nfta rfp boilerplate

REQUEST FOR PROPOSAL

FOR

TELECOMMUNICATIONS SERVICES

NFTA RFP 4337 The following items are to be included with the proposal and made part of any agreement entered into pursuant to this RFP. PLEASE SUBMIT 14 HARD COPIES OF PROPOSAL and 2 ELECTRONIC COPIES (IN THE FORM OF CD'S OR FLASH DRIVES). Cover Letter Description of products/services Firm, Management and Staff Qualifications References Non-Collusive Proposal Certificate Disclosure of Prior Non-Responsibility Determinations Bidder’s/Proposer’s Affirmation and Certification Company and Contact Information Form Contractor Certification Form ST-220-TD (if over $100,000) Completed Attachments A - H

PROPONENTS MUST REGISTER AND DOWNLOAD THIS RFP FROM THE NFTA WEB SITE, WWW.NFTA.COM, IN ORDER TO BE NOTIFIED OF SUBSEQUENT AMENDMENTS. ONLY REGISTERED SUPPLIERS WILL RECEIVE NOTIFICATION OF

NEW RFP’S AS THEY BECOME AVAILABLE.

THE RFP NUMBER MUST BE REFERENCED ON ALL SUBMITTALS AND CORRESPONDENCE.

http://www.nfta.com/�

1

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSAL NO. 4337 Proposals will be received by the undersigned until 11:00am, on DECEMBER 3, 2013:

TELECOMMUNICATIONS SERVICES

in accordance with the attached proposal documents. The Authority reserves the right to reject any or all proposals, or to waive any informality in the proposal. Proposals shall be submitted in a sealed envelope showing Proponent’s name and addressed to:

NIAGARA FRONTIER TRANSPORTATION AUTHORITY Department of Procurement - Fifth Floor

Attention: Andrea Herald 181 Ellicott Street

Buffalo, New York 14203 716-855-7356 phone, 716-855-6676 fax

email [email protected] www.nfta.com

MARK ON LOWER LEFT HAND CORNER OF ENVELOPE: RFP: 4337 DUE DATE: DECEMBER 3, 2013 FOR: TELECOMMUNICATIONS SERVICES NAME OF PROPONENT: PROPOSALS MUST BE RECEIVED AT 181 ELLICOTT STREET, 5TH FLOOR, PROCUREMENT DEPARTMENT, BEFORE THE TIME DESIGNATED FOR OPENING IN ORDER TO BE CONSIDERED. All correspondence, communications and/or contact with the NFTA in regard to any aspect of this proposal shall be with the Procurement Official designated above or her designated representative. Prospective proponents, or their representatives, shall not make contact with or communicate with any representatives of the NFTA, including employees and consultants, other than the designated Procurement Official, in regard to any aspect of this proposal.

Andrea Herald Procurement Manager

Scope of Work 2

SCOPE OF WORK

NFTA is requesting proposals from qualified service providers for local and long distance telephone services, Internet services, and point-to-point connections between several of the NFTA’s facilities. The NFTA reserves the right to award to one or more service providers. The Greater Buffalo-Niagara Regional Transportation Council (GBNRTC) and Niagara Transportation Technology Coalition (NITTEC) are participating entities under this RFP. Both entities qualify for services under the NY OGS contract. Any services ordered by GBNRTC or NITTEC resulting from this RFP will require a separate contract written exclusively for them. The NFTA reserves the right to add, reduce, modify or otherwise change the quantities of services detailed in this RFP, at its sole discretion, as necessary to meet the needs of the NFTA, at any time over the term of the contract. There must be no penalty for early termination of individual circuits during the initial term of the contract or during any contract extension. There will be no minimum quantities or revenues for any service (no minimum usage guarantee or “MUG”). All services, regardless of when they were ordered during the duration of the contract, must have a co-termination date. Providers should thereby be advised that circuit and line quantities listed in Attachments A, B, C, E, and F are estimates for pricing only, and not necessarily indicative of number of circuits ordered and maintained under this contract. 1.1 SITE VISIT Proponents may inspect NFTA sites to determine all of the exact financial and technical aspects of installation including, but not limited to, power requirements and mounting space for new components. Contact Andrea Herald via e-mail to arrange for a site visit. 1.2 BILLING OF SERVICES

NFTA may require that all per-line and per-circuit billing, including long distance call detail, be provided on computer disk or website download, as well as in hard copy formats. The NFTA requires that circuit and individual telephone numbers be clearly identified on the bill and identified with the physical site where they terminate. Charges associated with each individual telephone number and circuits must be identified on an item by item basis, adjacent to the circuit/telephone number. Any ‘bulk’ bill should have a summary page that lists each line and the associated charges. The NFTA also requires that a full service and equipment listing be provided on a monthly basis in both electronic and hard copy formats. The NFTA may require that certain services be billed directly to departments, and not be included on the NFTA master bill. During the term of the contract, the NFTA will define such billing and equipment listing services, at its sole discretion, and will provide appropriate billing contact information to the successful proponent. Preferred electronic (computer disk) format is Excel.

Scope of Work 3

1.3 PROPOSAL RESPONSE FORMAT Response’s to this RFP must be provided on Attachments A through H. Pricing is to be listed clearly on Attachments A through F for service(s) for which the provider wants to propose. Exceptions, assumptions and/or qualifications taken to any Attachment or statement within the RFP must be clearly identified in Attachment G. 1.4 TERM OF AGREEMENT CONTRACT The term of the agreement will be an initial three years, with NFTA reserving the option to renew the contract up to four additional one year terms. The NFTA requires that all services ordered under the initial contract award have a coterminous date of 3/31/17. 1.5 SERVICE LEVEL CHANGES NFTA reserves the option to modify the capacity/bandwidth for services. Refer to Attachments B and F for categories where service levels may be modified over time. 1.6 SERVICE PROVIDER’S RESPONSIBILITY The service provider will be solely responsible for all services and equipment, from the provider’s network up to the NFTA’s designated “demarcation points”. The service provider will be responsible, knowledgeable and capable of providing a complete proposal that meets the needs of each of the services identified for which they are proposing. If this specification does not identify a component necessary for the intended operation of the purchased services, the proponent must identify such components in the response and include the components in the price. The NFTA assumes that all necessary and required costs are in the quoted rates, fees, and charges. The rates quoted must be the maximum rates charged to the NFTA during the entire term of the contract, irrespective of tariff changes or any and all rate changes not resulting from a modification of service requested by the NFTA. Proponents must certify that the prices listed are inclusive of all applicable taxes and surcharges that will be assessed to the NFTA. Furthermore, proponents must certify that the NFTA has no obligation to pay any charges other than those listed in its RFP for the duration of the contract. The service provider will work directly with the NFTA’s Customer Premise Equipment (CPE) supplier and NFTA Telecommunications Help Desk to determine the technical specifications necessary for proper operation of the service, the schedule of activation dates and other coordination and logistic efforts necessary for a problem-free transition to the provided services. At cutover, the service provider is required to test each service for proper call completion to a telephone or system for which the service was installed.

Scope of Work 4

1.7 REMEDIAL MAINTENANCE The NFTA requires that the service provider for each Group provide preferential treatment in restoration of telecommunication facilities to certain NFTA sites. The service provider must ensure that any interruption of carrier services will be minimized to the greatest extent possible in order to maintain public services to the community. NFTA’s remedial maintenance will be performed upon notification that the service is inoperable or unsuitable for operation. The service provider will be responsible for assuring that on-site service for each request is provided in accordance with one of the following levels of maintenance: i Emergency Service – An “Emergency" is a situation involving a "major loss" of

incoming and/or outgoing service, affecting any NFTA facility. Once reported as an "Emergency" repair, the successful proponents must respond within one (1) hour of notification and be on-site within two (2) hours of notification if the problem cannot be immediately resolved by remote diagnostics.

ii Non-Emergency Service - A "Non-Emergency" is a situation involving a loss of

service of a scope less than that described for an Emergency, including non-service affecting alarms. Once reported as a "Non-Emergency" repair, the successful proponent must respond on-site within eight (8) business hours of notification, if the problem cannot be immediately resolved by remote diagnostics.

Whether a situation constitutes an Emergency or Non-Emergency Service call (as described above) will be determined by the NFTA (or its authorized agent) at their sole discretion. Maintenance and repair service costs shall be included in the quoted rates for all services provided under this RFP – there shall be no additional recurring or non-recurring charges for providing these maintenance and repair services. Proponents must provide, on Attachment H, a local or toll free number for Emergency and Non-Emergency repair service. The ability to report and track maintenance troubles must be available on a twenty-four (24) hour per day, seven (7) day per week basis for either maintenance level. Service providers will exercise "best effort" on a priority 24x7 basis to restore service as quickly as possible, including any temporary and/or remedial measures necessary to restore or mitigate service outages. Service providers must be able to respond to multiple repair instances simultaneously, within the guaranteed response times above. NFTA repair calls, regardless of the call date and time, must be answered by a service representative capable of logging the call consistent with the above performance levels. All resolved (closed) repairs must be reported to the NFTA Help Desk (or its authorized agent that initially reported the problem) immediately upon successful completion of the repair. The Service provider’s “trouble ticket” must remain open until the NFTA verifies and accepts the resolution.

Scope of Work 5

The NFTA may authorize, via signed “Letter of Authorization” (LOA), its agent and/or telephone equipment supplier to directly initiate repair service requests on its behalf, with no change in response time commitment or any other requirements described above. If the service provider does not perform according to the service levels described above, the NFTA reserves the right to terminate the contract. 1.8 SYSTEM MONITORING The service provider must be able to provide 24 hour per day x 7 day per week monitoring of proposed services and equipment and must respond as outlined in Section 2.7 for remedial maintenance. 1.9 MAINTENANCE CREDIT FOR DOWNTIME In the event of circuit/line failure resulting in loss of use of the service and upon the NFTA request, the service provider is obligated to post a maintenance credit to the account to which the circuit/line is billed, prorated and based on the billed rate of any/all affected circuits and/or lines. When a maintenance credit is due, the total number of creditable hours, adjusted upward to the nearest whole hour, will be accumulated for the monthly billing period. Down-time for each incident will begin from the time of notification and will end when the service is returned to proper operating condition and the NFTA is duly notified. 1.10 MAINTENANCE RESPONSIBILITY Malfunctions which cannot be immediately diagnosed and pinpointed to a certain item of equipment or service will require the participation of all service and CPE providers until responsibility for the problem has been unequivocally established. In no instance will the failure to resolve the issue of responsibility relieve any of the service and CPE providers of the mutual obligation to restore system operability with the least impact on the availability of telephone service. The NFTA reserves the right to adjudicate such matters after the fact and validate charges and/or maintenance credits applicable to the provisions of the contracts involved. As a part of maintenance responsibilities, the CPE providers will represent the NFTA with the regulated telephone company, Competing Local Exchange Carriers (CLEC), Inter-exchange Carriers (IXC) and Alternate Access Providers (AAP) in order to identify and correct problems with telephone service. 1.11 EMERGENCY CALL ROUTING In the event of a major telephone company outage affecting calls to major published NFTA phone numbers, the service provider shall be required to forward, or re-route calls, in order to establish a temporary answering arrangement within one (1) hour of receiving report of such emergency request(s).

Scope of Work 6

1.12 CUSTOMER SUPPORT CONTACT The NFTA requires the service provider to provide a single point of contact for all dealings who will provide direct support for ordering, implementation, account management, billing support and other high-level company representation. The proponent shall provide contact information for this primary contact in Attachment H, as well as contact information for secondary (backup) support and contact information for a manager/foreman, also familiar with NFTA account(s) in the event that contact escalation is required. Any personnel changes to the information provided in Attachment H must be provided to the NFTA in writing within one (1) business day of the personnel change. 1.13 TECHNOLOGICAL CHANGES As new technologies develop, the NFTA may need to order new services and terminate existing services using older technologies. The NFTA reserves the right to cancel services, with sixty (60) days’ notice, as alternate technologies are required or when the NFTA has built-out their own dark fiber solution.

2 LOCAL TELEPHONE SERVICES 2.1 METERED ANALOG ACCESS LINES and GROUND START TRUNKS Proponents must be able to provide metered analog access line service to sites identified on Attachment C, as well as any other address not listed within NFTA, requiring such services under this contract. The analog access lines must be line-powered, loop start type and delivered to NFTA locations via copper pairs. These lines will be used for, but not limited to, elevators, alarm, energy management panels and/or as voice lines at distant locations (i.e. locations without PBX service). Ground Start (GS) trunks must also be line-powered and delivered to NFTA locations via copper pairs; such lines will be used to support PBX applications. Analog access lines and GS trunks must receive incoming calls and not require a “9” access code to dial out. Switched Long Distance call routing shall be free of charge (no Presubscribed Interexchange Carrier Charge - PICC). “Leased” analog telephone sets are not part of this contract (NFTA will supply telephone sets for analog access lines where required). Analog access lines ordered under this contract are intended to replace all existing POTS, measured business (MB) and/or Centrex lines that will not be served by NFTA PBX dial tone. Such conversion will take place by 3/31/14, and may require some number porting and “call intercept” services for published numbers, as determined by NFTA and/or its authorized agent. New analog access lines and GS trunks ordered under this contract will require a dedicated and specific number range that does not conflict with any DID range specified by the PRI provider. If the successful proponent is the ILEC, there shall be no charge for any number/feature changes to any existing lines, trunks or PRI’s.

Scope of Work 7

Analog access lines or GS trunks from a channel bank, Integrated Access device or other digital to analog device are unacceptable, unless that equipment is located on the services provider’s premises. Analog access lines and GS trunks shall terminate on 66-type split punch down blocks with telephone numbers clearly labeled on separate log sheet(s), maintained and stored on premises. The split blocks shall be considered the “demarcation point”, with bridging clips required to provide service to CPE wiring and/or equipment. Line/pair number identifiers must be furnished upon phone call or written request. The quantity of analog access lines and ground start trunks may be changed by NFTA at any time without penalty (no MUG). Analog Access Lines must, at a minimum, provide the features identified in section 2.2. Ground start trunks need only provide basic incoming/outgoing call capability. 2.2 ANALOG ACCESS LINE FEATURES All Analog Access Lines (Metered or Flat-Rate) must support the following features:

• Call Transfer

• 3 Way Conference Calling

• Dialing Restriction Options (Local + 911 + toll-free only, incoming + 911 calling only, others per NFTA requirements)

• Third-party billing block In additional, each analog line needs the option to add a voice mail service. Indicate the cost for this service for measured business (MB) lines in Attachment C. The voice mailbox service is to include:

• Forwarding of messages to other subscribers

• 21-day new message storage capability

• Minimum 1-minute personal greeting length

• Caller ID-capable and message waiting notification 2.3 ISDN PRI ACCESS LINES Service providers must be able to provide ISDN PRI access lines to the sites and in the quantities identified in Section 6 (NFTA Addresses and Estimated PRI/Trunk/Line Counts). Proponents shall assume that all PRI access lines will be connected to a digital trunk port on a PBX (via CSU devices provided by PBX vendor). PRI’s will provide 23 voice channels, DID service and Caller ID with name service. PRI’s must be delivered via NIU/Smart Jack interface, terminated within NFTA’s (or its agencies) designated MDF (Main Distribution Frame) room with no extra cabling installation cost. This NIU/Smart Jack location shall be considered the demarcation point up to which the carrier is responsible to maintain service. Further, PRI circuit numbers shall be clearly labeled on the jacks. All equipment required to deliver and maintain PRI services up to the demarcation point must be included in the service provider’s monthly unit price.

Scope of Work 8

Long distance (LD) calls made via the PRI, shall be routed to the service provider for LD service, and shall be free of additional recurring charges (no recurring PICC charges). Pricing for Session Initiated Protocol (SIP) services in addition to or as an alternate to ISDN PRI services is to be provided in Attachment B. 2.4 DID (DIRECT INWARD DIALING) NUMBERS NFTA will require all existing DID numbers to be ported to any new PRI or SIP service(s). NFTA may purchase new DID blocks in 20 number increments. The new number blocks must be available to any/all PRI’s and SIP provided. Proponents must provide DID block pricing in Attachments A and B. Proponents are advised that many published or well-known numbers used for essential NFTA public services or personnel must be ported to the new PRI’s/DID number range without changing the original phone number. Any additional per-number DID charges for such porting must be indicated in Attachments A and B. The service provider must establish a process with NFTA or its representative to port established NFTA numbers at a specific time and in a specific manner with a pre-determined testing process that is acceptable to NFTA and ensures minimal inconvenience to callers. The service provider and NFTA (or its authorized representative) shall agree to cutover date(s) upon completion of the individual trunk tests. 2.5 POWER / UPS BACKUP It is essential that all telecommunications services provided continually operate during periods of commercial power interruption or degradation. Any circuits requiring locally powered electronic equipment (i.e. PRI’s) which will be installed as part of the services provided, must continue to operate in the absence of commercial or emergency power for a period of (24) hours, via carrier-supplied and installed Uninterruptible Power Supply (UPS) devices (the NFTA shall be responsible for providing non-UPS 110v AC power outlets). Analog access lines and ground start trunks must be delivered via copper pairs, and line-powered (thus able to operate indefinitely during loss of local commercial power) Proponents must include the cost to provide and maintain any equipment necessary to meet the above power requirements for the length of the contract in their response to this RFP, including routine scheduled battery replacement. 2.6 GROUNDING, LIGHTNING and SURGE PROTECTION The service provider will be required to provide lightning/surge protection for any circuits, lines or trunks delivered to NFTA addresses over copper pairs. The protection equipment must be located on NFTA premises, prior to the demarcation point. The service provider is required to provide a suitable ground source for the protection of their equipment.

Scope of Work 9

2.7 GUARANTEED INSTALLATION DELIVERY DATES PRI circuits must be installed, programmed, tested and terminated within (60) calendar days from receipt of NFTA notice to proceed (authorized by NFTA’s Technical Contact or NFTA’s authorized representative). Analog access lines and ground start trunks must be programmed, tested and terminated within (30) calendar days from receipt of an authorized NFTA work order request. 3 LONG DISTANCE TOLL SERVICE Domestic, Canadian and international long distance (LD) toll services are to be provided under this contract for PRI’s, T1s, metered analog access lines and/or GS trunk lines, with itemized per-minute rates listed in Attachment D. LD service must be billed at no greater than 0.1 minute (6 second) increments. International calling must be available, per NFTA request, at per-minute rates. Per minute rates for incoming “800” or toll-free service to NFTA local analog and DID numbers are also required. Typical monthly NFTA Long Distance usage is listed in the pricing table (Attachment D). However, the NFTA makes no guarantee of future LD call volume. Switched LD call routing shall be free of charge (no PICC). If a provider’s billing system requires a PICC be charged on each line that has long distance calling enabled, the fee must be listed in Attachment G.

Scope of Work 10

4 POINT-TO-POINT CONNECTIONS The NFTA requires point-to-point circuits to support telephone, data and/or radio communications. Details on the type of connection needed for each location are listed in Attachment E.

Originating Location Terminating Location BNIA Airfield Office 251 Cayuga Rd Buffalo, NY 14225

BNIA ARF 251 Cayuga Rd Buffalo, NY 14225

BNIA Control Tower 165 Holtz Rd Buffalo, NY 14225


BNIA Fuel Farm 275 Aero Dr Buffalo, NY 14225

BNIA FMD 199 Aero Dr Buffalo, NY 14225




NFIA Maintenance Bldg. 9900 Porter Rd Niagara Falls, NY 14304

BNIA Terminal 4200 Genesee St Buffalo, NY 14225

NFIA Terminal 2035 Niagara Falls Blvd. Niagara Falls, NY

BNIA Terminal 4200 Genesee St Buffalo, NY 14225


NFIA Terminal 2035 Niagara Falls Blvd. Niagara Falls, NY 14304

NFIA Maintenance Bldg. 9900 Porter Rd Niagara Falls, NY 14304

Cold Springs Bus Garage 1581 Michigan Avenue Buffalo, NY 14209

Delavan Subway Station 1863 Main St. Buffalo NY 14208

OCC 93 Oak St. Buffalo NY 14203

Babcock Bus Garage 721 Babcock St. Buffalo, NY 14206


Cold Spring Bus Garage 1581 Michigan Ave. Buffalo, NY 14209


Frontier Bus Garage 1000 Military Rd Buffalo, NY 14217


NFITC 1124 Portage Rd Niagara Falls, NY 14301


Port of Buffalo 901 Fuhrmann Blvd. Buffalo, NY 14203


BNIA FMD 199 Aero Dr Buffalo, NY 14225


NFIA Terminal 2035 Niagara Falls Blvd. Niagara Falls, NY 14304

Scope of Work 11

5 INTERNET SERVICES The NFTA requires differing levels of Internet service at their various locations. Details on the minimum bandwidth requirements are listed in Attachment F. Each service needs to be capable of providing static IP addresses (when necessary). Managed Internet services are required at select locations, where the provider is required to actively monitor the Internet connection 24 hour per day x 7 day per week, and will notify the site contact if any problems or loss of connectivity occurs. 6 NFTA ADDRESSES AND ESTIMATED PRI/TRUNK/LINE COUNTS

NFTA Facility Address Estimated

PRI's

Estimated PBX

Trunks

Estimated Analog MB

Lines DID’s BNIA Aircraft Rescue Fire Department (ARF)

251 Cayuga Rd Buffalo, NY 14225 1 1 1 225

BNIA Airfield Office Bldg B 251 Cayuga Rd Buffalo, NY 14225 0 0 2 0

BNIA Airfield Office Bldg C 251 Cayuga Rd Buffalo, NY 14225 0 0 2 0

BNIA Control Tower 165 Holtz Rd Buffalo, NY 14225 0 0 1 0

BNIA – Metro Customer Care Training Facility


BNIA Facilities Maintenance Department (FMD)

199 Aero Drive Buffalo, NY 14225 0 2 3 0

BNIA Fuel Farm 275 Aero Dr Buffalo, NY 14225 0 0 1 0

BNIA Maintenance Garage Bldg. D


BNIA Noise Study House 68 Cayuga Rd Buffalo, NY 14225 0 0 3 0

BNIA Parking Lot A 4200 Genesee St Buffalo, NY 14225 0 0 8 0

BNIA Parking Lot B 95 Holtz Rd Buffalo, NY 14225 0 0 7 0

BNIA Parking Lot P 4200 Genesee St Buffalo, NY 14225 0 0 12 0

BNIA Parking Lot 243 Cayuga Rd Buffalo, NY 14225 0 0 1 0

BNIA Parking Lot 245 Cayuga Rd Buffalo, NY 14225 0 0 1 0

Buffalo Niagara Int’l. Airport (BNIA) Terminal

4200 Genesee St Buffalo, NY 14225 0 0 2 0

BNIA Wetlands Building 251 Cayuga Rd Buffalo, NY 14225 0 0 1 0

Cold Spring Bus Garage

1581 Michigan Ave. Buffalo, NY 14209 0 0 5 0

DRS 485 Cayuga Rd Buffalo, NY 14225 0 0 4 0

EAP 295 Main St. Buffalo, NY 14203 0 0 5 0

Scope of Work 12

NFTA Facility Address Estimated

PRI's

Estimated PBX

Trunks

Estimated Analog MB

Lines DID’s Frontier Bus Garage

1000 Military Rd Buffalo, NY 14217 0 0 3 0

Gisel/Wolford (Babcock) Bus Garage

721 Babcock St. Buffalo, NY 14206 0 0 2 0

Greater Buffalo-Niagara Regional Transportation Council (GBNRTC)

438 Main St. Suite 503 Buffalo, NY 14202-3207 0 0 7 0

Metro Transportation Center (MTC)

181 Ellicott St Buffalo, NY 14203 0 0 1 0

NFIA – Maintenance Building

9900 Porter Rd Niagara Falls, NY 14304 0 0 3 0

Niagara Falls Int’l. Airport (NFIA) new terminal

2035 Niagara Falls Blvd Niagara Falls, NY 14304 0 4 7 0

Niagara Falls Int’l. Transit Center (NFITC)

1124 Portage Rd Niagara Falls, NY 14301 0 0 2 0

Niagara Falls Transit Center (NFTC)

2250 Factory Outlet Blvd Niagara Falls, NY 14304 0 0 3 0

NFTA Operations Control Center (OCC)

93 Oak Street Buffalo, NY 14203 5 8 4 1021

Niagara International Transportation Technology Coalition (NITTEC)

93 Oak Street Buffalo, NY 14203 1 2 7 20

Port of Buffalo 901 Fuhrmann Blvd. Buffalo, NY 14203 0 0 8 0

Radio Tower 4065 Barton Rd Clarence, NY 14031 0 0 1 0

Small Boat Harbor (SBH) 1111 Fuhrmann Blvd. Buffalo, NY 14203 0 0 7 0

Transit Authority Police, and Health Safety & Environmental Quality (TAP/HSEQ)

175 Aero Dr Buffalo, NY 14225 0 0 6 0

University/South Campus Sub-Station-

3435 Main St Buffalo, NY 14214 0 0 1 0

7 INSURANCE REQUIREMENTS The Contractor agrees to procures and maintain at its expense during the term of the Agreement insurance of the kinds and in the amounts hereafter required, with insurance companies authorized to do business in New York State, covering all operations under this Agreement whether performed by it or its sub-contractors. The insurance companies affording coverage must be deemed acceptable to the Authority throughout the term of this contract. If any insurance company is deemed unacceptable to the Authority the Contractor agrees to procure and maintain at its expense coverage with an acceptable insurer as soon as notified by the Authority. The policies shall provide for a 30-day notice to the Authority prior to termination cancellation or change. Prior to the execution of the Agreement, the Contractor shall supply the Authority by delivering to the Manager of Procurement, 181 Ellicott St., Buffalo, NY 14203, a

Scope of Work 13

certificate(s) of insurance providing evidence of insurance coverage for the Contractor for the following coverage:

• Commercial General Liability Insurance including coverage for property damage, bodily injury, personal injury and completed operations with a single limit of at least $1,000,000 per occurrence with a $2,000,000 aggregate. If necessary, based upon your proposal plan, this should include coverage for railroad protective liability as well. The certificate shall name the Authority as an additional insured.

• If any motor vehicle is used in the work, Auto Liability Insurance covering bodily injury and property damage with minimum combined single limit of $1,000,000. The certificate shall name the Authority as an additional insured.

• Statutory Workers’ Compensation and Employer’s Liability in accordance with the applicable laws of the State of New York

• Excess Liability/Umbrella Form, 1,000,000. The certificate shall name the Authority as an additional insured.

• During any period of construction or reconstruction a Builders’ All Risk Insurance policy including coverage for completion and/or premises occupancy and property damage insurance shall be necessary. The amount necessary will be an amount equal to the actual replacement cost of such improvements.

The Authority and the Contractor agree to waive all rights against each other for damages to the extent covered by the insurance, except for such rights they may have to the proceeds of such insurance held by the Authority as trustee. The Contractor shall require similar reciprocal waivers by all sub-contractors and sub sub-subcontractors. This policy shall recognize such waivers of recover by an appropriate Waiver of Subrogation Clause Endorsement, excluding any subrogation rights granted under New York Law to the contrary notwithstanding. Above needed insurance coverage should be provided on a primary and non-contributory basis. 8 PROPOSAL EVALUATION An NFTA Selection Team will evaluate proposals. The team will select the proponent whose proposal is most advantageous to the NFTA, considering the evaluation criteria. Selection Procedure

1. The selection team will evaluate and score all proposals received. 2. Proposals not meeting minimum requirements and those that are not

responsive, will not be given further consideration. 3. Proposals in the competitive range will be determined. These proponents may

be asked to present their proposal to the selection team.

Scope of Work 14

4. When presentations, discussions and negotiations are concluded, NFTA may request revised proposals and /or best and final offers from responsible proponents in the competitive range.

5. Proposals will be re-evaluated and scored. The selection team will recommend that the proponent with the highest overall score be awarded the contract. The recommendation must be approved by the NFTA Board of Commissioners prior to the execution of a contract.

NOTE: NFTA reserves the right to make the award based upon the initial proposals submitted without presentations or discussions. Evaluation Criteria (Listed in order of importance) 1. Cost. 40% 2. Technical Criteria - customer service, technical support, billing, account reporting. 40% 3. Qualifications and experience - demonstrated ability in the industry, references, past performance, organization and management. 20%

15 Proposal Instructions

PROPOSAL INSTRUCTIONS 1. INTRODUCTION This Request for Proposal ("RFP") invites proposals for TELECOMMUNICATIONS SERVICES as set forth herein. These services may be modified during contract negotiations between the Proponent and the NFTA. The Proponent is encouraged to use its previous knowledge and experience to develop a proposal to meet the NFTA’s needs and a time schedule for completion within the constraints set forth in the project description and technical requirements. This RFP does not commit the NFTA to negotiate a contract, nor does it obligate the NFTA to pay for any costs incurred in preparation and submission of proposals or costs incurred prior to entering into a formal agreement. Proposals will be accepted until 11:00 am, DECEMBER 3, 2013 at the Office of the Manager, Procurement, Fifth Floor, Metropolitan Transportation Center, 181 Ellicott Street, Buffalo, New York 14203. Proposals should be submitted in an opaque, sealed envelope. Proposals received after the date and time specified above shall be considered late proposals and, therefore, shall not be opened nor considered for award. The RFP number must be referenced on all submittals and correspondence. 2. PROPONENT QUALIFICATIONS To be considered qualified, the Proponent must demonstrate in its proposal that it has the background, experience, and the technical and management resources required to organize and conduct the services outlined in this RFP. The Proponent shall furnish information documenting its ability to provide and perform all work related to its implementation and ongoing effectiveness of the project, in a timetable acceptable by the NFTA. The NFTA reserves the right to investigate the qualifications of firms under consideration to confirm any part of the information furnished by the Proponent. Anything less than satisfactory performance on a prior NFTA contract may lead to the NFTA concluding that the Proponent is not qualified. 2.1 Joint Venture: Proposals submitted by a joint venture shall not be considered unless the contractual responsibilities of the parties to the joint venture are clearly and specifically identified. 2.2 Validity Period: The proposal shall be considered valid for the period of time it takes to negotiate a contract with the successful Proponent. This may involve a period of up to 90 days following submittal. If a proposal is not valid for this time period, notification of the valid time period must be made in the letter of transmittal. 2.3 Disclosure of Proposal Data: Access to the NFTA’s records is governed by Article 6 of the Public Officers Law of the State of New York (“Freedom of Information

Proposal Instructions 16

Law”). Except as otherwise required by the Freedom of Information Law, the NFTA will exempt from disclosure records submitted in the proposal which are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise. Any such records that an Offeror believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections as records exempt from disclosure will not assure confidentiality. The specific records must be clearly identified and an explanation submitted as to why they should be exempt. Proposal Forms shall not be designated to be proprietary. The NFTA will disregard any proprietary markings on any Proposal Form. Upon a request for records from a third party regarding any records submitted with this proposal for which an exemption was sought the NFTA will notify in writing the party involved. The party involved must respond within 10 (ten) business days with a written statement of the necessity for the continuation of such exemption. 2.4 Agreement: The Proponent awarded the contract will be required to execute an Agreement in a form acceptable to the Authority. 3. RFP AMENDMENTS/QUESTIONS This RFP represents a written statement on the part of the NFTA explaining the requirements, terms, and conditions for submissions of proposals. The RFP covers this material as comprehensively and completely as it can at this time and thus contains all representations of the NFTA with respect to this matter. Any information or understandings, verbal or written, which are not contained within this RFP, or in later written addenda to this RFP, if issued, will be excluded from consideration in evaluating proposals. Any questions, objections or requests for revisions which Proponents may have should be submitted in writing to Andrea Herald via e-mail and received no later than November 14, 2013. If questions submitted to the NFTA make issuance of addenda to this RFP necessary, such addenda will be distributed to all prospective Proponents. However, it is the responsibility of the Proponent to determine whether addenda have been issued and to acknowledge their receipt in its proposal. 4. PROPOSAL PROTEST PROCEDURES 4.1 Pre-Submittal Opening Protests: If a Proponent can demonstrate that the Contract Documents issued by the NFTA are unduly exclusionary and restrictive or that federal, state or local laws or regulations have been violated during the course of the procurement, then the Proponent may seek a review by the Executive Director or his appointed representative, at 181 Ellicott Street, Buffalo, New York 14203. Protests shall be clearly identified as Protests and submitted in writing as early as possible but no later than five (5) business days before the date specified for proposal submittal. Within four


(4) business days after receipt of a pre-submittal protest, the Executive Director shall make one of the determinations listed in paragraph 4.4 4.2 Post-Submittal Protests: A protest to the acceptance or rejection of any or of all proposals for a contract, or to the award thereof, or to any such action proposed or intended by the NFTA, must be received in writing by the Executive Director no later than five (5) business days after the protesting party first learned, or reasonably ought to have learned, of the action or the proposed or intended action to which he/she protests. 4.3 Decision-Makers: In the event the protester alleges that the Executive Director or the representative appointed by the Executive Director to serve as Decision-Maker for the particular protest, engaged in improper conduct during the subject procurement, the General Counsel shall serve as the Decision-Maker. In the event it has been alleged that the General Counsel has engaged in improper conduct during the subject procurement, either the Executive Director or the Chief Financial Officer shall serve as the Decision-Maker. 4.4 Rulings on Protests: Within four (4) business days, the Executive Director shall render one of the following determinations:

(a) Protest is overruled. (b) Protest is substantiated. Executive Director shall issue instructions to remedy

issues relating to the protest. (c) Procurement activity is suspended until written notification by the Executive

Director. The determination shall be in writing and shall provide at a minimum a general response to each material issue raised in the protest. All documents submitted by the Protester and/or Authority Staff and reviewed by the Decision-Maker in the reaching of a determination shall form and be retained by the Authority as the formal record of the dispute resolution process. The issuance of the foregoing determination is the NFTA's final decision of the dispute. All interested parties shall be notified of any protests that are filed. The NFTA shall refrain from awarding a contract within five (5) business days of the date of a decision rendered by the Executive Director regarding a protest, unless the NFTA determines that:

(a) The items to be procured are urgently required. (b) Delivery or performance will be unduly delayed by failure to make a prompt

award. (c) Failure to make a prompt award will otherwise cause undue harm to the NFTA,

state government or the federal government. 4.5 Protester’s Appeal to Federal or State Agencies: In the event that the NFTA fails to have written protest procedures or fails to abide by the protest procedures set forth above, and federal or state funds are participating in the procurement, then the


protester may seek a review by the appropriate funding agency. Protesters shall file such a protest in accordance with the requirements set forth below, not later than five (5) business days after a final decision is rendered under the NFTA's protest procedure. In instances where the protester alleges that the NFTA failed to make a final determination on the protest, protesters shall file a protest with the appropriate agency not later than five (5) business days after the protester knew or should have known of the NFTA's failure to render a final determination on the protest. 5. PROPOSAL The Proponent shall submit 14 hard copies and 2 electronic copies of their proposal. 5.1 Format: The proposal must be in compliance with the format described herein. The proposal shall be prepared on 8-1/2" x 11" paper bound on the long side. All pages are to be sequentially numbered. Unnecessarily elaborate proposals are not desired. Proposals should be concise, particularly with respect to past experience on other projects and the resumes of key personnel. Related experience is essential. Be specific on past and current assignments. Define the firm's involvement and responsibilities in each project. The Proponent's technical proposal shall be prepared using the following format to facilitate evaluation. If a Proponent fails to provide the information requested in one or more sections, the proposal may be considered non-responsive. 5.2 Content: The proposal shall contain the following items:

Cover Letter Project Implementation Project Organization Key Personnel Related Projects Background Experience Proposal Forms Attachments A through H completed as appropriate with supplemental data

5.2.1 Cover Letter: The proposal shall be submitted with a cover letter summarizing key points in the proposal. Any introductory remarks may also be placed in the cover letter. Provide a contact name, address, phone number and email address. The cover letter should not exceed three pages in length. 5.2.2 Project Implementation: The Proponent shall describe its plans to provide the requested services. This section should include a narrative description of the proposed methodology to accomplish the required tasks, as well as any innovations used on similar projects which may be applicable to the project.


5.2.3 Project Organization: This section of the proposal should be used to provide information on the Proponent’s organization and staffing of the project. It should briefly describe the Proponent’s personnel and pertinent qualifications. 5.2.4 Key Personnel: A list of key personnel for this project must be submitted along with resumes for each person. 5.2.5 Related Projects: A list of other contracts entered into by your firm that are similar to this project should be provided. Each should include the degree of involvement by your firm. 5.2.6 Background Experience: This section should contain a brief history of your firm, names of principals, concise description of the types of work accomplished, indication of current staff size and location and other relevant background information. This section should also contain information demonstrating that your firm has a good working relationship with its clients, including a list of references (include contact names, addresses, phone numbers) copies of letters of commendation and a discussion of how problems arising during the course of project are addressed. Indicate if your firm has ever defaulted on a contract; describe the circumstances and outcome. 5.2.7 Project Cost Proposal: Submit an itemized cost proposed. 5.2.8 Proposal Forms: All forms requiring Proponent responses must be completed and submitted with the proposal. This includes Attachments A through H. 6. EXECUTORY CLAUSE The Contractor specifically agrees that this contract shall be deemed executory only to the extent of monies available and no liability shall be incurred by the NFTA beyond the monies available for this contract. 7. PERMITS AND COMPLIANCE WITH LAWS The NFTA, in the construction, installation and operation of transportation facilities, is not required to obtain licenses or permits from any municipal or political subdivision of the State of New York. The Contractor, therefore, will not be required to obtain licenses or permits from any county, city, town or village agency or department. The Contractor shall, however, secure and pay for all permits, fees and licenses necessary to comply with applicable federal or state laws. Except as provided above, the Contractor shall comply with all federal, state, county and municipal laws, codes and regulations in connection with the prosecution of the work. The Contractor shall protect, indemnify and hold harmless the NFTA and all of their officers, agents and employees against any and all claims and liabilities arising from or


based on the violation of any such requirement or law whether by the Contractor, its employees, agents or subcontractors. 8. DISADVANTAGED BUSINESS ENTERPRISE POLICY STATEMENT In accordance with the requirements of 49 CFR, Part 26, dated March 4, 1999 entitled, “Participation by Disadvantaged Business Enterprises in Department of Transportation Programs,” the Niagara Frontier Transportation Authority (NFTA), is committed to the development and implementation of an effective Disadvantaged Business Enterprise (DBE) Program. The NFTA has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the NFTA has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the NFTA to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also the policy of the NFTA: 1. To ensure nondiscrimination in the award and administration of DOT-assisted

contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT assisted

contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable

law; 4. To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are

permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT-assisted contracts; and 6. To assist the development of firms that can compete successfully in the market

place outside the DBE program. The Director of Equal Opportunity/Diversity Development has been delegated as the DBE Liaison Officer. In that capacity, the Director of Equal Opportunity/Diversity Development is responsible for implementing all aspects of the DBE Program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the NFTA in its financial assistance agreements with the Department of Transportation. The NFTA has disseminated this policy statement to the Board of Commissioners and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for the NFTA on DOT-assisted contracts by inclusion in bid specifications, Requests for Qualifications and Requests for Proposals.


9. NEW YORK STATE SUBCONTRACTORS AND SUPPLIERS It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from Empire State Development, Procurement Assistance Unit, Phone: (518) 292-5220, or email to [email protected]. A directory of certified minority and women-owned business enterprises is available from Empire State Development, Minority and Women's Business Development, 30 South Pearl St., Albany, NY 12245, Phone: (518) 292-5250, Fax: (518) 292-5803. Bidders located in foreign countries are hereby notified that New York State may seek to obtain and assign or otherwise transfer offset credits created by this procurement contract to third parties located in New York State. The successful contractor shall agree to cooperate with the State in efforts to get foreign countries to recognize offset credits created by the procurement contract. The Omnibus Procurement Act requires that by signing this bid proposal, contractors certify that whenever the total bid amount is greater than $1 million: 1. The successful contractor shall document efforts to encourage the participation of

New York State Business Enterprises as suppliers and subcontractors on this project, and has retained the documentation of these efforts to be provided upon request to the State.

2. Documented efforts by a successful contractor shall consist of and be limited to

showing that such contractor has:

a. Solicited bids, in a timely and adequate manner, from New York State business enterprises including certified minority and women-owned businesses, or

b. Contracted the Empire State Development to obtain listings of New York State business enterprises, or

c. Placed notices for subcontractors and suppliers in newspapers, journals and other trade publications distributed in New York State, or

d. Participated in bidder outreach conferences. e. If the Contractor determines that New York State business enterprises are not

available to participate on the contract as subcontractors or suppliers, the Contractor shall provide a statement indicating the method by which such determination was made.

f. If the Contractor does not intend to use subcontractors on the contract, the Contractor shall provide a statement verifying such intent.

3. The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L.

92-261) as amended;


4. The Contractor agrees to make reasonable efforts to provide notification to New

York State residents of employment opportunities on this project through listing any such positions with the Community Services Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request.

10. SUSPENSION AND DEBARMENT This Article applies to contracts for amounts in excess of $25,000.00. The Contractor certifies by execution of this Agreement that neither the Contractor nor its principals or affiliates are excluded or disqualified as defined at 49 CFR Part 29. The Contractor also agrees to include these requirements in each subcontract exceeding $25,000.00. 11. NEW YORK STATE BUY AMERICA PROVISIONS All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this paragraph shall not apply to motor vehicles and automobile equipment assembled in Canada in conformity with the United States - Canadian trade agreements known as the "Automotive Products Trade Act of 1965," or any amendments thereto.

23

NON-COLLUSIVE PROPOSAL CERTIFICATION By submission of this proposal, each Proponent and each person signing on behalf of any Proponent certifies, and in the case of a joint proposal each party thereto certifies as to his or her own organization, under penalty of perjury, that to the best of his or her knowledge and belief:

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

b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proponent and will not knowingly be disclosed by the Proponent prior to opening, directly or indirectly, to any other Proponent or to any competitor, and

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

The undersigned submits the following proposal, which is in complete conformity with the intent of the proposal documents. The proponent agrees that should it be awarded a contract on the basis of this proposal through the issuance of a contract or purchase order from the Niagara Frontier Transportation Authority, it will provide the materials, supplies, equipment or services in strict compliance with the contract documents for the compensation stipulated herein. The proponent agrees that its proposal shall remain effective for a period of 90 days from the formal bid opening date. Proponents with the submission of this proposal certify that they are not on the Comptroller General’s List of Ineligible Contractors.

SUBMITTAL OF PROPOSAL

___________________________________ Proponent ____________________________________ Name ____________________________________ Signature ____________________________________ Title ____________________________________ Date

24

New York State Finance Law Sections 139-j and 139-k (“Lobbying Law”) – Disclosure Statement General Information All procurements by the Niagara Frontier Transportation Authority or Niagara Frontier Transit Metro System, Inc. (collectively, “NFTA/Metro”) in excess of $15,000 annually, are subject to New York State’s State Finance Law Sections 139-j and 139-k, (“Lobbying Law”). Pursuant to the Lobbying Law, all “contacts” (defined as oral, written or electronic communications with NFTA/Metro intended to influence NFTA/Metro’s conduct or decision regarding a procurement) during a procurement must be made with one or more designated Point(s) of Contact only. Exceptions to this rule include written questions during the bid/proposal process, communications with regard to protests, contract negotiations and RFP conference participation. Nothing in the lobbying Law inhibits any rights to make an appeal, protest or complaint under existing administrative or judicial procedures. Violations of the policy regarding permissible contacts must be reported to the NFTA/Metro Ethics Officer and investigated accordingly. The first violation may result in a determination of non-responsibility and ineligibility for award to the violator and its subsidiaries, affiliates and related entities. The penalty for a second violation within four (4) years is ineligibility for bidding/proposing on a procurement and/or ineligibility from being awarded any contract for a period of four (4) years. The NFTA/Metro will notify the New York State Office of General Services (“OGS”) of any determinations of non-responsibility or debarments due to violations of the Lobbying Law. Violations found to be “knowing and willful” must be reported to the NFTA/Metro Executive Director and OGS. Moreover, the statutes require the NFTA/Metro to obtain certain affirmations and certifications from bidders and proposers. This Disclosure Statement contains the forms with which to comply, together with additional information and instructions. ____________________________________________________________________________ Instructions New York State Finance Law δ139-k(2) obligates the NFTA/Metro to obtain specific information regarding prior non-responsibility determinations. In accordance with New York State Finance Law δ139-k, an offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any governmental entity due to: (a) a violation of New York State Finance Law δ139-j or (b) the intentional provision of false or incomplete information to a governmental entity. As part of its responsibility determination, New York State Finance Law δ139-k (3) mandates consideration of whether an offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no procurement contract shall be awarded to any offerer that fails to timely disclose accurate or complete information under this section, unless the factual elements of the limited waiver provision can be satisfied on the written record.

25

Disclosure of Prior Non-responsibility Determinations Name of Bidder/ Proposer: ____________________________________________________________ Address: ____________________________________________________________ ____________________________________________________________ Name/Title of Person Submitting Form: ____________________________________________________________ Has any governmental entity1

1 A “governmental entity” is (1) any department, board, bureau, commission, division, office, council, committee or officer of New York State, whether permanent or temporary; (2) each house of the New York State Legislature; (3) the unified court system (4) any public authority, public benefit corporation or commission created by or existing pursuant to the public authorities law; (5) any public authority or public benefit corporation, at least one of whose members is appointed by the governor or who serves as member by virtue of holding a civil office of the state; (6) a municipal agency, as that term is defined in paragraph (ii) of subdivision(s) of section one-c of the Legislative Law; or (7) a subsidiary or affiliate of such a public authority. (SFL δ139-j, paragraph 1.a.)

made a finding of non-responsibility regarding the Bidder/Proposer in the previous four years? ___Yes ___No If yes: Was the basis for the finding of the Bidders/Proposer’s non-responsibility due to a violation of State Finance Law δ139-j? ___Yes ___No Was the basis for the finding of Bidder’s Proposer’s non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? ___Yes ___No If yes, please provide details regarding the finding or non-responsibility below: Governmental Entity: _______________________________________________ Year of Finding of Non-responsibility:__________________________________ Basis of Finding of Non-responsibility: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Add additional pages as necessary) Has any governmental entity terminated a procurement contract with the Bidder/Proposer due to the intentional provision of false or incomplete information? ___Yes ___No ________________________________________________________________

26

Bidder’s/Proposer’s Affirmation and Certification By signing below, the Bidder/Proposer: a) Affirms that the Bidder/Proposer understands and agrees to comply with the policy regarding permissible contacts in accordance with New York State Finance Law Sections 139-j and 139-k. b) Certifies that all information provided to the NFTA/Metro with respect to New York State Finance Law δ139-j and δ139-k is complete, true and accurate. By: __________________________________________Date:__________ (Signature of Person Certifying) Print Name and Title:_________________________________________Title:__________ Bidder/Proposer or Contractor/Consultant (Full Legal Name):__________ ____________________________________________________________ Address of Bidder/Proposer or Contractor/Consultant:________________ ____________________________________________________________ ___________________________________________________________ Business Telephone Number:____________________________________

NFTA/Metro’s Right To Terminate The NFTA/Metro reserves the right to terminate a Contract in the event it is

found that the certification filed by the Bidder/Proposer, in accordance with New York State Finance Law δ139-k, was intentionally false or intentionally incomplete. Upon such finding, the NFTA/Metro may exercise its termination right by providing written notification to the Bidder/Proposer in accordance with the written notification terms of the Contract.

27

COMPANY AND CONTACT INFORMATION FORM

Fill in Company and Point of Contact Information and include with the proposal.

Firm Name:

Federal ID No.:

Contact Person:

Mailing Address:

Authorized Signature:

Title:

Date:

Telephone/Fax No.:

Email address:

28

ATTACHMENT A: PRI PRICING (GROUP 1) The proponent hereby agrees to furnish the minimum services specified below. The NFTA does not guarantee ordering or maintaining the quantities stated. Proponent will guarantee unit pricing below, regardless of actual quantities ordered. Pricing furnished must include all applicable fees, charges, and surcharges that the carrier will charge monthly. Federal, state and local taxes do not need to be listed. The NFTA is tax exempt. Installation charges, if applicable, indicated below must consider the estimated quantity.

GROUP A-1 PRI PRICING

Service Requested Monthly Cost* Est. Qty.

Non-Recurring Charge(s) Sub Total

PRI (port and digital transport charge) 7 DID Block (per 20 #) 3 DID Block (per 100 #) 12 LMS Charge

56,400 min./mo.

Porting charge – per DID block

GROUP A-2 FEATURES

Service Requested Monthly Cost*


Call Forwarding Directed Trunk Overflow Non-Published Number

*The service provider agrees to hold the Monthly Cost for the initial three-year contract term. If the contract is extended for any of the additional one-year terms the provider can adjust the Monthly Cost by the percentages listed below. The percentages are to be based on the original contract rate, not the preceding year.

Year 4: % over the original three-year rate




29

GROUP A-3 FEES/SURCHARGES List any fees that will be charged in additional the local access charged monthly for one(1) PR in addition to the port and digital transport charges. For example: Federal Universal Service Fund Surcharge, Federal Pre-Subscribed ISDN Trunk, Local Loop Charge, Local Number Portability, FCC Line Port Charge, Primary Inter-exchange Carrier Charge.

Fees, Charges, Surcharges per PRI

Current Monthly Cost or Percentage

Rate*

*The NFTA understands that the percentage rate for some fees (for example FUSF is determined by a governmental agency and is subject to change.

30

ATTACHMENT B: SIP PRICING (GROUP 2) The proponent hereby agrees to furnish the minimum services specified below. The NFTA does not guarantee ordering or maintaining the quantities stated. Proponent will guarantee unit pricing below, regardless of actual quantities ordered. Pricing furnished must include all applicable surcharges, non-recurring charges and taxes. The NFTA is tax exempt. Installation charges, if applicable, indicated below must consider the estimated quantity.

GROUP 2-1 SIP PRICING (OCC)

Service Requested Quantity Monthly Cost***

Installation Charge(s)

SIP * 24 concurrent voice channels

DID Blocks (per 100 #) 1 Call Volume ** 6,000 min/mo Porting Charge N/A

Group 2 Total (add subtotals per above) $________________

* Include any Internet service necessary to deliver SIP service.

** Total inbound and outbound calling

***The service provider agrees to hold the Monthly Cost for the initial three-year contract term. If the contract is extended for any of the additional one-year terms the provider can adjust the Monthly Cost by the percentages listed below. The percentages are to be based on the original contract rate, not the preceding year.





31

ATTACHMENT C: ANALOG ACCESS LINE AND GROUND START TRUNK PRICING (GROUP 3)

The proponent hereby agrees to furnish the minimum services specified below. The NFTA does not guarantee ordering or maintaining the quantities stated. Proponent will guarantee unit pricing below, regardless of actual quantities ordered. Pricing furnished must include all applicable surcharges, non-recurring charges and taxes. The NFTA is tax exempt. Installation charges, if applicable, indicated below must consider the estimated quantity. GROUP 3-1: METERED ACCESS LINE AND GROUND START / PBX TRUNK

PRICING

Service Requested Monthly Cost**

Est. Qty. **

Installation Charge(s) Sub Total

Analog Access Line/mo. 126 Ground Start / PBX Trunk/mo. 17 LMS Rate (per min.)/mo. 5015 Porting charge (per line) 143 Voicemail service per line/mo 1


*The estimated quantities listed include all the NFTA, GBNRTC and NITTEC locations.

**The service provider agrees to hold the Monthly Cost for the initial three-year contract term. If the contract is extended for any of the additional one-year terms the provider can adjust the Monthly Cost by the percentages listed below. The percentages are to be based on the original contract rate, not the preceding year.





32

ATTACHMENT D: LONG DISTANCE PRICING (GROUP 4) The proponent hereby agrees to furnish the minimum services specified below. The NFTA does not guarantee ordering or maintaining the quantities stated. Proponent will guarantee unit pricing below, regardless of actual quantities ordered. Pricing furnished must include all applicable surcharges, non-recurring charges and taxes. The NFTA is tax exempt. Installation charges, if applicable, indicated below must consider the estimated quantity. GROUP 4-1: Long Distance Pricing

Service Requested

Per Minute Rate* Est. Minutes


Dedicated Service (via PRI) InterLATA/IntraState LD Toll/min. 1685 InterState LD Toll/min. 3650 IntraLATA Toll/min. 49875 Canada LD Toll/min. 315

Switched Service InterLATA/IntraState LD Toll/min. 260 InterState LD Toll/min. 365 IntraLATA Toll/min. 335 Canada LD Toll/min. 10 PICC* 143

Inbound Toll Free InterLATA/IntraState LD Toll/min. 350 InterState LD Toll/min. 640 IntraLATA Toll/min. 7030 Canada LD Toll/min. 430


33

ATTACHMENT E: POINT-TO-POINT CONNECTIONS (GROUP 5)

The proponent hereby agrees to furnish the minimum services specified below. The NFTA does not guarantee ordering or maintaining the quantities stated. Proponent will guarantee unit pricing below, regardless of actual quantities ordered. Pricing furnished must include all applicable surcharges, non-recurring charges and taxes. The NFTA is tax exempt. Installation charges, if applicable, indicated below must consider the estimated quantity. Group 5-1: T1 (DS1) Pricing

Service Requested Capacity Monthly

Cost* Est. Qty. Installation Charge(s) Sub Total

OCC - Babcock Bus Garage 1.5MB 1 OCC - Cold Spring Bus Garage 1.5MB 1 OCC - Frontier Bus Garage 1.5MB 1 OCC - NFITC 1.5MB 1

Group 5-2: Broadband (3mbs Ethernet minimum) Pricing



OCC - Babcock Bus Garage 3.0MB 1 OCC - Cold Spring Bus Garage 3.0MB 1 OCC - Frontier Bus Garage 3.0MB 1 OCC – NFITC 3.0MB 1




OCC - Babcock Bus Garage 10.0MB 1 OCC - Cold Spring Bus Garage 10.0MB 1 OCC - Frontier Bus Garage 10.0MB 1 OCC - NFITC 10.0MB 1



Cost* Est. Qty.


OCC - NFIA Terminal 50.0MB 1

OCC - NFIA Terminal

Additional 10MB

increments 1

34

Group 5-5: Private Line Facilities Pricing (OPX)

Service Requested Monthly

Cost* Est. Qty.


OCC - Port of Buffalo 1 OCC - BNIA FMD 1 BNIA Fuel Farm - BNIA FMD 1 BNIA Fuel Farm - BNIA ARF 1 BNIA Airfield Office - BNIA ARF 1 BNIA Fuel Farm - NFIA Maintenance Bldg. 1 NFIA Terminal - BNIA Terminal 2 NFIA Terminal - NFIA Maintenance Bldg. 2 Cold Springs Bus Garage – Delavan

Subway Station* 1

Group 5-6: Private Line Facilities Pricing (2-4 Wire)

Starting Address Monthly

Cost* Est. Qty.

Install Charge Sub Total

BNIA Control Tower – BNIA ARF 2 BNIA Terminal – BNIA ARF 2

Please include any additional information necessary to describe the proposed services with Attachment G. *The service provider agrees to hold the Monthly Cost for the initial three-year contract term. If the contract is extended for any of the additional one-year terms the provider can adjust the Monthly Cost by the percentages listed below. The percentages are to be based on the original contract rate, not the preceding year.





35

ATTACHMENT F: INTERNET PRICING (GROUP 6) The proponent hereby agrees to furnish the minimum services specified below. The NFTA does not guarantee ordering or maintaining the quantities stated. Proponent will guarantee unit pricing below, regardless of actual quantities ordered. Pricing furnished must include all applicable surcharges, non-recurring charges and taxes. The NFTA is tax exempt. Installation charges, if applicable, indicated below must consider the estimated quantity. GROUP 6-1: UNMANAGED LOW BANDWIDTH (ex: Cable Modem, DSL, T1)

Location Minimum Download

Speed Monthly

Cost* Installation

Charge

Static IP address

(1) Sub Total BNIA Noise Study House

5.0MB

EAP 3.0MB GBNRTC 5.0MB GBNRTC 7.0MB NFIA Terminal 7.0MB NFIA Field Office 768kb NFIA Maintenance 768kb NFITC 1.0MB NITTEC 1.5MB NITTEC 3.0MB NITTEC 5.0MB OCC 3.0MB SBH 768kb University Station 768kb

GROUP 6-2: MANAGED LOW BANDWIDTH (ex: Cable Modem, DSL, T1)


Speed Monthly

Cost* Installation

Charge

Static IP address

(1) Sub Total NITTEC 1.5MB NITTEC 3.0MB TAP/HSEQ 1.5MB TAP/HSEQ 3.0MB TAP/HSEQ 4.5MB TAP/HSEQ 6.0MB

36

GROUP 6-2: UNMANAGED HIGHER BANDWIDTH (10MB or more)


Speed Monthly

Cost* Installation

Charge

Static IP address

(1) Sub Total BNIA – Metro Customer Care Training Facility

10MB


20MB


30MB

BNIA Parking Lot A 15MB BNIA Parking Lot A 20MB BNIA Terminal 10MB BNIA Terminal 20MB BNIA Terminal 30MB BNIA Terminal 40MB BNIA Terminal 50MB BNIA Terminal 60MB BNIA Terminal 70MB BNIA Terminal 80MB BNIA Terminal 90MB BNIA Terminal 100MB GBNRTC 10MB OCC 50MB OCC 60MB OCC 70MB OCC 80MB OCC 90MB OCC 100MB TAP/HSEQ 10MB

*The service provider agrees to hold the Monthly Cost for the initial three-year contract term. If the contract is extended for any of the additional one-year terms the provider can adjust the Monthly Cost by the percentages listed below. The percentages are to be based on the original contract rate, not the preceding year.





37

ATTACHMENT G: EXCEPTIONS

List exceptions to any requirements and specifications of the RFP; include proposed resolution and/or alternative options and pricing. Identify below any related unit pricing or additional fees not listed elsewhere in the RFP document. Such items not listed and priced here will not be payable by the NFTA.

38

ATTACHMENT H: SUPPORT and REPAIR CENTER INFORMATION

1. Primary Customer Service Contact Name:__________________________________

2. Telephone Number: ( ) ____________________________________________

3. Secondary Customer Service Contact Name:_________________________________

4. Telephone Number: ( ) ____________________________________________

5. Manager/Foreman Escalation Contact Name: ________________________________

Telephone Number: ( ) ____________________________________________

6. Remedial Maintenance Repair Line (available 24 hours for all request categories):

Telephone Number: ( ) ____________________________________________

7. Address of service provider’s primary repair facility from which technicians are

dispatched:_____________________________________________________________

8. Address of service provider’s primary spare parts inventory depot, where equipment

necessary to maintain service levels is stored: ___________________________________

________________________________________________________________________

Internetaccess: www.nystax.gov (for information, forms, and publications)

Fax-on-demandforms: 1 800 748-3676

Telephoneassistance is available from 8:00 A.M. to 5:00 P.M. (eastern time), Monday through Friday.

To order forms and publications: 1 800 462-8100

SalesTax Information Center: 1 800 698-2909

From areas outside the U.S. and outside Canada: (518) 485-6800

Hearingandspeechimpaired(telecommunicationsdevice for the deaf (TDD) callers only): 1 800 634-2110

Personswithdisabilities:In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting rooms, and other facilities are accessible to persons with disabilities. If you have questions about special accommodations for persons with disabilities, please call 1 800 972-1233.

Needhelp?

New York State Department of Taxation and Finance

ContractorCertification (Pursuant to Section 5-a of the Tax Law, as amended, effective April 26, 2006)

ST-220-TD(5/07)

Contractor name

Contractor’s principal place of business City State ZIP code

Contractor’s mailing address (if different than above)

Contractor’s federal employer identification number (EIN) Contractor’s sales tax ID number (if different from contractor’s EIN) Contractor’s telephone number

( )

Covered agency or state agency Contract number or description Estimated contract value over the full term of contract (but not including renewals) $ Covered agency address Covered agency telephone number

Forinformation,consultPublication223, Questions and Answers Concerning Tax Law Section 5-a (see Need help? below).

Generalinformation

Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded certain state contracts valued at more than $100,000 to certify to the Tax Department that they are registered to collect New York State and local sales and compensating use taxes, if they made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured over a specified period. In addition, contractors must certify to the Tax Department that each affiliate and subcontractor exceeding such sales threshold during a specified period is registered to collect New York State and local sales and compensating use taxes. Contractors must also file a Form ST-220-CA, certifying to the procuring state entity that they filed Form ST-220-TD with the Tax Department and that the information contained on Form ST-220-TD is correct and complete as of the date they file Form ST-220-CA.

All sections must be completed including all fields on the top of this page, all sections on page 2, Schedule A on page 3, if applicable, and Individual, Corporation, Partnership, or LLC Acknowledgement on page 4. If you do not complete these areas, the form will be returned to you for completion.

For more detailed information regarding this form and section 5-a of the Tax Law, see Publication 223, Questions and Answers Concerning Tax Law Section 5-a, (as amended, effective April 26, 2006), available at www.nystax.gov. Information is also available by calling the Tax Department’s Contractor Information Center at 1 800 698-2931.

Note: Form ST-220-TD must be signed by a person authorized to make the certification on behalf of the contractor, and the acknowledgement on page 4 of this form must be completed before a notary public.

Mail completed form to: NYSTAXDEPARTMENT DATAENTRYSECTION WAHARRIMANCAMPUS ALBANYNY12227

Privacynotification

The Commissioner of Taxation and Finance may collect and maintain personal information pursuant to the New York State Tax Law, including but not limited to, sections 5-a, 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i).

This information will be used to determine and administer tax liabilities and, when authorized by law, for certain tax offset and exchange of tax information programs as well as for any other lawful purpose.

Information concerning quarterly wages paid to employees is provided to certain state agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness of certain employment and training programs and other purposes authorized by law.

Failure to provide the required information may subject you to civil or criminal penalties, or both, under the Tax Law.

This information is maintained by the Director of Records Management and Data Entry, NYS Tax Department, W A Harriman Campus, Albany NY 12227.

of 4 ST-220-TD(5/07)

Section2— Affiliateregistrationstatus

G The contractor does not have any affiliates.

G To the best of the contractor’s knowledge, the contractor has one or more affiliates having made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made, and each affiliate exceeding the $300,000 cumulative sales threshold during such quarters is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law. The contractor has listed each affiliate exceeding the $300,000 cumulative sales threshold during such quarters on Schedule A of this certification.

G To the best of the contractor’s knowledge, the contractor has one or more affiliates, and each affiliate has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Section3—Subcontractorregistrationstatus

G The contractor does not have any subcontractors.

G To the best of the contractor’s knowledge, the contractor has one or more subcontractors having made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made, and each subcontractor exceeding the $300,000 cumulative sales threshold during such quarters is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law. The contractor has listed each subcontractor exceeding the $300,000 cumulative sales threshold during such quarters on Schedule A of this certification.

G To the best of the contractor’s knowledge, the contractor has one or more subcontractors, and each subcontractor has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Sworn to this day of , 20

(sign before a notary public) (title)

Section1 — Contractorregistrationstatus

G The contractor has made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made. The contractor is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law, and is listed on Schedule A of this certification.

G The contractor has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

I, , hereby affirm, under penalty of perjury, that I am (name) (title)

of the above-named contractor, and that I am authorized to make this certification on behalf of such contractor.

CompleteSections1,2,and3below.Make onlyone entry in each section.

ST-220-TD(5/07) Page3 of 4

ARelationship to

Contractor

BName

CAddress

DFederal ID Number

ESales Tax ID Number

FRegistration

in progress

Column A – Enter C in column A if the contractor; A if an affiliate of the contractor; or S if a subcontractor.

Column B – Name - If the entity is a corporation or limited liability company, enter the exact legal name as registered with the NY Department of State, if applicable. If the entity is a partnership or sole proprietor, enter the name of the partnership and each partner’s given name, or the given name(s) of the owner(s), as applicable. If the entity has a different DBA (doing business as) name, enter that name as well.

Column C – Address - Enter the street address of the entity’s principal place of business. Do not enter a PO box.

Column D – ID number - Enter the federal employer identification number (EIN) assigned to the entity. If the entity is an individual, enter the social security number of that person.

Column E – Sales tax ID number - Enter only if different from federal EIN in column D.

Column F – If applicable, enter an X if the entity has submitted Form DTF-17 to the Tax Department but has not received its certificate of authority as of the date of this certification.

ScheduleA—Listingofeachentity(contractor,affiliate,orsubcontractor)exceeding$300,000cumulativesalesthresholdList the contractor, or affiliate, or subcontractor in Schedule A only if such entity exceeded the $300,000 cumulative sales threshold during the specified sales tax quarters. See directions below. For more information, see Publication 223.

Page� of 4 ST-220-TD(5/07)

Individual,Corporation,Partnership,orLLCAcknowledgment

STATE OF } : SS.:COUNTY OF }

On the day of in the year 20 , before me personally appeared ,

known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that

he resides at ,

Town of ,

County of ,

State of ; and further that:

[Mark an X in the appropriate box and complete the accompanying statement.]

G(If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

G (If a corporation): _he is the

of , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

G (If a partnership): _he is a

of , the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

G (If a limited liability company): _he is a duly authorized member of LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument

on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Notary Public

Registration No.