Auburn University Request for Proposal

Cable TV Solution

RFP NO. B0008544

Due: 10:30 a.m. CT on April 22, 2020

RFP No. B0008544 Auburn University Cable TV Solution

TABLE OF CONTENTS

Section I Request for Proposal

Section II Instructions to Proposers

Section III Form of Proposal

Section IV Bid Conditions

Section V Evaluation Criteria

Section VI AU General Terms and Conditions

Attachment A Calendar of Events

Attachment B References

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RFP No. B0008544 Auburn University Cable TV Solution

Section I. Request for Proposal

A. Expectations for the Auburn University Cable TV Solution

Auburn University is currently operating its own (CATV) system headend and distribution network in a single campus environment. The purpose of this Request for Proposal (RFP) is to solicit proposals for upgrading the University’s CATV system/solution to provide the following new capabilities:  IPTV for on‐campus Housing students o Ability for on‐campus dormitory students to stream CATV programs over the campus data network (Internet Protocol) o Vendor may propose an IPTV solution that allows users to access TV programming beyond the campus network  Channels with Auburn University originated content o Examples may include channels for student organizations such as SGA, Greek Life, intramural sports, college organizations, etc. o Vendor should describe how the process works with their proposed solution.  Optional headend equipment maintenance o Vendor support/maintenance of new headend equipment required for vendor’s proposed solutions for CATV, IPTV, and university originated content channels.

TERM OF CONTRACT: Auburn University requests pricing for the following term options: 1. Initial one (1) year term, with the ability for the University, in its sole discretion, to renew on the same or similar terms and conditions, for up to four (4) additional one‐year periods. 2. Initial two (2) year term, with the ability for the University, in its sole discretion, to renew on the same or similar terms and conditions, for up to three (3) additional one‐year periods. 3. Initial three (3) year term, with the ability for the University, in its sole discretion, to renew on the same or similar terms and conditions, for up to two (2) additional one‐year periods. The general and technical specifications, together with the related information, comprise the requirements of this project.

B. Proposal Overview and Definitions

Proposals will be received in the AU Procurement and Business Services office at 212 Ingram Hall, Auburn, AL until 10:30 a.m. CT on April 22, 2020. Proposals will be publicly opened at 10:30 a.m. CT on April 22, 2020.

Due to COVID‐19 travel and work restrictions in some parts of the country, Auburn University will allow the submission of electronic bids. Hard copy responses will also be received. No preference will be given to either method of response. Complete bid responses should be submitted by 10:30 a.m. CT, Wednesday, April 22, 2020. Emailed bid responses can be 3

RFP No. B0008544 Auburn University Cable TV Solution

submitted to [email protected] with Bid number B0008544 as the Subject line. No other language should be in the subject line.

Throughout the remainder of this Request for Proposal, all entities involved will be referred to as follows:  Auburn University will be referred to as “University” or “AU”.  Office of Information Technology will be referred to as “OIT”.  Vendor will be referred to as “Respondent”, or “Bidder”.  This document will be referred to as “RFP”.

All inquiries regarding this proposal and its contents should be directed to:

Burnette N. Tolbert, A.P.P. Procurement and Business Services 212 Ingram Hall Auburn University, AL 36849

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RFP No. B0008544 Auburn University Cable TV Solution

Section II. Instructions to Proposers

A. Proposal Response

 Proposals should be addressed and delivered to the Procurement and Business Services office, Auburn University, 212 Ingram Hall, Auburn University, , 36849‐5101, on or before the time and date set for closing. Proposals should be in a sealed envelope marked: o Company Name o RFP Number o Date and Time Proposal is Due

 Proposers may withdraw proposals at any time prior to the time and date set for opening.

 The University reserves the sole and exclusive right to reject or accept any or all proposals and to waive any informality in proposal. The best interest of the University and their subsequent facilities shall be considered as the number one determining factor in selecting or not selecting a Proposer.

 No department, school, or office at the University has the authority to solicit official proposals other than Procurement and Payment Services. All solicitation is performed under the direct supervision of the Director of Procurement and Business Services and in complete accordance with the University policies and procedures.

 The University reserves the right to conduct discussions with proposers, to accept revisions of proposals, and to negotiate price changes. The University will make reasonable efforts to protect proprietary information, but all records are subject to State of Alabama open records laws.

 Proposers submitting proposals which meet the selection criteria, and which are deemed to be the most advantageous to the University may be requested to give an oral presentation to a selection committee. Procurement and Payment Services will schedule the presentations.

 The University is committed to the development of Small Business and Small Disadvantaged business (SB & SDB) suppliers. If subcontracting is necessary, the contractor will make every effort to use SB & SDB in the performance of this contract.

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RFP No. B0008544 Auburn University Cable TV Solution

Reporting will be required throughout the duration of the contract indicating the extent of SB & SDB participation.

 The Suppliers shall indemnify, defend, and hold harmless the University, its officers, agents, and employees from any claims, damages, and actions of any kind or nature arising from or caused by the use of any materials, goods, equipment, or services furnished by the Supplier, provided that such liability does not attribute to the sole negligence of the University.

 The successful vendor will have to attest to the following: By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama, Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

 Read and comply with all instructions, specifications, General Terms and Conditions, and Bid Conditions.

Section III. Form of Proposal

A. Proposal Format

 Submit one (1) “American with Disabilities Act”‐compliant copy of the initial response on a USB flash drive, preferably in Word® and/or Excel®. The original response must contain the original manual signature of the authorized person signing the proposal, and the electronic copy of the proposal.

 Submit one (1) original and two (2) copies of the offeror’s proposal in hard copy form. Failure to include the original response, the electronic Word/Excel ®, and all signed copies may be grounds for rejection of your initial response without further evaluation.

 Original proposal and all copies must be on 8‐½ x 11 text weight paper, using binding tabs that will facilitate the distribution and evaluation of the proposals.

 The original hard copy response must be in a standard size 3 ring binder or binders, tabbed and numbered as described on the following page.

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RFP No. B0008544 Auburn University Cable TV Solution

o Copies must be bound but may be bound using alternative binding.

o If there is any information or required submittals which due to size or binding cannot be incorporated following the proper tab, the offeror must provide information following the numbered tab, telling the evaluator where the information can be found in the response.

 Copies may be submitted in bulk.

 The outer carton of the response must include the name of Company, RFP number, and due date and time.

 No telephone, facsimile or telegraphic proposals will be considered. Proposals received after the time for closing will be returned to the proposer unopened.

B. Tabular / Paginated Format

 Tab 1: A one to two‐page executive summary of the offeror's proposal, including brief descriptions of the company’s expertise procuring a contract the size and scope described in the RFP, and how the proposer plans to address the University’s requirements.

 Tab 2: Contact name(s) and title(s) of the individual(s) responsible for the company’s proposal and negotiation during this RFP process.

 Tab 3: The financial statements of the company for the past three years. If the company is a division of a larger corporation, the statements must be submitted for the corporation as a whole and for that division of the corporation.

 Tab 4: A listing of the company projects/customers similar in size and scope to the services described in the RFP. This list must include the name, address, telephone, and email address of the client contract administrator. If applicable, please list examples of services rendered in the state of Alabama, particularly within institutions of higher learning.

 Tab 5: Description of the process of producing “best value” for the University and its users, through creative marketing and/or other programs.

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RFP No. B0008544 Auburn University Cable TV Solution

 Tab 6: Exceptions to any terms and conditions.

 Tab 7: Additional comments.

 Tab 8: Vendor Disclosure Statement.

 Tab 9: Vendor Questionnaire.

Section IV. Bid Conditions

A. Functional Requirements of Contract to be Awarded

Implementation The successful bidder shall have demonstrated experience providing video programming and campus cable TV solutions in a multiple‐housing‐unit environment. The University intends to review the bidder’s years of experience working with universities and governmental agencies.

A successful bid should include each of the following components:  References for current customers See Attachment B. References  Pricing model(s) See Section V. Evaluation Criteria  Description of proposed Cable TV solutions including all new hardware, delivery mechanism for channel programming (satellite or fiber), listing of available programming options (channels), required vendor support/maintenance of new hardware, Pricing breakdown, etc.  IPTV solution description and pricing  Solution description and pricing for Channels with Auburn University originated content  Optional services and solutions, descriptions, and pricing  Proposed schedule for implementation See Implementation Schedule section below.  Auburn University requests that vendor provide a per channel pricing breakdown of its programming packages. See example price worksheet below. The price worksheet should detail every cost and service proposal (including no cost options) for all channels in the Vendor’s bid.

Example Price Worksheet

Service Monthly Price per Unit/Subscriber MSNBC No charge The Discovery Channel No charge

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RFP No. B0008544 Auburn University Cable TV Solution

TBS (, GA) No charge History Channel No charge ESPN Package (list $ channels) HBO Package $ Fox Sports $ Foreign language options $ TV 5 France $ RAI Italy $ Deutsche Welle Germany $ C1RW Russian $

Requirements of the new CATV solution:  All channels in high definition (HD) that are available in HD  Flexible programming service with options to add, remove, or swap channels  Customizable channel line‐up (i.e. Auburn University selects channel order/number)

Desired features and capabilities of the new CATV solution:  Remote manageable system  Vendor provided student support via 24x7x365 online/call‐in Support Center  Onsite support for on‐campus Housing students during Fall Semester move‐in week

Auburn University requests vendors submit proposals for the provisioning of video programming and content to be distributed on the existing campus cable television system at Auburn University. New commercial‐grade receiver equipment should be included as part of Vendor’s proposal. Proposals should include programming package/channel options, including a‐la‐carte or mini‐packages.

Vendors are encouraged to extend and enhance their proposals beyond the required specifications of this RFP. If additional or optional services are available, and can be legally redistributed by the University, vendors may wish to propose them in their solution.

Vendor should specify mode of delivery of video programming, either via satellite system or fiber optics to the Auburn University head‐end.

Vendor should provide bulk purchase of programming for approximately 2,000 university dorm rooms, which house approximately 4,600 students total. The exact number of rooms and students may vary from year to year and may need to be adjusted accordingly on an annual basis to determine the total amount of fees owed by Auburn University each year.

In addition to residential student housing, the university may also deliver cable TV programming

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RFP No. B0008544 Auburn University Cable TV Solution

to university classrooms, offices and for other non‐residential university business/departmental purposes, including the university‐owned and operated hotel and conference center. The University does not expect to be charged additional fees for non‐residential student use. Vendor should specify additional fees charged, if any, for non‐residential university business purposes.

In addition to the video programming provided by the Vendor, the University will provide additional programming including local over‐the‐air broadcast stations, which will have priority channel placement. Award of a contract by the University to vendor in no way gives the vendor any rights to specific programming or allows the vendor to influence channel positioning in the University line‐up.

The vendor will coordinate with the University to an implementation and launch plan that activates the receiving equipment at least 2 weeks prior to any channel changes or service activations.

The University may insert additional programming into the cable TV channel line‐up that is not provided by the awarded vendor. If the vendor cannot provide programming that is required by the University, or if the University can receive programming from another source at a lower cost, then the University reserves the right to use the alternative provider.

The pre‐qualification of vendors or the execution of an agreement with a vendor in no way grants any rights for the vendor to provide data communications, telephony, or pay‐per‐view services on the university campus.

This RFP is not intended to solicit bids for the maintenance of the existing on‐campus cable television system headend or distribution. All maintenance of the existing cable TV system is currently handled by the university and a local contractor.

Vendor’s proposal may include vendor‐provided maintenance of new headend cable TV equipment provided by the awarded vendor or that is required to deliver additional services such as IPTV. Additional maintenance may be proposed by the vendor, but separate pricing should be provided.

The vendor shall supply a phone number for Auburn University to call for support or to report any service interruptions.

Resolution of problems will be conducted in a professional manner. Recurring or excessive outages may result in early termination of an agreement that results from this RFP.

Notification of satellite re‐positioning or channel changes must be provided no less than 3 weeks prior to any cutover.

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RFP No. B0008544 Auburn University Cable TV Solution

Existing Environment

Auburn University owns and operates an all‐digital QAM clear channel cable television (CATV) system. There are no tiered services and no subscriber boxes are required. All CATV headend equipment is centrally located in the university’s Tower Building at 298 Hemlock Drive, Auburn, AL. Most programming is provided over satellite by DirecTV, with some over‐the‐air broadcast stations inserted into the channel lineup. Headend equipment consists of DirecTV receivers, an encoder for each channel, and combiners for CATV distribution across campus. CATV distribution is via the university’s single mode fiber optic backbone, with a dedicated CATV fiber pair serving each building. RG6 coaxial cabling is used for in‐building distribution to individual CATV outlets.

Following are the channels that Auburn University currently has on its cable TV system.

2 Cable Guide 3.1 WRBL‐CBS HD 3.2 Me TV 3.3 Ion 3.4 Laff 4 Nickelodeon HD 5 Cartoon Network HD 6 Eagle‐Eye (local) 7 ABC Family Free Form HD 8 Disney Channel 9.1 WTVM ABC 9.2 Bounce TV 9.3 Circle 9.4 Grit 9.5 Q 10 TBS HD 11 The Weather Channel HD 12.1 WSFA TV HD 12.2 Bounce TV 12.3 Circle 12.4 Grit 13 Bravo HD 14 Lifetime HD 15 OWN HD 16 Women’s Entertainment HD 17 LOGO HD 19 TV Land HD 20.1 WCOV Fox 20.2 Antenna TV 20.3 This‐TV 21 BET 22 TV ONE HD 23 Oxygen HD 24 C Span1 HD 25 C Span2 HD 1

RFP No. B0008544 Auburn University Cable TV Solution

26.1 WAIQ APT HD 26.2 PBS Kids 26.3 APT Create 26.4 World 29 Ovation HD 31 CMT HD 32 AXS TV HD 33 MTV HD 34 MTV 2 HD 36 VH 1 HD 37 MTVCL HD 38.1 WLTZ NBC HD 38.2 CW 38.3 Antenna TV 38.4 Court 40 ESPN HD 41 ESPN 2 HD 42 ESPN News HD 43 ESPN‐U 44 ESPN Classic HD 45.1 SEC Network HD 45.2 SEC‐ALT HD 46 Fox Sports HD 48 CBS Sports HD 50.1 War Eagle Productions 1 HD 50.2 War Eagle Productions 2 HD 50.3 War Eagle Productions 3 HD 50.4 War Eagle Productions 4 HD 50.5 War Eagle Productions 5 HD 51 Fox Sports South HD 52 Fox Sports 1 HD 53 Fox Sports 2 HD 54.1 WXTX FOX HD 54.2 Live Well 54.3 Escape 55 Fox Soccer HD 56 NBC Sports HD 57 Golf Channel HD 58 Tennis HD 59 MLB Baseball HD 60 NHL Hockey HD 61 NFL Football HD 62 NBA Basketball HD 63 Big Ten HD 63 Sportsman Channel HD 64 Pursuit Channel HD 66.1 WLGA Cozi HD 66.2 WLGA 66.3 This 1

RFP No. B0008544 Auburn University Cable TV Solution

66.4 QVC 66.5 Q 66.8 Light 67 RFD TV HD 70 CNN HD 71 HLN Headline News HD 72 CNBC HD 73 MSNBC HD 74 Fox News HD 75 Fox Business HD 76 Bloomberg News HD 77 Weather Nation HD 80 Discovery Channel HD 81 Discovery Science HD 82 Investigation Discovery HD 83 Nat Geo HD 84 Nat Geo Wild HD 85 History Channel HD 86 Vice Land HD 87 Velocity HD 88 Animal Planet HD 89 FYI HD 90 The Learning Channel HD 91 AHC American Heroes HD 92 Link TV 93 Destination America HD 94 Travel Channel HD 95 Cooking Channel HD 96 ION TV HD 97 Food Network HD 98 HGTV HD 99 NASA HD 100 Comedy Central HD 101 Spike TV HD 102 Game Show Network HD 103 A&E HD 104 TNT HD 105 USA HD 106 FX HD 107 TRU‐TV HD 108 Cloo‐TV HD 109 E! Entertainment HD 110 Reelz Channel HD 111 Audience Channel HD 112 Fuse HD 113 Chiller HD 114 SyFy HD 115 Sundance Channel HD 116 FX Fox Movie Channel HD 1

RFP No. B0008544 Auburn University Cable TV Solution

117 Lifetime Movie Network HD 118 AMC American Movie Classics HD 119 IFC Independent Film Channel HD 120 HBO East HD 121 HBO West HD 122 HBO 2 HD 123 HBO Family HD 124 HBO Signature HD 125 HBO Comedy HD 126 HBO West HD 127 CineMax HD 128 ActionMax HD 129 StarMax HD 130 MorMax HD 131 MovMax HD 141 CCTV4 (China) 144 TV Asia 145 YTN 146 CCTVN 147 Galavision 148 149 C1R‐ORT Moscow 150 EWTN 200.1 Menu‐1 200.2 Menu‐2 300 Signage 301 Signage 302 Signage 303 Signage 304 Signage

General Requirements

Vendor’s response to this RFP should provide the same or similar channel programming as currently available on the Auburn University cable TV system. Any existing Auburn University channels not included in Vendor’s proposal should be identified specifically by the Vendor. Auburn University is also interested in additional optional channels. Vendor shall provide a complete channel listing along with all pricing in its response to this RFP.

Vendor’s bid price(s) shall cover all costs for a complete solution including all one‐time and recurring fees. Pricing must be provided for all programming offered by Vendor in its proposal, whether individual channel prices or package prices.

Bid prices should be guaranteed for the initial term of the contract for all services and channel programming that the Vendor offers in its proposal. If vendor cannot guarantee pricing for certain services and channels, then it must identify those services and channels and propose

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RFP No. B0008544 Auburn University Cable TV Solution

alternative pricing terms.

The University is not liable for any cost incurred by the vendor in the preparation of its response to this RFP.

Implementation Schedule

Auburn University intends to award a contract within two weeks following the bid due date of this RFP.

The University desires that installation of all new CATV solutions resulting from this RFP be completed by June 30, 2020. Vendor’s response to this RFP should include a proposed schedule for meeting this target installation date. If vendor cannot meet this target date, then vendor must propose an alternate schedule with a completion date no later than July 31, 2020.

Vendor proposals will be evaluated on the ability to meet the installation schedule outlined above.

Section V. Evaluation Criteria

The objective of this RFP process is to identify the proposal that offers the best and most financially appealing Cable TV programming solution and service offering for Auburn University. The evaluation process will include review of proposals, possible follow‐up questions to the vendors, and completion of an evaluation sheet according to the following criteria. The intent will be to award a contract to a single vendor as the primary CATV solution provider for the bulk of cable TV services to the University.

Individuals from the University’s Office of Information Technology will form the evaluation committee for this RFP. In awarding the contract, the University may take into consideration the skill, facilities, capacity, experience, ability, responsibility, previous work, reputation and financial standing of the bidder or respondents, and the amount of other work carried on by the bidder. The inability of any bidder to meet the requirements mentioned above may be cause for rejection of proposal.

Selection shall be determined to be in the best interest of the University. An Agreement will be awarded to the successful respondent who in the opinion of the University, has best demonstrated competence and qualification for the type of service requested and whose proposal is deemed to be in the best interest of the University. Where contract negotiations with a respondent do not proceed to an executed contract within a time deemed reasonable by the University (for whatever reasons), the University may reconsider the proposals of other respondents and, if appropriate, enter into contract negotiations with one or more of the other respondents. Proposals shall remain valid and current for the period of 90 days after the closing

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RFP No. B0008544 Auburn University Cable TV Solution

date and time for submission of proposals. The respondent and University agree that the time is of the essence in all respects concerning the award of contract and performance hereunder.

The University shall determine the award after evaluating each vendor response on the following criteria and points:

1. Costs of proposed solutions to the University – 50%

In addition to vendor pricing, Auburn University will consider its own internal costs in its award decision.

2. Experience of the vendor in providing cable TV solutions and programming – 25%

We intend to review the vendor’s years of experience providing video programming, their experience in multiple housing unit environments, and their experience with universities and/or governmental agencies including prior history working with Auburn University. This process will rely heavily on customer references provided by the vendor (see below).

3. Flexibility of the vendor in packaging of the program offerings and other cable TV solutions (e.g. IPTV) and vendor’s ability to meet Auburn University’s schedule for installation. – 25%

This includes vendor’s ability to meet Auburn University’s needs from a channel programming perspective, IPTV solution, and university originated content channels as outlined in this RFP, as well as optional services and solutions that the vendor might propose. It also includes vendor’s ability to meet the University’s installation schedule as outlined in this RFP.

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Section VI. AU General Terms and Conditions

1.0 – General Terms and Conditions 1.4 – Any deviation from these general terms and conditions 1.1 – These terms and conditions are hereby incorporated or exceptions taken shall be described fully and appended to into this quote/bid and apply in like force to any subsequent the bid form on the bidder’s letterhead and over the contract order resulting from this bid quote/bid. Some signature of the person authorized to sign the bid form. Such conditions listed herein may not apply due to the nature of appendages shall be considered part of the bidder’s bid the product or service, or the manner in which it is procured. form. In the absence of any statement of deviation or exception, the bid shall be accepted as being in strict 1.2 – Whenever and wherever items of materials or compliance with all terms and conditions. equipment have been identified by describing a proprietary product, the identification is intended to be descriptive, but 1.5 – There are no Federal or State laws that prohibit not restrictive, and is used to indicate the quality and vendors from submitting bids/quotes lower than a price or characteristics of products that will be satisfactory to the bid given to the U. S. Government. University. Bids offering equal or alternate materials and equipment will be considered for award provided such items 1.6 – The successful bidder may be required to furnish a are clearly identified in the bids, and are determined by monthly or quarterly summary of purchases made under the Auburn University to be of equal value in all material provision of the contract. The format and frequency of the respects to the proprietary items specified. report will be determined by the University.

Unless the firm submitting the bid has clearly indicated in its 1.7 – Auburn University reserves the right to require a bid that it is offering an “equal,” or “alternate” items the bid performance bond from the successful bidder at the shall be considered as offering the items as specified in the discretion of the University’s Procurement Professional. invitation for bids/ quotations. Unless specifically to the contrary in the bid documents, the cost of the bond shall be paid for entirely by the successful If the firm submitting the bid plans to furnish an equal or bidder. alternate items , the brand name and identifying numbers and/or letters are to be inserted in the spaces provided or When required, the proper and timely submission of any shall be otherwise clearly identified in the bid. The performance and payment bonds is a material condition for evaluation of the bids and the determination as to quality of award/performance of this order. Vendor is not authorized the product offered shall be the responsibility of Auburn to proceed with work and/ or deliveries unless all required University. The bid award shall be based on the information bonds have been obtained, are acceptable to and received furnished by the bidder or identified in the bid, as well as by the University. information reasonably available to the Procurement Services. 1.8 – Failure of the successful bidder to adhere to delivery schedules as specified or to promptly replace rejected 1.3 – The University will consider acceptable substitutes that materials shall render the successful bidder liable for the meet, or exceed the quality of materials and workmanship of difference between the “open market” and the quoted price the items specified in the bid/quotation. Substitutions shall where emergency purchases become necessary. be of the same general design, size and style. 1.9 ‐ Any and all items received under a resulting contract All proposed substitutes submitted must be accompanied by will be subject to inspection and testing to determine the illustrations showing the design and style. Each illustration is quality and to ascertain that they meet specifications. to have on it, or attached to it, the item number of the specified piece to which it is an alternate. Sizes shall also be 1.10 – Samples, when required, must be furnished free of included. expense after the opening of the bid and if not destroyed, will upon request, be returned at the bidder’s expense. All substitutes shall be listed in the spaces provided. Should Request for the return of samples must be made within ten additional space be required, the bidder shall use separate days following the opening of bids/quotations, unless sheet of paper to list alternates. Any additional list should be otherwise stated. Each individual sample must be labeled prepared in like form to the bid document. with the bidder’s name and item number.

Auburn University will consider all proposed; however, it is 1.11 – Deliveries shall be F.O.B. Auburn University not bound to any which, in the University’s opinion, is not in (destination). Delivery by the successful bidder to the the University’s best interest. common carrier will not constitute delivery to the University.

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1.12 ‐ Successful bidder must agree to replace, free of charge, all defective items delivered under contract. All 1.19 – The successful bidder must provide service manuals transportation charges covering return and replacement of with full documentation and schematics when applicable and items is to be done by the successful bidder. appropriate.

1.13 ‐ Payment for any item delivered may be withheld until 1.20 – The apparent silence of this specification and any all items and conditions have been complied with in full. supplemental specifications as to any details, or the omission from it of a detailed description concerning any point shall 1.14 ‐ It is agreed and understood that the bidders may be regarded as meaning that the best commercial practices attend the bid opening and may inspect the bid tabulation. are to prevail, and that only materials of first quality and However, no information will be given out as to opinion correct type, size, and design are to be used. All concerning the ultimate outcome while consideration of the workmanship is to be first quality. All interpretations of this award is in progress. Information regarding disposition will specification shall be made on the basis of this statement. be available after an award is made and upon request. 1.21 – Should it become necessary in order to evaluate a 1.15 – The successful bidder shall maintain, or have available bidder’s qualifications, the University may require the bidder for his own use, an inventory sufficient to make delivery to furnish information as indicated below: within the time specified in this bid/quotation, provided that 1. Financial resources no default shall occur to deliver in less than the number of 2. Personnel resources days stated in this bid/quotation from the date of receipt of 3. Executive or key person resumes notice to ship/deliver. 4. Evidence of ability to meet delivery schedule 5. Ability to meet specification quality requirements 1.16 – Auburn University is not necessarily bound to accept 6. Availability of production capacity the lowest bid if that bid is contrary to the best interest of the University. In making an award, intangible factors such as 1.22 – In the event that the successful bidder fails to make the service capability, integrity, facilities, equipment, delivery of acceptable goods on or before the agreed reputation and past performance of the firm submitting the delivery date and the University expends unreasonable time, bid may be weighed. When other factors are clearly stated in effort, telephone calls and correspondence, the University the bid document, they will also be used in determining an will bill the supplier at a reasonable cost for such and deduct award. it from the applicable invoice.

In the case of a tie for low cost, the Procurement Official may 1.23 – Any Purchase Order/contract resulting from this use the following: If one of the bidders has an existing bid/quotation can be cancelled without penalty if any of the contract and performance on an existing contract is following conditions exist: satisfactory, this bidder gets the award. a. Breach of contract b. The vendor fails to furnish a satisfactory performance Conversely, if performance on an existing contract is bond within the time specified when such a bond is documented as not satisfactory, award goes to the other tie required. bidder. If one tie bidder is local, preference may be given to c. Failure of the vendor to make delivery within the time that bidder. specified. d. In the event material, supplies or equipment furnished 1.17 – All additional charges such as shipping, installation, does not meet specifications. insurance or other cost must be fully itemized with the e. Where the contract was obtained by fraud, collusion, bid/quote. Charges not specified at the time of the bid/quote conspiracy or any other unlawful means. will not be honored. The Purchase Order/contract may also be cancelled by 1.18 – It is mutually agreed by and between Auburn convenience by any party. The effective date of cancellation University and the bidder that the University’s acceptance of shall be thirty days of written notice of intent by one of the the bidder’s offer by the issuance of a Purchase Order shall parties. The vendor will, however, will be required to honor create a contract between the two parties. Any exceptions all orders that were prepared and dated prior to the date of taken by the bidder, which are not included in the Purchase cancellation, if required to do so by the University. Order, will not be a part of the contract. Therefore, in the event of a conflict between the terms and conditions of this 1.24 – The University reserves the right to award as many bid/quote and information submitted by a bidder, the terms term contracts for the supply of any class or type of and conditions of this bid/quotation and resulting Purchase commodity as may be to the best interest of the University. Order will govern.

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1.25 – This section will apply when items in the bid/quotation are requested to be on a “furnish and install” 1.30 – ADVERTISING. No advertising or publicity matter basis. The successful bidder will have the complete having or containing any reference to Auburn University or responsibility for the items or system until it is in place and any of its faculty/staff shall be made by successful bidder or working. Any special installation preparation and any one in successful bidder’s behalf unless successful bidder requirement will be submitted to the University after the has written consent of the University. receipt of a purchase order. All transportation and cooperation arrangements will be responsibility of the No public release of information, news release, successful bidder. The delivery of equipment will be announcement, denial or confirmation of this order or the coordinated so that items will be delivered directly to the subject matter hereof, shall be made without the installation site. This will minimize the risk of damage and University’s prior written approval. avoid double handling by University personnel. 1.31 ‐ LAW. The laws of the State of Alabama shall govern 1.26 – Any alleged oral agreement made by a bidder or any order, and the venue of any action brought hereunder contractor, with any university department or employee will may be laid in or transferred to the County of Lee, State of be disregarded. Alabama.

1.27 – Prompt payment discounts (“cash discounts”) will not 1.32 – PAYMENT TERMS. Unless otherwise specified in the be considered in determining the lowest bidder. purchase Order/contract terms of payment are “Net 30 days.” 1.28 – Successful bidder may be required to furnish policies or certificates of insurance, with Auburn University, its Board 1.33 – INSOLVENCY. If vendor ceases to conduct normal of Trustees, Faculty, Staff, and agents named as additional business operations (including inability to meet its insured, as follows: obligations), of if any proceedings under bankruptcy or insolvency laws is brought by or against vendor, or a receiver 1. a. Workman’s Compensation – Statutory for vendor is appointed or applied for, or vendor makes an b. Employer’s Liability ‐ $1,000,000.00 assignment for the benefit or creditors, the University may terminate this order, without liability, except for deliveries 2. Comprehensive General Liability previously made and for supplies completed and subsequently in accordance with the terms or the order. In a. General Aggregate ‐ $1,000,000.00 the event of the vendor’s insolvency, the University shall b. Products‐Complete ‐ $1,000,000.00 have the right to procure the balance of this order from Operations Aggregate others without liability. c. Personal & Advertising ‐ $1,000,000.00 injury d. Each occurrence or single limits of ‐ 1.34 ‐ CANCELLATION FOR LACK OF FUNDING. This purchase $1,000,000.00 order/contract may be cancelled without further obligation on the part of Auburn University in the event that sufficient, 3. Automobile Liability appropriated funding is unavailable to assure full

performance of its terms. The Vendor shall be notified in a. Bodily injury ‐ $1,000,000.00 Each Person writing of such non‐appropriation at the earliest opportunity. $1,000,000.00 Each Occurrence

b. Property damage or combined single 1.35 ‐ Contractor certifies that neither it, nor any of its $1,000,000.00 each occurrence limit of $1,000,000 employees who will provide or perform services under this

Due to the nature of some projects, Auburn University contract, have been debarred, suspended, or declared reserves the right to require additional limits of liability ineligible as defined in the Federal Acquisition Regulation coverage. (FAR 48 C.F.R Ch 1 Subpart 9.4). Contractor will immediately notify the University if the Contractor or any of its employees

1.29 ‐ Successful bidder agrees to comply with the conditions who will provide or perform services under this contract is of all applicable Federal Non‐Discrimination and Equal placed on the Consolidated List of Debarred, Suspended, and Opportunity laws, the Federal Occupational Safety and Ineligible Contractor Health Act of 1970 (OSHA), the Washington Industrial Safety Act of 1973 (WISHA), as amended, and the standards and regulations issued there under, and certifies that all items furnished and purchased will conform to and comply with such applicable standards and regulations. All applicable contracts will comply with the Davis‐Bacon Act.

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Attachment A. Calendar of Events

Task Date

RFP Bid Issued April 2, 2020

April 15, 2020 at 9:00 a.m. CT

Pre‐bid Meeting/Vendor Zoom Meeting Conference Call https://auburn.zoom.us/j/166069923 or Call‐in #: (646) 876‐9923 (312) 626‐6799 Meeting ID: 166 069 923

RFP Response Due April 22, 2020 at 10:30 a.m. CT

Contract Award Estimated April 29, 2020

All inquiries regarding this proposal and its contents should be directed to:

Burnette N. Tolbert, A.P.P. Procurement and Business Services 212 Ingram Hall Auburn University, AL 36849 (334) 844‐7771 [email protected]

Attachment B. References

Bidders shall submit at least three (3) references from the management of other universities or organizations for whom the respondent has provided services similar to those outlined within the RFP specifications. Include agency name, address, phone number, contact person, contact phone number, and contact email address. If this information is provided on a separate document, the bidder must communicate this to the University.

Reference 1

University/Company Name _

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Address _

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Company Phone Number

Contact Person

Contact Phone Number _

Contact Email

# CATV outlets ______# CATV channels ______

Reference 2

University/Company Name _

Address _

Company Phone Number _

Contact Person _

Contact Phone Number _

Contact Email _

# CATV outlets ______# CATV channels ______

Reference 3

University/Company Name _

Address _

Company Phone Number _

Contact Person _

Contact Phone Number _

Contact Email _

# CATV outlets ______# CATV channels ______

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