General Services Agency - acgov.org · General Services Agency Aki K. Nakao, Director ADDENDUM No....

General Serv ices Agency

Aki K. Nakao, Director

ADDENDUM No. 2

RFP No. 004-1-0454

For Avaya Telecommunications Equipment Procurement, Installation and Support Services

Specification Modification for Exhibits B-2 and B-3

Attached Exhibit A, a Bid Acknowledgement for this addendum, must be signed and returned with the

bid response. A bid will be judged incomplete if all addenda pertaining to this RFP are not acknowledged in this way.

The following Bid Form Exhibit Changes have been made: This addendum consolidates bid sections B-2: Maintenance Agreements for Avaya Equipment Items and B-3: Around-The-Clock Monitoring and Repair Dispatch. The County Selection Committee has determined that the best interest of the County will be served if one prime contractor is responsible for both of these services. Bidders shall submit prices on the Bid Form Exhibit B-2 (revised) which incorporates the maintenance agreement and around-the-clock monitoring. Subcontracting, partnering and all other requirements remain the same.

Bidders shall complete Exhibits, B-2A and B-2B (revised B-3A) supplemental pricing Bid Forms for maintenance and around-the-clock monitoring including Communications Management Systems (CMS) equipment. This requirement was first requested in the release of Addendum 1. The costs to provide maintenance service (B-2A) and around-the-clock monitoring (B-2B) for each switch shall be entered in the column labeled “Bid Price” on the applicable form. Totals shall be entered on the revised Exhibit B-2.

Bidders need not match quote totals to their original submissions. Economies of scale may allow a reduction in the total quote of B-2 plus B-3.

of 2

The revised CALENDAR OF EVENTS for just the exhibits of Bid Form B–2 is shown below:

Event Date Addendum No. 2 Issued May 17, 2002 Responses Due for Bid Form B-2 (revised)

BEFORE 2:00 P.M. on May 28, 2002

Evaluation Period April 9,2002 to June 7, 2002 Bidder Interviews May 30, 2002 to June 4, 2002 Board Letter Issued June 7, 2002 Board Award Date June 25, 2002 Contract Start Date August 1 or September 1, 2002

of 2

RFP No. 004-1-0454, Addendum No 2.

The County of Alameda is soliciting bids from qualified vendors to furnish its requirements per the specifications, terms and conditions contained in the above referenced RFP/Q number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled. 1. Preparation of bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and

corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing bid. (b) Quote price as specified in RFP/Q. No alterations or changes or any kind shall be permitted to Exhibit B, Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not bidding.

3. Taxes and freight charges: (a) Unless otherwise required and specified in the RFP/Q, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by County, will be paid by the County unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the County of Alameda are exempt from certain Federal excise taxes. The County will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFP/Q gives notice of an all-or-none award, the County may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP/Q. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent indemnity: Vendors who do business with the County shall hold the County of Alameda, its officers, agents and employees, harmless from liability of an nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the County and if not destroyed by test may upon request (made when the sample is furnished), be returned at the bidder’s expense.

7. Rights and remedies of County for default: (a) In the event any item furnished by vendor in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by vendor with its bid, the County may reject the same, and it shall thereupon become the duty of vendor to reclaim and remove the same forthwith, without expense to the County, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should vendor fail, neglect or refuse so to do the County shall thereupon have the right purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the County. In the event that vendor fails to make prompt delivery as specified for any item, the same conditions as to the rights of the County to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b)Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the vendor. (c) The rights and remedies of the County provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP/Q, or from date correct invoices are received by the County at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the County warrant check.

9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

10. No guarantee or warranty: The County of Alameda makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

THE undersigned acknowledges receipt of above referenced RFP/Q and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the vendor indicated below, in accordance with the specifications, terms and conditions of this RFP and Bid Acknowledgement.

Firm: Address: State/Zip

By:_______________ ________________________________________________ Date____________ Phone_____________________ Printed Name Signed Above:_______________________________________________________________________________________ Title:_______________________________________________________________________

EXHIBIT B-2 (revised)

MONITORING AND MAINTENANCE AGREEMENTS FOR AVAYA EQUIPMENT ITEMS

COUNTY OF ALAMEDA RFP No. 004-1-0454

for Avaya Telecommunications Equipment Procurement, Installation and Support Services

BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Maintenance agreements for Avaya equipment items. (Itemized on Exhibit B-2A)

Total

Disaster recovery: temporary installation of an Avaya Definity G3Si switch to provide basic service; 30-day lease, 500 stations

Lump sum for turnkey installa-

tion

Labor rate for projects outside the Scope of Work

Hour

“ Overtime hour

“ Sunday hour

Materials discount % discount*

Around-the-clock monitoring and repair dispatch (Itemize on Exhibit B-2B)

Year

* The price charged to the County, exclusive of taxes and freight, shall be based on the quoted discount applied to Avaya, Inc.’s national list price at the time of the transaction.

EXHIBIT B-2AMAINTENANCE AGREEMENTS FOR AVAYA EQUIPMENT ITEMS

COUNTY OF ALAMEDARFP No. 004-1-0454

forAvaya Telecommunications Equipment Procurement, Installation and Support Services

BID FORM

1 of 2

EQUIP LINK NAME ADDRESS U.P.S. MAINT. TOTAL BIDCLASSIF. STATIONS TRUNKS PORTS PRICE

G3R7 FL#3115121 SUPERIOR COURT (CAB) 1225 FALLON, OAKLAND 4-hr 24 hrs. 3,446 437 3,883CMS V6 Co-located COMMUNICATIONS MGMT. SYSTEM 1225 FALLON, OAKLAND 4-hr 24 hrs.EPN 5&6 FIBER LAKESIDE PLAZA 1401 LAKESIDE, OAKLAND 4-hr 24 hrs.EPN 7 FIBER RECORDER/SSA 1106 MADISON, OAKLAND 4-hr 24 hrs.EPN 8 T-1 AMBULATORY CARE SVCS 1900 EMBARCADERO, OAKLAND 1-hr 24 hrs.EPN 9 T-1 SUPERIOR COURT 201 13 ST., OAKLAND 2ND FL POST OFF. 1-hr 24 hrs.EPN 10 T-1 ASSESSOR'S OFFICE 1110 JACKSON, OAKLAND 1-hr 24 hrs.EPN 11 T-1 D.A. FAMILY SUPPORT 393 13TH ST., OAKLAND 2-hr 24 hrs.

G3R8 FL#3114408 SAN LEANDRO COMPLEX (FAH) 2000 150TH AVE., SAN LEANDRO 2-hr&GEN 24 hrs. 2,200 314 2,514CMS V9 Co-located COMMUNICATIONS MGMT. SYSTEM 2000 150TH AVE., SAN LEANDRO 2-hr&GEN 24 hrs.EPN 3 FIBER JUVENILE HALL 2200 FAIRMONT, SAN LEANDRO 4-hr 24 hrs.EPN 4 FIBER JOHN GEORGE PSY. PAVILION 2060 FAIRMONT, SAN LEANDRO 4-hr 24 hrs.EPN 5 T-1 MENTAL HEALTH 10700 MACARTHUR BLVD., OAKLAND 1-hr 24 hrs.EPN 6 T-1 HCSA FINANCE 1850 FAIRWAY, OAKLAND 1-hr 24 hrs.EPN 7 T-1 FIRE DEPT. 835 E. 14TH, SAN LEANDRO Unknown 24 hrs.

G3R6 FL#3115436 SOCIAL SERVICES (ENT) 8477 ENTERPRISE WAY, OAKLAND 4-hr 8-5 M-F 1,987 390 2,377EPN 2 FIBER SOCIAL SERVICES (2ND FL) 8477 ENTERPRISE WAY, OAKLAND, 2ND FL 4-hr 8-5 M-FEPN 3 T-1 ENVIRONMENTAL HEALTH 1131 HARBOR BAY, ALAMEDA None 8-5 M-FEPN 4 T-1 DEPT. ON AGING 8000 EDGEWATER, OAKLAND 2-hr 8-5 M-FEPN 5 T-1 HEALTH CARE B.H.C.S. 2000 EMBARCADERO, OAKLAND 2-hr 8-5 M-FEPN 6 T-1 VOCATIONAL PROGRAM 333 HEGENBERGER, OAKLAND 2-hr 8-5 M-FEPN 7 T-1 BENEFIT CENTER 1351 HARBOR BAY PKWY, ALAMEDA 1-hr 8-5 M-FEPN 8 T-1 AGING AND CHILDREN'S 7751 EDGEWATER, OAKLAND 1-hr 8-5 M-FEPN 9 T-1 BEHAVIORAL HEALTH (4th floor) 303 HEGENBERGER, OAKLAND 2-hr 8-5 M-F

G3R6 FL#3115150 HAYWARD HALL OF JUSTICE (HOJ) 24405 AMADOR ST. HAYWARD 4-hr 8-5 M-F 2,549 290 2,839EPN 4 T-1 PUBLIC WORKS 951 TURNER CT. HAYWARD 4-hr 8-5 M-FEPN 5 FIBER SOCIAL SERVICES 24100 AMADOR ST. 2-hr 8-5 M-F

G3R6 FL#3115470 FREMONT HALL OF JUSTICE (FHJ) 39439 PASEO PADRE PKWY, FREMONT 4-hr 8-5 M-F 512 143 655EPN 3 T-1 HEALTH CARE 39155 LIBERTY ST., FREMONT 2-hr 8-5 M-FEPN 4 T-1 AMBULATORY CARE SERVICES 6066 CIVIC TERRACE, NEWARK 4-hr 8-5 M-FEPN 5 T-1 PROBATION ADULT CLINIC 3155 KEARNEY, FREMONT 1-hr 8-5 M-F

G3R6 FL#3117635 EASTMONT WELLNESS (EHC) 6955 FOOLTHILL BLVD., OAKLAND 4-hr 8-5 M-F 656 101 757EPN FIBER SELF-SUFFICIENCY CENTER " 1-hr 8-5 M-F




BID FORM

2 of 2


G3SiR6 FL#3115759 D.A. FAMILY SUPPORT (DST) 2901 PERALTA OAKS, OAKLAND 4-hr 8-5 M-F 389 94 483

G3SiR5 FL#3116523 ACCESS PROGRAM (ACS) 2035 FAIRMONT ST., SAN LEANDRO 2-hr 8-5 M-F 99 56 155

G3Si FL#3115581 CENTRAL HEALTH (CHC) 470 27TH ST., OAKLAND 2-hr 8-5 M-F 207 74 281

G3Si FL#3115566 SOCIAL SERVICES (SOC) 4501 BROADWAY, OAKLAND 2-hr 8-5 M-F 136 262 398

G3Si FL#3115935 FREMONT LIBRARY (LIB) 2400 STEVENSON BLVD., FREMONT 2-hr 8-5 M-F 50 218 268

G3R8 FL#3114556 SANTA RITA JAIL (SRS) 5325 BRODER BLVD, DUBLIN 2-hr&GEN 24 hrs. 1,047 173 1,220EPN 3 FIBER OFFICE OF EMERGENCY SERVICES 4985 BRODER BLVD., DUBLIN 2-hr&GEN 24 hrs.EPN 4 T-1 PLEASANTON COURTHOUSE 5672 STONERIDGE, PLEASANTON 2-hr 24 hrs.

G3R8 FL#3114897 SOCIAL SERVICES (SOS) 401 BROADWAY, OAKLAND 4-hr 24 hrs. 2,495 406 2,901EPN 4 FIBER SOCIAL SERVICES 661 WASHINGTON, OAKLAND 2-hr 24 hrs.EPN 5 FIBER SOCIAL SERVICES 330 FRANKLIN, OAKLAND 2-hr 24 hrs.EPN 6 T-1 PUBLIC HEALTH 1000 BROADWAY 4-hr 24 hrs.EPN 8 T-1 WORK FURLOUGH 2425 E. 12TH ST., OAKLAND 2-hr 24 hrs.EPN 7 T-1 SUPERIOR COURT 2233 SHORELINE DR., ALAMEDA 2-hr 24 hrs.

G2.2* FL#3114442 HIGHLAND HOSPITAL (HGH) 1411 E. 31ST., OAKLAND 4-hr&GEN 24 hrs. 2,085 324 2,409

NOTES: For bidding purposes, assume the following port and trunk distribution TOTALS: 17,858 3,282 21,140 Digital Ports 57% Analog Ports 40% Hybrid Ports 3% Digital Trunks 75% Analog Trunks 25%*G2.2 Switch at Highland Hospital to be upgraded to G3R by end of June 2002

Telephone Sets shall also be covered. Set types are a mix of the following: Analog: Model 2500, Lucent/Avaya 8110 Digital: Lucent/Avaya 8400 series, 7400 series, 6400 series Hybrid: Lucent 7300 series

EXHIBIT B-2BAROUND-THE-CLOCK MONITORING AND REPAIR DISPATCH



BID FORM

1 of 2








EXHIBIT B-2BAROUND-THE-CLOCK MONITORING AND REPAIR DISPATCH



BID FORM

2 of 2












I:\PurchContract\Word\A.French\Avaya Install\Addendum #1-2.doc Page 1 of 10



ADDENDUM No. 1

RFP No. 004-1-0454 For

Avaya Telecommunications Equipment Procurement, Installation and Support Services

Specification Clarification/Modification and Recap of the Bidders Conference Held on March 20, 2002 and March 21, 2002

_________________________________________________________________________________ Attachment A, a Bid Acknowledgement for this addendum, must be signed and returned with the bid response. A bid will be judged incomplete if all addenda pertaining to this RFP are not acknowledged in this way.

Revised Calendar of Events:

Event Date Request for Proposals Issued March 8, 2002 Networking/Partnering/Bidders Conferences

March 20 & 21, 2002

Final Questions Due Before 12:00 Noon on Monday, March 25, 2002 Addendum Issued April 4, 2002 Responses Due BEFORE 2:00 p.m. on April 15, 2002 Evaluation Period April 16, 2002 to May 10, 2002 Vendor Interviews (Optional) Week of April 29, 2002 Board Approval Date June 4, 2002 Contract Start Date July 1, 2002

Note: Award and start dates are approximate.

The following sections are modified to read:

NECESSARY QUALIFICATIONS

Prerequisite: Bidders other than Avaya must be an Avaya Business Partner or certified by Avaya to provide each individual service bid upon. Individual services are indicated in the six (6) Bid Forms of the RFP. In addition, the following minimum experience levels are required:

REFERENCES [page 14]

D. Contractor shall provide a list of current clients, including contact names and phone numbers. Contractor shall provide a list of clients (including city and state) to which


similar services as those bid upon are provided. Contact names and telephone numbers are not required.

RESPONSE CONTENT/SUBMITTALS [page 16]

i. Applicable documentation as required and identified in Execution of Proposal above (Section A).

The Bid Form Exhibits B-1, B-2 and B-4 are modified and attached. The modifications are underlined. Bid Forms B-2A and B-3A have been modified as described in Q14, Q27 and Q55.

Response to verbal questions on Wednesday, March 20, 2002 & Thursday, March 21, 2002:

Q1. Is voicemail part of this contract?

A. No, GSA–Communications handles voicemail administration and maintenance separately.

Q2. How are you going to handle key systems that aren’t presently on the maintenance contract?

A. The maintenance or technician services contractor will handle key systems and other AT&T/Lucent/Avaya legacy systems on a time-and-materials basis. Revised Bid Forms B-1 and B-2 have the addition of time-and-materials for non-Definity Avaya equipment and systems.

Q3. Does the sub-contractor need to be a certified Avaya dealer?

A. No.

Q4. Can contractors partner with more than one subcontractor?

A. Yes.

Q5. Within the RFP, it states that you want information regarding three references but in exhibits D1 and D2 it states that we provide five references, which is correct?

A. We only require three current references and three former references. The forms allow for additional entries if bidders desire to provide them.

Q6. Do you want information in the proposal from all participating parties, such as references, resumes, etc.

A. Bidders may include information about their proposed subcontractors to show their qualifications.

Q7. Did you need a complete list of the bidder’s clients?

A. No, we do not need a complete list of clients. The County requires a list of clients for which similar services as those bid upon are provided. Contact names and telephone numbers need not be provided with this list. See modified sections, above.


Q8. Please define what a unit is?

A. Sometimes a unit is an hourly rate or block of hours rate; sometimes it is a total. We specified the units in each of the bid sheets.

Q9. If we don’t intend to bid on a particular type of service, can we simply put an N/A on the particular exhibit, or shall we leave it blank?

A. Writing “No bid” could be helpful, but we will assume that bidders are not bidding on sections of the Bid Form (Exhibits B-1 through B-6) that are left blank.

Q10. In reference to the four-hour block, if a technician comes out and does five hours worth of work, do we bill you for eight hours?

A. Yes. The County customer department would probably assign additional work that day or keep track of the unfulfilled block and want to apply it to future work for that department.

Q11. Do you have to be a business partner for at least three (3) years?

A. No. The time frames refer to minimum experience levels required for each service category.

Q12. Page 16 item I, Where is Execution of Proposal and Section A located?

A. That submittal item is deleted. See above.

Q13. Is the bidder (who is bidding as a prime contractor) responsible for submitting the whole RFP response, and is the subcontractor responsible for completing the applicable bid documents?

A. Subcontractors don’t submit anything directly. They submit whatever documentation the prime contractor requires and the prime submits it in the proposal. Subcontractors are required to sign the SMALL & LOCAL BUSINESS PARTNERING INFORMATION SHEET, Exhibit E.

Q14. Page 5 Section D refers to Exhibit B-2A for maintenance support requirements (24-hour or business hours coverage), however Exhibit B-2A does not show this information.

A. That was an oversight, Exhibit B-2A has been revised to add coverage information.

Q15. Do you have a public bid opening?

A. No.

Q16. Please clarify Exhibit B-4 for pricing on equipment supplies level one or level two. Are you looking for a discount amount for each of those years?

A. We are looking for a discount percentage for each year. Bidders may depart from this simple price structure by bidding more than one discount level in product categories or other distinctions. Attach a separate explanation if necessary.

Q17. Is there an easier way to locate a small-and-local-business subcontractor prospect other than in the SLEB database?

A. No, not at this time.


Q18. Is the discount percentage off of GSA pricing for Avaya, or is that from Avaya’s national list price?

A. Avaya publishes a national list price for its products which is available to customers in the industry. This is the base price from which discounts are applied.

Q19. Do you purchase under CMAS?

A. No.

Q20. If a bidder bids on all six contracts will the bids be awarded on a full basis?

A. No. Bids will be evaluated and awarded for each of the six categories as defined by the six Bid Forms (Exhibit B-1 through B-6). If a bidder wins more than one category, the requirements, terms and conditions can be combined into one standard agreement (contract) between the County and that bidder.

Q21. Who is currently providing these services?

A. Avaya, Inc.

Q22. Is Avaya bidding on this contract?

A. Yes, Avaya has indicated it will submit a bid in each category.

Q23. Is there a requirement to be in business in the County for one year to qualify as a local business?

A. No, but it does take about forty-five (45) days to get certified.

Q24. Can a non-local prime contractor partner with a sub-contractor that is in the County?

A. Yes.

Q25. When getting certified; do the small and local businesses have to submit financials?

A. Yes, they will be asked to submit their tax returns for the last 3 years.

Q26. What if the prime contractor’s sub-contractor goes out of business?

A. Contractors have the right to ask for a substitution or replacement of a subcontractor. The SLEB requirements would continue to apply unless the minimum requirements for partnering had already been met.

Q27. Do you anticipate any changes to Exhibit B-2A?

A. Exhibit B-2A has been revised to indicate maintenance coverage classification (24-hour or 8:00 A.M. to 5:00 P.M. Monday through Friday).

Q28. Would that be by switch?

A. Yes. Remote switching equipment carries the same maintenance coverage as its associated switch location.


Q29. Do you get any bonus points for living in the County?

A. No. There is a 5% local preference for bid evaluation available to local businesses. Residency does not qualify for additional credits.

Q30. Page 4- Disaster Recovery: What is the required response time for installation of the back-up for the G3 switch?

A. Forty-eight (48) hours from the time of notification by the County.

Q31. For disaster recovery, how many locations are there?

A. We currently have fourteen switch locations. For bid purposes we are asking for a quote for one temporary G3Si installation.

Q32. Is there any way to get a list of the IL numbers of the existing PBX switches in relation to the maintenance part of this bid?

A. We will provide that on request by either electronic file or hard copy.

Q33. Are you listing the total number of ports per switch?

A. Yes, the total ports for each switch are listed in Exhibits B-2A and B-3A.

Q34. What is your website address?

A. Our web address is www.co.alameda.ca.us.

Response to written questions received after the Bidders Conferences:

Q35. Historically, how many consulting hours have you needed for design, training and programming assistance?

A. The only category in the RFP that requires these services is Communications Management System (CMS) Professional Services/Application Development. The number of hours needed for these services fluctuates depending on call center needs. In the past twelve (12) months (considered busier than normal) the County ordered over two hundred (200) hours of CMS programming time in this category.

Q36. Are the two dedicated technicians for moves, adds and changes also there to field any repair calls, or would you desire another technician to respond to those action items?

A. The dedicated technicians do not handle repair calls. Repair calls are covered under the maintenance category.

Q37. What is the historical volume of maintenance calls made in the past?

A. Over eighty percent (80%) of the maintenance alarms are handled remotely. The County averages three to five calls per business day that require dispatching of a maintenance technician. More than two thirds of these are simple telephone set change-outs or circuit pack replacements.

http://www.co.alameda.ca.us/


Q38. As far as equipment supply, you have stated an eight (8) hour turn around with ninety-eight (98%) of all equipment – Is this time frame for repair issues?- Or is this for standard additions, new system installations, etc.?

A. Response times for repair issues are specified in Section D.1. and D.2. under SPECIFIC REQUIREMENTS, page 6.

Q39. You have stated that you would like a list of all current customers/clients for this product- Can this be narrowed down somehow, or will a general number suffice?

A. A complete list of clients is not required. The County requires a list of clients to which similar services as those bid upon are provided. See rewording of REFERENCES (page 14) above.

Q40. Do you need a complete list of the bidder’s clients?

A. See responses to Q5 and Q39.

Q41. Specific Requirements-A., “Technicians, with vehicle & tools”: Is the said technician required to have a company vehicle, or is use of personal vehicles permitted?

A. The RFP does not specify use of company or personal vehicles. That is a contractor decision.

Q42. Specific Requirements-A., Can MAC technicians also be used for maintenance support?

A. No. Maintenance is a separate service category from moves, adds and changes. Exception: Block-of-hours technicians could be used when not working on County moves, adds and changes if the same bidder won both categories.

Q43. Specific Requirements-C.2., Please provide a detailed definition of “security screening”.

A. Security screening covers detecting and reporting any unauthorized access or modification to a County telephone switch – in a computer software sense. Physical security violations are outside the scope of this RFP.

Q44. Specific Requirements-C.4., Please provide a detailed definition and expectations of “security monitoring and intervention”.

A. Security monitoring refers to monitoring County telephone switches for access by authorized users only. If an unauthorized user is detected, intervention is required to remove that user from the system and deny further access by that user. Again this relates to computer access, not physical security.

Q45. Specific Requirements-C.5., “SPOC”: Is this requirement viewed as a dedicated individual or designated number for County employees to call for telecommunications issues? If dedicated individual, is the requirement 100%, 75%, 50%, etc.?

A. SPOC is defined in the RFP as “a single person or office having responsibility to resolve problems throughout an organizational unit or geographic location.” In this case it refers to a number that the County calls for voice network maintenance service. The Mainten-ance Contractor is required to assign sufficient staff to handle the calls from the County.


Q46. Necessary Qualifications-A.C. & E.F., Is experience requirement on the company level or technician level?

A. Technician level.

Q47. Is bidder required to be incorporated in the state of California?

A. No.

Q48. Term/Termination/Renewal-C., What is the review process for unsatisfactory performance?

A. The County has not adopted a formal review process that would be followed after the 60-day period described in the CONTRACT EVALUATION AND ASSESSMENT section. County Counsel would advise GSA–Purchasing on what constitutes material breach of contract or substandard or unsatisfactory performance.

Q49. Term/Termination/Renewal-D., Is pricing for the sixth (6th)through (8th) years negotiable or locked in by pricing on this RFP?

A. Pricing for the (6th)through (8th) years would be negotiated according to market conditions at the time of renewal negotiation.

Q50. Section D: Is the County considering splitting up the MAC and Maintenance work into two separate awards?

A. Yes, unless the same vendor wins both categories.

Q51. Other Agencies- Is pricing negotiable as each agency is added or is it locked in by this RFP?

A. The spirit of the provision is that the other agencies would be able to achieve the agreed prices. Since the Contractor has the right to reject the additional requirements of another agency, the Contractor could offer different pricing.

Q52. Funding-Out Clause- What is the County’s Fiscal Year?

A. The County’s fiscal year begins on July 1.

Q53. County Provisions-B., Does hiring of two dedicated technicians, local to Alameda County, fulfill the 20% small and local business requirement?

A. No. The Small and local business requirement refers to the business organization, not individual employees.

Q54. County Provisions –O., Who determines the Prevailing Rate of Per Diem Wages?

A. The Prevailing Rate of Per Diem Wages are determined and published by the State of California.

Q55. Does the County of Alameda want the maintenance agreement to cover the Communications Management System (CMS) servers which are Sun Microsystems SPARC Stations?

A. Yes. These two (2) CMS servers have been added to Exhibits B-2A and B-3A.


Q56. Will the County of Alameda provide the system reports out of each of the fourteen (14) DEFINITY systems? We need the following reports:

List Config All Display System Customer Options Display Capacity

This will allow bidders to more accurately calculate the cost for the maintenance agreements.

A. The configuration of all fourteen (14) County switches is available on request as an electronic file. Total ports are shown in Exhibit B-2A and B-3A.

Q57. Under equipment to be covered under the maintenance agreement, is Voice Mail to be supported? Of so, please list the locations, type of VM, total system ports, and software level.

A. Voice mail support is outside the scope of this RFP.


The following participants attended the Bidders Conference:

Company Name Representative Phone Expanets Lauren Prager (650) 356-7436 Sprig Electric Walt Capella (925) 373-8600 Sprig Electric Tim Carnes (408) 298-3134 Avaya Communications Dieanne Smith (916) 463-2625 Avaya Communications Esther Viera (916) 463-2626 Cal Coast Telecom Ed Perez (408) 275-8888 ICF Communication Solutions John Sestor (707) 544-9834 TNSI Bob Alfred (510) 723-0062 NBC General Contractor Adam Woo (510) 271-0788 Tucker Technologies Hal Sheilds (510) 836-0422 UTDI Inc. Valerie Low (510) 530-5388 United TelData Lyhn Haller (415) 247-6900 Accra Communications Group Jim Jackson (510) 763-0941 Farmstead Telephone Group Susan Thomas (800) 495-5410 UniCorp Bill George (707) 795-2093 UniCorp Matt Lawry (707) 795-8335 Twisted Pair / BT Services Frank Hanna (925) 556-2321 SDV Telecommunications Patrick Fuenzalida (530) 271-0382 United TelData Inc. Roger Benson (415) 247-6900 Matrix Technologies Mark Spindler (510) 441-9455 ProTec Ron Vick (408) 436-4944 California Communications Exchange Doug Langlois (650) 965-5104 Volt Alicia King (888) 829-9162 ProTec Bob Perrins (408) 436-4944 Expanets Dick Thue (925) 560-5218 Expanets Augie Santello (925) 560-5218 Irish Communications Bob Waters (510) 261-6700 Irish Communications David Hammers (559) 360-0527 ProTech Mark Hazen (408) 436-4944 Advantel Gary Claton (408) 435-7928 Farmstead Telephone Susan Thomas (949) 464-3938 UTDI Roger Benson (415) 247-6900 Advantel Dan Ferguson (408) 954-5100 Alameda County, GSA, Outreach Officer Linda Moore (510) 208-9717 Alameda County GSA, Communications Don Naples Alameda County GSA, Communications Doris Bryant Alameda County GSA, Purchasing Aisha McElroy Alameda County GSA, Purchasing Alan French (510) 208-9611 Alameda County GSA, Purchasing Linda Telles Alameda County GSA, Purchasing Edward Perez Alameda County GSA, Purchasing Chester Brooks


RFP No. 004-1-0454, Addendum No1.

The County of Alameda is soliciting bids from qualified vendors to furnish its requirements per the specifications, terms and conditions contained in the above referenced RFP/Q number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled. 1. Preparation of bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and

corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing bid. (b) Quote price as specified in RFP/Q. No alterations or changes or any kind shall be permitted to Exhibit B, Bid Form. Responses that do not comply shall be subject to rejection in total.


3. Taxes and freight charges: (a) Unless otherwise required and specified in the RFP/Q, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by County, will be paid by the County unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the County of Alameda are exempt from certain Federal excise taxes. The County will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFP/Q gives notice of an all-or-none award, the County may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP/Q. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.




8. Discounts: (a) Terms of less than ten (10) days for cash discount will considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP/Q, or from date correct invoices are received by the County at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the County warrant check.



THE undersigned acknowledges receipt of above referenced RFP/Q and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the vendor indicated below, in accordance with the specifications, terms and conditions of this RFP and Bid Acknowledgement.

Firm: Address: State/Zip

By:_______________ ________________________________________________ Date____________ Phone_____________________ Printed Name Signed Above:_______________________________________________________________________________________ Title:__________________________________________________________________________________________________________

Company Name:

EXHIBIT B-1

DEDICATED AND SERVICE AS NEEDED TECHNICIANS



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Two (2) full-time (min. 45 weeks/year of each technic-ian), dedicated telecommuni-cations technicians with vehicle and tools.

Month

Technician services for moves, additions and changes

4-hr block


Hour

Overtime hour

Sunday hour

Materials markup (added to wholesale cost to yield price to County)

Percent

Company Name:

EXHIBIT B-2

MAINTENANCE AGREEMENTS FOR AVAYA EQUIPMENT ITEMS



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST


Total



tion


Hour

Overtime hour

Sunday hour

Materials markup (added to wholesale cost to yield price to County)

Percent




BID FORM








Company Name:

EXHIBIT B-3

AROUND-THE-CLOCK MONITORING AND REPAIR DISPATCH



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT

COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Around-the-clock monitoring and repair dispatch (Itemize on Form B-3A)

Total

EXHIBIT B-3AAROUND-THE-CLOCK MONITORING AND REPAIR DISPATCH



BID FORM











BID FORM












Company Name:

EXHIBIT B-4

EQUIPMENT SUPPLY



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Equipment supply, Level 1 % discount*


**See below

* The price charged to the County, exclusive of taxes and freight, shall be based on the quoted discount applied to Avaya, Inc.’s national list price at the time of the transaction.

** Bidders may depart from this simple price structure by writing in product categories or other distinctions. Attach a separate explanation if necessary.

Company Name:

EXHIBIT B-5

EQUIPMENT INSTALLATION



BID FORM

DESCRIPTION

UNIT*

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD

YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Equipment installation, Level 1

Regular hourly rate


Regular hourly rate


Overtime & Saturday rate




Sunday & national

holiday rate


Sunday & national

holiday rate

* Unless bidder specifies otherwise, regular hourly rates apply on weekdays from 8:00 A.M. to 5:00 P.M. Overtime rates will apply during non-regular weekday times and all day Saturday. Sunday rates will apply all day Sunday and on the following national holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

Company Name:

EXHIBIT B-6

AVAYA CMS PROFESSIONAL SERVICES / APPLICATION DEVELOPMENT



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Labor rate for CMS Profes-sional Services/Application Development (Business hours only)

Hourly Rate

1401 Lakeside Drive, Oakland, Suite 907, California 94612 I:\purch\word\AvayaRFP.doc 3/8/01 Telephone (510) 208-9600 ! FAX (510) 208-9626 Printed on recycled paper



COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL NO. 004-1-0454

SPECIFICATIONS, TERMS & CONDITIONS

for


NETWORKING/PARTNERING/BIDDERS CONFERENCE at

1401 Lakeside Drive, Twelfth Floor Oakland, CA

on March 20, 2001

AND at

Fremont Library 2450 Stevenson Fremont, CA

on March 21, 2001

RESPONSE DUE before

2:00 P.M. on

April 8, 2001 at

County of Alameda, GSA-Purchasing 1401 Lakeside Drive, Suite 907

Oakland, CA 94612

I:\purch\word\AvayaRFP.doc 3/8/01

COUNTY OF ALAMEDA REQUEST FOR PROPOSAL NO. 004-1-0454

SPECIFICATIONS, TERMS & CONDITIONS

For


TABLE OF CONTENTS Page

Acronym and Term Glossary.......................................................................1 STATEMENT OF WORK Intent.............................................................................................................2 Background ..................................................................................................2 Scope .........................................................................................................2-3 Specific Requirements ..............................................................................3-8 Necessary Qualifications.........................................................................8-10 Deliverables/Reports..................................................................................11 INSTRUCTIONS TO BIDDERS County Contacts .........................................................................................11 Calendar of Events .....................................................................................11 Bidders Conferences ..................................................................................12 Submittal of Bids...................................................................................12-13 References .............................................................................................13-14 Response Format........................................................................................14 Response Content/Submittals ...............................................................14-18 Evaluation Criteria/Selection Committee .............................................18-21 Contract Evaluation and Assessment.........................................................21 TERMS AND CONDITIONS Term/Termination/Renewal..................................................................21-22 Quantities ...................................................................................................22 Pricing ........................................................................................................22 Award ....................................................................................................22-23 Method of Ordering ...................................................................................23 Invoicing................................................................................................23-24 Other Agencies...........................................................................................24 Liquidated Damages ..................................................................................24 Performance Requirements........................................................................25 Funding Out Clause ...................................................................................25 County Provisions .................................................................................25-32 Account Manager/Support Staff ................................................................32 General Requirements...........................................................................32-33

I:\purch\word\AvayaRFP.doc 3/8/01

ATTACHMENTS

Exhibit A – Acknowledgement Exhibit B – Bid Form Exhibit C – Certificate of Insurance Exhibit D1 – Current References Exhibit D2 – Former References Exhibit E – Small & Local Business Partnering Information Exhibit F – Request for Local Preference Exhibit G – Exceptions, Clarifications, Amendments Exhibit H – Standard Agreement Contract Form Exhibit I – Proposal Evaluation Form Exhibit J – Voice Network diagram

Specifications, Terms and Conditions for Avaya Telecommunications Equipment Procurement, Installation and Support Services

I:\purch\word\AvayaRFP.doc 3/8/01 Page 1 of 33

ACRONYM AND TERM GLOSSARY ACD: Automatic Call Distribution

CRM: Customer Relations Management CSC: County Selection Committee CMS: Communications Management System, a product of Avaya, Inc.

DCS: Distributed Communications System Network ECS: Enterprise Communications Server (telephone switch) EPN: Expansion Port Network, switching equipment, product of Avaya, Inc. High Severity Trouble Report: a report of an outage which could affect 25 percent or

more of the ports at a telephone switch (ECS) or EPN location; includes voice network T-1 circuit failures

IP: Internet Protocol IVR: Interactive Voice Response Major Failure: A telephone system failure that affects at least 25 percent of the served

stations of any piece of software or equipment Minor Failure: A telephone system failure that affects less than 25 percent of the served

stations of any piece of software or equipment MSDS: Material Safety Data Sheet(s)

Pre-sale Engineering: Includes conducting site/facility surveys and capacity analyses, as well as addressing cabling, environmental, routing, space, and power issues Post-sale Engineering: Includes assessing adequacy of delivered items, systems, or

installations; analyzing changes needed and developing/recommending modifications as required Exhibits J and B2A/B3A to follow.

PPN: Primary Port Network, switching equipment , a product of Avaya, Inc. (See ECS) P.O.: County Purchase Order SPOC: Single Point of Contact; a single person or office having responsibility to resolve

problems throughout an organizational unit or geographic location VDN: Vector Directory Number(s)



STATEMENT OF WORK INTENT

These specifications, terms and conditions describe the County of Alameda’s require-ments for goods and services related to telecommunications equipment. The County is seeking vendors who are able to purchase, install and/or service telecommunications equipment and software manufactured and provided by Avaya, Inc. The intent is to award multi-year contracts to several vendors with various contract structures and in various functional areas to provide all of the Avaya-related goods and services required by the County.

BACKGROUND The County of Alameda voice-communications network serves over 16,000 voice extensions in an area covering approximately 813 square miles. The current voice network is comprised of 14 Definity Enterprise Communications Servers (ECS) in a distributed communications network, with approximately 32 remote Expansion Port Network (EPN) modules and 18,000 total ports (stations and trunks). (See Exhibit J, Voice Network.) Related equipment and services provided by Avaya, Inc. include call-management systems and back-up power systems, as well as equipment installation and maintenance.

SCOPE

The County’s requirements include pre-purchase technical recommendations, pro-curement of equipment, installation of new equipment, moves and additions to the network, and maintenance services. These requirements fall into several discrete functional support areas. The County intends to establish contracts of up to five (5) years for coverage in each of these areas. Bidders may bid on any or all functional areas to:

• Serve as a general contractor, i.e., use subcontractors for at least some of the work, to cover the County’s requirements in any or all functional areas; or

• Provide service directly to the County for one or more functional support categories.

Bidding on as little as one category will not result in a lower rating or lessen the bidder’s probability of winning that category.

Types of support required by the County for Avaya equipment are:

A. Technician services to perform moves, additions and changes.



SCOPE (cont’d)

1. Technicians {two (2) each} dedicated to the County of Alameda to respond to requests from departments located throughout the County.

2. Technician services for moves, additions and changes, on a service-as-needed basis, typically purchased by commitment to blocks of hours (four-hour minimum block size). The annual estimate of hours needed is between 2000 and 3000 (or 500 to 750 four-hour blocks).

B. Maintenance agreements for Avaya equipment items, including author-ized in-warranty and post-warranty maintenance and service. Equipment includes Definity switching equipment, back-up power systems, Com-munications Management Systems (CMS), Lucent/ Avaya telephone sets, etc.

C. Remote, around-the-clock monitoring of the County’s voice telecommu-nications network using Avaya Expert Systems or equivalent system(s).

D. Equipment and software supply source and installation for Avaya equip-ment (hardware and software) with Avaya warranty. There are two complexity levels: 1) telephone sets, circuit packs and interface cards, and 2) switching equipment, back-up power systems and Communica-tions Management Systems. Estimated annual equipment purchase ranges are:

• Level 1 - $200,000 to $500,000; • Level 2 - $300,000 to $700,000.

Installation charges are not included in the estimated equipment costs above.

E. Communications Management System (CMS) Professional Services/ Application Development.

SPECIFIC REQUIREMENTS

A. Telecommunications technicians, with vehicle and tools: 1. Two each dedicated technicians are required to be assigned on-

site to the County full time for a minimum of forty-five (45) weeks per year, such that at least one technician is available every business day. Their work will be coordinated by the GSA–Com-munications Department. To allow for growth, the County may request a third dedicated technician sometime after the year one.



SPECIFIC REQUIREMENTS (cont’d)

2. Technician services for moves, additions and changes – typically involving more than five stations, usually purchased by com-mitment to four (4)-hour blocks of hours. Response time: Block-of-hours technicians shall be available on a minimum of two (2) days advance notice.

3. In addition to performing moves, adds and changes of telephone terminals, technicians shall increase the capacity of trunks, ports and stations by installing equipment additions and right-to-use software in existing Definity G3 series switches.

B. Maintenance agreements for Avaya equipment items:

1. Requirements include both in-warranty and post-warranty services.

2. Warranty coverage is defined as follows:

Contractor warrants that equipment and software will conform to the manufacturer’s product specifications. Contractor shall repair or replace the equipment and software as necessary, at no addi-tional cost to the County, to achieve and maintain conformance with the product’s specifications.

3. For equipment under warranty (“in-warranty”), Contractor shall repair or replace the equipment and software as necessary, at no additional cost to the County, to achieve and maintain conform-ance with the product’s specifications. The Contractor is obli-gated to satisfy its warranty to the County regardless of its success in securing accommodation from the manufacturer.

4. Contractor shall provide post-warranty maintenance services for switching equipment, back-up power systems and Communi-cations Management Systems, for equipment at sites listed on bid form, Exhibit B-2A. For equipment under post-warranty main-tenance, Contractor shall repair or replace the equipment and soft-ware as necessary, at no additional cost to the County, to achieve and maintain conformance with the manufacturer’s specifications. Note: Voice terminals (telephone sets) are not always located at the same address as the Avaya switching equipment serving them.

5. Disaster Recovery: Contractor shall have the ability to implement an emergency response plan that shall include the temporary installation of an Avaya Definity G3 series switch to provide




basic (dial out and dial in) service at a designated County location upon direction by County in the event of a catastrophic external event that renders the installed system unrepairable. Compensa-tion for Contractor’s disaster recovery efforts shall be as quoted on Bid Form, Exhibit B-2.

C. Monitoring of the County’s voice telecommunications network and dispatching appropriate responses. 1. Use Avaya Expert Systems or equivalent system(s) to monitor the

performance of Definity switching equipment listed Exhibit B-3A from a remote location, including trouble-shooting analysis and clearing of major and minor alarms. Use analysis results to dis-patch (from own organization) technicians with skill sets and equipment to resolve problems that cannot be resolved remotely.

2. Provide security screening, fraud monitoring and fraud intervention for Definity switches from a remote location;

3. Provide system performance reports, written analysis and recommendations;

4. Provide security monitoring and intervention; 5. Serve as a single point of contact (SPOC) to coordinate repairs

with other vendors, such as Pacific Bell, interactive voice response (IVR) vendor, voice mail vendor, etc.;

6. Annually or upon request by the County, provide quality and reliability analyses of the County’s voice network and make recommendations;

7. At no additional charge to the County, coordinate implementation of corrective measures for equipment, software and services covered under maintenance agreements.

D. Response Times for Voice Network Maintenance and Support Services: Provide equipment and software maintenance coverage to respond to both business hours and out-of-hours service problems. Some County locations only require business hours service coverage, while other locations require coverage 24 hours a day, seven days a week. Similarly, some equipment and software only require business hours coverage while other equipment and software require 24-hour support. (See Exhibit B-2A for support requirement for each location or type of equipment.)




1. Standard Business Hours service is Monday through Friday, 8:00 A.M. to 5:00 P.M. Remote diagnoses must be within four (4) hours and with dispatch by the end of the next business day for minor failures. Major failure/high severity requires response within two (2) hours and dispatch within four (4) hours of notification of problem.

2. Around-the-clock service is 24 hours a day, 7 days a week, 365 days a year. Remote diagnostic within four (4) hours and dis-patch by the end of the next business day for minor failures. Major failure/high severity response within two (2) hours and dispatch within four (4) hours of notification of problem.

E. Equipment and software supply and installation requirements are described below for two product complexity levels.

Complexity Level

Supply Avaya products

Install Avaya products

1 2

The following general notes apply to paragraphs F and G below:

1. Although many bidders may be able to provide installation with products they supply and be capable of providing complexity Level 2, vendors with less capability may propose to provide only one category of the supply/installation/service-level matrix.

2. Bidding on as little as one category will not result in a lower rating or lessen the bidder’s probability of winning that category.

3. Vendors are also encouraged to form partnerships or contracts with other vendors to provide one or more categories. Vendors who do not qualify as small and local are required to partner with small and local vendors. Arranging for a small and local vendor to be a subcontractor and provide one or more categories is one way to meet that requirement. Conversely, a small and local vendor with limited capability may seek to partner with or sub-contract under another vendor to provide services to the County. See COUNTY PROVISIONS, Section B.

F. Equipment and software supply: Serve as a supply source for Avaya equipment (hardware and software). The County may use multiple




sources, depending on Avaya Business Partner certification for specific classes of equipment. There are two complexity levels:

1. Level 1: The types of products to be provided by the Contractor shall be Avaya certified-new or certified-refurbished telephone sets, circuit packs and other interface cards, plus Avaya-licensed software. Contractor shall train end users in the use of products provided.

2. Level 2: The types of products to be provided include Level 1, plus new Definity G3 series switches, EPNs, backup power systems, call center Automatic Call Distribution (ACD), call management systems, Avaya Internet Protocol (IP) voice communications equipment and software, Communications Management Systems (CMS) and upgrades. Contractor shall:

a. Provide new Definity Enterprise Communications Servers (ECS) and integrate into an existing Distributed Communications System (DCS) Network.

b. Provide new Expansion Port Network (EPN) equipment to expand existing Definity switches.

c. Provide Definity switch public-network interface and converged network interface for existing Definity ECS.

d. Provide pre-sale engineering support for design, migration and implementation of all software and hardware additions.

e. Provide post-sale engineering and design expertise during the warranty period.

f. Provide field-engineering support during the warranty period.

g. Provide, configure and install Avaya call management, call center and customer relations management systems.

h. Provide upgrades and major modifications to the County’s Definity ECS equipment. This may entail managing multiple, concurrent equipment installations or modifications.

i. Train end users in the use of Avaya products.




G. Installation: Install newly purchased Avaya equipment. There are two complexity levels of service:

1. Level 1: Install and program Avaya telephone sets and interface cards. Train end users in the use of Avaya products provided.

2. Level 2: Install all Avaya products and software.

The types of services to be performed at Level 2 include the installation of new Definity switching equipment; additions of carriers and cabinets to existing switches; installation of Avaya-licensed software; software programming translation for vectors, vector directory numbers (VDN), trunks, call center ACD, and call management systems; installation of Avaya convergence hardware and software. This may entail managing multiple, con-current equipment installations or modifications. Contractor shall:

a. Provide pre-sale engineering support for design, migration and implementation of all software and hardware additions;

b. Provide post-sale engineering and design expertise during the warranty period;

c. Train end users in the use of Avaya products installed;

d. Provide field-engineering support during the warranty period;

e. Install Avaya call management, call center and customer relations management systems.

H. Communications Management System (CMS Professional Services/ Application Development):

• Provide remote and on-site CMS software configuration and modification services, call center application development and design services.

NECESSARY QUALIFICATIONS

Prerequisite: Bidder must be an Avaya Business Partner certified by Avaya to provide each individual service bid upon. In addition, the following minimum experience levels are required:



NECESSARY QUALIFICATIONS (cont’d)

A. Dedicated and service-as-needed (block of hours) telecommunications technicians for Avaya equipment moves, additions and changes:

• Three (3) years of recent, continuous experience in performing Lucent/Avaya equipment relocation, modification and removal of station features on Definity ECS systems.

B. Maintenance agreements for Avaya equipment items:

• Four (4) years of recent, continuous experience in 1) performing Lucent/Avaya equipment relocation, modification, removal and modi-fication of features on Definity ECS systems; 2) performing preventive and remedial maintenance on Lucent/Avaya equipment; 3) isolating troubles on network facilities or non-Avaya-provided equipment attached to Lucent/Avaya equipment; and 4) providing support of call center products and software.

C. Around-the-clock performance monitoring of the County voice telecommunications network:

• Four (4) years of recent, continuous experience in providing network and fault management, networking engineering and network perform-ance management for multiple Avaya Definity ECS systems in a networked environment.

D. Equipment supply source for Avaya equipment: Bidders must have proven capability to provide 98 percent of parts within eight (8) hours.

1. Level 1

• Three (3) years of recent experience in the supply of equipment;

• Authorized to provide Avaya certified and certified-refurbished telephone sets, interface cards and other “parts”.

2. Level 2

• Three (3) years of recent experience in the supply of Lucent/ Avaya Definity switches and major ancillary components;

• Authorized to provide Level 1 equipment plus Avaya Definity switches, EPNs, power systems, call center ACD, CMS, IP systems, and Avaya licensed and labeled software.



NECESSARY QUALIFICATIONS (cont’d)

E. Installation of Avaya equipment:

1. Level 1

• Authorizations and Certifications as required by Avaya, Inc.; especially includes certification to perform software programming translation changes;

• Three (3) years of relevant experience, including installation of Definity terminal equipment, circuit packs, and performing software translations.

2. Level 2

• Authorizations and Certifications as required by Avaya, Inc.; especially includes certification to perform software programming translations;

• Three (3) years of experience, including in-depth knowledge of Definity ECS programming; software programming for translations for add, moves and changes of ECS terminals; changing vectors; assigning VDNs; configuring trunks; and networking routing software design/administration.

F. Communications Management System (CMS Professional Services / Application Development):

• A minimum of four (4) years of experience setting up and modi-fying call centers, customer relations management (CRM), contact centers and ACD systems.

• Authorization and certification by Avaya, Inc. to provide Avaya Communications Management System (CMS) application development services.

• Necessary experience includes software configuration and modi-fication, call center design and modification, as well as software integration with Avaya Definity G3 switching equipment.

DELIVERABLES/REPORTS

A number of reports and other deliverables shall be provided under the service categories of this RFP, depending on County requirements for each category. These include but are



not limited to: performance and tracking reports, vacancy/capacity reports, maintenance summary reports, and voice network diagrams.

INSTRUCTIONS TO BIDDERS

COUNTY CONTACTS

All questions regarding these specifications, terms and conditions are to be submitted in writing, preferably via e-mail before 12:00 Noon on Monday, March 25, 2002 to:

Alan French, Buyer II County of Alameda, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612 E-mail: [email protected] FAX: 510-208-9626

The GSA Contracting Opportunities website will be the official posting place of all Requests for Interest, Proposals, Quotes and Addenda. Go to www.co.alameda.ca.us and click on Contracting Opportunities for the Open Bids table.

CALENDAR OF EVENTS

Event Date Request for Proposals Issued March 8, 2002 Networking/Partnering/Bidders Conferences

March 20 & 21, 2002

Final Questions Due Before 12:00 Noon on Monday, March 25, 2002 Addendum Issued March 28, 2002 Responses Due BEFORE 2:00 p.m. on April 8, 2002 Evaluation Period April 9,2002 to May 10, 2002 Vendor Interviews (Optional) Week of April 25, 2002 Board Letter Issued May 21, 2002 Board Award Date June 4, 2002 Contract Start Date July 1, 2002

Note: Award and start dates are approximate.

BIDDERS CONFERENCES

To promote the participation of small and local businesses in County of Alameda contracts, the County is extending its business outreach to give prospective bidders – large and small – an opportunity to meet each other at two networking/partnering meetings. These meetings will be held at the locations shown below to provide

http://www.co.alalmeda.ca.us/



convenient access for all participants. A bidders conference will immediately follow each networking/partnering meeting.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions of the RFP. By the submission of a proposal, the bidder certifies that, if awarded a contract, they will make no claim against the County based upon ignorance of terms and conditions or misunderstanding of the specifications. Failure to participate in the bidders conference will in no way relieve the successful bidder from furnishing materials and/or services required in accordance with these specifications, terms and conditions. Attendance at the bidders conference is strongly encouraged and recommended but is not mandatory.

The network partnering meetings, followed by Bidders conferences, will be held at the following locations, dates and times:

10:00 A.M. Wednesday, March 20, 2002 County of Alameda, GSA-Purchasing Twelfth Floor Conference Room 1401 Lakeside Drive Oakland, CA 94612

1:00 P.M. Thursday, March 21, 2002 County of Alameda, Fremont Library Fukaya Room “A” 2450 Stevenson Blvd. Fremont, CA 94538

SUBMITTAL OF BIDS

A. Sealed bids must be received at the Office of the Purchasing Agent of Alameda County BEFORE 2:00 P.M. on the due date specified above.

B. Bidders are to submit an original plus four (4) copies of their proposal. Original proposal is to be clearly marked and is to be either loose leaf or in a 3-ring binder, not bound.

C. Bids are to be addressed as follows:

RFP No. 004-1-0454 Alan French, Buyer II County of Alameda, GSA-Purchasing 1401 Lakeside Drive, Suite 907 Oakland, CA 94612



SUBMITTAL OF BIDS (cont’d)

D. Bidder's name and return address must also appear on the envelope.

E. Bids will be received only at the address shown above, and prior to the time indicated. Any bid received at or after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

F. No telegraphic or facsimile bids will be considered.

G. All bids, whether delivered by an employee of the bidder, U.S. Postal Service,

courier or package delivery service, must be received and time stamped at the stated address prior to the time designated. The Purchasing Department's timestamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

H. Contractor agrees and acknowledges all RFP specifications, terms and conditions

and indicates ability to perform by submission of a bid.

I. Submitted bids shall be valid for a minimum period of six (6) months.

J. All costs required for the preparation and submission of a bid shall be borne by the bidder.

K. Only one bid response will be accepted from any one person, partnership,

corporation, or other entity; however, several alternatives may be included in one response.

L. It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

REFERENCES

A. Respondents are to provide a list of three (3) current and three (3) former clients. References should have similar volume and requirements to those outlined in these specifications, terms and conditions.

B. Reference information is to include:

• Company/Agency name



REFERENCES (cont’d)

• Contact person (name and title), contact person is to be someone directly involved with the services.

• Complete street address • Telephone number (Bidder shall verify that the number is current.) • Type of business • Dates of service

C. The County may contact some or all of the references provided in order to

determine the bidder’s performance record on work similar to that described in this request. The County reserves the right to contact references other than those provided in the response and to use the information gained from them in the evaluation process.

D. Contractor shall provide a complete list of current clients, including contact names

and phone numbers.

RESPONSE FORMAT

A. Proposals are to be straightforward, clear, concise and specific to the information requested.

B. In order for bids to be considered complete, bidders must provide all

information requested. RESPONSE CONTENT/SUBMITTALS

A. Bid responses must be signed in blue ink as set forth in this subsection.

1. The signatures of all persons required under the applicable organizational documents in order to bind the Contractor must be on the bid response.

2. The CSC may ask finalists to submit any of the following:

a. Evidence that the person or persons signing the Proposal are authorized to execute the Proposal on behalf of the Vendor such as a copy of the board resolution authorizing such execution.

b. A partnership agreement and a list of the names, addresses and telephone numbers of all general partners.



RESPONSE CONTENT/SUBMITTALS (cont’d)

c. A Limited Liability Company’s membership agreement and a list of the names, addresses and telephone numbers of all members.

d. A joint venture agreement and a list of the names, addresses and telephone numbers of all joint ventures. A joint venture must designate and authorize one person to act on behalf of the joint venture with respect to all matters connected with this RFP.

B. Bidders shall follow the requirements set forth below. Any material deviation from these requirements may be cause for rejection of the Proposal, as deter-mined in the County’s sole discretion. All items listed below are required to be submitted in each RFP response. The content and sequence of each proposal shall be as follows:

1. Title Page: Show RFP number and title, your company name and address, name of the contact person, telephone number and proposal date.

2. Table of Contents: Bid responses shall include a table of contents listing the individual sections of the quotation/proposal and their corresponding page numbers. Tabs should separate each of the individual sections.

3. Cover Letter: Bid responses shall include a cover letter describing the Contractor and include all of the following:

a. The official name of the bidder; b. The bidder’s organizational structure (e.g. corporation,

partnership, limited liability company, etc.); c. The jurisdiction in which the bidder is organized and the date of

such organization; d. The address of the bidder’s headquarters and of any local office of

the bidder involved in the bid proposal; e. The bidder’s Federal Tax Identification Number; f. The name, address, telephone, fax numbers and e-mail address of

the person(s) who will serve as the contact(s) with the County, with authorization to make representations on behalf of and to bind the bidder;

g. A representation that the bidder is in good standing in the State of California and has all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of the Contractor’s obligations in connection with this RFP;

h. An acceptance of all conditions and requirements contained in this RFP (except as noted in Exhibit G);




i. Applicable documentation as required and identified in Execution of Proposal above (Section A).

4. Executive Summary: A description of approach to service stating the understanding of the work to be done and a positive commitment to perform the work as specified, followed by a brief synopsis of the highlights of the proposal and overall benefits of the proposal to the County. This synopsis should not exceed three pages in length and should be easy to understand.

5. Bidder’s Qualifications and Experience:

A description of the capabilities of the bidder that pertain to this RFP. This description should not exceed five pages and should include a detailed summary of the bidder’s experience relative to RFP requirements des-cribed herein. Bidders with less than three years of relevant experience may be disqualified.

6. Financial Statements: Responses shall include at least one of the follow-ing. The documents are listed in descending order of preference by the County. The financial stability of bidders will be evaluated to determine their fiscal capability to provide the products and services proposed. If additional information is required, the County will request it of evaluation finalists. a. Audited financial statements for the past two (2) years; b. Company’s most recent Form 10-K; c. Company’s most recent Dun & Bradstreet Supplier Evaluation

Report; d. Unaudited financial statements for the past three (3) years; e. Federal income tax returns for the past three (3) years.

7. Key Personnel - Qualifications and Experience:

Bid responses shall include a complete list of and résumés of all key personnel associated with the proposal. This list must include all key personnel who will provide services/training to County staff and all key personnel who will provide maintenance and support services. For each person on the list, the following information shall be included: 1) the person’s relationship with the bidder, including job title and years of employment with the bidder; 2) the role that the person will play in con-nection with the proposal; 3) address, telephone, fax numbers, and e-mail address; 4) the person’s educational background; 5) the person’s relevant experience; and 6) relevant awards, certificates or other achievements.




This section should include no more than two pages of information about each listed person.

8. Description of the Proposed Services:

Bid response shall include terms and conditions of the contract and a description of the services to be provided during the contract term, including response times. The description shall contain a basis of esti-mate for pricing of services including scheduled start and completion dates, the number of the bidder’s and County personnel to be involved, and the number of hours scheduled for such personnel. The description shall identify spare or replacement parts that will be required in perform-ing maintenance services, the anticipated location(s) of such spare parts, and how quickly such parts shall be available for repairs.

Finally, the description must: 1) specify how the services in the bid response will meet or exceed the requirements of the County; 2) explain any special resources, procedures or approaches that make the services of the bidder particularly advantageous to the County; and 3) identify any limitations or restrictions of the bidder in providing the services that the County should be aware of in evaluating the proposal.

9. References, Exhibit D1 and D2

Complete reference information of organizations for which the bidder provides or has provided comparable product, systems and services shall be provided in Exhibits D1 and D2. Each reference shall include the project name and location, the scope of services performed and the name, address, current telephone and fax numbers of the person who may be contacted for reference information.

10. Bid Form, Exhibits B-1 through B-6

Pricing for services shall include: a) fixed annual or monthly cost; and/or b) time and materials charges.

11. Evidence of Insurance (per Exhibit C)

Certificates of insurance from a reputable insurer evidencing all coverage’s required for the term of the Final Agreement.




12. Performance Bond

Written evidence of the bidder’s ability to obtain from a reputable bond company a performance bond in the amount of $100,000.

13. Other Submittals/Exhibits

• Exhibit A, Acknowledgement, signed, • Exhibits B-1 through B-6, Bid Forms, completed as applicable to

categories being bid upon, and signed, • Certificate of Insurance per Exhibit C, • Exhibit D-1, Current References, completed, • Exhibit D-2, Former References, completed, • Exhibit E, Small, Local Partnering Information Sheet, completed

and signed, • Exhibit F, Request for Preference for Local Products and

Vendors, completed and signed (if applicable), • Exhibit G, Exceptions, Clarifications and Amendments Form,

completed and signed. Note: The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification or a lower rating in the evaluation.

• Exhibit H, Standard Agreement Contract Draft. For information only; should not be returned with proposal.

• Exhibit I, Sample Proposal Evaluation Form, fill in vendor name. EVALUATION CRITERIA/SELECTION COMMITTEE

All Proposals will be evaluated by the County Selection Committee (CSC). The County Selection Committee will be composed of departmental staff and other parties with expertise or experience in telecommunications equipment/systems. The CSC will select one or more bidders for each category and level of service in accordance with the selection criteria set forth in this RFP. The evaluation of the proposals shall be within the sole judgment and discretion of the County Selection Committee.

All contacts during the evaluation phase shall be through the Purchasing Department. Attempts by the bidder to contact members of the CSC may result in disqualification of the bidder. The CSC will evaluate each Proposal meeting the qualification requirements set forth in this RFP. Bidders should bear in mind that any Proposal that is unrealistic in terms of the technical or schedule commitments, or unrealistically high or low in cost, will be deemed reflective of an inherent lack of technical competence or indicative of a



EVALUATION CRITERIA/SELECTION COMMITTEE (cont’d) failure to comprehend the complexity and risk of the County’s requirements as set forth in this RFP.

A. Completeness of Response .............................................................Pass/Fail

Responses to this proposal must be complete. Responses that do not address each of the items listed above will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.

B. Financial Stability...........................................................................Pass/Fail

Bidders are judged as to whether their financial stability and resources are adequate to deliver as proposed.

The Evaluation Committee will consider information from sources that include, but are not limited to:

• The bidder’s Proposal, • Optional oral presentation/interview between the bidder and the CSC, • Reviews in trade journals, • Feedback by references, • Feedback by users who are not references, • Evaluation of documents published by the bidder.

The following criteria will be assigned weights of importance by the GSC. Each bid will then be rated by the CSC on each criterion.

C. Functionality of the Proposal and Understanding of Requirements

Includes judgments on adequacy of meeting specifications and whether features presented are beneficial to the County.

• Bidder demonstrates understanding of tasks and needs of the county; • Products and/or services proposed are described in a manner that shows

the ability to supply the County, meet time frames, service levels and quality;

• Ability to evaluate and assess County communications needs and make sound recommendations;

• Key personnel have experience relating to project management and service delivery in a complex environment;

• Ability and methods to coordinate schedules manage complex equipment supply, installation, and repairs and or daily workload volume.



EVALUATION CRITERIA/SELECTION COMMITTEE (cont’d)

D. Ease-of-Use of Procedures for County Work Ordering

Includes operational use, maintenance ease and an assessment of the bidder’s capability to provide the products/services proposed. Includes bidder’s proposed interactions with County personnel.

E. Support and Maintenance: Rated here are terms and conditions of proposed maintenance agreements, training, and help-desk support as well as service-call dependability and parts availability. Specify resources required by vendor to provide support and service, location of the resource, division of responsibility between the vendor and the services that will be provided by other potential vendors. Ability to meet County service needs in a timely manner through des-criptions of methodology, sample programs or plans used with other customers and in-place programs.

F. Qualifications: Each service proposed is rated according to:

1. Experience and accomplishments of proposed personnel in providing the proposed service or products to customers of similar complexity; experience in designing applications, equipment configurations, instal-lation project management, maintenance, help desk and support services.

2. Number of similar systems installed or maintained and length of time in business;

3. Feedback from references;

4. General reputation.

G. Price

An evaluation will be made of 1) reasonableness (e.g., Does the proposed pricing accurately reflect the bidder’s effort to meet requirements and objectives?); 2) realism (i.e., Is the proposed cost appropriate to the nature of the products and services to be provided?); and 3) affordability (the ability of the County to finance the equipment/system and services). Consideration of price in terms of overall affordability may be controlling in circumstances where two or more proposals are otherwise judged to be equal, or when a superior proposal is priced higher than the County can afford.

Bidders’ prices are compared by calculating the total cost to the County of estimated requirements of each service for the projected term.



EVALUATION CRITERIA/SELECTION COMMITTEE (cont’d)

H. Oral Presentation and Interview

Following evaluation of the written Proposals, bidders receiving the highest scores for each service may be invited to an oral presentation and interview. The scores at that time will not be communicated to the bidders. The oral presentation by each bidder shall not exceed forty-five (45) minutes. The oral interview will consist of standard questions asked of each of the Vendors and specific questions regarding the Proposal. The proposals may then be re-evaluated and re-scored based on the oral presentation and interview.

CONTRACT EVALUATION AND ASSESSMENT

During the initial sixty (60) day period of the contract, the CSC or other persons designated by County, will meet with the Contractor to evaluate the Contractor’s performance and to identify any issues or potential problems. The County reserves the right to determine, at its sole discretion, 1) whether the Con-tractor has complied with all terms of this RFP, and 2) whether any problems or poten-tial problems with the proposed equipment/system or services were evidenced which make it unlikely (even with possible modifications) that such equipment/system or ser-vices have met the County requirements. If, as a result of such determination the County concludes that it is not satisfied with the Contractor, the Contractor will be notified of contract termination effective forty-five (45) days following notice. Con-tractor shall be responsible for the removal of equipment/system and shall return County facilities to their pre-installation state at no charge to the County. The County shall have the right to invite the next highest ranked Vendor to enter into a contract. The County also reserves the right to re-bid equipment/system or services if the County determines it to be in its best interest to do so.

TERMS AND CONDITIONS TERM / TERMINATION / RENEWAL

A. The terms of the contracts will be from three (3) to five (5) year(s), as determined by the County.

B. The contracts will be subject to termination by either party upon sixty (60) days

advance written notice of intention to terminate.

C. The County may terminate a contract at any time without written notice upon a material breach of contract and substandard or unsatisfactory performance by the Contractor.



TERM / TERMINATION / RENEWAL (cont’d) D. By mutual agreement, these contracts may be extended for additional terms of

one (1) to three (3) years at agreed prices with terms and conditions remaining the same.

QUANTITIES

Quantities listed are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

PRICING

A. Prices quoted are to be firm for the first twelve (12) months of the contract.

B. Pricing for follow-on years after year one shall be as quoted except in the case of exceptional volatility of costs in the marketplace. In this case, price increases or decreases for subsequent contract years may be negotiated between Contractor and the County.

C. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.

D. The County has the right to decline to award this contract if it is determined that proposed pricing is not competitive with pricing for similar sized counties or non-county agencies within the State of California.

E. Where applicable, Contractor shall include a quote of time-and-materials schedule of fees for additional work outside the specified scope of work. (See Bid Form, Exhibit B-2.)

F. Price quotes shall include any and all payment incentives available to the County.

AWARD

A. Proposals will be evaluated by a committee and will be ranked in accordance with the RFP section entitled EVALUATION CRITERIA/SELECTION COMMITTEE.

B. The Committee will recommend award to the bidder who, in its opinion, has submitted the proposal that best serves the overall interests of the County and attains the highest overall point score for each service and level. Award will not necessarily be made to the bidder with the lowest price.

C. The County reserves the right to reject any or all responses and to waive informalities and minor irregularities in responses received.



AWARD (cont’d)

D. The County reserves the right to award to a single or multiple vendors.

E. In the event of failure to agree to a Standard Agreement conforming to the terms and conditions of this RFP, the County reserves the right to contact the bidder that submitted the next-to-highest-ranked proposal.

F. In the event of termination due to breach of contract and substandard or unsatis-factory performance the County reserves the right to contact the bidder who submitted the next highest ranked proposal for that service.

G. The County of Alameda Board of Supervisors approval is required to award a contract.

H. Contractors shall sign an acceptance of award letter and Standard Agreement contract prior to Board approval.

METHOD OF ORDERING

A. A signed Standard Agreement contract for each service and level shall be issued upon Board approval.

B. Purchase Orders and Standard Agreements shall be faxed, transmitted electron-ically or mailed and shall be the only authorization to the Contractor to place an order.

C. Purchase orders and payments for products and services shall be issued only to the name of the Contractor who is awarded a contract.

D. Contractor shall adapt to changes to the method of ordering procedures as required by County of Alameda during the term of the contract.

E. Change orders shall be agreed upon by Contractor and County and issued as needed in writing by County.

INVOICING

A. Contractor shall invoice requesting department, unless otherwise advised, upon satisfactory delivery of product and performance of services.

B. Payment will be made within thirty (30) days following receipt of invoice and upon complete satisfactory receipt of product and performance of services.

C. County will notify Contractor of any adjustments required to invoice.



INVOICING (cont’d)

D. Invoices shall contain County PO number, invoice number, remit-to address, itemized products and/or services description and prices as quoted.

E. Contractor shall use standardized invoice upon request.

F. Invoices shall be issued and payments made only to the Contractor who is awarded a contract.

G. Payments shall be issued to and invoices must be received from the same Contractor name specified on the purchase orders.

H. The County invoice processing function is decentralized. Invoices are to be sent to the location specified at the time an order is placed. In the event that payment is not made according to terms, Contractor shall contact non-compliant County department to expedite payments due and shall not penalize or discontinue performance to entire County.

I. The entire County is not to be put on credit hold or penalized if an individual Department/Business Unit is delinquent in processing its payments. Contractors must work with the individual Departments/Business Units to resolve any delin-quency or other payment issues. Contractors are to take collection actions if necessary, up to and including credit hold, against individual Departments/ Business Units, not the entire County. Failure to follow this procedure may result in termination of the contract.

J. For service and maintenance contracts the County will pay Contractor monthly or as agreed upon, not to exceed the total lump sum price quoted in the bid response.

OTHER AGENCIES

Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor will be requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.

LIQUIDATED DAMAGES

A. A deduction for liquidated damages of $ 500.00 per day will be assessed for not meeting performance as prescribed in section entitled SPECIFIC REQUIREMENTS, above.

B. It being impracticable or extremely difficult to fix the actual damage, the amount

set forth above is hereby agreed upon as liquidated damages and will be deducted



LIQUIDATED DAMAGES (cont’d)

from any money due the Contractor under these contracts. Should the amount of the damages exceed the amount due, the Contractor's sureties shall be liable for the excess.

C. In the event the Contractor’s performance and/or deliverable projects have been

deemed unsatisfactory by a review committee, the County reserves the right to withhold future payments until the performance or deliverable projects are deemed satisfactory.

PERFORMANCE REQUIREMENTS

Detailed performance requirements will be developed from the County’s RFP and the bidders’ proposals and specified in the standard agreement for each contract.

FUNDING OUT CLAUSE

The County may, at its sole option, terminate this agreement at the end of any County Fiscal Year, for reason of non-appropriation of funds. In such event, the County will give Contractor at least thirty (30) days written notice that such function will not be funded for the next fiscal period. In such event, the County will return any associated equipment to the Contractor in good working order, reasonable wear and tear expected.

COUNTY PROVISIONS

A. Preference for Local Products and Vendors: A five percent (5%) preference shall be granted to Alameda County Products or vendors on all sealed bids on contracts except with respect to those contracts which state law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices or distribution points located in and having a street address within the County and which holds a valid business license issued by the County or a city within the County. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the County. Locality must be maintained for the term of the contract. Evidence of locality shall be provided immediately upon request at any time during the term of the contract.

B. Small and Locally Owned Business: The General Services Agency is interested

in promoting the growth of small local businesses, through increasing the partic-ipation of these businesses in the County’s purchases of goods and/or services.

In order to encourage businesses to locate and remain in the County, to provide and enhance employment opportunities for persons living in the County, and to



COUNTY PROVISIONS (cont’d) contribute to the economic environment of the County, the General Services Agency has incorporated the following requirements into this RFP.

Bidders not meeting the following definitions of small and local business, are required to either partner, joint venture or subcontract with a small and local business for at least twenty percent (20%) of the total estimated bid amount in order to be considered for the contract award.

For the purpose of this RFP, a small and local business is one having no more than 1500 employees, and is a firm or dealer with fixed offices or distribution points located in and having a street address within the County, and which holds a valid business license issued by the County or by a City within the County.

In order to meet the partnering, joint venture or subcontracting requirements of this section, businesses which are not small and local, must submit with their bids, written documentation evidencing a firm contractual commitment to meeting twenty percent (20%) local participation goal described above, in the event the contract is awarded to them. Participation must be maintained for the term of the contract. Evidence of participation shall be provided immediately upon request at any time during the term of the contract. Contractor shall provide quarterly participation reports during the term of the contract and a final account statement at the end of the contract to the Contract Manager. The General Services Agency reserves the right to waive this small and local business participation requirement in this RFP, if the additional estimated cost to the County which may result from inclusion of the requirement exceeds five percent (5%) of the total estimated contract amount or $10,000, whichever is less. Such waivers are rarely granted. If additional information is needed regarding this requirement, please contact Linda Moore, Business Outreach Officer, County of Alameda General Services Agency, at (510) 208-9717.

C. Hold Harmless/Indemnification: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, officers, employees and agents (collectively “Indemnitees”) from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of Contractor or County) or damage of any property (including property of Contractor or County) which arises out of or is any way connected with the



COUNTY PROVISIONS (cont’d) performance o f this agreement (collectively “Liabilities”) except where such

Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

D. Insurance: Please refer to Exhibit C for the insurance requirements applicable to

this request.

E. Drug-Free Workplace: It is the policy of Alameda County to maintain a drug-free workplace. The unlawful manufacture, distribution, dispensation, possession and/or use of controlled substances in the workplace is prohibited. Controlled substances are those defined in 21 USC Section 812 and include, but are not limited to, such substances as marijuana, heroin, cocaine and amphetamines. The workplace is presumed to include all Alameda County facilities and premises where Alameda County employees may visit in the execution of their job duties such as homes, schools, hospitals, etc. All Alameda County employees are required to comply with this policy as an essential condition of employment. Individuals who are not considered Alameda County Civil Service employees, but who perform work at County worksites for the County's benefit, are required to comply with this policy. Such individuals who unlawfully manufacture, distribute, dispense, possess or use controlled substances in the County workplace may be barred from further work for and in the County's facilities as well as from future consideration.

F. Immigration Naturalization Service Requirements: In compliance with the

Immigration Reform and Control Act of 1986, Contractor shall require all persons in its employ to provide the necessary documentation to establish identity and employment eligibility. The Owner requires that all personnel employed be eligible for employment in the United States and have substantiated their eligibility with the Contractor.

G. Equal Employment Opportunity Practices Provisions: Contractor assures that

he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

1. Contractor shall, in all solicitations or advertisements for applicants for

employment placed as a result of this contract, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color,



COUNTY PROVISIONS (cont’d) disability, sex, sexual orientation, national origin, age, religion,

Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

2. Contractor shall, if requested to so do by the County, certify that it has

not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

3. If requested to do so by the County, Contractor shall provide the County

with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

4. Contractor shall recruit vigorously and encourage minority- and women-

owned businesses to bid its subcontracts.

5. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

6. The Contractor shall include the provisions set forth in paragraphs

numbered 1 through 5 (above) in each of its subcontracts.

H. Independent Contractor Status: Contractor hereby agrees that it is engaged as an independent contractor and not as an agent or employee of the County; that it has and retains the right to exercise control and supervision of the work and full control over the employment, direction, compensation and discharge of all persons assisting in the work; that it will be solely responsible for wages, including withholding of income taxes, social security taxes and preparation and filing of IRS Form 1099 for each individual furnished to the County under this contract, workers' compensation premiums, compliance with OSHA and all employment-related regulations relating to its employees; and that it will be responsible for its own acts and those of its subordinates, employees and agents during the term of this contract. Contractor agrees that as an independent contractor it is solely responsible for all federal, state and local taxes. Contractor further agrees that its officers and employees do not become employees of the County, nor are they entitled to any County employee benefits as a result of the execution of this contract.

I. Conflict of Interest: No officer, member or employee of the County and no

member of its governing bodies shall have any pecuniary interest, direct or



COUNTY PROVISIONS (cont’d) indirect, in this contract or the proceeds thereof. No Contractor or member of

Contractor's family shall serve on a County board, committee, or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operation or authorizes funding to Contractor.

J. Confidentiality: Confidential information is defined as all information disclosed

to Contractor which relates to the County's past, present and future activities, as well as activities under this agreement. Contractor will hold all such information in trust and confidence. Upon cancellation or expiration of this Contract, Contractor will return to the County all written or descriptive materials which contain any such confidential information.

K. Use of County Property: Contractor shall not use County premises, property

(including equipment, instruments or supplies) or personnel for any purpose other than in the performance of its obligations under this contract.

L. Access To Records: Until the expiration of five (5) years after the furnishing of any services, Contractor shall make available, upon written request, to County or to the federal/state government, or any of their duly authorized representatives, this Agreement, and such books, documents and records of Contractor that are necessary to certify the nature and extent of the reasonable cost of services to County. If Contractor enters into a County approved agreement with any related organization to provide services with a value or cost of $10,000 or more over a twelve-month period, such agreement shall contain a clause to the effect that until the expiration of five years after the furnishing of services pursuant to such subcontract, the related organization shall make available, upon written request, to County or to the federal/state government, or any of their duly authorized representatives, the subcontract, and books, documents and records of such organization that are necessary to verify the nature and extent of the services and costs. This paragraph shall be of no force and effect when and if it is not required by law, or if modified by law, such modification will supersede this clause. County shall have access to Contractor's financial records for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for five years after final payment hereunder.

M. Environmentally Friendly Packaging: Alameda County is an environmentally

responsible employer and seeks all practical opportunities for waste reduction and recycling. The County, therefore, encourages its vendors to reduce waste volume and toxicity by using environmentally friendly packaging material whenever possible. Options may include backhauling product packaging to the



COUNTY PROVISIONS (cont’d)

supplier for reuse or recycling, shipping in bulk or reduced packaging, using soy bean-based inks for packaging printing, using recycled product packaging or using recyclable or reusable packaging material. The County encourages all bidders and contractors for goods and services to adhere to these principles where practicable.

N. Material Safety Data Sheets: MSDS's for all hazardous substances must be

included with each shipment.

O. Payment of Not Less Than The General Prevailing Rate of Per Diem Wages: The Contractor shall comply with Labor Code, Section 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to the County of Alameda, $100.00 for each 24 hour period, or portion thereof, for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the Contract by it, or by any subcontractor under it, in violation of the provisions of the Labor Code, and, in particular, Labor Code Sections 1770 to 1780 inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the rates actually paid shall be paid to each worker by the Contractor.

P. Warranty: Contractor expressly warrants that all goods and services to be

furnished pursuant to this contract conform to the descriptions and specifications contained herein and in vendor catalogs, product brochures and other representations, depictions or models, and will be free from defects, of merchantable quality, good material and workmanship. Contractor expressly warrants that all goods and services to be furnished pursuant to this contract will be fit and sufficient for purposes intended. This warranty shall survive any inspections, delivery, acceptance or payment by County. Contractor warrants that all work and services furnished hereunder shall be guaranteed for a period of one(1) year from the date of acceptance by the County.

Q. Title: Contractor warrants and represents that Contractor has absolute and good title to and full right to dispose of goods and services, and that there are no security interests, liens, claims or encumbrances of any kind against the goods or work.

R. Product Compliance

Contractor warrants that any product furnished pursuant to this contract will satisfactorily interface with existing products and systems and will support a four-digit format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year



COUNTY PROVISIONS (cont’d) calculations. "Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this contract.

S. Remedies: In addition to other remedies afforded by law or in equity for breach

of warranty or otherwise, any goods or work found to be defective within one (1) year after acceptance thereof by County shall be repaired or replaced by Contractor free of all charges, including transportation. Contractor agrees to indemnify County against all liability, loss and damage, including reasonable attorney’s fees, sustained by County because of the failure of the goods or services to conform to any express or implied warranty. All warranties contained herein shall survive the termination or expiration of this contract.

T. Third Party Beneficiaries: Contractor’s warranties extend to any person who may

reasonably be expected to use, consume or be affected by the goods and services, and any such person shall be entitled to bring an action directly against Contractor for damages or injuries sustained in the result of any breach of warranty by Contractor.

U. Force Majeure: Upon award of a contract, should Contractor or County be

prevented from performing its obligations as specified herein by a cause or cause outside of and/or beyond their control, including but not limited to, acts of God, acts of civil or military authorities, government priorities, unavailability of transport, fire, strikes, floods, earthquakes, hurricanes, epidemics, tornadoes, wars, or riots, which makes performance not feasible and which by the exercise of due diligence Contractor or County is unable to overcome, then they will be excused from performance to the extent such performance is prevented, but not to exceed the duration such Force Majeure affects Contractor or County.

Payment of money for delivered and accepted goods or work is not excused by Force Majeure. If Contractor or County invokes these Force Majeure conditions, they shall give written notice to the other Party of the existence of a Force Majeure conditions and shall demonstrate that all reasonable steps to minimize the consequences of the conditions have been taken. As continuity of contract performance is essential, Contractor and County shall cooperate with the other in actions reasonably necessary to minimize the consequences of a Force Majeure. Such action shall include, but not be limited to, assisting and making arrangements for replacement of the performance required hereunder.



COUNTY PROVISIONS (cont’d) In the event of reduced performance due to Contractor’s or County’s partial Force Majeure, the other Party has the option to accept pro rata performance or refuse reduced performance. For any duration that Contractor or County enforces Force Majeure provisions, the other Party may, at its option, purchase from a third party all or part of the performance required hereunder. If Contractor’s or County’s Force Majeure or partial Force Majeure lasts for more than three (3) months, the other Party may, at its option, terminate the contract.

ACCOUNT MANAGER/SUPPORT STAFF

A. Contractor shall provide a competent account manager who shall be responsible for the County of Alameda account. The account manager shall receive all orders from the County and shall be the primary contact for all issues regarding this contract.

B. Contractor shall provide adequate, competent support staff who shall be able to

service this account during normal working hours, Monday through Friday. Such representatives shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems.

C. Account manager shall be familiar with County requirements and standards and

work with the County Buyer to ensure that established standards are adhered to.

D. Account manager shall keep the County Buyer informed of requests from departments as required.

GENERAL REQUIREMENTS

A. Each successful Contractor shall be regularly and continuously engaged in the business of providing telecommunications services in the category bid for at least three (3) years, or as specified in the Section NECESSARY QUALIFICATIONS.

B. Contractor shall be an authorized Avaya Business Partner. C. Successful Contractor(s) shall possess all permits, licenses and professional

credentials necessary to supply product and perform services as specified under this contract.



GENERAL REQUIREMENTS (cont’d) D. Proper conduct is expected of Contractor’s personnel when on County premises.

This includes adhering to no-smoking ordinances, the drug-free work place policy, not using alcoholic beverages and treating employees courteously.

E. The County of Alameda has the right to request removal of any Contractor

employee who does not properly conduct himself/herself or perform quality work. F. Contractor personnel shall be easily identifiable as non-County employees (e.g.,

work uniforms, badges, etc.). G. Contractor shall be responsible for any and all damage to County facilities or

equipment as a result of an act or omission arising out of the performance under this contract.

H. All work shall be performed in a professional manner according to generally

accepted industry standards and manufacturers instructions.

I. Contractor shall not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of the County.

J. Time is of the essence in each and all the provisions of this agreement.

K. No alteration or variation of the terms of this agreement shall be valid unless

made in writing and signed by the parties hereto.

ALAMEDA COUNTY, EXHIBIT A � BID ACKNOWLEDGEMENT

RFP No. 004-1-0454 for

Avaya Telecommunications Equipment Procurement, Installation and Support Service

The County of Alameda is soliciting bids from qualified vendors to furnish its requirements per the specifications, terms and conditions contained in the above referenced RFP number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled. 1. Preparation of bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections

printed in ink or typewritten adjacent and must be initialed in ink by person signing bid. (b) Quote price as specified in RFP. No alterations or changes or any kind shall be permitted to Exhibit B, Bid Form. Responses that do not comply shall be subject to rejection in total.


3. Taxes and freight charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by County, will be paid by the County unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the County of Alameda are exempt from certain Federal excise taxes. The County will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFP gives notice of an all-or-none award, the County may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.




8. Discounts: (a) Terms of less than ten (10) days for cash discount will considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the County at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the County warrant check.



THE undersigned acknowledges receipt of above referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the vendor indicated below, in accordance with the specifications, terms and conditions of this RFP and Bid Acknowledgement.

Firm: Address: State/Zip What advertising source(s) made you aware of this RFP?

By:_______________ ________________________________________________ Date____________ Phone_____________________ Printed Name Signed Above:_______________________________________________________________________________________ Title:__________________________________________________________________________________________________________

Company Name:

EXHIBIT B-1

DEDICATED AND SERVICE AS NEEDED TECHNICIANS



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Two (2) full-time (min. 45 weeks/year of each technic-ian), dedicated telecommuni-cations technicians with vehicle and tools.

Month

Technician services for moves, additions and changes

4-hr block

Company Name:

EXHIBIT B-2

MAINTENANCE AGREEMENTS FOR AVAYA EQUIPMENT ITEMS



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST


Total



tion




BID FORMEQUIP LINK NAME ADDRESS U.P.S. TOTAL BID

STATIONS TRUNKS PORTS PRICEG3R7 SUPERIOR COURT (CAB) 1225 FALLON, OAKLAND 4-hr 3,446 437 3,883EPN 5&6 FIBER LAKESIDE PLAZA 1401 LAKESIDE, OAKLAND 4-hrEPN 7 FIBER RECORDER/SSA 1106 MADISON, OAKLAND 4-hrEPN 8 T-1 AMBULATORY CARE SVCS 1900 EMBARCADERO, OAKLAND 1-hrEPN 9 T-1 SUPERIOR COURT 201 13 ST., OAKLAND 2ND FL POST OFF. 1-hrEPN 10 T-1 ASSESSOR'S OFFICE 1110 JACKSON, OAKLAND 1-hrEPN 11 T-1 D.A. FAMILY SUPPORT 393 13TH ST., OAKLAND 2-hr

G3R8 SAN LEANDRO COMPLEX (FAH) 2000 150TH ST., SAN LEANDRO 2-hr&GEN 2,200 314 2,514EPN 3 FIBER JUVENILE HALL 2200 FAIRMONT, SAN LEANDRO 4-hrEPN 4 FIBER JOHN GEORGE PSY. PAVILION 2060 FAIRMONT, SAN LEANDRO 4-hrEPN 5 T-1 MENTAL HEALTH 10700 MACARTHUR BLVD., OAKLAND 1-hrEPN 6 T-1 HCSA FINANCE 1850 FAIRWAY, OAKLAND 1-hrEPN 7 T-1 FIRE DEPT. 835 E. 14TH, SAN LEANDRO

G3R6 SOCIAL SERVICES (ENT) 8477 ENTERPRISE WAY, OAKLAND 4-hr 1,987 390 2,377EPN 2 FIBER SOCIAL SERVICES (2ND FL) 8477 ENTERPRISE WAY, OAKLAND, 2ND FL 4-hrEPN 3 T-1 ENVIRONMENTAL HEALTH 1131 HARBOR BAY, ALAMEDA NoneEPN 4 T-1 DEPT. ON AGING 8000 EDGEWATER, OAKLAND 2-hrEPN 5 T-1 HEALTH CARE B.H.C.S. 2000 EMBARCADERO, OAKLAND 2-hrEPN 6 T-1 VOCATIONAL PROGRAM 333 HEGENBERGER, OAKLAND 2-hrEPN 7 T-1 BENEFIT CENTER 1351 HARBOR BAY PKWY, ALAMEDA 1-hrEPN 8 T-1 AGING AND CHILDREN'S 7751 EDGEWATER, OAKLAND 1-hrEPN 9 T-1 BEHAVIORAL HEALTH (4th floor) 303 HEGENBERGER, OAKLAND 2-hr

G3R6 HAYWARD HALL OF JUSTICE (HOJ) 24405 AMADOR ST. HAYWARD 4-hr 2,549 290 2,839EPN 4 T-1 PUBLIC WORKS 951 TURNER CT. HAYWARD 4-hrEPN 5 FIBER SOCIAL SERVICES 24100 AMADOR ST. 2-hr

G3R6 FREMONT HALL OF JUSTICE (FHJ) 39439 PASEO PADRE PKWY, FREMONT 4-hr 512 143 655EPN 3 T-1 HEALTH CARE 39155 LIBERTY ST., FREMONT 2-hrEPN 4 T-1 AMBULATORY CARE SERVICES 6066 CIVIC TERRACE, NEWARK 4-hrEPN 5 T-1 PROBATION ADULT CLINIC 3155 KEARNEY, FREMONT 1-hr

G3R6 EASTMONT WELLNESS (EHC) 6955 FOOLTHILL BLVD., OAKLAND 4-hr 656 101 757EPN FIBER SELF-SUFFICIENCY CENTER " 1-hr




BID FORM

G3SiR6 D.A. FAMILY SUPPORT (DST) 2901 PERALTA OAKS, OAKLAND 4-hr 389 94 483

G3SiR5 ACCESS PROGRAM (ACS) 2035 FAIRMONT ST., SAN LEANDRO 2-hr 99 56 155

G3Si (April '02) CENTRAL HEALTH (CHC) 470 27TH ST., OAKLAND 2-hr 207 74 281G3Si SOCIAL SERVICES (SOC) 4501 BROADWAY, OAKLAND 2-hr 136 262 398G3Si FREMONT LIBRARY (LIB) 2400 STEVENSON BLVD., FREMONT 2-hr 50 218 268

G3R8 SANTA RITA JAIL (SRS) 5325 BRODER BLVD, DUBLIN 2-hr&GEN 1,047 173 1,220EPN 3 FIBER OFFICE OF EMERGENCY SERVICES 4985 BRODER BLVD., DUBLIN 2-hr&GENEPN 4 T-1 PLEASANTON COURTHOUSE 5672 STONERIDGE, PLEASANTON 2-hr

G3R8 SOCIAL SERVICES (SOS) 401 BROADWAY, OAKLAND 4-hr 2,495 406 2,901EPN 4 FIBER SOCIAL SERVICES 661 WASHINGTON, OAKLAND 2-hrEPN 5 FIBER SOCIAL SERVICES 330 FRANKLIN, OAKLAND 2-hrEPN 6 T-1 PUBLIC HEALTH 1000 BROADWAY 4-hrEPN 8 T-1 WORK FURLOUGH 2425 E. 12TH ST., OAKLAND 2-hrEPN 7 T-1 SUPERIOR COURT 2233 SHORELINE DR., ALAMEDA 2-hr

G2.2 HIGHLAND HOSPITAL (HGH) 1411 E. 31ST., OAKLAND 4-hr&GEN 2,085 324 2,409

NOTES: For bidding purposes, assume the following port and trunk distribution TOTALS: 17,858 3,282 21,140 Digital Ports 57% Analog Ports 40% Hybrid Ports 3% Digital Trunks 75% Analog Trunks 25%


Company Name:

EXHIBIT B-3

AROUND-THE-CLOCK MONITORING AND REPAIR DISPATCH



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT

COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Around-the-clock monitoring and repair dispatch (Itemize on Form B-3A)

Total




BID FORM

EQUIP LINK NAME ADDRESS U.P.S. TOTAL BIDSTATIONS TRUNKS PORTS PRICE

G3R7 SUPERIOR COURT (CAB) 1225 FALLON, OAKLAND 4-hr 3,446 437 3,883EPN 5&6 FIBER LAKESIDE PLAZA 1401 LAKESIDE, OAKLAND 4-hrEPN 7 FIBER RECORDER/SSA 1106 MADISON, OAKLAND 4-hrEPN 8 T-1 AMBULATORY CARE SVCS 1900 EMBARCADERO, OAKLAND 1-hrEPN 9 T-1 SUPERIOR COURT 201 13 ST., OAKLAND 2ND FL POST OFF. 1-hrEPN 10 T-1 ASSESSOR'S OFFICE 1110 JACKSON, OAKLAND 1-hrEPN 11 T-1 D.A. FAMILY SUPPORT 393 13TH ST., OAKLAND 2-hr

G3R8 SAN LEANDRO COMPLEX (FAH) 2000 150TH ST., SAN LEANDRO 2-hr&GEN 2,200 314 2,514EPN 3 FIBER JUVENILE HALL 2200 FAIRMONT, SAN LEANDRO 4-hrEPN 4 FIBER JOHN GEORGE PSY. PAVILION 2060 FAIRMONT, SAN LEANDRO 4-hrEPN 5 T-1 MENTAL HEALTH 10700 MACARTHUR BLVD., OAKLAND 1-hrEPN 6 T-1 HCSA FINANCE 1850 FAIRWAY, OAKLAND 1-hrEPN 7 T-1 FIRE DEPT. 835 E. 14TH, SAN LEANDRO

G3R6 SOCIAL SERVICES (ENT) 8477 ENTERPRISE WAY, OAKLAND 4-hr 1,987 390 2,377EPN 2 FIBER SOCIAL SERVICES (2ND FL) 8477 ENTERPRISE WAY, OAKLAND, 2ND FL 4-hrEPN 3 T-1 ENVIRONMENTAL HEALTH 1131 HARBOR BAY, ALAMEDA NoneEPN 4 T-1 DEPT. ON AGING 8000 EDGEWATER, OAKLAND 2-hrEPN 5 T-1 HEALTH CARE B.H.C.S. 2000 EMBARCADERO, OAKLAND 2-hrEPN 6 T-1 VOCATIONAL PROGRAM 333 HEGENBERGER, OAKLAND 2-hrEPN 7 T-1 BENEFIT CENTER 1351 HARBOR BAY PKWY, ALAMEDA 1-hrEPN 8 T-1 AGING AND CHILDREN'S 7751 EDGEWATER, OAKLAND 1-hrEPN 9 T-1 BEHAVIORAL HEALTH (4th floor) 303 HEGENBERGER, OAKLAND 2-hr

G3R6 HAYWARD HALL OF JUSTICE (HOJ) 24405 AMADOR ST. HAYWARD 4-hr 2,549 290 2,839EPN 4 T-1 PUBLIC WORKS 951 TURNER CT. HAYWARD 4-hrEPN 5 FIBER SOCIAL SERVICES 24100 AMADOR ST. 2-hr

G3R6 FREMONT HALL OF JUSTICE (FHJ) 39439 PASEO PADRE PKWY, FREMONT 4-hr 512 143 655EPN 3 T-1 HEALTH CARE 39155 LIBERTY ST., FREMONT 2-hrEPN 4 T-1 AMBULATORY CARE SERVICES 6066 CIVIC TERRACE, NEWARK 4-hrEPN 5 T-1 PROBATION ADULT CLINIC 3155 KEARNEY, FREMONT 1-hr




BID FORM

EQUIP LINK NAME ADDRESS U.P.S. TOTAL BIDSTATIONS TRUNKS PORTS PRICE

G3R6 EASTMONT WELLNESS (EHC) 6955 FOOLTHILL BLVD., OAKLAND 4-hr 656 101 757EPN FIBER SELF-SUFFICIENCY CENTER " 1-hr

G3SiR6 D.A. FAMILY SUPPORT (DST) 2901 PERALTA OAKS, OAKLAND 4-hr 389 94 483

G3SiR5 ACCESS PROGRAM (ACS) 2035 FAIRMONT ST., SAN LEANDRO 2-hr 99 56 155

G3Si (April '02) CENTRAL HEALTH (CHC) 470 27TH ST., OAKLAND 2-hr 207 74 281G3Si SOCIAL SERVICES (SOC) 4501 BROADWAY, OAKLAND 2-hr 136 262 398G3Si FREMONT LIBRARY (LIB) 2400 STEVENSON BLVD., FREMONT 2-hr 50 218 268

G3R8 SANTA RITA JAIL (SRS) 5325 BRODER BLVD, DUBLIN 2-hr&GEN 1,047 173 1,220EPN 3 FIBER OFFICE OF EMERGENCY SERVICES 4985 BRODER BLVD., DUBLIN 2-hr&GENEPN 4 T-1 PLEASANTON COURTHOUSE 5672 STONERIDGE, PLEASANTON 2-hr

G3R8 SOCIAL SERVICES (SOS) 401 BROADWAY, OAKLAND 4-hr 2,495 406 2,901EPN 4 FIBER SOCIAL SERVICES 661 WASHINGTON, OAKLAND 2-hrEPN 5 FIBER SOCIAL SERVICES 330 FRANKLIN, OAKLAND 2-hrEPN 6 T-1 PUBLIC HEALTH 1000 BROADWAY 4-hrEPN 8 T-1 WORK FURLOUGH 2425 E. 12TH ST., OAKLAND 2-hrEPN 7 T-1 SUPERIOR COURT 2233 SHORELINE DR., ALAMEDA 2-hr

G2.2 HIGHLAND HOSPITAL (HGH) 1411 E. 31ST., OAKLAND 4-hr&GEN 2,085 324 2,409

TOTALS: 17,858 3,282 21,140

Company Name:

EXHIBIT B-4

EQUIPMENT SUPPLY



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST



* The price charged to the County, exclusive of taxes and freight, shall be based on the quoted discount applied to Avaya, Inc.’s list price at the time of the transaction.

Company Name:

EXHIBIT B-5

EQUIPMENT INSTALLATION



BID FORM

DESCRIPTION

UNIT*

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD

YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST


Regular hourly rate


Regular hourly rate






Sunday & national

holiday rate


Sunday & national

holiday rate

* Unless bidder specifies otherwise, regular hourly rates apply on weekdays from 8:00 A.M. to 5:00 P.M. Overtime rates will apply during non-regular weekday times and all day Saturday. Sunday rates will apply all day Sunday and on the following national holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

Company Name:

EXHIBIT B-6

AVAYA CMS PROFESSIONAL SERVICES / APPLICATION DEVELOPMENT



BID FORM

DESCRIPTION

UNIT

1ST YEAR UNIT COST

2ND YEAR UNIT COST

3RD YEAR UNIT COST

4TH YEAR UNIT COST

5TH YEAR UNIT COST

Labor rate for CMS Profes-sional Services/Application Development (Business hours only)

Hourly Rate

EXHIBIT C COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements:

TYPE OF INSURANCE COVERAGES MINIMUM LIMITS A Commercial General Liability

Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability

$1,000,000 per occurrence (CSL) Bodily Injury and Property Damage

B Commercial or Business Automobile Liability All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities

$1,000,000 per occurrence (CSL) Any Auto Bodily Injury and Property Damage

C Workers’ Compensation (WC) and Employers Liability (EL) Required for all contractors with employees

WC: Statutory Limits EL: $100,000 per accident for bodily injury or disease

D Professional Liability/Errors and Omissions Including Medical Malpractice for medical related Agreement

$1,000,000 per claim

E Motor Truck Cargo Transit Insurance $2,000,000 per occurrence F Fire, Earthquake, Flood and Extended Perils/All Risk Physical Loss

or Damage $2,000,000 per occurrence

G

Endorsements and Conditions: 1. ADDITIONAL INSURED: General Liability and Automobile Liability Policies shall be endorsed to name as additional insured:

County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of B++ or better, with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall no relieve or decrease the liability of Contractor hereunder

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods: – Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured (covered party),

or at minimum named as an “Additional Insured” on the other’s policies. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured.

7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to:

- Department/Agency issuing the contract - With a copy to Risk Management Unit (1106 Madison Street, Room 233, Oakland, CA 94607)

Certificate C-8 Page 1 of 1 Form 2001-1

EXHIBIT D-1 COUNTY OF ALAMEDA

RFP No. 004-1-0454 for

Avaya Telecommunications Equipment Procurement, Installation and Support Service REFERENCES

Respondents are to provide a list of five (5) current clients in the area provided below. References shall be provided as required per the RFP specifications, terms and conditions. References should have similar volume and requirements to those outlined in these specifications, terms and conditions.

The County may contact some or all of the references provided in order to determine the proposer’s performance record on work similar to that described in this request. The County reserves the right to contact references other than those provided in the response and to use the information gained from them in the evaluation process.

Company Name: Address: City, State, Zip Code: Contact Person: Telephone Number: Type of Business: Dates of Service:





Company Name:

EXHIBIT D-2 COUNTY OF ALAMEDA

RFP No. 004-1-0454 for

Avaya Telecommunications Equipment Procurement, Installation and Support Service REFERENCES

Respondents are to provide a list of five (5) former clients in the area provided below. References shall be provided as required per the RFP specifications, terms and conditions. References should have similar volume and requirements to those outlined in these specifications, terms and conditions.

The County may contact some or all of the references provided in order to determine the proposer’s performance record on work similar to that described in this request. The County reserves the right to contact references other than those provided in the response and to use the information gained from them in the evaluation process.






Company Name:

EXHIBIT E

SMALL & LOCAL BUSINESS PARTNERING INFORMATION SHEET


for Avaya Telecommunications Equipment Procurement, Installation and Support Service

In order to meet the small, local business requirements of this RFP, all bidders must complete this form as required below. Bidders not meeting the definition of small and local business are required to either partner, joint venture or subcontract with a small and local business for at least twenty percent (20 %) of the total estimated bid amount in order to be considered for contract award. This form must submitted for each business you will work with, evidencing a firm contractual commitment to meeting the small and local participation goal in the event you are awarded a contract. (Copy this form as needed.) ________________________________________________________________________________(bidder) """" is a small, local business. """" is not a small, local business and will partner, joint venture or subcontract __________% with the small, local business named below for the following service(s): _______________________________________________________________________________________

Small, Local Business Name: ___________________________________________________________________

Street Address: ___________________________________________________________________

City, State, Zip: ___________________________________________________________________

Phone: _____________________________________________________

Tax ID Number: _____________________________________________________

Principal Name: ______________________________________________________

Principal Signature: _________________________________________________ _________________ (Date) Bidder Signature: _________________________________________________ _________________ (Date)

EXHIBIT F


for

Avaya Telecommunications Equipment Procurement, Installation and Support Services REQUEST FOR PREFERENCE

for LOCAL PRODUCTS AND VENDORS

IF YOU WOULD LIKE TO REQUEST THE LOCAL PREFERENCE

COMPLETE THIS FORM AND RETURN IT WITH YOUR BID A five-percent (5%) preference shall be granted to Alameda County products or vendors on all sealed bids on contracts except with respect to those contracts which State law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices or distribution points located in and having a street address within the County and which holds a valid business license issued by the County or a city with the County. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the County.

Company Name:

Street Address:

Telephone Number:

Business License Number:

The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:

EXHIBIT G



Exceptions, Clarifications, Amendments List below requests for RFP clarifications, exceptions and amendments, if any, and submit with your bid response. The County is under no obligation to accept any exceptions and such exceptions may be a basis for bid disqualification.

Reference To: Item No. Page No. Paragraph

No.

Description

Contractor:

EXHIBIT H � STANDARD AGREEMENT CONTRACT DRAFT

I:\purchgen\word\template\Standard Agreement.dot 11/13/00

P.O./Contract #:_________________________

Exhibit H

COUNTY OF ALAMEDA, STATE OF CALIFORNIA STANDARD AGREEMENT

THIS AGREEMENT, made and entered into this __________ day of ______________, 20____, by and between the COUNTY OF ALAMEDA, State of California, hereinafter called the “County”, and hereinafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the County hereinafter expressed, does hereby agree to furnish the County services and materials, as follows, and/or described on exhibits attached to and incorporated herein.

(Type in appropriate description of services) CONTRACT PERIOD will be from ______________ through _________________. COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $___________ per _______________ and/or __________________________ The total amount paid by County to Contractor under this agreement shall not exceed the sum of $_________________. ADDITIONAL PROVISIONS, pages 1 through 5, attached hereto constitute a part of this agreement.


I:\purchgen\word\template\Standard Agreement.dot 11/13/00

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. COUNTY OF ALAMEDA CONTRACTOR By: ____________________________ ___________________________ PURCHASING AGENT CONTRACTOR By: ___________________________ __________________________ Title __________________________ Address Tax Payer I.D. #_________________________


Page 1 of 5

ADDITIONAL PROVISIONS

1. EMPLOYER/EMPLOYEE RELATIONSHIP: No relationship of employer and employee is created by this Agreement, it being understood that Contractor shall act hereunder as an independent contractor; that Contractor shall not have any claim under this Agreement or otherwise against County for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, Social Security, disability, Workers' Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind; that Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, Federal and State income taxes, and in connection therewith Contractor shall indemnify and hold County harmless from any and all liability which County may incur because of Contractor's failure to pay such taxes; that Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the agency concerned. Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County shall, upon two weeks notice to Contractor withhold from the payments to Contractor hereunder federal and state income taxes and pay said sums over to the federal and state governments.

2. HOLD/HARMLESS/INDEMNIFICATION: To the fullest extent permitted by law,

Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, officers, employees and agents (collectively “Indemnitees”) from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of Contractor or County) or damage of any property (including property of Contractor or County) which arises out of or is any way connected with the performance o f this agreement (collectively “Liabilities”) except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

3. INSURANCE AND BOND: Contractor shall at all times during the terms of the

Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C, "Certificate of Insurance, Service Contracts," and will comply with all those requirements as stated herein.

4. WORKERS’ COMPENSATION: Contractor shall provide Workers'

Compensation insurance at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover any costs, settlements, or expenses of Workers' Compensation claims arising out of this agreement.


Page 2 of 5

5. CONFORMITY WITH LAW AND SAFETY:

A. Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services or any part hereof, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All services performed by Contractor must be in accordance with these laws, ordinances, codes and regulations. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any noncompliance or violations of such laws, ordinances, codes and regulations.

B. Accidents: If a death, serious personal injury or substantial property

damage occurs in connection with the performance of this agreement, Contractor shall immediately notify the Alameda County (or the County Risk Manager's Office) by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's subcontractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of accident and whether any of County's equipment, tools, material, or staff were involved.

6. PAYMENT: Payment to Contractor will be made only upon presentation of proper

claim by Contractor subject to the approval of the County Department or agency for which the services have been performed.

7. Contractor shall not be allowed or paid travel expenses unless set forth in this

agreement. 8. Contractor agrees that County may at its sole option withhold ten percent (10%) of

the funds awarded under this agreement until such time as all goods and services are received in a manner and form acceptable to County.

9. As an independent Contractor, any and all Federal, State, and Local taxes shall be

the sole responsibility of the Contractor. 10. ROYALTIES AND INVENTIONS: County shall have a royalty-free, exclusive,

and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, drawings and other works of similar natures produced in the course of or under this Agreement; and


Page 3 of 5

Contractor shall not publish any such material without prior written consent of County.

11. CONFIDENTIALITY OF INFORMATION: Confidential information is defined

as all information disclosed to Contractor which relates to the County's past, present, and future activities, as well as activities under this agreement. Contractor will hold all such information in trust and confidence. Upon cancellation or expiration of this Agreement, Contractor will return to County all written or descriptive matter which contain any such confidential information.

12. CONFLICT OF INTEREST: No officer, member, or employee of County and no

member of their governing bodies shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. No Contractor nor any member of Contractor's family shall serve on a County board, committee, or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor.

13. USE OF COUNTY PROPERTY: Contractor shall not use County premises

property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.

14. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:

Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in,

be denied the benefits of, or be otherwise subjected to discrimination under this contract.

A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this contract, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

B. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

C. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its


Page 4 of 5

employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. Contractor shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

F. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

15. ASSIGNMENT OF CONTRACT: Nothing contained in this Agreement shall be

construed to permit assignment or transfer by Contractor of any rights under this Agreement and such assignment or transfer is expressly prohibited and void unless otherwise approved in writing by the County.

DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code section 812, including marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this agreement.ContractorCountyCounty 16. FEDERAL AND STATE AUDITS: Until the expiration of five years after the

furnishing of any services pursuant to this Agreement, Contractor shall make available, upon written request, to the Federal/State government or any of their duly authorized representatives, this Agreement, and such books, documents, and records of Contractor that are necessary to certify the nature and extent of the reasonable cost of services to County. If Contractor enters into any Agreement with any related organization to provide services pursuant to this Agreement with a value or cost of $10,000 or more over a twelve-month period, such Agreement shall contain a clause to the effect that until the expiration of five years after the furnishing of services pursuant to such subcontract, the related organization shall make available, upon written request, to the Federal/State government or any of their duly authorized representatives, the subcontract, and books, documents and records of such organization that are necessary to verify the nature and extent of such costs. This paragraph shall be of no force and effect when and if it is not required by law. County shall have access to Contractor's financial records for purposes of audit. Such records shall be complete and available for audit 90 days


Page 5 of 5

after final payment hereunder and shall be retained and available for audit purposes for five years after final payment hereunder.

17. EMPLOYMENT ELIGIBILITY: Persons providing services under this contract

will be required to provide the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the contract as required by the Immigration Reform and Control Act of 1986.

18. Time is of the essence in each and all the provisions of this agreement. 19. TERMINATION: Either party may terminate this Agreement with or without

cause by providing TEN (10) days' notice, in writing, to the other party. Upon the expiration of said notice, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom. The County may terminate at any time without notice upon a material breach of the terms of this Agreement and/or in the event that the County determines that the Contractor's performance is substandard or unsatisfactory.

21. TERMINATION OF AGREEMENT FOR CAUSE: If at any time County

believes Consultant may not be adequately performing its obligations under this Agreement, that Consultant may fail to complete the Services as required by this Agreement, or has provided written notice of observed deficiencies in Consultant’s performance, County may request from Consultant prompt written assurances of performance and a written plan to correct the observed deficiencies in Consultant’s performance. Consultant shall provide such written assurances and written plan within ten calendar days of receipt of written request. Consultant acknowledges and agrees that any failure to provide written assurances and a written plan to correct observed deficiencies, in the required time, is a material breach under this Agreement.

22. No alteration or variation of the terms of this agreement shall be valid unless made in

writing and signed by the parties hereto.


EXHIBIT A

EXHIBIT A – DEFINITION OF SERVICE Services to be provided.


EXHIBIT B

EXHIBIT B: CONTRACT PAYMENT TERMS Contracted Service: 1. County will pay Contractor $____________________, upon submission of a completed

statement every month services are performed pursuant to this Agreement. Invoices will be

approved by the ________________________ and certified by the

__________________________________. Payment under the terms of this Agreement

shall not exceed the total amount of $_______________________ for the period of the

contract.

2. The term of this Agreement is ____________________ through ___________________.

Contractor shall not exceed ______________ hours of service during this period.

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS OF INDEPENDENT CONTRACTORS

INSTRUCTIONS: This questionnaire is to be completed for every personal services contract and must be included as part of the contract package submitted to either the Board of Supervisors or the Purchasing Agent. Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories. CONTRACTOR NAME: DEPT #:

TITLE/SERVICE:

DEPT. CONTACT: PHONE:

YES NO I. 1. Is the independent contractor a corporation or partnership? ( ) ( )

2. Does the contractor have the right per the contract to hire others to do the work agreed to in the contract? ( ) ( )

If the answer to BOTH questions is YES, provide the employer ID number here: . No other questions need to be answered. Withholding is not required.

If the answer to question I.1 is NO and I.2 is YES, provide the individual social security number here: .

No other questions need to be answered. Withholding is not required.

If the answer to question I.2 is NO, continue to Section II.

YES NO II. 1. Does the County have the right to control the way in which the work will be done, i.e. will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so? ( ) ( )

2. Will the County provide or pay for “how-to” training for the contractor? ( ) ( )

3. Will the contractor be responsible for making decisions to hire or fire County employees? ( ) ( )

4. Will the County supply assistants to the contractor? (includes clerical, technical or professional help) ( ) ( )

5. Is the contractor doing work that would otherwise be done by a County employee, i.e. are there County positions with the same or similar duties? ( ) ( )

6. Is the contractor restricted from performing similar services for other businesses while he is working for the County? ( ) ( )

QUESTIONNAIRE - Page 2

SECTION II - CONTINUED

YES NO 7. Will the contractor be working more than 50% of the time for the County (50% = 20 hrs/wk; 80 hrs/mo)? ( ) ( )

8. Is the relationship between the County and the contractor intended to be ongoing? ( ) ( )

III. For CONSULTANTS, PROJECT MANAGERS, PROJECT COORDINATORS

1. Is the contractor being hired for a period of time rather than for a specific project? ( ) ( )

2. Will payment be based on a wage or salary (as opposed to a commission or lump sum)? ( ) ( )

IV. For PHYSICIANS, PSYCHIATRISTS, DENTISTS, PSYCHOLOGISTS

1. Will the agreement be with an individual who does not have an outside practice? ( ) ( )

1.a Will the contractor work more than an average of ten hours per week? YES ( ) NO ( )

IF THE ANSWER TO 1.a IS YES, ANSWER QUESTION 1.b.

1.b Will the County provide more than 20% of the contractor’s income? YES ( ) NO ( ) (If NO, provide proof of income.)

2. If the answer to either question 1.a or, if required, question 1.b is NO, the entire answer is NO. ( ) ( ) A “yes” answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an “employee for withholding purposes.”

CERTIFICATIONS:

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract. Contractor Agency/Department Head or Designee Date Date PERSONNEL DEPARTMENT APPROVAL (REQUIRED FOR CONTRACTORS SUBJECT TO WITHHOLD):

Signature: Date: Title:

EXHIBIT I



PROPOSAL EVALUATION FORM

Bidder Name:

Service Type □ Dedicated Technicians □ Block of Hours Technicians □ Equip. Maintenance □ Network Monitoring □ Equip. Supply Level 1 □ Equip. Supply Level 2 □ Installation Level 1 □ Installation Level 2 □ CMS Professional Services/Application Development

Evaluated By:

A. Completeness of Response Pass/Fail

B. Financial Stability Pass/Fail

Weight X Rating = Points

C. Functionality of the Proposal or Understanding the Scope

D. Ease of Use of Procedures for County Work Ordering

E. Support and Maintenance

F. Qualifications

G. Price

H. Oral Presentation and Interview (Optional)

Sub-Total

5% Local Preference

Evaluation Total

* 5 = Excellent 2 = Fair 4 = Above Average 1 = Poor 3 = Average

General Services Agency - acgov.org · General Services Agency Aki K. Nakao, Director ADDENDUM No....

Documents

Transcript of General Services Agency - acgov.org · General Services Agency Aki K. Nakao, Director ADDENDUM No....