Date Issued: June 20, 2018 · 2018. 7. 31. · of rack systems, structured cabling, and ancillary materials such as panels, jumpers, and power cords for the ity’s data centers,

1 Printed on paper containing 30% post-consumer material.

Date Issued: June 20, 2018

THE CITY OF NEW YORK DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS (The “Agency”)

REQUEST FOR PROPOSALS

TITLE: Structured Cabling, Racks, and Cabinets Service and Maintenance Contract

EPIN #: 85818P0002

TABLE OF CONTENTS: PAGE #

SECTION I - TIMETABLE 4

SECTION II - SUMMARY OF THE REQUEST FOR PROPOSALS 6

SECTION III - SCOPE OF SERVICES AND M/WBE REQUIREMENTS 7

SECTION IV - FORMAT AND CONTENT OF THE PROPOSAL 27

SECTION V - PROPOSAL EVALUATION AND CONTRACT AWARD PROCEDURES 33

SECTION VI - GENERAL INFORMATION TO PROPOSERS 34

APPENDIX A - GENERAL PROVISIONS GOVERNING CONTRACTS FOR CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN AND CLIENT SERVICES 37

APPENDIX B - ADDITIONAL DEFINITIONS 38

APPENDIX C– PREVAILING WAGE SCHEDULES 40

APPENDIX D – QUESTIONS AND ANSWERS ABOUT THE DOING BUSINESS DATA FORM 41

ATTACHMENT A - PROPOSAL COVER LETTER 42

ATTACHMENT B - ACKNOWLEDGMENT OF ADDENDA 44

ATTACHMENT C - NON-DISCLOSURE AGREEMENT 45

ATTACHMENT D - PROPOSER QUALIFICATIONS 46


ATTACHMENT E - LOCAL OFFICE AND STAGING FACILITY LOCATIONS 52

ATTACHMENT F - COST PROPOSAL TEMPLATES 53

ATTACHMENT G - NOTICE TO ALL PROSPECTIVE CONTRACTORS 54

ATTACHMENT H - SCHEDULE B: SUBCONTRACTOR UTILIZATION PLAN/WAIVER APPLICATION 55

ATTACHMENT I - IRAN DIVESTMENT RIDER AND CERTIFICATION 56

ATTACHMENT J - HIRING AND EMPLOYMENT RIDER: HIRENYC AND REPORTING REQUIREMENT 59

ATTACHMENT K - DOING BUSINESS DATA FORM 60

ATTACHMENT L - DISPLACEMENT DETERMINATION FORM 61


AUTHORIZED AGENCY CONTACT PERSON

Proposers are advised that the Authorized Agency Contact Person for all matters concerning this Request for Proposals is:

Name: John Gioia

Title: Contract Manager Mailing Address: Department of Information Technology and

Telecommunications 2 MetroTech Center, P-1 Level Brooklyn, NY 11201 Telephone #: 718-403-8503 Fax #: 347-788-4082 E-Mail Address: [email protected]

mailto:[email protected]


SECTION I - TIMETABLE

A. Release Date of this Request for Proposals: June 20, 2018

All questions and requests for additional information concerning this RFP should be directed to John Gioia, the Authorized Agency Contact Person, at:

Telephone #: 718-403-8503 Fax #: 347-788-4082 E-Mail Address: [email protected] Proposers should submit questions no later than 28 days (by July 25, 2018 at 12:00 PM EST) prior to the proposal due date since the Agency may be unable to respond to questions received after that date. B. Pre-Proposal Conference: oo Date: July 17, 2018 oo Time: 1:00 PM (EST) oo Location: Department of Information & Technology & Telecommunications

2 MetroTech Center, 4th Floor, Purple Conference Room Brooklyn, NY 11201

Attendance by proposers is optional but recommended by the Agency. Note: Proposers must request an attendance form from the Authorized Agency Contact Person by email by Friday, July 13, 2018. Proposers are allowed up to two representatives to attend the pre-proposal conference. Transportation to/from City facilities will be the responsibility of each Proposer. C. Proposal Due Date and Time and Location: oo Date: August 22, 2018 oo Time: 12:00 PM (EST) oo Location: Proposals shall be submitted to John Gioia For Proposals to be hand delivered by Proposer please deliver to:

Department of Information & Technology & Telecommunications 15 MetroTech Center, 18th Floor, Brooklyn, NY 11201 For Proposals to be delivered via third party please deliver to:

Department of Information & Technology & Telecommunications 2 MetroTech Center, P-1 Level, Brooklyn, NY 11201

E-mailed or faxed proposals will not be accepted by the Agency.


Proposals received at this Location after the Proposal Due Date and Time are late and shall not be accepted by the Agency, except as provided under New York City’s Procurement Policy Board Rules. The Agency will consider requests made to the Authorized Agency Contact Person to extend the Proposal Due Date and Time prescribed above. However, unless the Agency issues a written addendum to this RFP which extends the Proposal Due Date and Time for all proposers, the Proposal Due Date and Time prescribed above shall remain in effect.

D. Anticipated Contract Start Date: October 1, 2019


SECTION II - SUMMARY OF THE REQUEST FOR PROPOSALS

A. Purpose of RFP

The Agency (“DoITT”) is seeking an appropriately qualified Contractor to provide structured cabling and rack/cabinet solutions, as defined in this RFP. The Contractor must be able to respond quickly to requests to provide such solutions at various locations within the five boroughs of New York.

B. Anticipated Contract Term

It is anticipated that the term of the Agreement will be for five (5) years commencing from the date of the notice to proceed, with three (3) two-year options to renew, at the City’s discretion. The Agency reserves the right, prior to contract award, to determine the length of the initial contract term and each option to renew, if any.

C. Anticipated Payment Structure

In accordance with the Office of the Comptroller’s Directive 31 (Special Audit Procedures for Information Technology Consulting), the Contracts will contain daily Total Compensation and a standard maximum Personnel Markup for each of the labor categories listed in the Price Proposal for the initial contract term. The Personnel Markup and the daily Bill Rates (which equal the daily Total Compensation with the Personnel Markup applied) for cabling projects may be lower than, but cannot exceed, the Personnel Markups and daily Bill Rates contained in the Contract.

The payment structure of the Agreement will include performance-outcome measures (i.e., specific performance payment outcome measures and related financial incentives and/or disincentives).

However, the Agency will consider proposals to structure payments in a different manner and reserves the right to select any payment structure that is in the City’s best interest.

D. Minimum Qualification Requirements

Following are the Minimum Qualification Requirements of this RFP. Proposals that fail to meet all of these requirements may result in the proposer being rejected.

1) The Proposer must provide an original letter, signed by an Officer of the Proposer’s company and dated later than the release date of this solicitation document, attesting that the Proposer (including its subcontractors) employs:

a) At least two (2) employees with Certified Data Center Professional (CDCP) certifications. Copies of the employee’s CDCP certificates must be included as part of the proposal; AND

b) At least seven (7) cable installers with one of the following certifications: SCTE, ISBE, CNCI, CTDC for TIA-942, CDCTP, CCTT, CPCT. Copies of the employee’s cable certifications must be included as part of the proposal.


SECTION III - SCOPE OF SERVICES AND M/WBE REQUIREMENTS

A. Agency Goals and Objectives for this RFP

The Agency’s goals and objectives for this RFP are:

● to provide structured cabling solutions, including the acquisition of rack systems and ancillary materials such as panels, jumpers, and power cords, for the City’s data centers, independent distribution facilities (IDFs), telecommunications rooms and computer rooms

● to procure, repair, replace or enhance existing structured cabling systems

● to procure services to assist City staff for short-term projects related to the acquisition of rack systems, structured cabling, and ancillary materials such as panels, jumpers, and power cords for the City’s data centers, independent distribution facilities (IDFs), telecommunications rooms and computer rooms

B. Agency Assumptions Regarding Contractor Approach

1. Service Sites and Service Terms

Work under this Agreement will be performed at the sites of City agencies in various locations within the five boroughs of New York. In addition, work under this Agreement will be performed at a City data center located at 365 S. Randolphville Road in Piscataway Township, NJ.

The City agrees to grant to the Contractor or Contractor's representative(s) access to the sites for the purpose of performing service under this Agreement. The City will provide a representative who can provide direction and answer any questions during site surveys or during implementations. Such access is subject to the City's operating and security procedures for each site. The Contractor is required to comply with all reasonable security procedures that City agencies may require, and obtain required approvals before implementing any change to the rack and cabling infrastructure.

The Contractor will coordinate with agencies to obtain access to service sites for site surveys. Surveys in order to provide services must be provided at no cost to the City.

2. Scope of Services

2.1 General Conditions:

The materials that the Contractor will supply to the City will be limited to the following:

● racks ● cabinets ● fiber (SM, MM, MPO, all rates) ● power cords, fiber and copper jumpers, and rack mount equipment ● Ethernet cables (all categories and rates)


● ladder racks ● rack PDUs and smart UPS (and licenses if applicable) ● grounding buses ● SFPs, GBICs and grounding wiring ● electrical circuits ● wiring ● fuses ● receptacles ● copper panels ● Amphenol panels ● any other structured cabling materials that may be deemed vital in order to

complete the job

The Contractor shall provide all labor, tools and test equipment and other supplies and materials necessary to safely install, program and test, or repair all structured rack and cabling systems.

Networking equipment such as servers, as well as computers, storage, and surveillance/security equipment, will be procured by the City, outside of the scope of this Agreement. No network, telephony, storage, computing, or server-related services, or any services other than structured cabling and related work, can be procured through this Agreement. No maintenance services other than maintenance of structured cabling systems can be procured through this Agreement.

The Contract may perform electrical work under this Agreement only from the panels of City agencies or with the authorization of the building owner, whether it be the Department of Citywide Administration Services (DCAS), a City agency, or a private corporation or building management firm. DoITT assumes no liability should there be damage arising from electrical work performed by Contractor.

Because deliveries to some City sites can be made only by members of the International Brotherhood of Teamsters, the Contractor must be able to subcontract deliveries through a Teamsters shop.

At certain sites, and at the sole discretion of the City, the Contractor may be required to do masonry, carpentry, or other trades such as iron work.

In certain cases, at the sole discretion of the City, the Contractor’s electrical designs may require approval from a professional engineer, which would be provided by the Contractor or its subcontractors. Additionally, designs may be subject to approval from the building proprietors, the Department of Buildings (DOB), DCAS, and/or other City Agencies, City oversight, and third parties.

2.1.1 Protection


Some projects may require that the Contractor protect floors and walls. The Contractor must use either its own or a subcontractor’s resources to ensure that the surrounds of a job site are protected in keeping with building requirements.

All wall penetration performed by the Contractor must be fire blocked.

2.1.2 Dunnage

Some floors constructed for office space may not be able to bear the weight of IT/Telecom equipment that is to be installed. The Contractor or its subcontractors must be able to design dunnage when installing IT/telecom equipment at service sites.

2.1.3 Anchoring

When installing equipment on a raised floor, the Contractor may need to anchor two- and four-post racks to slab. Installation of a 2000 lbs. static load is a typical job requiring anchoring.

2.1.4 Certain jobs may require the Contractor or its subcontractor to core drill and/or run new riser.

2.1.5 In certain environments the Contractor may be required to install earthquake-tolerant racks, systems and WiFi Access Points (WAPs).

2.1.6 Testing

The Contractor or its subcontractor must provide test results of all cabling runs (end to end and between patches) in Microsoft Work format. In certain cases, DoITT may require the Contractor or its subcontractor to test 40G/100G and even higher bandwidth data circuits.

2.2 Cabling in Network Rooms (computer rooms, telecom rooms, IDFs, etc.)

Most service sites are general offices, with small sections (i.e., pantries or closets) designated as network rooms. Work at these sites must be coordinated with an authorized person from the City agency. Possible projects include:

● to furnish and install electrical power circuitry with appropriate receptacles, using the nearest panel

● to ground racks to an existing bus or to run a new grounding system, including procurement, installation and energizing of UPS and rack PDUs

● to create a line diagram of a structured cable run, showing all panels

2.3 Cabling in Data Center Rooms


Few City agencies operate their own data centers. All work in data center facilities must be done in coordination with the data center manager(s). DoITT may require the Contractor to create a line diagram of structured cable runs showing all panels.

2.4 Agency Renovations and Relocations

City agencies schedule facility relocation and facility enhancement projects on an ongoing basis. In such cases the Contractor may be asked to project-manage cabling work and/or engage with the general contractor (GC) at various stages to rough in cabling, terminate cabling on racks in computer rooms/telecom rooms/IDFs, or terminate cabling on wall jacks inside rooms or at cubicle structures. In addition, the Contractor may oversee progress of network room builds to ensure that the rooms are in compliance with OSHA and ITU-T standards. The Contractor shall run and terminate a minimum of two network cables to every drop in an office space environment. Agencies may specify cabling colors to help identify path redundancies.

2.5 Structured Cable Maintenance Service

The Contractor may be asked (either on a one-time or a recurring basis) to maintain an existing cabling plant in a data center or a network room. In such cases, the Contractor must schedule an on-site visit and then respond to the request in no more than two (2) business days.

2.6 Installation of WiFi Access Points

WiFi Access Points (WAPs) may require mounting on walls, on ceiling tile, on black iron, or inside plenum space. Mounting on ceiling tile requires tile cutting and may require carpentry trade to cut tiles. For some projects, the Contractor or its subcontractor may be required to provide and operate a scissor lift, in order to complete cabling and installation of WAPs in high-ceiling spaces.

2.7 Deployment of VoIP Phones

In certain situations, DoITT may require the Contractor to deploy VoIP phones on users’ desks or in conference rooms, which would require the Contractor to unbox VoIP phones, drop them on the desk/conference table or mount them on walls, and connect them to the network with Ethernet cable. Such assignments would be performed under the supervision of a project manager. In most cases, VoIP phones are situated in-line between the PC and the wall jack, requiring the Contractor to disconnect the PC from the wall jack. All new VoIP phones come with a black Ethernet jumper; in some cases (when the City agency has a color requirement; or when a longer jumper is needed, as for phones deployed in conference rooms), the Contractor will be required to provide Ethernet cables as part of the deployment. The Contractor may also be required to adhere decals on phone sets in some cases. Phone sets need not be labeled.


2.8 Atomic or GPS Clocks and Cabling

The City owns and operates atomic (cesium) or GPS clocks at the following locations:

● 11 Metrotech Center, Brooklyn, NY ● 2 Metrotech Center, Brooklyn, NY ● 2 Lafayette St, New York, NY ● 450 West 33rd St, New York, NY ● 350 Marconi St, Bronx, NY ● 365 S. Randolphville, Piscataway, NJ

The Contractor may be asked to install, replace or repair antennas installed on the roof of these buildings; to install, replace or repair cabling; or to furnish, install and terminate timing references from the clocks to the network.

2.9 Surveillance Cameras and Cabling

The Contractor may be required to re-cable or replace surveillance cameras in network rooms or data centers, based on approved designs provided by DoITT. In such cases, the Contractor will only furnish and install cable, and will not procure cameras, components or surveillance systems; troubleshoot camera problems; or design, redesign or implement surveillance or security systems. No procurement, general contracting (GC), fireproofing, painting, carpentry, masonry, etc. associated with video security and surveillance or CCTV projects is authorized through this Agreement.

At the conclusion of the project, the Contractor will provide test results to DoITT.

2.10 Racking

For some projects, the Contractor may be required to rack IT equipment on racks provided by the Contractor. All equipment to be racked will be procured by the City via other contracts. The Contractor will not be permitted to login into, configure, troubleshoot, upgrade, or RMA any IT asset.

● All racks and cabinets must be properly anchored and rated and grounded in accordance with the manufacturer’s recommendations and/or specifications.

● The Contractor may be required to install patch cables from the racked equipment to a patch panel and terminate the cables at the far end.

● When authorized by an authorized representative of the City, the Contractor may be required to power up equipment by connecting power cord either to the rack PDU or to a wall outlet.

● In some cases, the Contractor may be required to provide power cords for racked equipment.

3. Standards of Performance


3.1. Personnel

The Contractor shall employ only trained and qualified personnel to perform the Services to be provided pursuant to this Contract. If, in the sole judgment of the City, any worker does not meet these standards and/or for any other lawful reason the City advises the Contractor that the worker be replaced, that worker shall be replaced immediately and shall not thereafter be assigned to perform any work required in the performance of this Contract.

All technicians providing services under the Agreement, whether subcontracted or direct employees, must be members of either the Communications Workers of America (CWA) or the International Brotherhood of Electrical Workers (IBEW) Local 3. When at a job site, all technicians assigned to a job must carry their trade union membership cards.

All technicians providing services under the Agreement, whether subcontracted or direct employees, must carry a valid OSHA-10 training card.

Services under the Agreement may be performed by non-certified technicians but must be supervised by a Certified Data Center Professional (CDCP) or by a certified cable installer.

3.2. Standards of Work

3.2.1. All work areas shall be at all times be kept clean and free from debris and shall not be used by the Contractor as a storage area for tools or supplies, other than those designated for use in the provision of services related to this Agreement. All trash and debris must be removed and safely discarded by the Contractor on daily basis at the end of the work day.

3.2.2. Power Supplies, Cable and Wire. All power supplies, cable and wiring provided pursuant to this Agreement shall be installed in compliance with all applicable codes, statutes and regulations.

All Ethernet cable for new installations under this Agreement shall be Category 5 or above.

All fiber optic cable installed pursuant to this Agreement shall be fully compliant with TIA/EIA 568. Such cable shall be installed in a manner consistent with IEEE 802.8, using a connector configuration to be designated by the City agency, and in compliance with all applicable codes, statutes and regulations.

Unless approved by a City project manager, all cables/jumpers installed pursuant to this Agreement shall be pre-connector zed cables.

3.2.3. Labeling. All work (fiber and copper cable runs, fiber and copper panels, electrical circuits, installed equipment, UPS, rack PDUs, etc.) must be properly tagged and labeled. Labeling information can be obtained from the project manager or data center manager of the City agency. If no standard exists, the


Contractor’s technicians or those of its subcontractor must label based on ANSI/TIA-606-B (or newer) standards. The City will deem incomplete any job performed without labeling.

3.3. Code Compliance Requirements

All services performed under this Agreement shall be performed in a neat and orderly fashion and shall comply with all appropriate codes, statutes and regulations, and shall conform to accepted industry installation and repair practices, and to specific practices and recommendations of the manufacturer(s) of the equipment and materials to be used. All electrical equipment installed pursuant to this Contract shall be grounded in accordance with the manufacturer’s recommendations and/or specifications.

3.4. Contract Performance

The Contractor must follow the City’s change management procedures for all services, including maintenance, inspections, upgrades, and enhancements of the City’s existing structured cabling plant.

The Contractor’s personnel, or its subcontractor’s personnel, will report site arrival and departure to the City’s project manager or the City agency’s data center manager, specifying the work performed by the Contractor’s personnel at the site and the status of the project.

A project will be considered successfully completed either:

● when an authorized representative of the City provides a completion notice to the Contractor’s project manager, either via email or in writing;

● when a project initiated by a purchase order is successfully placed into service within its intended function.

Once DoITT issues a purchase order for a procurement, the Contractor will immediately place the order with the manufacturer and will advise DoITT on the estimated times of delivery. The Contractor will keep records of the turnaround times of such orders, and will create reports on turnaround times upon request.

The Contractor will be required to comply with City standards and protocols that are in effect at project inception (i.e., standards or protocols which are either incorporated in the Agreement, provided in writing to the Contractor, or otherwise agreed to by the Contractor).

DoITT reserves the right to terminate Contractor activity on any project at any time. If a project is canceled or staff removed/reassigned, the Contractor will be paid at the project’s agreed-upon rates for services satisfactorily performed or for deliverables accepted through the termination or removal date.


4. Contractor's Responsibility

4.1 Brands and Models

All equipment provided under this Contract shall only be brands specified in the Schedule of Prices The Contractor may substitute brands different from those specified in the Schedule of Prices only with the written permission of the City; such substituted hardware shall be fully compatible with all equipment that is currently in service, and the services connected to such equipment, and equivalent both functionally and in useful life to that of the brands specified in the Schedule of Prices. Where the Contractor proposes to use brands other than those listed in the Schedule of Prices, the City may require Contractor to demonstrate to the City’s satisfaction the comparability and functionality and useful life equivalence of such hardware. All costs of testing or proof of performance shall be borne solely by the Contractor.

4.2 Equipment to be New

Except for repairs, or where the City has directed or consented otherwise, all equipment to be provided under this Contract shall be new and free from defects or liens (physical, mechanical, fiduciary, financial etc.). Where the interim use of any item which is not new was consented to by the City, the Contractor shall replace the used or refurbished item in accordance within the time agreed to by the Contractor and the City at the time of the item’s installation. Where the City consents to the permanent use of any item which is not new, the Contractor shall pass to the City any reduced price for such item.

4.3 Equipment

Title for equipment purchased under this Contract shall pass to the City upon payment. Except in cases of Repair of equipment under warranty, all equipment removed from service shall remain in the property of the City of New York. The City shall, at its sole discretion, determine its disposition. In the event of a Repair of equipment under warranty, the removed component shall become the Contractor’s property and the replacement component shall become the property of the City of New York.

5. Liaisons

The Contractor shall designate, by letter addressed to the City, one or more members of its technical staff to be the primary liaison with the City (“Technical System Representative(s)”). The Technical System Representative shall be responsible for overseeing the provisions of the Services under this Contract, and providing any other information related to this Contract as may be requested by the City.

The City shall designate by letter addressed to the Contractor one or more members of DoITT’s staff to be DoITT’s liaison with the Contractor. Such letters shall list the names, titles and telephone numbers of the persons to whom the liaison reports, up to and including the Commissioner. Wherever in this Contract a duty or responsibility is


assigned to person(s) designated by job title, that duty or responsibility may be exercised by any of the persons to whom the designated person reports.

6. Warranties

Contractor warrants that:

a) The equipment sold and any installation thereof under this Contract will, under normal use and service, be free from defects and faulty workmanship: (i) for ninety (90) days from the date of installation or; (ii) until the end of the warranty period for the Customer’s existing installation; or (iii) until the end of the Contract between the Contractor and the City (whichever is less) (“Warranty Period”). Contractor’s sole obligation and City’s sole remedy under the warranty are the replacement or Repair of the defective component, or redoing the faulty installation. Such obligation and remedy are conditioned upon: (a) the sold equipment not having been altered, mishandled or misused (including use in conjunction with equipment electrically or mechanically incompatible or of inferior quality or performance), improperly stored, operated or repaired by any party other than Contractor or; (b) the sold equipment not having been damaged by fire, explosion, power failure or any act of nature; or (c) the installation not having been performed by any party other than Contractor; and (d) notice of the defect having been received by Contractor during the Warranty Period. No portion of the sold equipment shall be returned to Contractor without the written consent of both parties. The Repair or replacement of the defective component or the re-doing of any installation shall not extend the Warranty Period. This warranty does not apply to components of the sold equipment which are normally consumed in operation or which have a normal life inherently shorter than the Warranty Period or which are manufactured by other than the Company for which the Contractor is an agent or distributor. Where equipment or other goods purchased or licensed under this Contract is manufactured by other than the Contractor, then the Contractor shall assign the Manufacturer(s) warranty (warranties) to the City to the extent permitted by the Manufacturer and shall warrant its work with respect to such equipment in accordance with the standards set forth above.

b) All parts of the rack/cabinet systems, cabling, specialized connectors and patch panels purchased and/or installed pursuant to this Contract are to be delivered free from any claims (whether for patent or copyright infringement or the like), liens or encumbrances of any kind.

c) In the event of any breach of this Contract by the Contractor which shall continue thirty (30) or more days after written notice of such breach (including a reasonably detailed statement of the nature of such breach) shall have been given to the Contractor by the City, the City shall have the right to either terminate this Contract by providing written notice thereof to the Contractor and/or to avail itself of any and all remedies available at law or equity.


d) The Contractor shall not be liable for any damage(s) resulting from the City’s use of the equipment provided under this Agreement in combination with other equipment that the equipment provided by the Contractor is not designed to operate with. Upon the City’s request, the Contractor shall provide specifications of equipment that its equipment is designed to operate in combination with.

e) In the event that the City fails to pay the charge for Service or additional services when due, the Contractor shall have the right to suspend its performance under this Contract upon providing written notice thereof to the City and/or to terminate this Contract if the City has not paid to the Contractor all amounts due the Contractor within forty-five (45) days of Contractor’s written notice thereof.

f) In the event this Contract is terminated by either party, neither party shall have further obligations to the other party except that the Contractor shall refund to the City any portion of the charge paid for Service for the period subsequent to the effective date of termination less any amounts then due Contractor for Service and/or claim for additional services performed prior to such termination. Termination of this Contract shall not constitute a waiver by the Contractor for any amounts due the Contractor at the time of termination.

g) THE WARRANTIES AND REMEDIES SET FORTH ABOVE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THIS CONTRACT AND THE CITY’S EXCLUSIVE REMEDIES IF SUCH WARRANTIES ARE BREACHED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARE EXCLUDED FROM THIS CONTRACT. THE CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER FOR ANY BREACH OF THIS CONTRACT OR FOR ANY ACTION ARISING THEREUNDER.

7. Pricing

Prices charged by Contractor under this Contract for items for which there is no proposed price shall not be greater than the Contractor's Most Favored Customer Price. If the Contractor's then-current price for any such item under this Contract is lower than the Most Favored Customer Price then: (a) the Contractor shall promptly notify the City in writing of such charge, and (b) such charge shall, without further action of the parties, convert to such lower price from the time such lower price became the Contractor's Most Favored Customer Price to the conclusion of the then-current Contract Year (as defined below).

8. Billing

Contractor shall not bill any amount above the Unit Price for the Service requested, nor shall Contractor un-bundle or bill separately any constituent part of the labor, parts, or material required to perform any Service described in this Contract.

9.1 Labor Charges


There shall be no separate labor charge for any Service to be provided pursuant to this Contract at a fixed price. Labor charges shall be the Contractor’s charges as set forth in the Schedule of Prices and shall be limited to working hours spent at the Site and shall not include travel time. Portion of hours worked shall be billed in quarter hour increments. All hours worked will be paid in accordance with the pricing in the Schedule of Prices for the staff member’s labor category.

9.2 Charges for Repairs or Replacement of Equipment

Charges for equipment supplied by the Contractor for purposes of Repair or replacement shall be in accordance with the Schedule of Prices.

● The Contractor shall not bill the City for Repairs performed on equipment within ninety (90) days of its installation.

● The Contractor shall not bill the City for Repair Service for any equipment under warranty.

9.3 Payment for Overtime Work

Overtime rates shall apply solely to labor charges for service to be performed outside of Regular Business Hours and shall in no event be applied to charges for equipment. The determination of whether service must be performed outside Regular Business Hours shall be made by the City, which shall approve in advance the number of Contractor's employees to be used. Labor charges shall be the Contractor’s charges as set forth in the Schedule of Prices. Overtime charges shall be limited to time spent working outside of Regular Business Hours and no charge shall be made for travel time or travel expense. Service performed on a holiday observed by the Contractor but not the City shall not be considered overtime work.

9.3.1. Audit and Post-Audit

All invoices presented for payment and the books, records and accounts upon which those invoices are based shall be subject to audit by the Department and post- audit by the Comptroller.

9.3.2. Payment for Service

Payment will be budgeted by the City over time periods designated as "Contract Years". The period from the date specified in the Notice to Proceed to one (1) year thereafter shall be deemed "Contract Year One". Succeeding Contract Years shall be the annual periods commencing as of the close of the preceding Contract Year.

9.3.3. Authorized Expenditures

Subject to the provision described in “Executory Provision” below, the annual price for all expense budget Services provided pursuant to this Contract shall be established by


the Price Proposal Workbook. The cost limitation for capital expenditures procured under this Contract, if any, shall be established by the Budget Director's Certificate.

9.3.4. Executory Provision

The Contract shall be deemed executory only to the extent of the monies appropriated and made available for the Contract and the liability on account thereof. It is understood that neither the Contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the Contract.

9.3.5. Increase in Authorized Expenditures

Where, in order to more fully and perfectly carry out and complete the purposes of the Contract, the Commissioner determines that (a) extra work, supplies, materials or equipment are required, and/or (b) the quantities of goods or Services must be increased due to circumstances not reasonably predictable at the time the Contract is signed, then the annual price set forth in the solicitation or the maximum price in the Budget Director's Certificate may be increased. However, any change which results in a net change in Price which exceeds 10% of the annual Price of the Contract Year shall first be authorized by the appropriate City official(s).

9. Responsibilities

10.1 Contractor Responsibilities

General

10.1.1. The Contractor will designate one of its team members to the role of project manager for each project. The project manager will report to a City project manager and will be responsible for the following activities:

a. Maintain control over the work duties, schedule, budget and performance of the Contractor’s team members on City projects, including all subcontractors;

b. Provide reports on all material project events. The format of, and the means for, distributing all reports will be agreed upon at the beginning of the project;

c. Attend status meetings held in City of New York offices; and, d. Possess overall responsibility for the success of the projects that

make up the engagement. 10.1.2. The Contractor will be responsible for internal quality control of all

deliverables, which should be prepared according to City standards in place at project inception. The final determination of the acceptance of deliverables lies with the City’s project manager;

10.1.3. The Contractor will maintain responsibility for its own administrative support. The City will not provide such support, associated materials, or accept billing for these services;


10.1.4. The Contractor will be responsible for all research aimed at providing solutions for City requirements. The City will not pay for such research.

10.1.5. The Contractor must provide its staff, at no cost to the City, with all materials, training, certification, equipment, transportation, tools, personal protective equipment (PPE), site supervision, and other items or services required to complete assessments or solutions, including PCs and Microsoft Professional Office Suite software. The Contractor must ensure that technicians have PPE when working and are routinely trained as per OSHA and other safety and regulatory authority requirements. When at a service site, all workers must wear boots (when working with or around electrical circuits, workers must wear electrical hazard boots), reflective vests, and hard hats (when working with or around electrical circuits, workers must wear ANSI Z89.1 [or newer] hardhats). At certain job sites, the Contractor may be required to display OSHA required signage.

10.1.6. The Contractor will possess at least the minimum insurance as outlined in Appendix A.

10.1.7. The Contractor will possess: 1. A staffed facility located within 25 miles of the nearest boundary

of the New York City area, AND 2. A staging facility located within 25 miles of the nearest boundary

of the New York City area, with at least five (5) Field Engineers (FEs) or technicians who report to the staffed facility and provide support under the Agreement.

10.1.8. The Contractor will review the existing information about eGovernment activities in New York City to understand the City’s eGovernment standards, protocols, and technical enterprise architecture;

10.1.9. The Contractor will conform in full to the City's, DoITT’s and the City agencies’ administrative rules, regulations, policies, technical standards, security policies and procedures, web page design guidelines and privacy policies, and adhere to ADA compliance as defined by Section 508 (29 U.S.C ‘794d); and

10.1.10. The Contractor is required to execute a non-disclosure agreement (Attachment C: Non-Disclosure Agreement) as a condition of contract award.

10.1.11. The Contractor shall take all necessary and appropriate steps to determine that staff performing work under the Contract has all applicable Federal, State or Local authorizations for employment, and that such eligibility shall be maintained at all times that such individual is engaged by the Contractor under the Contract to gain access to any City facilities, information systems or data contained therein.

Assignment

10.1.12. The Contractor’s team for each project will: a. Perform internal quality assurance reviews before submitting all

deliverables;


b. Identify issues requiring the attention of DoITT and assist in the management of their resolution.

10.1.13. The City must approve any changes in key or expert staff assigned to City projects before such changes are planned or made. The Contractor shall replace unplanned departures within three work days, unless the City and the Contractor agree upon a different timeframe. The City reserves the right to direct the Contractor to promptly replace any staff whose services it deems unsatisfactory. Proposed replacement staff are subject to preapproval in writing by the City, and the City shall have the right to interview the candidate(s) at no cost, upon request. The proposed replacement must have the skills and level of experience comparable or superior to the person being replaced and be provided at the same or lower daily rate. In addition, the Contractor shall not charge the City for the replacements’ learning curve, if any; and, in the event key or expert staff is replaced in accordance with any of the foregoing provisions, then upon the City’s request the Contractor is required, at no additional cost to the City (i.e., only charging for one staff resource), to provide a reasonable overlap period (which shall be one week, unless the City and the Contractor agree upon a different time) when both the original and the replacement are working on the project together.

10.1.14. The personnel performing the services under the Contract will be employees or independent contractors of the Contractor and will not be employees or independent contractors of DoITT or the City. The Contractor shall be solely responsible for their acts, personal conduct, and quality of work performance, and shall also be solely responsible for payment of wages and compensation, providing fringe benefits, if any, insurance, and the withholding of taxes and such other appropriate charges to the employee’s earnings. In addition, the Contractor shall be solely responsible to these personnel for all other terms and conditions of employment, if any. The Contractor’s policies with respect to conduct, work performance, and attendance shall be in accordance with reasonable and lawful labor practices.

10.1.15. For services performed at City-provided facilities, the individuals thus assigned shall at a minimum, unless otherwise agreed in writing by DoITT, be expected to be present during Regular Business Hours. The eight-hour work day includes one unpaid hour for meals. Unless specified elsewhere in this Agreement, or agreed upon by DoITT, all service shall be performed during Regular Business Hours. No on-site staff provided under this Contract may be allowed to work at any City agency for more than thirty-five (35) hours per week without prior written approval from an authorized representative of DoITT. Overtime is not anticipated but provisions to work additional hours as required to satisfy project requirements or in the case of an emergency must be accommodated. The Contractor will note and record the scheduled hours of work requested by DoITT for each staff member.

10.1.16. The Contractor is responsible for informing DoITT of lateness, illness, and/or holidays in advance where possible.


10.1.17. The Contractor will ensure that staff is notified of start times, confidentiality and security policies, and all other relevant information and requirements pertaining to the assignment.

10.1.18. The Contractor’s staff must sign in and out when reporting to the City job site, if requested by DoITT.

10.1.19. The Contractor must ensure that the work hours of its staff and scope of each engagement are closely tracked.

10.1.20. Upon the City’s request, the Contractor shall provide, for the City’s review and approval, any materials regarding the Contract that were distributed by the Contractor to its staff for training purposes.

10.1.21. The Contractor will make every reasonable effort to resolve any conflicts that may arise with City agencies.

10.1.22. All documentation provided by the City to the staff to assist in their efforts shall be returned upon request to DoITT when the project assignment has been completed.

10.1.23. The Contractor will ensure that all access cards and other materials, equipment and/or devices issued for the duration of the assignment are returned to the issuing agency. Final payment may be withheld until surrendered.

Timesheets/Invoices

10.1.24. The Contractor will submit monthly invoices to DoITT. Lunch or mealtime must not be included in the number of billable working hours, nor holidays, vacations, or sick leaves taken by staff during the engagement. Work performed over a weekend or Holiday must be pre-approved by DoITT, if any, authorized to be provided after regular work hours, on weekends, or on Holidays are billable at the standard daily rate established for the work assignment. Timesheets associated with the time period of the invoice should be submitted with the invoice.

10.1.25. In accordance with the Office of the Comptroller’s Directive 31 (Special Audit Procedures for Information Technology Consulting), the Contractor must provide, with its monthly invoice, original documentation of the Total Compensation of personnel (i.e., payroll runs) for the City to verify compliance with the Total Compensation and Personnel Markups agreed to in the Agreement.

10.1.26. The Contractor shall instruct staff to comply with DoITT’s timekeeping policies, which may require that staff submit weekly timesheets, with each employee’s hours and rate detailed, to their supervisor or designee for approval. Staff may also be required to enter work times into a City designated application for the purpose of utilization reporting.

10.1.27. Timesheets must be approved by the Contractor and submitted to DoITT for review within a reasonable time frame from the date of work performance, but no longer than one month, unless extraordinary circumstances arise and DoITT’s contract manager documents in writing the


necessity for, and approves, an extension. All timesheets should include the following information:

● Reasonably detailed narrative descriptions of all work done each day by each staff member, tied to a specific, trackable Contract activity or deliverable, and rounded to the nearest quarter hour;

● Lunch hours or other work breaks; ● Work locations for each project or activity; and ● Certifications by the staff member and by his/her on-site supervisor.

Certification by off-site supervisors is only permitted in the case of the highest level staff member on site. If work is not conducted on-site, or a staff member has no on-site supervisor, the agency official responsible for managing that staff member must certify the staff member’s timesheet, attesting at a minimum that he or she has regularly observed or communicated with the staff member during the period and believes the time reported reasonably corresponds to the effort and/or progress made during that period.

Failure of the Contractor to review and correct said timesheets may result in adjustments of said timesheets by DoITT’s contract manager, and reductions in fees payable to the Contractor.

10.1.28. It will be the exclusive responsibility of the Contractor to administer its employee payroll. DoITT shall not be responsible for the distribution of the consultant’s paycheck or related material.

10.2 DoITT Responsibilities

10.2.1. DoITT will serve as the primary point of contact for the Contractor and will own and manage the Contract.

10.2.2. DoITT will respond to the Contractor’s written questions. 10.2.3. DoITT will assign a project manager and/or a staff member to act as a

liaison and as primary contact for the Contractor’s staff. The agency MIS director or designee will supervise and respond to all technical and administrative questions for the Contractor’s staff;

10.2.4. DoITT’s project manager shall insure that Contractor project teams are provided with documentation and other information requested by the Contractor as reasonably needed by such project teams in their delivery of services.

10.2.5. DoITT or another City agency will provide appropriate access to facilities and arrange workspace as needed for the Contractor’s staff at City locations. The Contractor should assume that basic requirements (i.e., desk space, basic day-to-day photocopying, etc.) will be provided by DoITT for on-site staff.

10.2.6. DoITT will brief the Contractor’s staff on agency rules and procedures. As reasonably requested by the Contractor, DoITT’s project manager will (as necessary, in consultation with DoITT staff) make available to Contractor’s project teams City management and information technology staff knowledgeable regarding the City’s systems.


10.2.7. DoITT’s project manager is responsible for the acceptance of deliverables. Final acceptance of a system shall not occur until such system has operated in its intended production environment for a period of at least thirty (30) consecutive days without a significant failure or interruption for which the Contractor is responsible.

10.2.8. DoITT is responsible for reviewing and approving staff timesheets and for receiving and paying the Contractor’s invoices; however, this does not relieve the Contractor of its independent responsibility for ensuring the integrity of the timesheets that are submitted by the staff that it provides;

10.2.9. DoITT is required to examine all Timesheets prepared or submitted by the Contractor to verify compliance with the Total Compensation and Personnel Markups agreed to in the Agreement, as required by the Office of the Comptroller’s Directive 31 (Special Audit Procedures for Information Technology Consulting).

10.2.10. DoITT will make every reasonable effort to resolve any conflicts that may arise with the Contractor or its staff;

10.2.11. As needed, DoITT will provide the Contractor with strategic direction and any other information that could assist Contractor;

10.2.12. As needed, DoITT will make available to the Contractor City staff and other City management and information technology staff knowledgeable in the City's systems and business practices;

C. Agency Assumptions Regarding Payment Structure The Agency’s assumptions regarding the performance-based payment structure that will most likely assure that the Contractor will perform the work under the contract awarded from this RFP in a manner that is cost-effective for the Agency and most likely to achieve the Agency’s goals and objectives set out above, is as follows:

● daily fees; line- item reimbursements; fixed fees; performance/ outcome based payments

D. Participation by Minority-Owned and Women-Owned Business Enterprises in City

Procurement

If the contract resulting from this Request for Proposals will be subject to M/WBE participation requirements under Section 6-129 of the Administrative Code of the City of New York, as indicated by the inclusion of Schedule B – M/WBE Utilization Plan (Attachment H) and the Participation Goals indicated in Part I thereof, proposers must complete the Schedule B – M/WBE Utilization Plan and submit it with their proposal. Please refer to the Schedule B – M/WBE Utilization Plan and the Notice to All Prospective Contractors (Attachment G) for information on the M/WBE requirements established for this solicitation and instructions on how to complete the required forms. If the proposer intends to seek a full or partial waiver of the Participation Goals on the grounds described in Section 10 of the Notice to All Prospective Contractors, including but not limited to, proposer’s intention to use its own forces to perform


any or all of the required contract work would result in a failure to attain the Participation Goals, the proposer must request and obtain from the Agency a full or partial waiver of the Participation Goals (M/WBE Utilization Plan, Part III) in advance of proposal submission and submit the waiver determination with the proposal. Please note that if a partial waiver is obtained, the proposer is required to submit a completed Schedule B-M/WBE Utilization Plan based on the revised Participation Goals in order to be found responsive.

E. Compliance with Local Law 34 of 2007

Pursuant to Local Law 34 of 2007 that amended the City's Campaign Finance Law, the City established a computerized database containing the names of any "person" that has "business dealings with the city" as such terms are defined in the Local Law. In order for the City to obtain necessary information to maintain the database, vendors responding to this solicitation are required to complete the attached Doing Business Data Form (DBDF) (Attachment K) and return it with this -proposal. (If the responding vendor is a proposed joint venture, the entities that comprise the proposed joint venture must each complete a DBDF.) If the City determines that a vendor has failed to submit a DBDF or has submitted a DBDF that is not complete, the vendor will be notified by the Agency and will be given four (4) calendar days from receipt of notification to cure the specified deficiencies and return a complete DBDF to the Agency. Failure to do so will result in a determination that the proposal is non-responsive. Receipt of notification is defined as the day notice is e-mailed or faxed (if the vendor has provided an e-mail address or fax number), or no later than five (5) days from the date of mailing or upon delivery, if delivered.

New for 2018: Organizations which hold 10% or more ownership of the entity must now be reported. Beginning in January 2018, an entity must submit a DBDF that certifies whether one or more organizations own or control 10% or more of the entity. Until such a DBDF has been received by Doing Business Accountability, a DBDF submitted with a filing status of No Change will not be accepted. To determine if Doing Business Accountability has received such a certification from your entity, contact [email protected] or at 212-788-8104. See the Doing Business Data Form Q&A (Appendix D).

F. Prevailing Wage Requirements

Any work within the scope of services of this contract involving construction trades will require compliance with NYS Labor Law 220 as to the construction trade work. Any work within the scope of services of this contract involving building service occupations will require compliance with NYS Labor Law 230 as to the building services work. The provisions of the NYC Living Wage Law [Admin Code 6-109] will apply to any work within the scope of services of this contract in any of the applicable areas of employment: day care services, food services, Head Start services, homecare services, services to persons with Cerebral Palsy, building services and temporary services. When federal funding is utilized for this contract any work involving construction trades would also be subject to the requirements of the US Davis- Bacon Act. When federal funding is utilized for this contract any work involving service occupations may be subject to the US McNamara-O’Hara Service Contract Act.


The Contractor is responsible for complying with all subsequent Section 220/230 wage rates in effect during the term of the Agreement, and should consider this in determining its prices. The Contractor will be paid by the City in accordance with the prices contained in this RFP throughout the life of the contract, regardless of changes in the Section 220 and 230 wage rates.

The Section 220 Prevailing Wage schedule for July 1, 2018 to June 30, 2019 and the Section 220 Apprentice Prevailing Wage schedule for July 1, 2018 to June 30, 2019 are included as Appendix C. Updated prevailing wage schedules, certified payroll report and instructions can be found at the following websites of the NYC Office of the Comptroller:

http://comptroller.nyc.gov/general-information/prevailing-wage/ (prevailing wage schedules);

http://comptroller.nyc.gov/wp-content/uploads/2013/07/labor_law_payroll_form_2009.pdf (payroll report form and instructions).

The contractor is advised that adherence to Labor Law 220 and 230 will be strictly monitored and enforced.

In accordance with Executive Order 102, Contractor shall complete and sign a pre-award statement concerning wage requirements; and, shall require that any subcontractors performing work estimated to exceed $250,000 sign such statement.

G. Compliance with the Iran Divestment Act

Pursuant to State Finance Law Section 165-a and General Municipal Law Section 103-g, the City is prohibited from entering into contracts with persons engaged in investment activities in the energy sector of Iran. Each proposer is required to complete the attached Certification of Compliance with the Iran Divestment Act, certifying that it is not on a list of entities engaged in investments activities in Iran created by the Commissioner of the NYS Office of General Services. If a proposer appears on that list, the Agency will be able to award a contract to such proposer only in situations where the proposer is takings steps to cease its investments in Iran or where the proposer is a necessary sole source. Please refer to Attachment I for information on the Iran Divestment Act required for this solicitation and instructions on how to complete the required form and to http://www.ogs.ny.gov/About/regs/ida.asp for additional information concerning the list of entities.

H. HIRENYC and Reporting Requirements

The Hiring and Employment Rider shall apply to contracts valued at $1 million or more for all goods, services and construction except human services contracts that are subject to the Public Assistance Hiring Commitment Rider. The Rider describes the Hire NYC process and obligations, including reporting requirements throughout the life of the contract. The Hire NYC process requires contractors to enroll with the Hire NYC system within thirty days after the registration of the contract subject to this solicitation, to provide information regarding all entry to mid-level job opportunities arising from this contract and located in New York City, and to agree to

http://www.ogs.ny.gov/About/regs/ida.asp


interview qualified candidates from HireNYC for those opportunities. The Rider also includes reporting requirements unrelated to HireNYC. (See Attachment J)

I. Procurement and Sourcing Solutions Portal (PASSPort) Disclosure Filing (formerly

known as Vendor Information Exchange System [VENDEX] Forms or Certificate of No Change)

All organizations intending to do business with the City of New York should complete an online disclosure process to be considered for a contract. This disclosure process was formerly completed using Vendor Information Exchange System (VENDEX) paper-based forms. In anticipation of awards, proposers must create online accounts in the new Procurement and Sourcing Solutions Portal (PASSPort) and file all disclosure information. Paper submissions, including certifications of no changes to existing VENDEX packages, will not be accepted in lieu of complete online filings. For more information about PASSPort, please visit nyc.gov/passport


SECTION IV - FORMAT AND CONTENT OF THE PROPOSAL

Instructions: Proposers should provide all information required in the format below. The proposal should be typed on both sides of 8 ½" X 11” paper. The City requests that all proposals be submitted on paper with no less than 30% postconsumer material content, i.e., the minimum recovered fiber content level for reprographic papers recommended by the United States Environmental Protection Agency (for any changes to that standard please consult: http://www.epa.gov/cpg/products/printing.htm). Pages should be paginated. The proposal will be evaluated on the basis of its content, not length. In addition, proposers should submit a CD-ROM containing an electronic copy of all hardcopy documents submitted in response to this RFP. Failure to comply with any of these instructions will not make the proposal non-responsive.

A. Proposal Format

1. Proposal Cover Letter

The Proposal Cover Letter form (Attachment A) transmits the proposer’s Proposal Package to the Agency. It should be completed, signed and dated by an authorized representative of the proposer.

2. Technical Proposal

The Technical Proposal is a clear, concise narrative which addresses the following:

a. Experience

Describe the successful relevant experience of the proposer, each proposed subcontractor if any, and the proposed key staff in providing the work described in Section III of this RFP. (Specifically address the following:

● State the Proposer’s number of years of experience in the field of structured cabling, and its number of continuous recent years of such experience.

● Describe the Proposer’s experience with standards-based cabling for both Top of Rack (ToR) and End of Row (EoR) configurations within the last year.

● Describe the Proposer’s experience in implementing the Application Centric Infrastructure (ACI) and Software Defined Networking (SDN) approaches to network programmability on projects within the last year.

In addition:

● Attach a listing of at least five (5) relevant references, including the name of the reference entity, a brief statement describing the relationship between the proposer or proposed subcontractor, as applicable, and the reference entity, and the name, title and telephone number of a contact person at the reference entity, for the proposer and each proposed subcontractor if any. The Proposer should include:

http://www.epa.gov/cpg/products/printing.htm

http://www.epa.gov/cpg/products/printing.htm


❏ at least one (1) reference for which the Proposer provided cable maintenance service for a contract value of $1M or more within the last five (5) years;

❏ at least one (1) reference where the Proposer completed a project-based cabling job for a contract value of $1M or more within the last five (5) years;

❏ at least one (1) reference for a Next Gen Data Center deployment done within the last five (5) years;

❏ if available, at least one (1) reference from a customer with which the Proposer had a structured cable contract for two (2) or more years with a value of at least $500K per year, that was renewed after the successful completion of the contract term.

The Proposer may satisfy two or more of the above requirements with the same reference. However, the Proposer must provide a total of five references.

● Minimum Qualification Requirements of this RFP. Attach the following documents as proof of meeting the requirements. Proposals that fail to meet all of these requirements will be rejected. ❏ A original letter, signed by an officer of the Proposer’s company and dated later

than the release date of this solicitation document, attesting that the Proposer (including its subcontractors) employs:

at least two (2) employees with Certified Data Center Professional (CDCP) certifications. Copies of the employee’s CDCP certifications must be attached;

seven (7) cable installers with one of the following certifications: SCTE, ISBE, CNCI, CTDC for TIA-942, CDCTP, CCTT, CPCT. Copies of the employee’s cable certifications must be attached.

● Attach for each key staff position a resume and/or description of the qualifications that will be required. In addition, provide a statement certifying that the proposed key staff positions will be available for the duration of the project.

b. Organizational Capability

Demonstrate the proposer’s organizational (i.e. technical, managerial and financial) capability to provide the work described in Section III. Specifically address the following:

● Describe the Proposer’s ability to provide the services described in this RFP within the New York City area in a timely and efficient manner.

● Describe the Proposer’s ability to provide adequate staff (either direct hires or through subcontractors) sufficient to perform high-quality and timely work on multiple simultaneous City projects. Take into account the requirement for staff with CWA or IBEW (Local 3) union membership.

● Indicate whether parts of the services proposed are to be provided by a subcontractor. In this case, describe the Proposer’s relationship with the proposed subcontractor and the subcontractor’s role during this engagement.

In addition:


● Attach a chart showing where, or an explanation of how, the proposed services will fit into the proposer’s organization.

● Attach a copy of the proposer’s latest audit report or certified financial statement, or a statement as to why no report or statement is available.

c. Proposed Approach

Describe in detail how the proposer will provide the work described in Section III of this RFP and demonstrate that the proposer’s proposed approach will fulfill the Agency’s/Department’s goals and objectives. Specifically address the following:

● Provide a proposed project staffing roster and position descriptions (roles/responsibilities) for anticipated staffing needs over the duration of this contract. The City reserves the right to screen and approve or deny all resources assigned to this engagement. The Contractor shall ensure that all resources engaged in this effort are experienced in providing the specific services requested and that all work provided is free from defects in materials or workmanship.

● Discuss the Proposer’s approach to resolving disagreements that may arise with DoITT or City agencies. Include a description of escalation procedures.

● Describe the Proposer’s approach to tracking and reporting on work performed for the City.

● Describe the Proposer’s timekeeping and invoicing methods. The Agency’s assumptions regarding contractor approach represent what the Agency believes to be most likely to achieve its goals and objectives. However, proposers are encouraged to propose an approach that they believe will most likely achieve the Agency’s goals and objectives. Proposers may also propose more than one approach. However, if an alternative approach affects other areas of the proposal such as experience, organizational capability or price, that alternative approach should be submitted as a complete and separate proposal providing all the information specified in Section IV of this RFP.

3. Price Proposal

Proposers are encouraged to propose innovative payment structures. The Agency reserves the right to select any payment structure that is in the City’s best interest. For the purposes of comparison, proposers should submit a Price Proposal that meets the standards of Sections IV(3)(a) and IV(3)(b), below.

a. Proposed Pricing

The Price Proposal should include each of the following for providing the work described in Section III of this RFP:

● Unit Prices for the Purchase of Equipment. In Schedule of Prices 1, Bidder shall give discounts off of Manufacturer List Price for the purchase of equipment. All equipment must be NEW except where the City has specified that Refurbished equipment may be


bid. Unless otherwise specified, do not include any labor charges or hardware necessary for installation.

● Unit Prices for Labor. In Schedule of Prices 2, Bidders shall list labor charges, as applicable, for performance of cabling-related services pursuant to Section 2. Include Total Compensation and Personnel Markup in the format prescribed in the Schedule of Prices. Daily Bill Rates (which equal the daily Total Compensation with the Personnel Markup applied) may be subject to negotiations.

● A separate documentation of the cost components in the Personnel Markup that the Proposer specified in Schedule of Prices 2. For purposes of establishing uniform contract cost reporting and audit procedures, City agencies are required by the Office of the Comptroller’s Directive 31 (Special Audit Procedures for Information Technology Consulting) to document the cost components that may be covered by Personnel Markups, which could include customarily defined overhead and general expenses, taking into account the employer’s share of payroll taxes, where applicable, and profit. Information provided to the City related to the Proposer’s Personnel Markup calculations, such as wage or profit analysis models, will be deemed proprietary and treated as confidential.

● The proposed rate for each component of the contract’s performance-based payment structure proposed in Section IV(3)(b), below.

The Contractor’s grand total bid amount shall be the sum of its bids for each category.

“Unit Price” shall mean a fixed charge per service requested, increment of labor, or item of equipment purchased. In cases where the Schedule of Prices contains more than one price for a service, increment of labor, or item of equipment, DoITT has the option to utilize the price which is preferable to the City.

The City makes no representation as to the quantity of items or Services that may be purchased from or provided under this Contract. The estimated amounts of units listed in this RFP are a reasonable approximation of the amounts of units that may be ordered under this Contract, but they are set forth for bidding purposes only. Under no circumstances will the Department of Information Technology and Telecommunications be compelled or required to order any particular quantity of units or types of units nor will it be limited by the quantities listed. Total usage of units and/or types of units ordered will be determined by the amounts and types actually required during the course of this Contract.

b. Performance-Based Payment Structure

List and describe proposed performance-based payment components (i.e., specific performance-based outcome measures and related financial incentives and/or disincentives, unit payments tied to outcomes, milestone payments tied to outcomes, and/or liquidated damages tied to outcomes) for providing the work to be performed by the proposer under the contract that could potentially be applied to the contract, in whole or part, as a reliable means for measuring and paying for success, as described in Section III of this RFP. The Agency’s


assumptions regarding performance-based payment structure represents what the Agency believes will most likely achieve its goals and objectives. However, proposers are encouraged to propose measures, incentives and disincentives that they believe will most likely achieve the Agency’s goals and objectives in a cost-effective manner. Proposers may also propose more than one approach. While the proposer’s proposed performance-based payment components may not be scored by the Agency’s Evaluation Committee, they will be considered by the Agency in awarding the contract and structuring its payments to contractors.

4. Acknowledgment of Addenda

The Acknowledgment of Addenda form (Attachment B) serves as the proposer’s acknowledgment of the receipt of addenda to this RFP which may have been issued by the Agency prior to the Proposal Due Date and Time, as set forth in Section I (D), above. The proposer should complete this form as instructed on the form.

B. Proposal Package Contents (“Checklist”)

The Proposal Package should contain the following materials. Proposers should utilize this section as a “checklist” to assure completeness prior to submitting their proposal to the Agency.

1. A sealed inner envelope labeled “Program Proposal,” containing one original set of the documents listed below in the following order:

● Proposal Cover Letter Form (Attachment A) ● Technical Proposal

○ Narrative (__) ○ Proposer Qualifications, including references for the proposer and, if applicable,

each subcontractor, with all requested attachments for each reference (Attachment D) (__)

○ Minimum Qualification Requirements of this RFP. Proposals that fail to meet all of these requirements will be rejected.

■ Employee Certifications and Letter (__) ○ Resumes and/or Description of Qualifications for Key Staff Positions (__) ○ Organizational Chart (__) ○ Audit Report or Certified Financial Statement or a statement as to why no report

or statement is available (__) ● Acknowledgment of Addenda Form (Attachment B) ● Local Office and Staging Facilities Locations form (Attachment E) (__) ● Iran Divestment Certification (Attachment I) ● Affirmation of Paid Taxes (in Appendix A) ● Certification by Insurance Broker or Agent (in Appendix A) ● One (1) CD-ROMs or USB flash drives containing an electronic copy of the Minimum

Qualifications and Technical Proposal 2. A separate sealed inner envelope labeled “Price Proposal” containing one original set of the Price Proposal:


● Price Proposal Form (Attachment F) (___) ● Proposed Performance-Based Payment Structure ● One (1) CD-ROMs or USB flash drives containing an electronic copy of the Price Proposal

3. All proposals must contain a third sealed inner envelope labeled “Doing Business Data Form” containing an original, completed Doing Business Data Form (see Attachment K).

5. A sealed outer envelope, enclosing the three sealed inner envelopes. The sealed outer envelope should have two labels containing:

● The proposer’s name and address, the Title and PIN # of this RFP and the name and telephone number of the Proposer’s Contact Person.

● The name, title and address of the Authorized Agency Contact Person.


SECTION V - PROPOSAL EVALUATION AND CONTRACT AWARD PROCEDURES

A. Evaluation Procedures

All proposals accepted by the Agency will be reviewed to determine whether they are responsive or non-responsive to the requisites of this RFP. Proposals that are determined by the Agency to be non-responsive will be rejected. The Agency’s Evaluation Committee will evaluate and rate all remaining proposals based on the Evaluation Criteria prescribed below.

The Agency's evaluation committee will review and rate each technical proposal. The proposals will be ranked in order of highest to lowest technical score and the agency will establish a shortlist through a natural break in scores. The price proposals of the short-listed vendors will then be opened and reviewed by the evaluation committee.

B. Evaluation Criteria

Demonstrated quantity and quality of successful relevant experience. 50%

Demonstrated level of organizational capability. 20%

Quality of proposed approach. 30%

C. Basis for Contract Award

A contract will be awarded to the responsible proposer whose proposal is determined to be the most advantageous to the City, taking into consideration the price and such other factors or criteria which are set forth in this RFP. The Agency reserves the right to conduct site visits and/or interviews and/or to request that proposers make presentations and/or demonstrations, as the Agency deems applicable and appropriate. Although discussions may be conducted with proposers submitting acceptable proposals, the Agency reserves the right to award contracts on the basis of initial proposals received, without discussions; therefore, the proposer’s initial proposal should contain its best technical and price terms. Based on the final technical scores of the proposals, after any oral presentations, discussions and/or technical Best and Final Offers, if applicable, have been held, the Agency will establish a shortlist through a natural break in scores, and those proposals still under consideration for award will be ranked in order of lowest price per technical point, which shall be calculated by dividing the proposed price (or Best and Final Offer price, if applicable) by the final technical score. Contract award shall be subject to the timely completion of contract negotiations between the Agency and the selected proposer(s).


SECTION VI - GENERAL INFORMATION TO PROPOSERS

A. Complaints. The New York City Comptroller is charged with the audit of contracts in New York City. Any proposer who believes that there has been unfairness, favoritism or impropriety in the proposal process should inform the Comptroller, Office of Contract Administration, 1 Centre Street, Room 1005, New York, NY 10007; [email protected], or at (212) 669-2323. In addition, the New York City Department of Investigation should be informed of such complaints at its Investigations Division, 80 Maiden Lane, New York, NY 10038; the telephone number is (212) 825-5959.

B. Applicable Laws. This Request for Proposals and the resulting contract award(s), if any, unless otherwise stated, are subject to all applicable provisions of New York State Law, the New York City Administrative Code, New York City Charter and New York City Procurement Policy Board (PPB) Rules. A copy of the PPB Rules may be obtained by contacting the PPB at (212) 788-0010 or at: http://www.nyc.gov/html/mocs/ppb/html/home/home.shtml.

C. General Contract Provisions. Contracts shall be subject to New York City’s general contract provisions, in substantially the form that they appear in “Appendix A—General Provisions Governing Contracts for Consultants, Professional and Technical Services” or, if the Agency utilizes other than the formal Appendix A, in substantially the form that they appear in the Agency’s general contract provisions. A copy of the applicable document is available through the Authorized Agency Contact Person.

D. Contract Award. Contract award is subject to each of the following applicable conditions and any others that may apply: New York City Fair Share Criteria; New York City MacBride Principles Law; submission by the proposer of the requisite New York City Department of Business Services/Division of Labor Services Employment Report and certification by that office; submission by the proposer of the requisite VENDEX Questionnaires/Affidavits of No Change and review of the information contained therein by the New York City Department of Investigation; all other required oversight approvals; applicable provisions of federal, state and local laws and executive orders requiring affirmative action and equal employment opportunity; and Section 6-108.1 of the New York City Administrative Code relating to the Local Based Enterprises program and its implementation rules.

E. Proposer Appeal Rights. Pursuant to New York City’s Procurement Policy Board Rules, proposers have the right to appeal Agency non-responsiveness determinations and Agency non-responsibility determinations and to protest an Agency’s determination regarding the solicitation or award of a contract.

F. Multi-Year Contracts. Multi-year contracts are subject to modification or cancellation if adequate funds are not appropriated to the Agency to support continuation of performance in any City fiscal year succeeding the first fiscal year and/or if the contractor’s performance is not satisfactory. The Agency will notify the contractor as soon as is practicable that the funds are, or are not, available for the continuation of the multi-year contract for each succeeding City fiscal year. In the event of cancellation, the contractor will be reimbursed for those costs, if any, which are so provided for in the contract.

G. Prompt Payment Policy. Pursuant to the New York City’s Procurement Policy Board Rules, it is the policy of the City to process contract payments efficiently and expeditiously.

H. Prices Irrevocable. Prices proposed by the proposer shall be irrevocable until contract award, unless the proposal is withdrawn. Proposals may only be withdrawn by submitting a written request to the Agency prior to contract award but after the expiration of 90 days after the opening of proposals. This shall not limit the discretion of the Agency to request proposers to revise proposed prices through the submission of best and final offers and/or the conduct of negotiations.

I. Confidential, Proprietary Information or Trade Secrets. Proposers should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification of why such materials, upon request, should not be disclosed by the City. Such information must be easily separable from the non-confidential sections of the proposal. All information not so identified may be disclosed by the City.

J. RFP Postponement/Cancellation. The Agency reserves the right to postpone or cancel this RFP, in whole or in part, and to reject all proposals.

K. Proposer Costs. Proposers will not be reimbursed for any costs incurred to prepare proposals.

L. Vendex/PASSport Fees. Pursuant to PPB Rule 2-08(f)(2), the contractor will be charged a fee for the administration of the VENDEX/PASSPort system, including the Vendor Name Check Process, if a Vendor Name Check review is required to be conducted by the Department of Investigation. The contractor shall also be required to pay the applicable fees for any of its subcontractors for which Vendor Name Check reviews are required. The fee(s) will be deducted from payments made to the

http://www.nyc.gov/html/mocs/ppb/html/home/home.shtml

http://www.nyc.gov/html/mocs/ppb/html/home/home.shtml


Message from New York City’s Department of Small Business Services

The Department of Small Business Services (SBS) offers One-on-One Technical Assistance to businesses that are interested in bidding on City contracts for the following goods and services: construction, construction related, standardized and architectural and engineering. If you plan on bidding on this or any other City contract, contact SBS to schedule an appointment. The Department of

Small Business Services will meet with you to review your particular proposal or submission, and provide feedback and guidance to help you submit the best

proposal possible.

To schedule One-on-One Technical Assistance, email [email protected] and an SBS representative will contact you.


APPENDIX A - GENERAL PROVISIONS GOVERNING CONTRACTS FOR CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN AND CLIENT SERVICES

Appendix A is included as a separate file attachment to this RFP, and must be downloaded from

the DoITT web site at: <solicitation publication location URL>


APPENDIX B - ADDITIONAL DEFINITIONS

1. "Good Working Order” means the uninterrupted, trouble-free operation of equipment or a system including, without limitation, all previously-equipped and/or Contractor-provided software and/or hardware-related features and services and functioning in accordance with the Manufacturer’s specifications for equipment.

2. "Holiday” means any holiday observed by the City on the date on which such holiday is observed by the City. Such Holidays are subject to change by the City and are presently: New Year's Day, Martin Luther King Jr. Birthday (Observed), President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving Day, and Christmas Day. When one of these holidays occurs on a Saturday, it is the City’s normal practice to consider the preceding Friday a holiday; and when one of these holidays occurs on a Sunday, to consider the following Monday a holiday.

3. “Hourly Bill Rate” means the price per hour per individual that the Contractor receives for the services provided under the Contract. The Hourly Bill Rate is calculated by applying the Personnel Markup to the Hourly Wage Rate.

4. “Hourly Wage Rate” means the Total Compensation per hour per individual that the Contractor personnel will receive for services provided under the Contract, regardless of potential subcontracting layers. Where individuals are not compensated on an hourly basis, Hourly Wage Rate shall mean the employee’s periodic Total Compensation divided by the number of hours the individual is expected to work during the period.

5. "Manufacturer” means one or more, as appropriate, original equipment Manufacturer(s).

6. "Most Favored Customer Price” means the lowest price at which Contractor has sold or contracted to sell equivalent quantities of the same product or service in the twelve month period preceding the award or during the Service Term of this Contract to any customer in the five Counties of New York City and the Counties of Nassau and Suffolk.

7. “Personnel Markup” means, for Contractor personnel, the price charged to the City above the Total Compensation actually paid to the Contractor personnel. Personnel Markup refers to the price difference between the Hourly Bill Rate the City pays and the Hourly Wage Rate the Contractor receives.

8. "Regular Business Hours" or "Business Day" means 9:00 a.m. through 5:00 p.m., Monday through Friday, excluding Holidays. "Business Hour" means any hour within Regular Business Hours.

9. "Repair” means the adjusting, replacing, correcting or fixing, as necessary to restore equipment or a system to Good Working Order in the event of failure. Such failure is specifically not limited to a total loss or discontinuance of service.

10. "Service" or "Services" or "Work” means the responsibilities the Contractor agrees to assume and perform pursuant to the terms of this Service Contract.

11. "Service Contract" or "Contract" means the Agreement, as defined in Appendix A. 12. "Site" means any City-owned or City-occupied location at which the Contractor provides

Services under this Agreement, as may be modified in accordance with the terms of the Contract.


13. “Total Compensation” means the combined value of salaries and wages and fringe benefits, paid to or on behalf of the individual, excluding the employer’s share of payroll taxes and any stock-option or other equity based compensation and also excluding discretionary performance based bonuses or similar payments

14. “Unit Price” means a price for a quantity of any good or Service that is specified in the Agreement.


APPENDIX C– PREVAILING WAGE SCHEDULES

Appendix C is included as two separate file attachments to this RFP, and must be downloaded

from the DoITT web site at: <solicitation publication location URL>


APPENDIX D – QUESTIONS AND ANSWERS ABOUT THE DOING BUSINESS DATA FORM

Appendix D is included as a separate file attachment to this RFP, and must be downloaded from



ATTACHMENT A - PROPOSAL COVER LETTER

RFP TITLE:___________________________________________

PIN #:___________

Proposer:

Name: _____________________________________________________________________________

Address: ______________________________________________________________________________

______________________________________________________________________________

Tax Identification #: ________________________________

Proposer’s Contact Person:

Name: ______________________________________________________________________________

Title: ______________________________________________________________________________

Telephone #: _________________________________

Certification of Compliance with Minimum Qualification Requirement(s)

Proposer’s Authorized Representative:

Name: ____________________________________________________________________________

Title: ____________________________________________________________________________

Signature: ____________________________________________________________________________

Date: ___________________________________


Is the response printed on both sides, on recycled paper containing the minimum percentage of recovered fiber content as requested by the City in the instructions to this solicitation?

Yes No


ATTACHMENT B - ACKNOWLEDGMENT OF ADDENDA

Instructions: The proposer is to complete either Part I or Part II of this form, whichever is applicable, and include the signed and dated form with their Technical Proposal submission. This form serves as the proposer’s acknowledgment of the receipt of the Addenda to this RFP which may have been issued by

the City prior to the Proposal Due Date and Time.

Part I: Check Here if Applicable: Listed below are the dates of issue for each Addendum received concerning this Solicitation Document:

Addendum # 1, dated: ____/____/____ Addendum # 2, dated: ____/____/____






______________________________________________________________________

Part II: Check Here if Applicable: ____ No addendum was received in connection with this RFP.

Proposer’s Company Name:

Proposer’s Authorized Representative:

Name:

Title:

Signature:

Date:


ATTACHMENT C - NON-DISCLOSURE AGREEMENT

Name and Address of Company Executing this Agreement: _______________________________________________ _______________________________________________ _______________________________________________

Indicate status by checking appropriate box: □ Contractor □ Sub-Contractor

The New York City Department of Information Technology and Telecommunications (“DoITT”) has agreed to award a contract for _________________________________ to the Contractor.

The information or materials acquired by the Contractor (or Sub-Contractor) during performance of this contract, including activities performed and documents and deliverables produced by the Contractor (or Sub-Contractor) in connection with this contract, are to be kept strictly confidential by the Contractor (and Sub-Contractor) and may not be reproduced, except for internal use by the members of Contractor’s (or Sub-Contractor’s) staff or the project team, without prior written consent from DoITT unless such information is a) previously known by Contractor (or Sub-Contractor) without a duty to keep such information confidential; b) generally available to the public; c) subsequently disclosed to Contractor (or Sub-Contractor) by a third party who is not under an obligation of confidentiality with respect to the City, or d) independently developed by the Contractor (or Sub-Contractor) prior to its engagement on this project. The Contractor (and Sub-Contractor) shall limit access to such material in its control to those of its employees performing services pursuant to this contract strictly on a need to know basis and companies engaged in this project who have also signed this non-disclosure agreement. The Contractor (and Sub-Contractor) shall inform its employees of these requirements and shall enforce compliance with these requirements by its employees. The Contractor (and Sub-Contractor) shall restrict its use of the information and materials to its performance under this project and shall return all such material to DoITT upon request. If required by the City, individual staff members may be required to sign a DoITT-prescribed non-disclosure form.

The City may institute legal action against Contractor (and Sub-Contractor) for violation of the terms of this Agreement.

The above Company agrees to adhere to the above confidentiality provisions:

________________________________________ COMPANY NAME

Authorized by: ___________________________________________ Print Name

___________________________________________ Title

___________________________________________ Signature

___________________________________________ Date


ATTACHMENT D - PROPOSER QUALIFICATIONS Company Name

a. How many years has your company been providing structured cabling solutions?

# of Years. b. For how many customers has your company completed a project-based cabling job for a

contract value of $1M or more within the current year or the preceding five (5) years? # of Customers

c. For how many customers has your company provided cable maintenance service for a contract

value of $1M or more within the current year or the preceding five (5) years? # of Customers

d. How many of the customers identified in response to the questions above are located in New

York City?

# of Customers e. How many of the customers identified in response to the questions above are government

entities?

# of Customers

Five (5) References for structured cabling services:


Proposer Qualifications (continuation)

Customer References:

(ATTACH ADDITIONAL SHEETS AS NECESSARY)

Firm Name: Address: Customer Contact: Name: Customer Contact: Telephone #: Contract Period: Attach a sample copy of a datacenter design for the reference, if applicable. Attach a sample copy of structured cabling as-built documentation for the reference.

Attach a sample report indicating the number of cabling-related changes both within and outside of the reference’s datacenter. Attach a list of test sets created for the reference.


















ATTACHMENT E - LOCAL OFFICE AND STAGING FACILITY LOCATIONS

This attachment must be an original document signed by an Officer of the Company and the statement must be dated later than the release date of this RFP; photocopies or facsimile copies will NOT be considered acceptable.

Local Office Address:

Check if owned or leased: Owned Leased Lease Expiration Date: Travel time to New York City boundary:

Staging Facility Address:

Check if owned or leased: Owned Leased Lease Expiration Date: Travel time to New York City boundary:

Storage Capacity (cubic feet):

I certify the foregoing is true and correct. Name (print):

Signature:

Title:

Date:

(ATTACH ADDITIONAL SHEETS AS NECESSARY)


ATTACHMENT F - COST PROPOSAL TEMPLATES

Attachment F, which is provided with this RFP as a Microsoft Excel spreadsheet, is included as a

separate file attachment to this RFP, and must be downloaded from the DoITT web site at:

<solicitation publication location URL>


ATTACHMENT G - NOTICE TO ALL PROSPECTIVE CONTRACTORS

Attachment G is included as a separate file attachment to this RFP, and must be downloaded



ATTACHMENT H - SCHEDULE B: SUBCONTRACTOR UTILIZATION PLAN/WAIVER APPLICATION

Attachment H is included as a separate file attachment to this RFP, and must be downloaded



ATTACHMENT I - IRAN DIVESTMENT RIDER AND CERTIFICATION

The Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State

Finance Law (“SFL”) §165-a and General Municipal Law (“GML”) §103-g. The Iran Divestment

Act, with certain exceptions, prohibits municipalities, including the City, from entering into

contracts with persons engaged in investment activities in the energy sector of Iran. Pursuant

to the terms set forth in SFL §165-a and GML §103-g, a person engages in investment activities

in the energy sector of Iran if:

(a) the person provides goods or services of twenty million dollars or

more in the energy sector of Iran, including a person that provides oil

or liquefied natural gas tankers, or products used to construct or

maintain pipelines used to transport oil or liquefied natural gas, for

the energy sector of Iran; or

(b) The person is a financial institution that extends twenty million

dollars or more in credit to another person, for forty-five days or

more, if that person will use the credit to provide goods or services in

the energy sector in Iran and is identified on a list created pursuant to

paragraph (b) of subdivision three of Section 165-a of the State

Finance Law and maintained by the Commissioner of the Office of

General Services.

A bid or proposal shall not be considered for award nor shall any award be made where

the bidder or proposer fails to submit a signed and verified bidder’s certification.


Each bidder or proposer must certify that it is not on the list of entities engaged in

investment activities in Iran created pursuant to paragraph (b) of subdivision 3 of Section 165-a

of the State Finance Law. In any case where the bidder or proposer cannot certify that they are

not on such list, the bidder or proposer shall so state and shall furnish with the bid or proposal

a signed statement which sets forth in detail the reasons why such statement cannot be made.

The City of New York may award a bid or award to a bidder or proposer who cannot make the

certification on a case by case basis if:

(1) The investment activities in Iran were made before the

effective date of this section (i.e., April 12, 2012), the investment activities in Iran have not

been expanded or renewed after the effective date of this section and the person has adopted,

publicized and is implementing a formal plan to cease the investment activities in Iran and to

refrain from engaging in any new investments in Iran: or

(2) The City makes a determination that the goods or services are

necessary for the City to perform its functions and that, absent such an exemption, the City

would be unable to obtain the goods or services for which the contract is offered. Such

determination shall be made in writing and shall be a public document.


VENDOR NAME: _______________ _______________ PIN: 85815B0005

CERTIFICATION OF COMPLIANCE WITH

IRAN DIVESTMENT ACT

Pursuant to General Municipal Law §103-g, which generally prohibits the City from entering into contracts with persons engaged in investment activities in the energy sector of Iran, the bidder/proposer submits the following certification:

[Please Check One]

PROPOSER’S CERTIFICATION

By submission of this bid or proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder/proposer is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.

I am unable to certify that my name and the name of the bidder/proposer does not appear on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law. I have attached a signed statement setting forth in detail why I cannot so certify.

Dated: _________, New York ______ , 20 __

SIGNATURE

PRINTED NAME TITLE

Sworn to before me this day of , 20

Notary Public

Dated:


ATTACHMENT J - HIRING AND EMPLOYMENT RIDER: HIRENYC AND REPORTING REQUIREMENT

Attachment J is included as a separate file attachment to this RFP, and must be downloaded from



ATTACHMENT K - DOING BUSINESS DATA FORM

Attachment K, which is provided with this RFP as a fillable .PDF file, is included as a separate

file attachment to this RFP, and must be downloaded from the DoITT web site at: <solicitation

publication location URL>. Submit Attachment K in a separate envelope as per the instructions

in Section IV(B).


ATTACHMENT L - DISPLACEMENT DETERMINATION FORM

Attachment L is included as a separate file attachment to this RFP, and must be downloaded


Documents

Date Issued: June 20, 2018 · 2018. 7. 31. · of rack systems, structured cabling, and ancillary materials such as panels, jumpers, and power cords for the ity’s data centers,