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1 ALABAMA A&M UNIVERSITY REQUEST FOR PROPOSAL #P0014 CABLE TV SERVICE RFP Issued: September 26, 2012 Pre-Proposal Conference October 08, 2012 Deadline for Submitting Questions October 15, 2012 Deadline for Submitting Proposals October 26, 2012 Notification of Three (3) Short-Listed Firms November 09, 2012 Interview/Selection November 22, 2012 Contact: Mrs. Elizabeth Sloan-Ragland Director of Telecommunication Center/WJAB e[email protected] or Michael Morns, Chief Engineer [email protected] P: (256) 372-8790 F: (256) 372-5904 By: Delores Hudson____ Purchasing Director

Alabama A&M University · 1 ALABAMA A&M UNIVERSITY REQUEST FOR PROPOSAL #P0014 CABLE TV SERVICE RFP Issued: September 26, 2012 Pre-Proposal Conference October 08, 2012

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Page 1: Alabama A&M University · 1 ALABAMA A&M UNIVERSITY REQUEST FOR PROPOSAL #P0014 CABLE TV SERVICE RFP Issued: September 26, 2012 Pre-Proposal Conference October 08, 2012

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ALABAMA A&M UNIVERSITY

REQUEST FOR PROPOSAL #P0014

CABLE TV SERVICE

RFP Issued: September 26, 2012

Pre-Proposal Conference October 08, 2012

Deadline for Submitting Questions October 15, 2012

Deadline for Submitting Proposals October 26, 2012

Notification of Three (3) Short-Listed Firms November 09, 2012

Interview/Selection November 22, 2012

Contact: Mrs. Elizabeth Sloan-Ragland

Director of Telecommunication Center/WJAB

[email protected]

or

Michael Morns, Chief Engineer

[email protected]

P: (256) 372-8790

F: (256) 372-5904

By: Delores Hudson____

Purchasing Director

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TABLE OF CONTENTS

Notice for Proposers ….................................................................................................................. 4

A. Mandatory Pre-Proposal Meeting …............................................................................. 4

B. Attendance …................................................................................................................. 4

C. Questions, Inquiries, or Requests For Clarification …................................................. 4

1.0 Introduction ….......................................................................................................................... 5

1.1 Purpose …..................................................................................................................... 5

1.2 Background ….............................................................................................................. 5

2.0 Schedule …............................................................................................................................... 6

3.0 Project Description and Scope …............................................................................................. 6

4.0 Vendor Requirements ….......................................................................................................... 7

5.0 Required System Specification …............................................................................................ 8

6.0 Evaluation Criteria and Contract Award …............................................................................ 9

6.1 Evaluation Criteria ………………………………………………………………. 9

6.2. Contract Award ……………………………………………………………...…. 10

7.0 Submittal Requirements …..................................................................................................... 11

Title Page ……………………………………………………………………...……….. 13

Proposal Submittal Form ………………………………………………………….…… 13

Transmittal Letter ……………………………………………………………….………13

Table of Contents …………………………………………………………….………... 13

Tab 1 Executive Summary ……………………………………………………. 13

Tab 2 Corporate Background and Experience ………………….……………...14

Tab 3 Project Organization …………………………………………………… 14

Tab 4 Technical Approach ……………………………………………………. 14

Tab 5 Cost Proposal ………………………………………………….……….. 14

Tab 6 Financial Report ………………………………………………...……… 14

Tab 7 Vendor’s Standard Form of Agreement ………………………….……. 14

Tab 8 Additional Services …………………………………………………….. 15

Tab 9 Exceptions ……………………………………………………………… 15

Tab 10 Required Forms and Documentations …………………………….…… 15

8.0 General Information on Submitting Proposals ….................................................................. 16

9.0 Contract Terms and Conditions ……..................................................................................... 18

Attachment A: Required Forms ………………………………………………………………... 23

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Attachment B:

University’s Mission, Values, and Expectations Statements …………………39

Attachment C:

Campus Map …………………………………………………………………. 40

.

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NOTICE FOR PROPOSERS

A. MANDATORY PRE-PROPOSAL MEETING

A mandatory pre-proposal campus visit and tour at the Telecommunication Center

Conference Room on October 8, 2012, from 10:30 a.m. until 12: noon. After the campus

tour, a question and answer session will be held in the Telecommunication Center

Conference Room 209. Please notify Mrs. Elizabeth Sloan-Ragland or Mr. Michael

Morns @ (256) 372-8790 no later than October 4, 2012 with the names of the individuals

who will be attending the on-site visit.

B. ATTENDANCE

1. This site visit is required to acquaint the vendors with University’s campus layout

and existing cable TV system. All vendors desiring to submit proposals in

response to this Request for Proposal (RFP) are required to attend this site visit.

Proposals will only be accepted from those proposers who are represented at the

meeting. Attendance will be evidence by the representative’s signature on the

attendance roster.

2. No one will be admitted fifteen (15) minutes after the specified time of the pre-

proposal meeting.

C. QUESTIONS, INQUIRES, OR REQUESTS FOR CLARIFICATION

1. Any explanation desired by any proposer regarding the meaning or interpretation

of this RFP, Scope of work and/or technical specifications and other solicitation

documents must be submitted to Mrs. Elizabeth Sloan-Ragland, in Microsoft

Word format via e-mail, no later than the date and time specified on page 1 of

this RFP.

2. Questions and answers will be e-mailed to all prospective proposers who attended

the mandatory pre-proposal meeting. Oral responses provided by the University

at the pre-proposal meeting shall not be considered official.

3. It shall be the obligation of the proposer to exercise due diligence to discover and

bring to the attention of the University, at the earliest possible time any

ambiguities, discrepancies, inconsistencies, or conflicts in or between any of the

technical, pricing, or contractual provisions in this RFP.

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1.0 INTRODUCTION

1.1 PURPOSE

Alabama A&M University is soliciting proposals from qualified companies to

provide quality cable television services up to potential 1661 outlets, in the

manner described herein, programming will be distributed to Dormitories

(residence halls), Office Area, Conference Rooms, Football Stadium, Health

Science Center, Student Center, Library, and other related areas owned and

operated by Alabama A&M University.

For the purpose of this Request for Proposal (RFP); the term “Quality Cable

Television Service” mean cable service consistent with industry standards

including signal strength, reception quality, and community of service which

meets or exceed signal levels of OBD to 10DB, with maximum difference

between adjacent video carriers 3DB, and a maximum difference between any

carriers 12DB, with optimum level, customs and practices.

Any data supplied with the RFP or any meeting providing information regarding

the number of participants of the cable system, the number of residents, and

similar such information is expressly herby noted to be an estimate figure as of a

certain date for the general guidance of vendor and is not intended to be specific

and accurate as to detail. It is the vendor’s responsibility to ascertain the physical

and technical properties of this activity.

1.2 BACKGROUND

Organized in 1875, Alabama Agricultural and Mechanical University is a

dynamic and progressive land-grant institution with a strong commitment to

academic excellence. The picturesque campus is situated on what many alumni

and friends fondly refer to as “the Hill,” only a few miles from downtown

Huntsville. It offers numerous degree programs, including four Ph.D. degrees in

Food Science, Physics, Plant Soil Science, and Reading/Literacy. Each year, the

campus welcomes a Noble Laureate to serve as guest lecturer to students, faculty

and the community.

AAMU provides baccalaureate and graduate studies that are compatible with the

times to all qualified and capable individuals who are interested in further

developing their technical, professional, and scholastic skills and competencies.

It operates in the three-foil function of teaching, research, and public service,

including extension.

Among an extensive list of distinguished alumni are: John Stallworth, former

Pittsburgh Steeler and Pro Football Hall of Famer; William E. Cox, President,

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Cox Matthews & Associates (Publisher of Diverse Issues in Higher Education). Ruben

Studdard, former “American Idol:, and many others.

2.0 SCHEDULE

The schedule for the development of Digital Cable TV plan must be coordinated with

A&M’s academic calendar, and major events such as commencement which may impact

availability of key staff. The schedule for Digital Cable TV Plan process also must be

coordinated with the ongoing development of A&M’s strategic vision led by President

Hugine and A&M’s Board of Trustees. Consistent with these parameters, the following

initial milestone dates have been targeted for the Campus Digital Cable TV Plan.

RFP Release Date----------------------------------------------------------September 26, 2012

Pre-Proposal Conference-----------------------------------------------------October 08, 2012

Deadline for Submitting Questions-----------------------------------------October 15, 2012

Deadline for Submitting Proposals------------------------------------------October 26, 2012

Notification of Three (3) Short-Listed Firms---------------------------November 08, 2012

Interview/Selection---------------------------------------------------------November 22, 2012

3.0 PROJECT DESCRIPTION AND SCOPE

3.1 The purpose of this Request for Proposal (RFP) is to consolidate satellite pro-

gramming through one (1) vendor to allow for the coordinated expansion of

programming of the Telecommunications Center. Programming will be dis-

tributed to dormitories (residence halls), office area, conference rooms, the

football stadium, the health science center, the student center, the library, and

other related areas owned and operated by Alabama A&M University.

3.2 The successful Vendor will supply programming on a demand basis on a per

month basis. Areas not receiving satellite programming during specific portions

of the year (an example would be a specified residence hall that is not occupied

during the summer months will not be charged for this time period).

3.3 It will be the responsibility of the successful vendor to supply programming on

a “tiered basis” as defined by the programming choices indicated in this proposal

document. It is the intent of Alabama A&M University to provide programming

on 3-T channels to be used for Alabama A&M University (Closed circuit Campus

TV) and 1 channel to provide for community programming to keep the

community connected to the University.

3.4 Vendor will completely install, operate, and maintain a state-of-the art cable

television system for Alabama A&M University. Vendor may also provide a

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digital satellite systems for head-end programming reception and will provide

the off-air reception system if necessary to receive local broadcasting stations.

The University will be able to customize the channel programming by selecting

a preferred channel line-up from a wide selection of programming as well as

incorporating independent programming. The University will be able to change,

alter, or modify the programming at any time during the term of the agreement

with the successful vendor.

3.5 Vendor must provide a time line for system design and configuration, equipment

delivery, cable installation, testing, and energizing. The installation process shall

not begin any earlier than December 10, 2012 and must be completed with the

system being energized prior to January 31, 2013. The vendor shall incur

penalties for work that is not completed on schedule.

3.6 The proposed system will be a state-of-the-art satellite based system that offers up

to the maximum channels of programming and will consist of a fully digital elec-

tronic head-end consisting of all required components for the reception, process-

ing, and distribution of high quality video signals, utilizing existing inside and

outside cable plant, or vendor will install cable if necessary.

3.7 The channel line-up will consist of at least the maximum Expanded Basic Chan-

nels, which will include entertainment, and educational channels, 3 interactive

channels. Vendor must include in the proposal a copy of their Expanded Basic

channel line-up.

3.8 Alabama A&M University will supply cable drop numbers (with building

locations) on a semester basis. This information will be submitted the first of

each semester. Alabama A&M University’s Telecommunications Center will

maintain all distribution equipment and will be responsible for coordinating the

installation of additional outlets (drops) with the successful vendor as defined by

the details in this proposal document. The RF outlets utilized as part of the head-

end monitoring and control system shall not be counted in determining the

number of cable drops. This area will be located in the Telecommunications

Center - R. D. Morrison Fine Arts Center, Normal, Alabama Campus.

4.0 VENDOR REQUIREMENTS

4.1 Vendor will retain ownership of all electronic and reception equipment.

4.2 Vendor will provide a comprehensive technical and maintenance service.

4.3 Vendor will provide resolution structure to quickly resolve any questions of

responsibility of rights.

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4.4 All associated cost including permits, licenses, materials, and labor required to

design and build the cable system will be the responsibility of the vendor as well

as all cable and system maintenance cost during the term of the contract.

4.5 The vendor must furnish certification of authority to conduct business in the state

of Alabama as a condition of contract award.

4.6 Vendor will maintain 24 hour, 7 day week, and active customer service phone

lines. The service number is to be answered by customer service representative

from 8 a.m. to 5 p.m. Monday through Friday. For service calls made after hours,

weekends, and Holidays, this line is to be covered at minimum by an answering

service which is instructed to relay any emergency service request 24 hour “on-

call” technician.

4.7 The company must provide an annual walk through and maintenance of the plant

during the period of May 15 through June 15.

5.0 REQUIRED SYSTEM SPECIFICATION

5.1 Vendor design and construction will meet all FCC technical standards

5.2 All construction of “Plant and Distribution” trunk amplifiers, line extender, and

couplers, will consist of a minimum, 850 MHzPIII with 850 jacketed/flooded

trunk cable and 500 jacketed/ flooded feeder cable.

5.3 The head-end receiving equipment will consist of state-of-the-art electronic

components (digital satellite receivers, 60-DB modulators, and off-air processors,

Scientific Atlanta, Blonder Tongue, or equivalents.

5.4 3-T channels for use by Alabama A&M University

5.5 An advance cable control system to eliminate the need for converter boxes with

cable ready television.

5.6 Reception equipment must be digital satellite system.

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6.0 EVALUATION CRITERIA and CONTRACT AWARD

6.1 Evaluation Criteria

Proposals will be evaluated according to completeness, content, experience with

similar projects, ability of the vendor and its staff, and cost. Award shall be

made to the responsible vendor whose proposal is determine to be the most

advantageous to the University taking into consideration the evaluation factors

set forth in the solicitation. Price, although a consideration, will not be the sole

determining factor. The University will review all accepted proposal with par-

ticular emphasis on the following criteria which is not listed in a particular

order:

A. Ability to render satisfactory service, in the instance, particularly projected

finalization time of system project from award to completion.

B. Vendor’s previous record of performance and service (via references

provided with proposal), including available local support and response

time, variety and depth of service available, and experience in the

industry.

C. Service aspect of proposal.

D. Dedicated customer support.

E. Base “RFP” price to the University.

F. Warranty of the completed system, including, but not limited: quality and

readability of vendor’s system performance, speed, user-friendliness, and

back-up systems.

G. Conformance to required contract provisions, including, but not limited to:

quality and reliability of Vendor’s system performance, speed, user-

friendliness, and back-up systems.

H. Availability of representative to the University for discussion and

consultation.

I. Company size, proof of financial stability, industry stability, and

understanding and commitment to the issues and needs of Alabama A&M

University, specifically the residential marketplace.

J. Service philosophy, particularly corporation with University

representatives.

K. System architecture, design, etc. including; features offered and flexibility;

utilization of industry standards; the ability of the proposed system to

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easily expand; compatibility/ease of integration from system from current

system and equipment.

L. Other considerations or enhancements offered by the vendor.

The University will receive proposals from firms having specific experience,

resources, and qualifications in the Proposed Scope of Work. Proposals for

consideration for this project must contain evidence of the firm’s experience

and abilities in the specified area and other disciplines directly related to the

proposed service. Other information required by the University to be submitted in

the response to this RFP is Included elsewhere in this solicitation.

A selection committee will review and evaluate all proposals submitted by the

date and time and may conduct oral presentations or a combination of both. The

selection committee will have only the responses to this solicitation to review for

selection of finalists and therefore, it is important that proposals emphasize

specific information pertinent to the service to be provided. Evaluation of the

responses will be based on the following criteria:

30 points Completeness, originality, and creativity of the proposed approach

to the scope of service.

25 points Similar experience and qualifications of personnel to perform the

services.

20 points Firm qualification and previous record of performance and service

(via references provided with Proposal), including available local

support and response time, variety and depth of service available,

and experience in industry.

25 points Cost Proposal

___________________________________________________________

100 points

6.2 CONTRACT AWARD

1. The University anticipates awarding one (1) contract. Award of a contract

to one vendor does not mean that the other proposal lacked merit, but that,

all factors considered, the selection proposal was deemed to provide the

best value to Alabama A&M University. Vendor must be aware that this is

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a request for offers not a request to contract, and Alabama A&M reserves

the right to reject any and all proposals when such rejection is deemed to

be in the best interest.

2. Proposals will be rank ordered. Selection shall be made of one (1)

Proposer deemed to be the best for the project on the basis of the

evaluation factors.

3. A selection panel will review the proposals using written score sheets. As

the panel may require a personal interview with up to three (3) of the

highest ranked proposers, the date and time specified on page 1 of this

RFP shall be reserved for proposal interviews.

4. The interview will provide an opportunity for the Proposer to clarify their

proposal in response to questions from the selection committee. This is a

fact finding and explanation session only and does not include negotiation.

5. As the interviews are optional for the University, Proposers should treat

their proposal as a final product.

6. Negotiations shall commence with the selected Proposer in order to

achieve a binding price and agreement on contract terms. If negotiations

with the top-ranked Proposer are not successful, discussions will

commence with the next highest ranked Proposer, and negotiations will

continue in this manner until an agreement is reached.

7. The award document will be a contract incorporating by reference the

Request for Proposals, Terms and Conditions, Contract Provisions, Scope

of Work and/or Technical Specifications, and the Contractor’s proposal as

negotiated.

8. Until the final award by Alabama A&M University, said University

reserves the right to reject any and/or all RFPs, to waive technicalities, to

re-advertise, or to proceed otherwise when the best interest of said

University will be realized hereby.

7.0 SUBMITTAL REQUIREMENTS

Proposals shall be delivered in sealed envelopes or boxes and must be received no later

than 2:00 p.m. on October 26, 2012. Packages must be addressed to:

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Delores Hudson

Purchasing Department

Alabama A&M University

305 Patton Hall

4900 Meridian Street

Normal, Alabama 35762

Proposers are required to submit one (1) original (marked “original”) and five (5) copies

(marked “copy”) of the complete proposal. Proposals must be typed and submitted on

8½” x 11” paper. Elaborate brochures and promotional material is not desired.

Proposers may submit only one proposal in response to this RFP. Proposers are fully

responsible for timely delivery of proposals. Any proposal received after the stated

closing time will be returned unopened. If proposals are sent by mail to the Purchasing

Department, the proposer shall be responsible for actual delivery of the proposal to the

Purchasing Department before the advertised date and hour for the opening. Proposals,

which are delayed, will not be considered and will be returned unopened. Electronic,

facsimile, or verbal proposals shall not be accepted. Proposals shall be kept unopened

until after the closing date and time.

To facilitate comparison and evaluation, Proposers must follow the format outlined

in this section. Failure of Proposer to follow the required format may, at the sole

discretion of the University, result in the rejection of the submittal. Proposals shall

contain concise written material and illustrations that enable a clear understanding and

evaluation of the capabilities of the Proposer. Legibility, clarity, and completeness are

essential. The University, at its sole discretion, may reject any proposal which is unclear

in any way.

Proposals must be organized in the following manner – use tabs for items indicated

below:

Title Page

Proposal Submittal Form

Transmittal Letter

Table of contents

Tab 1.0 Executive Summary

Tab 2.0 Corporate Background and Experience

Tab 3.0 Project Staffing and Organization

Tab 4.0 Technical Approach

Tab 5.0 Cost Proposal

Tab 6.0 Financial Report

Tab 7.0 Vendor’s Standard Form of Agreement, if applicable

Tab 8.0 Additional Services

Tab 9.0 Exceptions

Tab 10 Required forms and Documentation

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Title Page

The Title Page should contain the name and identification number of this

proposal, and identify the name, the title, company, mailing address, telephone

and facsimile number of the contact person who is authorized to commit the

Proposer to contractual arrangements with the University. This person will be

considered by the University as the Proposer’s contact point for all

communication regarding this procurement.

Proposal Submittal Form

The submittal form is included in the Attachment A of the RFP. It must be

completed, signed, and incorporated into the submitted Proposal. Failure to do so

may result in disqualification.

Transmittal Letter

The transmittal letter shall constitute a firm offer to the University and be utilized

to introduce the proposers. Transmittal letters should contain the following

information:

Designation of the business entity that will contract with the University.

A brief identification of the roles of all Proposers team members.

Identification of the principal contact person for the Proposer and an

alternate contact person together with addresses, telephone and facsimile

numbers, and e-mail address.

A clear statement indicating that the attached Proposal constitutes a firm

and binding Bid by the Proposer to the University.

A clear statement indicating that all information in support of the Proposal

is accurate, truthful, and factual.

Table of Contents

Proposals should contain a detailed table of contents listing major sections and

subsections which correspond to the requirements of the Proposal.

Tab 1.0 Executive Summary: An executive summary will briefly describe

the vendor’s approach and clearly indicate any options,

alternatives, or enhancements being proposed. It should also

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indicate any major requirements that cannot be met by the vendor.

Alabama A&M University will assume full compliance with all

specifications herein if no exception is taken. Any award made by

the University hereunder shall bind the vendor to the terms,

conditions, and specifications set forth in this Request for

Proposal. Vendors whose proposals do not conform to said

terms, conditions, and specifications should so note in their

response to this section. No exceptions will be considered to have

been taken by a vendor unless it is properly set out as provided

above.

Tab 2.0 Corporate Background and Experience: This section shall

include background information on the organization and should

give details of experience with similar projects. A list of three

references (including contact persons and telephone numbers) for

whom similar work has been performed shall be included.

Tab 3.0 Project Organization: This section must include the proposed

staffing, deployment, and organization of personnel to be assigned

to this project. The vendor shall provide information as to the

qualifications and experience of all executives, managerial, legal,

and professional personnel to be assigned to this project, including

resumes, citing experience with similar projects, and the

responsibilities to be assigned to each person.

Tab 4.0 Technical Approach: This section shall include, in narrative,

outline, and/or graph form the vendor’s approach to accomplishing

the tasks outlined in the Project Description and Scope, Section 3.0

of this RFP. The vendor must demonstrate their ability to meet all

specifications as outlined in the Project Description and Scope,

Section 3.0, Vendor Requirements, Section 4.0, and, Required

System Specifications, section 5.0. A description of each task and

the schedule for accomplishing each shall be included.

Tab 5.0 Cost Proposal: The Cost Proposal must be submitted on the

“COST PROPOSAL SHEET” with all required information

provided.

Tab 6.0 Financial Reports: Furnish a current audited financial report for

the company’s most recent fiscal year.

Tab 7.0 Vendor’s Standard Form of Agreement: If the University will be

required to sign the vendor’s standard form of agreement, it

MUST be submitted with your proposal for review by the

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University Legal Counsel. Proposals that are contingent upon the

University’s acceptance of the vendor’s terms and conditions may

be at a competitive disadvantage in the evaluation process. Further,

if the University cannot accept the vendor’s terms and conditions,

the University may reject such proposals as non-responsive. If

vendor’s terms are revised by the successful vendor after the

University has awarded any resulting contract, and the University

cannot accept the terms as altered, the University reserves the right

to revoke and cancel the contract by written notice to the

successful vendor within sixty (60) days of becoming aware of

such revisions.

Tab 8.0 Additional Services: Describe any other services or options,

beyond those identified in this RFP the proposer would

recommend with the associated proposed fee, including expenses.

Tab 9.0 Exceptions: Any exception taken to ANY portion of this Request

for Proposals must be so stated on the proposal response sheets or

Alabama A&M University will assume compliance with all

requirements as stated. The successful vendor will be responsible

and accountable for providing those items as specified in their

proposal.

Tab 10 Required Forms and Documentation: All forms must be signed

by an authorized signer who is legally able to bind the Proposer.

Proposal submittal Form

Company Information Questionnaire

Certification of Primary participants regarding

Debarment, Suspension, and Other Ineligibility and

Voluntary Exclusions

Certification of Restrictions on Lobbying

Certification of Insurance Coverage

Non-Collusion Affidavit

Exceptions to the Scope of Work

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References

Terminated Contracts

Subcontractors

Proof of E-Verify Enrollment

Disclosure Statement

Cost Proposal Sheet

8.0 GENERAL INFORMATION ON SUBMITTING PROPOSALS

8.1 This request for proposal creates no obligation on the part of AAMU to award a

contract or to compensate bidders for proposal presentation expenses. The

University will not be responsible for any cost incurred by any vendor in

preparing and submitting a proposal. The University may cancel this Request for

Proposal (RFP) in whole or part at any time.

8.2 Alabama A&M University reserves the right to award a contract based upon the

offers received without further negotiation.

8.3 Before the award of the contract, the University will require an offer or to submit

evidence related to the financial, technical, and other qualifications and abilities

of the bidder.

8.4 If it becomes necessary to revise any part of this RFP, addenda will be provided to

all vendors who received the initial RFP. An acknowledgment of the receipt of

all amendments, addenda, and changes issued shall be required from all vendors

receiving the RFP. All addenda and amendments issued by the University will

become part of the specifications.

8.5 the proposal should be prepared simply and economically providing a straight

forward, concise description of the vendors offers to meet the requirements of the

RFP.

8.6 Vendors who submit proposals will, at the option of AAMU, are required to make

individual presentations to representatives of the University.

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8.7 All vendors must agree to meet all the provisions of the Request for Proposal and

the University may, at its sole discretion, reject any offer which contains any

exception thereto.

8.8 Bid Bond and Guarantees: A Performance Bond will be required with the

Cable-TV Proposal.

8.9 Competitive Offer: The signer of any proposal submitted in response to this

RFP certifies that this proposal has not been at collusively or otherwise in

violation of either Federal or Alabama antitrust laws.

8.10 Oral Explanation: The University shall not be bound by oral explanations or

instructions given at any time during competitive process or after award.

8.11 Reference to Other Data: Only information which is received in response to

this RFP will be evaluated; reference to information previously submitted shall

not be evaluated.

8.12 Cost for Proposal Preparation: Any costs incurred by vendor in preparing or

submitting proposals are the vendors’ sole responsibility; Alabama A&M

University will not reimburse any vendor for any costs incurred prior to award.

8.13 Time for Acceptance: Each proposal shall state that it is a firm offer which may

be accepted within a period of 120 days. Although the contract is expected to be

awarded prior to that time, the 120 day period is requested to allow for unforeseen

delays.

8.14 Titles: Titles and headings in this RFP and any subsequent contract are for

convenience only and shall have no binding force or effect.

8.15 Right To Submitted Material: All responses, inquires or correspondence

relating to or in reference to the RFP, and all other reports, charts, displays,

schedules, exhibits, and other documentation submitted by the vendor shall

become property of the University when received.

8.16 Vendor’s Representative: each vendor shall submit with its proposal the name,

address, and telephone number of the person(s) with authority to bind the firm and

answer questions or provide clarification concerning the firm’s proposal.

8.17 Subcontracting: Vendor may propose to subcontract portions of the work

provided that their proposals clearly indicate what work they plan to subcontract

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and to whom and that all information required about the prime contractor is also

included for each proposed subcontractor.

8.18 Award for All or Part: Unless otherwise specified, if it is in the best interest of

the University to do so, award all or part of the proposal to any Contractor whose

proposal is the most responsible and responsive and whose proposal best meets

the requirements and criteria set forth in the solicitation.

8.19 Protest of Award: Any protest by any Offeror must be timely and in

conformance with applicable procurement regulations. The fifteen (15) day

protest period for responsive Offerors shall begin on the day following the

University’s written notification to all responding Offerors. Protest must be

written and include the name and address of the protestor and the number

assigned to this RFP by the University. It also must contain a statement of

grounds for protest including appropriate supporting exhibits. The timely protest

must be delivered to:

Delores Hudson

Purchasing Department

Alabama A&M University

305 Patton Hall

4900 Meridian Street,

Normal, AL 35762

9.0 CONTRACT TERMS AND CONDITIONS

9.1 The contract for Cable Services shall continue for five (5) years, commencing no

later than December 15, 2012 through December 15, 2017. Alabama A&M Uni-

versity shall have the option to extend the contract for two (2) additional one

year terms exercisable by the University. In the event the University elects to

exercise any one or more of the said one-year options, the contractor shall be

notified in writing at least ninety (90) days prior to the commencement of the

additional one-year term involved subject to State Statues.

9.2 Renewal: This contract may be renewed upon mutual written consent, submitted

to the Vice President of Marketing and Communications and Vice President of

Student Affairs ninety (90) days prior to the date expiration. Such renewal shall

be in accordance with the terms and conditions of the original contract and shall

be limited to five (5) successive one (1) year periods.

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9.3 Governing Law: This contract is made under and shall be governed and

construed in accordance with the laws of the State of Alabama.

9.4 Independent Vendor: Vendor shall be considered to be an independent vendor

and as such shall be wholly responsible for the work to be performed and for the

supervision of its employees. Vendor represents that it has, or will secure at its

own expense, all personnel required in preforming the service under this

agreement. Such employee shall not be employees of, or have any individual

contractual relationship with Alabama A&M University.

9.5 Key Personnel: Vendor shall not substitute key personnel assigned to the

performance of this contract without prior written approval by the University’s

Contract Administrator. The individuals designated as key personnel for purpose

of this contract are those specified in the Vendors proposal.

9.6 Performance and Default: If, through any cause, the vendor shall fail to fulfill

in timely and proper manner the obligations under this agreement, the University

shall have the right to terminate this contract by giving written notice to the

vendor and specifying the effective date thereof. In that event, all finished or

unfinished deliverable items under this contract prepared by the vendor shall, at

the option of the University, become its property, and the vendor shall be entitled

to receive just and equitable compensation for any satisfactory work completed on

such material. Notwithstanding, the vendor shall not be relieved of liability to

Alabama A&M University for damages sustained by the University by virtue of

any breach of this agreement, and the Agency may withhold any payment due the

vendor for the purpose of setoff until such time as the exact amount of damages

due to the University from such breach can be determined.

In case of default by the vendor, Alabama A&M University may procure the

services from other sources and hold the vendor responsible for any excess cost

occasioned thereby. The University reserves the right to require performance

bond or other acceptable alternative guarantees from successful vendor without

expense to the University. Upon the entering of judgment of bankruptcy of

insolvency by or against the vendor, the University may terminate this contract

for cause.

Neither party shall be deemed to be in default of its obligations hereunder if and

so long as it is prevented from preforming such obligations by any act of war,

hostile foreign action, nuclear explosion, riot, strike, civil insurrection,

earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

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9.7 Termination: If either party shall be in material breach of a provision of this

Agreement and such breach shall not be cured within sixty (60) days after receipt

of written notice thereof, then, in addition to all other remedies available to it, the

non-breaching party may elect to terminate this Agreement. Notwithstanding the

foregoing, neither party shall be consider to have breached a provision hereof if

performance is prevented or delayed by Act of God or other circumstance beyond

a party’s reasonable control.

9.8 Contract Rights Upon Termination: in the event of a termination of this

Agreement by Owner as provided in Section 9 above or Section 9 below, in

addition to any requirements imposed by applicable law or FCC regulation,

Operator shall have at least ninety (90) days from the date of termination to

remove and/or sell and transfer all or part of the system. Both during and after the

term of this Agreement, the System, defined as all equipment installed at the

Property by Operator or its agents, including without limitations inside and home

run wiring, shall be and remain the sole property Operator. The System, including

without limitation, all wiring shall not become or be considered a fixture of the

Property upon which, or in which, it is located. In no event shall the System be

considered abandon unless Operator provides written notice of intent to abandon

the System to Owner.

9.9 Additional Termination Rights: Operator may terminate this at any time by

notice to Owner without further liability. If any of Operator’s permits or other

approvals required from any governmental authority or any license required from

any third party to operate its System is canceled, expired, or if owner fails to have

authority to enter in this Agreement. Upon such termination, Owner shall be paid

any amount owed by Operator as of the date of termination; however, Operator

will be relieved of all other obligations under this Agreement.

9.10 Failure of Appropriations: The Owner believes that funds can be obtained

sufficient to pay all monies due during the Agreement Term and hereby covenants

that it will use its best efforts to pay such monies. It is the Owner's intent to pay

monies due for the full Agreement Term if funds are legally available therefor. If

no funds or insufficient funds are appropriated and budgeted in any fiscal period

for monies due under this Agreement, then the Owner will immediately notify the

Operator or its assigns of such occurrence and this Agreement shall terminate on

the last day of the fiscal period for which appropriations were received without

penalty or expense to the Owner of any kind whatsoever, except as to the portions

of monies herein agreed upon for which funds shall have been appropriated and

budgeted.

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9.11 Availability Of Funds: Any and all payments to the Vendor are dependent upon

and subject to the availability of funds to Alabama A&M University for the

purpose set forth in this agreement.

9.12 Care Of Property: The Vendor agrees that it shall be responsible for the proper

custody and care of any property furnished it for use in connection with the

performance of this contract or purchased by it for this contract and will

reimburse Alabama A&M University for loss of damage of such property.

9.13 Assignment: No assignment of the Vendor's obligations or the Vendor’s right to

receive payment hereunder shall be permitted. However, upon written

request approved by the issuing purchasing authority, the University may:

a. Forward the contractor's payment check(s) directly to any person

or entity designated by the Vendor, or

b. Include any person or entity designated by the Vendor as a joint

payee on the Vendor's payment check(s).

In no event shall such approval and action obligate the University to

anyone other than the Vendor and the Vendor shall remain responsible for

fulfillment of all contract obligations.

9.14 Compliance with Laws: The Vendor shall comply with all laws, ordinances,

codes, rules, regulations, and licensing requirements that are applicable to the

conduct of its business, including those of federal, state, and local agencies having

jurisdiction and/or authority.

9.15 Nondiscrimination: Operator agrees that it shall not, with respect to any activity

carried out on the premises of the University or relating in any way to this

Agreement, discriminate unlawfully against any person on the basis of race, color,

national origin, religion, sex, age, disability, or handicap. The equal opportunity

clauses required under Executive Order 11246 and regulations issued thereunder

are made a part of this Agreement by reference.

9.16 Insurance: Vendor shall obtain, pay for, and keep in force for the duration of the

contract the following minimum insurance and shall furnish to Alabama A&M

University certificates evidencing that such insurance is in effect naming the

University as an additional insured and providing that the carrier shall give the

Vendor and the University at least 10 days written notice of any material change

in or cancellation of such insurance. All insurance coverage shall be obtained

from a company duly licensed to do business in the State of Alabama and

countersigned by a licensed resident agent. The University is exempt from paying,

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and is in no way liable for paying, any sums of money which may represent a

deductible in any Vendors insurance policy. The payment of such deductible is

the sole responsibility of the Vendor obtaining the insurance.

a. Workers' Compensation Insurance, required by the laws of

Alabama, covering all of the Vendor's employees engaged in any

work hereunder and, in case any work is sublet, the vendor shall

require the insurance for all of the subcontractor's employees

unless such employees are covered by the protection afforded by

the Vendor's insurance.

b. Bodily Injury Liability

-Each Person: $250,000. Each Occurrence: $500,000.

c. Property Damage

-Each occurrence: $500,000.

d. Auto Public Liability Insurance

-Bodily Injury: $1,000,000

e. Umbrella or Excess Liability: $2,000,000

9.17 Advertising: The Vendor shall not use the award of a contract as part of any

news release or commercial advertising.

9.18 Entire Agreement: This proposal and any documents incorporated specifically

by reference represent the entire agreement between the parties and supersede all

prior oral or written statements or agreements. This Request for Proposals, any

addenda thereto, and the vendor's proposal are incorporated herein by reference as

though set forth verbatim.

All promises, requirements, terms, conditions, provisions, representations,

guarantees, and warranties contained herein shall survive the contract expiration

or termination date unless specifically provided otherwise herein, or unless

superseded by applicable Federal or State statutes of limitation.

9.19 Amendments: This proposal may be amended only by written amendments duly

executed by Alabama A&M University and the Vendor.

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Attachment A: Required Forms

Proposal Submittal Form

Company Information Questionnaire

Certification of Primary Participants Regarding Debarment, Suspension, and Other

Ineligibility and Voluntary Exclusions

Certification of Restrictions on Lobbying

Certification of Insurance Coverage

Non-Collusion Affidavit

Exceptions to the Scope of Work

References

Terminated Contracts

Subcontractors

Copy of E-Verify enrollment certificate showing number, immigration certification, etc.

Disclosure Statement

Cost Proposal

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Quote price on ………………. Outlets

Per Outlet

……. Outlets $.............. Per Month

Total Bill $.............. Per Month

EXECUTION OF PROPOSAL

By submitting this proposal, the potential Vendor certifies the following:

1. This proposal is signed by an authorized representative of the firm

2. The cost and availability of all equipment, materials, and supplies associated

with performing the services described herein have been determined and

included in the proposal cost.

3. All labor costs, direct and indirect, have been determined and included in the

proposed cost.

4. The potential vendor has read and understands the condition set forth in this

RFP, and agrees to them with no exceptions.

Therefore in compliance with this Request for Proposals, and subject to all conditions herein, the

undersigned offers and agrees, if this proposal is accepted within 120 days from the date of the

opening, to furnish the subject services.

VENDOR: …………………………………………………………………………………………

ADDRESS: ………………………………………………………………………………………..

CITY, STATE, ZIP: …………………………………………………………………………….

TELEPHONE NUMBER: ……………………………………………………………………….

FEDERAL EMPLOYER IDENTIFICATION NUMBER: ……………………………………

BY: ……………………………………………. TITLE: ……………………………………….

(Signature)

………………………………………………… ………………………………………………

(Typed or Printed Name) (Date)

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ATTACHMENT B:

UNIVERSITY MISSION, VALUES, AND EXPECTATIONS STATEMENT

Alabama Agricultural and Mechanical University reflects the uniqueness of the traditional land-

grant institution, which combines professional, vocational and liberal arts pursuits. The

University provides baccalaureate and graduate studies that are compatible with the times to all

qualified, capable individuals who are interested in further developing their technical,

professional, and scholastic skills and competencies. It operates in the three-fold function of

teaching, research, and public service, including cooperative extension. A center of substance

and excellence, Alabama A&M University provides a setting for the emergence of scholars,

leaders, critical thinkers, and other contributors to society.

Specifically, the University is committed to:

Excellence in education and a scholarly environment in which inquiring and discriminating

minds may be nourished.

The education of students for effective participation in local, state, regional, national, and

international societies.

The search for new knowledge through research and its applications.

The provision of a comprehensive outreach program designed to meet the changing needs of the

larger community.

Programs necessary to adequately address the major needs and problems of capable students

who have experienced limited access to education.

Alabama A&M University, in cooperation with businesses, industrial and governmental

agencies, and other institutions, provides a laboratory where theory is put into practice in a

productive environment.

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ATTACHMENT C: