Telecommunication Services 2011 RFP FINAL - drpa.org Services 2011 RFP... · D.R.P.A. – Request...

RFP DELAWARE RIVER PORT AUTHORITY

Of Pennsylvania & New Jersey

REQUEST FOR PROPOSAL

FOR THE

Telecommunication Services

RFP ISSUE DATE: April 21, 2011

PROPOSAL SUBMITTAL DATE: May 20, 2011

D.R.P.A. – Request for Proposal of 29

Delaware River Port Authority Telecommunication Services

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TABLE OF CONTENTS

1.0 INTRODUCTION.................................................................................................. 4 1.1 PROJECT DESCRIPTION ................................................................................... 4 1.2 PROPOSAL SCHEDULE ..................................................................................... 4 1.3 GENERAL SCOPE OF WORK............................................................................. 5 Schedule G: Location Details ......................................................................................11 1.4 RFP AS EXCLUSIVE BASIS FOR PROPOSAL................................................. 12 1.5 SPECIAL REQUIREMENTS............................................................................... 12 1.6 STANDARD CLAUSES ...................................................................................... 13 POLITICAL PAYMENTS AND CONTRIBUTIONS…………………………………18 POLITICAL CONTRIBUTION DISCLOSURE FORM……………………………...20 1.7 COMMITMENT................................................................................................... 23 1.8 QUESTIONS ...................................................................................................... 23 1.9 PROPOSAL SUBMISSION REQUIREMENTS................................................... 24 2.0 CONTRACT AWARD ......................................................................................... 25 2.1 NON DISCRIMINATION CLAUSE…………………………………………………..26 2.2 REFERENCES................................................................................................... 27 2.3 EVALUATION CRITERIA ................................................................................... 28 Attachment A: CURRENT NETWORK………………………………………………………29

PATCO – Request for Proposal of 29


1.0 INTRODUCTION

The Delaware River Port Authority (DRPA) is a bi-state authority of the State of New Jersey and the Commonwealth of Pennsylvania that owns, operates and maintains four long-span Delaware River toll bridge crossings, including the Betsy Ross, Benjamin Franklin, Walt Whitman and Commodore Barry Bridges. In addition, the DRPA owns the PATCO High-Speed Line, operated by the DRPA’s transit subsidiary, the Port Authority Transit Corporation (PATCO). In the early 1990s, DRPA’s enabling legislation (the Compact) was revised to expand its powers by including responsibility for promoting the economic development of the Delaware River Port District. Subsequent to the Compact change, there were additions to DRPA’s portfolio of facilities including a headquarters building, a cruise terminal, and a passenger ferry.

1.1 PROJECT DESCRIPTION

It is the intention of the Delaware River Port Authority (DRPA) to engage a single enterprise data and telecommunication network vendor (Vendor) to provide enterprise high speed wide area network, voice services, internet, and as an option managed network services. The term of the contract is five (5) years. DRPA reserves the right to adjust the timeframe on all or portions of the services during the term of the contract and will provide 30 days notice of its intent.

There are seven major locations that need to be connected via an enterprise network. Those locations include the Ben Franklin Bridge, Betsy Ross Bridge, Commodore Barry Bridge, Walt Whitman Bridge; Lindenwold Shop Facility, Center Tower (for PATCO) and One Port Center (Authority Headquarters). Please see Schedule G for exact address and phone numbers of each location. Currently, locations are connected via Synchronous Optical Network (SONET). Current bandwidth is OC-12 and it supports the PRI’s, internet and shared GIG-E connections on the ring between all sites. Bandwidth must be able to effectively transfer video, EZPass violation images, or any other extensive multimedia information.

The present DRPA telephony system was implemented five years ago utilizing voice-over-ip (VoIP) with unified messaging.

This request for proposal encompasses the services required to provide for wide area network connectivity for all facilities, managed network services, and primary rate interchange (PRI) services, including all intralata, toll and ISDN voice services.

1.2 PROPOSAL SCHEDULE

Proposals, 6 paper copies and 1 electronic on CD or DVD, are due at DRPA by Friday, May 20, 2011 at 1500 EST to the following address:

Delaware River Port Authority



One Port Center 2 Riverside Drive P.O. Box 1949 Camden, New Jersey 08101

Attention: Howard Korsen, Manager, Contract Administration 7th Floor

DRPA telephone number to be used for express delivery services is (856) 968-2083.

Fascimile or e-mail submittals will not be considered. Proposals received after that date and time shall not be considered. It is the respondent’s sole responsibility to ensure that adequate lead-time is provided for mailing or utilizing delivery services.

In the event that the DRPA decides to suspend or terminate this RFP, or any subsequent negotiations with a respondent(s), it is specifically understood that the Delaware River Port Authority will not be responsible for any costs or expenses incurred by you in connection with the proposal preparations/negotiations.

1.3 GENERAL SCOPE OF WORK

A.1 Wide Area Network Services: The DRPA is looking for a vendor to provide wide area network internet protocol (ip) services at each of its main locations. The proposal must include SONET services or Ethernet services or an approved equal which would interface into the DRPA’s customer premises equipment (CPE). The existing infrastructure must be retained. There are seven major locations that need to be connected via an enterprise network. Those locations include:

1. Ben Franklin Bridge, 2. Betsy Ross Bridge, 3. Commodore Barry Bridge, 4. Walt Whitman Bridge; 5. Lindenwold Shop Facility (PATCO), and 6. One Port Center (DRPA Headquarters).

Please see Schedule G for exact address and phone number of each location.

Presently, all locations are connected via two (2) redundant Synchronous Optical Network (SONET) networks. The rings are comprised of two (2) separate and independent paths at each facility which provide the redundancy. Current bandwidth is OC-12. Bandwidth must be able to effectively transfer office productivity files, video, other multimedia information.

Basic Requirements



• A private network custom-built solely for DRPA and tailored at each component

level for the network requirements of DRPA. All network elements deployed in the DRPA WAN, should be dedicated to DRPA, i.e. No shared transport services

• Shared telco/LEC or Co-location facilties is acceptable • fiber infrastructure into each of DRPA’s sites, utilizing some leased fiber from

other non-LEC fiber providers to replace long-distance construction is acceptable • Flexibility to grow or expand bandwidth between sites beyond Day 1- OCx

requirements.

This request for proposal encompasses wide area network communications to accommodate DRPA’s expanding need for enterprise communications required to support mission critical applications. The WAN Network must be able to support transport of the following:

• Office Systems Transactions (All Fast Ethernet today) • Server Based Applications (FE today) • Multimedia (analog video over Ethernet today; Future potential for native,

high- resolution IP Video)

Redundancy

The enterprise communications solutions should take the following into account: 1) Full redundant connectivity for all services terminating on the WAN. The backup

communications network will provide the same level of service as the primary enterprise network solution.

2) The WAN should be designed to support future Storage Area network (SAN) requirements. The expectation is for Fibre Channel connectivity to a secondary Data Center location. Secondary Data Center sites could be Lindenwold OR a 3rd party disaster recovery vendor location.

Scalability A significant component to the enterprise communications network will be scalability. Any design proposed must take into consideration maximum scalability without necessitating replacement of existing infrastructure. While the current infrastructure is SONET, proposals should also include other connectivity options such as Wave Division Multiplexing (WDM) to enable seamless support for multiple Gigabit services.

In addition, please describe the upper boundary, in terms of overall bandwidth, available using the proposed solution. Given the scalability requirements described here-in, it is expected that the proposed solution will be able to achieve a maximum level of bandwidth throughput without requiring replacement of the proposed system. The service description will include:



1. All termination equipment required as well as installation and maintenance requirements

2. All billing requirements (per min, distance sensitive, time of day, recurring, non-recurring costs, etc.)

3. Geographic availability 4. Service interoperability with other WAN services 5. Standards compliance 6. Network uptime and availability

For all services proposed respondents must describe network security (measures that they take to ensure the confidentiality of the authorized user’s traffic), as well as all applicable network management capabilities available.

A.2 Voice Services:

The DRPA is looking for same vendor to provide telephone voice services. Currently, the DRPA is utilizing Primary Rate Interchange (PRI) services for all local, regional and intra-lata voice telephone services. The proposal must include PRI services or an approved equivalent that will interface into the DRPA’s voice CPE. The number of subscribed PRI circuits depends upon the location. There are currently 12 total circuits. The breakdown of circuits is as follows: Betsy Ross Bridge, Walt Whitman Bridge, Commodore Barry Bridge – 1 circuit each Ben Franklin Bridge, PATCO – 2 circuits each One Port Center – 5 circuits Considerations:

• Telephone numbers must remain the same • The DRPA currently owns more than 1,000 direct inward dial (DID) numbers.

That number must be maintained. • Vendor must provide billing detail information in electronic form such as a web-

based billing system or CD-ROM or application software in addition to traditional paper billing.

• Vendors must discuss their toll fraud detection capabilities for international, toll-free, and outbound services.

• Outward bound calls must follow least cost routing • Services must interface into DRPA’s Cisco VoIP system

Specifications

1. The vendor shall furnish detailed billing information to include detailed call record information on all calls placed from the various DRPA locations. This will include detailed call records on calls received by the DRPA through its toll free number as well. The call record shall be provided in hard copy monthly.

2. The vendor shall indicate its ability to provide customer support on a 24 hour, 7 days a week basis. In addition, customer service that provides billing



and ordering of new service shall be available from at least 8 AM to 4:30 PM (eastern time), Monday through Friday, exclusive of holidays. All of these services shall be accessible through a local or toll free number.

3. A dedicated comprehensive sales representative and team shall be assigned to the DRPA. The team shall include customer service, technical support and billing services.

4. Any termination charges assessed by our current provider will be paid by the successful bidder.

5. The vendor shall be responsible for implementing the conversion of services from the DRPA’s current provider to the vendor’s services. The vendor shall have all services specified herein available for the DRPA’s use no later than ninety (90) days after contract execution.

6. The vendor must provide evidence that they are the owner of the facilities that will be used in the provisioning of the above services. The vendor cannot resell the facilities of another Inter-exchange Carrier.

7. The vendor shall discuss the measures they have taken to prevent service outages within their network.

A.3 Internet Services:

The DRPA is looking for same vendor to provide internet access services from DRPA network to a Tier 1 or Tier 2 provider directly or interfaced directly to a Tier 1 or Tier 2 provider. Currently, the DRPA is utilizing bandwidth of 10MB via an Ethernet handoff into a Cisco 2821 router. The DRPA will be upgrading this connection to 20 MB within the next month or so. The DRPA is interested in pricing for similar services as well as pricing for higher bandwidth services. One Port Center (OPC) is the terminating site for the internet connections. The service description will include:

1. All termination equipment required as well as installation and maintenance requirements

2. All billing requirements (per min, distance sensitive, time of day, recurring, non-recurring costs, etc.)

3. Geographic availability 4. Security services to ensure integrity of internet access connections 5. Design, engineering and implementation consultation services available to

establish and maintain the internet connections. 6. IP address services 7. Children’s Internet Protection Act (CIPA) compliance 8. QOS services 9. Access types, listing of connectivity and bandwidth options 10. Standards compliance 11. Network uptime 12. SLAs



A.4 Network Monitoring Services:

The DRPA is looking for same vendor to provide managed network services. At the present time there are approximately 90 devices which would require the managed services. All proposals shoud base pricing on the 90 devices with allowances for increases and decreases in the equipment totals over the life of the contract. All monitored equipment is Cisco, comprised of switches of the series 650x, 450x, 3550, 3560X, 3750G, 3560G, and routers of the series 3745, 2951, 2911, 17xx, and 18xx. Basically, the DRPA network will be co-managed by the selected vendor and the DRPA IT staff. At a high level the co-management responsibilities will be: DRPA Manages:

• Strategic Direction • Fault Isolation • Fault Restoration: • Logical • Fault Restoration: Physical • Change Management: Logical • Change Management: Physical • Configuration Back-Up • Security Policy and Patching

Selected Vendor Manages:

• Monitoring • Fault Notification • Maintenance: Break/Fix • Asset Reporting • Performance Reporting

These services should include but are not limited to the following;

• Poll devices under management every three minutes to verify that they are functioning properly

• Respond to alarms generated by failed polls indicating a fault condition • Isolate the fault condition to either our on-premise equipment or a network

portion of our solution • Open a trouble ticket on our behalf • Proactively notify us that a fault condition exists. The service must be backed by

a 15-minute Proactive Outage Notification SLA (service-level agreement) • Monitor the network proactively, isolate the fault (access, network transport, or

CPE) and restore and repair if the issue is access and/or network on Verizon or other 3rd party circuits



• Alert the DRPA if the issues are CPE and recommend when action needs to be taken. The DRPA will retain control to resolve logical faults with DRPA on-premise equipment.

Vendor is also required to provide evidence of the following: • Experience with managing other customers • Provide references of those customers • Full description of network operations center including redundancy • Description of staff experience in the network operations center showing

relevancy to DRPA’s CPE • Full description of Service Level Agreement (SLA)

A.5 Pricing: All submitted proposals must contain applicable pricing for all requested services. The Pricing sheet must show pricing on each specific requested service. The DRPA retains the right to contract for all or part of those services. Proposals may also include additional services for consideration.



Schedule G: Location Details

1. Ben Franklin Bridge Administration Building Ben Franklin Bridge Toll Plaza (Near 6th and Linden Streets) Camden, New Jersey 08101

2. Betsy Ross Bridge 1 Betsy Ross Bridge Plaza Pennsauken, New Jersey 08110

3. Commodore Barry Bridge Commodore Barry Bridge Plaza Bridgeport, New Jersey 08014

4. Walt Whitman Bridge Walt Whitman Bridge Plaza Philadelphia, Pennsylvania

5. DRPA Headquarters One Port Center 2 Riverside Drive Camden, New Jersey 08103

6. PATCO Carlton Street Lindenwold, New Jersey 08021

7. RiverLink Ferry 10 South Delaware River Camden, New Jersey 08102

8. Philadelphia Cruise Terminal at Pier I 5100 South Broad Street Philadelphia, Pennsylvania 19112



1.4 RFP AS EXCLUSIVE BASIS FOR PROPOSAL

This RFP provides to all respondents, the scope of services to be performed. Any information or understandings verbal or written, which are not contained either in the RFP or in subsequent written addenda to the RFP, will not be considered in evaluating proposals.

As part of the process leading to the selection of the respondent, the DRPA may request additions or clarifications to the proposal.

1.5 SPECIAL REQUIREMENTS

It is the intention of the DRPA to evaluate your proposal in conjunction with those received from other firms. This will lead to a selection and an Agreement to be executed with the prospective Vendor for this work.

RFP Proposals should include a phased cut-over plan and associated testing. All functionality and connectivity should be tested and verified prior to or during cut-over. In cases where sub-components of the infrastructure are tested prior to integration into a larger component, a complete full-system test will be conducted after all locations are on-line. Detailed test plans and results are to be part of the deliverable to the DRPA. Fail-over testing of the back-up systems should also be planned for and completed after cut-over is completed in all locations. Vendor should recommend a schedule for periodic testing of back-up infrastructure and fail-over equipment.

Technical and cost proposals must be in separate, sealed envelopes marked, “Technical Proposal” and “Price Proposal”, for the Design and Implementation of Data and Telephony Networks for all Campuses and the Enterprise.

In evaluating Proposals submitted in response to this RFP, all technical proposals will be reviewed and ranked for their technical merit. If necessary, the higher-ranked Vendors will be requested to participate in an interview process.

In evaluating Proposals, the following factors will be considered, in order of importance: a) Maintaining adequate voice and data flow during construction (minimum

disruption of ongoing operations) b) Technical longevity of the solution c) Performance and survivability d) Cost/benefit evaluation over a period of seven (7) years e) Ease of maintenance f) Ability to scale up if required g) Reliability and ease of fail over to back-up infrastructure h) Public/Vendor safety



i) Minimized implementation duration j) Minimized impact to environmental and surrounding communities

The Evaluation Criteria percentages can be found on Page 29 of the document.

Following evaluation of the technical proposals and oral interviews (if required), a final evaluation will be established. At this time the selected Vendor's price proposal will be opened and evaluated. The evaluation will be performed by comparing the Vendor's price proposal with the Authority's estimate and, if deemed necessary, with additional Vendors' price proposals, to determine a fair and reasonable price for the work.

Negotiations will be conducted with the selected Vendor. If a negotiated agreement cannot be reached with the selected Vendor within a reasonable time, negotiations will be terminated and the same procedure will be set in motion with the additional Vendors’, and so on.

In making its selection, the DRPA is not required to accept the lowest price and may, in its sole discretion, reject proposals which are not responsive to the requirements stated herein, or may elect to waive some or all irregularities in any proposal or proposals. The waiver or non-waiver of any specific irregularity will not imply or compel similar treatment of any other irregularity.

There will be a mandatory pre-proposal meeting on Tuesday May 3, 2011 at 10:00am in the One Port Center Board Room. Immediately following the meeting there will be a mandatory site visit to each location.

1.6 STANDARD CLAUSES I. INSURANCE Firm will be required to provide insurance of the prescribed types and minimum amounts as set forth below. All insurance policies required shall be maintained in full force until all services under this Contract are completed as evidenced by the formal acceptance thereof, in writing, by DRPA. Each policy shall contain the provision that there will be thirty (30) days prior written notice given to the DRPA in the event of cancellation, non renewal of or material change in the policy. Firm shall furnish to the DRPA within ten (10) calendar days after the execution of the Agreement, insurance certificates, in triplicate, evidencing that it has provided the required coverages. Firm may be required at a later date and upon specific request by the DRPA, to furnish certified copies of any or all insurance policies related to protection for the work under the Agreement. The DRPA shall not be liable for the payment of any premiums under the foregoing.



1. The insurance companies indicated in the certificates shall be authorized to do

business in the Commonwealth of Pennsylvania and The State of New Jersey and shall have a financial rating of A.M. Best Rating: A- (Excellent) or Higher and A.M. Best Financial Size Category Class VII or Higher

Neither approval by the DRPA nor failure to disapprove insurance certificates furnished by Firm, shall release Firm of full responsibility for all liability as set forth in the indemnification clause stated in Section II, entitled, "Save and Hold Harmless". The minimum requirements of insurance to be carried by the Firm shall be as follows: (a) Workers' Compensation and Employer’s Liability Insurance Coverage A, Workers' Compensation - Statutory benefits as required by the Workers' Compensation Laws of the Commonwealth of Pennsylvania and the State of New Jersey, and reference to such compliance made on all certificates of insurance. Coverage B, Employer's Liability Limits not less than:

Bodily Injury by Accident: $1,000,000 Each Accident Bodily Injury by Disease: $1,000,000 Each Employee Bodily Injury by Disease: $1,000,000 Policy Limit

(b) Commercial General Liability Insurance

Bodily Injury, Property Damage and Personal Injury (including Premises - Operations, Independent Contractors, Products/Completed Operations, Personal Injury, Broad Form Property Damage, and Explosion, Collapse and Underground Coverages) Mobile Equipment.

a) Occurrence Form with the following limits: (1) General Aggregate: $2,000,000 (2) Products/Completed Operations Aggregate: $1,000,000 (3) Each Occurrence: $1,000,000 (4) Personal and Advertising Injury: $1,000,000

The General Aggregate Limit must apply on a Per Project basis (c) Commercial Automobile Insurance

Coverage to include: All Owned, Hired and Non-Owned Vehicles (Any Auto)



Per Accident Combined Single Limit $1,000,000

(d) Commercial Umbrella Liability: b) Occurrence Limit: $5,000,000 c) Aggregate Limit (where applicable):$5,000,000 d) Policy to apply excess of the Commercial General Liability

(following form Per Project Aggregate Limit), Commercial Automobile Liability and Employers Liability Coverages.

e) Professional Liability Insurance

Contractor shall maintain insurance covering losses caused by Professional Work that arises from the operations described under the scope of services of this Contract.

Per Claim Limit: $1,000,000 Aggregate Limit: $2,000,000 If coverage is written on a Claims-made basis, the contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract (including any Design Work for this Contract); and that continuous coverage will be maintained or an Extended Discovery Period will be purchased for a period of two (2) years beginning when the work under the contract is completed.

(f) Crime Coverage: The contractor shall maintain insurance covering loss or destruction of DRPA/PATCO money and securities caused by Employee Theft and Computer Fraud/Funds Transfer Fraud.

Per Loss: $1,000,000 Whether coverage is written on a Loss Sustained Basis or Discovery Basis, the contractor warrants that continuous coverage will be maintained for a period of three (3) years beginning when the services under the contract are completed.

Joint Loss Payable Endorsement should be added to the policy, naming DRPA/PATCO as Loss Payee (ISO Form CR2502 or equivalent. (g) Loss or Breach of Data Liability Coverage: The contractor shall maintain

insurance covering third party (including DRPA/PATCO employees) privacy liability claims resulting from theft, loss, or unauthorized display/use of confidential information, such as confidential third party corporate and/or personally identifiable information in your care, custody or control (electronically, on paper, or on a laptop). Such insurance must include coverage for a contractor employee causing the loss or breach. Coverage shall also be provided for liability arising from any confidential information that will be transferred or any transactions that will occur over



the Internet (including breach of confidentiality or credit injury to any DRPA/PATCO customer or vendor arising out of these Internet activities)

Aggregate Limit: $1,000,000 If coverage is written on a Claims-made basis, the contractor warrants that any retroactive date applicable to coverage under the policy precedes the will be purchased for a period of three (3) years beginning when the services under the contract are completed. The DRPA/PATCO should be named as an Additional Insured

(h) Property Insurance: Contractor is responsible for any damage to their

work, materials, equipment, tools, etc. It is the responsibility of the contractor to determine if any Property or Builder’s Risk coverage is necessary. In the event that contractor determines that said coverage is necessary, contractor may obtain such insurance at contractor’s sole expense.

(i) Self Insured Retentions: None of the policies of insurance required of the contractor by this agreement shall contain self insured retentions in excess of $10,000, unless agreed to in writing by the DRPA.

(j) All policies shall include coverage for both Certified and Non-Certified Acts of Terrorism.

(k) DRPA, PATCO (including their agents, employees, representatives, officers, directors, stockholders, members and managers) shall be added as ADDITIONAL INSUREDS on all liability policies, except for the Workers’ Compensation and Professional Liability policies. The coverage offered to the ADDITIONAL INSUREDS on contractor’s liability policies shall be primary coverage to any other coverage maintained by the ADDITIONAL INSUREDS and shall not permit or require such other coverage to contribute to the payment of any loss.

(l) It is agreed the contractor’s and Sub-contractor’s insurance will be not be canceled, materially changed or non-renewed without at least thirty (30) days advance written notice to DRPA. (m) Any type of insurance or any increase in limits of liability not described above which the contractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense. (n) Waiver of Recovery/Subrogation: The contractor waives all rights of recovery and shall cause its Insurers to waive their rights of subrogation against DRPA, and any of their agents and employees for loss or damage



covered by any of the insurance maintained by the contractor pursuant to this Agreement. (o) The amount of insurance provided in the aforementioned insurance coverages, shall not be construed to be a limitation of the liability on the part of the contractor or any of their Sub-contractors. The carrying of insurance described shall in no way be interpreted as relieving the contractor of any responsibility or liability under the contract. p) Sub-Contractor's/Sub-Consultant's Insurance

If any part of the work under this Contract is to be performed by a sub-contractor or sub-consultant, Firm shall be responsible for each sub-contractor or sub-consultant maintaining insurance as specified paragraphs above (a) to (o). In addition, if a sub-contractor or sub-consultant is required to render any professional services, Firm shall be responsible for each sub-contractor or sub-consultant maintaining insurance as specified in Paragraph (e).

II. SAVE AND HOLD HARMLESS FIRM agrees to defend, indemnify, protect and hold harmless the DRPA and PATCO, their officers, directors, commissioners, members, agents, servants and employees from and against any and all suits, claims, demands or damages, of whatsoever kind or nature arising from, out of, or in connection with the performance of this Agreement, including, but not limited to, expenditures for and costs of investigations, hiring of expert witnesses, court costs, counsel fees, settlements, judgments or otherwise. III. TERMINATION It is understood and agreed that DRPA hereby reserves unto itself the right to terminate this Agreement at any time, for any reason whatsoever, upon giving not less than thirty (30) prior written notice to FIRM. In the event of DRPA's exercising such right of termination, DRPA shall be without further liability whatsoever to FIRM under this Agreement, except that DRPA will pay to FIRM the full amount earned by FIRM to the date of said termination. FIRM agrees that it shall not be entitled to any damages whatsoever in the event of such termination other than the aforesaid payments. IV. WORK PRODUCTS All materials, calculations, computations, specifications and drawings developed and prepared by FIRM, in the performance of its services herein, shall become the property of the DRPA, and shall be turned over to the DRPA at or prior to final payment or other termination of this Agreement, or upon written request thereof by the DRPA.



V. SUB-CONTRACTING OR SUB-LETTING Prior approval of DRPA is required for subcontracting any services covered by this Agreement. Requests for authorization to subcontract, must be submitted in writing to the DRPA's Chief Executive Officer accompanied by a description of the specific work to be subcontracted, the total value of such sublet work, and proof that the organization which will perform the subcontracted work is particularly equipped and capable to perform such work. The right to qualify, accept or reject any subcontractor is reserved expressly to the DRPA. VI. FIRM - INDEPENDENT CONTRACTOR FIRM is an independent contractor and under no circumstances shall it, its servants, agents or employees be or become employees of DRPA in the performance of this Agreement. FIRM shall have no authority to approve, disapprove, accept or consummate any transaction as an agent of DRPA. VII. EQUAL EMPLOYMENT OPPORTUNITY FIRM warrants and represents that in carrying out its obligations under this Agreement, it will not discriminate against employees or applicants for employment because of race, color, religion, national origin, sex, age, or non-job-related disability, and will undertake or continue to comply with all existing or future state and federal laws, rules and regulations respecting programs of Affirmative Action to ensure that MBE’s and WBE’s are afforded equal employment opportunities without discrimination. For purposes of this Agreement, affirmative action shall mean those activities undertaken during the course of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation, to ensure that MBE’s and WBE’s are afforded equal employment and contracting opportunities. VIII. JURISDICTION AND CHOICE OF LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of New Jersey and any and all claims arising directly or indirectly from or out of this Agreement shall be brought in state or federal court in the State of New Jersey, USA. POLITICAL PAYMENTS AND/OR CONTRIBUTIONS Contractors seeking to be awarded contracts from the Authority shall warrant to

the DRPA that neither the Contractor nor anyone authorized to act on the Contractor’s behalf has made any payment or contribution to any political candidate, political committee, public official or any other person or entity, for the purpose of influencing the award of the contract. The Contractor agrees that if



the Executive Committee of the DRPA decides, after such hearing as it deems necessary, that this warranty has been breached, the Contractor shall, within thirty (30) days of this decision, pay to the DRPA liquidated damages equal to twenty-five percent (25%) of the face amount of this Agreement or order, provided: The Executive Committee’s decision shall be final unless the Contractor seeks a review thereof in a commercial arbitration proceeding conducted by the American Arbitration Association, instituted by the Contractor within fifteen (15) days of receipt of the Executive Committee’s decision: The Contractor further agrees that it shall be ineligible to receive any award of any contract or purchase order from the DRPA for a period of one (1) year from the date of any final decision unfavorable to it.

DISCLOSURE REQUIREMENT Contractors seeking to be awarded contracts from the Authority must disclose contributions, on the form provided herein, or a permitted facsimile, to:

• any Pennsylvania or New Jersey state, county, or municipal committee of a political party;

• any Pennsylvania or New Jersey legislative leadership committee; • any continuing political committee (a.k.a., political action committee). • any candidate for or holder of an elected office in Pennsylvania or New

Jersey • any political organization organized under section 527 of the Internal

Revenue Code located in Pennsylvania or New Jersey

The disclosure must list reportable contributions that were made during the four (4) years prior to the proposed date of award of the contract.

Disclosure is required of contributions made by the contracting entity or by:

• individuals with an “interest”, which is defined as ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit;

• all principals, partners, officers, or directors of the business entity or their spouses;

• any subsidiaries directly or indirectly controlled by the business entity; or

• IRS Code Section 527 organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the Contractor is a natural person, a contribution by that person’s spouse, parent or child residing in the same household shall be deemed to be a contribution by the Contractor and requires disclosure.



POLITICAL CONTRIBUTION DISCLOSURE FORM

This form or its permitted facsimile must be submitted to the Authority simultaneously with the delivery of a bid for, or prior to the extension or renewal of, any contract

with the Authority.

Part I – Vendor Information Vendor Name: Address: City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the disclosure requirements of the Authority.

_______________________ __________________________ _________________________ Signature Printed Name Title

Part II – Contribution Disclosure Disclosure requirement: Disclosure must include all reportable political contributions over the past four (4) years on the form provided.

Contributor Name Recipient Name Date Dollar Amount

$



PROHIBITION ON CONTRACTING WITH VENDORS WHO MAKE CERTAIN POLITICAL CONTRIBUTIONS Contractors seeking to be awarded contracts from the Authority shall provide, as part of its bid, a written certification, on the form provided herein, or a permitted facsimile, that they have not made any political contribution that would bar the Award of the contract pursuant to the requirements of DRPA-10-113, a copy of which is posted at www.drpa.org/publish/library/DRPA-10-113.pdf. Any contractor who is awarded a contract shall have a continuing duty to report any contribution it makes during the term of the contract.

CERTIFICATION

PROHIBITION ON CONTRACTING WITH VENDORS WHO MAKE CERTAIN POLITICAL CONTRIBUTIONS

The Proposer hereby certifies that it has not made a contribution that would bar the award of the Contract pursuant to the Prohibition on “Contracting with Vendors who Make Certain Political Contributions” Policy and shall report any contribution it makes during the term of the Contract. Date ___________________________ Signature _______________________ Company Name__________________ Title____________________________ X. APPLICATION OF LAWS AND REGULATIONS By entering into this Agreement, the DRPA does not consent, either expressly or impliedly, to the jurisdiction or application of any laws, regulations, procedures or requirements of any governmental, quasi-governmental or other political entity which would otherwise not be applicable to the DRPA. XI. ASSIGNMENT This Agreement and the obligations created hereunder may not be assigned by FIRM without the express written consent of DRPA.



XII. NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when mailed by certified mail, return receipt requested, addressed to the intended recipient as follows: If to FIRM: NAME AND ADDRESS If to DRPA: Kevin A. La Marca, Director, Information Services

Delaware River Port Authority One Port Center Two Riverside Drive P.O. Box 1949 Camden, New Jersey 08101-1949 With copy to: Howard Korsen, Manager, Contract Administration Delaware River Port Authority One Port Center Two Riverside Drive P.O. Box 1949 Camden, New Jersey 08101-1949 Any party may from time to time change its address for the purpose of notices to that party by a similar notice specifying a new address, but no such change shall be deemed to have been given until it is actually received by the party sought to be charged with its contents. XIII. WAIVER A waiver by any party of a breach or default by the other party of any provision of this Agreement shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect. XIV. MODIFICATIONS IN WRITING It is expressly understood and agreed by and between the parties hereto that this Agreement sets forth all the promises, conditions and understanding between them relative to this Agreement and that there are no premises, agreements, conditions or understandings, either oral or written, between the parties other than are herein set forth. It is further understood and agreed that, no modification, alteration, or other



change to this Agreement shall be binding unless reduced to writing and signed by the duly authorized representatives of the parties hereto. XV. ENFORCEABILITY If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, such provision and this Agreement shall be deemed and construed to be modified or restricted to the extent that and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement as the case may require. XVI. RESTRICTIONS ON HIRING EMPLOYEES OF OTHER PARTY The parties hereby acknowledge and understand that each has invested significant time and resources in training their employees. DRPA and FIRM hereby agree that they will not make offers of employment (either part-time, full-time, or in a consulting capacity) to any employees of the other party during the term of this Agreement and for a period of six (6) consecutive months after its expiration or termination. If a party breaches this provision, that party must pay to the other party, within thirty (30) days, Twenty Five Percent (25%) of the annual salary of the employee who has been hired in contravention of this provision.

1.7 COMMITMENT

This RFP does not commit the DRPA to award an Agreement, to pay any costs incurred in the preparation or presentation of a proposal, or to procure or contract for services. The DRPA reserves, in its sole discretion, the right to reject any and all proposals and to waive informalities and irregularities in proposals received. The DRPA reserves, in its sole discretion, the right to cancel in part or in its entirety, this RFP. Award of an Agreement is subject to funding availability.

1.8 QUESTIONS

All questions relating to the RFP must be submitted in writing via e-mail. No questions submitted by facsimile, mail or telephone will be answered. If any questions submitted make necessary the issuance of an addendum, the addendum will be furnished to all parties receiving a copy of the RFP. Only responses and addenda, which have been issued by the DRPA, shall be valid. All responses to questions will be made available to all Firms via e-mail distribution list. All questions relating to the RFP must be addressed to Howard Korsen, at [email protected].

Questions must be received no later than Friday May 6, 2011 1500 EST. Any questions received after this date and time will not receive a response.



1.9 PROPOSAL SUBMISSION REQUIREMENTS

All RFP submissions and supporting/subsequent materials will become the property of the DRPA and will not be returned.

This section must contain prices for all components required for hot site support for the IS Data Center hot site and telecommunications facilities. This section of the response must include all items required to provide a complete and operational backup facility to the DRPA. Firm must provide prices for future expansions and upgrades to the existing requirements on a separate sheet. Additional requirements not covered under this RFP will have to be proposed separately when needed. The Firm is encouraged to provide technical and pricing information for any options or alternate services that will provide the DRPA the same or a better grade of services as described in this RFP. The Firm is also requested to provide rates for consulting services to be used at the discretion of the DRPA. These rates must provide distinction between junior and senior level consultant rates.

Five references will be supplied (form following) from Companies with whom the Firm has engaged in similar work within the past three years. Each Firm should assume that all references will be contacted. Therefore, advise your references that they may be receiving a call from DRPA as part of the reference check process.

2.0 CONTRACT AWARD

Detailed contract negotiations will be conducted with selected Firm. If a negotiated agreement cannot be reached with the selected Firm within a reasonable time, negotiations will be terminated. In making its selection, the DRPA is not required to accept the lowest price and may, in its sole discretion, reject proposals which are not responsive to the requirements stated herein, or may elect to waive some or all irregularities in any proposal or proposals. The waiver or non-waiver of any specific irregularity will not imply or compel similar treatment of any other irregularity.

There will be no debriefing reviews for unsuccessful Firms.

Upon successful completion of negotiations, DRPA staff will request Board approval to award the contract. Upon receipt of such approval the contract will be executed and a notice to proceed will be issued. In the absence of Board approval or in the event of a veto it is understood that DRPA has no power to proceed and RFP respondents will have no claim against DRPA if it fails to proceed in the absence of Board approval and expiration of all applicable veto periods.



2.1 NONDISCRIMINATION CLAUSE

1. The Consultant warrants and represents that in carrying out is obligations under this Contract, it will not discriminate against employees or applicants for employment because of race, color, religion, national origin, sex, age, or non-job-related disability, and will undertake or continue to comply with all existing or future state and federal laws, rules and regulations respecting programs of Affirmative Action to ensure that minority-owned businesses (MBEs) group members and woman-owned businesses (WBEs) are afforded equal employment opportunities without discrimination. For purposes of this Contract, affirmative action shall mean those activities undertaken during the course of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation, to ensure that MBE’s and WBE’s are afforded equal employment and contracting opportunities.

2. The Consultant shall make a substantial good faith effort to recruit MBE and WBE sub-consultants and suppliers having substantial minority and female representation among their employees.

3. All advertisements or requests for employment placed by the Consultant or on the Consultant's behalf, shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or non-job related disability.

4. The Consultant shall send each labor union or workers' representative

with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Consultant.

5. It shall be no defense to a finding of noncompliance with obligations of this

non-discrimination clause that the Consultant delegated some of its employment practices to any union, training program, or other source of recruitment which prevents him/her from meeting the contractual obligation not to discriminate. However, if the evidence indicates that the Consultant was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in determining whether the Consultant is in compliance with the nondiscrimination clause.

6. The Consultant shall comply with all state and federal laws prohibiting

discrimination in hiring or employment opportunities. In the event the Consultant fails to comply with the provisions of the nondiscrimination



clause of this contract or with any applicable laws, the Contract may, after hearing and adjudication by the DRPA, be terminated or suspended, in whole or in part, and the Consultant may be declared temporarily ineligible for further DRPA contracts. Such termination or suspension shall not entitle Consultant to any damages or additional compensation.

7. The Consultant shall, upon request, furnish all necessary employment

documents and records to, and permit access to its books, records, and accounts by the DRPA for purposes of ascertaining the Contractors compliance with the provisions of this nondiscrimination clause. If the Consultant does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the DRPA.

The Consultant shall include the preceding seven (7) paragraphs in every sub-consulting agreement or purchase order in such a manner that the provisions shall be binding upon each sub-consultant and supplier working on this Contract.

The Consultant also agrees to be bound by applicable federal, state and local affirmative action and civil rights laws.



2.2 REFERENCES

Please list five references with whom you have engaged in similar work on previous occasions. Each vendor should assume that all references will be contacted. Therefore, kindly advise your references that they may be receiving a call from the Delaware River Port Authority as part of the reference check process.

Client Name & Address Contact Person1

Contact Telephone

Number Contract

Value

Percent of Work

Responsible2

Project Completion

Date Problems Encountered3

NOTES: 1Contact person should be someone familiar with the work performed at each respective client. 2Enumerate any difficulties, issues and/or problems you encountered while performing work for each respective client. Use a separate sheet if necessary.



2.3 EVALUATION CRITERIA

TELECOMMUNICATION SERVICES

PROPOSAL EVALUATION FORM

Firm: Reviewer:

Recommended or Not Recommended (Please circle one)

Points Criteria Max. % Score Comments

Technical response to the RFP 40

Pricing 35

Experience (as it relates to customer base) 15

References 10

Total: 100%

DRPA Request for Proposal of 29


Attachment A: CURRENT NETWORK

Telecommunication Services 2011 RFP FINAL - drpa.org Services 2011 RFP... · D.R.P.A. – Request...

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