency upon request.

III.7 VOICE OVER IP SERVICES (VoIP)

III.7.1 Service DescriptionBidders must describe, in their proposal, the VoIP services being offered; these include but are not limited to:

IntraState IntraLATA IntraState InterLATA Inter-State, Inter-LATA Calling Toll-Free International

Bidders must provide service that conforms to the standard 10-digit North American Dialing Plan and international dialing plan of the ITU for all international calls.

All costs associated with the proposed VoIP Service must be included in the Cost Tables in Attachment C.


III.7.2 Dialing PlanThe VoIP service provided by bidders must adhere to all standards for the North American and International dialing plans. Bidders must state whether local calls within the same calling area will require a seven digit (NXX+XXXX) or ten digit (NPA+NXX+XXXX) dialing plan.

III.7.3 Access TypeBidders may provide VoIP service via the following Broadband Internet (IP enabled) access types but not limited to:

xDSL Digital Trunk (DS-1, DS-3, etc…) Ethernet (MAN/WAN) Broadband Cable

Bidders must list and describe, in their proposal, bandwidth requirements and limitations for the types of access available with their proposed VoIP service. Bidders must adhere to the requirements for the type of access being proposed for VoIP service.

III.7.4 Calling FeaturesBidders must describe, in their proposal, which of the following features or additional features are provided with its VoIP service.

Call Forwarding Call Waiting Call Conferencing (3 Party Calling)


Incoming Caller Identification Incoming Caller Identification w/Calling Party Name Last Call Return (Access by Code) Incoming Call Trace Capability Speed Dialing (Frequently Dialed Numbers) Repeat Dialing of Called Number

All recurring and non-recurring charges associated with these features (on a per line basis) must be included in the Cost Tables in Attachment C.

III.7.5 Optional Calling Features Online voicemail

o Traditional voicemail service with the following elements: Access to voicemail from any phone Access to voicemail account from an Internet browser and listen to messages

using a PC Voicemail messages sent to an e-mail account.

Fax Support Online call logs - Online log of all incoming and outgoing calls. Do not disturb - Automatically forward all calls or calls from specific numbers to voicemail. Locate me - Ring multiple phone lines simultaneously or in sequence. Conference calling - Conference calls with a conference call between a group of people Free in network calling Area code selection - Ability to select any area code. Call Transfer - Ability to transfer calls to another number. Computer Dial - Ability to store phone numbers on a computer and use a computer to dial. Ring Lists - Ability to have one virtual number connected to multiple lines.

III.7.6 Pay-per-Call Service RestrictionBidders may propose VoIP service that allows the Authorized User to block access to some or all prerecorded announcements, talk lines, and information services. These distinct prefixes include, but are not limited to, the following:

Service Area Code or Exchange Group Conversation Lines 550 Adult Information Services 554 Pay-per-Call Services 900 Information Services 920 Adult Programs 940 Information Services 976

Bidders must include any additional area codes and/or exchanges that provide such pay-per-call services which may become available in the future in the proposed blocking feature.

III.7.7 Directory Assistance Call Transfer RestrictionBidders may propose VoIP service that can restrict the caller from accessing or being connected to their desired telephone number through directory assistance service.

III.7.8 Collect or 3rd Party Call AcceptanceBidders may propose VoIP service that can restrict the acceptance of collect calls and third party billed calls upon request of the Authorized User.


III.7.9 Operator ServicesBidders may propose VoIP service that includes human operator service for assistance in placing calls as well as connection to operator services when required. Bidders must describe, in their proposal, its operator service offering if availability.

Bidders must describe its operator service offering.

Bidders may provide operator service 24 hours-a-day, 365 days-per-year with no holiday exceptions.

Bidders must provide any costs associated to provide operator services.

III.7.10 Incoming Caller IdentificationThe VoIP service proposed by the Bidders must allow for incoming caller identification (Caller ID) service allowing for the display of the calling telephone number to an industry standard Caller ID device, telephone instrument or premises based telephone system. Caller identification service must be provided at no cost to the Authorized User.

The Bidder must provide VoIP service that allows for the caller to either block or activate the caller identification service. This option must allow Authorized Users to utilize caller identification service in the following ways:

Activation of the caller identification service by the Bidder for all calls originating from that telephone number. Blocking of the caller identification service is performed by the end user entering a simple code on the touch tone pad.

Blocking of the caller identification service by the Bidder for all calls originating from the telephone number.

III.7.11 Remote Call ForwardingBidders must describe, in their proposal, how their proposed VoIP service will allow for the activation of Remote Call Forwarding. Remote Call Forwarding is a function by which the Bidder provides a process to forward all incoming calls to another pre-designated telephone number. This predestinated telephone number may exist at any location served by the North American Dialing Plan.

The proposed Remote Call Forwarding function must allow for multiple calls to be forwarded simultaneously should the receiving telephone service be capable of processing multiple calls.

The Bidder must provide all costs associated with provisioning Remote Call Forwarding in the Cost Tables in Attachment C.

III.7.12 Direct-Inward-Dialing (DID) ServiceBidders must propose Direct-Inward-Dialing (DID) service as part of its VoIP service offering.

Bidders must list, in its response, the access types available to Authorized Users for the proposed DID service.

The DID service proposed by the Bidders must provide Dialed Number Identification Service (DNIS) to the receiving telecommunications equipment at the Authorized Users site. The Bidder must state the minimum and maximum number of digits being delivered to the Authorized Users premise equipment.


The DID service proposed by the Bidder must provide blocks of consecutive telephone numbers for the Authorized User. The Bidder must describe, in their proposal, the minimum and maximum number of consecutive telephone numbers available with the proposed DID service.

III.7.13 Toll FreeBidders must respond to the specifications in this section of the RFP document. All costs associated with the proposed incoming toll free service must be included in the Cost Tables in Attachment C.

III.7.14 Types of Toll Free ServiceBidders must propose incoming toll free services that accommodate the following types of traffic:

Intra-LATA Calling Intra-State, Inter-LATA Calling Inter-State, Inter-LATA Calling

Bidders must propose incoming toll free services that include, at a minimum, the current geographic codes of 800, 888, 877, 866, 855.

Bidders must describe, in their proposal, how it will continue to update the toll free options available to the Authorized Users during the period of this contract.

Bidders must describe, in their proposal, any incoming toll free service offerings it provides as options to the traditional geographic codes listed above.



III.7.16 Local Number PortabilityBidders must provide for local number portability with its proposed VoIP service. Local number portability must allow for Authorized Users to retain local telephone numbers when changing from current carriers to the Bidder’s services as well as from the Bidder’s service to another carrier. Bidders must describe, in their proposal, how local number portability will be provided to Authorized Users.

The Bidder must state areas within New York State where they cannot provide local number portability. In those areas where local number portability is not available, Bidders must describe, in their proposal, alternatives for those Authorized Users to retain their telephone numbers while moving to or from the Bidder’s VoIP service. (i.e., re-routing of calls, referral message, call forwarding, etc.) Bidders must provide local number portability at no charge to Authorized Users.

III.7.17 E911 Bidders must propose VoIP service that meets the compatibility requirements for all emergency and enhanced 911 services within New York State. The Bidder must describe in detail, how it meets the requirements for providing enhanced 911 dialing by the user as well as delivery of required calling number and location identification to the required Public Safety Answering Point (PSAP).


The Americans with Disabilities Act (ADA) requires all PSAPs to provide direct, equal access to their services for people with disabilities who use TTYs. PBX systems that generally support E911 access to emergency services have the necessary programming to enable three-digit dialing to Telecommunications Relay Services (TRS) centers.

III.7.18 Printed Directory of Telephone NumbersA directory of Authorized Users telephone numbers, in each local calling area, must be made available to the general public at no cost on an annual basis at the request of the authorized user.

Bidders must describe, in their proposal, how they will provide directory listings of the Authorized Users to the general public of New York at no cost to the Authorized Users or the general public.

It is desirable that any “foreign listing” of a New York Agency’s telephone number be provided at no cost to the Authorized User or the general public. A “foreign listing” is the appearance of a telephone number (from another calling area) in the printed directory of a different calling area.

Bidders must allow for Authorized Users to install VoIP service with associated telephone numbers which will not be available to the general public via the use of a printed directory listing or call in directory assistance service. This “non-published” service must be provided at no cost to Authorized Users.

III.7.19 Listing in Directory AssistanceAll published telephone numbers of New York State Agencies must be made available to the general public of New York through the use of a call to an automated or “live” directory assistance service. Bidders must describe, in their proposal, how directory assistance will be performed using the standard “411” dialing code.

III.7.20 Disconnection of ServicesThe Bidder must provide VoIP service that allows for intercept messages and referrals to be associated with VoIP service that has been disconnected. These intercept messages must include, but not be limited to, the following:

Number Dialed Not in Service; Number Dialed Not in Service with Referral to New Number (10 Digit Format); Number Dialed Temporarily Out of Service.

Bidders must provide all Authorized User required intercept messages and referrals for a minimum of one year from the date of disconnection at no cost.

III.7.21 Temporary Suspension of ServiceBidders must propose VoIP service that allows for the temporary suspension of service with an intercept message providing such notification. Temporary suspension of service may be enacted by Authorized Users that provide seasonal services to the general public and that wish to continue to use the same telephone number during subsequent seasons.


It is desirable that the Bidder provide a suspension and reactivation of VoIP service at no cost to the Authorized User.


III.7.21.1 Reinstallation of ServicesIt is desirable that the Bidders not charge installation charges for services should disconnected service be re-installed within 90 days of original removal.

III.7.21.2 Full or Unlimited Use ServiceIt is desirable that Agencies which presently utilize VoIP service with unlimited usage be able to continue to do so with the Bidder’s proposed services.

The Bidder must provide the costs associated with unlimited VoIP service in the cost tables in Attachment C.

III.7.22 Pricing of VoIP ServiceBidders must provide the basic monthly cost for its proposed VoIP service in the Cost Tables in Attachment C.

Bidders must state how they intend to charge for VoIP calls. (i.e., on a time expended basis only, on a per call basis only or on a per call and time expended basis.)

Bidders must provide the costs associated with VoIP calls in the cost tables in Attachment C.

III.7.23 VoIP Quality of ServiceBidders must describe, in their proposal, their approach, ability and specific measures for:

An approach that minimizes the effects of delay on voice quality An approach to minimize jitter to a 0.5ms maximum. An approach to minimize latency to 150 ms one-way An approach to minimize packet loss to 0.1% maximum Features that address lost-packet compensation, clock synchronization and echo cancellation

III.7.24 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed VoIP service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed VoIP service. No individual purchases of CPE may be made under this contract.

Bidders must describe, in their proposal, any requirements and if handsets are required to be line-powered or locally powered.

III.7.25 Network SecurityBidders must describe, in their proposal, how it insures the security of its VoIP network. The description must include the safeguards employed to limit access to unauthorized users and eliminate or limit the risk of fraud as well as what measures are taken to decrease the risk of sabotage and increase the level of technological security.

Bidders must describe, in their proposal, what safeguards are inherent in the proposed VoIP technology. This description must also include how bidders’ addresses air interface security to prevent unauthorized eavesdropping as well as fraud prevention.


Bidders must describe, in their proposal, the programs, policies and standards it has implemented to insure the security of its network, including the use of switch site security systems, security personnel and patrols, password-managed software systems, and live continuous monitoring of the network and all components.

III.7.26 Integrated MessagingIntegrated messaging allows an e-mail client to retrieve voice mail, faxes and paged messages from a voice mail system. Integrated messaging can also mean that voice mail can retrieve e-mail and other text-based information from the system using text-to-voice technology.

Bidders must demonstrate the connection of your voice mail system to an e-mail system. Explain what is necessary for the e-mail client and server software to retrieve voice mail messages. Also explain, if applicable, how your voice mail system can retrieve e-mail text.

III.7.27 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed VoIP service. These management reports must be available to the Agency upon request.

III.7.28 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed VoIP service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the VoIP network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its VoIP network. E.g. – Foreign Blocking or purposeful degradation of VoIP service.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed VoIP service. These management reports must be available to the Agency upon request.

III.8 PAY TELEPHONES

A payphone is a fixed telephone that is connected to the public switched telephone network operated by a licensee that cannot be used to make a telephone call (other than a free call or a call made through an operator-assisted or automated caller identity verification system) unless the user, immediately prior to using the telephone, makes, or arranges to make, a payment for that particular individual call.

III.8.1 Service DescriptionBidders must describe, in their proposal, the Pay Phone services being offered. This description is to include all pertinent detail. Various services offered, costs associated with various plans etc. Bidders must include their Service Level Agreements(SLA) for inclusion in the Contract Award Notice (CAN) that will be published for contracts awarded as a result of RFP 20268 (2009 version).



III.8.2 Temporary Suspension of ServiceIt is desired that bidders propose service that allows for the temporary suspension of service. Temporary suspension of service may be enacted by Authorized Users that provide seasonal services to the general public.


It is desirable that the Bidder provide a suspension and reactivation of service at no cost to the Authorized User.

III.8.2.1 Reinstallation of ServicesIt is desirable that the Bidders not charge installation charges for services should disconnected service be re-installed within 180 days of original removal. This time period may vary and will be determined with Authorized Users at the time that service is initiated.

III.8.3 Pricing of Pay Phone ServiceBidders must provide the basic monthly cost for its proposed Pay Telephone service in the Cost Tables in Attachment C.

Bidders must state how they intend to charge for calls. (i.e., on a time expended basis only, on a per call basis only or on a per-call and time expended basis.)

Bidders must provide the costs associated with Pay Telephone calls in the cost tables in Attachment C.

III.8.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Pay Telephone service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed service. No individual purchases of CPE may be made under this contract.

III.8.5 Network SecurityBidders must describe, in their proposal, how it insures the security of its network. The description must include the safeguards employed to limit access to unauthorized users and eliminate or limit the risk of fraud as well as what measures are taken to decrease the risk of sabotage and increase the level of technological security.

Bidders must describe, in their proposal, what safeguards are inherent in the proposed technology. This description must also include how bidders’ addresses air interface security to prevent unauthorized eavesdropping as well as fraud prevention.



III.8.6 Management ReportsBidders must describe, in their proposal (if any), all management reports available to the Authorized Users with the proposed Payphone service. These management reports must be available to the Agency upon request.

III.8.7 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Payphone service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.


IV CONNECTIVITY SERVICES – LOT 2

IV.1 PRIVATE LINE DATA SERVICES

IV.1.1 Service DescriptionNew York State utilizes various dedicated Private Line circuit services for various applications. Bidders must respond to the specifications in this section of the RFP document. All costs associated with the proposed dedicated Private Line circuit services must be included in the Cost Tables in Attachment C.

IV.1.2 Types of ServicesBidder must be capable of providing, at a minimum, the following data service:

3002 Circuits (Analog) Point-to-Point or Multi-Point Digital Data Service(DDS) 2.4 to 64 Kbps Point-to-Point or Multi-Point Tl / Fractional T-1Circuits T3 / Fractional T-3 Circuits OCx Circuits

Bidders must indicate the types of dedicated services that it will provide in the Quoted Service Tables in Attachment C.

Bidders must include it its response any additional dedicated data communications services it wishes to offer.

IV.1.3 Transport TypesBidders must describe, in their proposal, the transport types available to provide the types of services above. At a minimum but not limited to:

Copper Fiber Optic Wireless Other

IV.1.4 Multiplexing CircuitsBidders must provide private line services that include the ability to have multiple services delivered over a single DS-l or DS-3, etc circuit. Bidders must describe this feature in its response.

IV.1.5 Customer Premise Equipment RequirementsBidders must list and describe, in their proposal, all premises based termination equipment required for each of the type of dedicated data communications service proposed. All costs associated with the proposed dedicated Private Line circuit services must be included in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Private Line service. No individual purchases of CPE may be made under this contract.

IV.1.6 Standards ComplianceThe services proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed service meets or exceeds these standards and include a list of such standards in its response.



IV.1.7 Network SecurityBidders must describe, in their proposal, the measures they will take to ensure the confidentiality of the Authorized User’s traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

IV.1.8 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Private Line Data service. These management reports must be available to the Agency upon request.

IV.1.9 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Private Line Data service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Private Line Data network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Private Line Data network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Private Line Data service. These management reports must be available to the Agency upon request.

IV.2 SWITCHED 56KBPS SERVICES

IV.2.1 Service DescriptionBidders must describe, in their proposal, its Switched 56Kbps service. Bidders must provide all recurring and non-recurring costs associated with each type of Switched 56Kbps service offered in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, the Switched 56Kbps Service including geographic availability, termination equipment required, installation and maintenance requirements.

Bidders must describe, in their proposal, the criteria for billing its Switched 56Kbps service (i.e., per minute, distance sensitive, time-of-day, etc.). This description must include a list of all items (recurring and non-recurring) that are associated with providing Switched 56Kbps service. Provide all costs associated with these items in the Cost Tables in Attachment C.

Bidders must state if a monthly charge, regardless of usage, is applied to its Switched 56Kbps. Bidders must provide all costs associated with this surcharge in the Cost Tables in Attachment C.

It is desirable that bidders provide Switched 56Kbps services with no monthly charge with the exception of actual usage.


It is desirable that any usage charges associated with the proposed Switch 56Kbps service be billed in a postalized format that provides for a single per minute rate regardless of distance, time-of-day or day-of-week.

Bidders must state if a per call surcharge is applied to calls made with its Switched 56Kbps. Bidders must provide all costs associated with this surcharge in the Cost Tables in Attachment C.

It is desirable that bidders provide Switched 56Kbps services with no per call surcharge.

Bidders must state the initial (minimum) and subsequent billing increments for its proposed Switched 56Kbps.

It is desirable that bidders provide Switched 56Kbps usage that is billed in one second increments with no minimum billing increment.

It is desirable that the Switched 56Kbps service proposed by bidders be available on a flat monthly cost regardless of usage. Bidders must state if such as option is available and provide all costs associated with such in the Cost Tables in Attachment C.

IV.2.2 Service AvailabilityBidders must list all geographic areas where the proposed Switched 56Kbps service is available. It is desirable that bidders be capable of providing Switched 56Kbps Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within the United States where it cannot provide Switched 56Kbps service.

IV.2.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Switched 56Kbps service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Switched 56Kbps service. No individual purchases of CPE may be made under this contract.



IV.2.5 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Switched 56Kbps service. These management reports must be available to the Agency upon request.


IV.2.6 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Switched 56Kbps service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Switched 56Kbps network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Switched 56Kbps network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Switched 56Kbps service. These management reports must be available to the Agency upon request.

IV.3 INTEGRATED SERVICES DIGITAL NETWORK SERVICES (ISDN)

IV.3.1 Service DescriptionBidders must describe, in their proposal, the ISDN Service including geographic availability, termination equipment required, installation and maintenance requirements. Bidders must provide all recurring and non-recurring costs associated with each type of ISDN service offered in the Cost Tables in Attachment C.

It is desirable that the ISDN service proposed by bidders be available on a flat monthly cost regardless of usage. Bidders must state if such as option is available and provide all costs associated with such in the Cost Tables in Attachment C.

IV.3.2 Service AvailabilityBidders must list all geographic areas where the proposed ISDN service is available. It is desirable that bidders be capable of providing ISDN Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within the United States where it cannot provide ISDN service.

IV.3.3 Customer Premise Equipment RequirementsBidders must list and describe, in their proposal, all termination equipment required to provide ISDN service to the Authorized Users premises. Bidders must provide separate lists for BRI and PRI service.Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed ISDN service. No individual purchases of CPE may be made under this contract.

IV.3.4 Network SecurityBidders must describe, in their proposal, the measures they will take to ensure the confidentiality of the Authorized User’s traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.


IV.3.5 Standards ComplianceBidders must provide ISDN service that meet National Standards and include:

BRI-2B+D PRI-23B+D

The services proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed service meets or exceeds these standards and include a list of such standards in its response.


IV.3.6 BillingBidders must describe, in their proposal, the criteria for billing its ISDN service. This description must include a list of all items (recurring and non-recurring) that are associated with providing ISDN service. Provide all costs associated with these items in the Cost Tables in Attachment C.

IV.3.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized Users with the proposed ISDN service. These management reports must be available to the Agency upon request.

IV.3.8 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed ISDN service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the ISDN network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its ISDN network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed ISDN service. These management reports must be available to the Agency upon request.

IV.4 DIGITAL SUBSCRIBER LINE SERVICES (xDSL)In order to enter into a contract for xDSL service, bidders must respond to the specifications in this section of the RFP document. xDSL will be utilized for internet access, data, image and eventually voice and video services. Bidders must propose xDSL service that meets the minimum requirements outlined in this section.

IV.4.1 Service DescriptionBidders must describe, in their proposal, the xDSL service being proposed. Bidders must provide all recurring and non-recurring costs associated with each type of xDSL service offered in the Cost Tables in Attachment C.


IV.4.2 Service AvailabilityBidders must list all geographic areas where the proposed xDSL service is available. It is desirable that bidders be capable of providing xDSL Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where xDSL service cannot be provided.

IV.4.3 Service TypesBidders must state the types of xDSL service available. Bidders must include a brief description including all applications for each type of service proposed.

IV.4.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed xDSL service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed xDSL service. No individual purchases of CPE may be made under this contract.



IV.4.6 Network UptimeBidders must state the percentages of network uptime and erred seconds for the xDSL service proposed.

IV.4.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed xDSL service. These management reports must be available to the Agency upon request.

IV.4.8 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed xDSL service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the xDSL network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its xDSL network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed xDSL service. These management reports must be available to the Agency upon request.


IV.4.9 Network Inter-OperabilityBidders must describe, in their proposal, how the proposed xDSL service will inter-operate with other Wide Area Network (WAN) services utilized. (i.e. Frame Relay, ATM, etc.).

IV.4.10 Network SecurityBidders must describe, in their proposal, the measures it will take to ensure the confidentiality of the Authorized Users traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

IV.5 FRAME RELAY SERVICESBidders must propose a Frame Relay Service that meets the minimum requirements outlined in this section.

Frame Relay Services will be used for but not limited to the interconnection of Local Area Networks (LANs), fast packet transfer, voice and video services.

IV.5.1 Service AvailabilityBidders must list all geographic areas where the proposed Frame Relay service is available. It is desirable that bidders be capable of providing Frame Relay Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide Frame Relay service.

It is desirable that bidders provide Frame Relay Service to international locations. Bidders must list all international locations where they are capable of providing the proposed Frame Relay service.

IV.5.2 Service Access TypesBidders must describe, in their proposal, the types of network services that may be used in conjunction with or as access to the proposed Frame Relay service (i.e., ISDN BRI, Switched 56Kbps, etc.)

IV.5.3 Service Access SpeedsBidders must provide Frame Relay service with access speeds ranging from 56Kbps to 1.544Mbps (TI) at a minimum. Bidders must list the available access circuit speeds for the proposed Frame Relay service.

Bidders must state if the proposed Frame Relay service allows for dynamic configuration of DS-l access services for Frame Relay to allow for additional channels to be used for other voice or data communications functions. For example, is an Agency able to use a single DS-l circuit to connect to the Frame Relay service (3 84Kbps) while utilizing the remaining bandwidth for other applications such as Point-to-Point connections or possible access to the voice toll network.

IV.5.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Frame Relay service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Frame Relay service. No individual purchases of CPE may be made under this contract.


IV.5.5 Standards ComplianceThe proposed Frame Relay service must conform to all ANSI and ITU standards including, but not limited to, the following areas:

Service Description Congestion Management Core Aspects Access Signaling Data Link Control

The services proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed service meets or exceeds these standards and include a list of such standards in its response.


IV.5.6 Committed Information Rate (CIR)Bidders must provide the minimum and maximum Committed Information Rate (CIR) supported by the Frame Relay network at 56Kbps and above access levels.

IV.5.7 CIR Adjustment RequirementsBidders must provide, with the proposed Frame Relay service, the ability for the Authorized User to adjust the Committed Information Rate (CIR) in increments of 2Kbps or increments mutually agreed upon by the Authorized User and bidders. This CIR adjustment must be provided in conjunction with Committed Burst Rate and the Extended Burst Rate. Bidders must list the specific areas within the geographic area of New York where this capability is provided with the Frame Relay service.

Bidders must guarantee that the proposed Frame Relay network will provide adequate bandwidth in cases when the CIR is exceeded. Bidders must state its policies regarding “overbooking”.

It is desirable that bidders provide Frame Relay service that allows the CIR to be advertised on all Permanent Virtual Circuits (PVCs). Bidders must list the specific areas within the geographic area of NYS where they are capable of providing the Frame Relay service.

IV.5.8 Committed and Extended Burst RateBidders must provide their specification for committed burst rate and extended burst rate including amount of burst in a given interval and any associated limits or restrictions.

IV.5.9 Congestion ManagementBidders must explain how the proposed Frame Relay network provides congestion management (i.e., Forward Explicit Congestion bit (FECN), Backward Explicit Congestion bit (BECN)).

IV.5.10 Rate EnforcementBidders must explain how the proposed Frame Relay network supports rate enforcement. (i.e., the use of CIR and a discard eligibility (DE) bit or similar means.) Bidders must describe, in detail in its response, how rate enforcement is performed.


IV.5.11 Error Checking TechniqueBidders must explain how the proposed Frame Relay network supports its error checking technique. (i.e., Cyclic Redundancy Check (CRC), etc.)

IV.5.12 Network LatencyBidders must explain any network latency in the Frame Relay network. Is this network latency a result of the network being distance sensitive?

Bidders must submit a latency guarantee of bandwidth/distance and, when required by the Authorized User, describe, in their proposal, how the PVC is routed within the Frame Relay network.

Bidders must state their percentage of network uptime and percentage of erred seconds for the Frame Relay service proposed.

Authorized User’s may utilize the Frame Relay network for voice, data and video applications. Bidders must state if their network is enabled for this application.

Bidders must state whether voice and data traffic can be sent via the use of the same PVC over the proposed Frame Relay network.

IV.5.13 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Frame Relay service. These management reports must be available to the Agency upon request.

IV.5.14 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed Frame Relay service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Frame Relay network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Frame Relay network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Frame Relay service. These management reports must be available to the Agency upon request.

IV.5.15 Network SecurityBidders must describe, in their proposal, the measures they will take to ensure the confidentiality of the Authorized Users traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.


IV.6 ASYNCHRONOUS TRANSFER MODE SERVICES (ATM)In order to enter into a contract for Asynchronous Transfer Mode (ATM) services, bidders must respond to the specifications in this section of the RFP document.

ATM will be utilized for any and all of the following voice, image, data and video services. Bidders must propose ATM service that meets the minimum requirements outlined in this section.

IV.6.1 Service DescriptionBidders must briefly describe, in their proposal, any ATM service being proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed ATM service in the Cost Tables in Attachment C.

IV.6.2 Service AvailabilityBidders must list all geographic areas where the proposed ATM service is available. It is desirable that bidders be capable of providing ATM Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within the United States where it cannot provide ATM service.

It is desirable that bidders provide ATM service to international locations. Bidders must list all international locations where it is capable of providing the proposed ATM service.

IV.6.3 Access TypesBidders must list the types of services provided for access to the proposed ATM service. Bidders must provide all recurring and nonrecurring costs associated with these proposed access types must be included in the Cost Tables in Attachment C.

IV.6.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed ATM service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed ATM service. No individual purchases of CPE may be made under this contract.

IV.6.5 Virtual CircuitsBidders must list the types of virtual circuits supported by its proposed ATM service. (i.e., permanent virtual circuits, switched virtual circuits, virtual channel connections and virtual path connections.)

IV.6.6 Category of ServiceBidders must state the categories of service supported by the proposed ATM service.

IV.6.7 Network UptimeBidders must state their percentage of network uptime and percentage of erred seconds for the ATM service proposed.


IV.6.8 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed ATM service. These management reports must be available to the Agency upon request.

IV.6.9 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed ATM service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the ATM network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its ATM network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed ATM service. These management reports must be available to the Agency upon request.



Bidders must describe, in their proposal, how the proposed ATM service will inter-operate with other Wide Area Network (WAN) services utilized. (i.e., Frame Relay).

IV.6.11 Network SecurityBidders must describe, in their proposal, the measures they will take to ensure the confidentiality of the Authorized Users traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

IV.7 SONET SYNCHRONOUS OPTICAL NETWORK SERVICES (SONET)In order to enter into a contract for SONET service, bidders must respond to the specifications in this section of the RFP document.

SONET will be utilized for voice, image, data and video services. Bidders must propose SONET service that meets the minimum requirements outlined in this section.

IV.7.1 Service DescriptionBidders must briefly describe, in their proposal, the SONET service being proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed SONET service in the Cost Tables in Attachment C.


IV.7.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed SONET service. It is desirable that bidders be capable of providing SONET Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide SONET service.

IV.7.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed SONET service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed SONET service. No individual purchases of CPE may be made under this contract.

IV.7.4 Bandwidth AvailabilityBidders must describe, in their proposal, the types of bandwidth (transmission speeds) provided with its SONET service (i.e., OC-3, OC-12, OC-48, OC-192, etc).

IV.7.5 Standards ComplianceThe SONET service proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed SONET service meets or exceeds these standards and include a list of such standards in its response.

IV.7.6 Network UptimeBidders must state their percentages of network uptime and erred seconds for the SONET service proposed.

IV.7.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed SONET service. These management reports must be available to the Agency upon request.

IV.7.8 Network ManagementBidders must describe, in their proposal, all network management services available to the Authorized Users with the proposed SONET service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the SONET network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its SONET network.

Bidders must describe, in their proposal, all management reports available to the Authorized User with the proposed SONET service. These management reports must be available to the Agency upon request.

IV.7.9 Network SecurityBidders must describe, in their proposal, the measures it will take to ensure the confidentiality of the Authorized User traffic. Bidders must describe, in their proposal, all standard and optional security


services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

IV.8 ETHERNET SERVICES (MAN/WAN)Bidders must propose MAN/WAN Ethernet (10/100/1000/10,000/etc) service that meets the minimum requirements outlined in this section.

IV.8.1 Service DescriptionBidders must briefly describe, in their proposal, the Ethernet service offering proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed Ethernet service in the Cost Tables in Attachment C.

IV.8.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed Ethernet service. It is desirable that bidders be capable of providing Ethernet Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide Ethernet service.

IV.8.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) or network termination equipment requirements for the proposed Ethernet service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Ethernet service. No individual purchases of CPE may be made under this contract.

IV.8.4 Standards ComplianceThe Ethernet service proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed Ethernet service meets or exceeds these standards and include a list of such standards in its response.

IV.8.5 Network UptimeBidders must state the percentages of network uptime for the Ethernet service proposed.

IV.8.6 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Ethernet service. These management reports must be available to the Agency upon request.

IV.8.7 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Ethernet service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Ethernet network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Ethernet offering.


Bidders must describe, in their proposal, all management reports available with the proposed Ethernet service. These management reports must be available to the Agency upon request.

IV.8.8 Service Inter-operabilityBidders must describe, in their proposal, how the proposed Ethernet service will inter-operate with other Wide Area Network (WAN) services utilized (i.e. Frame Relay, ATM, etc.).


IV.9 CABLE BASED BROADBAND SERVICESBidders must propose Cable Based Broadband services that meet the minimum requirements outlined in this section.

IV.9.1 Service DescriptionBidders must briefly describe, in their proposal, its Cable Based Broadband service offering proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed Cable Based Broadband service in the Cost Tables in Attachment C.

IV.9.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed Cable Based Broadband service. It is desirable that bidders be capable of providing Cable Based Broadband Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide Cable Based Broadband service.

IV.9.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) or network termination equipment requirements for the proposed Cable Based Broadband service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Cable Based Broadband service. No individual purchases of CPE may be made under this contract.

IV.9.4 Standards ComplianceThe Cable Based Broadband service proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed Cable Based Broadband service meets or exceeds these standards and include a list of such standards in its response.

IV.9.5 Network UptimeBidders must state its percentage of network uptime and percentage of erred seconds for the Cable Based Broadband service proposed.


IV.9.6 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Cable Based Broadband service. These management reports must be available to the Agency upon request.

IV.9.7 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Cable Based Broadband service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Cable Based Broadband network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Cable Based Broadband offering.

Bidders must describe, in their proposal, all management reports available with the proposed Cable Based Broadband service. These management reports must be available to the Agency upon request.

IV.9.8 Service Inter-operabilityBidders must describe, in their proposal, how the proposed Cable Based Broadband service will inter-operate with other Wide Area Network (WAN) services utilized (i.e. Frame Relay, ATM, etc.).


IV.10 FIXED WIRELESS SERVICES

Bidders must propose Fixed Wireless services that meet the minimum requirements outlined in this section.

IV.10.1 Service DescriptionBidders must briefly describe, in their proposal, its Fixed Wireless service offering proposed. For purposes of this section FIXED WIRELESS is defined to include Satellite (i.e. VSAT), Microwave, Laser, or other wireless means of communication transmission. Bidders must describe the specific service they are bidding and provide all recurring and non-recurring costs associated with the proposed Fixed Wireless Broadband service in the Cost Tables in Attachment C.

IV.10.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed Fixed Wireless service. It is desirable that bidders be capable of providing Fixed Wireless Service to all geographic areas of New York.

Bidders must describe, in their proposal, any geographic areas within New York where it cannot provide Fixed Wireless service.


IV.10.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) or network termination equipment requirements for the proposed Fixed Wireless service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Fixed Wireless service. No individual purchases of CPE may be made under this contract.

IV.10.4 Standards ComplianceThe Fixed Wireless service proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed Fixed Wireless service meets or exceeds these standards and include a list of such standards in its response.

IV.10.5 Network UptimeBidders must state its percentage of network uptime and percentage of erred seconds for the Fixed Wireless service proposed.

IV.10.6 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Fixed Wireless service. These management reports must be available to the Agency upon request.

IV.10.7 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Fixed Wireless service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Fixed Wireless network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Fixed Wireless offering.

Bidders must describe, in their proposal, all management reports available with the proposed Fixed Wireless Broadband service. These management reports must be available to the Agency upon request.

IV.10.8 Service Inter-operabilityBidders must describe, in their proposal, how the proposed Fixed Wireless service will inter-operate with other Network services utilized (i.e. Frame Relay, ATM, etc.).


Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPV MANAGED SERVICES – LOT 3

V.1 INTERNET ACCESS SERVICESBidders must provide Internet Access services connectivity and bandwidth options such as but not limited to: Dial-up, Dedicated, DSL, Tl, Cable, ISDN, Fiber and point to point wireless broadband. This category does not include Application Managed Services such as: Firewall, Intrusion Detection, Host Managed Services etc. See Internet Services Section Category, Section V.2.

V.1.1 Service DescriptionBidders must provide Internet Access services as a Tier 1 or Tier 2 provider directly or interfaced directly to a Tier 1 or Tier 2 provider. Bidders must describe, in their proposal, how their Internet Access Services are connected to a Tier 1 provider.

Bidders must describe, in their proposal, any other Internet Access related services pertinent to this section and provide costs in Attachment C Cost Tables.

It is desirable that bidders provide Security services to ensure the integrity of Internet Access connections. The response must describe, in their proposal, the security products and services available and the respective costs must be included in the Attachment C Cost Tables.

Bidder must provide design, engineering and implementation consultation to establish, maintain and enhance Internet Access connections. The response must describe, in their proposal, the consultation services available and the respective hourly labor costs must be included in the Attachment C Cost Tables.

It is desirable that bidders provide IP address services. The response must describe, in their proposal, bidders capabilities for offering this service. Associated costs must be included in the Attachment C Cost Tables.

Bidders must provide installation and support services for equipment and software required to establish, maintain and enhance Internet Access connections. The response must describe, in their proposal, the equipment provisioning and activation services available and the respective costs must be included in the Attachment C Cost Tables.

It is desirable that bidders provide QoS services (Quality of Service) and have the ability to segment traffic. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables.

It is desirable that bidders provide load-balancing services. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables.

Bidders must agree to supply Children's Internet Protection Act (CIPA) compliant filtering that requires schools and libraries implement Internet safety policies in order to receive U.S. federal technology funding such as e-rate. The response should describe, in their proposal, all the filtering services available and all costs must be included in the Attachment C Cost Tables.

V.1.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed Internet Services service. It is desirable that bidders be capable of providing Internet Access Service to all geographic areas of New York and the United States.


Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide Internet Access service.

It is desirable that the same prices are provided across the entire geographic area of the State of New York. To meet this specification bidders must describe, in their proposal, how the costs change or do not change across New York State.

V.1.3 Access Types-Bidder must provide data communication services in combination with Internet access services. The cost table must have the costs itemized for the individual data communications services and the Internet services. Bidders may not offer data communication services independent of Internet access services. However, bidders cannot require both the purchase of data communications and Internet services together. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables.

Bidders must provide a listing of connectivity and bandwidth options available such as but not limited to: Dial-up, Dedicated, DSL, Tl, Cable, ISDN, Fiber and point to point wireless broadband. Bidders response must provide costs for each option identified above in the Attachment C Cost Tables.

It is desirable that bidders provide dial-up Internet Access services. The response should describe, in their proposal, the range of dial-up services available as well as the geographic availability and the respective costs must be included in the Attachment C Cost Tables. Additionally, Bidders must provide a list of local service areas (towns) served without requiring toll services or extra cost connectivity.

V.1.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Internet Access service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Internet Access service. No individual purchases of CPE may be made under this contract.

V.1.5 Standards ComplianceThe services proposed by bidders must conform to all required national and international standards. Bidders must guarantee that the proposed service meets or exceeds these standards and include a list of such standards in its response.


V.1.6 Service Level AgreementBidders must provide an SLA for all internet and hosting services with the following as a minimum performance levels.

On-Net Network % Availability — 100% On-Net Network Availability Credits - 1 day of credit for each hour, or fraction of hour (15

minutes) that the network is unavailable and adversely affects the contracts eligible entity’s use of services obtained from bidders.

Off-Net Network % Availability — 100% readability/availability via connection to bidders tier I(one) Internet Service Provider(s) (ISPs)


Off-Net Network Availability Credits - 1 day of credit for each hour, or fraction of hour (15 minutes), that the connectivity to this provider is unavailable/unreliable and adversely affects the contracts eligible entity’s use of services obtained from bidders.

On-Net Latency maximum - 30ms round-trip from bidders’ facility to US backbone core to core On-Net Latency Credits - A credit of one day’s service fee for each full msec over Off-Net Latency Maximum - Less than 60ms round-trip monthly network wide average to Tier

one providers Off-Net Latency Credits - A credit of one day’s service fee for each full msec over On-Net Packet-Loss Maximum - Less than 1% from core to core site, measured as an average

over a one-month period On-Net Packet-Loss Credits - A credit of one day’s service fee for each full percentage over Off-Net Packet-Loss Maximum - Less than 1% from bidder’s regional polling device to their

Tier One provider; averaged over a monthly period Off-Net Packet-Loss Credits - A credit of one day’s service fee for each full percentage over

V.1.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Internet Access service. These management reports must be available to the Agency upon request.

V.1.8 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Internet Access service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Internet Access network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Internet Access offering.

Bidders must describe, in their proposal, all management reports available with the proposed Internet Access service. These management reports must be available to the Agency upon request.

V.2 INTERNET SERVICESThis broad category is to provide Authorized Users with a large array of Internet services associated with the provisioning of Internet Access. These are intended to compliment Internet Access Services.

Internet services include but not limited to: Internet Access Services including email, email scanning, web, ftp, news groups, and others Hosting Services including Web pages, Applications and others Host name registration services for host names in non-government domains Web site design and management services Portal Services VPN Services Firewall Intrusion Detection Data Back-up Other Internet services and hosting services as determined by OGS.


The respective costs must be included in the Attachment C Cost Tables.

Bidders must provide a detailed description of all services supported. All services provided must comply with any requirements in effect at the time of purchase.

V.2.1 Hosting ServicesBidders for Hosting Services must submit costs for the Hosting in Attachment C Cost Tables. The costs submitted must be complete for all services needed for bidders to host applications.

It is desirable that bidders provide Web Site and Application Hosting services. Bidders must provide a general description of their Web site and Application Hosting services and provide detailed respective costs in the Attachment C Cost Tables.

In addition to the Cost Tables bidders must provide a description addressing the following at a minimum but not limited to:

Description of the data center (owned by bidder, subcontracted, audits and certifications, network capabilities, etc…)

Types of services provided (collocation, hosting, dedicated hosting, shared hosting, storage design and consultation, etc...)

Products provided or supported by bidders including versions supported Hardware and Equipment provided by bidders (dedicated, shared, etc…) Process to accommodate non-supported products required by a prospective application. Responsibility for updating, uploading and maintaining the site/application including secure

remote access methods available Responsibility for maintenance, modifications and upgrades Steps taken to isolate and protect client data Steps taken to ensure site integrity, monitoring and reports Steps taken to ensure power supply, such as use of backup generators Customer responsibilities

If bidders is offering Web Site and Application Hosting services then bidders must describe, in their proposal, specific Web Site and Application Hosting services and capabilities including but not limited to:

Partnerships with system integrators IT staff capabilities (DBA’s, QA specialists, etc.) Typical deployment time for a small, medium, and large-sized project Web Site and Application monitoring capabilities (remote, wireless, proactive monitoring tools)

and levels of monitoring (CPU usage, file system usage, memory usage, network performance, etc.)

Partnerships with software bidders and application-level certifications Change management and configuration management procedures Procedures for software updates, operating system patches and upgrades Project management procedures

Bidders must describe, in their proposal, how Availability, Security and Reliability are addressed including but not limited to:

Availability of services 24 x 7 x 365, with exceptions for scheduled maintenance. Bidders must specify a notice period for planned maintenance. Describe, in their proposal, how network availability is calculated.

Describe how high-availability systems will be supported.


Define high-availability. Provide description for how is load balancing performed for all your customers within each data

center as well as between the primary and secondary data center, if applicable. Describe how monitoring is performed. Describe backup and redundancy, including backup of servers, telecommunications connections

and customer content. Describe disaster recovery capability. Bidders must make a commitment to get the system at

issue up and running after a disaster within a specific number of hours. Storage and security. Describe operation and maintenance of servers to maintain good working

order; physical and logical access restrictions; measures to ensure security and integrity of client content and other proprietary information transmitted through or stored on a server, including firewalls, independent archival and backup copies of site and contents, protection from network attacks and other malicious, harmful or disabling data, work, code or programs. Describe Storage Application Network (SAN) services if provided.

Describe service response time. Identify average response time for network and systems problems.

Credits for downtime due to factors other than client fault. Physical access by client to bidder’s space. Maintenance of bidder’s space. Insurance carried by bidder for general liability (bodily injury and property damage).

Bidders must describe how it will assist eligible entities in meeting its Records Conservation obligations. Specifically, what methods are available for long and short term storage of original Web pages, other site-related data and application-related data.

Bidders must include with the Web Site and Application Hosting Services a description and copies of all relevant service level agreements or any other documents in which Bidder addresses its commitments in the following areas:

Server response time Throughput capacity Server uptime and outages System redundancy Security including network and host-based security Software errors Rights in data User support and escalation procedures Description of hosting facility Electrical power continuity Customer care issues (access to network monitoring and Internet access statistics; access to

trouble ticket and change request system; username and password management or other authentication procedures).

Installationo systems and architecture consultingo project managemento supported server hardwareo server and server peripheral installationo operating system and web/application server software installation and monitoringo Web site reporting software installation

Regular serviceso proactive network and systems monitoring and notification


o Maintenance and support management services Problem ticketing, escalation and resolution System administration and change management Project management Report metrics and Web statistics reporting

Bidders must specifically describe how Proprietary Rights are addressed including but not limited to: Ownership of customer content Restriction on access and alteration of customer content Licenses demanded by bidder from client for content hosted by bidder Licenses from bidder to client for use of hosting bidder materials Licenses from bidder to client for software Ownership of URL designation, user interface, branding

V.2.2 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Internet service. These management reports must be available to the Agency upon request.

V.2.3 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Internet service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Internet network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Internet offering.

Bidders must describe, in their proposal, all management reports available with the proposed Internet service. These management reports must be available to the Agency upon request.

V.3 CO-LOCATION SERVICESCo-location services are repositories that provide flexible choices for space and connectivity in a highly controlled, carrier-neutral environment. Co-location facility space is built according to uniform environmental and security standards such as but not limited to:

Security - Multi-layer security control procedures, biometric access control, and 24 x 7 closed-circuit video and alarm monitoring.

Power - Uninterruptible redundant AC and DC power solutions meeting all types of Authorized Users needs.

Cooling - HVAC redundant design with appropriate air distribution. Fire Suppression - Smoke detection system above and below raised floor; double-interlock, pre-

action, dry-pipe fire suppression. Cable Management and Ladder Racking - Providing access to all cabling absent from obstructions.

V.3.1 Service DescriptionBidders must briefly describe, in their proposal, its Co-location services being proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed Co-location service in the Cost Tables in Attachment C.


V.3.2 Service AvailabilityBidders must list all geographic to which it provides the proposed Co-location service. It is desirable that bidders be capable of providing Co-location Service to all geographic areas of New York and the United States.

V.3.3 Access TypesBidders must list the types of services provided for access to the proposed Co-location service. Bidders must provide all recurring and nonrecurring costs associated with these proposed access types must be included in the Cost Tables in Attachment C.

V.3.4 Category of ServiceBidders must state the categories of service supported by the proposed Co-location service.



V.3.6 SecurityBidders must describe, in their proposal, the measures it will take to ensure the confidentiality of the Authorized Users traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

V.3.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Co-Location service. These management reports must be available to the Agency upon request.

V.4 MULTIPROTOCOL LABEL SWITCHING SERVICES (MPLS)In order to enter into a contract for Multi-protocol Label Switching (MPLS) services, bidders must respond to the specifications in this section of the RFP document.

MPLS will be utilized for any and all of the following voice, image, data and video services. Bidders must propose MPLS service that meets the minimum requirements outlined in this section.

V.4.1 Service DescriptionBidders must briefly describe, in their proposal, its MPLS service being proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed MPLS service in the Cost Tables in Attachment C.

V.4.2 Service AvailabilityBidders must list all geographic to which it provides the proposed MPLS service. It is desirable that bidders be capable of providing MPLS Service to all geographic areas of New York and the United States.


Bidders must describe, in their proposal, any geographic areas within United States to which it cannot provide MPLS service.

It is desirable that bidders provide MPLS to international locations. Bidders must list all international locations to which it is capable of providing the proposed MPLS service.

V.4.3 Access TypesBidders must list the types of services provided for access to the proposed MPLS service. Bidders must provide all recurring and nonrecurring costs associated with these proposed access types must be included in the Cost Tables in Attachment C.

V.4.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed MPLS service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed MPLS service. No individual purchases of CPE may be made under this contract.

V.4.5 Category of ServiceBidders must state the categories of service supported by the proposed MPLS service.

V.4.6 Network UptimeBidders must state its percentage of network uptime the MPLS service proposed.

V.4.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed MPLS service. These management reports must be available to the Agency upon request.

V.4.8 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed MPLS service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the MPLS network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its MPLS network.

Bidders must describe, in their proposal, all management reports available with the proposed MPLS service. These management reports must be available to the Authorized User upon request.




V.4.10 Network SecurityBidders must describe, in their proposal, the measures it will take to ensure the confidentiality of the Authorized Users traffic. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

V.5 MOBILE WIRELESS SERVICESAuthorized Users utilize Mobile Wireless services for various applications. It is the desire of OGS to obtain Mobile Wireless service and devices that allow for Mobile Wireless voice/data communications such as but not limited to Cellular, Paging, PCS, Satellite, etc.

Bidders must propose not only Mobile Wireless services but also the devices that can be used to access these services for all types of Mobile Wireless communications.

V.5.1 Service DescriptionBidders must describe, in their proposal, the types of Mobile Wireless services being proposed. This description must include, but not be limited to, types of services available, types of devices available, FCC licenses acquired, how service is provided (own network or resale of network), etc.

Bidders must provide all recurring and non-recurring costs associated with the proposed Mobile Wireless service in the Cost Tables in Attachment C.

V.5.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed Mobile Wireless service. It is desirable that bidders be capable of providing Mobile Wireless Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide Mobile Wireless service.


V.5.3 Required FeaturesBidders must describe, as appropriate to the service bid, the following features with its Mobile Wireless service offering Not all of the features below will apply to various services that may be included in a bidders proposal:

Call Conferencing (3-Way Calling) Call Forwarding Call Waiting with Tone Call Waiting with Caller ID Directory Assistance Incoming Caller Identification (Caller ID) Text/Numeric Messaging Voice Mail


Bidders must list and describe, in their proposal, all network features available with its Mobile Wireless service offering. Acceptance of these features for placement on this contract is at the sole option of OGS. When selling services under the contract, it is the responsibility of contractors to sell only services already approved.

V.5.4 Mobile Wireless DevicesBidders must list and describe, in their proposal, the types of Mobile Wireless devices available to work in conjunction with the proposed Mobile Wireless service offering including the manufacturer and model number of the proposed devices and available accessories.

Bidders must provide all recurring and non-recurring costs associated with the proposed Mobile Wireless devices in the Cost Tables in Attachment C.

V.5.5 Mobile Wireless Device Features

V.5.5.1 Required FeaturesBidders must provide, as appropriate for the services bid the following features with its Mobile Wireless devices offering:

Digital Display with Light Clock Volume Control Ring Type Selection Key Guard or Lock Silence Option

V.5.5.2 Optional FeaturesIt is desirable that bidders provide as appropriate for the services bid the following features with its Mobile Wireless devices offering but not limited to:

Language Selection (State Languages Available) Tone Selection (Off/On) Emergency Key Function Ring/Vibrate Option Automatic Answer Camera

V.5.6 Use of Existing Wireless DevicesMany Authorized Users are currently utilizing Mobile Wireless devices and may wish to retain these devices when selecting bidders Mobile Wireless service offering. Bidders are to provide a list of Mobile Wireless devices (manufacture and model number) that are compatible with its Mobile Wireless service offering. This information will be published in the Contract Award Notification (CAN) for Authorized Users.




V.5.8 Trade-in AllowanceIt is required that bidders provide a comparable no cost trade-in plan for Mobile Wireless devices (including pagers) at a maximum of 24 month interval after activation on the service providers system.

It is required that bidders provide a trade-in allowance for existing Agency Mobile Wireless devices that are not compatible with bidders Mobile Wireless service offering. Bidders must provide a list of Mobile Wireless devices by manufacturer and model number with trade-in allowance indicated. Bidders are encouraged to provide optional alternatives in addition to the no-cost trade-in plan for the states review and possible acceptance.

V.5.9 Required CoverageBidders must describe how the Mobile Wireless service proposed meets the following coverage requirements:

Statewide or Regional coverage in New York State Regional coverage in all major population centers within the northeastern United State including

but not limited to the New England area Nationwide coverage in all major population centers of the continental United States Bidders must state how it will meet the coverage area requirements listed above Bidders must provide a summary of its network coverage and describe, in their proposal, general

projected growth of its coverage area for the next 12 months Bidders must provide, as an appendix to its response, area maps showing bidders coverage area

for its Mobile Wireless services being proposed to meet the statewide, regional, and nationwide coverage requirements of this section

Bidders must describe, in their proposal, potential coverage area limitations as they apply to the statewide, regional and nationwide coverage requirements of this section

V.5.10 Uniform Service DeliveryBidders must describe, in their proposal, if it provides a single Mobile Wireless network to assure consistent communication and message delivery. Bidders must include in this description how it will provide consistent communication and message delivery statewide, regionally and nationwide as well as any roaming and travel agreements with other service providers to achieve the required coverage.

V.5.11 Coverage GuaranteeBidders must describe, in their proposal, how it will maintain comprehensive, dependable, uniform coverage for its Mobile Wireless service. This description must include contingency plans for system failure, transmission site failure, satellite failure (if applicable) and power failure as well as how bidders insures survivability and service continuity in the event of natural disasters and/or acts of God.

Bidders must describe, in their proposal, how it monitors and evaluates its Mobile Wireless service’s technological quality and performance, how it minimizes gaps in coverage, and its methods of limiting access and insuring authentication.

V.5.12 Management ReportsIt is desired that bidders describe, in their proposal, all management reports available to the Authorized User with the proposed Mobile Wireless service. These management reports must be available to the Agency upon request.


V.5.13 Network Management (Based on Availability) Bidders should describe, in their proposal, all network management services available with the proposed Mobile Wireless service. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Additionally bidders should:

describe, in their proposal, how real-time monitoring of the Mobile Wireless network is conducted (i.e., alarm notification, performance statistics, etc.)

describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Mobile Wireless offering.

describe, in their proposal, all management reports available with the proposed Mobile Wireless service. These management reports must be available to the Agency upon request.

V.5.14 Network SecurityBidders must describe, in their proposal, how it insures the security of its Mobile Wireless network. The description must include the safeguards employed to limit access to unauthorized users and eliminate or limit the risk of fraud as well as what measures are taken to decrease the risk of sabotage and increase the level of technological security.

Bidders must describe, in their proposal, what safeguards are inherent in the proposed Mobile Wireless technology. This description must also include how bidders’ addresses air interface security to prevent unauthorized eavesdropping as well as fraud prevention.


V.5.15 Billing of Mobile Wireless ServiceBidders must provide a monthly invoice for its Mobile Wireless service which includes, at a minimum, the following:

Basic monthly charge (if applicable) Equipment/Hardware charge (if applicable) Call Detail (Outgoing) Call Indication (Incoming) Detail of Regulatory Charges (if applicable)

Bidders must include a sample of its invoice for its Mobile Wireless service with its response to this RFP.

V.5.16 Telephone Number SelectionMany Authorized Users may wish to obtain Mobile Wireless telephone numbers whose area code (NPA) coincides with their office telephone number area code (NPA).

It is desirable that bidders provide the ability for the Authorized Users to select the area code (NPA) with which their Mobile Wireless telephone number is associated. Bidders must include a list of New York State area codes (NPAs) where its Mobile Wireless is available.


V.5.17 Mobile Wireless Data ServicesBidders must describe, in their proposal, all data communications services available with the proposed Mobile Wireless network.

Bidders must provide all recurring and non-recurring costs associated with the proposed Mobile Wireless data services in the Cost Tables in Attachment C.

V.5.18 Mobile Wireless Number PortabilityBidders must describe, in their proposal, all plans for implementing telephone number portability allowing Agencies to retain its Mobile Wireless telephone numbers whether moving to or from a bidders Mobile Wireless service.

V.5.19 Future Mobile Wireless Services

Bidders must inform OGS of all future voice, data and messaging services as they become commercially available.

Bidders must provide all recurring and non-recurring costs associated with the proposed future Mobile Wireless services in the Cost Tables in Attachment C.

V.6 AUDIO CONFERENCING SERVICESBidders must propose non-premised based audio conferencing services that meet the minimum requirements outlined in this section. Authorized Users may wish to take advantage of certain audio conferencing services available from bidders.

V.6.1 Service DescriptionBidder must agree to provide audio conferencing service on request to any Authorized User within New York State.

Bidder must provide each of the following types of conference calls: Dial-In Conference - participants dial a ten digit number over their long distance carrier. Dial-In 800 Conference - 800 call is part of the conference charge. Dial Out Conference – Contractor’s conference coordinator dials out to each participant.

Bidder must describe, in their proposal, the services and associated costs available on an agent-assisted call (e.g. roll call, list of participant names, taping, etc.). Provide the cost in Appendix C.

Bidder must provide both conventional and toll free (universal number 1+800, 866, 877, 888) access to the audio conferencing bridge. Authorized User must have the capability of completing a call from either touch-tone, rotary or reader (magnetic stripe) telephone.

Bidder’s audio conferencing service must allow Authorized Users to have international calling capabilities based on customer defined parameters.

V.6.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed audio conferencing service. It is desirable that bidders be capable of providing audio conferencing Service to all geographic areas of New York and the United States.


Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide audio conferencing service.


Bidders must in their proposal: Describe how an Authorized User makes a reservation for a conference call; Describe and identify the maximum and minimum number of people who can participate in a

conference call as well as the maximum number of simultaneous but separate conference calls that the bidders service can accommodate;

Describe how an Authorized User can include participants on a conference call who are not pre-subscribed to your company;

Describe whether it is possible to combine different features on a single call (e.g. can some participants be called while others use a Toll Free number to call in?) ;

Describe any language translation services available. Identify any associated charges. Provide cost in Appendix C.

V.6.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Audio Conferencing service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Audio Conferencing service. No individual purchases of CPE may be made under this contract.



V.6.5 Hours of Operation

Conference Calling must be available 24 hours per day, 7 days per week.

Bidders must describe, in their proposal: Identify the minimum lead-time required to set up a conference call. Describe the process to add new participants to a conference call already in progress.

V.6.6 Session Reservation ProceduresBidders must describe, in their proposal, how a reservation for its audio conferencing service is performed including any requirements for advanced reservations.

V.6.7 Session Support ServicesBidders must in their proposal:

Describe the support services it offers during a audio conferencing session; Describe assistance available for technical problems during a conference call;


Describe the minimum training an Authorized User will receive; Describe the security their company’s conference call services provide; Explain the various ways a conference call may be monitored; Specify whether an Authorized User can determine which departments are using the service so as

to assign costs internally. Indicate whether the billing reflects the departmental charges i.e. centralized, individual, departmental, etc;

List all optional management reports available to the Authorized Users and indicate charges, if applicable in Appendix C;

Describe any penalties for call changes or cancellations prior to a scheduled conference call; Identify any additional features available with their proposal that may offer additional

features/enhancements to the Authorized Users.

V.6.8 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Audio Conferencing service. These management reports must be available to the Agency upon request.

V.7 VIDEO CONFERENCING SERVICESBidders must propose non-premised based video conferencing services that meet the minimum requirements outlined in this section. Authorized Users may wish to take advantage of certain video conferencing services available from bidders.

V.7.1 Service DescriptionBidders must describe, in their proposal, the video conferencing services proposed. This description must include the network being used and any value-added services available with the proposed service(s).

Bidders must provide all recurring and non-recurring costs associated with the proposed video conferencing service in the Cost Tables in Attachment C.

V.7.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed video conferencing service. It is desirable that bidders be capable of providing video conferencing Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide video conferencing service.

Bidders must state the availability of its video conferencing service to international locations. Bidders must provide a list of international locations from which the proposed video conferencing service is available.


V.7.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Video Conferencing service. Bidders must provide all costs associated with the required CPE


in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Video Conferencing service. No individual purchases of CPE may be made under this contract.

V.7.4 Transmission SpeedsBidders must list all transmission speeds offered with its video conferencing service.

V.7.5 Multi-Point ConferencingBidders must provide multi-point conferencing (bridging) video conferencing services in its offering. Bidders must provide a description of its multi-point conferencing capability including whether analog or digital bridging is provided, maximum number of sites that can be bridged, and type of codecs used in its bridging offering.

V.7.6 Bridging to Other Provider’s ServiceBidders must describe, in their proposal, how it will provide multi-point bridging services to users who may be utilize another provider’s network.

V.7.7 Codec/Speed ConversionBidders must describe, in their proposal, its services for codec/speed conversion and under what circumstances this conversion would be necessary. Bidders must list the codecs it currently supports for speed conversion.



V.7.9 Hours of OperationBidders must state the hours of operation for its video conferencing services.

V.7.10 Session Reservation ProceduresBidders must describe, in their proposal, how a reservation for its video conferencing service is performed including any requirements for advanced reservations.

V.7.11 Session Support ServicesBidders must describe, in their proposal, the support services it offers during a video conferencing session.

V.7.12 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Video Conferencing service. These management reports must be available to the Agency upon request.


V.8 INTERACTIVE VOICE RESPONSE SERVICES (IVR)Bidders must propose non-premised based Interactive Voice Response (IVR) services that meet the minimum requirements outlined in this section. Authorized Users may wish to take advantage of certain IVR services available from bidders.

V.8.1 Service DescriptionBidders must describe, in their proposal, the IVR services proposed. This description must include the network being used and any value-added services available with the proposed service(s).

Bidders must provide all recurring and non-recurring costs associated with the proposed IVR service in the Cost Tables in Attachment C.

V.8.2 Service AvailabilityBidders must list all geographic areas where it provides the proposed IVR service. It is desirable that bidders be capable of providing IVR Service to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States where it cannot provide IVR service.


V.8.3 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed IVR service. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed IVR service. No individual purchases of CPE may be made under this contract.

V.8.4 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed IVR service. These management reports must be available to the Agency upon request.



V.9 STUDENT RESALE SERVICESThe Bidder shall include in the proposal the provision of three (3) levels of telephone billing and collections services which are to be used primarily (but not necessarily exclusively) by dormitory resident students at various State University of New York (SUNY) state owned and state related higher educational institutions. Each of these institutions will have the option as to whether or not they wish to participate in this offering. Arrangements for such services will be made directly with each individual school or institution.


V.9.1 Service DescriptionOutlined below are the requirements for each of the three levels of telephone services and student calling card services to be provided. Proposals must be presented for all of the Services. The descriptions provide only basic requirements. Innovative methods for obtaining quality student outbound calling are being sought. In all instances, commissions are to be paid on a monthly basis. In several parts of the state, institutions are confronted with significant costs associated with message unit charges for local calls originating from on-campus dormitory residents. Since these costs must be passed to the student through a Student Resale rate, these calls are captured on in-house systems. Incorporating these costs into a general fee or in a room rate is not an alternative. OGS is seeking innovative technical or policy proposals to address this issue. Bidders are required to submit a complete and comprehensive recommendation and solution for student long distance services. OGS will evaluate each Bidder’s solution regarding student long distance including the solution, description, features and all other aspects presented to determine “best value” in comparison to the other recommendations offered. This will be a judgement evaluation as determined at the sole discretion of OGS.

In all options where the Contractor records calls, the Contractor or the Contractor’s carrier agrees to accept and bill for Directory Assistance calls.

Where the use of the authorization codes or PIN numbers is required, the Bidder shall describe how these numbers are generated, how they are distributed and the security measures that will be taken to prevent their fraudulent use. All PIN numbers must be at least seven and no more than ten digits in length.

Service Type 1 - Partial In-house Program: Outbound local and long distance usage is billed to the institution at the rates given in the Bidder’s proposal and the institution is the customer of record. The institution requires that the Call Detail Records (CDR), collected by the institution’s equipment, (or as provided by the local operating company in the case of a Centrex system) be used by the Contractor or a third party to process monthly invoices. All calls are to be invoiced based upon Personal Identification Numbers (PINs) at least seven digits in length, which will be assigned by the institution and which will be included on the CDR data for every chargeable call. The Student Resale rate schedule shall be determined by the institution. Collections are performed by the institution. A report will be provided each month with the delivery of the invoices, which reconciles the number of recorded calls with the number of calls invoiced per student invoiced.

Service Type 2 - Total In-house Program: Outbound local and long distance usage is billed to the institution at the rates given in the Bidder’s proposal, and the institution is the customer of record. Generally the institution markets the program, provides authorization codes, generates invoices, and performs collections. The Contractor shall provide some marketing assistance.

Service Type 3 - Provider Program: Outbound local and long distance usage is billed to the institution at the rates given in the Bidder’s proposal. The institution is the customer of record for the bulk outbound costs. The student is the customer of record for student invoiced calls. The Contractor furnishes network based Personal Identification Numbers (PINs) at least seven digits in length, customized cards, dialing instructions, marketing, call detail collection, invoicing, and collections. The Contractor shall be responsible for all uncollectable and fraud. The Student Resale rate schedule shall be mutually agreed upon by both the Contractor and the school. In the alternative, the service provider can be the customer of record for usage, both local and long distance. A help desk and/or billing inquiry 800 numbers and related staff will be provided. Monthly usage reports will be produced to document and support the commissions paid.


Student Calling Card Program: Using local outbound facilities, such as Direct Outward Dial trunks or Centrex lines, for on-campus students and local residential lines for off-campus students, students will place calls using one of the following:

A pre-paid calling card A standard calling card

The student is the only customer of record. The base for determining the student per minute rates will be the rates as proposed herein. The Contractor provides the card, dialing instructions, marketing, invoicing, collections, help desk and billing inquiry numbers and related staff. Student Resale rates will be negotiated with each individual institution. Monthly usage reports will be produced to document and support the commissions paid. Where the Calling Card Program utilizes a toll-free access number, no charges are to be billed back to the billing number of the originating station ANI. The calling card program may be used in conjunction with the three previous service types. The Contractor will assist the college or university in determining the number of additional local exchange facilities that may be needed for a calling card program. If surcharges apply, provide those rates in Appendix C. OGS prefers that the Bidder’s proposal does not include per call surcharges.

Many of the SUNY schools currently issue proprietary photo identification cards to faculty, staff and students. This card, known as the SUNY Card, is used for the provision of many on-campus services including building access, library identification and financial transactions. In addition to the above services, the card is currently being used by students on several campuses as a telephone calling card. If this additional service is available, the Bidder must provide a complete description of the methodology for providing the service and include any added cost is Appendix C. OGS prefers that the Bidder incorporates the use of these cards into the proposed Calling Card Program.

Supplemental Information: For each of the 3 broadly described programs and calling card program, provide a full description of the proposed program. Include: 1. Student services and support.2. Methods to handle billing dispute resolutions.3 Marketing plans to attract students.

Describe how bulk fall term sign ups will be handled including the delay between sign up and activation. Describe what methods are used to address the continuous competitive offers students receive.

Clearly define the responsibilities of the Prime Contractor, the carrier, and the institution relative to installation, trouble reporting, billing and collections efforts.Where an on-campus presence is to be provided, describe the required facilities including floor space and any special requirements.

Describe the help desk and/or billing inquiry facility that will be available to students including, but not limited to, hours of availability, and the average time in queue before talking to a live representative.

Describe the procedures used to limit fraud and abuse including any special security measures regarding the Card option.

Describe and provide sample copies of the monthly usage and commission reports.Include copies of any agreements unique to the programs.

For proposals that incorporate a third party or a service bureau, provide the name, history, and financial background of that entity, and why that company was selected.


Describe what actions may be requested of an institution:For uncollectibles,During fraud and abuse investigations.

The pricing method used by the different providers of student resale services very widely. Therefore, the pricing information proposed must include complete pricing detail that will enable any one of the three Service types to be configured with any number of users, with or without calling cards. Pricing information not included will be considered as NO CHARGE.

INCLUDE ALL: 1) one time charges 2) Monthly Recurring Charges 3) additional features and options.

Pricing information must include pricing detail and clearly indicate how these charges are applied at every level of service (number of users) and service type (type 1, 2, or 3) that will enable the pricing of any configurations. Include any descriptions on how the pricing is configured.

V.9.2 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed IVR service. These management reports must be available to the Agency upon request.



V.10 BROADCAST COMMUNICATIONS SERVICE

In order to be recommended for a contract award for Broadcast Communications Services, bidders must respond to this section of the RFP document.

Broadcast Communications Services will be utilized for any and all of the following: image, data, voice and video services. This includes, but is not limited to, various television services, such as cable-based, satellite, IPTV or internet. The service may be based upon IP or other methodologies. Bidders must propose services that meet the requirements outlined in this section.

V.10.1 Service DescriptionBidders must describe, in their proposal, the Broadcast Communications Services being proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed Broadcast Communications Services in the Cost Tables in Attachment C.

V.10.2 Service AvailabilityBidders must list all geographic areas covered by the Broadcast Communications Services being proposed. It is desirable that bidders be capable of providing Broadcast Communications Services to all geographic areas of New York and the United States.


Bidders must describe, in their proposal, any geographic areas within United States excluded from their proposal and where they cannot provide Broadcast Communications Services.

It is desirable that bidders provide Broadcast Communications Services to international locations. Bidders must list all international locations that they are capable of providing with their proposed Broadcast Communications Services.

V.10.3 Access TypesBidders must list the types of services provided for access to the proposed Broadcast Communications Services. Bidders must provide all recurring and nonrecurring costs associated with these proposed access types must be included in the Cost Tables in Attachment C.

V.10.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Broadcast Communications Services. Bidders must provide all costs associated with the required CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Broadcast Communications Services. No individual purchases of CPE may be made under this contract.

V.10.5 Category of ServiceBidders must state the categories of service supported by the proposed Broadcast Communications Services.

V.10.6 Network UptimeBidders must state its percentage of network uptime the Broadcast Communications Services proposed.

V.10.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Broadcast Communications Services. These management reports must be available to the Agency upon request.

V.10.8 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Broadcast Communications Services. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Broadcast Communications Services network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Broadcast Communications Services network.

Bidders must describe, in their proposal, all management reports available with the proposed Broadcast Communications Services. These management reports must be available to the Authorized User upon request.





V.11 EMERGENCY NOTIFICATION SERVICES

In order to be recommended for a contract award for Emergency Notification Services, bidders must respond to the requirements of this section of the RFP document.

Bidders must propose Emergency Notification Services that meet the minimum requirements outlined in this section. Emergency Notification Services may be voice or data, but do not include in-house notification systems such as nurse call or intercom paging systems.

V.11.1 Service DescriptionBidders must briefly describe, in their proposal, its Emergency Notification Services, being proposed. Bidders must provide all recurring and non-recurring costs associated with the proposed Emergency Notification Services, in the Cost Tables in Attachment C.

V.11.2 Service AvailabilityBidders must list all capabilities or limitations to the service being proposed. This includes any geographic limitations in the proposed Emergency Notification Services. It is desirable that bidders be capable of providing Emergency Notification Services to all geographic areas of New York and the United States.

Bidders must describe, in their proposal, any geographic areas within United States to which it cannot provide Emergency Notification Services.

It is desirable that bidders provide Emergency Notification Services to international locations. Bidders must list all international locations to which it is capable of providing the proposed Emergency Notification Services.

V.11.3 Access TypesBidders must list the types of services provided for access to the proposed Emergency Notification Services. Bidders must provide all recurring and nonrecurring costs associated with these proposed access types must be included in the Cost Tables in Attachment C.

V.11.4 Customer Premise Equipment RequirementsBidders must describe, in their proposal, all Customer Premise Equipment (CPE) requirements for the proposed Emergency Notification Services. Bidders must provide all costs associated with the required


CPE in the Cost Tables in Attachment C. Note: CPE must ONLY be provided, obtained or purchased as required for the provisioning and operation of the proposed Emergency Notification Services. No individual purchases of CPE may be made under this contract.

V.11.5 Category of ServiceBidders must state the categories of service supported by the proposed Emergency Notification Services.

V.11.6 Network UptimeBidders must state its percentage of network uptime the Emergency Notification Services proposed.

V.11.7 Management ReportsBidders must describe, in their proposal, all management reports available to the Authorized User with the proposed Emergency Notification Services. These management reports must be available to the Agency upon request.

V.11.8 Network ManagementBidders must describe, in their proposal, all network management services available with the proposed Emergency Notification Services. Bidders must provide all associated costs for these management services in the Cost Tables in Attachment C.

Bidders must describe, in their proposal, how real-time monitoring of the Emergency Notification Services network is conducted (i.e., alarm notification, performance statistics, etc.)

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its Emergency Notification Services network.

Bidders must describe, in their proposal, all management reports available with the proposed Emergency Notification Services. These management reports must be available to the Authorized User upon request.




Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPVI ADMINISTRATIVE

VI.1 PROCUREMENT INSTRUCTIONS

VI.2 OFFICE FOR TECHNOLOGY NOTIFICATION

VI.2.1 CIO/OFT PLAN TO PURCHASE POLICYNew York State agencies are reminded that they must submit a Notification of Plan to Procure Technology Form (PTP) to the Office For Technology (OFT) for approval prior to purchasing Telecommunications services or equipment. For additional information about the CIO/OFT’s PTP process, please visit their website at: http://www.oft.state.ny.us/Policy/NYS-P08-001.pdf

All New York State agencies must notify the Chief Information Officer/Office for Technology (CIO/OFT) of any purchases of technology that meet the stated thresholds (equal to or greater than $50,000) and technology-related materials, services or otherwise, as stated in Technology Policy NYS–P08-001.

OFT Approval Required OFT Approval Not RequiredLOT 1 - Voice Services LOT 1 - Voice Services

All service involving OFT Centralized Telecommunications Systems

Long Distance Service

Local Exchange Service Toll-Free Service Centrex Service Calling Card Service VoIP Service Directory Assistance

Pay Telephone Service

LOT 2 - Connectivity Services LOT 2 - Connectivity Services All Service involving connectivity to the

NYeNet Switched 56kbps Service

Private Line Data Service ISDN Service Frame Relay Service xDSL Service ATM Service Broadband Cable Service SONET Service Fixed Wireless Service ** Ethernet Service

LOT 3 - Managed Services LOT 3 - Managed Services Internet Access Service Internet Hosting Service Audio Teleconferencing Video Conferencing Service MPLS Interactive Voice Response

Co-Location Student Re-Sale Mobile Wireless ** Broadcast Communication Services Emergency Notification Systems

Reference the Office for Technology Policy 96-2A for further clarification and guidance. http://www.oft.state.ny.us/policy/tp_96a.htm

http://www.oft.state.ny.us/policy/tp_96a.htm

http://www.oft.state.ny.us/Policy/NYS-P08-001.pdf

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUP**Additionally contract users must adhere to NYS Technology Policy P03-003, Required Notification of Actions Involving Wireless Communications Infrastructure.

VI.3 DEFINITION OF REQUIREMENTS

A. Authorized Users shall review the list of locations to determine what region is applicable for the required service or technology.

B. Authorized Users shall review the list of rates and services from the Contract Award Notification available in the applicable region. If there are multiple awards and unless otherwise specified, the Authorized Users shall utilize the services of the Bidder offering the best value, documenting in the procurement record the determination of the criteria used for the selection.

C. Authorized Users shall contact the appropriate contractor to set up an initial meeting if required to outline the specific technology or service required.

D. The Authorized User and contractor shall develop the exact cost or estimated cost if an exact cost cannot be determined at that time.

E. The Authorized User shall issue a purchase order or other written order for work depending on the type of contract. Note: for services, purchase orders may be issued for an estimate for the entire year.

F. Authorized Users will issue purchase orders or other written orders which are effective and binding on the contractor when received in the mail addressed to the contractor at the address shown on the signature page.

VI.4 PROVISIONING OF SERVICESUpon the Authorized User request for service, the Contractor must develop a complete implementation plan for the Authorized User. This plan may include implementation personnel, installation timeframes, escalation procedures and acceptance plan as appropriate for the services requested. Bidders must agree to furnish all labor, supervision, equipment, materials, and supplies necessary to properly and competently install all services procured from this contract.

VI.4.1 Installation TimeframesBidders must list and agree to the typical installation timeframes (from receipt of order to installation/activation) for each of the Telecommunication Services proposed in response to this RFP. The Contractor must adhere to the listed installation timeframes unless otherwise agreed upon by the Authorized User. Once an installation date is agreed upon by the Contractor and the Agency, the Contractor is required to use all necessary reasonable efforts to meet these installation dates. Authorized Users rely on these network services in order to provide service to the general public and therefore insists on levying penalties for non-performance. Bidders must address this issue of nonperformance penalties in its response by responding to Service Level Agreements Section of this RFP.

VI.4.2 Required Project ManagerThe Contractor must provide at the request of the Authorized User a Project Manager regardless of the number or size of the services being implemented. The Project Manager must serve as the Single Point of Contact (SPOC) for the Authorized User during the implementation period. The Contractor is required to provide the name and contact telephone numbers (voice, fax, pager, etc.) of the Project Manager at the first implementation meeting with the Authorized User.


VI.4.3 Required Implementation PackageThe Contractor must provide to the Authorized User, at the first implementation meeting, an “Implementation Package” which contains, at a minimum, the following items:

Name of the Project Manager, Contact Numbers and Internet E-Mail Address; Names of the Project Team Members, Contact Numbers and Internet E-Mail Address; A list of implementation milestones based on the Authorized User’s desired installation date; A list of responsibilities of the Authorized User during system implementation; Authorization Forms to designate Authorized Personnel with the Authorized User; Escalation procedures including management personnel contact numbers.

Bidders must provide a sample implementation package that it will provide to the Authorized Users.

VI.4.4 Escalation Procedures During ImplementationBidders must agree to provide escalation procedures to address inadequate service during and following implementation of new service. These escalation procedures must include multiple levels of management personnel. Access to additional management personnel must be made available to the Authorized User upon request. In addition, these procedures must include:

a list of personnel at each level of escalation (titles/positions in place of specific individual names is acceptable);

contact telephone, fax, pager, cellular numbers for the personnel listed above; methods by which escalation is initiated and conducted; criteria for escalation at each level.

VI.4.5 Service Disruption During InstallationBidders must clearly describe, in detail its standard plan to minimize the disruption when converting the Authorized User from its existing technology to any new service. The plan described in bidders response must include, at a minimum but not limited to, conversion from the following existing situations to the proposed Telecommunication Services:

Change of VoIP Carrier with Number Portability Change of Inter-Exchange Carrier Change of Toll Free Provider with Number Portability Change of International Provider Change of Point-to-Point DS-1,DS-0 Provider Change of Frame Relay Provider Change of DSL Provider Change of ATM Provider Change of SONET Provider Change of Broadband provider Change of Mobile Wireless Carrier

VI.4.6 Pre-Installation Site VisitsThe Contractor at the request of the Authorized User conduct pre-implementation visits to the Authorized Users premises to ensure that the Contractor is completely familiar with the installation conditions of the Authorized Users facility. This site visit must include, at a minimum, an inspection of the condition of the telecommunications services, and the condition of cable facilities used to provide the Telecommunication Services to the Authorized Users location.


VI.4.7 Installation Personnel RequirementThe Contractor must ensure that all installation personnel assigned to install services to the Authorized User appear at the Authorized Users site fully equipped to perform the installation duties required. “Fully Equipped” is described as possessing all tools, cable, connectors, ladders, test equipment, termination equipment, etc. needed to complete the required installation without requiring the Authorized User to supply such items.

The Contractor must ensure that all installation personnel assigned to install services to the Authorized User appear at the Authorized User' site dressed in a professional manner and possessing some type of company photo identification.

All Contractor personnel, upon entering the premises of an Authorized User, must inform the designated Authorized Users contact of his/her arrival. The Contractor must also inform the designated Authorized Users contact when leaving the Authorized Users premises.

All Contractor personnel must comply with the individual facilities security requirements of the Authorized User for that location in which they are performing services under this contract including the signing required log in/out forms.

Should installation personnel be rejected by the Authorized User, the Contractor must provide replacement personnel immediately in order to meet assigned installation dates.

The Contractor must provide installation personnel who will agree to security procedures including background checks for those Authorized Users that require such (i.e., Department of Correction) and appropriate apparel for that facility.

VI.4.8 Clean-up of Agency SiteThe Contractor must clean up and remove any and all debris and packaging material resulting from its work on Authorized Users premises on a daily basis. Upon completion of installation, the Contractor must leave the Authorized Users premises clean, orderly and ready for immediate use.

VI.4.9 Restoration of Damaged PropertyBidders must restore to original condition any damage to Authorized Users property caused by maintenance or installation personnel including, but not limited to, desks, floors, walls, ceilings, etc.

VI.4.10 Final Acceptance of InstallationNew York State defines system acceptance as the ”problem free” operation of the installed network service for a consecutive 30 day period commencing with the first day of business after service installation. Should the service fail to operate “problem free” during the 30 day acceptance period, the Contractor will correct the problem at no cost to the Authorized User and the 30 day acceptance period will begin again. “Problem free” operation applies to the components of the network service provided by the contractor including any necessary termination and interface hardware/systems but does not include problems caused by the failure of any Authorized User provided premise/campus cable plant, failure of any Authorized Users provided interface or switching systems or erroneous software/system programming by the Authorized User.

Bidders must provide performance criteria for network service acceptance.

Bidders are required to provide in the response a Service Acceptance Testing which simulates normal operating conditions of the installed service to ensure proper network performance after hardware and


software configuration is complete.

Bidders must provide a testing and acceptance plan with its response for all services proposed to the Authorized User. This acceptance criterion must include, but not necessarily be limited to, the following:

Performance levels as provided by the contractor have been tested and met and/or exceeded; All contingency and recovery systems and procedures have been demonstrated; Service operability has been tested by the contractor and approved by the Authorized User; End-to-End testing when requested by the Authorized User.

The contractor must commence acceptance testing at a time when the service is fully loaded and operational; at that point, the Authorized User reserves the right to test for 30 calendar days.

Final acceptance by the Authorized User of any network service will require the completion of a full billing cycle and an initial acceptance review of that first invoice. No payments will be made to the contractor until final acceptance by the Authorized User.

Should the system operate “problem free” during the 30 day acceptance period, the Authorized User will formally accept the system by sending a “Letter of Acceptance” to the Contractor. All service billing and any system warranty can then commence upon receipt of the formal “Acceptance Letter”.

VI.5 BILLING REQUIREMENTSThe correct and timely billing of services used by the Authorized Users is of utmost importance to NYS. New York State Agencies and Authorized Users do not have the human resources to continually verify and correct erroneous bills from Contractors. New York State Agencies and Authorized Users will not tolerate consistent and continual erroneous or untimely billing of services. Such behavior on the part of the Contractor may result in suspension or terminations of the Contractor from the existing contract for non-performance.

VI.5.1 Required Billing CycleThe Contractor must adhere to a consistent monthly billing cycle for the Telecommunication Services provided.

VI.5.2 Monthly Bill DateIt is desired that the Authorized Users be able to choose the day within the month upon which their 30-day billing cycle will commence.

VI.5.3 Basic Service Charge BillingThe Contractor must provide a bill for the basic service charge for any contracted Telecommunication Services on a monthly basis. This basic service charge is for those items that are fixed from one billing cycle to another.

The Contractor must identify, separately on its bill, those charges “mandated” to end users, by regulatory bodies, etc. and not necessarily needed for the provisioning and providing of the Telecommunication Services. The Contractor must not bill Authorized Users for local, state or federal taxes provided appropriate exemption documentation is provided to the contractor.


VI.5.4 Billing and Rounding of ChargesBidders must propose rates within four (4) decimal places ($00.0000). Service increments must first be totaled per Authorized User Invoice per type of service provided then multiplied by the rate, then rounding to the nearest penny (two (2) decimal places ($00.00). NYS prefers that charges be rounded in the aggregate verses per unit of service. Bidders unable to comply with this preferred billing method must provide incentives to compensate for other billing methods offered with their proposal. Final determination to accept any incentive offered will be at the sole discretion of OGS. Any incentive offers will not be used for evaluation purposes.

VI.5.5 Basic Service Charge BreakdownThe Contractor must provide, upon the Authorized Users request, a simple report listing all items and associated costs included in the basic service charge. This report must include the quantity of each item, a description of each item and the cost for each item in a simple report format understandable to the “lay person”. The use of “codes” in place of product description will not be acceptable in this breakdown report although the Contractor may list associated billing codes for its own use.

VI.5.6 Required RecordsThe Contractors Account Team must maintain detailed records of all services, usage and billing detail, in original format, provided to the Authorized User for a minimum of one (1) year or dating back to the initial date of this contract whichever is longest. These records must include, at a minimum, the following:

The total number and type of services initially installed at the Authorized User; A list of account numbers and Authorized user identification associated with the services initially

installed at the Authorized Users location if applicable; A list of all additional services installed at the Authorized Users location including the date of

the new service order, the projected date of service installation and the actual date of service installation;

A list of all repair notices since initial service installation including the date and time of the service trouble report, the nature of the problem reported, and date/time of problem resolution. Should the Authorized User have the proposed services/products installed in multiple locations, the Contractor must provide the above listed information for each individual location.

The Contractor must provide this information – from complete detail to a simple report format understandable to the “lay person” - to the Authorized Users within ten (10) business days of such request.

It is highly desirable that this information be available on-line to the Authorized User.

VI.5.7 Inappropriate Information in BillsIt is highly desirable the Contractor not include inappropriate or unrelated flyers, brochures, notices, etc. in any invoice for the contracted Telecommunication Services. Inappropriate inserts, including notices for services not available on this contract, bill change notices for services for which the Authorized User has not contracted or for areas outside of New York. For example, a bill insert notifying the Authorized User that a new monthly charge for users in Virginia will begin next month. It is desirable that only inserts specifically designed to inform the Authorized User about the contracted Telecommunication Services, new enhancements to those services, new services approved for the contract or billing information specific to the contracted services may be included in the Contractors bill.


VI.5.8 Changes in Monthly CostsThe Contractor is not allowed to invoice the Authorized User for any new or additional charges (recurring or non-recurring) to those costs proposed in the Cost Tables in Attachment C. These include any new charges mandated by regulatory bodies, new surcharges instituted by the contractor after regulatory approval, etc. New York State, Office of General Services will only allow new charges that are mandated by law directly to the end user.

VI.5.9 Taxes / Surcharges / Fees For all Taxes, Surcharges and Fee charges that are billed to end users, bidders must provide:

A listing of the type of charges, e.g. Federal Universal Service Fees, Subscriber Line Charges, MTA Surcharge, excise taxes, E-911 and other flow through surcharges, and so forth

A copy of the specific statutory authority(ies) that directs carriers to charge end users for any pass through charges or fees

The formula used to recover the individual charges from end users A copy of a sample invoice showing how charges will be reflected to end users

Contractor must agree to pass through and not to markup any existing, new or additional taxes and/or surcharges mandated to be paid directly by the Authorized User as directed by the FCC or NYS PSC during the life of this contract. All tariffed items are to be a pass through. Contractor must agree not to bill any new fees which occur during the contract period that are not mandated by the FCC or PSC to be paid by the Authorized User (End User). If new fees are mandated by the FCC or NYS PSC, a contract update request must be submitted to OGS an approved by the Office of the State Comptroller in order for the Contractor to begin billing Authorized Users to recover the new mandates.

Bidders must agree to notify and submit verifiable documentation to OGS and any requesting Authorized User of any fluctuations in the fees and/or surcharges prior to the application to the Authorized Users Invoice

If the Bidder submits a contract update request to recover fees and/or surcharges that are not mandated by the FCC or NYS PSC to be recovered directly from the Authorized User, or accepted as part of the initial bid proposal OGS reserves the right to reject any or all charges. Additionally, bidders are advised that only those allowable Taxes, Surcharges and Fees identified in their proposal will be reflected in any resultant contract.

Bidders must clearly indicate in their proposal and pricing sheets (Appendix C) the services they are proposing and the Surcharges that will be applied against those services.

VI.5.10 Required Billing FormatThe Contractor must provide its monthly bill to the Authorized User in “hard copy” paper format unless arrangements for electronic bills are made with and approved by the Authorized User.

The Contractor must describe, in their proposal, the format of its current “hard copy” bill and must include samples of such bills – demonstrating all possible billed services – as an attachment to its response.

The Contractor may describe, in their proposal, the format of its current “electronic copy” bill and must include samples of such bills – demonstrating all possible billed services – as an attachment to its response.


VI.5.11 Additional Monthly InvoicesThe Contractor must provide an additional “hard-copy” or “electronic copy” as requested by the Authorized User of the monthly invoice within 10 days upon request. This additional copy may be for a single month or for multiple billing months. This additional invoice copy must provide at no cost to the requesting Authorized User.

VI.5.12 Optional Billing FormatIt is desirable that the Contractor allow the Authorized Users a choice of methods for its monthly invoice for the proposed Telecommunication Services. Such additional optional methods may include: Electronic Method – CD/DVD ROM Electronic Method – Internet Access by Agency Electronic Data Interchange – EDI

The Contractor must list and fully describe, in their proposal, the optional methods available to Authorized Users for receipt of its monthly invoice for the Telecommunication Services.

VI.5.13 Individual Agency BillingThe Contractor must have the capability of billing each Authorized User for those specific Telecommunication Services contracted for by that particular Authorized User.

VI.5.14 Single Agency/Multiple Location BillingThe Contractor must provide an individual invoice for each specific Telecommunications Service installed in each location of the Authorized User with multiple locations.

VI.5.15 Single Agency/Multiple Location Optional BillingIt is required that the Contractor be capable of providing a single “Master Invoice” to any Authorized User which has contracted for services in multiple locations. This “Master Invoice” must include all required monthly information and usage broken down by each location of the Authorized User.

Bidders must include a sample of such a “Master Invoice”.

VI.5.16 Unique Account IdentifierThe Contractor must create a “Unique Account Identifier” in its billing system that recognizes NYS and its eligible Authorized Users. This “Unique Account Identifier” would allow the Contractor to associate all Authorized Users and thus eliminate and prohibit the application of inappropriate non-applicable fees and/or actions such as but not limited to:

State and Federal Taxes Late Payment Fees Third Party Marketing Sales Referral to Collection Agencies Non-Applicable Charges Termination of Service

VI.5.17 Billing of Past ChargesThe Contractor may not bill Authorized Users for any monthly service or usage that was utilized 60 days prior to the beginning of the then current billing cycle. This includes all charges, even those allowed under any resultant contract, but not previously charged. New York State shall not be responsible for the inefficiency of the Contractors billing system.


VI.5.18 Disputed ChargesIn order to avoid possible past due or termination notices, the Contractor must remove any disputed amount from the Authorized Users monthly bill until resolution of the disputed amount. Should the disputed amount actually be a valid charge, the Contractor can then re-bill the Authorized User for that amount – clearly identifying the re-billed figure. Should the disputed amount be an invalid or incorrect charge, the Contractor will not re-bill that amount to the Authorized User.

It is required that disputed charges be reflected as a separate line item rather than a credit on the monthly invoice to the Authorized User.

VI.5.19 Incorrect InvoicesThe Contractor must agree that it understands the following instructions to Authorized Users for dealing with incorrect invoices. Incorrect invoices from Contractors, whether paper documents or EDI, should be returned to and corrected by the Contractor and not adjusted by the Authorized Users staff. A correct invoice must be received by the Authorized User within 60 days of the date of dispute to be paid. There must be evidence of a permanent solution of the error condition. Non-recurrence of the error condition will be considered an acceptable solution. If the error is found to be inherent in the Contractors billing system, a correct bill is still required. If these guidelines are not met, the Contractor will assume responsibility for the charges. The above guidelines shall be followed by Authorized Users for the proposed Telecommunication Services.

VI.5.20 Payments to ContractorsIt is required that payments received by the Contractor be appropriately posted to the specific Authorized Users account for which the payment was received. The Contractor must not create a single “New York State” account to which it will post received payments. The Contractor is required to provide, at the request of the Authorized User, written reports to demonstrate a payment history of the services provided the Authorized User. The Contractor is required to provide, at the request of OGS/PSG, a complete written report of its payment history of all Authorized Users for service(s) provided in an appropriate format to validate contract billing.

VI.5.21 Penalty for Non-ComplianceThe contractor is required to provide the accounts receivable reports within 60 calendar days of the date of request by the Authorized User.

Should the Contractor fail to provide this information within 60 calendar days of said request, the Authorized Users may withhold all payments against the account in question until the account is reconciled by the Contractor. Should the contractor fail to resolve the discrepancy with the Authorized User, the Authorized User may terminate its account with the contractor resulting in the contractor assuming responsibility for the charges in question and migration to comparable services with another Contractor at the Authorized Users discretion.

VI.5.22 Billing Software Administrator TrainingThe Contractor must provide administrator training for any billing software package offered by the Contractor. This Billing Software Administrator Training is associated only with those Authorized Users that choose such a billing software option from the Contractor. This Billing Software Administrator Training must be provided to the Authorized User and OGS at no additional cost.

The Contractor must provide, to the Authorized User and OGS, the latest, field tested version of such billing software while the Contractors services are installed. Upgrades to such software, and any


associated re-training, must be provided automatically to the Authorized Users and OGS at no additional cost.

The Contractor must also provide upgraded hardware to operate such software should the hardware be originally provided by the Contractor. Upgrades to such hardware must be provided automatically to the Authorized Users and OGS at no additional cost.

VI.5.23 System Fraud ControlThe avoidance of unauthorized use of New York States Telecommunication Services is of the ultimate importance to New York State.

Bidders must provide an established plan for the prevention of unauthorized use of any Telecommunication Services proposed to meet the requirements of this RFP.

Bidders must describe, in their proposal, the methods they will employ to prevent any unauthorized charges from appearing on the monthly invoice to the Authorized User.

The Bidder must describe in detail, in their proposal, the group or department established to assist in the prevention of unauthorized usage and fraud. The Bidder must describe, in their proposal, how this group or department will interact with the Authorized User for its Telecommunication Services for the prevention of fraud. (i.e., prevention classes, line usage monitoring, etc.)

It is required that the Contractor monitor those services contracted for by the Authorized User for any unusual activity such as but not limited to: large increases over normal usage, abnormal calls to international countries, etc... The Contractor must notify the affected Authorized User immediately upon identifying this usage increase and make recommendations to end such possible unauthorized usage or fraud. Should the contractor fail to identify and resolve the unauthorized usage or fraud activity with the Authorized User, the contractor will assume all responsibility for the charges in question.

VI.6 INTERNET ACCESS TO CONTRACT & PRICING INFORMATION Access by Authorized Users to Contract terms and pricing information may be made available and posted on the Internet. The Contractor may be required to host the complete Contract pricing and Product offerings at Contractors Internet site, at Contractors sole expense, including all subsequent changes in the Contract offerings (adds, deletes, price revisions) during the Contract term, in accordance with the following requirements:

Warranty Contractor warrants and represents that Contract and related information will be accurately and completely posted, maintained and displayed in an objective and timely manner which renders it clearly distinguishable from other, non-Contract offerings at Contractors web site. Contractor shall indemnify the State and Authorized Contract users for damages resulting from errors or inaccuracies in such information, or from any failure to maintain or timely post Contract information in accordance with this paragraph.

Price Data Retention & Audit Information at web site should reflect the pricing information for the preceding twelve month period. At the end of each twelve month period, the Contractor shall either electronically archive the information at the web site in a manner which allows the State to access the information or electronically transmit the information to the State. This does not relieve the Contractor from any audit requirements imposed by Appendix A, Clause 10, nor does it shorten the retention periods for information stated therein. In addition, annual audits of the information posted at Contractors web site may be conducted by OSC, or by an independent auditor at Contractors expense.


Site Changes Contractor hereby consents to a link from the OGS web site to the Contractors web site in order to facilitate access to Contract information. The establishment of the link is provided solely for convenience in carrying out the business operations of the State, and OGS reserves the right to terminate or remove a link at any time, in its sole discretion, without advance notice, or to deny a future request for a link. OGS will provide Contractor with subsequent notice of link termination or removal. Contractor shall provide OGS with timely written notice of any change in URL or other information needed to access the site and/or maintain the link.

Use of Access Data Prohibited If Contractor stores, collects or maintains data electronically as a condition of accessing State Contract information, such data shall only be used internally by Contractor for the purpose of implementing or marketing the State Contract, and shall not be disseminated to third parties or used for other marketing purposes. This Contract constitutes a public document under the laws of the State of New York and Contractor cannot restrict access to the Contract terms and conditions including pricing, i.e., through use of restrictive technology or passwords.

Responsibility for Content Contractor is solely responsible for administration, content, intellectual property rights and all materials at Contractors web site. Contractor is solely responsible for its actions and those of its agents, employees, resellers, subcontractors or assigns, and agrees that neither Contractor nor any of the foregoing has any authority to act or speak on behalf of the State. Contractor agrees to comply with Office for Technology (http://www.oft.state.ny.us/policy/p04-002/index.htm), Accessibility of State Agency Web-based Intranet and Internet Information and Applications dated June 21, 2004, which requires that all New York State agencies’ web sites provide universal accessibility to persons with disabilities. The State of New York has adopted the W3C Web Content Accessibility Guidelines <http://www.w3.org/TR/WAI-WEBCONTENT/> as a means to provide optimal access to State agency web sites and the content therein. The Contractor agrees to apply the most current version of these guidelines in the design, creation and maintenance of its linked website. Contractor agrees that its Web content shall conform with level “A”, satisfying all priority one checkpoints. In addition, Contractor agrees that its site will have a contact mechanism so individuals who might have trouble accessing any portion of the site can report the problem. The Contractor agrees that the Web Accessibility Guidelines and the checkpoints and guidelines referenced therein will be used in the development of all new pages and will be the basis for bringing existing pages into compliance as required by the Office for Technology Policy 04-002.

On-line Price Configurator Contractor may be required to make available an on-line configurator at its Contract web site. Directions and assistance in using the configurator and web site in general must be available at entry. This configurator must enable Authorized Users to:

view the options available for the type Product requested; search and find Products under the approved Contract list; calculate complete acquisition costs

Information about payment, shipping, delivery terms and special pricing should be available. Authorized Users should have the option of printing their "shopping cart" choices; and for those users, who are positioned to use it, an option for on-line secure ordering should also be available.

VI.7 SERVICE ADDITIONS AND CHANGESThe technology needs of Authorized Users change day-to-day. Each Authorized User will need, after initial service installation, to add, delete, move or enhance any service it has installed by the Contractor. The following procedures are required for additions or changes to the network services installed.

http://www.oft.state.ny.us/policy/p04-002/index.htm


VI.7.1 Future EnhancementsBidders must make available to the State future enhancements to their offerings as such enhancements become commercially available in new or upgraded software packages and/or hardware to provide the service. If a feature which is initially offered to the State as an “optional” feature later becomes a standard feature of the Bidder’s Service offering to other business customers the feature must be offered to the State and included in the State’s monthly charges at no additional charge.

VI.7.2 Service ChangesAfter the initial services are installed, it is expected that the Authorized Users needs will increase and decrease the number and sizes of its network services as demands and responsibilities change for the Authorized User or certain duties are moved from Authorized User to Authorized User. The Contractor must allow for system changes in the future with no penalty to the Authorized User.

VI.7.3 Required Ordering MechanismThe Contractors Account Team is required to provide an ordering mechanism that Authorized Users will use for ordering additional services, changing existing services or disconnecting services. Bidders must provide at a minimum access to this ordering mechanism via:

Toll Free Telephone Number Toll Free Fax Number Internet E-Mail Account

Access for ordering additions or changes to the Contractors network services must be provided, at a minimum, Monday through Friday, 8:00 am to 5:00pm.

VI.7.4 Optional Ordering MechanismIt is desirable that bidders provide an on-line ordering mechanism for Authorized Users to perform the functions outlined in this Section. Bidders must describe in detail this on-line ordering mechanism including hardware, software and network requirements of the Authorized User.

VI.7.5 Authorized Agency PersonnelThe Account Team must only accept orders for additions or changes to the network services from authorized personnel within each specific Authorized Users organization.

The Account Team must determine authorized personnel for each Authorized Users organization during the initial network services implementation process and provide "Authorization Forms" for Authorized Users personnel signatures. These “Authorization Forms” must be updated on an annual basis by the Contractor.

VI.7.6 Contractor Ordering PersonnelThe Contractor must provide “order-taking” personnel who are fully trained in the Contractors ordering mechanism and the services offered through this contract to receive orders for service additions and changes from Authorized Users.

VI.7.7 New Service or Change OrderAfter a service order for additional services or change of service has been forwarded to the Contractor, the Contractors personnel must, within 24 hours, provide the Authorized User with a “service order number”, the installation date/time and the monthly invoice date for the network services ordered.


VI.7.8 Disconnect OrdersDisconnect orders placed by the Authorized Users must be implemented upon receipt by the Contractors Account Team. The Contractor must confirm receipt of the disconnect order in “hard copy” (fax or e-mail) to the Authorized Users contact placing the order. Upon receipt of the disconnection order, the Contractor must enact an immediate "cease billing" of the disconnected service. The Authorized Users shall not be responsible for any charges incurred after the disconnect request is placed with the Contractor.

NOTE: Bidders must describe systems that are not cumbersome and that facilitate the various orders pertaining to their services that authorized users may place for changes in these service.

VI.7.9 Dual Service RequirementIn the event of a complete Authorized Users move or the move of individual services from one location of the Authorized User to another, the Contractor must provide, when available, “dual service” allowing for the contracted network service being moved to appear at both locations of the Authorized User. This dual service will be provided to the Authorized Users at no cost for a period of 30 days.

VI.7.10 Optional Dual ServiceIt is desirable that the Contractor provide the above described “dual service” at no charge to the Authorized User until the Authorized Users move is fully complete. Such timeframe must be negotiated with the Authorized User.

VI.7.11 Temporary Suspension of ServiceIt is desirable that bidders provide network services that allow for the temporary suspension of service for those Authorized Users with seasonal operational needs. This suspension of service must not physically terminate the service installed at the Authorized User location but simple suspend the use of such service for a certain period of time. The Contractor must be capable of activating the suspended service within 24 to 48 hours notice by the Authorized User. Bidders must describe, in their proposal, how it would provide such as suspension of service. Any costs associated with this option as well as any percentage discount provided for such suspended service must be provided in the Cost Tables in Attachment C.

VI.7.12 Pre-Installation Site VisitsThe Contractor at the request of the Authorized User must conduct pre-implementation visits to the Authorized Users premises to ensure that the Contractor is completely familiar with the installation conditions of the Authorized Users facility. This required visit must include, at a minimum, an inspection of the condition of the telecommunications room, and the condition of cable facilities used to provide the Telecommunication Services to the Authorized Users location.

VI.7.13 Installation Personnel RequirementThe Contractor must ensure that all installation personnel assigned to install services to the Authorized User appear at the Authorized Users site fully equipped to perform the installation duties required. “Fully Equipped” is described as possessing all tools, cable, connectors, ladders, test equipment, termination equipment, etc. needed to complete the required installation without requiring the Authorized User to supply such items.

The Contractor must ensure that all installation personnel assigned to install services to the Authorized User appear at the Authorized Users site dressed in a professional manner and possessing some type of


company photo identification.

All Contractor personnel, upon entering the premises of a Authorized User, must inform the designated Authorized Users contact of his/her arrival. The Contractor must also inform the designated Authorized Users contact when leaving the Authorized Users premises.

All Contractor personnel must comply with the individual facilities security requirements of the Authorized User for that location in which they are performing services under this contract including the signing required log in/out forms.

All Contractors must comply with all DOL and regulatory requirements for the location in which they are performing services under this contract.

Should installation personnel be rejected by the Authorized User, the Contractor must provide replacement personnel immediately in order to meet assigned installation dates.

The Contractor must provide installation personnel who will agree to security procedures including background checks for those Authorized User that require such (i.e., Department of Correction) and appropriate apparel for that facility.

VI.7.14 Escalation Procedures during ImplementationBidders must provide escalation procedures to address inadequate service during and following implementation of new service. These escalation procedures must include multiple levels of management personnel. Access to additional management personnel must be made available to the Authorized Users upon request.

In addition, these procedures must include: a list of personnel at each level of escalation (titles/positions in place of specific individual

names is acceptable); contact telephone, fax, pager, cellular numbers for the personnel listed above; methods by which escalation is initiated and conducted; criteria for escalation at each level.

VI.8 ADMINISTRATIVE AND REPORTING REQUIREMENTS

VI.8.1 Administration RequirementsThe Contractor shall be responsible for the completion of a variety of administrative and reporting requirements, and the cost of it shall be included in the base bid price.

Upon award of a contract and prior to the start of any work, the Contractor shall be available for an initial job meeting with the Authorized User representative at the Authorized Users discretion.

This meeting may include: The Contractors submission of a schedule of work to be reviewed and approved by the

Authorized User. A review of all Authorized User facility use rules. An introduction for each respective Authorized User organization, chain of command, etc. Subsequent to the initial meeting, Authorized Users are strongly encouraged to meet with their

awarded services Contractor on a monthly basis to discuss the following:o Review job progress and quality of work.


o Identify and resolve problems, which impede planned progress.o Coordinate the efforts of all concerned to ensure compliance with all terms and

conditions of the contract.o Maintain a sound working relationship between the Contractor and the Authorized User,

and a mutual understanding of the contract.o Maintain sound working procedures.o Review the service performance.

VI.8.2 Reporting RequirementsBidders must agree to furnish a semi-annual report of ALL sales activity provided under the contract. The report is to be submitted to the Office of General Services, Procurement Services Group, Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the Contractors name, Contract Number, sales period, description of equipment/solutions provided. In the event that Resellers/Distributors are utilized the contract holder is responsible for collecting and reporting all contract sales.

Additional related sales information and/or detailed Authorized User purchases may be required and must be supplied upon request.

Failure to submit the required report(s) may be cause for cancellation of the contract, incurring migration cost to alternative solutions.

In addition to the semi annual sales reports required by the Office of General Services, the Contractor may also provide a monthly report to the Authorized User, upon request, (unless Authorized User requests reports on a less frequent basis) which shall be attached to the Invoice. This report shall detail all work completed that month for that Authorized User and shall compare scheduled work versus actual work completed.


THIS PAGE IS INTENTIONALLY LEFT BLANK


New York State Office of General ServicesProcurement Services Group

Contract Usage ReportFor the Semi Annual Period Ending____________________ Indicate the Purchasing Officer: __________________________________

Contractor Name: ______________________________ Person Submitting Report: ___________________________ Phone #________________ Address: _________________________________________ City: __________________ State: _____________ Zip: ______________

Federal ID# of Contract Holder: _________________________________Group No. _____________ Award No. _____________ Contract No. _______________ (Only one Contract # per report) (1) Date Submitted: ____________

Contractor/Reseller Name Fed ID of Contractor

or ResellerMinority or Women

Owned Business (enter M or W) (2)

Customer Name Total NY State

orNon-State (3)

(enter S or NS)

Description of Service/Product/Part#

Purchase Date

Total Semi-

Annual Sales

Instructions:Page/Sub-

Total Semi-

Annual Grand Total

(4)

(1) Indicate Contract Type (PT, PS, CMS) Only One Contract Type per Page(2) M/WB - Must be NYS Certified(3) The summary sheet is to be used to provide a listing of resellers and their total sales to be separated by State and Non-State(4) If multiple pages are required, the last page should reflect a Semi-Annual grand total


New York State Office of General ServicesProcurement Services Group

Contract Usage Report-Summary SheetFor the Semi Annual Period Ending____________________ Indicate the Purchasing Officer: __________________________________

Contractor Name: ______________________________ Person Submitting Report: ___________________________ Phone #________________ Address: _________________________________________ City: __________________ State: _____________ Zip: ______________

Federal ID# of Contract Holder: _________________________________Group No. _____________ Award No. _____________ Contract No. _______________ (Only One Contract # per report) (1) Date Submitted: ____________

Contractor/Reseller Name Minority or Women Owned Business

(enter M or W) (2)NY State

orNon-State

(enter S or NS) (3)

Semi-Annual Total Sales

Instructions: Page/Sub-Total

Semi-Annual Grand Total (4)

(1) Indicate Contract Type (PT, PS, CMS) Only One Contract Type per Page(2) M/WB - Must be NYS Certified(3) The summary sheet is to be used to provide a listing of resellers and their total sales to be separated by State and Non-State

(4) If multiple pages are required, the last page should reflect a Semi-Annual grand total


VI.8.3 Contract Update(1) TYPES OF CONTRACT UPDATES: In order to expedite processing of a change request, where

proposed changes involve more than one category below, they should be submitted to OGS as totally separate requests.

OGS Approval Required OSC Approval RequiredAuto Add

- Price Reductions- Price Adjustments

based on approved contract formula ie discount from list.

Yes Notification Only

Regular Add- Price Increases- Addition of New

Products and Services not in original scope

- Re-bundled Product or Services

Yes Yes

Special Add- other situations not

covered above

Yes Yes

For additional information see below.

a) AUTO ADDS / DELETIONS – “Auto Adds/Deletions” are Contract changes and updates made in accordance with the previously approved Contract pricing formula; e.g., a “discount from list” or pricing based on an approved GSA-based price Schedule. “Auto Adds” do not include any price increases. “Auto Adds/Deletions” include: i) adding new products/services within the established, previously approved pricing structure, ii) lowering pricing for Products/services previously incorporated under the Contract, and iii) deleting Products/services previously incorporated under the Contract. For categories (i) and (ii) Auto Adds: Contractor shall automatically update the Contract price list and may proceed with selling Products/Services without prior approval of either OGS or the Office of the State Comptroller. Contractor should note, however, that all “Auto Adds” approved by OGS are subject to a post audit by the Office of the State Comptroller. For category (iii) Auto Deletions, at the end of and subject to the period specified in Appendix B, Clause 84 (“Changes in Product or Service Offerings”), Contractor may automatically update the Contract price list by deleting the Product(s), without prior approval of either OGS or the Comptroller.

If applicable, all “auto adds” may be immediately posted electronically by the Contractor at the Contract web site.

b) REGULAR ADD - “Regular Adds” are requests for i) price increases for Products or Services which are already incorporated under the Contract, and ii) addition of new products or services to the Contract which do not fall under the previously established price structure or discounts for Product types previously approved under the Contract. Regular Adds include re-bundled Products or Services. Regular Adds must be submitted to OGS for prior approval, and must be accompanied by a justification


of reasonableness of price. Regular Adds are subject to pre-audit by the Comptroller. If approved, OGS staff will notify Contractor in writing. Contractor until after receipt of OGS approval of the “Regular Add”, may not electronically post new product offerings. When the Contract pricing is based on GSA prices, the revised prices or prices of new Products/Services must reflect current GSA prices adjusted as necessary for any additional discounts.

c) SPECIAL ADD – Contract changes and updates that do not fall within either of the above categories, will be processed as “Special Adds”. Special Adds are changes that are not specifically covered by the terms of the Contract but inclusion is found to be in the best interest of the State. Contractor must provide a justification of reasonableness of the prices offered and a statement explaining why it is in the best interest of the State to approve the new Products/Services. Special Adds are subject to pre-audit by the Office of the State Comptroller. If approved, OGS staff will notify Contractor in writing. Contractor until after receipt of OGS approval of the “Special Add” may not electronically post new offerings.

(2) CONTRACTORs SUBMISSION OF CONTRACT UPDATES: In connection with any Contract update, OGS reserves the right to:

request additional information reject Contract updates remove Products/Services from Contracts remove Products/Services from Contract updates request additional discounts for new or existing Products/Services

(3) PRICE JUSTIFICATION – FORMAT: Contractor is required to submit the Product and price information for the update in an Excel spreadsheet format in hard copy in triplicate and on a floppy disk or electronically via e-mail to the OGS Purchasing Officer. The list must be dated and the format should be consistent with the format of the price list(s) included in Appendix C of this Contract. The price list should separately include and identify (e.g., by use of separate worksheets or by using italics, bold and/or color fonts):

Price increases Products being added

The State reserves the right to require a revised NYS Net Price List at any time during the Contract period, and it will be requested if there have been numerous updates since the last complete update. Each updated price list must include the date the price list was prepared.

(4) SUPPORTING DOCUMENTATION: Each update request must include the current U.S. commercial price list relevant to the Products/Services included in the update. If the NYS Net Prices are based on a GSA Schedule, the current GSA Schedule must also be included with the update request. Requested price increases not based on an approved GSA schedule must also include a copy of the current National Consumer Price Index as described in the “Payments/Pricing” section of the Contract.

(5) COVER LETTERS: A Contract update must be accompanied by three original (3) copies of the Contract Update Form set forth at the end of this section. Contractor should briefly describe the nature and purpose of the update (e.g., update requested in order to reflect a recently approved GSA schedule, to restructure the pricing to its Licensees generally, and/or for new Products or services which fall into a new group or category that did not exist at the time of approval of the Contract by the New York State Comptroller, etc.). Each of the three copies of the Contract Update Form must contain original signatures by an individual authorized to sign on behalf of Contractor, and an original corporate acknowledgment (see below).


STATE OF NEW YORKEXECUTIVE DEPARTMENT - OFFICE OF GENERAL SERVICES

PROCUREMENT SERVICES GROUPCorning Tower – 38th Floor

Empire State PlazaAlbany, New York 12242

CONTRACT UPDATE FORMOGS CONTRACT NO.:___________________ DATE OF SUBMISSION:______________________CONTRACT PERIOD:From: ______________To: ________________

VENDOR CONTACT:NAME:______________________PHONE NO:__________________FAX NO.:____________________E-MAIL:_____________________

NOTE: Submission of this FORM does not constitute acceptance by the State of New York until approved by the appropriate New York State representative(s).

INSTRUCTIONS:

1. This form is to be used for all contract updates. The form is to be completed in triplicate and submitted to the OGS Procurement Services Group for final approval. Vendors shall complete, sign, and notarize where indicated, and attach this form to a cover letter written on standard company letterhead. Any submission that is not complete or signed in triplicate will be rejected.

2. Contractor may be required to submit the Product and price information for the update in an Excel spreadsheet format in hard copy and on a floppy disk and/or electronically via e-mail to the OGS Purchasing Officer.

3. To expedite the processing of updates that qualify as Auto Adds, do not combine Auto Adds with Regular Adds. If more than one type of update is being submitted, they should be submitted as totally separate requests.

4. The list must be dated and the format should be consistent with the format of the price list(s) included in the Pricing Appendix of the Contract.

5. The contract update must be accompanied by either the GSA Price List and revised NYS Net Price List incorporating all changes or the US Commercial Price List and revised NYS Net Price List incorporating all changes, whichever is applicable.

COMPLETE STATEMENTS 1 THROUGH 8 BELOW:

1. This request is an:_____Auto Add_____Regular Add

See contract for an explanation of these terms.

2. The intent of this submittal is to:_____Add new products_____Delete products_____Increase pricing_____Reduce pricing_____Amend VAR list

3. All terms and conditions of the contract shall apply to this request.

_____Agree_____Disagree

4. All discounts as agreed to in the contract shall apply.

_____Agree_____Disagree

5. All discounts are:_____GSA_____Most Favored Nation*

*Prices offered are the lowest offered to any similarly situated entity.

6. Attached documentation includes:_____Current approved GSA (labeled "For information

only")_____Current commercial price list (labeled "For

information only")_____Revised NYS Net Price List


7. If other than an auto-ad, describe the Nature and Purpose of the update:__________________________________________________________________________________________________________________________________________________________________________________________8. For a regular add, please explain how pricing has been restructured to customers, and/or identify and describe

new Products or services, which fall into a new group or category that did not exist at the time of approval of the Contract by the New York State Comptroller. If not applicable, state NA:

__________________________________________________________________________________________________________________________________________________________________________________________

The following CORPORATE ACKNOWLEDGEMENT statement is to be included in each of the three original forms. The request must be signed by an individual given the authority to perform this action by the corporation’s board of directors and the signature must be notarized.

_____________________________________Signature of Authorized Vendor Representative:

CORPORATE ACKNOWLEDGMENTSTATE OF

: ss.:COUNTY OF On the_____day of__________________in the year______, before me personally came: ___________________________________________________, to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _____________________________________________________________; that he/she/they is (are) _____________________________________________ (the President or other officer or director or attorney in fact duly appointed) of _______________________________________________________, the corporation described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation.

________________________________________________Notary Public

FOR STATE USE ONLYOGS APPROVAL:Approved__________Approved as amended______Disapproved______

Name:______________________________________Title:_______________________________________ Date___________

OSC APPROVAL:Approved______ Disapproved______

Name:______________________________________Title:_______________________________________ Date___________

Regular and Special Adds requests to update the contract that are not submitted in accordance with the above requirements shall be returned to the Contractor without action.


VI.8.4 Emerging TechnologiesThe State reserves the right to modify the terms of the RFP at any time to allow for Emerging Technologies not identified elsewhere under this document. If there are repeated requests for an “Emerging Technology,” and OGS feels it is warranted to add such technology to the list of Categories of Expertise, OGS reserves the right to include such technology hereunder or to issue a formal modification or amendment to the RFP or resulting contract. The technology will have to have been in the commercial marketplace for a reasonable amount of time and have met with some degree of success among a substantial base of Issuing Entities to be considered by OGS as a new category for contract services.

VI.8.5 Contractors Insurance RequirementsPrior to the commencement of the work to be performed by the Contractor hereunder, the Contractor shall file with The People of the State of New York, Office of General Services (hereinafter referred to as “OGS”), Certificates of Insurance evidencing compliance with all requirements contained in this Contract. Such Certificates shall be of form and substance acceptable to OGS.

Acceptance and/or approval by OGS does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Contract.

All insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State, and acceptable to OGS ; shall be primary and non-contributing to any insurance or self insurance maintained by OGS; shall be endorsed to provide written notice be given to OGS at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail; shall be sent to NYS Office of General Services, Procurement Services Group, Corning Tower, Empire State Plaza, Albany, New York 12242 and shall name The People of the State of New York, its officers, agents, and employees as additional insured thereunder (General Liability Additional Insured Endorsement shall be on Insurance Service Office’s (ISO) form number CG 20 26 11 85). The additional Insured requirement does not apply to Workers Compensation, Disability or Professional Liability Coverage.

The Contractor shall be solely responsible for the payment of all deductibles and self insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by OGS. Such approval shall not be unreasonably withheld.

The Contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein.

Each insurance carrier must be rated at least “A-” Class “VII” in the most recently published Best’s Insurance Report. If, during the term of the policy, a carrier’s rating falls below “A-” Class “VII”, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least “A-” Class ”VII” in the most recently published Best’s Insurance Report.

The Contractor shall cause all insurance to be in full force and effect as of the commencement date of this Contract and to remain in full force and effect throughout the term of this Contract and as further required by this Contract. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect.


Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply OGS updated replacement Certificates of Insurance, and amendatory endorsements.

The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies):

Specific Insurance Requirements (Coverage Level and Scope of Coverage)

a) Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence:

Such liability shall be written on the ISO occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from

1. premises operations, 2. independent contractors, 3. products-completed operations, 4. broad form property damage, 5. personal & advertising injury, 6. cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage.

If such insurance contains an aggregate limit, it shall apply separately on a per job or per project basis.

b) Workers Compensation, Employers Liability, and Disability Benefits as required by New York State:

If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act endorsement must be included.

For additional information regarding NYS requirements use the link listed below:

http://www.wcb.state.ny.us

c) Workers Compensation, Employers Liability, and Disability Benefits as required by New York State for all out–of–state employers with employees working in NYS:

Effective September 9, 2007, all out–of–state employers with employees working in NYS are required to carry a full, statutory NYS workers' compensation insurance policy. An employer has a full, statutory NYS workers' compensation insurance policy when New York is listed in Item "3A" on the Information Page of the employer's workers' compensation insurance policy.

Accordingly, if an out–of–state employer is getting a permit, license or contract from a government agency in NYS, then that employer must fulfill requirements effective September, 2007 under Workers' Compensation Law Section 57. Also, every out–of–state employer doing any construction related activity in New York State is required to carry a full, statutory NYS workers' compensation insurance policy.

http://www.wcb.state.ny.us/


An out-of-state employer needs a New York State disability benefits insurance policy if the employer employs one or more individuals on each of at least 30 days in a calendar year in New York State.

If an out-of-state employer meets this criterion, the employer is required to carry a New York State disability benefits policy (The employer has four weeks from the completion of the 30th day of work by one or more individuals to obtain the disability benefits policy.) (Independent contractors are not considered to be employees under the Disability Benefits Law.)

The link below can be used for additional information:

http://www.wcb.state.ny.us/content/main/DisabilityBenefits/Employer/outOfStateEmp_DB.jsp

Also, questions regarding coverage requirements may be directed to the WCB Compliance Unit at 1-866-298-7830. The links below are to the applicable forms on the NYS Worker's Compensation Board website: Workers Compensation - http://www.wcb.state.ny.us/content/onlineforms/obtainC105.jsp Disability Benefits - http://www.wcb.state.ny.us/content/onlineforms/obtainDB120-1.jsp

d) Comprehensive Business Automobile Liability Insurance with a limit of not less than $5,000,000 each accident:

Such insurance shall cover liability arising out of any automobile including 1. owned, 2. leased, 3. hired and 4. non owned automobiles.

e) Errors and omissions liability insurance with a limit of not less than $5,000,000 per loss:

For professional services (including all installation, system integration, and maintenance performed under contracts awarded as a result of this RFP) the Contractor shall maintain, or if subcontracting professional services, shall certify that Subcontractor maintain the aforementioned errors and omissions coverage.

Such insurance shall apply to professional errors, acts, or omissions arising out of the scope of services covered by this Contract and may not exclude 1. bodily injury, 2. personal injury,3. property damage, 4. pollution or asbestos related claims, 5. testing, 6. monitoring, 7. measuring, or 8. laboratory analyses.

If coverage is written on a claims-made policy, the Contractor warrants that any applicable retroactive date precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period exercised, for a period of not less than 2 years from the time work under this Contract is completed.

http://www.wcb.state.ny.us/content/main/DisabilityBenefits/Employer/outOfStateEmp_D


If Errors and Omissions Liability insurance coverage is included under a Commercial General Liability Policy, this shall be clearly indicated by a cover memo that lists this information. Additionally the information should be included in the “Description of Operations” Box on the Accord Certificate.

f) Pollution Legal Liability Insurance:

For the abatement, removal, repair, replacement, enclosure, encapsulation and/or disposal of any petroleum, petroleum product, hazardous material or substance, the Contractor shall maintain in full force and effect throughout the term hereof, pollution legal liability insurance with limits of not less than $5,000,000, providing coverage for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured. Such policy shall provide coverage for 1. actual, alleged or threatened emission, 2. discharge, dispersal, seepage, release or escape of pollutants, including any loss, cost or expense

incurred as a result of any cleanup of pollutants or in the investigation, 3. settlement or defense of any claim, suit, or proceedings against OGS arising from Contractors

work.

If coverage is written on a claims-made policy, the Contractor warrants that any applicable retroactive date precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period exercised, for a period of not less than 2 years from the time work under this Contract is completed.

If the Contract includes disposal of materials from the job site, the Contractor must furnish to OGS, evidence of pollution legal liability insurance in the amount of $5,000,000 maintained by the disposal site operator for losses arising from the disposal site accepting waste under this Contract.

If autos are to be used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage for covered autos (endorsement CA 99 48) as well as proof of MCS 90.

If Pollution Legal Liability insurance coverage is included under a Commercial General Liability Policy, this shall be clearly indicated by a cover memo that lists this information. Additionally the information should be included in the “Description of Operations” Box on the Accord Certificate.

g) Commercial Property Insurance:

Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Causes of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of OGS held in their care, custody and/or control.

h) Construction Work, Restoration, Alteration, or Installation:

During the performance of any Construction Work, Restoration, Alteration, or Installation, builder’s risk completed value form covering the perils insured under the ISO special causes of loss form, including collapse, water damage, and transit and theft of building materials or equipment, with deductible reasonably approved by the State, in non reporting form, covering the total value of work performed and equipment, supplies and materials at the location of the job as well as at any off-site storage location used with respect to the Project. The policy shall cover the cost of removing debris, including demolition as may be legally necessary by the operation of any law, ordinance or regulation. Such


policy shall name as insured, The People of the State of New York, as well as the Contractor and Subcontractors.

Waiver of Subrogation. Contractor shall cause to be included in each of its policies insuring against loss, damage or destruction by fire or other insured casualty a waiver of the insurer’s right of subrogation against OGS, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if Contractor waives or has waived before the casualty, the right of recovery against OGS or (ii) any other form of permission for the release of OGS.

VII NETWORK MANAGEMENT

VII.1 CONTRACTORS NETWORKBidders must describe, in their proposal, how it will perform control, monitoring and maintenance of its network which supports the proposed network services including, but not limited to, addressing system failure (full and component), network overload, network performance monitoring, alert management, etc.

Bidders must describe, in their proposal, how proactive monitoring, trouble ticketing and user notification is performed on its network.

VII.2 MANAGEMENT BY THE AUTHORIZED USERTrouble Reports: The Contractor, at no additional cost, must train appropriate Authorized User personnel in the correct manner in which to report service troubles, follow-up on trouble reports, order new services or on how to obtain network information regarding the installed services from bidders. This training must be conducted on-site (Unless otherwise agreed upon by the Authorized Users) at the Authorized User site and must be provided, at no additional cost and at the Authorized Users request, while the Authorized User has contracted for the Contractors services.

VII.2.1 Optional Toll Fraud Sessions It is desirable that bidders provide educational sessions to the Authorized Users, at no additional cost, on toll fraud prevention in conjunction with the proposed Telecommunication Services. Bidders must describe, in their proposal, the nature of these training sessions and whether the training is provided on-site at the Authorized Users premise or off-site at bidders location.

VIII SECURITY REQUIREMENTS

VIII.1 SYSTEM SECURITY REQUIREMENTSBidders must describe, in their proposal, the measures they will take to ensure the confidentiality of the Authorized Users traffic placed over bidder’s network. Bidders must describe, in their proposal, all standard and optional security services. Bidders must provide all costs associated with any optional security services in the Cost Tables in Attachment C.

IX SERVICE LEVEL AGREEMENT

IX.1 SERVICE LEVELS, BY CLASS of SERVICEUnless otherwise specified, all classes of Voice, Connectivity and Managed service in this RFP must be delivered at levels that meet or exceed the technical specifications for each Class of Service detailed in this RFP.


IX.1.1 Operations Service LevelsService Levels for ordering, installing, cutting-over, fault management and maintenance and facilitating end user acceptance of all services must meet the criteria in this RFP. Failure to provide these types of service activities in a timely manner may result in the assessment of Liquidated Damages.

IX.1.1.1 Mean Time To Respond/Repair (MTTR)The Contractor shall respond to Troubles and Outages (defined in footnote 2 of the following table), and repair such problems, in accordance with the standards contained in the following table. The Contractors responsibility to respond/repair exists, when there is a Trouble or Outage, without regard to whether or not the Contractor was at fault in causing such Trouble or Outage. These services shall, for the Types of Trouble listed below, and without regard to the time of day or day of week (including holidays), be performed in accordance with the Response Times and Restoral Times contained in the following table. It should be noted that the numbers in the two columns should not be added together; the time in the Restoral Time column includes any time that the Contractor takes to respond to a Trouble or Outage.

“Response Time” begins to be counted at the time that an Authorized User notifies the Contractor of a Trouble or Outage, or the Contractors network management organization determines that such a Trouble or Outage exists on its own. Response Time concludes when the appropriate staff of the Contractor commences performance of remedial services, either in person or (if a Trouble is capable of being remedied remotely) remotely. In no case is acknowledgment of receipt of notification of a Trouble by the Contractors service organizations or the simple generation of a trouble ticket to be construed or defined as a “response.”

“Restoral Time” (which is sometimes, in the industry, referred to as “Mean Time To Respond/Repair”) also begins to be counted at the time that an Authorized User notifies the Contractor of a Trouble or Outage, or the Contractors network management organization determines that such a Trouble or Outage exists on its own. As used in this RFP, the terms “restoral,” “restoration” and “repair” are synonymous. Restoral Time ends when the Trouble is cleared and the Authorized User confirms service restoration. The service levels in the following table are for each individual incident not averages or means.

The Contractor is required to make a record (known as a “trouble ticket”) for each such Trouble or Outage, containing at a minimum the time of commencement, time of response, and time of repair.


TYPE OF TROUBLE2 RESPONSE TIME

RESTORAL TIME

Non-Critical1 2 hour or less 5 hour or lessCritical1, single line/circuit 1 hour or less 3 hours or lessCentrex, 1MB/POTS, Flexpath-Like Service, Analog Trunk Lines (DID, DOD and Combination),Off-Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits

1 hour or less 4 hours or less

ATM, T-1, T-3, Frame Relay, ISDN (PRI), DSL, and OC3 to OC192+

1 hour or less 3 hours or less

Critical1, multiple lines/Circuits 1 hour or less 3 hours or lessSignificant ( over 25% of installed base) Service affecting Outage

IMMEDIATE 2 hours or lessUtilize escalation list procedures

Catastrophic ( over 50% of installed base) Service Outage2 Loss of any Critical Contracting agency, department or organization

IMMEDIATE 1 hour or lessImmediately Employ Disaster Recovery Plan; Inform all levels of Contractor technical/management on escalation list

Critical Circuit, Critical Multiple Lines/Circuits, Significant and Catastrophic Services affecting Outage. – Status Updates

Every15 Minutes

Not Applicable

1 Services indicated as being “critical” or “priority” or “public health and safety” shall, for purposes of the above table, all be deemed to be covered by the label “critical.” The State and Authorized Users reserve the right, upon at least seven days’ advance notice to the Contractor, to designate the products, circuits, services and Authorized User, departments or organizations deemed to be “critical,” or “priority,” or “public health and safety,” and the Contractor shall be bound by such designations. Other services, for purposes of the above table, shall be deemed “non-critical.”

2 The definition of “Outage” or “Trouble” or “Service-Affecting Trouble” is defined as any circuit, product or service that does not operate within contracted service level agreements. For purposes of this RFP, the terms are considered to be synonymous. See LIQUIDATED DAMAGES (below) for liquidated damages that may be assessed for failure to respond to or repair a Trouble or Outage within the contractual timeframe(s).


IX.1.1.2 Chronic Service OutagesA Chronic Service Outage or a Chronic Trouble is a Trouble or Outage for a particular product/service or associated group of products/services that has been reported by the State or Authorized User, or that the Contractors network management organization determines a Trouble exists on its own; three times within a 90-day period. For purposes of this definition, in the case of an associated group of products/services, a Trouble or Outage for a single one of them constitutes a Trouble/Outage for the group. The Contractor shall be responsible for placing each such matter on a Chronic Troubles List and carefully monitoring each service and product meeting the definition of Chronic Service Outage, and making all reasonable efforts to perform on-going testing to determine and remedy the cause of the Chronic Trouble. Contractor will perform after-hours end-to-end testing of the circuit or service affected by the Chronic Service Outage, after obtaining a release for the service from the State or Authorized User. Chronic Troubles will be cleared from the Chronic Troubles List only when a period of 180 days has passed during which no Trouble is reported. Credits may be applied against the circuit or service determined to be a Chronic Trouble for every month in which a Service-Affecting Outage is reported. (See LIQUIDATED DAMAGES section)

IX.1.1.3 Priority/Critical/Public Health and Safety ServicesIn addition to the table above, when an Authorized User reports a Trouble on a priority, critical, or public health and safety circuit or service, the Contractor shall give restoration of that service top priority. The Contractor is responsible for providing resources and staffing that are fully adequate to give these problems top priority without adversely impacting the levels of service required for the other, non-critical products and services. The State and Authorized Users require that response by the Contractors service organizations to a priority trouble would be immediate and that the Contractor’s escalation list will be notified at the highest levels as soon as possible. If restoration cannot be accomplished within three (3) hours, the Contractor is required to consider installation of alternate routing circuits to restore services as soon as possible, and at the Authorized Users direction, shall install such alternate routing circuits as rapidly as possible. LIQUIDATED DAMAGES would be assessed for failure to respond to/repair/restore Critical/Priority/Public Health and Safety Services in the contractual timeframes.

IX.2 SERVICE MAINTENANCE REQUIREMENTSUpon successful installation of network services to the Authorized User, the Contractor is required to provide the highest level of network service maintenance and network service “uptime” to the Authorized User. The following sub-sections address the minimum requirements for post installation network service maintenance by the Contractor.

IX.2.1 Service Level Agreements (Voice Services)OGS and the Authorized Users require Service Level Agreements (SLA) on all voice services proposed in response to Section III of this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice services.

IX.2.2 Service Level Agreements (Connectivity Services)OGS and the Authorized Users require Service Level Agreements (SLA) on all Connectivity Services proposed in response to Section IV of this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed Connectivity Services.


IX.2.3 Service Level Agreements (Managed Services)OGS and the Authorized Users require Service Level Agreements (SLA) on all managed services proposed in response to Section V of this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice services.

IX.2.3.1 Service Level Agreements (Internet Services - IP)Network Availability Guarantee - 100%The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events.

If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA.

Latency Guarantee (65 Milliseconds)Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events.

If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA.

Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA.

Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events.

IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS

Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc.


IX.3.1 Trained Technical StaffBidders must state and warrant, in its response that all maintenance staff who service its network services have been fully trained and are qualified to perform such maintenance, testing, etc. on these network services.

IX.3.2 Maintaining of Contracted ServicesBidders must agree to provide the necessary labor, parts, materials and transportation to maintain all proposed network services provided under this contract in good working order at no cost to the Authorized User.

IX.3.3 Access to Maintenance/Trouble ReportingThe Contractor must provide a toll free telephone number to the Authorized User for the reporting of network service maintenance issues. This maintenance/trouble reporting telephone number must be staffed to receive trouble reports twenty-four (24) hours-a-day, seven (7) days-a-week, three hundred and sixty five (365) days a year.

IX.3.4 Single Point of ContactThe Contractor must serve as the Single Point of Contact (SPOC) for the Authorized User for all maintenance issues regarding the installed network services. The Contractor must also serve as the SPOC for any additional network services that may be added to this Statewide Contract.

IX.3.5 Response to Maintenance Calls"Response" to a maintenance call requires that the Contractor begin remote testing of the network service or have a qualified technician, suitably equipped for the installed network service on site at the reporting Authorized Users location. After receipt of the network service trouble report, the Contractor must notify the reporting Authorized User (by the required response times outlined in this section of the RFP document) that it has completed remote testing and/or when a qualified service technician will be on site to facilitate repair of the affected service.

IX.3.6 Categories of Maintenance ServicesNew York State utilizes various network services for a myriad of purposes. Some of these network services are critical to the Authorized Users operation and public safety. Bidders must agree to comply with the following categories for maintenance of its proposed network services.

1. Critical Maintenance2. Emergency Maintenance3. Routine Maintenance

The Contractor is required to consult with the Authorized User to determine which network services are to be designated for each of the maintenance categories listed above. The Contractor must initiate this consultation upon service order by the Authorized User and ensure that all contracted network services are placed in one of these maintenance categories. Once this determination is made, the Contractor must provide this agreed upon classification, in writing, to the Authorized User.

IX.3.7 Critical Maintenance RequirementsThe Contractor must provide critical maintenance for those network services designated by the Authorized User as critical to the Authorized Users operation and/or public safety. Examples of such services include, but are not limited to, high capacity and network core services such as, but not limited to:


DS-3 (T3) circuits 10/100/1000 Ethernet MPLS SONET ATM

Bidders are required to consult with the Authorized User to determine specific criteria for “Critical Maintenance”. Once this determination is made, bidders must provide these criteria, in writing, to the Authorized User. Additionally, the Contractor must provide the following for network services listed in the “critical maintenance” category:

It is required that bidders Customer Service Representative or Technical Specialist remain in constant communication with the reporting Authorized Users Representative while service testing is performed by bidders on the affected network service.

Bidders must complete all testing of the affected circuits or network service within 30 minutes of the initial service call by the reporting Authorized User.

Bidders must provide reports or records, upon the Authorized Users request, of all required network service testing to confirm compliance with the 30 minute testing requirement listed above.

Should the affected network service not be repaired via remote access, the Contractor must have a qualified technician, suitably equipped for the installed service, on site at the Authorized Users location within two (2) continuous hours from the time of initial trouble report.

The Authorized User understands the tentative nature of ensuring that a repair to any network service is completed in a set period of time. Thus, bidders are required to meet all response times listed above. In regards to repair of the service to normal operating status, bidders is required to use commercially reasonable efforts to repair the service within four (4) continuous hours of the initial trouble call from the reporting entity.

In the event bidders experiences extraordinary obstacles to its repair of the affected network service within the required four (4) continuous hour time-to-repair, bidders must notify the reporting entity and provide a detailed plan of repair, including how bidders will provision alternative service during the service disruption.

IX.3.8 Emergency Maintenance RequirementsBidders must provide emergency maintenance for those network services designated by the Authorized User as important to the function of the Authorized User in providing service to the general public.

Examples of such services include, but are not limited to, the following: Any problem affecting the main telephone number and its hunt group; Any problem affecting the operation of Direct-Inward-Dialing (DID) service to the Authorized

User; Any problem resulting in the non-operation of the Mobile Wireless service of the Authorized

User; Any problem affecting the Authorized Users sole access to the Authorized Users Wide Area

Network (WAN); Any problem affecting a network connection from an Authorized Users central site to the

Authorized Users remote sites;


Any problem affecting an Authorized Users point-to-point network connection(s); Any problem affecting the Authorized Users ability to place outgoing toll services (intra-LATA,

inter-LATA or international); Any problem affecting the toll free service of the Authorized User; Any problem affecting the pay-per-call service of the Authorized User; Any problem affecting the use of a calling card by the Authorized User; Any condition affecting the use of a contracted service that significantly impacts the Authorized

Users ability to function and serve the general public.

Bidders are required to consult with the Authorized User to determine Authorized Users specific criteria for “Emergency Maintenance”.

Once this determination is made, bidders must provide these criteria, in writing, to the Authorized User. Additionally, the Contractor must provide the following for network services listed in the “emergency maintenance” category:

Bidders must commence testing of the affected network service within 30 minutes of receipt of the trouble report from the Authorized User.

Bidders must complete all testing of the affected circuits or network service within 60 minutes of the initial service call by the reporting Authorized User.

Bidders must provide reports or records, upon the Authorized Users request, of all required network service testing to confirm compliance with the 60 minute testing requirement listed above.

Bidders must contact the reporting Authorized User within 60 minutes of the initial trouble report by the Authorized User with the results of its remote testing.

Should the affected network service not be repaired via remote access, the Contractor must have a qualified technician, suitably equipped for the installed service, on site at the Authorized Users location within four (4) continuous hours from the time of initial trouble report.

The State of New York understands the tentative nature of ensuring that a repair to any network service is completed in a set period of time. Thus, bidders are required to meet all response times listed above. In regards to repair of the service to normal operating status, bidders is required to use commercially reasonable efforts to repair the service within eight (8) continuous hours of the initial trouble call from the reporting Authorized User. In the event bidders experiences extraordinary obstacles to its repair of the affected network service within the required eight (8) continuous hour time-to-repair, bidders must notify the reporting Authorized User and provide a detailed plan of repair, including how bidders will provision alternative service during the service disruption.

IX.4 ROUTINE MAINTENANCE REQUIRMENTSBidders must provide routine maintenance for those network services designated by the Authorized User as important to the function of the Authorized User in providing service to the general public but not critical to this function.

Examples of such services include, but are not limited to, the following: Any problem affecting a non-critical voice circuit Any problem affecting a non-critical data circuit Any problem affecting a non-critical video circuit; Any problem affecting the toll service of a pay telephone; Any condition that does not significantly impact the Authorized Users ability to function and serve

the general public.

Bidders are required to consult with the Authorized User to determine Authorized Users specific criteria for “Routine Maintenance”.


Once this determination is made, bidders must provide these criteria, in writing, to the Authorized User. Additionally, the Contractor must provide the following for network services listed in the “routine maintenance” category:

Bidders must commence testing of the affected network service within two (2) hours of receipt of the trouble report from the Authorized User.

Bidders must complete all testing of the affected circuits or network service within four (4) hours of the initial service call by the reporting Authorized User.

Bidders must provide reports or records, upon Authorized Users request, of all required network service testing to confirm compliance with the four (4) hour testing requirement listed above.

Bidders must contact the reporting Authorized User within four (4) hours of the initial trouble report by the Authorized User with the results of its remote testing.

Should the affected network service not be repaired via remote access, the Contractor must have a qualified technician, suitably equipped for the installed service, on site at the Authorized Users location within eight (8) business hours from the time of initial trouble report. (For the purposes of this RFP, business hours are considered to be between 8:00 am and 6:00 pm, Monday through Friday.)

The Authorized User understands the tentative nature of ensuring that a repair to any network service is completed in a set period of time. Thus, bidders is required to meet all response times listed above. In regards to repair of the service to normal operating status, bidders is required to use commercially reasonable efforts to repair the service within 16 business hours of the initial trouble call from the reporting Authorized User. In the event bidders experiences extraordinary obstacles to its repair of the affected network service within the required 16 business hour time-to-repair, bidders must notify the reporting Authorized User and provide a detailed plan of repair, including how bidders will provision alternative service during the service disruption.

IX.5 MAINTENANCE / SERVICE HOURSHours of operation vary between Authorized Users. The Contractor must determine the actual hours for maintenance service required by the Authorized User. This may include a request by the Authorized User to provide service (24) hours-a-day, seven (7) days-a-week, 365 days a year.

IX.6 RESTITUTION

IX.6.1 Credits for “Down Time”The Contractor must credit the reporting Authorized User for any service "downtime" experienced during the monthly billing cycle. “Credit must be issued when “downtime” exceeds the Mean Time To Respond/Repair (MTTR) as defined in Section IX.1.1.1” In addition, credit must be issued when a particular network service experiences “downtime” on more than one occasion during the monthly billing cycle. Bidders must state the percentage or rate of compensation to be applied for circuit downtime based on the services contracted.

IX.6.2 Liquidated DamagesThe liquidated damage provisions are intended to be a monetary remedy for the failures in performance listed below. Nothing contained herein is intended to limit the States right to terminate the contract either for cause or any other reason allowed by Appendix B Clause 60. The total amount of liquidated damages that may be assessed under the following provisions shall not exceed, for each month, an amount equal to one hundred percent (100%) of the amounts that would otherwise be payable to the Contractor for that month.


Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under Contract.

IX.6.3 Failure to Install Circuit or Commence Service on Due DateFailure to install and/or deliver the services within required time frames may result in the assessment of liquidated damages, as follows:

For the Contractors failure to install a circuit or commence service by the required due date, a credit of Fifty Dollars ($50) per day may be assessed for the first fifteen (15) days, and One Hundred Dollars ($100) per day for each additional day, up to forty-five (45) calendar days.

If the installation delay is more than forty-five (45) calendar days, then, by written notice to the Contractor, the Authorized User may terminate the Authorized Users order for the Contractor to install the circuit(s) and or service(s) and the Authorized User may have the circuit(s) installed and or service(s) provided by a substitute vendor. In this event, the Contractor would also be liable for all reasonable costs incurred by the Authorized User in obtaining such substitute services which are in excess of the contracted charges.

IX.6.4 Service Credits for Failure to Respond/Repair Troubles Failure to Respond/Repair Troubles in the timeframes specified above, after the Contractor has been notified of the Trouble by the Authorized User (or determining a Trouble on its own through its network management facilities) may result in liquidated damages, assessed as follows:

Failure to Respond/Repair any Non-Critical trouble within five (5) hours - A credit of fifty ($50.00) dollars per hour shall be assessed for each additional hour or part thereof over the five-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair Critical Single-Line/Circuit within Three (3) hours - A credit of one hundred ($100.00) dollars per hour shall be assessed for each additional hour or part thereof over the three-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair Centrex, 1MB/POTS, Flexpath-Like Service, Analog Trunk Lines (DID, DOD and Combination), Off-Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits Within four (4) hours - A credit of fifty ($50.00) dollars per hour shall be assessed for each additional hour or part thereof over the four-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair ATM, T1, T3, Frame Relay, ISDN (PRI), DSL and OC-3 to OC-192 Circuits Within three (3) hours – A credit of one-thirtieth (1/30) of the circuit monthly cost shall be assessed for every hour or part thereof over the three-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice. This shall not exceed the total monthly cost of the circuit.

Failure to Respond/Repair Critical Multiple Line/Circuit Within Three (3) Hours - A credit of One Hundred ($100.00) dollars per hour shall be assessed for each additional hour or part thereof over the three-hour response/repair period that the trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair Emergency Service Outages within 45 minutes – For not responding immediately to Declared Emergency Service Outages determined by the Authorized User to be the responsibility of the Contractor, a credit of one full months recurring charge for the applicable circuits or services shall be assessed against the Contractor. Failure to repair within 45 minutes shall


result in the credit assessment of one months recurring monthly charges for the entire service category (i.e., ATM, T1, OC-3 etc.).

Failure to Respond to Significant Service-Affecting Outage Immediately or Repair Significant Service-Affecting Outage Within two (2) Hours – For not responding immediately to a Significant Service-Affecting Outage determined by the Authorized User to be the responsibility of the Contractor, a credit of one full months recurring charge for the applicable circuits or services shall be assessed against the Contractor. Failure to repair within two (2) hours shall result in the credit assessment of one month’s recurring monthly charges for the entire service category (i.e., ATM, T1, OC-3 etc.).

Failure to Respond to Catastrophic Service-Affecting Outage Immediately or Repair Catastrophic Service-Affecting Outage Within one (1) Hour – For not responding immediately to a Catastrophic Service-Affecting Outage determined by the Authorized User to be the responsibility of the Contractor, a credit of one full months recurring charge for the applicable circuits or services shall be assessed for each hour or part thereof that the Contractor fails to respond. Failure to repair within one (1) hour shall result in the credit assessment of one month’s recurring monthly charges for the entire service category (i.e., ATM, T1, OC-3 etc.).

Failure to Provide Timely Quarter-Hour Status Updates for Critical Circuit, Critical Multiple Line/Circuit/s, Declared Emergency Service-Affecting Outage or Significant or Catastrophic Service-Affecting Outage – For not providing timely quarter-hour status reporting a credit of one tenth (1/10) months recurring charge for the circuits or services not reported on in a timely manner shall be assessed for each quarter-hour update that the Contractor fails to provide in a timely manner. Failure to timely report for longer than one (1) hour shall result in the credit assessment of one month’s recurring monthly charges for the circuit or service not reported on.

IX.6.5 Chronic Service Outages / Unsatisfactory Performance A credit of one months recurring charge may be applied for a circuit or service meeting the definition of Chronic Service Outage in section above.

In any subsequent month in which a circuit or service has an Outage after qualifying as a Chronic Service Outage, a credit of one months total recurring charge for the circuit or service may be assessed for that month, in addition to any other liquidated damages that may be assessable for failure to repair.

When a Chronic Service Outage exists for a circuit or service, the Authorized User may direct the Contractor, at no cost to the State or Authorized User to replace the circuit or service with a new one; and the Contractor shall install the new circuit or service in the most expeditious timeframe for installation of a new circuit/service contained in the contract. In the event that an Authorized contract user determines that the service provided is unsatisfactory and the contractor is deemed to be in breech of contact and the Authorized user must replace the services with comparable service from another contactor the contractor in breach will be responsible for:

providing continued services during the transition period at no additional cost to the Authorized User

all transition expenses or additional costs assessed damages

IX.6.6 Critical / Priority / Public Health and Safety ServicesFailure by the Contractor to respond within the required time to any three (3) Outages in any consecutive three-month period in individual locations or Authorized User that the State has specified to the Contractor as being critical to “the public health and safety,” will, in lieu of the liquidated damages set forth above, may result in the assessment of one months credit for the entire service category for such individual location or Authorized User (i.e., ATM, T1, OC-3 etc.). Failure to respond within the


required time to any subsequent Outage within six months following the third Outage in a consecutive three-month period may, in lieu of the liquidated damages set forth above, result in an additional assessment of one months credit for the entire service category for such location or agency.

IX.6.7 Billing Discrepancies Failure to resolve and correct any conditions resulting in billing discrepancies within 60 calendar days after the Contractor received written notification from the Authorized User may result in liquidated damages, assessed as follows:

Failure to correct the discrepancies within 60 calendar days after notification - A credit of 150% of any amounts identified as erroneous or non-authorized will be assessed for each occurrence and any payments for the next monthly invoice may be reduced by the identified amount(s).



IX.7 SERVICE LEVEL AGREEMENT MATRIX

Bidders must complete the following SLA Matrix as applicable to category bid.

SERVICE LEVELS, BY CLASS of SERVICEUnless otherwise specified, all classes of Voice, Connectivity and Managed service in this RFP must be delivered at levels that meet or exceed the technical specifications for each Class of Service detailed in this RFP.

Operations Service LevelsService Levels for ordering, installing, cutting-over, fault management and maintenance and facilitating end user acceptance of all services must meet the criteria in this RFP. Failure to provide these types of service activities in a timely manner may result in the assessment of Liquidated Damages.

Mean Time To Respond/Repair (MTTR)The Contractor shall respond to Troubles and Outages (defined in footnote 2 of the following table), and repair such problems, in accordance with the standards contained in the following table. The Contractors responsibility to respond/repair exists, when there is a Trouble or Outage, without regard to whether or not the Contractor was at fault in causing such Trouble or Outage. These services shall, for the Types of Trouble listed below, and without regard to the time of day or day of week (including holidays), be performed in accordance with the Response Times and Restoral Times contained in the following table. It should be noted that the numbers in the two columns should not be added together; the time in the Restoral Time column includes any time that the Contractor takes to respond to a Trouble or Outage.

“Response Time” begins to be counted at the time that an Authorized User notifies the Contractor of a Trouble or Outage, or the Contractors network management organization determines that such a Trouble or Outage exists on its own. Response Time concludes when the appropriate staff of the Contractor commences performance of remedial services, either in person or (if a Trouble is capable of being remedied remotely) remotely. In no case is acknowledgment of receipt of notification of a Trouble by the Contractors service organizations or the simple generation of a trouble ticket to be construed or defined as a “response.”

“Restoral Time” (which is sometimes, in the industry, referred to as “Mean Time To Respond/Repair”) also begins to be counted at the time that an Authorized User notifies the Contractor of a Trouble or Outage, or the Contractors network management organization determines that such a Trouble or Outage exists on its own. As used in this RFP, the terms “restoral,” “restoration” and “repair” are synonymous. Restoral Time ends when the Trouble is cleared and the Authorized User confirms service restoration. The service levels in the following table are for each individual incident not averages or means.


The Contractor is required to make a record (known as a “trouble ticket”) for each such Trouble or Outage, containing at a minimum the time of commencement, time of response, and time of repair.

TYPE OF TROUBLE2 RESPONSE TIME SPECIFIC Location

Bid or SLA(Page/

Section)or

Service Not Bid

Meet Requirement

Exceed Requirement

Does Not Meet

Requirement

Non-Critical1 2 hour or less

Critical1, single line/circuit 1 hour or less

Centrex, 1MB/POTS, Flexpath-Like Service, Analog Trunk Lines (DID, DOD and Combination),Off-Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits

1 hour or less


1 hour or less

Critical1, multiple lines/Circuits 1 hour or less

Significant ( over 25% of installed base) Service affecting Outage

IMMEDIATE


IMMEDIATE


Every15 Minutes

(Complete chart, provide additional explanations if required)


TYPE OF TROUBLE2 RESTORAL TIME SPECIFIC Location

Bid or SLA(Page/

Section)or

Service Not Bid

Meet Requirement

Exceed Requirement

Does Not Meet

Requirement

Non-Critical1 5 hour or less

Critical1, single line/circuit 3 hour or less

Centrex, 1MB/POTS, Flexpath-Like Service, Analog Trunk Lines (DID, DOD and Combination),Off-Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits

4 hour or less


3 hour or less

Critical1, multiple lines/Circuits 3 hour or less

Significant ( over 25% of installed base) Service affecting Outage

2 hours or lessUtilize escalationList procedures


1 hour or lessImmediately

Employ DisasterRecovery Plan;

Inform all levels ofContractortechnical/

managementon escalation

list


NotApplicable


(Complete chart, provide additional explanations if required)

1 Services indicated as being “critical” or “priority” or “public health and safety” shall, for purposes of the above table, all be deemed to be covered by the label “critical.” The State and Authorized Users reserve the right, upon at least seven days’ advance notice to the Contractor, to designate the products, circuits, services and Authorized User, departments or organizations deemed to be “critical,” or “priority,” or “public health and safety,” and the Contractor shall be bound by such designations. Other services, for purposes of the above table, shall be deemed “non-critical.”

2 The definition of “Outage” or “Trouble” or “Service-Affecting Trouble” is defined as any circuit, product or service that does not operate within contracted service level agreements. For purposes of this RFP, the terms are considered to be synonymous. See LIQUIDATED DAMAGES (below) for liquidated damages that may be assessed for failure to respond to or repair a Trouble or Outage within the contractual timeframe(s).

SERVICE MAINTENANCE REQUIREMENTSUpon successful installation of network services to the Authorized User, the Contractor is required to provide the highest level of network service maintenance and network service “uptime” to the Authorized User. The following sub-sections address the minimum requirements for post installation network service maintenance by the Contractor.

Service Level Agreements (Voice Services)OGS and the Authorized Users require Service Level Agreements (SLA) on all voice services proposed in response to Section III of this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice services.

SLA Voice Services SPECIFIC LocationBid or SLA

(Page/Section)or

Service Not Bid

Standard SLA’s

Optional SLA

(Complete, provide additional explanations if required)Service Level Agreements (Connectivity Services)

OGS and the Authorized Users require Service Level Agreements (SLA) on all Connectivity Services proposed in response to Section IV of this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed Connectivity Services.

SLA Connectivity Services

SPECIFIC LocationBid or SLA

(Page/Section)or


Service Not Bid

Standard SLA’s

Optional SLA

(Complete, provide additional explanations if required)Service Level Agreements (Managed Services)

OGS and the Authorized Users require Service Level Agreements (SLA) on all managed services proposed in response to Section V of this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice services.

Managed Services SLA SPECIFIC Location

Bid or SLA(Page/Section)

orService Not Bid

Meet Requirement

Exceed Requirement

Does Not Meet Requirement

Service Level Agreements (Internet Services - IP)Network Availability Guarantee - 100%The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events.If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. Latency Guarantee (65 Milliseconds)Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network


over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events.If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA. Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events.

(Complete, provide additional explanations if required)

SLA Managed Services SPECIFIC LocationBid or SLA

(Page/Section)or

Service Not Bid

Standard SLA’s

Optional SLA

(Complete, provide additional explanations if required)

MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTSBidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc.


SPECIFIC Location


orService Not Bid

Meet Requirement

Exceed Requirement


Critical Maintenance Requirements

It is required that bidders Customer Service Representative or Technical Specialist remain in constant communication with the reporting Authorized Users Representative while service testing is performed by bidders on the affected network service.Bidders must complete all testing of the affected circuits or network service within 30 minutes of the initial service call by the reporting Authorized User.Bidders must provide reports or records, upon the Authorized Users request, of all required network service testing to confirm compliance with the 30 minute testing requirement listed above.Should the affected network service not be repaired via remote access, the Contractor must have a qualified technician, suitably equipped for the installed service, on site at the Authorized Users location within two (2) continuous hours from the time of initial trouble report.The Authorized User understands the tentative nature of ensuring that a repair to any network service is completed in a set period of time. Thus, bidders are required to meet all response times listed above. In regards to repair of the service to normal operating status, bidders is required to use commercially reasonable efforts to repair the service within four (4) continuous hours of the initial trouble call from the reporting entity.In the event bidders experiences extraordinary obstacles to its repair of the affected network service within the required four (4) continuous hour time-to-repair, bidders must notify the reporting entity and provide a detailed plan of repair, including how bidders will provision alternative service during the service disruption.


SPECIFIC Location


orService Not Bid

Meet Requirement

Exceed Requirement


Emergency Maintenance RequirementsAdditionally, the Contractor must provide the following for network services listed in the “emergency maintenance” category: Bidders must commence testing of the affected network service within 30 minutes of receipt of the trouble report from the Authorized User. Bidders must complete all testing of the affected circuits or network service within 60 minutes of the initial service call by the reporting Authorized User. Bidders must provide reports or records, upon the Authorized Users request, of all required network service testing to confirm compliance with the 60 minute testing requirement listed above. Bidders must contact the reporting Authorized User within 60 minutes of the initial trouble report by the Authorized User with the results of its remote testing. Should the affected network service not be repaired via remote access, the Contractor must have a qualified technician, suitably equipped for the installed service, on site at the Authorized Users location within four (4) continuous hours from the time of initial trouble report. The State of New York understands the tentative nature of ensuring that a repair to any network service is completed in a set period of time. Thus, bidders are required to meet all response times listed above. In regards to repair of the service to normal operating status, bidders is required to use commercially reasonable efforts to repair the service within eight (8) continuous hours of the initial trouble call from the reporting Authorized User. In the event bidders experiences extraordinary obstacles to its repair of the affected network service within the required eight (8) continuous hour time-to-repair, bidders must notify the reporting Authorized User and provide a detailed plan of repair, including how bidders will provision alternative service during the service disruption.


SPECIFIC Location


orService Not Bid

Meet Requirement

Exceed Requirement


ROUTINE MAINTENANCE REQUIRMENTSAdditionally, the Contractor must provide the following for network services listed in the “routine maintenance” category: Bidders must commence testing of the affected network service within two (2) hours of receipt of the trouble report from the Authorized User. Bidders must complete all testing of the affected circuits or network service within four (4) hours of the initial service call by the reporting Authorized User. Bidders must provide reports or records, upon Authorized Users request, of all required network service testing to confirm compliance with the four (4) hour testing requirement listed above. Bidders must contact the reporting Authorized User within four (4) hours of the initial trouble report by the Authorized User with the results of its remote testing. Should the affected network service not be repaired via remote access, the Contractor must have a qualified technician, suitably equipped for the installed service, on site at the Authorized Users location within eight (8) business hours from the time of initial trouble report. (For the purposes of this RFP, business hours are considered to be between 8:00 am and 6:00 pm, Monday through Friday.) The Authorized User understands the tentative nature of ensuring that a repair to any network service is completed in a set period of time. Thus, bidders is required to meet all response times listed above. In regards to repair of the service to normal operating status, bidders is required to use commercially reasonable efforts to repair the service within 16 business hours of the initial trouble call from the reporting Authorized User. In the event bidders experiences extraordinary obstacles to its repair of the affected network service within the required 16 business hour time-to-repair, bidders must notify the reporting Authorized User and provide a detailed plan of repair, including how bidders will provision alternative service during the service disruption.


SPECIFIC Location


orService Not Bid

Meet Requirement

Exceed Requirement


MAINTENANCE / SERVICE HOURS

Hours of operation vary between Authorized Users. The Contractor must determine the actual hours for maintenance service required by the Authorized User. This may include a request by the Authorized User to provide service (24) hours-a-day, seven (7) days-a-week, 365 days a year.

RESTITUTION SPECIFIC Location


orService Not Bid

Meet Requirement

Exceed Requirement


Credit for “Down Time”The Contractor must credit the reporting Authorized User for any service "downtime" experienced during the monthly billing cycle. “Credit must be issued when “downtime” exceeds the Mean Time To Respond/Repair (MTTR) as defined in Section IX.1.1.1” In addition, credit must be issued when a particular network service experiences “downtime” on more than one occasion during the monthly billing cycle. Bidders must state the percentage or rate of compensation to be applied for circuit downtime based on the services contracted.Failure to Install Circuit or Commence Service on Due Date

Failure to install and/or deliver the services within required time frames may result in the assessment of liquidated damages, as follows:

For the Contractors failure to install a circuit or commence service by the required due date, a credit of Fifty Dollars ($50) per day may be assessed for the first fifteen (15) days, and One Hundred Dollars


($100) per day for each additional day, up to forty-five (45) calendar days.

If the installation delay is more than forty-five (45) calendar days, then, by written notice to the Contractor, the Authorized User may terminate the Authorized Users order for the Contractor to install the circuit(s) and or service(s) and the Authorized User may have the circuit(s) installed and or service(s) provided by a substitute vendor. In this event, the Contractor would also be liable for all reasonable costs incurred by the Authorized User in obtaining such substitute services which are in excess of the contracted charges.

Service Credits for Failure to Respond/Repair TroublesFailure to Respond/Repair Troubles in the timeframes specified above, after the Contractor has been notified of the Trouble by the Authorized User (or determining a Trouble on its own through its network management facilities) may result in liquidated damages, assessed as follows: Failure to Respond/Repair any Non-Critical trouble within five (5)

hours - A credit of fifty ($50.00) dollars per hour shall be assessed for each additional hour or part thereof over the five-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair Critical Single-Line/Circuit within Three (3) hours - A credit of one hundred ($100.00) dollars per hour shall be assessed for each additional hour or part thereof over the three-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair Centrex, 1MB/POTS, Flexpath-Like Service, Analog Trunk Lines (DID, DOD and Combination), Off-Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits Within four (4) hours - A credit of fifty ($50.00) dollars per hour shall be assessed for each additional hour or part thereof over the four-hour response/repair period that the Trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair ATM, T1, T3, Frame Relay, ISDN (PRI), DSL and OC-3 to OC-192 Circuits Within three (3) hours – A credit of one-thirtieth (1/30) of the circuit monthly cost shall be assessed for every hour or part thereof over the three-hour response/repair period


that the Trouble was not repaired; and the amount deducted from the monthly invoice. This shall not exceed the total monthly cost of the circuit.

Failure to Respond/Repair Critical Multiple Line/Circuit Within Three (3) Hours - A credit of One Hundred ($100.00) dollars per hour shall be assessed for each additional hour or part thereof over the three-hour response/repair period that the trouble was not repaired; and the amount deducted from the monthly invoice.

Failure to Respond/Repair Emergency Service Outages within 45 minutes – For not responding immediately to Declared Emergency Service Outages determined by the Authorized User to be the responsibility of the Contractor, a credit of one full months recurring charge for the applicable circuits or services shall be assessed against the Contractor. Failure to repair within 45 minutes shall result in the credit assessment of one months recurring monthly charges for the entire service category (i.e., ATM, T1, OC-3 etc.).

Failure to Respond to Significant Service-Affecting Outage Immediately or Repair Significant Service-Affecting Outage Within two (2) Hours – For not responding immediately to a Significant Service-Affecting Outage determined by the Authorized User to be the responsibility of the Contractor, a credit of one full months recurring charge for the applicable circuits or services shall be assessed against the Contractor. Failure to repair within two (2) hours shall result in the credit assessment of one month’s recurring monthly charges for the entire service category (i.e., ATM, T1, OC-3 etc.).

Failure to Respond to Catastrophic Service-Affecting Outage Immediately or Repair Catastrophic Service-Affecting Outage Within one (1) Hour – For not responding immediately to a Catastrophic Service-Affecting Outage determined by the Authorized User to be the responsibility of the Contractor, a credit of one full months recurring charge for the applicable circuits or services shall be assessed for each hour or part thereof that the Contractor fails to respond. Failure to repair within one (1) hour shall result in the credit assessment of one month’s recurring monthly charges for the entire service category (i.e., ATM, T1, OC-3 etc.).

Failure to Provide Timely Quarter-Hour Status Updates for Critical Circuit, Critical Multiple Line/Circuit/s, Declared Emergency Service-Affecting Outage or Significant or Catastrophic Service-


Affecting Outage – For not providing timely quarter-hour status reporting a credit of one tenth (1/10) months recurring charge for the circuits or services not reported on in a timely manner shall be assessed for each quarter-hour update that the Contractor fails to provide in a timely manner. Failure to timely report for longer than one (1) hour shall result in the credit assessment of one month’s recurring monthly charges for the circuit or service not reported on.

Chronic Service Outages / Unsatisfactory PerformanceA credit of one months recurring charge may be applied for a circuit or service meeting the definition of Chronic Service Outage in section above.In any subsequent month in which a circuit or service has an Outage after qualifying as a Chronic Service Outage, a credit of one months total recurring charge for the circuit or service may be assessed for that month, in addition to any other liquidated damages that may be assessable for failure to repair.When a Chronic Service Outage exists for a circuit or service, the Authorized User may direct the Contractor, at no cost to the State or Authorized User to replace the circuit or service with a new one; and the Contractor shall install the new circuit or service in the most expeditious timeframe for installation of a new circuit/service contained in the contract. In the event that an Authorized contract user determines that the service provided is unsatisfactory and the contractor is deemed to be in breech of contact and the Authorized user must replace the services with comparable service from another contactor the contractor in breach will be responsible for:

providing continued services during the transition period at no additional cost to the Authorized User

all transition expenses or additional costs assessed damages

Critical / Priority / Public Health and Safety ServicesFailure by the Contractor to respond within the required time to any three (3) Outages in any consecutive three-month period in individual locations or Authorized User that the State has specified to the Contractor as being


critical to “the public health and safety,” will, in lieu of the liquidated damages set forth above, may result in the assessment of one months credit for the entire service category for such individual location or Authorized User (i.e., ATM, T1, OC-3 etc.). Failure to respond within the required time to any subsequent Outage within six months following the third Outage in a consecutive three-month period may, in lieu of the liquidated damages set forth above, result in an additional assessment of one months credit for the entire service category for such location or agency.

Billing Discrepancies Failure to resolve and correct any conditions resulting in billing discrepancies within 60 calendar days after the Contractor received written notification from the Authorized User may result in liquidated damages, assessed as follows: Failure to correct the discrepancies within 60 calendar days after

notification - A credit of 150% of any amounts identified as erroneous or non-authorized will be assessed for each occurrence and any payments for the next monthly invoice may be reduced by the identified amount(s).


INTERFACING WITH THIRD PARTY CONTRACTORSThe Contractors Account Team must work in conjunction with any customer premises equipment (CPE), voice, data or video contractor, utilized by the Authorized User, to resolve technical issues that may arise during Authorized Users use of the Contractors communication services thus eliminating the need for the Authorized User to be a mediator in problem resolution. The Contractors Account Team must speak directly with the other contractor, when requested by the Authorized User as the situation requires, ensuring the resolution of these technical issues by the timeframes detailed in the maintenance requirements of this RFP document. The Contractor is required to attend any contractor meeting arranged by the Authorized User to facilitate the resolution of a technical problem associated with the performance of the contracted communications network services. Should the contractor (or an


assigned designee) fail to attend this meeting at the agreed upon date and time without sufficient notice (24 hours) to the Authorized User, the Contractor shall be responsible to reimburse any other contractor(s) for the time expended for this missed meeting with the other contractor(s) rate for a two (2) hour labor charge for one (1) assigned staff member.

ESCALATION PROCEDURES DURING SERVICE MAINTENANCE

Bidders must provide escalation procedures to address inadequate maintenance service of the contracted network service. These escalation procedures must include multiple levels of management personnel. Access to additional management personnel must be made available to the Authorized User upon request. In addition, these procedures must include:


contact telephone, fax, pager, cellular numbers for the personnel listed above;

methods by which escalation is initiated and conducted; and

criteria for escalation at each level

MANAGED SERVICES – LOT 3INTERNET ACCESS SERVICESService Level AgreementBidders must provide an SLA for all internet and hosting services with the following as a minimum performance levels.

SPECIFIC Location


orService Not Bid

Meet Requirement

Exceed Requirement


On-Net Network % Availability — 100%

On-Net Network Availability Credits - 1 day of credit for each hour, or fraction of hour (15 minutes) that the network is unavailable and adversely affects the contracts eligible entity’s use


of services obtained from bidders. Off-Net Network % Availability — 100% readability/availability

via connection to bidders tier I(one) Internet Service Provider(s) (ISPs)

Off-Net Network Availability Credits - 1 day of credit for each hour, or fraction of hour (15 minutes), that the connectivity to this provider is unavailable/unreliable and adversely affects the contracts eligible entity’s use of services obtained from bidders.

On-Net Latency maximum - 30ms round-trip from bidders’ facility to US backbone core to core

On-Net Latency Credits - A credit of one day’s service fee for each full msec over

Off-Net Latency Maximum - Less than 60ms round-trip monthly network wide average to Tier one providers

Off-Net Latency Credits - A credit of one day’s service fee for each full msec over

On-Net Packet-Loss Maximum - Less than 1% from core to core site, measured as an average over a one-month period

On-Net Packet-Loss Credits - A credit of one day’s service fee for each full percentage over

Off-Net Packet-Loss Maximum - Less than 1% from bidder’s regional polling device to their Tier One provider; averaged over a monthly period

Off-Net Packet-Loss Credits - A credit of one day’s service fee for each full percentage over

INTERNET SERVICESHosting Services

… Bidders must include with the Web Site and Application Hosting Services a description and copies of all relevant service level agreements or any other documents in which Bidder addresses its commitments in the following areas:

SPECIFIC Location


orService

Meet Requirement

Exceed Requirement



Not Bid Server response time

Throughput capacity

Server uptime and outages

System redundancy

Security including network and host-based security

Software errors

Rights in data

User support and escalation procedures

Description of hosting facility

Electrical power continuity

Customer care issues (access to network monitoring and Internet access statistics; access to trouble ticket and change request system; username and password management or other authentication procedures).

Installationo systems and architecture consultingo project managemento supported server hardwareo server and server peripheral installationo operating system and web/application server software

installation and monitoringo Web site reporting software installation

Regular serviceso proactive network and systems monitoring and notificationo Maintenance and support management services

Problem ticketing, escalation and resolution


System administration and change management

Project management

Report metrics and Web statistics reporting


IX.8 INTERFACING WITH THIRD PARTY CONTRACTORSThe Contractors Account Team must work in conjunction with any customer premises equipment (CPE), voice, data or video contractor, utilized by the Authorized User, to resolve technical issues that may arise during Authorized Users use of the Contractors communication services thus eliminating the need for the Authorized User to be a mediator in problem resolution. The Contractors Account Team must speak directly with the other contractor, when requested by the Authorized User as the situation requires, ensuring the resolution of these technical issues by the timeframes detailed in the maintenance requirements of this RFP document. The Contractor is required to attend any contractor meeting arranged by the Authorized User to facilitate the resolution of a technical problem associated with the performance of the contracted communications network services. Should the contractor (or an assigned designee) fail to attend this meeting at the agreed upon date and time without sufficient notice (24 hours) to the Authorized User, the Contractor shall be responsible to reimburse any other contractor(s) for the time expended for this missed meeting with the other contractor(s) rate for a two (2) hour labor charge for one (1) assigned staff member.

IX.9 ESCALATION PROCEDURES DURING SERVICE MAINTENANCEBidders must provide escalation procedures to address inadequate maintenance service of the contracted network service. These escalation procedures must include multiple levels of management personnel. Access to additional management personnel must be made available to the Authorized User upon request. In addition, these procedures must include:


contact telephone, fax, pager, cellular numbers for the personnel listed above; methods by which escalation is initiated and conducted; and criteria for escalation at each level

X PROJECT REFERENCES / CLIENT INFORMATION

X.1 PROJECT REFERENCES / CLIENT INFORMATIONOGS reserves the right to seek project references. If requested references must contain, at a minimum, the following information: company name, address, telephone number, hours of operation, contact person, e-mail address and a description of equipment provided and any other pertinent information necessary to verify that a bidder possesses the knowledge and experience to meet the terms and conditions of a contract resulting from this RFP. OGS/PSG reserves the right to review and consider other known clients of bidders in addition to those provided and to disqualify based on unsatisfactory reports.

XI METHOD OF AWARD OF CONTRACTMultiple awards will be made per Category within the Lots. Awards will be made by region(s) and statewide. Additionally OGS/PSG reserves the right to make awards for Comprehensive offerings that include all Lots and Categories of service contained in the LOTS.

1st Bid responses will be scored for completeness of required bid documents.Each required item will be scored with a 1 or 0

1 = complete 0 = not completeRequired items must be determined acceptable in the bid for further evaluation to be performed.

2nd Qualifications / Technical Ability and Product Offering items will be evaluated and scored. Items will be assigned a weight from 1 to 10. The evaluator will score each item from 0 to 10. The weight multiplied by the evaluation score will identify a weighted score for the item. The individual weighted scores will be added

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPtogether to identify a total weighted point score for the entire section. The total weighted score will be multiplied by 50 (total award points for section) then divided by the total possible weighted score. The resulting value will be between 0.00 and 50.00 and indicate the rating for this section.

Those proposals that meet Qualifications / Technical Ability and Product Offerings of the RFP will then be eligible to undergo further evaluation. Those proposals that are not qualified or technically compliant may be considered non-responsive and may be disqualified at the sole discretion of the State. Reference and financial evaluations will not be conducted on proposals that are deemed non-responsive.

3rd Bidders financial stability will be evaluated. Sales history, current financial statements, or other financial information provided will be utilized to make a determination of financial stability. New York State reserves the right to reject any Bidder who does not demonstrate sufficient financial stability. The resulting value will be between 0.00 and 10.00 and indicate the rating for this section.

4th Price will be evaluated. Pricing must be reasonable and equal to or better than any other pricing or discount terms offered to other similarly situated customers.

"Reasonable prices" may be determined by reviewing discounts and net prices offered to: GSA, Veterans Administration, Prices on any previously awarded NYS contract, Contracts with other state or government entities, etc. Pricing equal to or better than any other pricing or discount terms offered to other similarly situated

non-government customers , Pricing offered by other Bidders responding to this RFP

The resulting value will be between 0.00 and 40.00 and indicate the rating for this section.

XI.1 LOT 1 - VOICE SERVICESMultiple awards will be made based upon the following:

Qualifications / Technical Ability / Product Offerings 50Price Considerations 40Project References 0Financial Stability 10

100

XI.2 LOT 2 - CONNECTIVITY SERVICESMultiple awards will be made based upon the following:

Qualifications / Technical Ability / Product Offerings 50Price Considerations 40Project References 0Financial Stability 10

100

XI.3 LOT 3 - MANAGED SERVICESMultiple awards will be made based upon the following:

Qualifications / Technical Ability / Product Offerings 50


Price Considerations 40Project References 0Financial Stability 10

100

Note: The State reserves the right to evaluate and/or reject any and all bids, in whole or in part and to waive technicalities, irregularities and omissions if in his considered judgment, the best interests of the State will be served. In the event satisfactory bids fully in accord with the bid documents are not received, the Commissioner reserves the right to consider late or non-conforming bids as stipulated in "Late Bid" clause 11 of Appendix B.

The State reserves the right to reject a bid or accept adjustments when prices are deemed to be excessive or unbalanced, or when the bid does not guarantee delivery of service in accordance with the "Delivery and Installation" section of the RFP.

XII SPECIAL TERMS AND CONDITIONS

XII.1 EXTENSION OF USEAny contract resulting from this RFP may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the Bidder. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.

XII.2 SHORT TERM EXTENSIONIn the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the Bidder with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the Bidder, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

XII.3 CONTRACT MIGRATIONExisting Customers, (NYS Agencies and others authorized by law to utilize the contracts) utilizing current NYS Centralized Contracts:

State Agencies or any other authorized users obtaining services via a current NYS centralized contract shall be able to migrate to any contract awarded to the same vendor as a result of RFP 20268, effective on the contract approval date and not dependent on the actual date of migration, with no charge or penalty. Migration by an agency or any other authorized user to any new centralized contract shall not diminish, alter or extinguish any right (that normally survives end of the contract period) that the agency or other authorized user had under the terms and conditions of their original contract. In instances where it is more advantageous for users to migrate, they may do so upon mutual agreement and negotiation with the contractor.

Any rate changes resulting from such migration will be applied retroactively, if applicable. o E.g. An Authorized User currently receives services from vender A utilizing a current NYS

Centralized Contact. Vender A is approved for award as a result of RFP 20268 for the same services awarded in the previous NYS Centralized Contract. The Authorized User (customer) is


entitled to any new pricing as of the contract approval date. Due to normal processing, pricing under the new contract may not appear on invoices immediately. Rate would be applied retroactively for the period from contract approval date to the date of invoice which reflects the new contract pricing.

XII.4 AMERICANS WITH DISABILITIES ACT (ADA)The Federal ADA Act, signed into law July 26, 1990, bars employment discrimination and requires all levels of Government to provide necessary and reasonable accommodations to qualified workers with disabilities. Bidders are required to identify and offer any software or hardware products they manufacture or adapt which may be used or adapted for use by visually, hearing, or any other physically impaired individuals.

Bidders are required to adhere to FCC Regulations for the Provision of Telecommunications Relay Services (TRS) pursuant to Title IV of the Americans with Disabilities Act (ADA), Pub. L. No. 101-336, § 401, 104 Stat.327, 366-69 (adding Section 225 to the Communications Act of 1934, as amended, 47 U.S.C. § 225.

Although it is not mandatory for bidders to have this equipment in order to receive an award, it is necessary to identify any such equipment they have which falls into the above category.

XII.5 PERFORMANCE SECURITYThe Contractor agrees that when an Authorized User procures a telecommunications service offered under the Contract, a right has been reserved in the Contract so that the Authorized User may require the Contractor to furnish, at a cost to be negotiated, a performance or payment bond or negotiable irrevocable letter of credit or other form of security for the faithful performance of the telecommunications services being acquired. Contractor understands and agrees that the cost for such bond or security will be reasonable and consistent with the market for such bonds or other security. Where required, such bond or other security shall be in the form prescribed by the Authorized User.

XII.6 REGULATORYBidders is required to construct and submit all required tariff related items to provide services it is proposing in response to this RFP. This includes all filings with the Federal Communications Commission (FCC), the New York State Public Service Commission and any other regulatory body holding jurisdiction over such services and/or rates. Bidders must bear any and all costs associated with any required filings.

Bidders must file, with the appropriate regulatory body, any “tariff amendments” to ensure that the required terms and conditions of this RFP as well as the Standard Terms & Conditions are part of the "tariff" document on file with the Federal Communications Commission and/or the NYS PSC. Bidders must ensure that this “tariff amendment” is such that in the event of a conflict between the terms of any standard tariffs on file and the terms and conditions of any contract resulting from this RFP that the latter will prevail. Bidders must describe, in their proposal, how this is accomplished.

XII.6.1 TariffsGoverning tariff(s) may be identified and subject to the following conditions:

1. Bidder must affirmatively request that the tariff(s) be made a part of the contract to be awarded hereunder on that basis in its Proposal.

2. Bidder shall identify the tariff(s) and the regulatory body or bodies with jurisdiction.

3. Bidder must furnish a complete copy of the tariff(s) including any proposed filings or other documentation which would be required by the Bidders offer.


4. Bidder must identify on the record all pertinent sections of the tariff(s) and comprehensively explain their effect with respect to the Services to be provided under the contract.

To the extent that the tariff(s) applies to areas not covered in the RFP or contract documents, then their provisions shall apply and be in effect. Changes to the tariff(s) would need to be provided to OGS during the course of the contract within ten (10) days of their filing or effective date. Bidder must agree to use good faith efforts to advise OGS of changes prior to their filing or effective date including any impact on the contract and the Services provided thereunder.

In submitting its proposal, Bidder agrees that if awarded the contract, Contractor shall not initiate any amendments, revisions or modifications to its tariff(s) or other filings to the economic, operational or technical detriment of OGS or it’s Authorized Users during the term of the contract or any renewals thereof. In that regard, Bidder understands and agrees that there shall be no increase in prices or costs associated with the contract or diminution in the level or quality of Services bid except for changes resulting from actions of the governing regulatory or judicial body with proper jurisdiction that are not initiated by the Contractor.

The Contractor shall be liable for damages for any changes made by the Contractor in its tariff, without the prior approval of OGS, which result in a negative impact to OGS or any of its Authorized Users, except for changes ordered by the governing regulatory or judicial body with proper jurisdiction.

Additionally, should the Contractor file any other tariff changes, which result in a rate increase, a diminution of service quality, or a change in the extent or scope of services provided, which negatively impacts OGS or any of its Authorized Users, then that act shall be grounds for cancellation for cause by the State of the underlying contract. Upon written notice by OGS, the Contractor shall have 10 days to re-file the tariff and cure the breach. The Contractor shall also be liable for liquidated damages in the amount of the difference between the originally tariffed rates and the amended tariffed rates which shall be payable to OGS and its Authorized Users.

The Contractor agrees to promptly re-file its tariff to correct any errors or discrepancies found between the Contract and the tariff.

In the event that the Services are not subject to a tariff, the Contractor shall affirm that the Services to be provided are not currently subject to a tariff. However, in the event that Contractor is required by a governing regulatory or judicial body with proper jurisdiction to file a tariff, or if Contractor should thereafter file an amendment, it shall be wholly consistent with the terms and conditions of the Contract with respect to provision of Services to OGS and the Authorized Users. Where the Services provided herein become legally required to be provided pursuant to a tariff, Contractor agrees to notify OGS in writing, prior to filing said tariff. In the event that detariffing occurs during the term of this Contract, then the Contract shall prevail and control the terms and conditions of previously-tariffed services provided to OGS and Authorized Users. Any changes made to the terms and conditions, including rates, of previously tariffed services may only be made in writing, subject to the approval of OGS and the State Comptroller.

In the event that detariffing occurs after tariffing occurs during the term of this Contract, then this Contract shall prevail and control the terms and conditions of previously tariffed services provided to OGS and Authorized Users. In the event Contractor files a tariff which is inconsistent with the terms and conditions, or rates of the Services provided under this Contract that act shall constitute a material breach of this agreement, and OGS reserves the right, in its sole discretion, to terminate this Contract for cause and may require setoff damages from Contractor pursuant to this Contract or any other contract


for non-tariffed products or services which Contractor has been awarded by the State. Said damages may take the form of monetary damages (i.e., a change in fees paid) or additional Services provided to OGS or Authorized Users under its other contracts, or a combination thereof. Any changes made to the terms and conditions, including rates, of previously tariffed Services may only be made in writing, subject to the approval of OGS and the State Comptroller.

OGS prefers that any tariff filings in support of the services offered hereunder are filed using the most flexible metrology available. Contractor must describe this specific tariff methodology it intends to employ and the ability to make needed changes to the tariff using the methodology. Does the tariff apply strictly to OGS and its Authorized Users? Are other states and local government customers outside New York eligible or can they be made eligible?

XII.7 PRESS RELEASESContractor agrees that no brochure, news/media/press release, public announcement, memorandum other information of any kind regarding the Contract shall be disseminated in any way to the public, nor shall any presentation be given regarding the Contract without prior written approval from OGS, which written approval shall not unreasonably withheld or delayed provided, however, that Contractor shall be authorized to provide copies of the Contract and answer any questions relating thereto to any State or Federal regulators connection with its financial activities, to financial institutions for any private or public offering.

XII.8 PUBLIC INFORMATIONDisclosure of items related to this Agreement shall be permitted consistent with the laws of the State of New York and specifically the Freedom of Information Law (FOIL) contained in Section 87 of the Public Officers Law. The State shall take reasonable steps to protect from public disclosure any of the records relating to this procurement that are otherwise exempt from disclosure under that statute. Information constituting trade secrets, for purposes of FOIL, must be clearly marked and identified as such upon submission. If the Contractor intends to seek an exemption from disclosure of these materials under FOIL, the Contractor shall, at the time of submission, request the exemption in writing and provide an explanation of why the disclosure of the identified information would cause substantial injury to the competitive position of the Contractor. Acceptance of the identified information by the State does not constitute a determination that the information is exempt from disclosure under FOIL. Determinations as to the availability of the identified information will be made in accordance with FOIL at the time a request for such information is received by the State."

XII.9 ELECTRONIC BID OPENING RESULTSThe Procurement Services Group (PSG) is piloting a project to post bid prices on the OGS/PSG web page. The web page makes available bid tabulations (i.e.: photocopies of price pages or spreadsheets) received by PSG for scheduled bid openings. Previously only available through Freedom of Information, such information is anticipated to be available online within two business days after the bid opening. The Bid Opening Results Page is available at:




XIII PROPOSAL FORMAT AND CONTENT

E-Mail or Fax Bids will NOT be accepted.

Electronic Information Links or references to information located on the Internet are NOT acceptable.

Electronic information must be accessible via a CD/DVD or equivalent physical media included in the bid package.

Proposals must be in loose leaf, 3 ring, 2inch or larger, view (including the spine) binders.

The proposal sections should have tabs that correspond to the Bidders Table of Contents.

CDS must be labeled and secured in clear sleeves in the binder.

Failure to comply with the above will result in delays of the evaluation and recommendation for award.


BIDDER’S Table of Contents

ATTENTION: BIDDERS SUBMITTING PROPOSALS IN RESPONSE TO RFP ARE ADVISED THAT ALL BID SUBMISSIONS WILL UNDERGO A REVIEW FOR COMPLETENESS. THIS WILL BE A PASS OR FAIL REVIEW. IN ORDER FOR BIDS TO BE EVALUATED THEY MUST BE 100% COMPLETE. ALL REQUIRED INFORMATION, FORMS, SIGNATURES ETC. MUST BE INCLUDED.

It is strongly recommended that bidders familiarize themselves with the provisions of RFP 20268 by:

reading the RFP thoroughly reviewing the previous inquiries and responses (see Appendix E) submitting any additional inquiries by the closing date indicated in Section I.V KEY EVENTS/DATES using the Bidders Table of Contents and the Bidder Proposal Checklist as a guide when responding to

RFP 20268 and as a final checklist prior to submitting a proposal for review.

Bidders must submit their complete proposal on one master disk (electronic file media) in addition to other requirements listed below. This is to include all signed completed documents scanned into this master disk.

**** Scan all completed and signed documents and include electronically ****

XIII.1 BID DOCUMENT THREE (3) Original Signature Hard copies and TWO (2) Electronic versions of the following are required (1-7)

1) The completed and signed Signature Page (Front Page of RFP) 2) The completed, signed and notarized XIII.22 Acknowledgment Page 3) If applicable, insert signed Addenda (Addendum # 1, Addendum # 2, etc.)4) The completed and signed XIII.24 Authorized Users Tables 5) The completed XIII.25 Proposal Form Page(s) and completed Signature Page6) The completed and signed Appendix 17) The completed and signed Appendix 2 (ST220-CA only)

ONE (1) Hard copy and TWO (2) Electronic versions of the following are required (8-11)

8) The completed Bidder Proposal Checklist9) The completed XIII.21 Questionnaire10) The completed XIII.26 Response Matrix Form with attached response documentation 11) The completed Appendix C – Reference NYS Cost Spreadsheet

XIII.2 QUALIFICATION OF BIDDERONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Section II Evidence of Established Service Provider Sales Volume Requirements

XIII.3 EVIDENCE OF ABILITY/FINANCIAL SECURITY ONE (1) Hard copy and TWO (2) Electronic versions of the following:


Reference Section II.1 A Company Dunn & Bradstreet (D&B) Comprehensive Insight Plus Report ™ / Comprehensive Report

XIII.4 PRICING (Reasonableness of Price)TWO (2) Electronic versions of the following:Reference Section II.2 Appendix C Copies of comparable contracts. Demonstrate reasonableness of Price

XIII.5 LOT and Category OFFER DESCRIPTION(s) & SPECIFICATION(s) ONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections III, IV and V and VI (as applicable) Response to requirements related to Category Bid, Descriptions, & Specifications (as applicable)

XIII.6 ADMINISTRATIVEONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections VI (as applicable) Response to General Administrative requirements (as applicable)

XIII.7 NETWORK MANAGEMENTONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections VII (as applicable) Response to General Network Management requirements (as applicable)

XIII.8 SECURITY REQUIREMENTSONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections VIII (as applicable) Response to General Security requirements (as applicable)

XIII.9 SERVICE LEVEL AGREEMENT REQUIREMENTSONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections IX (as applicable) Response to Service Level Agreement requirements (as applicable) Completed SLA Matrix

XIII.10EXTRANEOUS TERMS ONE (1) Hard copy and TWO (2) Electronic versions of the following: Reference Appendix B section 13 “EXTRANEOUS TERMS” clause

NOTE: Exceptions not included in this section may not be reviewed and subsequently disregarded.

NOTE: Appendix B was revised and updated in July 2006, no changes to Appendix B will be considered. Listing extraneous terms that conflict with Appendix B will delay the evaluation of your proposal and may delay a recommendation for contract award or cause the proposal to be deemed non-responsive and ineligible for contract award.

Exceptions must for formatted in the following manner:


Issue number

RFP Section and page number

The complete excerpted RFP language

Bidder’s exception, including alternative proposed

The electronic version must be in unprotected MS Word or equivalent document (no tables).

FAILURE TO SUBMIT ANY OF THE ABOVE INFORMATION IN THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF THE BID.

Bidder Proposal Checklist

The Bidder Proposal Checklist is provided to assist the Bidders in preparing their bid submissions. PSG reserves the right to request any additional information required to evaluate the bids submitted.

XIII.11 BID DOCUMENT CHECKLIST THREE (3) Original Signature Hard copies and TWO (2) Electronic versions of the following are required (1-7)

1) The completed and signed Signature Page (Front Page of RFP) Yes2) The completed, signed and notarized XIII.22 Acknowledgment Page Yes3) If applicable, insert signed Addenda (Addendum # 1, Addendum # 2, etc.) Yes4) The completed and signed XIII.24 Authorized Users Tables Yes5) The completed XIII.25 Proposal Form Page(s) and completed Signature Page Yes6) The completed and signed Appendix 1 Yes7) The completed and signed Appendix 2 (ST220-CA) Yes

ONE (1) Hard copy and TWO (2) Electronic versions of the following are required (8-11)

8) The completed Bidder Proposal Checklist Yes9) The completed XIII.21 Questionnaire Yes10) The completed XIII.26 Response Matrix Form with attached response documentation Yes11) The completed Appendix C – Reference NYS Cost Spreadsheet Yes

XIII.12QUALIFICATION OF BIDDERONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Section II Evidence of Established Service Provider Yes Sales Volume Requirements Yes

XIII.13EVIDENCE OF ABILITY/FINANCIAL SECURITY ONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Section II.1 A Company Dunn & Bradstreet (D&B)

a) Comprehensive Insight Plus Report ™ / Comprehensive Report Yes

XIII.14PRICING (Reasonableness of Price)TWO (2) Electronic versions of the following:Reference Section II.2


Appendix C Yes Copies of comparable contracts. Yes Demonstrate reasonableness of Price Yes

XIII.15LOT and Category OFFER DESCRIPTION(s) & SPECIFICATION(s) ONE (1) Hard copy and TWO (2) Electronic versions of the following: YesReference Sections III, IV and V and VI (as applicable) Response to requirements related to Category Bid, Descriptions, & Specifications (as applicable)

XIII.16ADMINISTRATIVEONE (1) Hard copy and TWO (2) Electronic versions of the following: YesReference Sections VI (as applicable) Response to General Administrative requirements (as applicable)

XIII.17NETWORK MANAGEMENTONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections VII (as applicable) Response to General Network Management requirements (as applicable) Yes

XIII.18SECURITY REQUIREMENTSONE (1) Hard copy and TWO (2) Electronic versions of the following: YesReference Sections VIII (as applicable) Response to General Security requirements (as applicable)

XIII.19SERVICE LEVEL AGREEMENT REQUIREMENTSONE (1) Hard copy and TWO (2) Electronic versions of the following:Reference Sections IX (as applicable) Response to Service Level Agreement requirements (as applicable) Yes Completed SLA Matrix Yes

XIII.20EXTRANEOUS TERMS ONE (1) Hard copy and TWO (2) Electronic versions of the following: Yes Reference Appendix B section 13 “EXTRANEOUS TERMS” clause

NOTE: Exceptions not included in this section may not be reviewed and subsequently disregarded.

Exceptions must for formatted in the following manner:

Issue number

RFP Section and page number

The complete excerpted RFP language

Bidder’s exception, including alternative proposed

The electronic version must be in unprotected MS Word or equivalent document (no tables).

FAILURE TO SUBMIT ANY OF THE ABOVE INFORMATION IN THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF THE BID.


XIII.21 QUESTIONAIRE

REASONABLENESS OF PRICE QUESTIONNAIRE

PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX

Bidder

NOTES TO BIDDERS: FAILURE TO ANSWER THE QUESTIONS WILL DELAY THE EVALUATION OF YOUR BID AND MAY RESULT IN REJECTION OF YOUR BID.

Are prices quoted the same as or lower than those quotedother corporations, institutions and government agencies(including GSA/VA contracts) on similar products,quantities, terms and conditions? See "Best Pricing Offer" inAppendix B, OGS General Specifications.

_____ YES _____ NO

* If "NO", explain on a separate sheet.If yes, include a separate sheet attached to the end of this questionnaire showing: Name of state, contract number and a link to pricing if available. If best commercial customer pricing is used supply names and contact information for the customer(s) cited.

Please provide the following information (one sheet per category bid)

LOT No.#:Category:

_________ ________________________________

Do you have a contract with the General Services Administration (GSA), Veterans Affairs (VA), Department of Defense (DOD), or other Federal Government Agency for products offered? (Check all that apply.)

_____ GSA _____ VA_____ DOD _____ Other _____ NO

If yes, a copy of the GSA, VA, DOD, or other Agency comparable contract pricing information as outline in section II.2?

Have you included an electronic copy of comparable contract pricing information as outline in section II.2?

_____ GSA _____ VA_____ DOD _____ Other

_____ YES _____ NO

If yes to having GSA, VA, DOD, or other Federal Agency contract, will Bidder offer New York State pricing equal to or better than your GSA, VA, DOD, or other Federal Agency pricing?

_____ YES _____ NO

If no to above, an explanation of why equal to or better pricing is not being offered is required. Have you attached a written explanation?

_____ YES _____ NO

If Bidder has state contract for products offered, please provide the name of the state: ________________________________

If State was completed above, an electronic copy of the comparable contract pricing information as outline in section II.2. Have you _____ YES _____ NO

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPincluded an electronic copy?

For state contract referenced above, will Bidder offer New York State pricing equal to or better than your state contract pricing? _____ YES _____ NO

If no to above, an explanation of why equal to or better pricing is not being offered is required. Have you attached a written explanation? _____ YES _____ NO

If Bidder has a contract for products offered with a best commercial customer outside of GSA, VA, DOD, another Federal Agency, or a state, please provide the name of the customer: ________________________________

If best commercial customer was completed above, an electronic copy of the customer’s comparable contract pricing information as outline in section II.2. Have you included an electronic copy?

_____ YES _____ NO

For best commercial customer contract referenced above, will Bidder offer New York State pricing equal to or better than the pricing for the best commercial customer?

Have you designated Resellers/Distributers to be listed?

If yes, are they authorized to accept purchase orders, issue invoices and receive payments?

If yes, have you indicated which reseller/distributors are Authorized as indicated above.

_____ YES _____ NO

_____ YES _____ NO

_____ YES _____ NO

_____ YES _____ NO


USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX

Bidder

NOTES TO BIDDERS: (Cont’d)Are any products offered remanufactured (restored to itsoriginal performance standards and function)? _____ YES _____ NOAre any products offered Energy Star Compliant?(If YES to any of the above, attach specifics.)

_____ YES _____ NO

If awarded a contract, will bidder honor ordersfor less than the minimum order?

If YES, will shipping costs be added in accordancewith the "Minimum Order" clause? ORIf YES, will bidder ship at no additional cost?

_____ YES _____ NO

____ YES _____ NO

_____ YES _____ NOPerson or persons to contact for expediting

New York State contract orders:

Name:

Title:

Telephone Number:

Toll Free Telephone Number:

Fax Number:

Toll Free Fax Number:

E-Mail Address:

( )

( )

( )

( )

Person or persons to contact in the event of an emergencyoccurring after business hours or on weekend/holidays:

State Normal Business Hours (Specify M-F, Sat, Sun):

Name:

Title:

Telephone Number:

Fax Number:

Pager Number:

Mobile Telephone Number:

E-Mail Address:

( )

( )

( )

( )



Bidder

BIDDERS ANSWER THE FOLLOWING QUESTIONS:1. Are you a New York State resident business?

2. Total number of people employed by your business:

3. Total number of people employed by your business in New York State:

4. Is your business independently owned and operated?

5. Is your business at least 51% owned and controlled by women, or 51% owned and controlled by minority group members(i.e., Black, Hispanic, Asian, Pacific Islander, American Indian,Alaskan Native)?

If yes, have you been certified or registered?

List certification or registration authority:

6. PLACE OF MANUFACTURE OF PRODUCT(S) BID:(Indicate Yes or No for either A, B or C)

A. All NYS ManufactureB. All Manufactured outside NYSC. Manufactured In NYS and Outside NYS

If yes to C above, Location (State) where more than half the value is added to the product(s) bid:

7. BIDDER’S PRINCIPAL PLACE OF BUSINESS*:

*"Principal Place of Business" is the location of the primary control, direction and management of the enterprise.

_________YES _________NO

_________

_________

_________YES _________NO

_________YES _________NO MINORITY-OWNED FIRM WOMEN-OWNED FIRM

_________YES _________NO

_________________________________

_________YES _________NO_________YES _________NO_________YES _________NO

State of _______________________

State of _______________________



Bidder

8. "NONDISCRIMINATION IN EMPLOYMENT INNORTHERN IRELAND:MacBRIDE FAIR EMPLOYMENT PRINCIPLES"

In accordance with Section 165 of the State Finance Law,bidders, by submission of this bid, certifies thatit or any individual or legal entity in which bidders holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership interest in bidders, either:

(Answer Yes or No to one or both of the following, as applicable),

A. have business operations in Northern Ireland:

If yes,

B. shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to non-discrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of compliance with suchPrinciples.

_________YES _________NO

_________YES _________NO

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBIDDERS PLEASE ANSWER THE FOLLOWING QUESTIONS:1. Is your company a Minority or Women-Owned Business

Enterprise, certified in accordance with Article 15A of the New York State Executive Law as defined below? _________YES _________NO

2. Is your company listed in the Empire State Development Directory of Certified Minority and Women Owned Businesses?

http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp

NOTE: Contractors certified and listed in the Empire State Development’s Directory of Certified Minority and Women-Owned Business Enterprises* will be identified by OGS as MBEs and/or WBEs in the OGS Contract Award Notification upon award of the contract.

*For further information and or application please contact New York State Department of Economic Development, Division of Minority and Women-Owned Business Enterprise at 518-292-5250 (Albany) or 212-803-2414 (New York City).

_________YES _________NO

MINORITY-OWNED WOMEN-OWNED MINORITY AND WOMEN-OWNED

"Minority or Women-Owned Business Enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is:

(a) at least fifty-one percent owned and controlled by the minority members and/or women;

(b) an enterprise in which such minority and/or women ownership interest is real, substantial and continuing;

(c) an enterprise in which such minority and/or women ownership has and exercises the authority to independently control the day-to-day business decisions; and

(d) an enterprise independently owned, operated and authorized to do business in New York State.

3. Is your company a New York Small Business Concern as defined in accordance with Article 11 of the New York State Finance Law?

"Small Business Concern" means a business which:(a) is resident in New York State; (b) is independently owned and operated;(c) is not dominant in its field; and, (d) employs one hundred or fewer persons.

_________YES _________NO



XIII.22 ACKNOWLEDGMENT PAGE

INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT

STATE OF : SS.:COUNTY OF

On the ____ day of ___________________ in the year 20 __ , before me personally appeared _______________________________________ , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _he resides at ________________________, Town of ________________________________________ , County of _______________________________ , State of ______________________________ ; and further that:[Check One]

( If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

( If a corporation): _he is the _______________________________ of ____________________________ , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

( If a partnership): _he is the ____________________________ of ______________________________, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

( If a limited liability company): _he is a duly authorized member of _____________________________, LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

_____________________________________ Signature: _______________________ Date: ______________Notary Public Registration No. Print Name:_____________________________________


XIII.23 PROJECT REFERENCES / CLIENT INFORMATIONONLY IF REQESTED BY OGS

REFERENCE FORMBIDDERS INFORMATION

Bidding Company / Contact Person: / /

Contact Person Telephone Number:

PROJECT REFERENCE / CUSTOMER'S INFORMATION

Customer Name

Customer Address

Contact Person

Telephone Number

Facsimile Number

E-Mail Address

Date Range of Service / / through / /

Dollar Value of Contract

Description of services provided:


XIII.24 AUTHORIZED USERS

NYS Laws Extending Use of State Centralized Contracts forPurchases by Non-State Agencies

Table OneThese groups are eligible to purchase through

OGS Commodity, Information Technology and Service Centralized Contracts.

Any officer, board or agency of a political subdivision, or of a district therein (counties, cities, towns, villages, public school districts) -- Section 163 of the State Finance Law and Sections 100 and 104 of the General Municipal Law.

Volunteer fire companies -- Sections 100 and 104 of the General Municipal Law. Boards of Cooperative Educational Services -- Section 100 of the General Municipal Law. Institutions for instruction of the deaf and the blind -- Section 163 of the State Finance Law and Section

4201 of the Education Law. Non-profit public television corporations -- Section 236 of the Education Law. Voluntary ambulance services -- Sections 100 and 104 of the General Municipal Law. Non-profit public radio corporations -- Section 236 of the Education Law. Any public authority or public benefit corporation of the State -- Section 163 of the State Finance Law. Non-public, non-profit elementary and secondary schools -- Section 109-a of the General Municipal Law. Certain public associations -- New York State Association of Counties, Association of Towns of the State of

New York, New York State Conference of Mayors and other Municipal Officials, New York State School Boards Association, Inc., the New York Planning Federation and Association of Fire Districts of the State of New York -- Section 109-a of the General Municipal Law.


Table TwoThese groups are eligible to purchase ONLY through

OGS Commodity Centralized Contracts.

Note: OGS Services and Technology contracts may be available to these groups through voluntary extension by the Vendor.

Non-profit independent colleges and universities -- Section 6404 of the Education Law. Certain non-profit museums, historical societies, zoological gardens, botanical gardens, arboreta, and

aquariums -- Section 258-a of the Education Law. Certain not-for-profit corporations that receive federal funds for provision of transportation services --

Section 31-a of the Transportation Law. The Interstate Environmental Commission -- Section 163 of the State Finance Law Charitable non-profit agencies for the blind and other severely disabled -- Section 163 of the State Finance

Law. Non-profit, non-public hospitals, residential health care or mental hygiene facilities -- Section 163 of the

State Finance Law. Non-profit cemetery corporations -- Section 1509 of the Not-for-Profit Corporation Law Non-profit county, town or other agricultural societies and youth fairs or expositions held by county

extension service associations -- Chapter 741 of the Laws of 1985 and as amended by Chapter 90 of the Laws of 1992.

Certain charitable organizations -- Chapter 741 of the Laws of 1985 and as amended through Chapter 134 of the Laws of 1994.

Bidder has read the aforementioned statement and agrees that entities listed in Table One and Table Two may participate in and make purchases as provided for in the RFP and the resulting contract awards.

Acknowledged, Agreed and Accepted.

Signature: _______________________________________ Date: _________________Printed Name: _______________________________________

- OR -

Bidder has read the aforementioned statement and agrees that only the entities listed in Table One may participate in and make purchases as provided for in the RFP and the resulting contract awards.

Acknowledged, Agreed and Accepted.

Signature: _______________________________________ Date: _________________Printed Name: _______________________________________


XIII.25 PROPOSAL FORM

Bidder: ______________________

NOTE:Proposal Form must be completed and signed in triplicate herein.

________________________________________________ agrees to provide all necessary service, equipment, (Company)

maintenance, inspections, and annual operation in accordance with the specifications in this Request For Proposals and any Project Definition which is issued subsequent to the contract award.

It is acknowledged that the Contract is comprised of this Request for Proposals 20268, the proposal submitted by this company and all documentation resulting from the evaluation process.

Proposals are being submitted for the following:


REPLICATE AS REQUIRED NOTE: Bidders are required to submit a separate sheet per each Category bid

Lot _______ - Category ____________________________Bidder: ______________________

Statewide: _______or

Regional: Check ALL that apply:

Albany Franklin Oneida Seneca

Allegany Fulton Onondaga St. Lawrence

Bronx Genesee Ontario Steuben

Broome Greene Orange Suffolk

Cattaraugus Hamilton Orleans Sullivan

Cayuga Herkimer Oswego Tioga

Chautauqua Jefferson Otsego Tompkins

Chemung Kings Putnam Ulster

Chenango Lewis Queens Warren

Clinton Livingston Rensselaer Washington

Columbia Madison Richmond Wayne

Cortland Monroe Rockland Westchester

Delaware Montgomery Saratoga Wyoming

Dutchess Nassau Schenectady Yates

Erie New York Schoharie

Essex Niagara Schuyler


AGENCY CERTIFICATION (In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract.)

Principal place of business is the location of the primary control, direction and management of the enterprise.

State of Bidder’s Principal Place of Business

AGENCY SIGNATURE VENDOR'S SIGNATURE

________________________________ _______________________________

DATED _________________________ _______________________________

PRINT NAME

_______________________________

TITLE Reviewed by PROCUREMENT SERVICES GROUP_________________ _______________________________

COMPANY

_______________________________

ADDRESS

__________________ _____________

CITY STATE/ZIP

_______________________________

TELEPHONE NUMBER

_______________________________

FEDERAL I.D. NUMBER

_______________________________

DATE

NEW YORK STATE NEW YORK STATEATTORNEY GENERAL'S SIGNATURE COMPTROLLER'S SIGNATURE

___________________________________ ______________________________

DATED ____________________________ DATED


XIII.26 RESPONSE MATRIX FORM

Proposal Section

Proposal Page Accept/Decline

Response /Explain

III VOICE SERVICES – LOT 1 III.1 LOCAL EXCHANGE SERVICE III.1.1 Service Description III.1.2 Local Calling Area Defined III.1.3 Dialing Plan III.1.4 Access Type III.1.5 Analog Access Requirements III.1.6 Digital Access Requirements III.1.7 All Access Types III.1.8 Calling Features III.1.9 Pay-per-Call Service Restriction III.1.10 Directory Assistance Call Transfer Restriction III.1.11 Collect or 3rd Party Call Acceptance III.1.12 Operator Services III.1.13 Incoming Caller Identification III.1.14 Remote Call Forwarding

III.1.15Pre-Subscription for Toll Services (Equal Access)

III.1.16 Standards Compliance III.1.17 Local Number Portability III.1.18 E911 III.1.19 Printed Directory of Telephone Numbers III.1.20 Listing in Directory Assistance III.1.21 Disconnection of Services III.1.22 Temporary Suspension of Service III.1.23 Busy Condition Studies/Reports III.1.24 Direct-Inward-Dialing (DID) Service III.1.25 Pricing of Local Exchange Service III.1.26 Management Reports III.1.27 Network Management III.2 LONG DISTANCE III.2.1 Types of Toll Service III.2.2 On-Net/Off-Net Traffic Description III.2.3 Dedicated/Switched Access III.2.4 Dialing Requirements III.2.5 Call Answer Supervision III.2.6 Authorization Codes III.2.7 Account Codes III.2.8 Code Customization III.2.9 Maintenance of Codes III.2.10 Implementation Timeframes III.2.11 Pricing of Outgoing Toll Service III.2.12 Mobile Termination III.2.13 Management Reports III.2.14 Network Management III.3 TOLL FREE

III.3.1 Types of Toll Free Service

Proposal Section


Response /Explain

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPIII.3.2 Toll Free Service Access III.3.3 Virtual Toll Free Access III.3.4 Toll Free Calling Area III.3.5 Call Answer Supervision III.3.6 Multiple Toll Free Numbers III.3.7 Toll Free Number Portability III.3.8 Incoming Call Restriction III.3.9 Automatic Number Identification (ANI) III.3.10 Dialed Number Identification Service (DNIS) III.3.11 Blocked Call Reports III.3.12 Advanced Routing Features III.3.13 Incoming Local Exchange Calls III.3.14 Network-Based Call Processing Function III.3.15 Single Number Service III.3.16 Implementation Timeframes III.3.17 Pricing of Incoming Toll Free Service III.3.18 Management Reports III.3.19 Network Management

III.4CENTRAL OFFICE EXCHANGE SERVICE (CENTREX )

III.4.1 Service Description III.4.2 Station Features III.4.3 Multi-Path Call Forwarding III.4.4 Uniform Call Distribution (UCD) III.4.5 Virtual Lines/Number III.4.6 Simplified Message-Desk Interface (SMDI) III.4.7 Calling Data Polling Requirements III.4.8 Customer Premise Equipment Requirements III.4.9 Standards Compliance

III.4.10Commencement of Billing for Monthly Recurring Charges

III.4.11 Training & Support Services III.4.12 Voice Mail III.4.13 Voice Forms III.4.14 Additional Requirements III.4.15 Local Number Portability III.4.16 Management Reports III.4.17 Network Management III.5 CALLING CARD III.5.1 Service Description III.5.2 Options III.5.3 Management Reports III.5.4 Network Management III.6 DIRECTORY ASSISTANCE III.6.1 Service Description III.6.2 Management Reports III.6.3 Network Management III.7 VOICE OVER IP (VoIP) III.7.1 Service Description

III.7.2 Dialing Plan

Proposal Section


Response /Explain

III.7.3 Access Type

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPIII.7.4 Calling Features III.7.5 Optional Calling FeaturesIII.7.6 Pay-per-Call Service RestrictionIII.7.7 Directory Assistance Call Transfer RestrictionIII.7.8 Collect or 3rd Party Call AcceptanceIII.7.9 Operator Services III.7.10 Incoming Caller Identification III.7.11 Remote Call Forwarding III.7.12 Direct-Inward-Dialing (DID) Service III.7.13 Toll Free III.7.14 Types of Toll Free Service III.7.15 Standards Compliance III.7.16 Local Number Portability III.7.17 E911 III.7.18 Printed Directory of Telephone Numbers III.7.19 Listing in Directory Assistance III.7.20 Disconnection of Services III.7.21 Temporary Suspension of Service III.7.22 Pricing of VoIP Service III.7.23 VoIP Quality of Service III.7.24 Customer Premise Equipment Requirements III.7.25 Network Security III.7.26 Integrated Messaging III.7.27 Management Reports III.7.28 Network Management III.8 PAY TELEPHONESIII.8.1 Service DescriptionIII.8.2 Temporary Suspension of ServiceIII.8.3 Pricing of Payphone ServiceIII.8.4 Customer Premise Equipment RequirementsIII.8.5 Network SecurityIII.8.6 Management ReportsIII.8.7 Network ManagementIV CONNECTIVITY SERVICES – LOT 2 IV.1 PRIVATE LINE DATA SERVICES IV.1.1 Service Description IV.1.2 Types of Services IV.1.3 Transport Types IV.1.4 Multiplexing Circuits IV.1.5 Customer Premise Equipment Requirements IV.1.6 Standards Compliance IV.1.7 Network Security IV.1.8 Management Reports IV.1.9 Network Management IV.2 SWITCHED 56KBPS SERVICE IV.2.1 Service Description IV.2.2 Service Availability IV.2.3 Customer Premise Equipment Requirements

Proposal Section


Response /Explain

IV.2.4 Standards Compliance IV.2.5 Management Reports IV.2.6 Network Management

IV.3INTEGRATED SERVICES DIGITAL NETWORK (ISDN)

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPIV.3.1 Service Description IV.3.2 Service Availability IV.3.3 Customer Premise Equipment Requirements IV.3.4 Network Security

IV.3.5 Standards Compliance

IV.3.6 Billing IV.3.7 Management Reports IV.3.8 Network Management IV.4 DIGITAL SUBSCRIBER LINE (xDSL) IV.4.1 Service Description IV.4.2 Service Availability IV.4.3 Service Types IV.4.4 Customer Premise Equipment Requirements IV.4.5 Standards Compliance IV.4.6 Network Uptime IV.4.7 Management Reports IV.4.8 Network Management IV.4.9 Network Inter-Operability IV.4.10 Network Security IV.5 FRAME RELAY SERVICES IV.5.1 Service Availability IV.5.2 Service Access Types IV.5.3 Service Access Speeds IV.5.4 Customer Premise Equipment Requirements IV.5.5 Standards Compliance IV.5.6 Committed Information Rate (CIR) IV.5.7 CIR Adjustment Requirements IV.5.8 Committed and Extended Burst Rate IV.5.9 Congestion Management IV.5.10 Rate Enforcement IV.5.11 Error Checking Technique IV.5.12 Network Latency IV.5.13 Management Reports IV.5.14 Network Management IV.5.15 Network Security

IV.6ASYNCHRONOUS TRANSFER MODE (ATM)

IV.6.1 Service Description IV.6.2 Service Availability IV.6.3 Access Types IV.6.4 Customer Premise Equipment Requirements IV.6.5 Virtual Circuits IV.6.6 Category of Service IV.6.7 Network Uptime

Proposal Section


Response /Explain

IV.6.8 Management Reports IV.6.9 Network Management IV.6.10 Standards Compliance IV.6.11 Network Security

IV.7SONET SYNCHRONOUS OPTICAL NETWORK (SONET)

IV.7.1 Service Description


IV.7.2 Service Availability

IV.7.3 Access Types IV.7.4 Customer Premise Equipment Requirements

IV.7.5 Bandwidth Availability

IV.7.6 Standards Compliance IV.7.7 Network Uptime IV.7.8 Management Reports IV.7.9 Network ManagementIV.7.10 Network SecurityIV.8 ETHERNET (MAN/WAN)IV.8.1 Service Description IV.8.2 Service Availability IV.8.3 Customer Premise Equipment Requirements IV.8.4 Standards Compliance IV.8.5 Network Uptime IV.8.6 Management Reports IV.8.7 Network Management IV.8.8 Service Inter-operability IV.8.9 Network Security IV.9 CABLE BASED BROADBAND IV.9.1 Service Description IV.9.2 Service Availability IV.9.3 Customer Premise Equipment Requirements IV.9.4 Standards Compliance IV.9.5 Network Uptime IV.9.6 Management Reports IV.9.7 Network Management IV.9.8 Service Inter-operability IV.9.9 Network Security IV.10 FIXED WIRELESS SERVICE IV.10.1 Service Description IV.10.2 Service Availability IV.10.3 Customer Premise Equipment Requirements IV.10.4 Standards Compliance IV.10.5 Network Uptime IV.10.6 Management Reports IV.10.7 Network Management IV.10.8 Service Inter-operability IV.10.9 Network Security V MANAGED SERVICES – LOT 3 V.1 INTERNET ACCESS SERVICES

Proposal Section


Response /Explain

V.1.1 Service Description V.1.2 Service Availability V.1.3 Access Types V.1.4 Customer Premise Equipment Requirements V.1.5 Standards Compliance V.1.6 Service Level Agreement V.1.7 Management Reports V.1.8 Network Management V.2 INTERNET SERVICES

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPV.2.1 Hosting Services V.2.2 Management Reports V.2.3 Network Management

V.3 CO-LOCATION SERVICE

V.3.1 Service Description V.3.2 Service Availability V.3.3 Access Types V.3.4 Category of Service V.3.5 Standards Compliance V.3.6 Security V.3.7 Management Reports

V.4MULTIPROTOCOL LABEL SWITCHING (MPLS)

V.4.1 Service Description V.4.2 Service Availability V.4.3 Access Types V.4.4 Customer Premise Equipment Requirements V.4.5 Category of Service V.4.6 Network Uptime V.4.7 Management Reports V.4.8 Network Management V.4.9 Standards Compliance V.4.10 Network Security V.5 MOBILE WIRELESS V.5.1 Service Description V.5.2 Service Availability V.5.3 Required Features V.5.4 Mobile Wireless Devices V.5.5 Mobile Wireless Device Features V.5.6 Use of Existing Wireless Devices V.5.7 Standards Compliance V.5.8 Trade-in Allowance V.5.9 Required Coverage V.5.10 Uniform Service Delivery V.5.11 Coverage Guarantee V.5.12 Management Reports V.5.13 Network Management V.5.14 Network Security V.5.15 Billing of Mobile Wireless Service V.5.16 Telephone Number Selection

Proposal Section


Response /Explain

V.5.17 Mobile Wireless Data Services V.5.18 Mobile Wireless Number Portability V.5.19 Future Mobile Wireless Services V.6 AUDIO CONFERENCING V.6.1 Service Description V.6.2 Service Availability V.6.3 Customer Premise Equipment Requirements V.6.4 Standards Compliance V.6.5 Hours of Operation V.6.6 Session Reservation Procedures V.6.7 Session Support Services

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPV.6.8 Management Reports V.7 VIDEO CONFERENCING SERVICES V.7.1 Service Description V.7.2 Service Availability

V.7.3 Customer Premise Equipment Requirements

V.7.4 Transmission Speeds V.7.5 Multi-Point Conferencing V.7.6 Bridging to Other Provider’s Service V.7.7 Codec/Speed Conversion V.7.8 Standards Compliance V.7.9 Hours of Operation V.7.10 Session Reservation Procedures V.7.11 Session Support Services V.7.12 Management Reports V.8 INTERACTIVE VOICE RESPONSE (IVR) V.8.1 Service Description V.8.2 Service Availability V.8.3 Customer Premise Equipment Requirements V.8.4 Management Reports V.8.5 Standards Compliance V.9 STUDENT RESALE

V.9.1 Service Description V.9.2 Management Reports V.9.3 Standards Compliance

V.10BROADCAST COMMUNICATIONS SERVICES

V.10.1 Service DescriptionV.10.2 Service AvailabilityV.10.3 Access TypesV.10.4 Customer Premise Equipment RequirementsV.10.5 Category of ServiceV.10.6 Network UptimeV.10.7 Management ReportsV.10.8 Network ManagementV.10.9 Standards ComplianceV.10.10 Network Security

V.11EMERGENCY NOTIFICATION SERVICES

Proposal Section


Response /Explain

V.11.1 Service DescriptionV.11.2 Service AvailabilityV.11.3 Access TypesV.11.4 Customer Premise Equipment RequirementsV.11.5 Category of ServiceV.11.6 Network UptimeV.11.7 Management ReportsV.11.8 Network ManagementV.11.9 Standards ComplianceV.11.10 Network SecurityVI ADMINISTRATIVE VI.1 PROCUREMENT INSTRUCTIONS


VI.2OFFICE FOR TECHNOLOGY NOTIFICATION

VI.3 DEFINITION OF REQUIRMENTS VI.4 PROVISIONING OF SERVICES VI.4.1 Installation Timeframes VI.4.2 Required Project Manager VI.4.3 Required Implementation Package VI.4.4 Escalation Procedures During Implementation VI.4.5 Service Disruption During Installation VI.4.6 Pre-Installation Site Visits VI.4.7 Installation Personnel Requirement

VI.4.8 Clean-up of Agency Site VI.4.9 Restoration of Damaged Property VI.4.10 Final Acceptance of Installation VI.5 BILLING REQUIREMENTS VI.5.1 Required Billing Cycle VI.5.2 Monthly Bill DateVI.5.3 Basic Service Charge BillingVI.5.4 Billing and Rounding of ChargesVI.5.5 Basic Service Charge BreakdownVI.5.6 Required Telecommunication Services RecordsVI.5.7 Inappropriate Information in BillsVI.5.8 Changes in Monthly CostsVI.5.9 Taxes / Surcharges / FeesVI.5.10 Required Billing FormatVI.5.11 Additional Monthly Invoices

VI.5.12 Optional Billing Format

VI.5.13 Individual Agency Billing VI.5.14 Single Agency/Multiple Location Billing

VI.5.15Single Agency/Multiple Location Optional Billing

VI.5.16 Unique Account IdentifierVI.5.17 Billing of Past ChargesVI.5.18 Disputed ChargesVI.5.19 Incorrect Invoices

Proposal Section


Response /Explain

VI.5.20 Payments to ContractorsVI.5.21 Penalty for Non-ComplianceVI.5.22 Billing Software Administrator TrainingVI.5.23 System Fraud Control

VI.6INTERNET ACCESS TO CONTRACT & PRICING INFORMATION

VI.7 SERVICE ADDITIONS AND CHANGESVI.7.1 Future EnhancementsVI.7.2 Service ChangesVI.7.3 Required Ordering MechanismVI.7.4 Optional Ordering MechanismVI.7.5 Authorized Agency PersonnelVI.7.6 Contractor Ordering PersonnelVI.7.7 New Service or Change OrderVI.7.8 Disconnect Orders

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPVI.7.9 Dual Service RequirementVI.7.10 Optional Dual ServiceVI.7.11 Temporary Suspension of ServiceVI.7.12 Pre-Installation Site VisitsVI.7.13 Installation Personnel RequirementVI.7.14 Escalation Procedures during Implementation

VI.8ADMINISTRATIVE AND REPORTING REQUIREMENTS

VI.8.1 Administration RequirementsVI.8.2 Reporting RequirementsVI.8.3 Contract UpdateVI.8.4 Emerging TechnologiesVI.8.5 Contractors Insurance RequirementsVII NETWORK MANAGEMENTVII.1 CONTRACTORS NETWORK

VII.2MANAGEMENT BY THE AUTHORIZED USER

VII.2.1 Optional Toll Fraud SessionsVIII SECURITY REQUIREMENTSVIII.1 SYSTEM SECURITY REQUIREMENTSIX SERVICE LEVEL AGREEMENT

IX.1SERVICE LEVELS, BY CLASS of SERVICE

IX.1.1 Operations Service Levels

IX.2SERVICE MAINTENANCE REQUIREMENTS

IX.2.1 Service Level Agreements (Voice Services)

IX.2.2Service Level Agreements (Connectivity Services)

IX.2.3 Service Level Agreements (Managed Services)

IX.3MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS

IX.3.1 Trained Technical Staff IX.3.2 Maintaining of Contracted ServicesIX.3.3 Access to Maintenance/Trouble ReportingIX.3.4 Single Point of Contact

Proposal Section


Response /Explain

IX.3.5 Response to Maintenance CallsIX.3.6 Categories of Maintenance ServicesIX.3.7 Critical Maintenance RequirementsIX.3.8 Emergency Maintenance Requirements

IX.4ROUTINE MAINTENANCE REQUIRMENTS

IX.5 MAINTENANCE / SERVICE HOURSIX.6 RESTITUTIONIX.6.1 Credits for “Down Time”IX.6.2 Liquidated Damages

IX.6.3Failure to Install Circuit or Commence Service on Due Date

IX.6.4Service Credits for Failure to Respond/Repair Troubles

IX.6.5Chronic Service Outages / Unsatisfactory Performance

IX.6.6 Critical / Priority / Public Health and Safety


ServicesIX.6.7 Billing Discrepancies

IX.7INTERFACING WITH THIRD PARTY CONTRACTORS

IX.8ESCALATION PROCEDURES DURING SERVICE MAINTENANCE

XII SPECIAL TERMS AND CONDITIONSXII.1 EXTENSION OF USEXII.2 SHORT TERM EXTENSIONXII.3 CONTRACT MIGRATION

XII.4AMERICANS WITH DISABILITIES ACT (ADA)

XII.5 SURETY BONDXII.6 REGULATORYXII.6.1 TariffsXII.7 PRESS RELEASESXII.8 PUBLIC INFORMATION


APPENDIX A – Standard Clauses for NYS Contracts


APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENTFOR FUTURE REFERENCE.

June, 2006


TABLE OF CONTENTS

1. Executory Clause

2. Non-Assignment Clause

3. Comptroller’s Approval

4. Workers’ Compensation Benefits

5. Non-Discrimination Requirements

6. Wage and Hours Provisions

7. Non-Collusive Bidding Certification

8. International Boycott Prohibition

9. Set-Off Rights

10. Records

11. Identifying Information and Privacy Notification

12. Equal Employment Opportunities For Minorities and Women

13. Conflicting Terms

14. Governing Law

15. Late Payment

16. No Arbitration

17. Service of Process

18. Prohibition on Purchase of Tropical Hardwoods

19. MacBride Fair Employment Principles

20. Omnibus Procurement Act of 1992

21. Reciprocity and Sanctions Provisions

22. Purchases of Apparel

June, 2006


STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a).

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b)

discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPRecords during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers.

(b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group

members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

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18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic DevelopmentDivision for Small Business30 South Pearl St -- 7th FloorAlbany, New York 12245Telephone: 518-292-5220Fax: 518-292-5884http://www.empire.state.ny.us

A directory of certified minority and women-owned business enterprises is available from:

NYS Department of Economic DevelopmentDivision of Minority and Women's Business Development30 South Pearl St -- 2nd FloorAlbany, New York 12245Telephone: 518-292-5250Fax: 518-292-5803http://www.empire.state.ny.us

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business

enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;

(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder.

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APPENDIX B – General Specifications

PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE

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TABLE OF CONTENTS

GENERAL PAGE

1. Applicability 12. Governing Law 13. Ethics Compliance 14. Conflict of Terms 15. Definitions 1-3

BID SUBMISSION

6. International Bidding 37. Bid Opening 38. Bid Submission 39. Facsimile Submissions 310. Authentication of Facsimile Bids 411. Late Bids 412. Bid Contents 413. Extraneous Terms 414. Confidential/Trade Secret Materials 415. Release of Bid Evaluation Materials 416. Freedom of Information Law 517. Prevailing Wage Rates - Public Works

and Building Services Contracts 518. Taxes 619. Expenses Prior to Contract Execution 620. Advertising Results 621. Product References 622. Remanufactured, Recycled, Recyclable

Or Recovered Materials 623. Products Manufactured in Public

Institutions 624. Pricing 625. Drawings 726. Site Inspection 727. Procurement Card 728. Samples 7

BID EVALUATION

29. Bid Evaluation 830. Conditional Bid 831. Clarification/Revisions 832. Prompt Payment Discounts 833. Equivalent or Identical Bids 834. Performance and Responsibility

Qualifications 835. Disqualification for Past Performance 836. Quantity Changes Prior To Award 837. Timeframe for Offers 8

TERMS & CONDITIONS

38. Contract Creation/Execution 839. Participation in Centralized Contracts 840. Modification of Contract Terms 941. Scope Changes 942. Estimated/Specific Quantity Contracts 9

TERMS & CONDITIONS PAGE

43. Emergency Contracts 944. Purchase Orders 945. Product Delivery 1046. Weekend and Holiday Deliveries 1047. Shipping/Receipt of Product 1048. Title and Risk of Loss 1049. Re-Weighing Product 1050. Product Substitution 1051. Rejected Product 1052. Installation 1053. Repaired or Replaced Product/

Components 1154. On-Site Storage 1155. Employees/Subcontractors/Agents 1156. Assignment 1157. Subcontractors and Suppliers 1158. Performance/Bid Bond 1159. Suspension of Work 1160. Termination 1161. Savings/Force Majeure 1262. Contract Billings 1263. Default - Authorized User 1264. Interest on Late Payments 1265. Remedies for Breach 1366. Assignment of Claim 1367. Toxic Substances 1368. Independent Contractor 1369. Security 1370. Cooperation with Third Parties 1371. Contract Term - Renewal 1372. Additional Warranties 1373. Legal Compliance 1574. Indemnification 1575. Indemnification Relating to Third

Party Rights 1576. Limitation of Liability 1577. Insurance 15

THE FOLLOWING CLAUSES PERTAIN TOTECHNOLOGY & NEGOTIATED CONTRACTS

78. Software License Grant 1579. Product Acceptance 1780. Audit of Licensed Product Usage 1781. Ownership/Title to Project

Deliverables 1782. Proof of License 1883. Product Version 1884. Changes to Product or

Service Offerings 1885. No Hardstop/Passive

License Monitoring 1986. Source Code Escrow for

Licensed Product 19

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GENERAL

1. APPLICABILITY The terms and conditions set forth in this Appendix B are expressly incorporated in and applicable to the resulting procurement contracts let by the Office of General Services Procurement Services Group, or let by any other Authorized User where incorporated by reference in its Bid Documents. Captions are intended as descriptive and are not intended to limit or otherwise restrict the terms and conditions set forth herein.

2. GOVERNING LAW This procurement, the resulting contract and any purchase orders issued hereunder shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the contract shall be heard in a court of competent jurisdiction in the State of New York.

3. ETHICS COMPLIANCE All Bidders/Contractors and their employees must comply with the requirements of Sections 73 and 74 of the Public Officers Law, other State codes, rules, regulations and executive orders establishing ethical standards for the conduct of business with New York State. In signing the Bid, Bidder certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relationships, etc., involving New York State and/or its employees. Failure to comply with those provisions may result in disqualification from the Bidding process, termination of contract, and/or other civil or criminal proceedings as required by law.

4. CONFLICT OF TERMS Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall be resolved in the following order of precedence:a. Appendix A (Standard Clauses for NYS Contracts)b. Mini-Bid Project Definition if applicable and in accordance with the terms and conditions of the Back-Drop Contract.c. Contract and other writing(s) setting forth the final agreements, clarifications and terms between the Bid Documents and Contractor’s Bid. In the latter circumstance, clarifications must specifically note in writing what was offered by the Contractor and what was accepted by the State. If not, such clarifications shall be considered last in the order of precedence under this paragraph.d. Bid Documents (Other than Appendix A).

i. Bid Specifications prepared by the Authorized User.ii. Appendix B (General Specifications).iii. Incorporated Contract Appendices, if any, following the

order of precedence as stated for Contract above.e. Contractor’s Bid or Mini-Bid Proposal.f. Unincorporated Appendices (if any).

5. DEFINITIONS Terms used in this Appendix B shall have the following meanings:

AFFILIATE Any individual or other legal entity, (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) that effectively controls another company in which (a) the Bidder owns more than 50% of the ownership; or (b) any individual or other legal entity which owns more than 50% of the ownership of the Bidder. In addition, if a Bidder owns less than 50% of the ownership of another legal entity, but directs or has the right to direct such entity’s daily operations, that entity will be an Affiliate.

AGENCY OR AGENCIES The State of New York, acting by or through one or more departments, boards, commissions, offices or institutions of the State of New York.

ATTORNEY GENERAL Attorney General of the State of New York.

AUTHORIZED USER(S) Agencies, or any other entity authorized by the laws of the State of New York to participate in NYS centralized contracts (including but not limited to political subdivisions, public authorities, public benefit corporations and certain other entities set forth in law), or the State of New York acting on behalf of one or more such Agencies or other entities, provided that each such Agency or other entity shall be held solely responsible for liabilities or payments due as a result of its participation.

BID OR BID PROPOSAL An offer or proposal submitted by a Bidder to furnish a described product or a solution, perform services or means of achieving a practical end, at a stated price for the stated Contract term. As required by the Bid Documents, the Bid or proposal may be subject to modification through the solicitation by the Agency of best and final offers during the evaluation process prior to recommendation for award of the Contract.

BIDDER/OFFERER Any individual or other legal entity (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) which submits a Bid in response to a Bid Solicitation. The term Bidder shall also include the term “offeror.” In the case of negotiated Contracts, “Bidder” shall refer to the “Contractor.”

BID DOCUMENTS Writings by the State setting forth the scope, terms, conditions and technical specifications for a procurement of Product. Such writings typically include, but are not limited to: Invitation for Bids (IFB), Request for Quotation (RFQ), Request for Proposals (RFP), addenda or amendments thereto, and terms and conditions which are incorporated by reference, including but not limited to, Appendix A (Standard Clauses for NYS Contracts), Appendix B, (General Specifications). Where these General Specifications are incorporated in negotiated Contracts that have not been competitively Bid, the term “Bid Documents” shall be deemed to refer to the terms and conditions set forth in the negotiated Contract and associated documentation.

BID SPECIFICATION A written description drafted by the Authorized User setting forth the specific terms of the intended procurement, which may include: physical or functional characteristics, the nature of a commodity or construction item, any description of the work to be performed, Products to be provided, the necessary qualifications of the Bidder, the capacity and capability of the Bidder to successfully carry out the proposed Contract, or the process for achieving specific results and/or anticipated outcomes or any other requirement necessary to perform work. Where these General Specifications are incorporated in negotiated Contracts that have not been competitively Bid, the term “Bid Specifications” shall be deemed to refer to the terms and conditions set forth in the negotiated Contract and associated documentation.

COMMISSIONER Commissioner of OGS, or in the case of Bid Specifications issued by an Authorized User, the head of such Authorized User or their authorized representative.

COMPTROLLER Comptroller of the State of New York.

CONTRACT The writing(s) which contain the agreement of the Commissioner and the Bidder/Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law, and which most typically include the following classifications of public procurements:

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPa. Agency Specific Contracts Contracts where the specifications for a Product or a particular scope of work are described and defined to meet the needs of one or more Authorized User(s).

b. Centralized Contracts Single or multiple award Contracts where the specifications for a Product or general scope of work are described and defined by the Office of General Services to meet the needs of Authorized Users. Centralized Contracts may be awarded through multiple awards or through adoption of another jurisdiction’s contract or on a sole source, single source, emergency or competitive basis. Once established, procurements may be made from the selected Contractor(s) without further competition or Mini-Bid unless otherwise required by the Bid Specifications or Contract Award Notification.

c. Back-Drop Contracts Multiple award Centralized Contracts where the Office of General Services defines the specifications for a Product or general scope of work to meet the needs of Authorized Users. Bids may be submitted either at a date and time certain or may be accepted on a continuous or periodic recruitment basis, as set forth in the Bid Specifications. Selection of a Contractor(s) from among Back-Drop contract holders for an actual Product, project or particular scope of work may subsequently be made on a single or sole source basis, or on the basis of a Mini-Bid among qualified Back-Drop contract holders, or such other method as set forth in the Bid Document.

d. Piggyback Contract A Contract let by any department, agency or instrumentality of the United States government, or any department, agency, office, political subdivision or instrumentality of any state or state(s) which is adopted and extended for use by the OGS Commissioner in accordance with the requirements of the State Finance Law.

e. Contract Letter A letter to the successful Bidder(s) indicating acceptance of its Bid in response to a solicitation. Unless otherwise specified, the issuance of a Letter of Acceptance forms a Contract but is not an order for Product, and Contractor should not take any action with respect to actual Contract deliveries except on the basis of Purchase Orders sent from Authorized User(s).

CONTRACT AWARD NOTIFICATION An announcement to Authorized Users that a Contract has been established.

CONTRACTOR Any successful Bidder(s) to whom a Contract has been awarded by the Commissioner.

DOCUMENTATION The complete set of manuals (e.g., user, installation, instruction or diagnostic manuals) in either hard or electronic copy, which are necessary to enable an Authorized User to properly test, install, operate and enjoy full use of the Product.

EMERGENCY An urgent and unexpected requirement where health and public safety or the conservation of public resources is at risk.

ENTERPRISE The total business operations in the United States of Authorized User (s) without regard to geographic location where such operations are performed or the entity actually performing such operations on behalf of Authorized User.

ENTERPRISE LICENSE A license grant of unlimited rights to deploy, access, use and execute Product anywhere within the Enterprise up to the maximum capacity stated on the Purchase Order or in the Contract.

ERROR CORRECTIONS Machine executable software code furnished by Contractor which corrects the Product so as to conform to the applicable warranties, performance standards and/or obligations of the Contractor.

GROUP A classification of Product, services or technology which is designated by OGS.

INVITATION FOR BIDS (IFB) A type of Bid Document which is most typically used where requirements can be stated and award will be made based on lowest price to the responsive and responsible Bidder(s).

LICENSED SOFTWARE Software transferred upon the terms and conditions set forth in the Contract. “Licensed Software” includes error corrections, upgrades, enhancements or new releases, and any deliverables due under a maintenance or service contract (e.g., patches, fixes, PTFs, programs, code or data conversion, or custom programming).

LICENSEE One or more Authorized Users who acquire Product from Contractor by issuing a Purchase Order in accordance with the terms and conditions of the Contract; provided that, for purposes of compliance with an individual license, the term “Licensee” shall be deemed to refer separately to the individual Authorized User(s) who took receipt of and who is executing the Product, and who shall be solely responsible for performance and liabilities incurred. In the case of acquisitions by State Agencies, the Licensee shall be the State of New York.

LICENSE EFFECTIVE DATE The date Product is delivered to an Authorized User. Where a License involves Licensee’s right to copy a previously licensed and delivered Master Copy of a Program, the license effective date for additional copies shall be deemed to be the date on which the Purchase Order is executed.

LICENSOR A Contractor who transfers rights in proprietary Product to Authorized Users in accordance with the rights and obligations specified in the Contract.

MINI-BID PROJECT DEFINITION A Bid Document containing project specific Bid Specifications developed by or for an Authorized User which solicits Bids from Contractors previously qualified under a Back-Drop Contract.

MULTIPLE AWARD A determination and award of a Contract in the discretion of the Commissioner to more than one responsive and responsible Bidder who meets the requirements of a specification, where the multiple award is made on the grounds set forth in the Bid Document in order to satisfy multiple factors and needs of Authorized Users (e.g., complexity of items, various manufacturers, differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, geographic location or other pertinent factors).

NEW PRODUCT RELEASES (Product Revisions) Any commercially released revisions to the licensed version of a Product as may be generally offered and available to Authorized Users. New releases involve a substantial revision of functionality from a previously released version of the Product.

OGS The New York State Office of General Services.

PROCUREMENT RECORD Documentation by the Authorized User of the decisions made and approach taken during the procurement process and during the contract term.

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PRODUCT A deliverable under any Bid or Contract which may include commodities, services and/or technology. The term “Product” includes Licensed Software.

PROPRIETARY Protected by secrecy, patent, copyright or trademark against commercial competition.

PURCHASE ORDER The Authorized User’s fiscal form or format that is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, electronic Purchase Order, or other authorized instrument).

REQUEST FOR PROPOSALS (RFP) A type of Bid Document that is used for procurements where factors in addition to cost are considered and weighted in awarding the contract and where the method of award is “best value,” as defined by the State Finance Law.

REQUEST FOR QUOTATION (RFQ) A type of Bid Document that can be used when a formal Bid opening is not required (e.g., discretionary, sole source, single source or emergency purchases).

RESPONSIBLE BIDDER A Bidder that is determined to have financial and organizational capacity, legal authority, satisfactory previous performance, skill, judgment and integrity, and that is found to be competent, reliable and experienced, as determined by the Commissioner. For purposes of being deemed responsible, a Bidder must also be determined to be in compliance with Sections 139-j and 139-k of the State Finance Law relative to restrictions on contacts during the procurement process and disclosure of contacts and prior findings of non-responsibility under these statutes.

RESPONSIVE BIDDER A Bidder meeting the specifications or requirements prescribed in the Bid Document or solicitation, as determined by the OGS Commissioner.

SINGLE SOURCE A procurement where two or more Bidders can supply the required Product, and the Commissioner may award the contract to one Bidder over the other.

SITE The location (street address) where Product will be executed or services delivered.

SOLE SOURCE A procurement where only one Bidder is capable of supplying the required Product.

SOURCE CODE The programming statements or instructions written and expressed in any language understandable by a human being skilled in the art which are translated by a language compiler to produce executable machine Object Code.

STATE State of New York.

SUBCONTRACTOR Any individual or other legal entity, (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) who has entered into a contract, express or implied, for the performance of a portion of a Contract with a Contractor.

TERMS OF LICENSE The terms and conditions set forth in the Contract that are in effect and applicable to a Purchase Order at the time of order placement.

VIRUS Any computer code, whether or not written or conceived by Contractor, that disrupts, disables, harms, or otherwise impedes in any manner the operation of the Product, or any other associated

software, firmware, hardware, or computer system (such as local area or wide-area networks), including aesthetic disruptions or distortions, but does not include security keys or other such devices installed by Product manufacturer.

BID SUBMISSION

6. INTERNATIONAL BIDDING All offers (tenders), and all information and Product required by the solicitation or provided as explanation thereof, shall be submitted in English. All prices shall be expressed, and all payments shall be made, in United States Dollars ($US). Any offers (tenders) submitted which do not meet the above criteria will be rejected.

7. BID OPENING Bids may, as applicable, be opened publicly. The Commissioner reserves the right at any time to postpone or cancel a scheduled Bid opening.

8. BID SUBMISSION All Bids are to be packaged, sealed and submitted to the location stated in the Bid Specifications. Bidders are solely responsible for timely delivery of their Bids to the location set forth in the Bid Specifications prior to the stated Bid opening date/time.

A Bid return envelope, if provided with the Bid Specifications, should be used with the Bid sealed inside. If the Bid response does not fit into the envelope, the Bid envelope should be attached to the outside of the sealed box or package with the Bid inside. If using a commercial delivery company that requires use of their shipping package or envelope, Bidder’s sealed Bid, labeled as detailed below, should be placed within the shipper’s sealed envelope to ensure that the Bid is not prematurely opened.

All Bids must have a label on the outside of the package or shipping container outlining the following information:

“BID ENCLOSED (bold print, all capitals)

• Group Number• IFB or RFP Number• Bid Submission date and time”

In the event that a Bidder fails to provide such information on the return Bid envelope or shipping material, the receiving entity reserves the right to open the shipping package or envelope to determine the proper Bid number or Product group, and the date and time of Bid opening. Bidder shall have no claim against the receiving entity arising from such opening and such opening shall not affect the validity of the Bid or the procurement.

Notwithstanding the receiving agency’s right to open a Bid to ascertain the foregoing information, Bidder assumes all risk of late delivery associated with the Bid not being identified, packaged or labeled in accordance with the foregoing requirements.

All Bids must be signed by a person authorized to commit the Bidder to the terms of the Bid Documents and the content of the Bid (offer).

9. FACSIMILE SUBMISSIONS Unless specifically prohibited by the terms of the Bid Specifications, facsimile Bids may be SUBMITTED AT THE SOLE OPTION AND RISK OF THE BIDDER. Only the FAX number(s) indicated in the Bid Specifications may be used. Access to the facsimile machine(s) is on a “first come, first serve” basis, and the Commissioner bears no liability or responsibility and makes no guarantee whatsoever with respect to the Bidder’s access to such equipment at any specific time. Bidders are solely responsible for submission and receipt of the entire

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPfacsimile Bid by the Authorized User prior to Bid opening and must include on the first page of the transmission the total number of pages transmitted in the facsimile, including the cover page. Incomplete, ambiguous or unreadable transmissions in whole or in part may be rejected at the sole discretion of the Commissioner. Facsimile Bids are fully governed by all conditions outlined in the Bid Documents and must be submitted on forms or in the format required in the Bid Specifications, including the executed signature page and acknowledgment.

10. AUTHENTICATION OF FACSIMILE BIDS The act of submitting a Bid by facsimile transmission, including an executed signature page or as otherwise specified in the Bid Documents, shall be deemed a confirming act by Bidder which authenticates the signing of the Bid.

11. LATE BIDS For purposes of Bid openings held and conducted by OGS, a Bid must be received in such place as may be designated in the Bid Documents or if no place is specified in the OGS Mailroom located in the Empire State Plaza, Albany, New York 12242, at or before the date and time established in the Bid Specifications for the Bid opening. For purposes of Bid openings held and conducted by Authorized Users other than OGS, the term late Bid is defined as a Bid not received in the location established in the Bid Specifications at or before the date and time specified for the Bid opening.

Any Bid received at the specified location after the time specified will be considered a late Bid. A late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of the Bid Documents are received or, (ii) in the case of a multiple award, an insufficient number of timely Bids were received to satisfy the multiple award; and acceptance of the late Bid is in the best interests of the Authorized Users. Bids submitted for continuous or periodic recruitment contract awards must meet the submission requirements associated with their specifications. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the Authorized User shall not excuse late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse late Bid submissions. Determinations relative to Bid timeliness shall be at the sole discretion of the Commissioner.

12. BID CONTENTS Bids must be complete and legible. All Bids must be signed. All information required by the Bid Specifications must be supplied by the Bidder on the forms or in the format specified. No alteration, erasure or addition is to be made to the Bid Documents. Changes may be ignored by the Commissioner or may be grounds for rejection of the Bid. Changes, corrections and/or use of white-out in the Bid or Bidder’s response portion of the Bid Document must be initialed by an authorized representative of the Bidder. Bidders are cautioned to verify their Bids before submission, as amendments to Bids or requests for withdrawal of Bids received by the Commissioner after the time specified for the Bid opening, may not be considered.

13. EXTRANEOUS TERMS Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid.

Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or

resulting Contract, but shall be deemed included for informational or promotional purposes only.

Only those extraneous terms that meet all the following requirements may be considered as having been submitted as part of the Bid:

a. Each proposed extraneous term (addition, deletion, counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre-printed form; and

b. The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; and

c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore.

No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract or Purchase Order unless submitted in accordance with the above and the Commissioner or Authorized User expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).

14. CONFIDENTIAL/TRADE SECRET MATERIALSa. Contractor Confidential, trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the Bidder. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by the Commissioner or Authorized User to be sufficient without specific justification as to why disclosure of particular information in the Bid would cause substantial injury to the competitive position of the Bidder. Bidders/Contractors intending to seek an exemption from disclosure of these materials under the Freedom of Information Law must request the exemption in writing, setting forth the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which determination will be made in accordance with statutory procedures. Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder will not be disclosed except as may be required by the Freedom of Information Law or other applicable State and federal laws.

b. Commissioner or Authorized User Contractor further warrants, covenants and represents that any confidential information obtained by Contractor, its agents, Subcontractors, officers, distributors, resellers or employees in the course of performing its obligations, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the State or any Authorized User hereunder or received from another third party, will not be divulged to any third parties. Contractor shall not be required to keep confidential any such material that is publicly available through no fault of Contractor, independently developed by Contractor without reliance on confidential information of the Authorized User, or otherwise obtained under the Freedom of Information Act or other applicable New York State laws and regulations. This warranty shall survive termination of this Contract. Contractor further agrees to take appropriate steps as to its agents, Subcontractors, officers, distributors, resellers or employees regarding the obligations arising under this clause to insure such confidentiality.

15. RELEASE OF BID EVALUATION MATERIALS Requests concerning the evaluation of Bids may be submitted under the Freedom of Information Law. Information, other than statistical or

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPfactual tabulations or data such as the Bid Tabulation, shall only be released as required by law after Contract award. Bid Tabulations are not maintained for all procurements. Names of Bidders may be disclosed after Bid opening upon request. Written requests should be directed to the Commissioner.

16. FREEDOM OF INFORMATION LAW During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the Commissioner to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Commissioner reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.

17. PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

a. “Public Works” and “Building Services” - Definitionsi. Public Works Labor Law Article 8 applies to contracts for

public improvement in which laborers, workers or mechanics are employed on a “public works” project (distinguished from public “procurement” or “service” contracts). The State, a public benefit corporation, a municipal corporation (including a school district), or a commission appointed by law must be a party to the Contract. The wage and hours provision applies to any work performed by Contractor or Subcontractors.

ii. Building Services Labor Law Article 9 applies to Contracts for building service work over $1,500 with a public agency, that: (i) involve the care or maintenance of an existing building, or (ii) involve the transportation of office furniture or equipment to or from such building, or (iii) involve the transportation and delivery of fossil fuel to such building, and (iv) the principal purpose of which is to furnish services through use of building service employees.

b. Prevailing Wage Rate Applicable to Bid Submissions A copy of the applicable prevailing wage rates to be paid or provided are annexed to the Bid Documents. Bidders must submit Bids which are based upon the prevailing hourly wages, and supplements in cash or equivalent benefits (i.e., fringe benefits and any cash or non-cash compensation which are not wages, as defined by law) that equal or exceed the applicable prevailing wage rate(s) for the location where the work is to be performed. Bidders may not submit Bids based upon hourly wage rates and supplements below the applicable prevailing wage rates as established by the New York State Department of Labor. Bids that fail to comply with this requirement will be disqualified.

c. Wage Rate Payments / Changes During Contract Term The wages to be paid under any resulting Contract shall not be less than the prevailing rate of wages and supplements as set forth by law. It is required that the Contractor keep informed of all changes in the Prevailing Wage Rates during the Contract term that apply to the classes of individuals supplied by the Contractor on any projects resulting from this Contract, subject to the provisions of the Labor Law. Contractor is solely liable for and must pay such required prevailing wage adjustments during the Contract term as required by law.

d. Public Posting & Certified Payroll Records In compliance with Article 8, Section 220 of the New York State Labor Law:

i. Posting The Contractor must publicly post on the work site, in a prominent and accessible place, a legible schedule of the prevailing wage rates and supplements.

ii. Payroll Records Contractors and Subcontractors must keep original payrolls or transcripts subscribed and affirmed as true under the penalties of perjury as required by law. For public works contracts over $25,000 where the Contractor maintains no regular place of business in New York State, such records must be kept at the work site. For building services contracts, such records must be kept at the work site while work is being performed.

iii. Submission of Certified Payroll Transcripts for Public Works Contracts Only Contractors and Subcontractors on public works projects must submit monthly payroll transcripts to the Authorized User that has prepared or directs the preparation of the plans and specifications for a public works project, as set forth in the Bid Specifications. For Mini-Bid solicitations, the payroll records must be submitted to the entity preparing the agency Mini-Bid project specification. For “agency specific” Bids, the payroll records should be submitted to the entity issuing the purchase order. For all other OGS Centralized Contracts, such records should be submitted to the individual agency issuing the purchase order(s) for the work. Upon mutual agreement of the Contractor and the Authorized User, the form of submission may be submitted in a specified disk format acceptable to the Department of Labor provided: 1) the Contractor/Subcontractor retains the original records; and, (2) an original signed letter by a duly authorized individual of the Contractor or Subcontractor attesting to the truth and accuracy of the records accompanies the disk. This provision does not apply to Article 9 of the Labor Law building services contracts.

iv. Records Retention Contractors and Subcontractors must preserve such certified transcripts for a period of three years from the date of completion of work on the awarded contract.

Day’s Labor Eight hours shall constitute a legal day's work for all classes of employees in this state except those engaged in farm and domestic service unless otherwise provided by law.

No laborers, workmen or mechanics in the employ of the Contractor, Subcontractor or other person doing or contracting to do all or part of the work contemplated by the Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five calendar days in any one week except in cases of extraordinary emergency including fire, flood or danger to life or property. “Extraordinary emergency” shall be deemed to include situations in which sufficient laborers, workers and mechanics cannot be employed to carry on public work expeditiously as a result of such restrictions upon the number of hours and days of labor and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the NYS Commissioner of Labor for the preservation of the Contract site

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPor for the protection of the life and limb of the persons using the Contract site.

18. TAXESa. Unless otherwise specified in the Bid Specifications or Contract, the quoted Bid price includes all taxes applicable to the transaction.

b. Purchases made by the State of New York and certain non-State Authorized Users are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. To satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under Section 1116 (a) (1) of the Tax Law. Non-State Authorized Users must offer their own proof of exemption upon request. No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

c. Pursuant to Revised Tax Law 5-a, Contractor will be required to furnish sales tax certification on its behalf and for its affiliates, and subcontractors for Contracts with a value greater than $100,000 in accordance with provisions of the law.

d. Purchases by Authorized Users other than the State of New York may be subject to certain taxes which were not included in the Bid price, and in those instances the tax should be computed based on the Contract price and added to the invoice submitted to such entity for payment.

19. EXPENSES PRIOR TO CONTRACT EXECUTION The Commissioner and any Authorized User(s) are not liable for any costs incurred by a Vendor, Bidder or Contractor in the preparation and production of a Bid, Mini-Bid or best and final offers or for any work performed prior to Contract execution.

20. ADVERTISING RESULTS The prior written approval of the Commissioner is required in order for results of the Bid to be used by the Contractor as part of any commercial advertising. The Contractor shall also obtain the prior written approval of the Commissioner relative to the Bid or Contract for press or other media releases.

21. PRODUCT REFERENCESa. “Or Equal ” In all Bid Specifications the words “or equal” are understood to apply where a copyrighted, brand name, trade name, catalog reference, or patented Product is referenced. References to such specific Product are intended as descriptive, not restrictive, unless otherwise stated. Comparable Product will be considered if proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications and test data, etc. The Commissioner’s decision as to acceptance of the Product as equal shall be final.

b. Discrepancies in References In the event of a discrepancy between the model number referenced in the Bid Specifications and the written description of the Products which cannot be reconciled, with respect to such discrepancy, then the written description shall prevail.

22. REMANUFACTURED, RECYCLED, RECYCLABLE OR RECOVERED MATERIALS Upon the conditions specified in the Bid Specifications and in accordance with the laws of the State of New York, Contractors are encouraged to use recycled, recyclable or recovered materials in the manufacture of Products and packaging to the maximum extent practicable without jeopardizing the

performance or intended end use of the Product or packaging unless such use is precluded due to health, welfare, safety requirements or in the Bid Specifications. Contractors are further encouraged to offer remanufactured Products to the maximum extent practicable without jeopardizing the performance or intended end use of the Product and unless such use is precluded due to health, welfare, safety requirements or by the Bid Specifications. Where such use is not practical, suitable, or permitted by the Bid Specifications, Contractor shall deliver new materials in accordance with the “Warranties" set forth below.

Items with recycled, recyclable, recovered, refurbished or remanufactured content must be identified in the Bid or Bidder will be deemed to be offering new Product.

23. PRODUCTS MANUFACTURED IN PUBLIC INSTITUTIONS Bids offering Products that are manufactured or produced in public institutions will be rejected.

24. PRICINGa. Unit Pricing If required by the Bid Specifications, the Bidder should insert the price per unit specified and the price extensions in decimals, not to exceed four places for each item unless otherwise specified, in the Bid. In the event of a discrepancy between the unit price and the extension, the unit price shall govern unless, in the sole judgment of the Commissioner, such unit pricing is obviously erroneous.

b. Net Pricing Unless otherwise required by the Bid Specifications, prices shall be net, including transportation, customs, tariff, delivery and other charges fully prepaid by the Contractor to the destination(s) indicated in the Bid Specifications, subject to the cash discount.

c. “No Charge” Bid When Bids are requested on a number of Products as a Group or Lot, a Bidder desiring to Bid “no charge” on a Product in the Group or Lot must clearly indicate such. Otherwise, such Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of the Commissioner.

d. Educational Pricing All Products to be supplied for educational purposes that are subject to educational discounts shall be identified in the Bid and such discounts shall be made available to qualifying institutions.

e. Third Party Financing If Product acquisitions are financed through any third party financing, Contractor may be required as a condition of Contract Award to agree to the terms and conditions of a “Consent & Acknowledgment Agreement” in a form acceptable to the Commissioner.

f. Best Pricing Offer During the Contract term, if substantially the same or a smaller quantity of a Product is sold by the Contractor outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, at the discretion of the Commissioner, shall be immediately reduced to the lower price.

Price decreases shall take effect automatically during the Contract term and apply to Purchase Orders submitted on or after:(i) GSA Changes: Where NYS Net Prices are based on an approved GSA Schedule, the date the approved GSA Schedule pricing decreases during the Contract term; or(ii) Commercial Price List Reductions: Where NYS Net Prices are based on a discount from Contractor’s list prices, the date

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPContractor lowers its pricing to its customers generally or to similarly situated government customers during the Contract term; or(iii) Special Offers/Promotions Generally: Where Contractor generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or Net Price otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion; and(iv) Special Offers / Promotions to Authorized Users : Contractor may offer Authorized Users, under either this Contract or any other Contracting vehicle, competitive pricing which is lower than the NYS Net Price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract pursuant to the foregoing paragraph (iii).

Unless otherwise specified in the Bid Specifications, Contractor may offer lower prices or better terms (see Modification of Contract Terms) on any specific Purchase Order(s) from any Authorized User without being in conflict with, or obligation to comply on a global basis, with the terms of this clause.

g. Best and Final Prices As specified in the Bid Documents and Contract, a Contractor may be solicited at the time of issuance of a Purchase Order or Mini-Bid award for best and final pricing for the Product or service to be delivered to the Authorized User. Contractors are encouraged to reduce their pricing upon receipt of such request.

25. DRAWINGSa. Drawings Submitted With Bid When the Bid Specifications require the Bidder to furnish drawings and/or plans, such drawings and/or plans shall conform to the mandates of the Bid Documents and shall, when approved by the Commissioner, be considered a part of the Bid and of any resulting Contract. All symbols and other representations appearing on the drawings shall be considered a part of the drawing.

b. Drawings Submitted During the Contract Term Where required to develop, maintain and deliver diagrams or other technical schematics regarding the scope of work, Contractor shall do so on an ongoing basis at no additional charge, and must, as a condition of payment, update drawings and plans during the Contract term to reflect additions, alterations, and deletions. Such drawings and diagrams shall be delivered to the Authorized User’s representative.

c. Accuracy of Drawings Submitted All drawings shall be neat and professional in manner and shall be clearly labeled as to locations and type of product, connections and components. Drawings and diagrams are to be in compliance with accepted drafting standards. Acceptance or approval of such plans shall not relieve the Contractor from responsibility for design or other errors of any sort in the drawings or plans, or from its responsibility for performing as required, furnishing product, services or installation, or carrying out any other requirements of the intended scope of work.

26. SITE INSPECTION Where a site inspection is required by the Bid Specifications or Project Definition, Bidder shall be required to inspect the site, including environmental or other conditions for pre-existing deficiencies that may affect the installed Product, equipment, or environment or services to be provided and, which may affect Bidder’s ability to properly deliver, install or otherwise provide the required Product. All inquiries regarding such conditions shall be made in writing. Bidder shall be deemed to have knowledge of any deficiencies or conditions which such inspection or inquiry might have disclosed. Bidder must provide a detailed explanation with its

Bid if additional work is required under this clause in order to properly complete the delivery and installation of the required Product or provide the requested service.

27. PROCUREMENT CARD The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing a Purchase Orders or Purchase Authorizations. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Cardholders can make purchases directly from any Contractor that accepts the Purchasing Card.

The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirements, the Contractor shall immediately credit a cardholder’s account for products returned as defective or faulty.

28. SAMPLESa. Standard Samples Bid Specifications may indicate that the Product to be purchased must be equal to a standard sample on display in a place designated by the Commissioner and such sample will be made available to the Bidder for examination prior to the opening date. Failure by the Bidder to examine such sample shall not entitle the Bidder to any relief from the conditions imposed by the Bid Specifications.

b. Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference.

A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

c. Enhanced Samples When an approved sample exceeds the minimum specifications, all Product delivered must be of the same enhanced quality and identity as the sample. Thereafter, in the event of a Contractor’s default, the Commissioner may procure a Product substantially equal to the enhanced sample from other sources, charging the Contractor for any additional costs incurred.

d. Conformance with Sample(s) Submission of a sample (whether or not such sample is tested by, or for, the Commissioner) and approval thereof shall not relieve the Contractor from full compliance with all terms and conditions, performance related and otherwise, specified in the Bid Specifications. If in the judgment of the Commissioner the sample or product submitted is not in accordance with the specifications or testing requirements prescribed in the Bid Specifications, the Commissioner may reject the Bid. If an

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPaward has been made, the Commissioner may cancel the Contract at the expense of the Contractor.

e. Testing All samples are subject to tests in the manner and place designated by the Commissioner, either prior to or after Contract award. Unless otherwise stated in the Bid Specifications, Bidder samples consumed or rendered useless by testing will not be returned to the Bidder. Testing costs for samples that fails to meet Contract requirements may be at the expense of the Contractor.

f. Requests For Samples By Authorized Users Requests for samples by Authorized Users require the consent of the Contractor. Where Contractor refuses to furnish a sample, Authorized User may, in its sole discretion, make a determination on the performance capability of the Product or on the issue in question.

BID EVALUATION

29. BID EVALUATION The Commissioner reserves the right to accept or reject any and all Bids, or separable portions of offers, and waive technicalities, irregularities, and omissions if the Commissioner determines the best interests of the State will be served. The Commissioner, in his/her sole discretion, may accept or reject illegible, incomplete or vague Bids and his/her decision shall be final. A conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may be made in compliance with the Bidder’s conditional or revocable terms in the offer.

30. CONDITIONAL BID Unless the Bid Specifications provides otherwise, a Bid is not rendered non-responsive if the Bidder specifies that the award will be accepted only on all or a specified group of items or Product included in the specification. It is understood that nothing herein shall be deemed to change or alter the method of award contained in the Bid Documents.

31. CLARIFICATIONS / REVISIONS Prior to award, the Commissioner reserves the right to seek clarifications, request Bid revisions, or to request any information deemed necessary for proper evaluation of Bids from all Bidders deemed to be eligible for Contract award. Failure to provide requested information may result in rejection of the Bid.

32. PROMPT PAYMENT DISCOUNTS While prompt payment discounts will not be considered in determining the low Bid, the Commissioner may consider any prompt payment discount in resolving Bids which are otherwise tied. However, any notation indicating that the price is net, (e.g., net 30 days), shall be understood to mean only that no prompt payment discount is offered by the Bidder. The imposition of service, interest, or other charges, except pursuant to the provisions of Article 11-A of the State Finance Law, which are applicable in any case, may render the Bid non-responsive and may be cause for its rejection.

33. EQUIVALENT OR IDENTICAL BIDS In the event two offers are found to be substantially equivalent, price shall be the basis for determining the award recipient. If two or more Bidders submit substantially equivalent Bids as to pricing or other factors, the decision of the Commissioner to award a Contract to one or more of such Bidders shall be final.

34. PERFORMANCE AND RESPONSIBILITY QUALIFICATIONS The Commissioner reserves the right to investigate or inspect at any time whether or not the Product, services, qualifications or facilities offered by the Bidder/Contractor meet the requirements set forth in the Bid Specifications/Contract or as set forth during Contract negotiations. Contractor shall at all times

during the Contract term remain responsible and responsive. A Bidder/Contractor must be prepared, if requested by the Commissioner, to present evidence of legal authority to do business in New York State, integrity, experience, ability, prior performance, organizational and financial capacity as well as where applicable, a statement as to supply, plant, machinery and capacity of the manufacturer or source for the production, distribution and servicing of the Product offered/Bid. If the Commissioner determines that the conditions and terms of the Bid Documents, Bid Specifications or Contract are not complied with, or that items, services or Product proposed to be furnished do not meet the specified requirements, or that the legal authority, integrity experience, ability, prior performance, organization and financial capacity or facilities are not satisfactory, the Commissioner may reject such Bid or terminate the Contract.

35. DISQUALIFICATION FOR PAST PERFORMANCE AND FINDINGS OF NON-RESPONSIBILITY Bidder may be disqualified from receiving awards if Bidder, or anyone in Bidder’s employment, has previously failed to perform satisfactorily in connection with public Bidding or contracts or is deemed non-responsible.

36. QUANTITY CHANGES PRIOR TO AWARD The Commissioner reserves the right, at any time prior to the award of a specific quantity Contract, to alter in good faith the quantities listed in the Bid Specifications. In the event such right is exercised, the lowest responsible Bidder meeting Bid Specifications will be advised of the revised quantities and afforded an opportunity to extend or reduce its Bid price in relation to the changed quantities. Refusal by the low Bidder to so extend or reduce its Bid price may result in the rejection of its Bid and the award of such Contract to the lowest responsible Bidder who accepts the revised qualifications.

37. TIMEFRAME FOR OFFERS The Commissioner reserves the right to make awards within sixty (60) days after the date of the Bid opening or such other period of time as set forth in the Bid Documents, during which period, Bids must remain firm and cannot e withdrawn. Pursuant to Section 163(9)(e) of the State Finance Law and Section 2-205 of the Uniform Commercial Code when applicable, where an award is not made within the sixty (60) day period or other time specified as set forth in the Bid Documents, the Bids shall remain firm until such later time as either a Contract is awarded or the Bidder delivers to the Commissioner written notice of the withdrawal of its Bid. Any Bid which expressly states therein that acceptance must be made within a shorter specified time, may at the sole discretion of the Commissioner, be accepted or rejected.

TERMS & CONDITIONS

38. CONTRACT CREATION / EXECUTION Except for contracts governed by Article 11-B of the State Finance Law, subject to and upon receipt of all required approvals as set forth in the Bid Specifications a Contract shall be deemed executed and created with the successful Bidder(s), upon the Commissioner’s mailing or electronic communication to the address on the Bid/Contract of: (i) the final Contract Award Notice; (ii) a fully executed Contract; or (iii) a Purchase Order authorized by the Commissioner.

39. PARTICIPATION IN CENTRALIZED CONTRACTS The following shall not limit or inhibit the OGS Commissioner’s authority under State Finance Law, Section 163 (10) (e) (Piggybacking):

a. Agencies All State Agencies may utilize and purchase under any state Centralized Contract let by the Commissioner, unless the Bid Documents limit purchases to specific State Agencies.

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b. Non-State Agency Authorized Users Authorized Users other than State Agencies are permitted to make purchases through state Centralized Contracts where permitted by law, the Contract or the Commissioner.

c. Voluntary Extension Purchase Orders issued against a State Centralized Contract by any Authorized User not provided for in the Bid Specifications shall be honored by the Contractor at its discretion and only with the approval of the OGS Commissioner and any other approvals required by law. Contractors are encouraged to voluntarily extend service Contracts to those additional entities authorized to utilize commodity Contracts under Section 163 (3) (iv) of the State Finance Law.

d. Responsibility for Performance Participation in state Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-state agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the Contract.

e. Contract Migration Authorized Users holding individual Contracts with a Contractor at the time that Contractor is awarded a Centralized Contract for the same Products or services shall be permitted to migrate to that Centralized Contract effective with its commencement date. Such migration shall not operate to diminish, alter or eliminate any right that the Authorized User otherwise had under the terms and conditions of their individual Contract.

40. MODIFICATION OF CONTRACT TERMS The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor.

The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at the time of such offer.

Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that

Authorized User has subsequently processed such document for approval or payment.

41. SCOPE CHANGES The Commissioner reserves the right, unilaterally, to require, by written order, changes by altering, adding to or deducting from the Bid Specifications, such changes to be within the general scope of the Contract. The Commissioner may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the consent of the Contractor, which consent shall not be unreasonably withheld.

42. ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity(s) is implied or given. Purchases by Authorized Users from Contracts for services and technology are voluntary.

With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

43. EMERGENCY CONTRACTS In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or the Commissioner determines pursuant to his/her authority under Section 163 (10) (b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of Product, the Commissioner reserves the right to obtain such Product from any source, including but not limited to this Contract(s), as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for Product procured from other sources pursuant to this paragraph. The reasons underlying the finding that an emergency exists shall be included in the procurement record.

44. PURCHASE ORDERS Unless otherwise authorized in writing by the Commissioner, no Product is to be delivered or furnished by Contractor until transmittal of an official Purchase Order from the Authorized User. Unless terminated or cancelled pursuant to the authority vested in the Commissioner, Purchase Orders shall be effective and binding upon the Contractor when placed in the mail or electronically transmitted prior to the termination of the contract period, addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification.

All Purchase Orders issued pursuant to Contracts let by the Commissioner must bear the appropriate Contract number and, if necessary, required State approvals. As deemed necessary, the Authorized User may confirm pricing and other Product information with the Contractor prior to placement of the Purchase Order. The State reserves the right to require any other information from the Contractor which the State deems necessary in order to complete any Purchase Order placed under the Contract. Unless otherwise specified, all Purchase Orders against Centralized Contracts will be placed by Authorized Users directly with the Contractor and any discrepancy between the terms stated on the vendor’s order form, confirmation or acknowledgment, and the Contract terms shall be resolved in favor of the terms most favorable to the Authorized User. Should an Authorized User add written terms and conditions to the Purchase Order that conflict with the terms and conditions of the Contract, the Contractor has the option of rejecting the Purchase

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOrder within five business days of its receipt but shall first attempt to negotiate the additional written terms and conditions in good faith with the Authorized User, or fulfill the Purchase Order. Notwithstanding the above, the Authorized User reserves the right to dispute any discrepancies arising from the presentation of additional terms and conditions with the Contractor.

If, with respect to an Agency Specific Contract let by the OGS Commissioner, a Purchase Order is not received by the Contractor within two weeks after the issuance of a Contract Award Notification, it is the responsibility of the Contractor to request in writing that the appropriate Authorized User forward a Purchase Order. If, thereafter, a Purchase Order is not received within a reasonable period of time, the Contractor shall promptly notify in writing the appropriate purchasing officer in OGS. Failure to timely notify such officer may, in the discretion of the OGS Commissioner and without cost to the State, result in the cancellation of such requirement by the OGS Commissioner with a corresponding reduction in the Contract quantity and price.

45. PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

46. WEEKEND AND HOLIDAY DELIVERIES Unless otherwise specified in the Bid Specifications or by an Authorized User, deliveries will be scheduled for ordinary business hours, Monday through Friday (excluding legal holidays observed by the State of New York). Deliveries may be scheduled by mutual agreement for Saturdays, Sundays or legal holidays observed by the State of New York where the Product is for daily consumption, an emergency exists, the delivery is a replacement, delivery is late, or other reasonable circumstance in which event the convenience of the Authorized User shall govern.

47. SHIPPING/RECEIPT OF PRODUCTa. Packaging Tangible Product shall be securely and properly packed for shipment, storage and stocking in appropriate, clearly labeled shipping containers and according to accepted commercial practice, without any extra charges for packing materials, cases or other types of containers. The container shall become and remain the property of the Authorized User unless otherwise specified in the Contract documents.

b. Shipping Charges Unless otherwise stated in the Bid Specifications, all deliveries shall be deemed to be freight on board (F.O.B.) destination tailgate delivery at the dock of the Authorized User. Unless otherwise agreed, items purchased at a price F.O.B. Shipping point plus transportation charges shall not relieve the Contractor from responsibility for safe and proper delivery notwithstanding the Authorized User’s payment of transportation charges. Contractor shall be responsible for ensuring that the Bill of Lading states “charges prepaid” for all shipments.

c. Receipt of Product The Contractor shall be solely responsible for assuring that deliveries are made to personnel authorized to accept delivery on behalf of the Authorized User. Any losses resulting from the Contractor’s failure to deliver Product to authorized personnel shall be borne exclusively by the Contractor.

48. TITLE AND RISK OF LOSS Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed bill of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

49. RE-WEIGHING PRODUCT Deliveries are subject to re-weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

50. PRODUCT SUBSTITUTION In the event a specified manufacturer’s Product listed in the Contract becomes unavailable or cannot be supplied by the Contractor for any reason (except as provided for in the Savings/Force Majeure Clause) a Product deemed in writing by the Commissioner to be equal to or better than the specified Product must be substituted by the Contractor at no additional cost or expense to the Authorized User. Unless otherwise specified, any substitution of Product prior to the Commissioner’s written approval may be cause for cancellation of Contract.

51. REJECTED PRODUCT When Product is rejected, it must be removed by the Contractor from the premises of the Authorized User within ten calendar days of notification of rejection by the Authorized User. Upon notification of rejection, risk of loss of rejected or non-conforming Product shall remain with Contractor. Rejected items not removed by the Contractor within ten calendar days of notification shall be regarded as abandoned by the Contractor, and the Authorized User shall have the right to dispose of Product as its own property. The Contractor shall promptly reimburse the Authorized User for any and all costs and expenses incurred in storage or effecting removal or disposition after the ten-calendar day period.

52. INSTALLATION Where installation is required, Contractor shall be responsible for placing and installing the Product in the required locations. All materials used in the installation shall be of good quality and shall be free from any and all defects that would mar the appearance of the Product or render it structurally unsound. Installation includes the furnishing of any equipment, rigging and materials required to install or place the Product in the proper location. The Contractor shall protect the site from damage for all its work and shall repair damages or injury of any kind caused by the Contractor, its employees, officers or agents. If any alteration, dismantling or excavation, etc. is required to effect installation, the Contractor shall thereafter promptly restore the structure or site. Work shall be performed to cause the least inconvenience to the Authorized User(s) and with proper consideration for the rights of other Contractors or workers. The Contractor shall promptly perform its work and shall coordinate its activities with those of other Contractors. The Contractor shall clean up and remove all debris and rubbish from its work as required or directed. Upon completion of

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPthe work, the building and surrounding area of work shall be left clean and in a neat, unobstructed condition, and everything in satisfactory repair and order.

53. REPAIRED OR REPLACED PARTS / COMPONENTS Where the Contractor is required to repair, replace or substitute Product or parts or components of the Product under the Contract, the repaired, replaced or substituted Products shall be subject to all terms and conditions for new parts and components set forth in the Contract including Warranties, as set forth in the Additional Warranties Clause herein. Replaced or repaired Product or parts and components of such Product shall be new and shall, if available, be replaced by the original manufacturer’s component or part. Remanufactured parts or components meeting new Product standards may be permitted by the Commissioner or Authorized User. Before installation, all proposed substitutes for the original manufacturer’s installed parts or components must be approved by the Authorized User. The part or component shall be equal to or of better quality than the original part or component being replaced.

54. ON-SITE STORAGE With the written approval of the Authorized User, materials, equipment or supplies may be stored at the Authorized User’s site at the Contractor’s sole risk.

55. EMPLOYEES, SUBCONTRACTORS & AGENTS All employees, Subcontractors or agents performing work under the Contract must be trained staff or technicians who meet or exceed the professional, technical and training qualifications set forth in the Bid Specifications or the Bid Documents, whichever is more restrictive, and must comply with all security and administrative requirements of the Authorized User. The Commissioner reserves the right to conduct a security background check or otherwise approve any employee, Subcontractor or agent furnished by Contractor and to refuse access to or require replacement of any personnel for cause based on, including but not limited to, professional, technical or training qualifications, quality of work or change in security status or non-compliance with Authorized User’s security or other requirements. Such approval shall not relieve the Contractor of the obligation to perform all work in compliance with the Contract terms. The Commissioner reserves the right to reject and/or bar from the facility for cause any employee, Subcontractor, or agents of the Contractor.

56. ASSIGNMENT The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or its right, title or interest therein, or its power to execute such contract to any other person, company, firm or corporation in performance of the contract without the prior written consent of the Commissioner or Authorized User (as applicable). Failure to obtain consent to assignment from the Authorized User shall revoke and annul such Contract. Notwithstanding the foregoing, the State shall not hinder, prevent or affect assignment of money by a Contractor for the benefit of its creditors. Prior to a consent to assignment of monies becoming effective, the Contractor shall file a written notice of such monies assignment(s) with the Comptroller. Prior to a consent to assignment of a Contract, or portion thereof, becoming effective, the Contractor shall submit the request to assignment to the Commissioner and seek written agreement from the Commissioner which will be filed with the Comptroller. The Commissioner reserves the right to reject any proposed assignee in his/her discretion.

Upon notice to the Contractor, the Contract may be assigned without the consent of the Contractor to another State Agency or subdivision of the State pursuant to a governmental reorganization or assignment of functions under which the functions are transferred to a successor Agency or to another Agency that assumes OGS responsibilities for the Contract.

57. SUBCONTRACTORS AND SUPPLIERS The Commissioner reserves the right to reject any proposed Subcontractor or supplier for bona fide business reasons, which may include, but are not limited to: they are on the Department of Labor’s list of companies with which New York State cannot do business; the Commissioner determines that the company is not qualified; the Commissioner determines that the company is not responsible; the company has previously provided unsatisfactory work or services; the company failed to solicit minority and women’s business enterprises (M/WBE) Bidders as required by prior Contracts.

58. PERFORMANCE / BID BOND The Commissioner reserves the right to require a Bidder or Contractor to furnish without additional cost, a performance, payment or Bid bond or negotiable irrevocable letter of credit or other form of security for the faithful performance of the Contract. Where required, such bond or other security shall be in the form prescribed by the Commissioner.

59. SUSPENSION OF WORK The Commissioner, in his/her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, in the best interests of the Authorized User. In the event of such suspension, the Contractor will be given a formal written notice outlining the particulars of such suspension. Examples of the reason for such suspension include, but are not limited to, a budget freeze or reduction on State spending, declaration of emergency, contract compliance issues or other such circumstances. Upon issuance of such notice, the Contractor is not to accept any Purchase Orders, and shall comply with the suspension order. Activity may resume at such time as the Commissioner issues a formal written notice authorizing a resumption of performance under the Contract.

An Authorized User may issue a formal written notice for the suspension of work for which it has engaged the Contractor for reasons specified in the above paragraph. The written notice shall set forth the reason for such suspension and a copy of the written notice shall be provided to the Commissioner.

60. TERMINATIONa. For Cause: For a material breach that remains uncured for more than thirty (30) days or other specified period after written notice to the Contractor, the Contract or Purchase Order may be terminated by the Commissioner or Authorized User at the Contractor’s expense where Contractor becomes unable or incapable of performing, or meeting any requirements or qualifications set forth in the Contract, or for non-performance, or upon a determination that Contractor is non-responsible. Such termination shall be upon written notice to the Contractor. In such event, the Commissioner or Authorized User may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

b. For Convenience: By written notice, this Contract may be terminated at any time by the State for convenience upon sixty (60) days written notice or other specified period without penalty or other early termination charges due. Such termination of the Contract shall not affect any project or Purchase Order that has been issued under the Contract prior to the date of such termination. If the Contract is terminated pursuant to this subdivision, the Authorized User shall remain liable for all accrued but unpaid charges incurred through the date of the termination. Contractor shall use due diligence and provide any outstanding deliverables.

c. For Violation of the Sections 139-j and 139-k of the State Finance Law: The Commissioner reserves the right to terminate the Contract in the event it is found that the certification filed by the Bidder in accordance with Section 139-k of the State Finance Law was intentionally false or intentionally incomplete. Upon such

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPfinding, the Commissioner may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the Contract.

d. For Violation of Revised Tax Law 5a: The Commissioner reserves the right to terminate the contract in the event it is found that the certification filed by the Contractor in accordance with §5-a of the Tax Law is not timely filed during the term of the Contract or the certification furnished was intentionally false or intentionally incomplete. Upon such finding, the Commissioner may exercise its termination right by providing written notification to the Contractor.

61. SAVINGS/FORCE MAJEURE A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled. Force majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract which non- performance, by exercise of reasonable diligence, cannot be prevented. Contractor shall provide the Commissioner with written notice of any force majeure occurrence as soon as the delay is known.

Neither the Contractor nor the Commissioner shall be liable to the other for any delay in or failure of performance under the Contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed.

Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State or to Authorized Users, the Commissioner may:

a. Accept allocated performance or deliveries from the Contractor. The Contractor, however, hereby agrees to grant preferential treatment to Authorized Users with respect to Product subjected to allocation; and/or

b. Purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State; or

c. Terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof.

In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss.

62. CONTRACT BILLINGS Contractor and the distributors/resellers designated by the Contractor, if any, shall

provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billings for Authorized Users must contain all information required by the Contract and the State Comptroller. The State Comptroller shall render payment for Authorized User purchases, and such payment shall be made in accordance with ordinary State procedures and practices. Payment of Contract purchases made by Authorized Users, other than Agencies, shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User.

Submission of an invoice and payment thereof shall not preclude the Commissioner from reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate.

Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the billings. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract.

63. DEFAULT – AUTHORIZED USERa. Breach of Authorized User Not Breach of Centralized Contract. An Authorized User’s breach shall not be deemed a breach of the Centralized Contract, rather it shall be deemed a breach of the Authorized User’s performance under the terms and conditions of the Centralized Contract.

b. Failure to Make Payment. In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within 60 days of such delivery and acceptance, the Contractor may, upon 10 days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

c. Notice of Breach. Notwithstanding the foregoing, the Contractor shall, at least 10 days prior to declaring a breach of Contract by any Authorized User, by certified or registered mail, notify both the Commissioner and the purchasing official of the breaching Authorized User of the specific facts, circumstances and grounds upon which a breach will be declared.

d. It is understood, however, that if the Contractor’s basis for declaring a breach is insufficient, the Contractor’s declaration of breach and failure to service an Authorized User shall constitute a breach of its Contract and the Authorized User may thereafter seek any remedy available at law or equity.

64. INTEREST ON LATE PAYMENTSa. State Agencies The payment of interest on certain payments due and owed by Agency may be made in accordance with Article 11-A of the State Finance Law (SFL §179-d et. Seq.) and Title 2 of the New York Code of Rules and Regulations, Part 18 (Implementation of Prompt Payment Legislation -2 NYCRR §18.1 et seq.).

b. By Non - State Agencies The terms of Article 11-A apply only to procurements by and the consequent payment obligations of Agencies. Neither expressly nor by any implication is the statute applicable to Non-State Authorized Users. Neither OGS nor the

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPState Comptroller is responsible for payments on any purchases made by a Non-State Agency Authorized User.

c. By Contractor Should the Contractor be liable for any payments to the State hereunder, interest, late payment charges and collection fee charges will be determined and assessed pursuant to Section 18 of the State Finance Law.

65. REMEDIES FOR BREACH It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

a. Cover / Substitute Performance In the event of Contractor's material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement Product of lesser or greater quality.

Such purchases may, in the discretion of the Commissioner, be deducted from the Contract quantity and payments due Contractor.

b. Withhold Payment In any case where a question of non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should the amount withheld be finally paid, a cash discount originally offered may be taken as if no delay in payment had occurred.

c. Bankruptcy In the event that the Contractor files a petition under the U.S. Bankruptcy Code during the term of this Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies due the Debtor or, under the Doctrine of Recoupment, credit the Authorized User the amounts owed by the Contractor arising out of the same transactions.

d. Reimbursement of Costs Incurred The Contractor agrees to reimburse the Authorized User promptly for any and all additional costs and expenses incurred for acquiring acceptable services, and/or replacement Product. Should the cost of cover be less than the Contract price, the Contractor shall have no claim to the difference. The Contractor covenants and agrees that in the event suit is successfully prosecuted for any default on the part of the Contractor, all costs and expenses expended or incurred by the Authorized User in connection therewith, including reasonable attorney’s fees, shall be paid by the Contractor.

Where the Contractor fails to timely deliver pursuant to the guaranteed delivery terms of the Contract, the ordering Authorized User may rent substitute equipment temporarily. Any sums expended for such rental shall, upon demand, be reimbursed to the Authorized User promptly by the Contractor or deducted by the Authorized User from payments due or to become due the Contractor on the same or another transaction.

e. Deduction / Credit Sums due as a result of these remedies may be deducted or offset by the Authorized User from payments due, or to become due, the Contractor on the same or another transaction. If no deduction or only a partial deduction is made in such fashion the Contractor shall pay to the Authorized User the amount of such claim or portion of the claim still outstanding, on demand. The Commissioner reserves the right to determine the disposition of any rebates, settlements, restitution, liquidated damages, etc., which arise from the administration of the Contract.

66. ASSIGNMENT OF CLAIM Contractor hereby assigns to the State any and all its claims for overcharges associated with this Contract which may arise under the antitrust laws of the United States, 15 USC Section 1, et. seq. and the antitrust laws of the State of New York, General Business Law Section 340, et. seq.

67. TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide such Authorized User with not less than two copies of a material safety data sheet, which sheet shall include for each such substance the information outlined in Section 876 of the Labor Law.

Before any chemical product is used or applied on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Authorized User agency representative.

68. INDEPENDENT CONTRACTOR It is understood and agreed that the legal status of the Contractor, its agents, officers and employees under this Contract is that of an independent Contractor, and in no manner shall they be deemed employees of the Authorized User, and therefore are not entitled to any of the benefits associated with such employment. The Contractor agrees, during the term of this Contract, to maintain at Contractor’s expense those benefits to which its employees would otherwise be entitled by law, including health benefits, and all necessary insurance for its employees, including worker’s compensation, disability and unemployment insurance, and to provide the Authorized User with certification of such insurance upon request. The Contractor remains responsible for all applicable federal, state and local taxes, and all FICA contributions.

69. SECURITY Contractor warrants, covenants and represents that it will comply fully with all security procedures of the Authorized User(s) in performance of the Contract including but not limited to physical, facility, documentary and cyber security rules, procedures and protocols.

70. COOPERATION WITH THIRD PARTIES The Contractor shall be responsible for fully cooperating with any third party, including but not limited to other Contractors or Subcontractors of the Authorized User, as necessary to ensure delivery of Product or coordination of performance of services.

71. CONTRACT TERM - RENEWAL In addition to any stated renewal periods in the Contract, any Contract or unit portion thereof let by the Commissioner may be extended by the Commissioner for an additional period(s) of up to one year with the written concurrence of the Contractor and Comptroller. Such extension may be exercised on a month to month basis or in other stated periods of time during the one year extension.

72. ADDITIONAL WARRANTIES Where Contractor, product manufacturer or service provider generally offers additional or more advantageous warranties than set forth below, Contractor shall offer or pass through any such warranties to Authorized Users. Contractor hereby warrants and represents:

a. Product Performance Contractor warrants and represents that Products delivered pursuant to this Contract conform to the manufacturer's specifications, performance standards and documentation, and the documentation fully describes the proper procedure for using the Products.

b. Title and Ownership Warranty Contractor warrants, represents and conveys (i) full ownership, clear title free of all liens, or (ii) the right to transfer or deliver perpetual license rights to any Products transferred to Authorized User under this Contract.

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPContractor shall be solely liable for any costs of acquisition associated therewith. Contractor fully indemnifies the Authorized User for any loss, damages or actions arising from a breach of said warranty without limitation.

c. Contractor Compliance Contractor represents and warrants to pay, at its sole expense, for all applicable permits, licenses, tariffs, tolls and fees to give all notices and comply with all laws, ordinances, rules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract. Prior to award and during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or exceeds all requirements of the Bid/Contract and any applicable laws, including but not limited to, permits, insurance coverage, licensing, proof of coverage for worker’s compensation, and shall provide such proof as required by the Commissioner. Failure to do so may constitute grounds for the Commissioner to cancel or suspend this Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner.

d. Product Warranty Unless recycled or recovered materials are available in accordance with the “Recycled or Recovered Materials” clause, Product offered shall be standard new equipment, current model or most recent release of regular stock product with all parts regularly used with the type of equipment offered; and no attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practice.

Contractor further warrants and represents that components or deliverables specified and furnished by or through Contractor shall individually, and where specified and furnished as a system, be substantially uninterrupted or error-free in operation and guaranteed against faulty material and workmanship for the warranty period, or for a minimum of one (1) year from the date of acceptance, whichever is longer (“Project warranty period”). During the Project warranty period, defects in the materials or workmanship of components or deliverables specified and furnished by or through Contractor shall be repaired or replaced by Contractor at no cost or expense to the Authorized User. Contractor shall extend the Project warranty period for individual component(s), or for the System as a whole, as applicable, by the cumulative period(s) of time, after notification, during which an individual component or the System requires servicing or replacement (down time) or is in the possession of the Contractor, its agents, officers, Subcontractors, distributors, resellers or employees (“extended warranty”).

Where Contractor, the Independent Software Vendor “ISV,” or other third party manufacturer markets any Project Deliverable delivered by or through Contractor with a standard commercial warranty, such standard warranty shall be in addition to, and not relieve the Contractor from, Contractor’s warranty obligations during the project warranty and extended warranty period(s). Where such standard commercial warranty covers all or some of the Project warranty or extended warranty period(s), Contractor shall be responsible for the coordination during the Project warranty or extended warranty period(s) with ISV or other third party manufacturer(s) for warranty repair or replacement of ISV or other third party manufacturer’s Product.

Where Contractor, ISV or other third party manufacturer markets any Project Deliverable with a standard commercial warranty which goes beyond the Project warranty or extended warranty period(s), Contractor shall notify the Authorized User and pass through the manufacturer’s standard commercial warranty to Authorized User at no additional charge; provided, however, that Contractor shall not be responsible for coordinating services under the third party extended

warranty after expiration of the Project warranty and extended warranty period(s).

e. Replacement Parts Warranty If during the regular or extended warranty period’s faults develop, the Contractor shall promptly repair or, upon demand, replace the defective unit or component part affected. All costs for labor and material and transportation incurred to repair or replace defective Product during the warranty period shall be borne solely by the Contractor, and the State or Authorized User shall in no event be liable or responsible therefor.

Any part of component replaced by the Contractor under the Contract warranty shall be replaced at no cost to the Authorized User and guaranteed for the greater of: a) the warranty period under paragraph (d) above; or b) if a separate warranty for that part or component is generally offered by the manufacturer, the standard commercial warranty period offered by the manufacturer for the individual part or component.

f. Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not responsible for viruses introduced at Licensee’s site.

g. Date/Time Warranty Contractor warrants that Product(s) furnished pursuant to this Contract shall, when used in accordance with the Product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific Products must perform as a package or system, this warranty shall apply to the Products as a system.

Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g., billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor’s business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting therefrom, including but not limited to the failure or untimely performance of such services.

This Date/Time Warranty shall survive beyond termination or expiration of this contract through: a) ninety (90) days or b) the Contractor’s or Product manufacturer/developer’s stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty.

h. Workmanship Warranty Contract warrants that all components or deliverables specified and furnished by or through Contractor under the Project Definition/Work Order meet the completion criteria set forth in the Project Definition/Work Order and any subsequent statement(s) of work, and that services will be provided in a workmanlike manner in accordance with industry standards.

i. Survival of Warranties All warranties contained in this Contract shall survive the termination of this Contract.

73. LEGAL COMPLIANCE Contractor represents and warrants that it shall secure all notices and comply with all laws, ordinances,

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPrules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract. Prior to award and during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or exceeds all requirements of the Bid and Contract and any applicable laws, including but not limited to, permits, licensing, and shall provide such proof as required by the Commissioner. Failure to comply or failure to provide proof may constitute grounds for the Commissioner to cancel or suspend the Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner. Contractor also agrees to disclose information and provide affirmations and certifications to comply with Sections 139-j and 139-k of the State Finance Law.

74. INDEMNIFICATION Contractor shall be fully liable for the actions of its agents, employees, partners or Subcontractors and shall fully indemnify and save harmless the Authorized Users from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by any intentional act or negligence of Contractor, its agents, employees, partners or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of the Authorized Users.

75. INDEMNIFICATION RELATING TO THIRD PARTY RIGHTS The Contractor will also indemnify and hold the Authorized Users harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs that may be finally assessed against the Authorized Users in any action for infringement of a United States Letter Patent, or of any copyright, trademark, trade secret or other third party proprietary right except to the extent such claims arise from the Authorized Users gross negligence or willful misconduct, provided that the State shall give Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor.

If usage shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following order of precedence: (i) to procure for the Authorized User the right to continue Usage (ii) to modify the service or Product so that Usage becomes non-infringing, and is of at least equal quality and performance; or (iii) to replace said service or Product or part(s) thereof, as applicable, with non-infringing service or Product of at least equal quality and performance. If the above remedies are not available, the parties shall terminate the Contract, in whole or in part as necessary and applicable, provided the Authorized User is given a refund for any amounts paid for the period during which Usage was not feasible.

The foregoing provisions as to protection from third party rights shall not apply to any infringement occasioned by modification by the Authorized User of any Product without Contractor’s approval.

In the event that an action at law or in equity is commenced against the Authorized User arising out of a claim that the Authorized User's use of the service or Product under the Contract infringes any patent, copyright or proprietary right, and Contractor is of the opinion that the allegations in such action in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Authorized User and the Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify

under the terms and conditions of the Contract. Contractor shall in such event protect the interests of the Authorized User and secure a continuance to permit the Authorized User to appear and defend its interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the Authorized User may have. This constitutes the Authorized User’s sole and exclusive remedy for patent infringement, or for infringement of any other third party proprietary right.

76. LIMITATION OF LIABILITY Except as otherwise set forth in the Indemnification Paragraphs above, the limit of liability shall be as follows:

a. Contractor’s liability for any claim, loss or liability arising out of, or connected with the Products and services provided, and whether based upon default, or other liability such as breach of contract, warranty, negligence, misrepresentation or otherwise, shall in no case exceed direct damages in: (i) an amount equal to two (2) times the charges specified in the Purchase Order for the Products and services, or parts thereof forming the basis of the Authorized User’s claim, (said amount not to exceed a total of twelve (12) months charges payable under the applicable Purchase Order) or (ii) one million dollars ($1,000,000), whichever is greater.

b. The Authorized User may retain such monies from any amount due Contractor as may be necessary to satisfy any claim for damages, costs and the like asserted against the Authorized User unless Contractor at the time of the presentation of claim shall demonstrate to the Authorized User’s satisfaction that sufficient monies are set aside by the Contractor in the form of a bond or through insurance coverage to cover associated damages and other costs.

c. Notwithstanding the above, neither the Contractor nor the Authorized User shall be liable for any consequential, indirect or special damages of any kind which may result directly or indirectly from such performance, including, without limitation, damages resulting from loss of use or loss of profit by the Authorized User, the Contractor, or by others.

77. INSURANCE Contractor shall secure and maintain insurance coverage as specified in the Bid Documents and shall promptly provide documentation of specified coverages to the Authorized User. If specified, the Contractor may be required to add the Authorized User as an additional insured.

THE FOLLOWING CLAUSES PERTAIN TOTECHNOLOGY & NEGOTIATED CONTRACTS

78. SOFTWARE LICENSE GRANT Where Product is acquired on a licensed basis the following shall constitute the license grant:

a. License Scope Licensee is granted a non-exclusive, perpetual license to use, execute, reproduce, display, perform, or merge the Product within its business enterprise in the United States up to the maximum licensed capacity stated on the Purchase Order. Product may be accessed, used, executed, reproduced, displayed or performed up to the capacity measured by the applicable licensing unit stated on the Purchase Order (i.e., payroll size, number of employees, CPU, MIPS, MSU, concurrent user, workstation). Licensee shall have the right to use and distribute modifications or customizations of the Product to and for use by any Authorized Users otherwise licensed to use the Product, provided that any modifications, however extensive, shall not diminish Licensor’s proprietary title or interest. No license, right or interest in any trademark, trade name, or service mark is granted hereunder.

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPb. License Term The license term shall commence upon the License Effective Date, provided, however, that where an acceptance or trial period applies to the Product, the License Term shall be extended by the time period for testing, acceptance or trial.

c. Licensed Documentation If commercially available, Licensee shall have the option to require the Contractor to deliver, at Contractor’s expense: (i) one (1) hard copy and one (1) master electronic copy of the Documentation in a mutually agreeable format; (ii) based on hard copy instructions for access by downloading from the Internet (iii) hard copies of the Product Documentation by type of license in the following amounts, unless otherwise mutually agreed:

• Individual/Named User License - one (1) copy per License• Concurrent Users - 10 copies per site• Processing Capacity - 10 copies per site

Software media must be in a format specified by the Authorized User, without requiring any type of conversion.

Contractor hereby grants to Licensee a perpetual license right to make, reproduce (including downloading electronic copies of the Product) and distribute, either electronically or otherwise, copies of Product Documentation as necessary to enjoy full use of the Product in accordance with the terms of license.

d. Product Technical Support & Maintenance Licensee shall have the option of electing the Product technical support and maintenance (“maintenance”) set forth in the Contract by giving written notice to Contractor any time during the Centralized Contract term. Maintenance term(s) and any renewal(s) thereof are independent of the expiration of the Centralized Contract term and will not automatically renew.

Maintenance shall include, at a minimum, (i) the provision of error corrections, updates, revisions, fixes, upgrade and new releases to Licensee, and (ii) Help Desk assistance with locally accessible “800” or toll free, local telephone service, or alternatively on-line Help Desk accessibility. Contractor shall maintain the Products so as to provide Licensee with the ability to utilize the Products in accordance with the Product documentation without significant functional downtime to its ongoing business operations during the maintenance term.

Authorized User shall not be required to purchase maintenance for use of Product, and may discontinue maintenance at the end of any current maintenance term upon notice to Contractor. In the event that Authorized User does not initially acquire or discontinues maintenance of licensed Product, it may, at any time thereafter, reinstate maintenance for Product without any additional penalties or other charges, by paying Contractor the amount which would have been due under the Contract for the period of time that such maintenance had lapsed, at then current NYS net maintenance rates.

e. Permitted License Transfers As Licensee’s business operations may be altered, expanded or diminished, licenses granted hereunder may be transferred or combined for use at an alternative or consolidated site not originally specified in the license, including transfers between Agencies (“permitted license transfers”). Licensee(s) do not have to obtain the approval of Contractor for permitted license transfers, but must give thirty (30) days prior written notice to Contractor of such move(s) and certify in writing that the Product is not in use at the prior site. There shall be no additional license or other transfer fees due Contractor, provided that: i) the maximum capacity of the consolidated machine is equal to the combined individual license capacity of all licenses running at the consolidated or transferred site (e.g., named users, seats, or MIPS); or

ii) if the maximum capacity of the consolidated machine is greater than the individual license capacity being transferred, a logical or physical partition or other means of restricting access will be maintained within the computer system so as to restrict use and access to the Product to that unit of licensed capacity solely dedicated to beneficial use for Licensee. In the event that the maximum capacity of the consolidated machine is greater than the combined individual license capacity of all licenses running at the consolidated or transferred site, and a logical or physical partition or other means of restricting use is not available, the fees due Contractor shall not exceed the fees otherwise payable for a single license for the upgrade capacity.

f. Restricted Use By Outsourcers / Facilities Management, Service Bureaus / or Other Third Parties Outsourcers, facilities management or service bureaus retained by Licensee shall have the right to use the Product to maintain Licensee’s business operations, including data processing, for the time period that they are engaged in such activities, provided that: 1) Licensee gives notice to Contractor of such party, site of intended use of the Product, and means of access; and 2) such party has executed, or agrees to execute, the Product manufacturer’s standard nondisclosure or restricted use agreement which executed agreement shall be accepted by the Contractor (“Non-Disclosure Agreement”); and 3) if such party is engaged in the business of facility management, outsourcing, service bureau or other services, such third party will maintain a logical or physical partition within its computer system so as to restrict use and access to the program to that portion solely dedicated to beneficial use for Licensee. In no event shall Licensee assume any liability for third party’s compliance with the terms of the Non-Disclosure Agreement, nor shall the Non-Disclosure Agreement create or impose any liabilities on the State or Licensee.

Any third party with whom a Licensee has a relationship for a state function or business operation, shall have the temporary right to use Product (e.g., JAVA Applets), provided that such use shall be limited to the time period during which the third party is using the Product for the function or business activity.

g. Archival Back-Up and Disaster Recovery Licensee may use and copy the Product and related Documentation in connection with: i) reproducing a reasonable number of copies of the Product for archival backup and disaster recovery procedures in the event of destruction or corruption of the Product or disasters or emergencies which require Licensee to restore backup(s) or to initiate disaster recovery procedures for its platform or operating systems; ii) reproducing a reasonable number of copies of the Product and related Documentation for cold site storage. “Cold Site” storage shall be defined as a restorable back-up copy of the Product not to be installed until and after the declaration by the Licensee of a disaster; iii) reproducing a back-up copy of the Product to run for a reasonable period of time in conjunction with a documented consolidation or transfer otherwise allowed herein. “Disaster Recovery” shall be defined as the installation and storage of Product in ready-to-execute, back-up computer systems prior to disaster or breakdown which is not used for active production or development.

h. Confidentiality Restrictions The Product is a trade secret, copyrighted and proprietary product. Licensee and its employees will keep the Product strictly confidential, and Licensee will not disclose or otherwise distribute or reproduce any Product to anyone other than as authorized under the terms of Contract. Licensee will not remove or destroy any proprietary markings of Contractor.

i. Restricted Use by Licensee Except as expressly authorized by the terms of license, Licensee shall not:

(i) Copy the Product;

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(ii) Cause or permit reverse compilation or reverse assembly of all or any portion of the Product;

(iii) Export the Licensed Software in violation of any U.S. Department of Commerce export administration regulations.

79. PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use.

Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test.

In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind.

If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

80. AUDIT OF LICENSED PRODUCT USAGE Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy of the Product resides provided that: (i) Contractor gives Licensee(s) at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual

agreement of the parties. Contractor shall recommend a minimum of three (3) auditing/accounting firms from which the Licensee will select one (1). In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information Association (SIIA) or Federation Against Software Theft (FAST) be used directly or indirectly to conduct audits, or be recommended by Contractor; (iv) Contractor and Licensee are each entitled to designate a representative who shall be entitled to participate, and who shall mutually agree on audit format, and simultaneously review all information obtained by the audit. Such representatives also shall be entitled to copies of all reports, data or information obtained from the audit; and (v) if the audit shows that such party is not in compliance, Licensee shall be required to purchase additional licenses or capacities necessary to bring it into compliance and shall pay for the unlicensed capacity at the NYS Net Price in effect at time of audit, or if none, then at the Contractor’s U.S. Commercial list price. Once such additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall have no further liability of any kind for the unauthorized use of the software.

81. OWNERSHIP/TITLE TO PROJECT DELIVERABLESa. Definitions

(i) For purposes of this paragraph, “Products.” A deliverable furnished under this Contract by or through Contractor, including existing and custom Products, including, but not limited to: a) components of the hardware environment, b) printed materials (including but not limited to training manuals, system and user documentation, reports, drawings), whether printed in hard copy or maintained on diskette, CD, DVD or other electronic media c) third party software, d) modifications, customizations, custom programs, program listings, programming tools, data, modules, components, and e) any properties embodied therein, whether in tangible or intangible form (including but not limited to utilities, interfaces, templates, subroutines, algorithms, formulas, source code, object code).

(ii) For purposes of this paragraph, “Existing Products.” Tangible Products and intangible licensed Products that exist prior to the commencement of work under the Contract. Contractor bears the burden of proving that a particular product was in existence prior to the commencement of the Project.

(iii) For purposes of this paragraph, “Custom Products.” Products, preliminary, final or otherwise, which are created or developed by Contractor, its Subcontractors, partners, employees or agents for Authorized User under the Contract.

b. Title to Project Deliverables Contractor acknowledges that it is commissioned by the Authorized User to perform the services detailed in the Purchase Order. Unless otherwise specified in writing in the Bid or Purchase Order, the Authorized User shall have ownership and license rights as follows:

(i) Existing Products:1. Hardware - Title and ownership of Existing Hardware

Product shall pass to Authorized User upon Acceptance.2. Software - Title and ownership to Existing Software

Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed Product”), whether or not embedded in, delivered or operating in conjunction with hardware or Custom Products, shall remain with Contractor or the proprietary owner of other independent software vendor(s) (ISV). Effective upon acceptance, such Product shall be licensed to Authorized User in accordance with the Contractor or ISV owner’s standard license agreement, provided, however, that such standard license, must, at a minimum: (a) grant Authorized User a non-exclusive, perpetual

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPlicense to use, execute, reproduce, display, perform, adapt (unless Contractor advises Authorized User as part of Contractor’s proposal that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the Authorized User up to the license capacity stated in the Purchase Order or work order with all license rights necessary to fully effect the general business purpose(s) stated in the Bid or Authorized User’s Purchase Order or work order, including the financing assignment rights set forth in paragraph (c) below; and (b) recognize the State of New York as the licensee where the Authorized User is a state agency, department, board, commission, office or institution. Where these rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these rights at its sole cost and expense. The Authorized User shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this paragraph.

(ii.) Custom Products: Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

c. Transfers or Assignments to a Third Party Financing Agent It is understood and agreed by the parties that a condition precedent to the consummation of the purchase (s) under the Contract may be the obtaining of acceptable third party financing by the Authorized User. The Authorized User shall make the sole determination of the acceptability of any financing proposal. The Authorized User will make all reasonable efforts to obtain such financing, but makes no representation that such financing has been obtained as of the date of Bid receipt. Where financing is used, Authorized User may assign or transfer its rights in Licensed Products (existing or custom) to a third party financing entity or trustee (“Trustee”) as collateral where required by the terms of the financing agreement. Trustee’s sole rights with respect to transferability or use of Licensed Products shall be to exclusively sublicense to Authorized User all of its Licensee’s rights under the terms and conditions of the License Agreement; provided, further, however, in the event of any termination or expiration of such sublicense by reason of payment in full, all of Trustee’s rights in such Licensed Product shall terminate immediately and Authorized User’s prior rights to such Existing Licensed Product shall be revived.

d. Sale or License of Custom Products Involving Tax-Exempt Financing (i.e., Certificates of Participation - COPS) The Authorized User’s sale or other transfer of Custom Products which were acquired by the Authorized User using third party, tax-exempt financing may not occur until such Custom Products are, or become, useable. In the event that the Contractor wishes to obtain ownership rights to Custom Product(s), the sale or other transfer shall be at fair market value

determined at the time of such sale or other transfer, and must be pursuant to a separate written agreement in a form acceptable to the Authorized User which complies with the terms of this paragraph.

e. Contractor’s Obligation with Regard to ISV (Third Party) Product Where Contractor furnishes Existing Licensed Product(s) as a Project Deliverable, and sufficient rights necessary to effect the purposes of this section are not otherwise provided in the Contractor or ISV’s standard license agreement, Contractor shall be responsible for obtaining from the ISV third party proprietary owner/developer the rights set forth herein to the benefit of the Authorized User at Contractor’s sole cost and expense.

82. PROOF OF LICENSE The Contractor must provide to each Licensee who places a Purchase Order either: (i) the Product developer’s certified License Confirmation Certificates in the name of such Licensee; or (ii) a written confirmation from the Proprietary owner accepting Product invoice as proof of license. Contractor shall submit a sample certificate, or alternatively such written confirmation from the proprietary developer. Such certificates must be in a form acceptable to the Licensee.

83. PRODUCT VERSION Purchase Orders shall be deemed to reference Manufacturer’s most recently released model or version of the Product at time of order, unless an earlier model or version is specifically requested in writing by Authorized User and Contractor is willing to provide such version.

84. CHANGES TO PRODUCT OR SERVICE OFFERINGSa. Product or Service Discontinuance Where Contractor is the Product Manufacturer/Developer, and Contractor publicly announces to all U.S. customers (“date of notice”) that a Product is being withdrawn from the U.S. market or that maintenance service or technical support provided by Contractor (“withdrawn support”) is no longer going to be offered, Contractor shall be required to: (i) notify the Commissioner, each Licensee and each Authorized User then under contract for maintenance or technical support in writing of the intended discontinuance; and (ii) continue to offer Product or withdrawn support upon the Contract terms previously offered for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (iii) at Authorized User’s option, provided that the Authorized User is under contract for maintenance on the date of notice, either: provide the Authorized User with a Product replacement or migration path with at least equivalent functionality at no additional charge to enable Authorized User to continue use and maintenance of the Product.

In the event that the Contractor is not the Product Manufacturer, Contractor shall be required to: (i) provide the notice required under the paragraph above, to the entities described within five (5) business days of Contractor receiving notice from the Product Manufacturer, and (ii) include in such notice the period of time from the date of notice that the Product Manufacturer will continue to provide Product or withdraw support.

The provisions of this subdivision (a) shall not apply or eliminate Contractor’s obligations where withdrawn support is being provided by an independent Subcontractor. In the event that such Subcontractor ceases to provide service, Contractor shall be responsible for subcontracting such service, subject to state approval, to an alternate Subcontractor.

b. Product or Service Re-Bundling In the event that Contractor is the Product manufacturer and publicly announces to all U.S. customers (“date of notice”) that a Product or maintenance or technical support offering is being re-bundled in a different manner

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Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPfrom the structure or licensing model of the prior U.S. commercial offering, Contractor shall be required to: (i) notify the State and each Authorized User in writing of the intended change; (ii) continue to provide Product or withdrawn support upon the same terms and conditions as previously offered on the then-current NYS Contract for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (iii) shall submit the proposed rebundling change to the Commissioner for approval prior to its becoming effective for the remainder of the Contract term. The provisions of this section do not apply if the Contractor is not the Product manufacturer.

85. NO HARDSTOP/PASSIVE LICENSE MONITORING Unless an Authorized User is otherwise specifically advised to the contrary in writing at the time of order and prior to purchase, Contractor hereby warrants and represents that the Product and all Upgrades do not and will not contain any computer code that would disable the Product or Upgrades or impair in any way its operation based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or other similar self-destruct mechanisms (sometimes referred to as “time bombs,” “time locks,” or “drop dead” devices) or that would permit Contractor to access the Product to cause such disablement or impairment (sometimes referred to as a “trap door” device). Contractor agrees that in the event of a breach or alleged breach of this provision that Authorized User shall not have an adequate remedy at law, including monetary damages, and that Authorized User shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which Authorized User shall be entitled.

86. SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the

State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph.

The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

FOR NEGOTIATED CONTRACTS THE FOLLOWING CLAUSES ARE RESERVED BECAUSE BIDDING DOES NOT APPLY:

Clauses: 7, 8, 9, 10, 11, 12, 13, 16, 15, 21, 25, 26, 28, 29, 30, 31, 32, 33, 36, 49, 50, 52, 54 and 37

I N D E X

Paragraph Paragraph

July 2006 224


A No.Additional Warranties 72Advertising Results 20Applicability 1Assignment 56Assignment of Claim 66Audit of Licensed Product Usage 80Authentication of Facsimile Bids 10

BBid Contents 12Bid Evaluation 29Bid Opening 7Bid Submission 8

CChanges to Product or Service Offerings 84Clarification/Revisions 31Confidential/Trade Secret Materials 14Conflict of Terms 4Conditional Bid 30Contract Billings 62Contract Creation/Execution 38Contract Term - Renewal 71Cooperation with Third Parties 70

DDefault - Authorized User 63Definitions 5Disqualification for Past Performance 35Drawings 25

EEmergency Contracts 43Employees/Subcontractors/Agents 55Equivalent or Identical Bids 33Estimated/Specific Quantity Contracts 42Ethics Compliance 3Expenses Prior to Contract Execution 19Extraneous Terms 13

FFacsimile Submissions 9Freedom of Information Law 16

GGoverning Law 2

IIndemnification 74Indemnification Relating to Third Party Rights 75Independent Contractor 68Installation 52Insurance 77Interest on Late Payments 64International Bidding 6

LLate Bids 11Legal Compliance 73Limitation of Liability 76

M No.Modification of Contract Terms 40

NNo Hardstop/Passive License Monitoring 85

OOn-Site Storage 54Ownership/Title to Project Deliverables 81

PParticipation in Centralized Contracts 39Performance and Responsibility Qualifications 34Performance/Bid Bond 58Prevailing Wage Rates Public Works & Building Services Contracts 17Pricing 24Procurement Card 27Product Acceptance 79Product Delivery 45Product References 21Product Substitution 50Product Version 83Products Manufactured in Public Institutions 23Prompt Payment Discounts 32Proof of License 82Purchase Orders 44

QQuantity Changes Prior to Award 36

RRejected Product 51Release of Bid Evaluation Materials 15Re-Weighing Product 49Remanufactured, Recycled, Recyclable or Recovered Materials 22Remedies for Breach 65Repaired or Replaced Product/Components 53

SSamples 28Savings/Force Majeure 61Scope Changes 41Security 69Site Inspection 26Shipping/Receipt of Product 47Software License Grant 78Source Code Escrow for Licensed Product 86Subcontractors and Suppliers 57Suspension of Work 59

TTaxes 18Termination 60Timeframe for Offers 37Title and Risk of Loss 48Toxic Substances 67

WWeekend and Holiday Deliveries 46

July 2006 225


July 2006 226


Appendix 1{Revised: October 2007}

New York StateStandard Vendor Responsibility Questionnaire

(Use the Uniform Contracting Questionnaire CCA-1, for all construction contracts)

Each Contracting Agency conducts a review of prospective contractors (“vendors”) to provide reasonable assurances that the vendor is responsible. This questionnaire is used for all non-construction contracts with a contract value of $100,000.00 or more and is designed to provide information to assess a vendor’s authorization to do business in New York State, as well as your business integrity, financial and organizational capacity, and performance history. (Review of construction contractors will be based upon the Uniform Contracting Questionnaire developed by the Council of Contracting Agencies.)

Each vendor must answer every question contained in this questionnaire. Where a response requires additional information, the vendor must attach a written response that adequately details the requested information. Please number each response to match the question number. The completed questionnaire and attached responses will become part of the procurement record.

In order to expedite the required review, when providing additional information for a “YES” answer to Questions 14 a-s, or any other response which requires additional explanation, your information and responses should address the relationship of the issue to the proposed contract. Be brief, concise and to the point. Discuss as appropriate the following:

Provide a description of the issue and identify the actions taken or currently being implemented to ensure that the issue will not occur again.

State whether the staff and/or organizational component involved in the identified issue(s) will work on the proposed contract. If so, provide information to assure the agency that the issue will not be repeated.

Identify the relationship (or lack thereof) between the product/services involved in the issue and the type of product/services proposed for this contract.

State whether the issue will affect your financial or organizational ability to perform under the proposed contract. Provide copies of relevant documents or any other information that would assist the agency in its vendor

responsibility evaluation.

It is imperative that the person completing the vendor responsibility questionnaire be knowledgeable about the proposing vendor’s business and operations, as an owner or officer of the vendor must attest to the questionnaire information. Please be advised that at the end of this questionnaire, you must certify, under oath, all responses given.



1. LEGAL BUSINESS NAME:

2. FEDERAL EMPLOYER ID NO. (FEIN):

3. D/B/A — Doing Business As (if applicable): COUNTY FILED:

4. WEBSITE ADDRESS (if applicable):

5. PRINCIPAL PLACE OF BUSINESS ADDRESS:

6. TELEPHONE NUMBER: _________________________ 7. FAX NUMBER:

8. AUTHORIZED CONTACT FOR THIS QUESTIONNAIRE:Name: Title: Telephone Number: Fax Number: E-mail:

9. TYPE OF BUSINESS: (please check appropriate box and provide additional information)a) Corporation State of Incorporation: b) Sole Proprietor State/County filed in: c) General Partnership State/County filed in: d) Not-for-Profit Corporation Charities Registration Number: e) Limited Liability Company (LLC) Jurisdiction filed: f) Limited Partnership State/County filed in g) Other — Specify: Jurisdiction Filed (if applicable)

10. IF NOT INCORPORATED OR FORMED IN NEW YORK STATE, PLEASE PROVIDE A CURRENT CERTIFICATE OF GOOD STANDING FROM YOUR STATE OR APPLICABLE LOCAL JURISDICTION.

11. LIST NAME AND TITLE OF EACH PRINCIPAL, OWNER, OFFICER, MAJOR STOCKHOLDER (10% OR MORE OF THE VOTING SHARES FOR PUBLICLY TRADED COMPANIES, 25% OR MORE OF THE SHARES FOR ALL OTHER COMPANIES), DIRECTOR AND MEMBER, as applicable:a) b) c) d) e) f) g) h)

12. AUTHORIZED CONTACT FOR THE PROPOSED CONTRACT:Name: Title: Telephone Number: Fax Number: E-mail:



VENDOR FEIN:

13. DOES THE VENDOR USE, OR HAS IT USED IN THE PAST FIVE (5) YEARS, ANY OTHER BUSINESS NAME, FEIN, OR D/B/A OTHER THAN WHAT IS LISTED IN QUESTIONS 1-3 ABOVE? Yes NoIf yes, provide the name(s), FEIN(s) and d/b/a(s) and the address for each such company and d/b/a on a separate piece of paper and attach to this response.

14. WITHIN THE PAST FIVE (5) YEARS, HAS THE VENDOR, ANY PRINCIPAL, OWNER, OFFICER, MAJOR STOCKHOLDER (10% OR MORE OF THE VOTING SHARES FOR PUBLICLY TRADED COMPANIES, 25% OR MORE OF THE SHARES FOR ALL OTHER COMPANIES), AFFILIATE1 OR ANY PERSON INVOLVED IN THE BIDDING, CONTRACTING OR LEASING PROCESS BEEN THE SUBJECT OF ANY OF THE FOLLOWING:(a) a judgment or conviction for any business related conduct constituting a crime under

federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct? Yes No

(b) a criminal investigation or indictment for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct? Yes No

(c) an unsatisfied judgment, injunction or lien for any business related conduct obtained by any federal, state or local government agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any federal, state or local government agency? Yes No

(d) an investigation for a civil or criminal violation for any business related conduct by any federal, state or local agency? Yes No

(e) a grant of immunity for any business-related conduct constituting a crime under federal, state or local governmental law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct? Yes No

(f) a federal, state or local government suspension or debarment from the contracting process? Yes No

(g) a federal, state or local government contract suspension or termination for cause prior to the completion of the term of a contract? Yes No

(h) a federal, state or local government denial of a lease or contract award for non-responsibility? Yes No

(i) an administrative proceeding or civil action seeking specific performance or restitution in connection with any federal, state or local contract or lease? Yes No

1"Affiliate"meaning: (a) any entity in which the vendor owns more than 50% of the voting stock; (b) any individual, entity or group of principal owners or officers who own more than 50% of the voting stock of the vendor; or (c) any entity whose voting stock is more than 50% owned by the same individual, entity or group described in clause (b). In addition, if a vendor owns less than 50% of the voting stock of another entity, but directs or has the right to direct such entity’s daily operations, that entity will be an “affiliate” for purposes of this questionnaire.



VENDOR FEIN:

(j) a federal, state or local determination of a willful violation of any public works or labor law or regulation? Yes No

(k) a sanction imposed as a result of judicial or administrative proceedings relative to any business or professional license? Yes No

(l) a consent order with the New York State Department of Environmental Conservation, or a federal, state or local government enforcement determination involving a violation of federal, state or local environmental laws? Yes No

(m) an Occupational Safety and Health Act citation and Notification of Penalty containing a violation classified as serious or willful? Yes No

(n) a rejection of a bid on a New York State contract or a lease with the State for failure to comply with the MacBride Fair Employment Principles? Yes No

(o) a citation, violation order, pending administrative hearing or proceeding or determination issued by a federal, state or local government for violations of: Yes No- health laws, rules or regulations Yes No- unemployment insurance or workers’ compensation coverage or claim

requirements Yes No- ERISA (Employee Retirement Income Security Act) Yes No- human rights laws Yes No- federal U.S. Citizenship and Immigration Services laws Yes No- Sherman Act or other federal anti-trust laws Yes No

(p) entered into an agreement to a voluntary exclusion from contracting with a federal, state or local governmental entity? Yes No

(q) a denial, decertification, revocation or forfeiture of Women’s Business Enterprise, Minority Business Enterprise or Disadvantaged Business Enterprise status? Yes No

(r) a rejection of a low bid on a federal, state or local contract for failure to meet statutory affirmative action or Minority or Women's Business Enterprise or Disadvantaged Business Enterprise status requirements on a previously held contract? Yes No

(s) a finding of non-responsibility by an agency or authority due to a violation of State Finance Law §139-j? Yes No

FOR EACH YES ANSWER TO QUESTIONS 14 a-s, PROVIDE DETAILS ON ADDITIONAL SHEETS REGARDING THE FINDING, INCLUDING BUT NOT LIMITED TO CAUSE, CURRENT STATUS, RESOLUTION, ETC.

15. DURING THE PAST THREE YEARS, HAS THE VENDOR FAILED TO:(a) FILE RETURNS OR PAY ANY APPLICABLE FEDERAL, STATE OR LOCAL

GOVERNMENT TAXES? Yes NoIf yes, identify the taxing jurisdiction, type of tax, liability year(s) and tax liability amount the company failed to file/pay and the current status of the liability:

(b) FILE RETURNS OR PAY NEW YORK STATE UNEMPLOYMENT INSURANCE? Yes No

If yes, indicate the years the company failed to file/pay the insurance and the current status of the liability:



VENDOR FEIN:

16. HAVE ANY BANKRUPTCY PROCEEDINGS BEEN INITIATED BY OR AGAINST THE VENDOR OR ITS AFFILIATES WITHIN THE PAST SEVEN YEARS (WHETHER OR NOT CLOSED) OR IS ANY BANKRUPTCY PROCEEDING PENDING BY OR AGAINST THE VENDOR OR ITS AFFILIATES, REGARDLESS OF THE DATE OF FILING? Yes No

If yes, indicate if this is applicable to the submitting vendor or one of its affiliates:If it is an affiliate, include the affiliate’s name and FEIN:Provide the court name, address and docket number:Indicate if the proceedings have been initiated, remain pending or have been closed:If closed, provide the date closed:

17. DOES VENDOR HAVE THE FINANCIAL RESOURCES NECESSARY TO FULFILL THE REQUIREMENTS OF THE PROPOSED CONTRACT? Yes No



VENDOR FEIN:

State of )) ss:

County of )

CERTIFICATION:

The undersigned, personally and on behalf of the vendor identified in questions 1-3 above, does hereby state and certify to the New York State Office of General Services that the information given above is true, accurate and complete. It is further acknowledged that the State of New York and the Office of General Services will rely upon the information contained herein and in any attached pages for purposes of evaluating our company for vendor's responsibility for contract award and the State may, in its discretion, by means which it may choose, verify the truth and accuracy of all statements made herein. It is further acknowledged that intentional submission of false or misleading information may constitute a felony under Penal Law Section 175.35 or may constitute a misdemeanor under Penal Law Sections 175.30, 210.35 or 210.45, and may also be punishable by a fine and/or imprisonment of up to five years under 18 USC Section 1001 and may result in contract termination.

Name of Business Signature of Officer

Address Typed Copy of Signature

City, State, Zip Title

Sworn to before me this day of ____________ 20 .

Notary Public: Registration No: State:


APPENDIX 2 - New York State Department of Taxation and Finance Contractor Certification Forms

Bidders are required to complete, sign, notarize and include with their proposal three

original ST-220 CA forms

Contractor Certification to Covered Agency(Pursuant to Section 5-a of the Tax Law, as amended, effective April 26, 2006)

ST-220-CA (6/06)

http://www.tax.state.ny.us/pdf/2006/fillin/st/st220ca_606_fill_in.pdf

Bidders are required to complete, sign, notarize the ST-220-TD form and submit this to the NYS Department of Taxation and Finance (this form should not be in the bid proposal submitted to OGS).

Contractor Certification(Pursuant to Section 5-a of the Tax Law, as amended,

effective April 26, 2006)

ST-220-TD http://www.tax.state.ny.us/pdf/2007/fillin/st/st220td_507_fill_in.pdf

http://www.tax.state.ny.us/pdf/2007/fillin/st/st220td_507_fill_in.pdf

http://www.tax.state.ny.us/pdf/2006/fillin/st/st220ca_606_fill_in.pdf


APPENDIX C - Reference Excel Spreadsheet


APPENDIX D

Article 15-A Contractor's Executive Law (M/WBE) Requirements

Article 15-AContractor's Executive Law

(M/WBE) Requirements


CONTRACTOR’S REQUIREMENT UNDER ARTICLE 15-A

MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATIONIn accordance with Article 15-A of the New York State Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women’s Business Development Division of the New York State Department of Economic Development set forth at 5 NYCRR Parts 140-144, the Offerer/Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women, and the facilitation of minority and women-owned business enterprise participation on all covered OGS contracts.a. Equal Employment Opportunity Requirements

By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that the provisions of Appendix A clause 12 – Equal Employment Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements of these provisions will be binding upon each subcontractor as to work in connection with the State contract.

b. Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses

Authorized Users are encouraged to make every good faith effort to promote and assist the participation of New York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers on this contract for the provision of services and materials. To locate New York State Certified M/WBEs, the directory of Certified Businesses can be viewed at: http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp

In July of 1988, Article 15-A of the Executive Law was passed by the New York State Legislature. This legislation provides specific rules, regulations and procedures for minority and women-owned enterprise participation in certain State Contracts.

The Office of General Services (OGS) is required to implement the provisions of Article 15-A for all of its Contracts (1) in excess of $25,000 for labor, services, supplies, equipment, materials, or any combination of the foregoing and (2) for Contracts in excess of $100,000 for real property renovation and construction. For purposes of this Contract, OGS hereby establishes a goal of 4% for minority business enterprises (MBE) participation and 4% for women-owned business enterprises (WBE) participation.

GOALS - The MBE and WBE participation goals as stated earlier are based on the availability of M/WBEs currently certified by New York State and geographically located to be able to perform the work in the region where the project is located. The total dollar value of the Contract, scope of work, the supplies and equipment necessary to perform the project, are also considerations used to determine the percentage goals.



APPENDIX E

RFP 20268INQUIRIES AND RESPONSES

PRE-BID MEETING QUESTIONS AND ANSWERSORIGINAL RELEASE 03/16/06*

*NOTE: Bidders are advised to read this section prior to submitting questions to prevent any duplication.


Bidder Question 1. Addendum 5, Pre-Bid Meeting Information, Page 2 of 64, - We respectfully request that NY State Office of General Services allow more than two participants to the Pre-Bid Meeting. Our request is that vendors be allowed to bring four participants. This is due to the number & complexity of the solutions listed in the RFP and the different organizations that will be required to support it from within our company.

OGS Response 1. Agreed.

Bidder Question 2. Addendum 5, Prospective Bidders, Page 1 of 64, - Section I.2, Objective, Page 19, - We respectfully request that NY State Office of General Services change the due date of the RFP back to October 31, 2006. This is due to resource allocation based on original date of October 31; the timing of the Pre-Bid meeting; time needed for analysis of the Questions & Answer document; and the changes to the various requirements resulting from the Questions & Answer document.

OGS Response 2. The request will be evaluated and a determination will be made after the pre-bid meeting. After careful consideration it was decided that the bid opening date will change to September 19, 2006

Bidder Question 3. Section VI.8.5, Contractors Insurance Requirements, Page 108 of 230, Paragraph 3: - Quote: “…shall name The People of the State of New York, its officers, agents, and employees as additional insured…”

Please offer a definition or meaning of term “The People of the State of New York” as it is used in the insurance section of the RFP. OGS Response 3. The People of the State of New York is another way to reference the State of New York.

Bidder Question 4. Section III.1.2, Local Calling Area Defined, Page 27 of 230, - RFP requires that the bidders adhere to the local calling area definitions for New York State. The NYPSC allows all carriers to define their own calling areas for the purposes of rating outgoing local exchange calls. Time Warner Telecom primarily mirrors the incumbent LEC's calling areas in which we do business. If there are in variances, they are in the customer's favor (for example: TWTC may consider a call to be local the ILEC considers to be extended area service). In no case will there be a call that the ILEC considers local that TWTC will not consider local in nature. Please confirm this is not an issue.

OGS Response 4. OGS recognized that there will be variances in the LECs calling area, those that would benefit Authorized Users, will be acceptable.

Bidder Question 5. Section III.1.12, Operator Services, Page 29 of 230, - It appears that the RFP is requesting that all Operator Services calls are offered at no charge. Surcharges for providing Operator Services calls via Person to Person, Collect, or Third Party may be charged, but the Operator Service in and of itself should not be charged. Please confirm.

OGS Response 5. Charges for Operator Service and associated Surcharges (Person to Person, Collect, etc.) may be charged. Charges associated with Operator Services must be included in the Cost Tables in Attachment C.

Bidder Question 6. Section III.1.13, Incoming Caller Identification, Page 29 of 230, - There is reference for the ability to either block or activate the caller identification service, yet this information falls under a section headed Incoming Caller Identification. Inbound caller identification (that information which is received at the customer premise equipment) may be offered, but the ability for the user to turn this function on or off is not necessary.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOutbound caller identification (that information which is sent out when the customer makes a call out to the PSTN) may either be available on a regular and turned off per individual call made by the customer, or unavailable on a regular basis but turned on per individual call made by the customer. Please confirm that we have captured this requirement correctly.

OGS Response 6. Confirmed. The Activation or Blocking of the caller id function is associated to the originating service.

Bidder Question 7. Section III.1.19, Printed Directory of Telephone Numbers, Page 30 of 230, Is the second paragraph requesting that all directory listings be me made available to customers at no charge? Or is this a request to provide white pages directories at no additional charge? Or are both listings and white pages directories being requested at no charge? Please confirm.

OGS Response 7. The RFP requests that all Directory listings requested be provided at no charge however if there is a charge, indicate such charges in Appendix C.

Bidder Question 8. Section III.1.24, Direct-Inward-Dialing (DID) Service, Page 32 of 230, - RFP appears to be requesting DNIS service. Is the DNIS service related to incoming local calls (i.e., identifying the DNIS for the customer when an end users dials a local number to reach the customer)? Is this a mandatory requirement?

OGS Response 8. Yes. Bidders are required to propose DNIS functionality.

Bidder Question 9. I completed our responses in the old word document before receiving the new one via email dated 6-9-06. Do we need to transfer all of the answers to the new document?

OGS Response 9. Yes.

Bidder Question 10. OGS Answer # 52 (Page 12 of Addendum #5) Please indicate what other factors will be considered by the State in its review of “reasonableness of price.”

OGS Response 10. OGS is not at liberty to provide the details of our evaluation method.

Bidder Question 11. OGS Answer #187 (Page 36 of Addendum # 5) Will the State agree to modify its 30 day “problem free” operation requirement as it pertains to wireless services given the fact that wireless reception, even where service is generally available, may be affected due to topography, atmospheric and environmental conditions, and the location of the user?

OGS Response 11. Determination of “Problem Free” operation of services such as wireless will be reasonable for the types of services provided.

Bidder Question 12. OGS Answer #187 (Page 36 of Addendum #5)

Will the State agree that the provisioning of mobile wireless services does not require the installation of network/hardware/systems and that paragraphs 2 through 7 are not applicable? If not, please clarify these applications.

OGS Response 12. OGS will not make a determination of what infrastructure is required to provision the requested service therefore this provision must remain.


Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPWill the State agree that the vendor provides to each Authorized User; (1) the equipment manufacturer’s warranty, (2) service billing starts the day equipment is shipped, and (3) that the Authorized User is responsible for any actual access and usage charges incurred during the 30 day period? OGS Response 13.

(1) The standard warrantee must be not less than 1-year. Reference Appendix B clause 72 § d. Product Warranty. (2) Service billing may commence upon equipment acceptable delivery(3) Authorized Users will be responsible for actual charges based upon successful acceptance during the 30-day

period.


Will the State agree that the 30 day Acceptance Period is only applicable to each new equipment purchase and that any subsequent returns may only be made for defective equipment during the remainder of the initial Acceptance Period? OGS Response 14. Acceptance and product returns are two separate issues. Defective equipment would be covered by the 1 year warranty.


Please explain what type of incentives must be provided by the Contractor to compensate for other billing methods offered with their proposal. OGS Response 15. The incentives offered to compensate for the bidders billing system require explanation by the bidder offering the alternative billing solution.


State and local E911 fees are not changed very often, and not every purchaser under a contract will qualify for an exemption from the E911 fee. However, due to the timing of when E911 fees are changed and put into affect, it is very difficult for a vendor to notify the OGS of this change and obtain approval of the application “prior” to the occurrence as required in VI.5.9, Taxes/Surcharges/Fees. Would the State grant an exception for their “prior” review of E911 rate changes on the State and local level?

OGS Response 16. OGS will work with contract holders to process updates to fees and surcharges in a timely manner. Only approved changes and associated charges may be applied to Authorized Users invoices.


Will the State agree that vendor cannot offer an open ended disputed charges time frame due to billing system limitations and accept an alternative time frame?

OGS Response 17. No, disputed charges have no time limitations.

Bidder Question 18. OGS Answer # 213 (Page 42 of Addendum #5)

The answer advises the vendor to refer to State Answer #219. However, answer #219 deals with “costs of audits”, etc., while question #213 inquired, “Would the State agree to accept a credit or debit to the Authorized Users account (instead of removing and rebilling the amount) if the Contractor’s billing system cannot provide the requested re-bill through its billing system? It appears that State Answer #219 does not relate to the inquiry posed in #213. Can the State further clarify its response to question #213?

OGS Response 18. The answer to the first question should reference Answer 211 not Answer 219 as indicated in addendum #5.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBidder Question 19. OGS Answer # 243 (Page 50 of Addendum #5)

The answer advises that language will be added to Section VII.2, Page 110 to read: “This training must be conducted on-site (Unless otherwise agreed upon by the Authorized Users) at the Authorized User site and must be provided, at no additional cost and at the Authorized Users request, while the Authorized User has contracted for the Contractors services”.

The new language was not amended in the UPDATED RFP issued by the State on June 13, 2006. Should the vendor amend its copy of the RFP to include this language or will the State be issuing a revised RFP? Please advise.

OGS Response 19. The State will be issuing a revised RFP with the adjusted language to include “(Unless otherwise agreed upon by the Authorized Users)”


The answer to parts 1 and 2 refers the vendor to State Answer # “262m”. However, there isn’t a State Answer #262m in Addendum #5. Also, the verbiage contained in the first sentence of this answer is unclear. Can the State further clarify its response?

OGS Response 20. The answer to Question 250 should read:

Answer 250. There is no physical local access circuit for the wireless network. The “local loop” shall reference the “radio” access network.


Will the State agree that the vendors is not able to automatically process dropped call credits as it is the Authorized User’s responsibility to notify the vendor as its network and billing system interfaces are not designed to support this type of activity?

OGS Response 21. The State agrees that the Authorized User must notify the contractor of mobile wireless outage or downtime occurrences.

Bidder Question 22. OGS Answer # 254 (Page 52 of Addendum #5)

The answer advises that language will be modified for Section IX.6.1 Credits for “Down Time”, Page 118 to read “Credit must be issued when “downtime” exceeds the Mean Time To Respond/Repair (MTTR) as defined in Section IX.1.1.1”.

The new language was not amended in the UPDATED RFP issued by the State on June 13, 2006. Please advise if this language is intended to replace the entire paragraph. Should the vendor amend its copy of the RFP to include this language or will the State be issuing a revised RFP? Please advise.

OGS Response 22. The State will be issuing a revised RFP with the adjusted language to include “Credit must be issued when “downtime” exceeds the Mean Time To Respond/Repair (MTTR) as defined in Section IX.1.1.1”


IX.6.5 Chronic Service Outages/Unsatisfactory Performance (Page 120)Would the State clarify its response to the Question 257? The original question consists of three (3) parts including the definition of “Chronic Service Outages”? However, the State has only provided two (2) responses. Can the State provide additional clarification?

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS Response 23. The definition was inadvertently over looked. “Chronic Service Outages” is defined as an outage for a particular product/service or associated group of products/services that has been reported by the State or Authorized User, or that the Contractors network management organization determines a Trouble exists on its own; three times within a 90-day period.


Will the State agree that vendor may offer new commercially available price plans and to mutually agree to remove older plans through its Auto-add process?

OGS Response 24. OGS will process contract updates in accordance with the contract update process as defined in section VI.8.3 Contract Update.


The answer advises that language for Section XII.3, Special Terms and Conditions, Contract Migration, Page 124 will be amended to read: “State Agencies or any other authorized users obtaining services via a current OGS centralized contract shall be able to migrate to any contract awarded to the same vendor as a result of RFP 20268, effective on the contract approval date, with no charge or penalty. Any rate changes resulting from such migration will be applied retroactively, if applicable. New rates would be effective upon written notice from the authorized user to the service provider and not dependent on the actual date of migration. Migration by an agency or any other authorized user to any new centralized contract shall not diminish, alter or extinguish any right (that normally survives end of the contract period) that the agency or other authorized user had under the terms and conditions of their original contract. In instances where it is more advantageous for users to migrate, they may do so upon mutual agreement and negotiation with the contractor”.

The new language was not amended in the UPDATED RFP issued by the State on June 13, 2006. Should the vendor amend its copy of the RFP to include this language or will the State be issuing a revised RFP? Please advise.

OGS Response 25. The State will be issuing a revised RFP with the adjusted language.


Please indicate whether the provisioning of FCC licenses held by the Contractor for all the regions in New York will satisfy the requirement in section XII.6 (Page 126).

OGS Response 26. Bidders are required to submit with the bid all regulatory related items for the services proposed.


The answer advises that for Section XIII.1 Bid Document, Item 10, “A complete printed copy of this Group 77017 RFP20268” be included in this Section. However, the UPDATED RFP Section XIII.1 Bid Document (Page 128) does not include this item. Should the vendor amend its copy of the RFP to include this language or will the State be issuing a revised RFP? Please advise.

OGS Response 27. The State will be issuing a revised RFP with the adjusted language.


On April 14, 2006, we posed the following question for Section XIII.7, Proposal Format and Content, Acknowledgement Page, Page 135, “Will the State please clarify the document referenced as “instrument” in paragraph one that reads “known to me to be the person who executed the forgoing instrument, who…”?


In its answer to this question the State did not clarify the document referenced as “instrument” in paragraph one of the Acknowledgement Page. Can the State please advise? OGS Response 28. Instrument refers to the Acknowledgement Page.

Bidder Question 29. V.5.8 Trade-In Allowance (Page 82)

1st ParagraphWould the State agree to utilize Contractor’s free handset equipment offer (make and model at Contractors’ discretion) in lieu of providing a no cost trade-in plan? Note: this request for clarification was posed to the State on April 14, 2006, but was not responded to in Addendum #5. OGS Response 29. Inadvertently omitted. Bidders are encouraged to provide optional alternatives in addition to the no-cost trade-in plan for the States review and possible acceptance.

Bidder Question 30. XIII.1 Bid Document (Page 128)

Item 9 advises vendors to include, “The completed Appendix C – Reference NYS Cost Spreadsheet” in this section of its response. However, Section XIII.4 State Net Price Listing, Item 1 (Page 129), advises vendors to submit “The State net price listing of all items bid in the required presentation format. (Reference Appendix C)” in this section of its response. Can the State please clarify where Appendix C should be included in a vendor’s response document, as the instructions for the above two (2) sections appear to be in conflict? OGS Response 30. The RFP section XIII.4 STATE NET PRICE LISTING is modified as follows

XIII.4 COMPARABLE PRICE LISTINGBidder must submit with each bid:1) Copies of comparable contracts. (Reference Section – II.2 )

Bidder Question 31. General Question

Would the State consider issuing a separate RFP that is specifically addressed to mobile wireless telecommunications services, as the current document, as structured, is very difficult to respond to accurately? This is due to the intermingling of all telecommunications service requirements within one format, and a vast number of these are not applicable to the provisioning of mobile wireless services. OGS Response 31. The intent of the CTS is to provide a comprehensive agreement that encompasses multiple services requiring combination of requirements into a single document. Significant effort has been expended to differentiate requirements to the extent possible.

Bidder Question 32. Vendor Question 4. - If a parent company has one or more subsidiaries can the subsidiaries bid individually on the Lots where they are able to provide services or must their be just one bid from the parent company who will use the subsidiaries to provide some or all of the services?

OGS Answer 4. If the subsidiaries qualify they may bid individually and hold a contract of their own. The parent company may also bid directly and use the subsidiaries to provide the individual services. If successfully awarded, the company signing the proposal will be the contractor. The contractor named in a contract award will be responsible for all contract terms and conditions. Purchase orders will be issued to and any invoices received or payments made will be in the name of the contractor identified in the Contract Award Notice (CAN). Bidders should carefully review Section 4 of the RFP which requires the provision of a non-collusive bidding certification to ensure that where the parent company and various subsidiaries are bidding that they comply with this requirement. Additionally, Reference Appendix A Clause 7 Non-Collusive BiddingCertification.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPClarification question: If two or more subsidiaries co-prime a response, and are both signatories on the response and potential resultant contract, will both entities names be identified on OGS’ website? Will OGS distinguish contract awards by services awarded? If yes, to what extent; i.e., individual category or categories within LOTS? Will OGS distinguish awards by statewide and county on their website or will end users be required to search for contract holders by service type and geography? OGS Response 32. Bidders have the option to bid multiple Lots and Categories within the lots however only ONE primary bidder may submit a bid and will be responsible to meet all contract terms and conditions. Bid responses will only be accepted from a single entity. Co-Prime responses are not a bidding option. OGS will post a Contract Award Notification listing Lots, Categories and locations awarded.

The following has been added to page 15 of the RFP:

CONTRACTOR RESPONSIBILITIESThe Contractor will assume sole responsibility for delivery, installation and maintenance of all materials, deliverables, equipment, supplies, software maintenance and support services offered in its proposal whether or not it is the manufacturer or producer of them. The State will consider the Contractor to be the sole point of contact with regard to contractual matters.

While the State’s intent under this RFP is to enter into contract awards with a Contractor for providing Comprehensive Telecommunications Services, the State recognizes that regulatory requirements exist that may prevent potential Bidders from acting as a sole contractor to the State. In such circumstances, the State reserves the right in its discretion to consider Proposals from partner vendors and any proposed subcontractors where services would be provided consistent with and in conformance with regulatory requirements and this RFP. The Bidder that offers such proposal must describe how they are partnering/subcontracting in detail and identify and include the applicable regulatory requirements in their response. Bidder shall document its ability to develop, lead and manage partner vendors to fully meet the current and future Comprehensive Telecommunications Service requirements.

The Bidder that offers such proposal must also agree to the following conditions:

The primary contracting partner must act as a single point of contact in all substantive and material matters relative to administration of the contract(s).

If regulatory requirements change, the primary contracting partner must agree to assign, convey and transfer the current contracts into a single contract with the State. The primary contracting partner is responsible for ensuring that any partner vendors/subcontractors would be subject to such assignment, conveyance and transfer.

Additionally;

Bidders are distinguished by Federal Identification Number. (FID)

For example ABC, Inc. has 3 divisions, A, B and C each with a distinct FID. In this case each division would be required to submit a bid based upon the on their offering in response to the RFP.

In the case of ABC, Inc. being the parent and there is 1 FID only one bid submission which indicates that for Lot 1 ABC wireless will service the wireless requirements and for Lot 2, ABC landline would service the landline requirements. One bid would be submitted with the “Parent” company, based upon FID, as the contract holder and responsible for the performance of the contract.

Bidder Question 33. Vendor Question 9. My corporation is requesting, respectfully, that the due date be extended approximately 60 days?

OGS Answer 9. The State of New York has extended the Bid Opening date as indicated herein.

Clarification Question: In recognition of the complex nature of this procurement, as evidenced by the number and duration of time between first round of question submission and OGS response, will the State provide an extension to bid submission of one month, to October 6, which is 3 ½ weeks less than the previously provided date of October 31?

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS Response 33. The request will be evaluated and a determination will be made after the pre-bid meeting. After careful consideration it was decided that the bid opening date will change to September 19, 2006

Bidder Question 34. Vendor Question 21. Section I.1, Objective, Page 19, Objective, Paragraph 1 - The intent is to award multiple contracts, both statewide or by counties…, What criteria will OGS employ in determining how many awards to make per lot? Is there a minimum or maximum number of awards that will be made? Taking Albany County for example, if there were four bids for Ethernet submitted specifically for Albany and three additional

bids submitted for Ethernet on a statewide basis (for a total of seven bids from different vendors), and all seven bids were compliant, how many awards would OGS make?OGS Answer 21. We are not at liberty to provide the details of our evaluation method. It is our intention to make as many awards as possible to provide varied services and choices for the eligible users. Reference Contract Scope, page 19, “The intent is to award multiple contracts, both statewide and/or by county, to provide Authorized Users the ability to obtain various Telecommunication Services”. Also see Section XI,page 122, METHOD OF AWARD OF CONTRACT.

Clarification Question: The State’s response to the above question leads us to believe that it is your intent to award as many contracts as there are compliant bid submissions by both category and geography. Further, given the ability of respondents to quote pricing on a cost element basis; i.e., ICB basis as long as cost elements are identified in bid submission, it is unlikely that OGS will be able to determine award based on price. With such an unprecedented number of potential awardees, how will OGS differentiate this RFP, and resultant contracts, from what users can accomplish independently by individually negotiating with multiple vendors? OGS Response 34. OGS will evaluate and award contracts based upon the bidders ability to meet the requirements of the RFP per the Method of Award of Contract section XI.

Bidder Question 35. Vendor Question 23. Section I.2, Objective, Page 19, Paragraph Number 1, - ….by county or multiple counties, If contractor can offer service within a county, must it be ubiquitous, throughout the entire county?

OGS Answer 23. It is our intention to contract for the services where they exist. If by ubiquitous you mean for example that the eastern part of the county has the service but the extreme north does not, the answer is no. We understand there are occasions when services may not be in all locations, but where services exist we want pricing, if that pricing takes the form of installation of new fiber you should be prepared to quote a price to the user at time of purchase, If the price is too high they will not acquire the service. If you don’t have the means to quote it under contract they will not seek a quote from you. Also see answer to question 20 above.

Clarification Question: The State’s response to the above question implies that a vendor is afforded the opportunity to identify any additional costs associated with delivering service to an authorized user, via a price quote, prior to acceptance of an order. Is this interpretation correct? OGS Response 35. The eventual contract holder will be requested to provide a quote for service. The contract holder will provide a response based upon approved contract items. The requester then will have the ability to accept or decline the contractor’s response.

Bidder Question 36. Vendor Question 26. Section I.2.4, Contract Scope, Service Lots and Categories, Coverage Area, Page 20 - We will submit by Area Code + exchange (NPA-NXX) the areas we will offer services to within the counties listed. Will this be acceptable?

OGS Answer 26. Bidders are required to identify all elements in Appendix C to fulfill orders in the coverage area bid (Statewide or by County). At time of service request / quote the items required to provide service would be described and quoted to Authorized users requesting the service.

Clarification Question: If bidders respond by identifying area code and exchange where service is provided will that be an acceptable methodology to identify where service is proposed/available? OGS Response 36. Bidders must complete the appropriate forms in section XIII.10 Proposal Form.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS is interested in ubiquitous coverage across geographic bounties. In the event services bid are offered in more than one region but are not completely covered within one or more regions (counties), bidders are required to identify the region that the majority coverage is offered in and explain the limitations in any additional areas (counties) included. Reference the updated bid pages.

Bidder Question 37. Vendor Question 30. Section I.4 Inquiries, Page 21 - All clarifications and exceptions including those relating to terms and conditions of the contract are to be resolved prior to the submission of a bid. Is there a process other than this one time question and response period for potential bidders to seek clarification or identify exceptions? There are certain instances where the State's response to questions may raise further questions/issues. Will there be additional opportunity to seek clarification or indicate exceptions? Does this statement indicate that no extraneous terms will be allowed?

OGS Answer 30. See first note on Page 2 above regarding Appendix B replacement.

Clarification Question: We assume you are referring to the “Extraneous Terms” section of Appendix B. We respectfully submit that reference to that section does not answer our question. Section I.4 states “all clarifications and exceptions must be resolved prior to submission of bids”. In referring back to the methodology to submit Extraneous Terms within our bid response, this does not assist in our understanding of how to seek all clarifications and resolve all exceptions to terms and conditions prior to bid submission. Please clarify how vendors may indicate and resolve exceptions prior to bid submission or, alternatively, please provide guidance on how any remaining exceptions, submitted according to the steps detailed under App B. 13. Extraneous Terms, will be viewed/resolved by OGS after bid submission. OGS Response 37. The language refers to the Q&A period which is contained in RFPs or IFBs or any pre-bid meeting discussions. The language is not meant to replace or deny potential bidders from identifying extraneous terms in their proposal submissions. OGS’s intent is to clarify all issues prior to the bid opening however each bidder may have additional issues (Extraneous terms) that will be addressed on a case by case basis. This may occur via clarification letters or face to face meeting as required.

Bidder Question 38. Vendor Question 32. Section I.6 Contract Term, Page 22 - Contracts for the respective LOTS and categories within the LOTS will most likely be executed at different times. Will all the contracts terminate simultaneously on the future anniversary date of the first contract(s)? If so, it appears that those contracts executed subsequent to the first one will NOT have a five (5) year duration. Please clarify.

OGS Answer 32. That is correct. Reference Section I.7 (Page 22) paragraph B.

Clarification Question: Based upon the scope and size of this RFP, it is envisioned that a significant number of vendors will respond to this request. Is it the State’s intention to review all of the RFPs simultaneously, regardless of coverage area or number of LOTS addressed in the vendor response? OGS Response 38. This determination will be made once proposals are received and bids are opened.

Bidder Question 39. Vendor Question 34. Section I.6 Contract Term, Page22 Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination., Please explain more fully what is meant by this sentence. Does this mean that Authorized users can utilize this backdrop contract to procure services from an awarded vendor with potentially differing terms and/or rates than those contained herein?

OGS Answer 34. Contracts awarded as a result of RFP 20268 are not considered “Backdrop contracts”. All terms and conditions of such contracts, including rates, must be adhered to. Contract users may seek better rates based on volume and will be encouraged to do so, but may not agree to terms which are less favorable than they enjoy in this contract. Purchases from this contract are governed by the terms of the contract, if a user acquired something on the last day of the contract which has a guarantee or other right that extends beyond the last day of the contract, their and the contractors rights and obligations continue as if the contract was still in place.

Clarification question: Vendor acknowledges OGS’ response relative to the ability to provide “better rates based on volume”. However, we seek further clarification regarding the obligations of authorized users relative to

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUP“term” (time). To assist OGS in understanding our question, we submit the following example for OGS’ response: If an authorized user agrees to a three year term for a particular service in the fifth year of a non-extended contract, and by so doing, the vendor offers a better rate than provided within the contract, (a). will that service be valid beyond the contract expiration date (until the end of its individual term)? and (b) will the user be obligated to fulfill its agreements relative to completion of that term, which may include but not be limited to, early termination fees? OGS Response 39.

(a) Without knowing the specifics of what is proposed we can not answer the question. As a general rule purchases from the contract may be made until contract expiration. We will discuss further at the Pre-Bid meeting.

A) If any eventual contract awarded as a result of RFP 20268 contains terms that allow authorized users to commit to service agreements that specify a period of time, those agreements could be entered into at any time during the NYS Centralized contract term and their term could survive the NYS centralized contract term.

B) Authorized User will be required to comply with the terms of any valid agreements entered into. (See paragraph above) Contract awarded as a result of RFP20268 will not include early termination fees.

Bidder Question 40. Vendor Question 37. Section III.1.16, Standards Compliance, Page 30 Bidder (i) is a long-established provider of telecommunications services, (ii) has been providing the products and services contemplated by the contract nationwide for many years, and (iii) currently provides many of desired services under existing contracts with the State. Bidder complies with all applicable federal, state and local laws and regulations in providing its products and services. Accordingly, Bidder requests that the State clarify what “national and international standards” are referenced but not identified in this section and like sections within the RFP, or delete the requirement to supply a list of such standards.

OGS Answer 37. Bidders must comply with the requirements as identified in RFP20268. Bidders must be in compliance with all applicable standards, rules, statutes etc in effect at the time of bid opening and for the length of the contract and any applicable renewals. As these are subject to change during said term we chose not to define them at this time.

Clarification question: Bidder does not understand the requirement of this section. To assist in our understanding, will OGS provide some examples of current applicable standards so bidders comprehend the types of standards to which OGS is requiring bidders to be in compliance? OGS Response 40. Answer 37 above to Bidder Question 40 is applicable. To reiterate standards change during the course of the contracts and bidders are required to comply as changes occur. Specifics can not be provided as the applicable standards will change during the contract term.

Bidder Question 41. Vendor Question 43. Section II, Qualification of Bidder, Page24, - Must the bidder have three years experience in each Lot and each Category in order to be qualified?1 Can the bidder document the same experience for a different lot or category? 2

OGS Answer 43.1) Years of experience are based upon Service Category within each Lot.2) The experience must be applicable to the service category bid.

Clarification Question: We believe it is possible that for some certain categories of service, no bidder will be able to attest to three or more years providing that particular service. (a). Will OGS make any exceptions to this requirement? (b). If so, what? (c). Does this also suggest that for any “new technology services”, bidders must wait three years after entering the market with that particular service before they request it be added to the contract? (d). Will different criteria be used to evaluate capability to provide emerging services? OGS Response 41. (a), (b) and (c) - Reference section II Qualification of Bidder 1st Paragraph. “The State recognizes that there may be equally qualified, reliable Vendors who do not meet all of the requirements specifically as stated, but may in fact meet the objectives, and criteria intended in the RFP in some other manner. Bidders submitting proposals shall have the burden of demonstrating to the State's satisfaction that they can in fact perform the work in order to be considered for contract award. Proof of these qualifications shall be in the form of written notarized statements as to the bidder’s experience, references, listing of contracts performed, sales, financial statements, human resources, or ability

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPto respond such that OGS can evaluate the bidder’s ability. All statements made must be able to be independently verified by OGS.”

(d) Reference Bidders must have at least 3-years in continuous operation and experience in the service being bid or provide acceptable evidence of experience and expertise in the Lot and Categories bid. Experience information must be provided in Executive Summary format and inserted in the proposal.

For future contracts awarded under the provisions of the Periodic recruitment section, to obtain emerging technologies, where need is proven by authorized contract users, this requirement may be modified.

Bidder Question 42. Vendor Question 52. Section II.2, Qualification of Bidder, Pricing, Page 25, 5th Bullet Please indicate whether the provision of an approved GSA Supply Schedule will adequately “demonstrate that the NYS Net pricing offered is equal to or better than other government entities.” Will the state commit to or guarantee a minimum numbers of lines as do certain other governmental entities?

OGS Answer 52. The bidder’s GSA contract will be used by this office to review “reasonableness of price” but may not be the only factor we consider. These are estimated quantity contracts and the state makes no guarantee of purchase. That being said the State is a very large user of telecommunication services.

Clarification Question: We recognize that “the state is a very large user of telecommunications services” but with no volume or term commitment it is likely that “reasonableness of price” will more closely match standard retail rates as opposed to “equal or better than other” entities, government or otherwise, who may have committed volume or term. Additionally, since OGS is requesting certain other terms and conditions beyond those that are generally offered, “reasonable rates” may actually be higher than standard retail. Please acknowledge OGS’ understanding of these statements and provide comment as to how the evaluation will be conducted. OGS Response 42. OGS feels that the Authorized Users will make the appropriate purchasing decisions and this coupled with the multiple award provisions of the RFP will lead to better prices for Authorized Users. As to how the evaluation will be conducted, OGS is unable to reveal all the evaluation criteria as this would put NYS at a disadvantage.

Bidder Question 43. Vendor Question 53. Section II.2, Qualification of Bidder, Pricing, Page 25, Bidders who currently hold NYS OGS contracts must offer the same or better pricing as listed in such contracts. We respectfully ask that OGS reconsider this provision. As currently constructed, the bid arbitrarily penalizes incumbent contract holders by mandating they keep their prices at minimally the same level. Simultaneously, OGS is requiring more stringent SLA's and liquidated damages than the current contracts, increasing the risk and cost of service delivery for the incumbents. This is a new procurement, with terms and conditions that are different from the prior contracts and the suppliers should be able to determine pricing commensurate with the terms and conditions being requested. Will the State reconsider this requirement?

OGS Answer 53. This RFP requests the same services (and more) as offered on current contracts. We recognize that for new or different offerings there will be different price schedules or rates. We will utilize all benchmarks available to us. Should a bidder have exceptions, follow the Extraneous Terms Clause 13 in Appendix B.

Clarification Question: Please provide further clarification. The original question was intended to note that OGS’ request to provide same or better pricing, given different terms and conditions requested within this RFP, may not be feasible because the underlying cost structure to provide these services may have increased with these additional requirements. Your response seems to imply that you recognize the services requested in this RFP are indeed different (“We recognize that for new or different offerings there will be different price schedules or rates”), than existing contracted services and, therefore, may be offered at higher prices. (a). Is our interpretation of your prior response correct? (b). If not, please provide additional clarification. OGS Response 43. For services already being rendered unless there are some governmental mandated charges that require rate increases we would require a further explanation of any price increase proposed. To reiterate, OGS understands and recognizes that for new or different offerings there will be different price schedules or rates. Offer all prices in Appendix C.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBidder Question 44. Vendor Question 54. Section II.2, Qualification of Bidder, Pricing, Page 25, *For evaluation purposes.., How will OGS evaluate responses from bidders that do not have GSA contracts, agreements with other Large States or comparable Governmental Agencies? What is the criteria that will be used to ensure all vendors are evaluated equitably? For example, it is not reasonable to compare pricing between a vendor holding a large contract with SLA's to a vendor holding a large contract with no SLA's to a vendor holding small contracts? How will the State ensure the comparison and evaluation is apples to apples, taking into account all the parameters of a contract that influence cost (and not just pricing). Similarly situated encompasses all terms and conditions of the resultant contract, such items as term and/or volume commitment as well as other requirements agreed to must all be considered. Unless all factors are considered, evaluation of any other contracts will be flawed.

OGS Answer 54. OGS cannot divulge all the criteria to be used for evaluating proposals received. We are seeking proposals from qualified service providers who can meet the needs of New York State authorized users. Bidders must demonstrate that they possess the capabilities to meet the requirements of an awarded contract and that the services are offered at prices that provide value to the contract users. We will use all information available to us to make this determination. Any information you wish to provide as part of your bid will be evaluated. In addition, should your company have exceptions, follow the Extraneous Terms Clause 13 in Appendix B. Initial price comparisons of GSA, Large State or Comparable Governmental Agency contracts will be utilized during the evaluation to determine reasonableness of price offered in the bidder’s proposal to NYS.

Section II.2 Pricing, Page 25 4th Bullet is amended to read the following:• For OGS to determine reasonableness of price, bidders holding any of the following contracts must provide an electronic copy of the awarded contract and net contract pricing schedules currently in effect for all like services being bid.*1. approved GSA Supply Schedule or2. comparable Large State or3. comparable Governmental Agency* For evaluation purposes, GSA supply schedule will be utilized first followed by other similarly situated State contracts then comparable governmental agency contracts. Failure to provide OGS copies of contracts currently in effect, with the above identified entities may deem the bidder non-responsive.

Clarification Question: Most, if not all, large governmental procurement contracts are extensive, voluminous documents with multiple terms and conditions. Is OGS suggesting the evaluation committee will thoroughly review the specifications, terms and conditions and pricing, of all these contracts in order to validate “reasonableness of price” between these and bidder’s pricing under this procurement? OGS Response 44. Yes, OGS will review all proposals and the supporting required documents received.

Bidder Question 45. Vendor Question 56. Section II.2, Qualification of Bidder, Pricing, Page 25, Are contractors able to offer potentially better terms, e.g. discounts, to individual authorized users that are able to commit to specific term and volume?

OGS Answer 56. Contractors may offer better pricing at any time. Response should reflect the bidders best not to exceed pricing. We encourage Authorized Users to negotiate lower pricing at time of purchase.

Clarification Question: and “lower pricing” could be based potentially on either, or both, committed term or volume? Could an individual user theoretically commit to a twelve year term and be required, if contained within their separate agreement with the contractor, to pay for twelve years of service even if this contract were not extended? OGS Response 45. The contract contains no stated term or volume commitments however Authorized Users can negotiate with eventual contractors to obtain better pricing at any time, based on the Terms and Conditions of the eventual contracts.

Bidder Question 46. Vendor Question 57. Section II.2, Qualification of Bidder, Pricing, Page 25, “Bidders must demonstrate that the NYS Net Pricing … equal or better than any pricing offered to other non-government customers.” For a vendor that has no standard pricing in the market and whose pricing is solely based on the individual specifics of each sale (geography, building entry, proximity to infrastructure, competitive circumstances specific to that unique location, etc.), this requirement is inequitable.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS Answer 57. Bidders must submit all not to exceed base service prices and pricing elements for all services bid for inclusion in a potential contract award. These may include aspects such as: geography, building entry, proximity to infrastructure, etc... and is equal or better than any pricing offered to other non-government customers. In order to evaluate bid proposals pricing information must be provided.

Clarification Question: If bidder submits pricing elements, and not actual prices, because they have no standard pricing or for any other reason, how will OGS be able to evaluate this bidder’s proposal against others received that contain actual pricing? How will price comparisons be conducted? OGS Response 46. We are unable to understand how a bidder can not identify and propose pricing for services offered.

Price will be evaluated as per Section XI Method of Award of Contract.

Price will be evaluated. Pricing must be reasonable and equal to or better than any other pricing or discount terms offered to other similarly situated customers.

"Reasonable prices" may be determined by reviewing discounts and net prices offered to: GSA, Veterans Administration, Prices on any previously awarded NYS contract, Contracts with other state or government entities, etc. Pricing equal to or better than any other pricing or discount terms offered to other similarly situated

non-government customers , Pricing offered by other Bidders responding to this RFP

The resulting value will be between 0.00 and 30.00 and indicate the rating for this section. Bidder Question 47. Vendor Question 66. Section III.1.2 Local Calling Area Defined, Page 27 - Bidders are required to adhere to the local calling area definition for New York State. All Carriers have their own definition of their local calling area. While in many instances they could be similar to each other, they will not be identical. Please define the reference to local calling area for the purposes of this bid?

OGS Answer 66. Bidders are required to describe and adhere to their commonly defined local calling areas within New York State.

Clarification question: Does this mean that OGS will accept varying responses by each bidder; i.e., each bidder may independently define their own local calling area? Is the inclusion of Area Code + local exchange (NPA + XXX) sufficient? OGS Response 47. OGS will determine, accept and score bids based upon their responses. The inclusion of Area Code + local exchange is an element of this requirement to define their local calling area.

Bidder Question 48. Vendor Question 76. Section III.1.21 Disconnection of Services, Page 31 Provide intercept for One year at no cost, The Public Service Commission deems 60 days to be acceptable and industry standard. Will the State reconsider this requirement?

OGS Answer 76. The last paragraph in Section III.1.21 Disconnection of Services, Page 31 is modified by adding:Bidders must be able to provide all Authorized Users any required intercept messages and referrals for a minimum of one year from the date of disconnection at no cost. At the time of purchase individual Authorized Users may require less than a year but the minimum requirement cannot be changed.

Clarification question: In order to comply, bidders may need to offer this service at additional cost, perhaps on a request by request basis. (a). If cost is quoted, will OGS deem this acceptable? (b). If not, why? OGS Response 48. (a) No. (b)If bidder is responding to this service the intercept messages and referrals for a minimum of one year from the date of disconnection is a no cost item.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBidder Question 49. Vendor Question 78. Section III.1.23 Busy Condition Studies/Reports, Page 32 Must provide 12 busy studies per year at no cost, our experience indicates that Customer Requests for Busy Studies is minimal. Factoring in the costs associated with mandating 12 busy studies per year per customer will negatively impact the rates proposed. Will you reconsider, making this requirement optional?

OGS Answer 78. No. Individual Authorized users may opt upon request for fewer busy studies but some may require up to 12 so the requirement must be available. To clarify, this requirement is “upon request”.

Clarification question: Again, not knowing how many users will request this makes it impossible to determine the expense of providing. Leaving this requirement open-ended will result in cost assumptions that may not be warranted. Is providing this service as an incremental, optional cost offering, so long as rates are identified in the Pricing section, acceptable? OGS Response 49. (a) No. (b)If bidder is responding to this service the busy condition study / report is a no cost item.

Bidder Question 50. Vendor Question 97. Section III.4.2, CENTREX, Station Features, Page 41 Does the State expect the service provider to provide station sets as part of its Centrex offering?

OGS Answer 97. No, RFP 20268 is not intended to include Centrex Station sets.

Clarification Question: Further clarification is requested. (a). Does OGS mean to say that Centrex station equipment is not considered to be an included feature within the quoted Centrex line rate? (b). Does OGS mean that Centrex station equipment will not be procured through this contract vehicle, even if separately (optionally) priced? (c). Will OGS potentially accept station equipment in support of a Centrex offering priced separately from the base service offering? OGS Response 50. (a) Correct Centrex station equipment is not part of this contract. (b) Correct. Centrex station equipment will not be procured through this contract even if separately (optionally) priced. (c) Centrex Equipment would need to be obtained via other contracts and not those awarded as a result of RFP 20268.

Bidder Question 51. Vendor Question 101. Section III.4.14, CENTREX, Additional Requirements, Page 45 The Bidder is not entitled to impose any minimum service period for the products/services required by the Contract, We respectfully ask that OGS reconsider this provision. It is unlikely that the State will achieve competitive pricing when the vendor can not even assure itself a reasonable period to recover costs. Services such as Centrex can require significant investments for service provisioning. Absent an ability to recover costs over a specified period, vendors will be forced to build cost recovery into non-recurring rates.

OGS Answer 101. Awarded contracts will be used by a varied user community including large and small, experienced and novice. We understand the concern, and while it is not the norm to switch out service or providers often, it is desirable to provide that option in the event it is needed. OGS is unable to grant this request.

Clarification question: We appreciate the diverse user base OGS supports, however, there are regulatory requirements governing the absolute requirement to recover cost. These regulations go beyond a corporate desire to recover cost, they are mandated by law. Given this further explanation, we do not understand how OGS can deny this request. (a). Will OGS accept a provision to allow for recovery of any such costs? (b). If not, please provide an explanation for OGS’ inability to grant.

OGS Response 51. Please identify the law mandating the cost recovery. OGS is soliciting responses for Centrex Services. The prices bid should encompass recovery costs as well as costs to provide the service. OGS is not denying the recovery of costs. (b) OGS does allow the recovery of costs. All costs need to be identified in Appendix C.

Reference additional comments and discussions at the pre-bid meeting (Page 39). Bidders are required to identify all one-time and recurring costs in appendix C. Authorized users will make their determinations based upon their needs at the time of purchase, utilizing resultant contracts awarded from RFP 20268.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBidder Question 52. Vendor Question 147. Section V.1.3, Managed Service, Internet Access Service, Access Type, Page 73 Point of clarification – Document states Bidders may not offer data communications services independent of Internet Access Services. Can you confirm that this statement infers the following: An Internet service provider may offer Internet service even if they are unable to offer data communications services? A provider may offer data communications services as a stand alone product without Internet services. If a provider offers Internet service where data communications services are an integral part of such services then they must be priced as a package and not separately.

OGS Answer 147. Bidders must indicate their ability and list all services and pricing that can be provided. A bidder may not offer data communications services as a stand alone service. The data communications must be an integral part of the Internet access service bid.

Clarification question: (a). Does OGS mean that under this particular section, and its corresponding pricing section, “bidder may not offer data communications services as a stand alone service”? (b). Please define data communications services in the context of your answer. (c). Our belief is that this bid does indeed request data communications services; i.e., private line, frame relay, DSL, ATM, etc, and that you are referring to the specific section, “Managed Service, Internet Access Service”, is that correct? OGS Response 52. (a) Correct. Section V.1.3 Managed Service, Internet Access Service, Access Type is intended to describe access types for the provisioning of Internet Access only. The use of access circuits is required to be an integral element of the Internet Managed Service offering and not provisioned as a “Private Line Service” (b) The reference to “data communications services” is intended to describe transfer of data between two points. (c) The RFP 20268 does request data communications services; i.e., private line, frame relay, DSL, ATM, etc, however under their appropriate section such as IV Connectivity Services – Lot 2, Private Line Data Services. Any Services being bid, must be submitted in the categories within the lots identified on pages 19 and 20.

Bidder Question 53. Vendor Question 148. Section V.1.6, Managed Service, Service Level Agreement, Page 74 Bidders must provide an SLA for all internet and hosting services with the following as a minimum performance levels…., The SLAs referenced may not be available depending on the access type (i.e., Dial-up, DSL, etc). Will OGS accept reasonable SLA responses taking into account factors such as the type of access?

OGS Answer 148. Yes. Bidders must describe in detail any deviation to the stated SLA based upon type of access or public network use.

Clarification question: (a). Both in this section and others governing OGS requested SLAs, does OGS’ above response, “Bidders must describe in detail any deviation to the stated SLA”, indicate that if any requested SLAs cannot be met/agreed to by a respondent, that OGS will consider bidder’s alternatively proposed SLAs? (b). Will bidder’s response be deemed compliant relative to SLAs, even if all OGS requested SLAs are not agreed to but deviations are described, as your above response appears to indicate? OGS Response 53. (a) Yes (b) Compliance will be determined if the evaluation of the proposed deviation response meets the original SLA intent in RFP20268.

Bidder Question 54. Vendor Question 176. Section VI.4.2, Provisioning of Services, Required Project Manager, Page 93 What is the duration of the "implementation period"? Is it initial conversion project? Does it exclude MAC activity after initial conversion?

OGS Answer 176. The Implementation period is to be mutually agreed upon between the Contractor and the Authorized User not including MAC activity after the initial conversion?

Clarification question: Please describe what is meant by, “not including MAC activity after the initial conversion”. OGS Response 54. This refers to post conversion MAC activity. The statement “not including MAC activity after the initial conversion” references any move, add, change (MAC) that will not require a project manager during the implementation period.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBidder Question 55. Vendor Question 199. Section VI.5.7, Billing Requirements, Inappropriate Information in Bills, Page 97 The Contractor must not include inappropriate or unrelated flyers, brochures, notices, etc. in any invoice for the contracted Telecommunication Services. Inappropriate inserts, including notices for services not available on this contract, bill change notices for services for which the Authorized User has not contracted or for areas outside of New York. For example, a bill insert notifying the Authorized User that a new monthly charge for users in Virginia will begin next month. Only inserts specifically designed to inform the Authorized User about the contracted Telecommunication Services, new enhancements to those services, new services approved for the contract or billing information specific to the contracted services may be included in the Contractors bill., Certain billing systems/processes may not be able to differentiate the multitude of bills currently in existence for Authorized Users to this level. For incumbent service providers, this may not be a requirement which can be achieved. Requirement may cause vendors to incur additional costs to fulfill this contractual obligation, causing modification of a vendors billing systems, resulting in additional costs, that will significantly impact rates of the services provided. Will the State reconsider this requirement?

OGS Answer 199. No.

Clarification question: Some legacy billing systems may not allow for exclusion of standard bill inserts. It is not unreasonable to assume that these billing systems could be in the tens to hundreds of millions of dollars to alter/replace and involve timeframes well beyond a year should they be replaced. It simply may not be practicable for a vendor to abide by this requirement. (a). We respectfully request, OGS please explain why this is a mandatory requirement and ask that the State reconsider this. (b). Are there any alternatives OGS will consider? OGS Response 55. (a) The requirement is to not include inappropriate or unrelated flyers, brochures, notices, etc. This will be discussed at the Pre-Bid meeting in reference to identifying customers rates and what included in an invoice package.

Reference: Page 40 of the Pre-bid Meeting Minutes for additional clarification. OGS expects that potential bidders will develop solutions to resolve this potential problem.

Bidder Question 56. Vendor Question 205. Section VI.5.14, Billing Requirements, Single Agency/Multiple Location, Page 99 states “The Contractor must provide an individual invoice for each specific Telecommunications Service installed in each location of the Authorized User with multiple locations.” Question: What is a Telecommunications Service in this RFP, e.g. a Lot, a Category in a Lot, or an individual circuit that is part of a Category in a Lot?

OGS Answer 205. Category of Service per service order

Clarification question: To provide individual invoices for each service provided by location may result in multiple additional invoices for many authorized users. (a). Does OGS mean to require vendors to disaggregate billing to this level? Please note most users have requested the inclusion of as many services as possible on a single invoice which is in complete contradiction to what OGS appears to be requesting. Please clarify. OGS Response 56. OGS’s research indicates that Authorized Users prefer individual bills for individual services. This leads to more timely payments. The intention is to require clear, concise and organized invoicing by the eventual contract holders.

Bidder Question 57. Vendor Question 210. Section VI.5.17, Billing Requirements, Billing of Past Charges, Page 99 – Contractor may not bill Authorized Users for any monthly service or usage that was utilized 60 days prior to the beginning of the then current billing cycle. There may be certain circumstances preventing contractors from adhering to this schedule. The PSC allows for billing adjustments (debits and/or credits) for a period significantly beyond 60 days, acknowledging that users should pay for actual services provided. We respectfully request OGS reconsider this requirement.

OGS Answer 210. No.

Clarification question: Please more fully explain your answer. While all commercially available efforts may be utilized, there are instances when services may initially bill beyond a sixty day period. Under what circumstances is it reasonable that users not pay for services received?

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS Response 57. Authorized Users are responsible for contract services received however the invoicing of the services rendered may not extend past 60 days prior to the beginning of the then current billing cycle to be considered for payment. This is due to New York State fiscal years and possibility of lapsing funding.

Bidder Question 58. Vendor Question 212. Section VI.5.18, Billing Requirements, Disputed Charges, Page 99 In order to avoid possible past due or termination notices, the Contractor must remove any disputed amount from the Authorized Users monthly bill until resolution of the disputed amount. Should the disputed amount actually be a valid charge, the Contractor can then re-bill the Authorized User for that amount – clearly identifying the re-billed figure. Should the disputed amount be an invalid or incorrect charge, the Contractor will not re-bill that amount to the Authorized User. Maintaining the disputed amount on invoice serves as a reminder to all parties that the issue is unresolved. Tracking of disputed amounts that have been "temporarily" removed from invoices will require additional system support and resources not only from the vendors' perspective, but from the agency's perspective as well. Also, removal of the amount implies that resolution has been attained. Changes to personnel within an agency's accounts payable department that are familiar with a disputed amount (that has been removed from the invoice because of this requirement) may cause unnecessary confusion for new staff/management that may not have been aware of pending concerns. Please confirm that this requirement is in accordance with Sarbanes-Oxley Act. We respectfully request OGS reconsider this requirement.

OGS Answer 212. OGS is unable to remove this requirement. Bidders should describe fully in their proposal their procedures for disputed charges, keeping in mind that any disputed charge can not be considered delinquent or lead to any disconnection of service.

Clarification Question: Please explain why OGS is unable to remove this requirement. Please refer to our initial comments in question 212 above. OGS Response 58. Bidders are encouraged to offer alt solutions to include disputed amounts on invoices without them appearing as part of an current invoice total. The intent is to prevent any termination of services for amounts in disputed.

Bidder Question 59. Vendor Question 216. Section VI.5.21, Billing Requirements, Penalty for Non-Compliance, Page 100 The contractor is required to provide the accounts receivable reports within 60 calendar days of the date of request by the Authorized User. Should the Contractor fail to provide this information within 60 calendar days of said request, the Authorized Users may withhold all payments against the account in question until the account is reconciled by the Contractor. Should the contractor fail to resolve the discrepancy with the Authorized User, the Authorized User may terminate its account with the contractor resulting in the contractor assuming responsibility for the charges in question and migration to comparable services with another Contractor at the Authorized Users discretion.

We have interpreted this section to represent that a failure to provide a statement of accounts receivable within 60 days of request, will result in an authorized user's right to refuse to pay any outstanding receivables. Additionally, the contractor may incur additional costs should the authorized user migrate to services with another contractor. Please provide clarification.

OGS Answer 216. The interpretation is correct.

Clarification question: It is likely that vendors will not agree to pay additional costs should user migrate to services of another contractor. In an effort to avoid an extraneous term, taking exception to this request, will OGS reconsider this requirement? OGS Response 59. OGS is unable to remove this requirement. Authorized Users need to have the ability to receive correct billing in a timely manner and incur additional cost to no fault of their own. However we will modify this requirement as follows:

Section VI.5.21, Billing Requirements, Penalty for Non-Compliance, Page 100 The contractor is required to provide the accounts receivable reports within 60 calendar days of the date of written request, or another period of time if agreed to by the Authorized User. Should the Contractor fail to provide this information within 60 calendar days of said written request, or another period of time if agreed to by the Authorized User the Authorized Users may withhold all payments against the account in question until the account is reconciled by the Contractor. Should the contractor fail to resolve the discrepancy with the Authorized User, the Authorized User may terminate its account with the contractor

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPresulting in the contractor assuming responsibility for the charges in question and migration to comparable services with another Contractor at the Authorized Users discretion

Bidder Question 60. Vendor Question 217. Section VI.5.23, Billing Requirements, System Fraud Control, Page 100 Should the Contractor fail to identify and resolve the unauthorized usage or fraud activity with the Authorized User, the Contractor will assume all responsibility for the charges in question. Some Contractors may have processes in place to assist in identification of fraud but ultimate responsibility to assure security of services rests with the Authorized Users. Given that authorized users are ultimately responsible for use within their own entities, how can OGS require the Contractor to assume financial responsibility?

OGS Answer 217. Contractor would only assume financial responsibility if they should fail to identify and resolve the unauthorized usage or fraud activity with the Authorized user.

Clarification question: Please refer to our original question. (a). How can OGS require contractors to be financially responsible for identification of all fraud activity? (b). How can Contractors be held responsible to resolve all acts of fraud? (c) We do not understand how your response to our question provides additional clarification, “Contractor would only assume financial responsibility if they should fail to identify and resolve the unauthorized usage or fraud activity with the Authorized user”. If an employee, or contractor working for an Authorized User, is responsible for the fraud, isn’t it the Authorized users responsibility to identify and resolve the unauthorized usage or fraud? Please provide further clarification of your response. Again, Contractors are not in control of many aspects relative to cases of fraud. OGS Response 60. The issue here is notification and prevention. (a) Section VI.5.23 provides bidders the opportunity to describe in detail, in their proposal, the processes, methods and plans and timeframes to prevent and notify the Authorized user of fraud activity for services contracted from the bidder by the Authorized User. Additionally, bidders should indicate Authorized User requirements to assist service providers in the identification of possible fraudulent activity. The failure of the contractor to comply with their stated processes will require the contractor to assume all responsibility for the fraudulent charges associated to the contracted service provided. (b) It is not the intent of OGS that the contractor is required to be responsible to resolve acts of fraud by the Authorized User however failure to notify Authorized Users based upon their proposed processes with regards to identification and resolution of unauthorized or fraud activities. (c) Authorized Users are responsible for the Unauthorized or fraudulent usage by their employees, contractors, etc however the bidders are required to identify in their proposal the processes to identify, notify and assist the Authorized User in the identification and prevention of unauthorized or fraudulent usage.

Bidder Question 61. Vendor Question 236. Section VI.8.3, Administrative and Reporting, Contract Update, Page 107 Price Increases, Please identify the circumstances under which price increases are permissible.

OGS Answer 236. In the case of services having mandated FCC charges and these charges are increased the costs would be passed on to end users. Reference the Contract Update clause for the procedures to notify OGS of the changes.

Clarification Question: (a). Is the instance cited in your response above; i.e., “mandated FCC charges”, the only circumstance under which a price increase is allowed? (b) If not, please identify other circumstances or factors under which price increases will be accepted. OGS Response 61. (a&b) Mandated FCC charges and any other request for price adjustment must be submitted via a regular add form. Reference Section VI.8.3 Contract Update Page 106 § b) Regular Add for instructions on how to request any price adjustments.

Bidder Question 62. Vendor Question 237. Section VI.8.4, Administrative and Reporting, Emerging Technologies, Page 107 The State reserves the right to modify the terms of the RFP at any time to allow for Emerging Technologies not identified elsewhere under this document. If there are repeated requests for an “Emerging Technology,” and OGS feels it is warranted to add such technology to the list of Categories of Expertise, OGS reserves the right to include such technology hereunder or to issue a formal modification or amendment to the RFP or resulting contract. The technology will have to have been in the commercial marketplace for a reasonable amount of time and have met with some degree of success among a substantial base of Issuing Entities to be considered by OGS as a new category for contract services., Will OGS advertise requests for emerging technology updates to allow all qualified contract awardees the opportunity to respond?

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS Answer 237. For contract holders Section VI.8.3, Contract Update, (page 106) would be used to add emerging technologies. For non-contract holders OGS may advertise requests from emerging technologies utilizing the Periodic Recruitment provisions of the RFP. All provisions of RFP 20268 would be required in the case of such issuance. Reference Section I.7 Periodic Requirement (Page 22) for non-contract holders.

Clarification question: Is this section in contradiction to OGS’ requirement that any category of service be offered minimally for three years by bidders before being proposed to OGS? If so, how will OGS differentiate as to when three years are required?

OGS Response 62. No. Reference Section II Qualification of Bidder. Bidders must have at least 3-years in continuous operation and experience in the service being bid or provide acceptable evidence of experience and expertise in the Lot and Categories bid. In the case of emerging technologies OGS realizes that there may be no vendors who have 3 years experience in the service offered. Each case will be judged on its own merit

Bidder Question 63. Vendor Question 243. Section VII.2, Network Management, Management by the Authorized User, Page 110 The Contractor, at no additional cost, must train appropriate Authorized User personnel in the correct manner in which to report service troubles, follow-up on trouble reports, order new services or on how to obtain network information regarding the installed services from bidders. This training must be conducted on-site at the Authorized User site and must be provided, at no additional cost and at the Authorized Users request, while the Authorized User has contracted for the Contractors services. Many of the services offered are relatively simple in nature, requiring straightforward instruction in how to report troubles, follow-up on troubles, order services or in how to obtain network information. Requiring on site training in these instances adds unnecessary expense and may result in respondents including unnecessary cost in their pricing. We respectfully request OGS reconsider this requirement, perhaps requesting a description from respondents as to how they would provide such information to Authorized users.

OGS Answer 243. Add the following language to Section VII.2 Page 110: “This training must be conducted on-site (Unless otherwise agreed upon by the Authorized Users) at the Authorized User site and must be provided, at no additional cost and at the Authorized Users request, while the Authorized User has contracted for the Contractors services.”

Clarification question: We respectfully submit that OGS’ response does not satisfy our stated concern. The primary concern centers around increased cost associated with users requesting “on-site” training when realistically this may not be required. If users can choose to have vendors on- site at no additional charge, vendors are placed at potential risk of incurring additional unnecessary expense. (a) Please explain why vendors can not offer this on-site training at additional optional prices in circumstances where services offered are relatively simple in nature, requiring straightforward instruction in how to report troubles, follow-up on troubles, order services or in how to obtain network information. Requiring onsite training in these instances adds unnecessary expense. (b) We respectfully request OGS reconsider this requirement, perhaps requesting a description from respondents as to how they would provide such information to Authorized users.

OGS Response 63. (a&b) Bidders may offer prices for training offered and describe alternatives where they feel on sight training is not required and provide copies of training material that would be offered in lieu of onsite training. In the case of new applications or equipment conversions Authorized Users will make the final determination regarding training requirements. Bidders are encouraged to submit all instances where training has a cost associated.

Bidder Question 64. Vendor Question 244. Section IX, Service Level Agreement, Page 111 - We respectfully request OGS reconsider prescribing SLA's and Liquidated damages. The minimum requirements specified in this procurement and particularly in the table on p.112 are far from industry standard, particularly for a bid where absolutely no service is committed. Further, they are inconsistent with SLA descriptions further identified in subsequent text (see p.116 - critical maintenance requirements and p.118 emergency maintenance requirements, where required repair times stipulate stipulated as 4 hours and 8 hours respectively, in contrast to the table on p.112). The premiums these SLAs will add to service rates will be exorbitant. In a best value evaluation such as this, we believe OGS will be better served by letting the market identify the most competitive parameters for

service delivery. SLA's can be a distinguishing element for differentiating service and the vendor community should be encouraged to be as flexible as possible. We suggest the table on p.112 be deleted as well as penalty calculations

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPcontained throughout the RFP document; i.e., sections IX.6.2, IX.6.3, IX.6.4, IX.6.5, IX.6.6, IX.6.7 and IX.6.7. In all cases, the required penalties are well above industry norm and may not be reasonably agreed to by any qualified respondent.

OGS Answer 244. Bidders are encouraged to propose alternate Service Levels as “optional” that meet the requirements of RFP 20268. Bidders are required to identify all pricing elements in Appendix C.

Clarification question: (a). Please more fully describe what is meant by OGS’ response, repeated here: “Bidders are encouraged to propose alternate Service Levels as “optional” that meet the requirements of RFP 20268.” (b) Does OGS mean that vendors can provide alternatives to OGS’ stated SLAs and still be deemed compliant? (c). If proposed SLAs are not identical to those requested in the above referenced sections, will they be accepted as having met the requirements of RFP 20268? (d). If not, please describe what would be acceptable. OGS Response 64. (a) As an optional substitute to the state Service Levels (SLA’s), bidders may propose alternative Service Level Agreements. (b&c) Yes, Compliance with RFP requirements will be determined during the evaluation of any proposed SLA’s that deviate from the requirements described in the RFP.

Bidder Question 65. Vendor Question 246. Section IX.1.1.1, Service Level Agreement, Page 112 Footnote 1, as defined, an Authorized User could and likely would identify every circuit as priority. We do not believe this is OGS' intent, but that is what the language as currently constructed allows. As such OGS could conceivably find itself in a position where true priorities could not receive the appropriate attention as Contractors might struggle to meet all identified priorities, whether or not they truly are. A more standard, reasonable requirement would be that Contractors must agree to compliance with Telecommunications Service Priority (TSP) or other service priority provisions issued or governed by federal or state authorities. Please clarify that the latter is the intent of OGS.

OGS Answer 246. Section IX.1.1.1 Mean Time to Respond/Repair (MTTR) Footnote 1 is amended as follows:1 Services indicated as being “critical” or “priority” or “public health and safety” in compliance with Telecommunications Service Priority (TSP) or other service priority provisions issued or governed by federal or state authorities shall, for purposes of the above table, all be deemed to be covered by the label “critical.” The State and Authorized Users reserve the right, upon at least seven days’ advance notice to the Contractor, todesignate the products, circuits, services and Authorized User, departments or organizations deemed to be “critical,” or “priority,” or “public health and safety,” and the Contractor shall be bound by such designations. Other services, for purposes of the above table, shall be deemed “non-critical.” Additionally, Significant and Catastrophic shall be synonymous with Critical.

Clarification question: Bidder acknowledges the inclusion of the above reference to “TSP or other service priority provisions” but believes that the continuation with “The State and Authorized Users reserve the right, upon at least seven days’ advance notice to the Contractor, to designate the products, circuits, services and Authorized User, departments or organizations deemed to be “critical,” or “priority,” or “public health and safety,” and the Contractor shall be bound by such designations.” may result in potential conflict, making it difficult for vendors to focus emergency restoral efforts on these as well as actual TSP designated priorities. Bidder believes part of the process around TSP parameters is to prevent confusion in times of true emergency regarding which services are designated priorities. Again, bidder submits that by allowing authorized users to self-identify services as critical, OGS runs the risk that restoral of emergency services may be delayed while vendors focus on multiple user identified “critical” services. Please reconsider this section, with the objective of eliminating arbitrary designation of critical services and allowing federal and state provisions to assist in identification of such critical services. OGS Response 65. (a) OGS can not remove this requirement. Only Authorized Users can determine what constitutes critical, priority or public safety items and only Authorized Users know what is critical to them.

Bidder Question 66. Vendor Question 257. Section IX.6.5, Restitution, Chronic Service Outages / Unsatisfactory Performance, Page 120 Would the State clarify the definition of “Chronic Service Outages”? Would the State agree to a pro rata daily credit (not to exceed the amount of the monthly access charge for the affected Authorized User) for the period without wireless service if an Authorized User is unable to receive wireless service while in the Contractor’s service area for more than 24 continuous hours?1

Would the State agree to a right to cure period of 30 days?2

OGS Answer 257.1) No

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUP2) No

Clarification question: Vendor question appears to pose 3 concerns, however two answers are provided. Can OGS revisit this question and provide clarification.

OGS Response 66. The definition was inadvertently over looked. “Chronic Service Outages” is defined as an outage for a particular product/service or associated group of products/services that has been reported by the State or Authorized User, or that the Contractors network management organization determines a Trouble exists on its own; three times within a 90-day period.

Bidder Question 67. Vendor Question 264. Section XII.3, Special Terms and Conditions, Contract Migration, Page 124 Would the State acknowledge that a State agency or any authorized user migrating to the State and Contractor's new agreement will not receive retroactive credits or adjustments based on the contract approval date?

OGS Answer 264. Yes.

Question 265. Section XII.3, Special Terms and Conditions, Contract Migration, Page 124 State Agencies or any other authorized user holding individual contracts with bidders or with centralized contracts shall be able to migrate to this contract with the same Bidder, effective on the contract approval date at no charge or penalty retroactively, if applicable). Migration by an agency or any other authorized user to thecentralized contract shall not operate to diminish, alter or extinguish any right that the agency or other authorized user otherwise had under the terms and conditions of their original contract., In all likelihood, there are numerous individual contracts, which may contain terms and conditions; including price, predicated on certain volume and term commitments. It is feasible that these services may not be able to migrate to this contract without charge or penalty as costs may not have been recovered. This cost recovery is often a regulatory requirement. We respectfully submit that OGS cannot mean to intend that incumbent providers comply with this requirement when to do so could mean that cost recovery, mandated by regulatory bodies, would not be achieved. On the other hand, most centralized, backdrop contracts have no such term and volume commitment making migration at no charge a more reasonable request. Please clarify that it is OGS' intent to require migration from existing contracts with no term and/or volume commitment without penalty or additional charge but for those contracts with outstanding commitments, this section does not apply.

OGS Answer 265.OGS has not established any requirement for authorized users to migrate from an individual contract to any centralized contract, what the section states is that there can be no charge or penalty to users who choose to migrate. OGS is referring to existing statewide contracts not individual contracts. We do acknowledge that a user may have utilized a centralized contract and committed to a term of service which extends beyond the expiration of the centralized OGS contract it was acquired from. In these instances, where it is more advantageous for users to migrate, they may upon mutual agreement and negotiation do so.

The language will be amended to:State Agencies or any other authorized users obtaining services via a current OGS centralized contract shall be able to migrate to any contract awarded to the same vendor as a result of RFP 20268, effective on the contract approval date, with no charge or penalty. Any rate changes resulting from such migration will be applied retroactively, if applicable. New rates would be effective upon written notice from the authorized user to the service provider and not dependent on the actual date of migration. Migration by an agency or any other authorized user to any new centralized contract shall not diminish, alter or extinguish any right (that normally survives end of the contract period) that the agency or other authorized user had under the terms and conditions of their original contract. In instances where it is more advantageous for users to migrate, they may do so upon mutual agreement and negotiation with the contractor.

Clarification question:

OGS’ responses to question 264 and 265 seem to be contradictory per the excerpts below:

Answer 264: “Would the State acknowledge that a State agency or any authorized user migrating to the State and Contractor's new agreement will not receive retroactive credits or adjustments based on the contract approval date?

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPAnswer 264. Yes”.

AND

Answer 265: “Any rate changes resulting from such migration will be applied retroactively, if applicable. New rates would be effective upon written notice from the authorized user to the service provider and not dependent on the actual date of migration.”

Please explain the differences between the two or which one is OGS’ intent.

OGS Response 67. For answer 264 and 265: For existing customers the credits or adjustment would begin as of the contract approval date. For new customers it would begin as of the date of written notice to the service provider. Retroactive credits will begin on contract approval date (existing customer) or date of written notice (new customer).

Bidder Question 68. Appendix B Question 1

5. Definitions

Bid or Bid proposal:

Definition has been expanded to include, “the Bid or proposal may be subject to modification through the solicitation by the Agency of best and final offers during the evaluation process prior to recommendation for award of contract”.

Bidder recognizes the intent of the revised Appendix B is for use beyond this single procurement. Specifically, for RFP 20268, will OGS request best and final offers during the evaluation process, meaning a request for reduced pricing, prior to recommendation for award of contract?

OGS Response 68. OGS will not be requesting best and final offers during the evaluation process.


5. Definitions

Responsible Bidder

It is noted that language relative to Sections 139-j and 139-k has been added. Please define any such restrictions on contacts and how disclosure must be provided

OGS Response 69. Reference the following link for complete information. http://www.ogs.state.ny.us/aboutOgs/regulations/defaultProcurement.html

For purposed of RFP 20268 The designated contacts are :Hal Bartley, Larry KleinPurchasing Officer I Team Leader(518) 474 – 6705 (518) 473 - [email protected] [email protected] Question 70. Appendix B Question 3

Reference Paragraph 14. Confidential/Trade Secret Materials, b. Commissioner or Authorized User



http://www.ogs.state.ny.us/aboutOgs/regulations/defaultProcurement.html

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPBidder acknowledges the importance of safeguarding proprietary information. Can you provide additional guidance to assist bidders in identification of what information is considered proprietary? Bidders are obligated to provide detail around what information is considered exempt from public disclosure. Will Authorized Users be required to do the same so that Bidders do not inadvertently disclose information? OGS Response 70. OGS can not make a determination as to what bidders consider proprietary. If there were a situation that requires confidentiality the determination would be made at the time of purchase.


39. Participation in Centralized Contracts, e. Contract Migration

Authorized Users…”shall be permitted to migrate to the Centralized Contract effective with its commencement date”. If an Authorized User desires to migrate, there will be some reasonable transition period for migration during which rates and terms of the prior contract would continue. Will OGS please clarify that this section does not mean that the rates and terms of the Centralized Contract would apply back to its effective date and prior to completion of migration to the Centralized Contract? OGS Response 71. For existing customers the credits or adjustment would begin as of the contract approval date. For new customers it would begin as of the date of written notice to the service provider. Retroactive credits will begin on contract approval date (existing customer) or date of written notice (new customer).


40. Modification of Contract Terms, paragraph 2

The Contractor may offer Authorized users more advantageous pricing, etc… “a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at time of offer”. Does OGS mean the OGS Commissioner or the Commissioner of the Authorized User for whom the offer is intended? Does Contractor need approval before proceeding with any such modification of term? If so, please describe that process? OGS Response 72. The term “Commissioner” refers to the commissioner of OGS, as a practical matter the contract administrator would be the individual who would be notified. Contractors do not need approval to offer more advantageous pricing.


60. Termination, b. For Convenience

Revisions to this paragraph are noted. Please refer to the following, “the Authorized User shall remain liable for all accrued but unpaid charges incurred through the date of termination”. Is bidder correct in interpreting this to include that the Authorized User remains liable to the Contractor for any otherwise unrecovered costs incurred in providing the service to the Authorized User?(A) If bidder is not correct, please provide clarification as to the meaning of this clause.

Further, this section states, “Such termination of the Contract shall not affect any project or Purchase Order that has been issued under the Contract prior to the date of such termination”. (B) Does this mean that projects and Purchase Orders placed prior to Termination for Convenience will survive beyond the date of termination for convenience? (C) If so, are such projects and Purchase Orders contractually valid for the remainder of the original contract term? If not, please provide further clarification as to the meaning of this sentence.

OGS Response 73. (A) this refers to accrued but unpaid charges (i.e. Monthly invoices) As to unrecovered costs we do not know what is meant by this statement. The section allows for payment of unpaid invoiced items.

(B) PO placed prior placed prior to the contract termination will remain in effect until the terms of the original Purchase Order is met.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUP(C) This would depend on the terms of the Purchase Order. For example if a PO were issued for service for a period of 2 yrs which would have coincided to the original contract termination date that PO would survive until the date indicated occurred. On the other hand if a PO was issued for a period of 1 yr and a renewal was sought and the contract was term for convenience no new PO could be issued.

Bidder Question 74. Section IV.8.5, Erred seconds are typically a metric associated with transport services and not Ethernet services. What other network uptime/availability numbers (ex. latency, packet loss, and uptime) would you accept?

OGS Response 74. Section IV.8.5 is adjusted to the following: Bidders must state the percentages of network uptime for the Ethernet service proposed.

Bidder Question 75. Section V.1.1, This section states that the bidder must provide QoS services and have the ability to segment traffic, what will this capability be used for? What services should be supported? What would be the expected origination and termination points for prioritized sessions?

OGS Response 75. Since the Authorized User needs are varied, this will be determined by the authorized users depending on their needs at the time of purchase.

Bidder Question 76. Section V.1.1, Bidder must provide QoS services (Quality of Service) and have the ability to segment traffic. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables. Please confirm requirements of QoS on Internet Services. Is this intended for Site-to-Site data transmission (i.e. MPLS)?

OGS Response 76. Since the Authorized User needs are varied, this will be determined by the authorized users depending on their needs at the time of purchase.

Section V.1.1 is adjusted to the following:

It is desirable that bidders provide QoS services (Quality of Service) and have the ability to segment traffic. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables.

It is desirable that bidders provide load-balancing services. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables.Bidder Question 77. Section V.1.3, What are Data Communication services referred to in this section?

OGS Response 77. The “Data Communication services” references connectivity options such as but not limited to Dial-up, Dedicated, DSL, Tl, Cable, ISDN, Fiber and point to point wireless broadband, etc…

Bidder Question 78. Section V.1.3, Bidder must provide data communication services in combination with Internet access services. The cost table must have the costs itemized for the individual data communications services and the Internet services. Bidders may not offer data communication services independent of Internet access services. However, bidders cannot require both the purchase of data communications and Internet services together. The response must describe, in their proposal, these services and the respective costs must be included in the Attachment C Cost Tables.

We have read and understand Question 147 from the Q&A, however, the answer to still somewhat unclear to us. Does your reference to data communication services refer to the separation of bandwidth and the local transport costs, or are you saying, for example, that we cannot offer our Ethernet WAN services without combining them with our Internet Services? If you are not referring to local transport at data communications services, please give an example of data communications.

Group 77017 Comprehensive Telecommunications Services of 262 Award 20268 PROCUREMENT SERVICES GROUPOGS Response 78. Reference Section IV.8 ETHERNET SERVICES (MAN/WAN) for requirements to offer standalone Ethernet WAN services. Lot 3 Managed Services, Section V.1 Internet Service requests bidders to identify access methods such as DSL, Ethernet, etc in conjunction with providing Internet Service however the access methods for bids associated to Lot 3 Managed Services, Section V.1 Internet Service are not intended to be standalone in this category.

Bidder Question 79. Section V.3, Please elaborate on what is meant by a carrier-neutral environment.

OGS Response 79. OGS is seeking an environment that would be service accessible by multiple service providers to provide Telecommunications services to and from the co-location facility/environment. OGS is not seeking any vendor specific collocation service but generic collocation services that would accommodate multiple service providers.

Bidder Question 80. Section V.4.5, Does “Category of Service” refer to CoS/QoS? If so, can the State provide further definition in terms of what would be required? If not, what is meant by Category of Service?

OGS Response 80. Yes, bidders are requested to propose their supported Class of Service abilities in this Category of Service.

Bidder Question 81. Appendix B-1, Taxes and Fees With regards to describing and articulating on how taxes, fees and surcharges will be calculated and applied within the pricing Attachment C, will percentages of these charges by product suffice, or would OGS like to see the actual dollar amounts for these charges?

OGS Response 81. Taxes and surcharges are to be identified and ultimately applied as defined by the entity having statutory authority to impose such taxes and fees. Appendix C should identify taxes and surcharges as a percentage or a fee as applicable.

Bidder Question 82. On page 11, OGS notes that all bids must be prepared “using indelible ink” with “the name of your company on each page of the bid with the block provided.” Is indelible ink and the name of the company only required for the Bid Document (as described on page 128) or must a company follow that same Bid Document Format for the Bidder’s Qualifications, Evidence of Financial Security, State Net Price Listing and Extraneous Terms as well?

OGS Response 82. Indelible ink is required for all signatures and legal documents as required. The completions of the bid package sections do not require indelible ink.