REQUEST FOR PROPOSAL WVNET 07005 REQUEST FOR PROPOSAL (RFP) FOR

REQUEST FOR PROPOSAL WVNET 07005

REQUEST FOR PROPOSAL (RFP) FOR INTERNET ACCESS

ISSUED BY HEPC JUNE 26, 2007

RFP WVNET 07005 – June 26, 2007

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Table of Contents INTRODUCTION .......................................................................................................................... 1 SECTION I. GENERAL INFORMATION................................................................................... 2 SECTION II. PURPOSE OF RFP ................................................................................................. 4 SECTION III. CURRENT ENVIRONMENT............................................................................... 5

A. Internet Access................................................................................................................... 5 B. Current Intranet Distribution Network............................................................................ 11 C. Current Aggregation Points............................................................................................. 12 D. Current Internet2 Connectivity ....................................................................................... 13

SECTION IV. PROPOSAL CONTENT AND FORMAT.......................................................... 14 A. Scope and Intent – Internet Access .................................................................................. 14 B. Scope and Intent – Tiered Internet Access....................................................................... 15 C. Scope and Intent – Internet2 Access ................................................................................ 15 D. Scope and Intent – Distribution Facilities........................................................................ 16 E. Proposal Format................................................................................................................ 18 E. Mandatory Elements of Proposals for Internet Access .................................................... 21 F. Elements of Proposals for Tiered Internet-Access ........................................................... 29 G. Elements of Proposals for Internet2 Access .................................................................... 29 H. Elements of Proposals for Distribution Facilities ............................................................ 30 I. Legal and Procedural Requirements.................................................................................. 33

SECTION V. EVALUATION OF RESPONSES ....................................................................... 37 A. Evaluation Criteria .......................................................................................................... 37 B. Evaluation Committee..................................................................................................... 38

APPENDIX A: HIGHER EDUCATION INSTITUTIONS........................................................ 39 APPENDIX B. PRICING SUMMARY SHEET......................................................................... 41

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INTRODUCTION The West Virginia Higher Education Policy Commission (HEPC) on behalf of West Virginia Network for Educational Telecomputing (WVNET) wishes to establish a contract with a vendor to supply dedicated Internet connectivity and Internet2 access for WVNET and its customers. WVNET’s customers for Internet connectivity may include education; state, county, and city government; libraries, and potentially some non-profit organizations. WVNET’s customers for Internet2 connectivity may include education, libraries, and both for-profit and non-profit organizations that qualify under Internet2 rules. This is not for general commercial use. HEPC reserves the right to accept or reject any or all proposals in the best interest of the HEPC and WVNET. Potential bidders must complete this proposal in accordance with the attached instructions. All interested parties are strongly encouraged to attend a pre-proposal conference, as documented in Section I of the RFP. Subject to change based on space requirements, the meeting is expected to be conducted in the WVNET Conference Room, 837 Chestnut Ridge Road, Morgantown, WV 26505, at the time specified in the Schedule of Events in Section I. Provisions will be made for any interested parties to participate in the pre-proposal conference by teleconference. Potential bidders who wish to use this option should use the contact information in Item 4 of Section I of this document and should provide e-mail and telephone information that WVNET should use to provide the conference information. Parties who believe they may want to use the teleconferencing option should notify Greg Kidder at WVNET; Phone: 304-293-5192 Ext. 288; E-mail: [email protected] of their intention no later than two business days prior to the conference. Questions or comments about the RFP may be submitted in writing pursuant to Section I, Item 5, to the HEPC’s Chief Procurement Officer prior to the meeting. In this case, every effort will be made to provide answers at the meeting. Questions may also be raised at the meeting. If possible, these will also be addressed at the meeting. The results of all of the questions and requests for clarifications that have been received by the end of the meeting will be documented in an addendum to this RFP, which will be issued as soon as is reasonably possible after the pre-bid meeting. In addition to the HEPC website identified in Section I.2 the addendum will be posted to the Purchasing section of the WVNET Web site, and all participants in the meeting will be sent e-mail announcing the release of the addendum. Attendance at the pre-proposal conference does not obligate a vendor to submit a bid.

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SECTION I. GENERAL INFORMATION The following is the tentative schedule of events for RFP WVNET 07005: Tuesday, June 26, 2007 Release of Request for Proposal Wednesday, July 11, 2007, at 1:30 p.m. Pre-Proposal Conference Monday, July 23, 2007 Release of addendum Wednesday, August 8, 2007, at 3:00 p. m. Opening of written proposals Tuesday, August 28, 2007 (estimated) Conclusion of evaluation of written proposals Friday, August 31 , 2007 (estimate) Award of contract Thursday, November 1, 2007 New Internet configuration operational Instructions to bidders:

1. Use any forms that may be provided in the RFP package, as instructed.

2. This RFP, any addenda issued, and answers to vendors’ questions will be posted at the following Web address. It is the prospective bidders’ obligation to check the Web address for current information.

http://www.hepc.wvnet.edu/resources/purchasing.html

3. All proposals must be delivered by the bidder to the delivery address shown below in item 5 and must be received prior to the date and time of the bid opening. Failure of the bidder to deliver the proposal on time will result in disqualification.

4. An original signed bid and one electronically readable copy of all components of proposal submissions must be delivered in a sealed envelope to the delivery address shown below in item 5. No submissions by e-mail or by fax can be accepted. The format and content of the electronically readable copy is discussed in Section II.C.2.

5. All inquiries concerning this RFP are to be in writing and directed to Chief Procurement Officer at the West Virginia Higher Education Policy Commission (HEPC). The e-mail address established for electronic correspondence associated with this RFP is [email protected] . The facsimile number is (304) 558-0259. The delivery address is:

Chief Procurement Officer RFP WVNET 07005 West Virginia Higher Education Policy Commission 1018 Kanawha Boulevard East, Suite 700 Charleston, WV 25301

6. Phone inquiries are not acceptable.

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7. Questions regarding this RFP to any other employees of WVNET or HEPC are prohibited.

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SECTION II. PURPOSE OF RFP The purpose of this Request for Proposal is to seek interested and qualified vendors to provide Internet access transport between WVNET’s higher-education partners and WVNET’s aggregation routers, and from the aggregation routers to the facilities and services that are collectively referred to as “the Internet.” This RFP seeks a replacement for the existing Internet service, with aggregation points in Morgantown and Charleston, and the capability for additional capacity. Also included in this RFP is the distribution network from WVNET’s aggregation routers to the various higher education institutions (HEIs) around the state to which WVNET provides Internet service. Further included in this RFP is a request for vendors to provide options for WVNET to offer a “tiered” Internet service to its higher-education customers. Some customers may have applications or users who need the current service level: a highly reliable, fault-tolerant network without any oversubscription until delivered to the Tier 1 Internet carrier. Some may have applications or users who do not require more reliability or freedom from congestion, delay, or jitter than is provided for residential consumer Internet service. It would be desirable to offer two different services at different pricing, without losing the economies of scale of having both services provided under a single volume contract for transport. Finally, this RFP invites bidders to include Internet2 access along with Internet access. The expectation is that local facilities and in-state distribution facilities to the HEIs can be utilized for both services, thereby increasing economies of scale and reducing the per-unit cost for transport for both.

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SECTION III. CURRENT ENVIRONMENT A. Internet Access The current WVNET configuration for Internet traffic uses eight OC3 circuits (approximately 155 million bits per second [Mbps] each) between WVNET facilities and Sprint’s Internet backbone. Four circuits carry traffic between WVNET’s headquarters in Morgantown and the Sprint point of presence (“POP”) in the northern part of the state, and four others operate between WVNET’s equipment in Building 6 of the Capitol Complex in Charleston and the Sprint POP in Charleston. A high-level diagram of the network configuration is shown in Figure 1, below.

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RFP WVNET 07005 – June 26, 2007

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Currently, based on customer requirements, WVNET does not design any oversubscription of capacity. So, if a customer requests 1 Mbps of Internet capacity, WVNET sets rate limits for that customer at 1 Mbps for both inbound and outbound Internet traffic and reserves that much Internet capacity for that customer on the aggregation links to the Internet, regardless of the customer’s planned or actual utilization of that capacity. For instance, WVNET currently has approximately 602 Mbps of Internet capacity allocated to customers on the Morgantown facilities (97% of available bandwidth) and 417 Mbps allocated in the Charleston facilities (67% of available bandwidth). However, because of the prohibition on oversubscription, the actual peak utilization over the past 12 months has been approximately 47% of capacity for incoming traffic and 17% of capacity for outbound traffic at the northern aggregation point and 42% inbound and 14% outbound at the southern aggregation point. Average utilization for the same period has been approximately 17% in the north for incoming traffic (8% outbound) and 13% in the south (6% outbound). Also, the traffic patterns tend to be strongly seasonal. The largest users of Internet service are in education, both K-12 and the post-secondary institutions. Therefore, during the summer, the Internet traffic drops roughly 40% below other seasons. Because the current WVNET contract for Internet service is usage based, WVNET can offer its customers the option to reduce their Internet allocations over the summer months and scale back up in the autumn. The change merely involves changing the rate limit for the customer to ensure that usage drops proportionately with customer allocations and chargebacks. Because of the disparity between allocations and usage, and because of the seasonal variations in traffic, pricing that is based on actual usage, rather than the total capacity of the port speed, is particularly desirable. Historically, Internet demand has been constrained by funding, and there has been considerable latent demand for service. When lower per-unit price points have been introduced, consumption has typically risen until again to the same funding-constrained level. An example is illustrated in Figure 2, below. In May 2003, prior to the last procurement for Internet access service, the overall allocation being charged back to WVNET’s customers was 205 Mbps. The effect of the funding constraint was evident as slope of the demand decreases over time, essentially flattening near the 200 Mbps level.

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Figure 2

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The current Internet contract took effect at the end of August 2003. Figure 3 shows the total allocation in November 2003, after orders had been processed that took advantage of the per-unit price reductions realized from that contract. Within the first 3 months, allocated bandwidth increased 84%. There have been additional cost reductions that have been negotiated with the provider during the term of the contract, and although they were not as great as the cost reduction realized at the outset of the contract, similar price elasticity has been exhibited each time the unit price has been reduced.

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Figure 3

WV INTERNET USAGENew Contract - November, 2003

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A similar demonstration of latent demand and price sensitivity occurred in September 2005. As a result of periodic renegotiations with the Internet contract holder, WVNET was able to announce a 20% reduction in its Internet rates. The resulting change in demand can be seen in Figure 4, below, which also shows demand through March 2007.

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Figure 4

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However, there is no guarantee of continued demand growth. Especially if there is an economic downturn that affects state tax collections and departmental budgets, there could just as easily be a net reduction in capacity requested by WVNET’s customers. Also, the Department of Education relies on subsidies from the Universal Service Fund and must therefore re-bid its Internet service periodically. Should WVNET not win this contract in the future, it would significantly affect the total Internet capacity that WVNET would need. Therefore, pricing and configurations that support unpredictable demand and that provide a high degree of flexibility to allow for graceful and rapid increases and decreases in Internet bandwidth are of significant value to WVNET and will be preferred in the evaluation of responses to this RFP. WVNET currently provides its own address space for itself and its customers and uses Border Gateway Protocol (BGP) routing used toward the Internet, advertising Autonomous System (“AS”) numbers 7925 and 12118. Bids should assume that this will not change and that WVNET or its customers will provide any routers at the customer premises. If a bidder believes there is a desirable alternative to any of these assumptions, this is the type of alternative configuration that should be included in the bid section for “Other Material for Consideration” (see information about the organization of responses in item 9 on page 19).

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B. Current Intranet Distribution Network Currently, customer sites are connected to the WVNET aggregation points over the statewide intranet. This network is designed and managed by WVNET. The facilities comprising the intranet are obtained through both contracts held by the Purchasing Division of the West Virginia Department of Administration (“State Purchasing”) and contracts held by WVNET. The facilities are a mixture of frame relay facilities, Ethernet-like services, and a small remainder of Asynchronous Transfer Mode (ATM) traffic. Because the network equipment for both WVNET and the State Office of Technology is collocated in Building 6 in Charleston, traffic to and from the Capitol Complex is connected directly to WVNET in Building 6, as are some other governmental units that have taken advantage of low-cost facilities in the Charleston area to run their own direct connections to WVNET. Likewise, some organizations are directly connected in Morgantown. The West Virginia Board of Education operates its own network in the state, and has collocated routing, filtering, and firewall equipment at WVNET’s aggregation points in both Charleston and Morgantown. This allows them to secure and filter their network at the point of contact with external resources. Within the statewide intranet, there is also some capacity reserved between WVNET’s northern and southern aggregation points for failover in the event that Internet access is interrupted from either aggregation point. This reserve capacity can then be used to route traffic that normally flowed over one access point to be re-routed to the other. The reserved capacity is not sufficient to provide the same dedicated allocations to customers that the primary configuration offers, but it permits continued operation with a potentially significant level of congestion. In addition to providing degraded performance, another undesirable aspect of this configuration is that WVNET must pay for this capacity every month, even though it may only be used for a few minutes a year. Distribution facilities of particular interest in this procurement are the connections of the various HEIs. Not only are these institutions some of the largest users of Internet services, but they are also WVNET’s core constituency. WVNET was originally part of West Virginia University and was spun off specifically to address the computing and communications requirements of higher education. WVNET is partially funded through higher-education appropriations and is governed by the HEPC. The current Internet contract focuses on the provision of service to WVNET’s aggregation points. The design, the operation, and the pricing were all oriented toward this approach. However, WVNET believes that it would be desirable to view service at the aggregation points and the related distribution to the HEIs as a comprehensive service. WVNET’s expectation is that this would allow for improved pricing and improved flexibility and fault tolerance. The expectation of lower pricing arises not only from the economies often recognized from a higher potential contract value, but also from the need for service at specific sites. The current intranet is largely based on contract pricing obtained by the State Purchasing. In an effort to

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simplify cost allocations and to ensure service equity for all parts of the state, regardless of population density and loop costs, State Purchasing specifies “postalized rates.” This means that all facilities of the same type cost the same, whether a facility is a 2-mile circuit in a downtown area or a 50-mile circuit to a remote state park. However, the HEIs are generally in relatively populous communities and typically should have good facilities, in some cases offered by multiple providers. The HEIs are also “pure” Internet Protocol (“IP”) sites, which offers a more uniform environment than is frequently bid by State Purchasing and which can support Ethernet-type services as easily as more traditional Wide-Area Network (“WAN”) protocols. C. Current Aggregation Points The aggregation points are located at

WVNET 837 Chestnut Ridge Road Morgantown, WV 26505 NXX: 293

and Building 6, Room B-110 1900 Kanawha Blvd. East Charleston, WV 25305 NXX: 558

Each of these buildings resides on OC-48 Synchronous Optical NETwork (“SONET”) rings from multiple carriers. Each ring runs “through” the aggregation point, with diverse entry points into the building. This provides automatic, and almost immediate, failover in the event that either side of a ring is disrupted. Historically, the most vulnerable element is usually the local loop, being most likely to experience construction damage and the least likely to have multiple physical paths. Therefore, the reliability of the local loop is an important element in evaluating the reliability of any proposed designs. The current configuration provides service between each aggregation point and the closest Sprint POP through SONET rings from two different local carriers, Verizon and FiberNet. Experience has shown that the SONET architecture provides sufficient protection for local transport, and bidders need not provide service from multiple local carriers, as long as the proposed service uses SONET rings with diverse building entrances. If this level of protection is not included, bidders must propose service from multiple local carriers. (Note that this is not meant to specify or endorse the use of the existing local carriers. Although they are known to have SONET rings with diverse entry at the two aggregation points, other carriers are likely to be willing to install comparable service, given a sufficient return on the investment. WVNET would cooperate fully with any other local carrier wishing to install such facilities.)

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However, bidders may wish to evaluate whether to propose a different local carrier in each aggregation point to provide a higher level of overall fault tolerance for their solutions. Bidders should consider whether any additional cost from this approach is worth the additional survivability from diverse local carrier systems. Bidders may find the evaluation criteria on page 37 useful in their consideration of this option. D. Current Internet2 Connectivity There is currently only one connection for Internet2 among HEIs in the state, and that is at West Virginia University in Morgantown. There is interest in making Internet2 capabilities and resources more generally available throughout the state. A working group has been formed to explore the interest of potential members of an Internet2 consortium within the state. Although there is interest in a number of institutions, the cost of connections between WVNET and an Internet2 “connector” and the cost of the additional bandwidth that would be necessary for each institution in the in-state distribution network are significant factors. These cost constraints may result in institutions using data rates that are substantially below those necessary to take full advantage of the capabilities of Internet2 applications and services. The working group is currently investigating Internet2 connectivity as a Sponsored Education Group Participant (“SEGP”) and as a Research and Education Network Member. Members of the working group are also participating in the preparation of a grant application to be submitted under the provisions of the FCC Rural Health Care Pilot Program. Some funding from this grant may be eligible to subsidize Internet2 connectivity for up to two years. However, the feasibility of a continuing connection will remain dependent on the cost structure, and the largest single element in the costs to the participants will be transport costs. The working group has been exploring Internet2 connectivity through two different paths. The first would attempt to build on the existing WVU connection through the Pittsburgh Supercomputing Center. The other would leverage available OARnet facilities in the Huntington area to partner with Marshall University to connect through the Ohio Supercomputer Center. WVNET’s expectation is that if these facilities – both between WVNET and a connector, and between WVNET and the participating institutions – can be provided over the same physical paths as the Internet service, the effective cost per unit for Internet2 bandwidth can be reduced through greater economies of scale.

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SECTION IV. PROPOSAL CONTENT AND FORMAT A. Scope and Intent – Internet Access WVNET requires that the successful bidder propose a solution that initially provides total Internet access capacity equivalent to its current configuration and that provides substantially equivalent reliability and path diversity, relative to the current service. WVNET believes there is more than one potential configuration that could provide high reliability and high value. WVNET therefore intends to evaluate each offering to determine the “best value” (low bidder is not necessarily the winner). Bidders should also provide a high degree of flexibility in WVNET’s ability to increase or decrease Internet capacity quickly, in relatively small increments, multiple times per year, with as little additional paperwork as possible. Bidders may propose different configurations, but the burden will be on the bidder to establish that the proposed configuration provides a better overall value. Some factors that might contribute to a value proposition are reduced migration effort, lower life-cycle cost, administrative and operational simplicity, improved fault tolerance, superior scalability, flexibility for changing requirements, or better support for potential applications. Bidders may submit proposals mirroring the current configuration for the purposes of evaluation, but may submit one or more alternative configurations in a section of their proposals for “Other Material for Consideration” (see information about the organization of responses in item 9 on page 19). One example of a possible alternative configuration is moving the existing southern aggregation point from Building 6 at the Capitol in Charleston to West Virginia State University in Institute (“WV State”). Long the site of the West Virginia Educational Network (“Ed-Net”), WV State has indicated their support of providing space for equipment on their campus. WV State does not have SONET rings running through their building with diverse entry, but does offer local facilities such as fiber from FiberNet, OC-3 and OC-12 terminations from Verizon, and fiber from the local cable-television operator. The site also offers an uninterruptible power source (“UPS”), although it lacks the generator backup of the existing aggregation points. The street address and the NXX for the WV State site is the same as the one provided in Appendix A. Use of a HEI for the southern aggregation point might offer a bidder the possibility of a lower overall cost to the HEI partners through the elimination of the local distribution facility between an aggregation point and one of the HEIs being served, WV State. As in other alternative configurations, the bidders should make their determinations of the tradeoffs of this option in terms of the weighting of the evaluation criteria shown in Section V.

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Note that if a bidder proposes a different southern aggregation point, the proposal must include the information for the distribution facilities in section IV-H for the sites in Appendix A that are aggregated there. WVNET will not otherwise be able to evaluate total cost, as the current price of the existing facilities cannot be used for evaluation. B. Scope and Intent – Tiered Internet Access Experience has shown that our customers’ requirements for Internet access are not homogenous. While almost all of them require some amount of Internet access that is as robust and responsive as the current service and are willing to pay a premium for that level of service. Continuation of that type of service is the service that is discussed under Section A, above. In addition to that service, however, the HEIs have found that they frequently have Internet traffic that does not require this service quality. Some have categories of users, particular campus locations, or specific types of devices or transactions that do not have the service requirements defined for WVNET’s primary Internet offering. A good benchmark for the environment acceptable for this less demanding traffic is the type of service typically provided for residential and commercial “broadband” Internet over DSL or cable. Typically, this service may be characterized by an absence of local-loop diversity, longer mean time to repair, greater variation in performance between transactions, greater jitter, higher latency, no support for quality of service (“QoS”), oversubscription of shared facilities between the end user and the Internet backbone, a higher packet loss than WVNET’s primary Internet offering, and generally lower service-level guarantees than WVNET’s primary Internet offering. Bidders are encouraged to offer designs and pricing for this option. Pricing for a tiered service will not be included in the evaluation of responses, because it is not possible to anticipate the solutions that may be offered. However, a response that includes a clear and effective design for a tiered option for Internet access can be expected to score can be expected to receive a higher rating in the Quality of Proposal component in the evaluation process. C. Scope and Intent – Internet2 Access Bidders are encouraged to propose creative responses that will allow high-speed transport between WVNET and Internet2, but proposing Internet2 Access is not mandatory. Bidders need not price the non-transport costs of connecting to Internet2, such as any Internet2 membership fees, participant fees, or connector fees. Any connector may be used, although the use of the Pittsburgh Supercomputing Center would permit WVNET to take advantage of the connector fees that WVU is already paying for its connection there. WVNET also invites comprehensive solutions that address not only the transport between WVNET and an Internet2 connector, but also the distribution of Internet2 traffic between WVNET and its customers. WVNET welcomes creative solutions that address how to aggregate Internet traffic, Internet2 traffic, and any incidental intranet traffic in order to achieve economies of scale in as many facilities as possible, while still maintaining a logical separation of the

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different streams. However, at a minimum, proposals for Internet2 access address the delivery of traffic to the WVNET aggregation points, with WVNET to determine how best to distribute the service to its customers. In this regard, as with Internet service, more comprehensive solutions are preferred. Although the pricing for a bidder’s provision of an Internet2 option will not be included in the evaluation of proposals, a proposal that provides a cost-effective option for Internet2 in conjunction with Internet access is likely to be evaluated more highly in the evaluation category of Quality of Proposal. The other anticipated benefits to a winning bidder for providing an option for Internet2 include the potential for a larger total contract value without a separate procurement cycle for Internet2 connectivity and transport. However, WVNET’s customers are independent entities, and WVNET cannot commit to any specific volume. D. Scope and Intent – Distribution Facilities Proposal of distribution facilities is not mandatory, but is strongly encouraged, as WVNET believes that there may be significant benefits to both the bidder and to WVNET. If a bidder includes distribution facilities as a part of its proposal, the cost of the proposed facilities or the current cost of distribution facilities will be used, whichever is less. If no distribution facilities are proposed, the then-current costs at the time of the evaluation will be used to determine the total cost of the proposal. Currently, WVNET has contracts for Internet access and some high-capacity in-state facilities. Virtually all of the other portions of the statewide intranet are obtained through contracts established by State Purchasing. Historically, these contracts have not been re-bid frequently, and the State sometimes has not benefited from falling prices in the industry. Additionally, State Purchasing must bid contracts that cover all portions of the state. In an effort to provide geographic equity, the contracts are typically structured to provide “postalized” rates, meaning that all facilities of the same type are priced at the same rate, regardless of the distance or provisioning requirements. High-capacity circuits (over 45 Mbps) are generally bid individually on an as-needed basis. WVNET believes that it is likelihood that a bidder for Internet service could also provide distribution facilities between WVNET’s aggregation points and WVNET’s higher-education customers more economically than the current contracts. First, a bidder doesn’t have to wonder about the number or location of the end-points. Second, the rates do not need to be postalized. Third, high-capacity facilities that are part of a larger system, covered under a single contract, should usually cost less than if they were bid on an individual, as-needed basis. Although all of the traffic from WVNET’s customers needs to be logically hub-and-spoke from WVNET’s aggregation points, the physical topology need not be point-to-point. All of the traffic needs to be on a functionally private network between WVNET and its customers, but it need not be a dedicated physical facility. Solutions that provide the best performance, especially in terms of latency and jitter, that offer the lowest protocol overhead, and that require the fewest “hops” between WVNET and its customers will be preferred in the evaluation. All proposed paths between WVNET and its customers must honor and support QoS from WVNET and its

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customers and must be capable of supporting IPv6 addressing and functions at such time WVNET may choose to migrate to that protocol. These requirements extend to all IP traffic that may be presented to the facilities, whether the traffic is bound for the Internet, the statewide intranet, or Internet2. The scope of the distribution facilities for this procurement is specifically between WVNET and the HEIs served by WVNET. The current HEIs served by WVNET are listed in Appendix A. The columns in Appendix A are:

• Site number: arbitrary number used solely to simplify references to site information in discussions of this document

• Name: the name of the school • Address: primary street address (might not be actual service address, but will be close

enough for pricing and design purposes) • NXX: the telephone exchange serving the school (NPA is always 304) • Total Mbps: the total of all WVNET connections to the institution, which will usually

carry both Internet and intranet traffic. Note that the actual capacity of the existing local loop may be higher than the total shown. For instance, an institution shown with 30 Mbps of total connectivity will probably be using a DS-3 local loop capable of 45 Mbps. The numbers in the table reflect bandwidth actually allocated.

• Allocated Mbps: the portion of the total capacity that is used for Internet access • North/South: whether the institution is currently homed through the northern or southern

aggregation points.

The sites in Appendix A that are shown with allocations or total bandwidth in parentheses do not currently use WVNET for Internet service, or for intranet service, or for either, but have indicated that if a sufficiently attractive price/performance is offered as a result of this procurement, they might use WVNET. The numbers in parentheses are estimates that should be used for pricing and design estimates, but at this time, these sites are not expected to be part of the initial contract. Most of WVNET’s non-higher-education customers have their own facilities to the existing aggregation points, and some have equipment collocated there. Few, if any, are expected to require any distribution facilities from this procurement. However, it is WVNET’s expectation and intent that if additional sites require service under the contract resulting from this RFP process, WVNET may add locations as needed. The same terms and conditions, including service-level guarantees, will apply to any sites added subsequently to the contract. For each site in Appendix A that is included in a proposal, bidders must propose associating each of the sites with its current aggregation point, north or south. However, if a bidder believes that another configuration would be preferable, such as the use of West Virginia State University as the southern aggregation point, the information should be included in the section of the response for “Other Material for Consideration” (see information about the organization of responses in item 9 on page 19). For efficiency, if there is any traffic between the specified HEIs and WVNET that may be routed

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to its ultimate destination more efficiently without passing over the Internet, that traffic may also use the proposed distribution facilities. Examples of such traffic might be a financial transaction from one of the HEIs to the State Auditor or a student at one HEI taking a distance-learning course at another HEI. This is why the total bandwidth of all connections for a site is shown in Appendix A, as well as the Internet allocation. Bidders should size the proposed access facilities appropriately. Bidders who choose to include distribution facilities in their proposals are not required to propose facilities to all of the sites listed in Appendix A, although as in other aspects of this RFP, the more comprehensive solutions will fare better in the assessment of the Quality of Proposal criterion in the evaluation of responses. E. Proposal Format 1. The electronically readable version should be an industry-standard medium (diskette, CD-

ROM, DVD, or USB flash drive) and must contain all documents that comprise the bidder’s proposal in either Adobe PDF or Microsoft Word format. Submissions in Adobe PDF should be searchable text, rather than scanned images of documents. Images of signatures do not need to be included in the electronically readable version. Because of purchasing requirements for the simultaneous public opening of “sealed” bids, the electronic version must be on a physical medium within the proposal package, and cannot be transmitted electronically to HEPC. A signed original of the printed proposal is still required.

2. The electronically readable version must be a complete, full, true, and exact version of the

printed original proposal. If there is any variance between the electronically readable version and the printed original, except for the absence of signatures, the Evaluation Committee may reject the proposal in whole or in part.

3. Proposals should be prepared simply and economically, providing a straightforward, concise description of the bidder’s abilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

4. The bid must substantially follow the format of this RFP in responding to the requirements of the bid. This is necessary for efficiency of the evaluation process.

5. Proposed solutions must only include equipment, services, or technologies that are available for sale at the time of bid opening.

6. Any information considered proprietary or confidential must be so marked on each page. Confidential documents that become part of an awarded contract are subject to the Freedom of Information Act and become public information. (See the item, “Trade Secrets, Confidential or Proprietary Data” in Section VI, below.)

7. Any terms and conditions proposed by the vendor must be included with the bid proposal. 8. Bidders must understand and agree that all work to be performed under the contract shall be

complete by a date to be agreed upon by both parties unless the HEPC Chief Procurement

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Officer grants an extension of time in writing. Upon failure to complete all work within the agreed-upon period of time, the HEPC Chief Procurement Officer shall be entitled to retain or recover from the bidder, as liquidated damages, and not as a penalty, an amount equal to the difference between WVNET’s current daily cost of Internet services and the daily cost for the solution proposed by the winning bidder for each calendar day from the scheduled completion until the actual completion of the work and its acceptance by WVNET. The right to recover liquidated damages shall not substitute for any right of recovery for additional costs incurred should the bidder fail to complete the agreed-upon work according to the contract issued in response to the proposal.

9. It is desirable for the vendor to use 3-ring binders and tab sections to correspond to the major

sections of the RFP, for ease in comparison. No response is required for the Introduction or for Sections I, II, III, IV A-D, and V, except an acknowledgement that the vendor has read and understood each section or subsection.

Bidders must respond explicitly to each item in Subsection IV-D. Subsections IV F-H are not mandatory. Bidders may include other material for evaluation, including alternative proposals, in a final section of their responses, clearly labeled as “Other Material for Consideration.” If alternative proposals are included in this section, they should include the same functional, operational, and financial detail as the primary proposal. If some aspects of the alternative proposals are the same as already documented in the primary proposal, these can simply be noted as being the same, without providing all of the details for each alternative. Bidders must address the following lettered items as their response to Subsection IV-E.

a. Bidders must provide a description of their local operations, local facilities, and local

management. The vendor must also include contacts for orders, maintenance, and billing. All sub-contractors must be listed and the same information provided.

b. Bidders must describe their experience in providing Internet access. This discussion

should concentrate on their ability to provide high-capacity dedicated facilities to the Internet, their ability to connect to multiple global providers, their ability to provide and manage diverse-path configurations, and the end-to-end reliability of their service. Any successful vendor must have at least three years of experience in providing, installing, integrating, and maintaining high-volume Internet services. Proposals must include proof of such experience.

c. Each bidder must identify all subcontractors that will be use for its solution, the role of

each subcontractor, each subcontractor’s experience in that role, and the bidder’s relationship with each subcontractor. All subcontractors must have at least one year of experience in the services they will be providing.

d. Each bidder must provide a minimum of two written references or customer letters for

this project. References should reflect on the bidder’s experience in delivering similar services. In addition, because a company’s commitment to service is often best revealed

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in times of adversity, each bidder must also provide the name, mailing address, and telephone number of at least one additional reference who can address the bidder’s ability to respond to problems after they have occurred. The bidder should also provide its own brief explanation of the problems that occurred and the resolution.

e. If it is the intent of the apparent successful bidder to require HEPC to execute the

vendor’s contract, such contract must be attached for consideration with the proposal. It will also be a requirement of the successful bidder to sign the “Agreement Addendum” form WV-96, which is attached for your reference. If a bidder expects to use a version of the WV-96 addendum that has already been negotiated with the State and approved by the Attorney General, the bidder must include an explanation of the differences between the existing version and the standard WV-96. The bidder must also include documentation of the Attorney General’s approval of any variance in the provisions.

f. Each bidder may submit a litigation bond in the amount of $500,000, made payable to

West Virginia Network for Educational Telecomputing. This bond should be issued by a surety company licensed to do business in the State of West Virginia with the West Virginia Insurance Commission, on a form acceptable to the State. The only acceptable alternative forms of the bond are (1) a company certified check (not an individual) and (2) a cashier’s check.

The purpose of the litigation bond is to discourage unwarranted or frivolous lawsuits pertaining to the award of a contract from this RFP. Secondly, the bond provides a mechanism for the HEPC, WVNET, WVNET’s employees, WVNET’s customers, or agents of any of these entities to recover damages, including (but not limited to) attorney fees, loss of revenue, loss of grants or portions thereof, penalties imposed by the federal government and travel expenses which may result from any such litigation. A claim against the bond will be made if the bidder contests the award resulting from this RFP in a court of competent jurisdiction and if the grounds are found to be unwarranted or frivolous based on the facts of the award or applicable law as determined by the court. Failure to submit an appropriate bond or alternate bond with the proposal at the time of bid opening constitutes a binding agreement between the bidder and WVNET, indicating that the bidder waives all rights of protest, including, but not limited to: competitor's bids, the evaluation of the bid responses, and the contract award to the apparent successful bidder. The bond or alternate form should remain in effect for two years from the proposal submission date. After six months, the bidder may request, and WVNET anticipates granting, a release of the litigation bond. However, prior to release of the bond, the bidder will be required to provide a release (signed and notarized in a form that is acceptable to WVNET) which states that the vendor will not sue in the future. Bidders must indicate in their responses to this item whether they are submitting litigation bonds with their proposals.

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E. Mandatory Elements of Proposals for Internet Access 1. Proposals must clearly identify the entire cost for the products and services proposed. Bids

must include the cost for any “last mile” connections, fees, and interconnections. After selection of a bidder as the apparent winner, no price increases or upward corrections will be allowed.

2. Proposals must provide equivalent total Internet access capacity and substantially equivalent or better reliability and path diversity, relative to the current service. The solution must extend from WVNET’s aggregation points to one or more Tier 1 Global Service Providers. Proposals must describe proposed configuration in detail, using any charts, lists, or diagrams necessary for clarity to allow the evaluation team to understand the technical, physical, logical, and functional components of the proposal. All relevant details must be included, such as data rates, physical media, physical interfaces, and protocols. Proposals must include a map or diagram which clearly shows at what point WVNET's traffic is aggregated with other users. The maps and/or diagrams must include a clear understanding of the role of any subcontractors.

3. Proposals must concisely describe the merits of the proposed solution. This is the bidder’s opportunity to ensure that the evaluation team fully appreciates the elegance of the proposed solution, and the benefits it offers WVNET. If a configuration that is different from the current configuration is being proposed, this item is an opportunity for a bidder to explain why it is as reliable as the existing configuration, and to point out any additional benefits it affords. This is also an appropriate item for emphasizing the key factors that the bidder feels may differentiates its services from others in the industry.

This item will help the bidder demonstrate an understanding of, and responsiveness to, WVNET’s needs. Note that a comprehension of the requirements is one element that will be evaluated in the scoring criterion "quality of proposal." Note also that this item should address the specific benefits to WVNET for the specific solution proposed, given the bidder's understanding of WVNET’s particular situation.

Gratuitous pages of text describing the general merits of a particular technology or "boilerplate" documents extolling the bidder's overall virtues are neither necessary nor responsive, unless the bidder demonstrates how this material serves to demonstrate the benefits to WVNET and its customers for the specific solution being proposed.

4. Proposals must include prices based on a three-year contract with a one-year initial term, with a provision for two subsequent annual renewals, upon mutual agreement and contingent upon fiscal funding, followed by the option for as many as two one-year extension at WVNET’s discretion. Itemize each service component cost where possible. For instance, port charges must be itemized separately from line charges. It is essential that costs be the full and complete one-time and recurring costs for all services proposed, terminated at customer premises. Any equipment, facilities, services, or resources that must be provided by WVNET must be clearly identified. Any actions or costs not clearly identified as being borne by WVNET will be understood to be the bidder's responsibility and cost.

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If “burstable” service and pricing is proposed, it would be highly desirable to provide some way for WVNET to manage its maximum monthly cost, to ensure budgetary control. Also, if “burstable” service is proposed, detail the method of calculating usage, and any implications that the calculated usage may have on minimum commitments.

5. Bidders must specify when billing will begin. Note that WVNET’s distinct preference is not to pay for duplicate services. Therefore, solutions that do not require WVNET to begin paying for service until the existing traffic is actually migrated onto the new facilities are highly desirable.

6. WVNET wishes to ensure that any contract based upon this RFP results in the best possible value for WVNET over the entire term of the contract, without the need for repeated RFPs. Therefore, each proposal must:

a. Explain how the proposed solution guarantees that WVNET is assured optimum value for the life of the contract plus any renewals or extensions.

b. State whether the proposal provides WVNET with a guarantee that the pricing under any contract arising from the bidder’s proposal will remain the best price offered to similar customers with similar terms and conditions.

7. Proposals must specify costs and lead times for changes in capacity, both increases and decreases. All costs, whether one-time or recurring, must be included. Any minimum capacity commitment that the bidder requires must be explicitly stated. Bidders must specify the minimum increment that will be supported for changes in capacity, whether increases or decreases. Likewise, any minimum time between changes in capacity, if any, must be identified.

8. Bidders must explain the process that will be required for WVNET to order increases or decreases in capacity and must provide copies of any forms that are required for the process.

9. Prices must be valid for the term of the contract, including any renewals or extensions. (Note that the flexibility for WVNET to respond promptly to changes in its clients' capacity requirements is of significant value, and will be a factor in evaluating the overall value of the proposal.)

10. To the extent possible, pricing should be summarized in the pricing sheet provided in Appendix B for sites A and B (the aggregation points). If a different southern aggregation point is proposed, this site should be used instead of site B. This pricing summary sheet will assist the evaluation committee in gaining a comparative overview of each proposal, but will not be the basis for cost evaluation for Internet services. Bidders should use whatever format best explains their pricing components as required in item Error! Reference source not found.. Bidders need only acknowledge this item. An explanation of some of the abbreviations used in Appendix B follows:

a. N/S: indicates whether the sites are currently homed to the northern or the southern aggregation point. This is not applicable for pricing Internet service to the aggregation points, but is intended for guidance in pricing optional distribution services.

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b. CKT: the capacity of the proposed circuit(s).

c. TOT: the total useable capacity of the circuit(s) (for fractional or rate-capped facilities, this may be less than the capacity of the circuit[s]).

d. I’NET: the total Internet capacity of the proposed circuit(s).

e. OTC: One-time charges.

f. MRC: Monthly recurring charges.

g. +25%: Price if current Internet capacity is increased 25%.

h. -25%: Price if current Internet capacity is decreased 25%

11. Proposals must detail the service-level guarantees that are being offered for the proposed service. For each of the sub-elements of this item, specify: a. Availability

(1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using

what size packets, using customer data or test data, using what protocols, or whatever methodology is appropriate to the service level being offered)

(3) Period of the measurement (packets lost per day, availability percentage per quarter, annual mean time between failure, or whatever period is appropriate for the measurement that is being proposed.)

(4) Penalties/credits provided for failure to meet specified service levels (Note that service-level specifications without non-performance penalties are service goals, not guaranteed service levels, and should be included in the item for service goals. Also, the magnitude of any penalty will be inferred as demonstrating the bidder’s confidence in the proposed service levels, and will be reflected in the evaluation of the proposal.)

(5) How actual performance will be reported against the proposed service levels (6) How WVNET, as a customer, can independently verify performance against proposed

service levels (other than reliance upon carrier-supplied reporting) (7) How penalties are triggered: are they automatic if service levels are not met, or must

the customer measure the service levels and claim any credits or penalties due? (8) System-wide averages for this service level for the last 3 relevant periods (if

measured monthly, then the last 3 months, if measured annually, the last 3 years for which data is available)

b. Mean Time Between Failure (MTBF) (1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using


(3) Period of the measurement (packets lost per day, availability percentage per quarter, annual MTBF, or whatever period is appropriate for the measurement that is being proposed.)

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c. Mean Time to Repair (MTTR) (1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using








d. Packet Loss (1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using



(4) Penalties/credits provided for failure to meet specified service levels (Note that service-level specifications without non-performance penalties are service goals, not

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guaranteed service levels, and should be included in the item for service goals. Also, the magnitude of any penalty will be inferred as demonstrating the bidder’s confidence in the proposed service levels, and will be reflected in the evaluation of the proposal.)





e. Jitter (1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using








f. Any other service-level guarantees you are offering. For each, specify (1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using



(4) Penalties/credits provided for failure to meet specified service levels (Note that service-level specifications without non-performance penalties are service goals, not guaranteed service levels, and should be included in the item for service goals. Also, the magnitude of any penalty will be inferred as demonstrating the bidder’s

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confidence in the proposed service levels, and will be reflected in the evaluation of the proposal.)





12. Bidders must detail any non-guaranteed service-level goals that are being offering as part of the proposed service.

13. Bidders must explain their quality-of-service strategy, and how it enhances their ability to prevent delays in real-time streams over the Internet, such as IP-based voice and video.

14. The number of independent providers in the path between the customer location and the Tier 1 Global Service Provider is usually correlated with provisioning time and inefficiency in fault isolation. Proposals must therefore include a description of the path between the customer premises at WVNET’s aggregation points and the Tier 1 Global Service Provider(s). Unless a clear value is established for an alternative configuration, preference will be given to configurations with the lowest number of independent transport providers between the customer premises and the Tier 1 Global Service Provider.

15. Proposals must describe the interconnections between the proposed Tier 1 Global Service Provider and other Tier 1 providers. For each Tier 1 provider included in the proposal, the bidder must include: (1) the percentage of traffic exchanged with other Tier 1 providers through private peering points, (2) the percentage of traffic exchanged with other Tier 1 providers through public peering points, (3) the number of private peering points to other Tier 1 providers, and (4) whether the proposed Tier 1 provider uses any default routes within its network.

Note that for the purposes of this procurement, a Tier 1 provider is identified by being at the top of the Internet routing hierarchy. One aspect of being at the top tier (Tier 1) of the Internet is that there is no superior carrier to provide resolution for any routes not defined in the proposed provider’s network. While subordinate carriers and customers can define some subset of the Internet to their routers and simply use a “default” route to pass traffic for any undefined destinations to the next higher carrier for path resolution, a Tier-1 provider cannot rely on default routes, as there is no higher carrier to resolve unknown routes. Therefore, a response to sub-item 4 in this item that indicates any default routes for the proposed Tier 1 carrier must include an explanation.

16. Bidders must provide a proposed schedule, showing when the installation can begin and when it can be completed, relative to the date of the award. Include significant milestones or deliverables, especially any that WVNET is responsible for performing or providing.

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17. Proposals must include a discussion of a bidder’s capability for providing WVNET with a full Internet Usenet News feed and ensure that any additional cost for that feed is included in the pricing in item 4, above. While we require the capability to receive any and all Usenet groups as our customers’ needs may dictate, we currently receive the following hierarchies:

• alt, except alt.bestjobsusa, alt.flame, alt.jobs, alt.sex, alt.test, and alt.binaries • bionet • biz, except biz.jobs • comp, except comp.jobs • general • gnu • gov • humanities • ieee • inet • k12 • list • Microsoft • misc, except misc.jobs • news, except news.lists.filters • rec • sci • soc • talk • vmsnet • wv

18. Each bidder must support working with other agencies and companies to move the three Class “B” IP address ranges and many Class “C” IP address ranges supported by WVNET within a specified period. Specify the time required. Detail the process, including any milestones and interim deliverables. Any actions that will be required of WVNET must be specified.

19. Each bidder must briefly describe its capabilities and plans to support IPv6, should WVNET have a need to migrate to this protocol in the future.

20. The bidder must have a Network Operations Center (NOC) with 24x7x365 availability and with on-duty network engineers. The bidder must provide the ability for WVNET to use both e-mail and a toll-free phone number to submit trouble reports to the NOC via a single e-mail address and a single phone number. Each bidder must describe trouble-reporting and problem-tracking procedures, including the specific elements required in this item.

21. Bidders must agree that any failure between the WVNET aggregation points and the Tier 1 Global Service Provider must be detected by the bidder’s NOC within 5 minutes of occurrence and WVNET must be informed within 15 minutes after detection of occurrence.

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22. WVNET must receive regular reporting, preferably on at least a monthly basis, documenting performance against service levels. Explain how and when this reporting will be provided, and include a sample of the report.

23. WVNET must receive regular reporting, preferably on at least a monthly basis, and no less frequently than quarterly, documenting that the contracted capacity is being provided. Explain how and when this reporting will be provided, and include a sample of the report.

24. Bidders must discuss the information and support that will be required from WVNET during the continuing operation. Note that any information, actions, or support that WVNET must provide or perform for installation must also be specified in the installation schedule provided in response to item 16 in this section.

25. The current WVNET configuration uses Cisco routers located in its aggregation points in Morgantown and Charleston. These WVNET routers use Packet Over SONET (“POS”) OC-3s for connectivity to its current ISP. WVNET will entertain connectivity under the new contract for various interfaces, but distinctly prefers POS OC-x (OC-3, OC-12, or OC-48) or Gigabit Ethernet. WVNET would prefer that bidders assume that WVNET will use the existing customer-provided equipment. WVNET will include in its cost evaluation any necessary upgrades to its routers. A bidder may, if it wishes, supply its own router as an access point to the Internet. If the bidder supplies its own routers, it must announce the full BGP tables to the WVNET routers, as some of our customers want the full BGP announcements. If the bidder supplies its own routers, the cost of those routers must be included in the bid and how that new equipment will interface to existing equipment must be specified. In any case, in response to this item, the bidder must specify all network hardware/software to be provided by the bidder at the customer's premises and all network hardware/software that is to be provided by WVNET.

26. The bidder must specify any routing protocols required to be used by WVNET.

27. Each bidder must indemnify and hold harmless WVNET, the State of West Virginia, its employees, and its agents from and against any and all claims, demands, causes of action, orders, decrees, or judgments for injury, death, damage to person or property, loss damage, and liability (including all costs and reasonable attorney's fees incurred in defending any claim, demand, or cause of action) occasioned by, growing out of, or arising from (a) the performance of any product or service to be supplied by the vendor, or (b) by any act, error or omission on the part of the vendor; or its agents, employees, or subcontractors.

28. Proposals must include any Acceptable Use Policies (“AUPs”) in force by the bidder and by any subcontractors. Indicate if there are no such policies in effect.

29. Each bidder must provide a description of any charges to route additional class C addresses obtained by WVNET or its customers. The bidder must also describe whether the bidder will make additional class-C address space available to WVNET if requested to do so, and if so, what charges there would be, if any, for the address space.

30. For startup of the new service, the successful bidder must supply WVNET with an engineer to act as a single point of contact. Any cost for this staffing must be included in the costs

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provided in item 4. A response is required to this item, stating the bidder’s understanding of this requirement.

31. If the proposed configuration permits automatic failover between the northern and southern aggregation points, eliminating the need for WVNET to provide failover capacity in the existing intranet between the two aggregation points, the bidder must explain how the failover is triggered, how it is effected, what impact will be perceived by end users, and what considerations the failover event will have for WVNET’s planning or engineering. Note that solutions which eliminate the need for WVNET to maintain “spare” capacity in the intranet will receive a higher score for “quality of proposal,” and may also be assigned some points on “cost” for the projected savings.

32. If a bidder is not proposing an aggregation point at WV State as an alternative configuration, it should respond to this item with an acknowledgement of the option.

F. Elements of Proposals for Tiered Internet-Access

1. Proposal of a solution for tiered access options for WVNET’s customers is welcomed and encouraged, but is not mandatory. If a bidder is proposing a tiered access option, the reponse to this item should be a full description of the tier structure, the technical considerations and requirements, and the functional design and operation. In order to leave bidders wide discretion on how the goals of tiered service are achieved, the structure and content of the response to this item is left to the bidders. It is important that the service description in this response be sufficient that WVNET can understand and assess the technical requirements and feasibility. Although the pricing for a tiered solution will not be used in the evaluation of proposals, an effective solution for tiered services will be considered favorably in the scoring of proposals for “overall quality of proposal.”

2. Pricing for a tiered solution, if offered, must be included in the bid section for “Other Material for Consideration.” Bidders should use an additional copy of the summary worksheet in Appendix B to provide pricing for the lower-tier solution. If WVNET’s acceptance of a tiered solution would affect the pricing provided in section IV-E, the changed pricing must also be detailed in a separate copy of the worksheet in Appendix B.

G. Elements of Proposals for Internet2 Access

1. Proposals for Internet2 access must describe how Internet2 would be provided and all pricing elements for transport and termination between WVNET and an Internet2 connector. Of particular interest is the assignment of address space and what options WVNET has for using IPv4 initially.

It is WVNET’s intent to afford bidders as much latitude as possible to devise responsive and effective solutions; therefore, it is not possible to anticipate all possible configurations and to specify the elements that would be most useful for evaluating each proposal. Bidders should use this opportunity to explain the requirements, features, and benefits of their proposed

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solution in as much detail as is appropriate to permit a full and fair evaluation. Nevertheless, the discussion should remain specific to the proposed configuration, without generic marketing materials or “boilerplate.” Bidders may assume that the evaluators will be technically competent to understand standard industry and engineering terms and concepts.

2. Bidders are encouraged to provide a comprehensive solution that includes not only the Internet2 access from WVNET to an Internet2 connector, but also the distribution of Internet2 traffic to the HEIs listed in Appendix A. For the distribution to the HEIs, if the pricing structure can be provided by using the summary worksheet in Appendix B, the worksheet should be used. If the pricing can be explained more clearly through other means, the worksheet need not be used. If a bidder is proposing distribution facilities as part of its Internet access proposal, and is also proposing Internet2 service, the bidder must respond to this item to indicate if the same distribution facilities already proposed would be shared for providing Internet2 access.

3. An acceptable alternative configuration is to deliver Internet2 service from an Internet2 connector to one of the HEIs listed in Appendix A. If a bidder chooses this option, the cost for facilities between the selected HEI site and its related WVNET aggregation point, as shown in Appendix A, must be provided in a response to subsection H, below. In other words, even if no other distribution facilities are proposed, the path between the Internet2-connected HEI site and its aggregation point must be provided under subsection IV-H. Bidders must respond to this item stating whether they are proposing an alternative configuration.

H. Elements of Proposals for Distribution Facilities

1. Proposal of a solution for distribution of Internet access to WVNET’s customers from WVNET’s aggregation points is strongly encouraged, but is not mandatory. Comprehensive solutions will be given preference in the evaluation of proposals. Bidders need only acknowledge this item.

2. Although all sites listed in Appendix A should be designed and priced, the sites with Internet capacity shown in parentheses will not be included in the price evaluation. Bidders need only acknowledge this item.

3. If a bidder proposes distribution facilities, the pricing in the bidder’s proposal will be used to calculate total cost during the evaluation of proposals. If a bidder does not propose distribution facilities to one or more HEI sites listed in Appendix A, the cost of providing distribution to any un-priced site or sites will be calculated using the then-current cost of the distribution facilities at the time the evaluation is conducted. Additionally, some subjective cost surcharge may be imputed by the Evaluation Committee to reflect the additional administrative and operational costs arising from the need to administer multiple contracts with multiple providers to manage the end-to-end services. Bidders need only acknowledge this item.

4. All sites listed in Appendix A should be designed and priced. However, WVNET or its

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customers may elect, at their sole discretion, to decline proposed distribution facilities to any or all sites. All sites proposed must be bid with symmetric bandwidth. Bidders need only acknowledge this item.

5. In response to this item, bidders must indicate whether they are proposing distribution facilities and if so, whether they are proposing facilities to each of the sites in Appendix A. Bidders must then include this pricing in the pricing worksheet in Appendix B.

6. Proposals that extend service to the HEIs must explain the technical configuration to be used to provide the all proposed services, including Internet, Internet2, and tiered Internet, as well as any intranet traffic to each site. Note that all traffic from the HEIs must flow through WVNET’s aggregation points through a logically private network for final filtering, shaping, and routing before being presented to the Internet or Internet2.

7. Explain the type(s) of QoS that is (or are) supported and any limitations on QoS in the proposed facilities.

8. Proposals must detail the service-level guarantees that are being offered for the proposed distribution facilities. For each of the sub-elements of this item, specify a. Availability



(3) Period of the measurement (packets lost per day, availability percentage per quarter, annual mean time between failure, or whatever period is appropriate for the measurement that is being proposed.)




the customer measure the service levels and claim any credits or penalties due? b. Mean Time Between Failure (MTBF)




(4) Penalties/credits provided for failure to meet specified service levels (Note that

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service-level specifications without non-performance penalties are service goals, not guaranteed service levels, and should be included in the item for service goals. Also, the magnitude of any penalty will be inferred as demonstrating the bidder’s confidence in the proposed service levels, and will be reflected in the evaluation of the proposal.)



the customer measure the service levels and claim any credits or penalties due? c. Mean Time to Repair (MTTR)







the customer measure the service levels and claim any credits or penalties due? d. Packet Loss






service levels (other than reliance upon carrier-supplied reporting)

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(7) How penalties are triggered: are they automatic if service levels are not met, or must the customer measure the service levels and claim any credits or penalties due?

e. Jitter (1) Service level offered (2) Measurement technique (for instance, measuring from what point to what point, using






the customer measure the service levels and claim any credits or penalties due? f. Any other service-level guarantees you are offering. For each, specify







the customer measure the service levels and claim any credits or penalties due? I. Legal and Procedural Requirements

1. Non-Funding: All services performed or goods delivered under State purchase orders/contracts are to be continued for the term of the purchase order/contract, contingent

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upon funds being appropriated by the West Virginia Legislature or otherwise being made available. In the event funds are not appropriated or otherwise available for these services or goods, this purchase order/contract becomes void and of no effect after June 30th of the last fiscal year for which there was funding.

2. Incurring costs of Bid or Proposal: HEPC, WVNET, the governing Boards, and the State of West Virginia shall not be liable for any expense incurred by a vendor in preparation and/or presentation of a bid, proposal, or quotation.

3. Tax Exemption: The HEPC and its institutions, including WVNET, are exempt from federal and state taxes and will not pay or reimburse such taxes.

4. Payment and Interest on Late Payments: Payment may only be made after the delivery and acceptance of goods or services. Interest may be paid for late payment in accordance with the West Virginia Code and the Prompt Payment Act of 1990 (WV Code 5A-3-54).

5. Cancellation: The buyer may cancel any purchase order/contract upon 30 days written notice to the Seller.

6. Compliance: Seller shall comply with all federal, state, and local laws, regulations, and ordinances including, but not limited to, the prevailing wage rates of the WV Division of Labor, if applicable.

7. Order Numbers: Contract order numbers or purchase order numbers shall be clearly shown on all correspondence, shipping labels, packing slips, invoices, and acknowledgments.

8. Renewal: The contract may be renewed in accordance with the bid only upon mutual written agreement of the parties.

9. Shipping, billing, and pricing: Unless otherwise stated, all goods are to be shipped prepaid, FOB Destination and allowed. No charges to WVNET will be allowed for special handling, packing, wrapping, bags, containers, or similar ancillary costs, unless otherwise approved. No price increase will be accepted without written authority from the Technology Procurement Officer or the HEPC Chief Procurement Officer.

10. Termination: In the event of a breach by the Seller of any of the provisions of this contract, the HEPC Chief Procurement Officer reserves the right to cancel and terminate this contract forthwith upon giving written notice to the Seller. The Seller shall be liable for damages suffered by the Buyer resulting from the Seller’s breach of contract.

11. Vendor Accuracy: Vendors are responsible for the accuracy of the information on their bid or proposal and on the bid or proposal being delivered in a sealed envelope or container. The outside of the envelope or container should be clearly marked with the RFP number and the bid opening date and time.

12. Vendor Registration - West Virginia State Code 5A-3-12 requires that vendors must be registered prior to receiving a contract/purchase order. For the apparent successful bidder, it is a simple process, which requires the vendor to complete a form and return it to the West

RFP WVNET 07005 – June 26, 2007

Page 35

Virginia Purchasing Division with a $125.00 registration fee.

13. Trade Secrets, Confidential, or Proprietary Data: A bidder, by designating certain information or data submitted with a bid as confidential, proprietary, or a trade secret may, as a result, establish an exception to the public inspection policy for the information or data so designated. Such designation shall be in accordance with §29B-1-4 of the West Virginia Code and shall be made in writing by the bidder at the time the bid is submitted. This designation may not be claimed by a bidder after bids have been opened. Information or data so designated shall be readily separable from the bid in order to facilitate public inspection of the non-confidential portion of the bid.

Note that routine labeling of all proposal materials as confidential or proprietary will not be recognized as sufficient designation to exempt information from Freedom of Information disclosure. Prices, brands, model or catalog numbers of the items offered, deliveries, and terms of payment shall be available for public inspection following the bid opening regardless of any designation to the contrary.

The submission of any information to WVNET by a vendor puts the risk of disclosure on the vendor. WVNET will make a reasonable effort not to disclose information that is within the guidelines of §29B-1-4 and is properly labeled "proprietary information not for public disclosure". WVNET does not guarantee non-disclosure of any information to the public.

If an interested party wishes to inspect information or data designated by a bidder as confidential, proprietary, or a trade secret, such request shall be made in writing. The Technology Procurement Officer or the HEPC Chief Procurement Officer shall examine the information or data to determine the validity of any request for nondisclosure. The Technology Procurement Officer or the HEPC Chief Procurement Officer shall inform the parties involved of his or her decision about disclosure in writing. If any of the parties objects to that decision, a protest must be filed in writing within five business days after receiving the decision; otherwise, the decision shall be final. Following award of the contract or purchase order, the bids shall be open to public inspection, subject to any continuing prohibition on the disclosure of confidential, proprietary, or trade secret information or data.

14. The HEPC, WVNET, nor any institution or agency of the State of West Virginia will not assume any expense incurred by a bidder for, or related to, the preparation, delivery, or travel for any oral presentation or the pre-bid conference as a part of the proposal process.

15. Higher Education Purchasing Procedures Manual: Vendors, individuals, or other interested parties may view the Purchasing Procedures Manual at the HEPC Web site: (http://www.hepc.wvnet.edu/resources/pmanualforms/PMANUAL-JULY2004.pdf). These are the regulations and procedures that rule this contract/purchase order.

16. The following documents are a binding part of this RFP:

a. Exhibit A, Instructions to Bidders b. Exhibit B, Purchase Order Terms and Conditions c. Exhibit C, Agreement Addendum (Form WV-96) d. Exhibit D, Prompt Pay Act of 1990 (WV Code Section 5A-3-54)

RFP WVNET 07005 – June 26, 2007

Page 36

e. Exhibit E, No-Debt Affidavit f. Exhibit F, Vendor Registration and Disclosure Statement

RFP WVNET 07005 – June 26, 2007

Page 37

SECTION V. EVALUATION OF RESPONSES A. Evaluation Criteria 1. Bids must clearly differentiate between one-time costs and recurring costs.

2. Evaluation will not be based solely on price. It is the intention to award this contract to the vendor that provides the best solution. When price is evaluated, it will be computed over three years. The contract will be for a one-year initial term, with a provision for two subsequent annual renewals, upon mutual agreement and contingent upon fiscal funding, followed by the option for as many as two one-year extensions at the HEPC’s and WVNET’s discretion.

3. HEPC expects to award a contract based upon the responses to this Request for Proposal. However, HEPC may decide not to award any contract, or it may award to multiple bidders, if it believes that either action will be in the best interest of the State. Likewise, HEPC may waive minor or immaterial irregularities in any proposals, if it believes such action is in the best interest of the State. HEPC reserves the right to withdraw this RFP at any time and for any reason. Submission of, or receipt by HEPC of proposals confers no rights upon the bidder nor obligates HEPC and WVNET in any manner.

4. Evaluation criteria

EVALUATION CRITERIA POINTS Cost 35 Overall quality of proposal 25 Expected Reliability and Service Level Guarantees

20

Bidder Qualifications and References

20

Total points 100

For the purposes of evaluating the overall cost to higher education, if proposals do not include distribution to all of the HEIs listed in Appendix A, the current cost of providing distribution to any omitted site or sites will be calculated using the current cost of the distribution facilities at the time the evaluation is conducted. In this case, some subjective cost surcharge may be imputed by the Evaluation Committee to reflect the additional administrative and operational costs arising from the need to administer multiple contracts with multiple providers to manage the end-to-end services. Likewise, some subjective credit, such as the implied cost savings arising from the operational efficiency of a proposal, may be awarded here for a particularly elegant solution, in addition to the points this may have been awarded for the quality of the proposal. Assuming that the winning proposal has a lower cost than our current service, the speed with which the implementation is scheduled will also have an effect on the evaluation of this criterion.

RFP WVNET 07005 – June 26, 2007

Page 38

Quality of proposal includes the bidder’s demonstration of their comprehension of the requirements, the comprehensiveness of the proposed solution, the feasibility of proposed solutions, the technical merit of solutions, the effectiveness and flexibility of the proposed solutions, an estimation of the performance of the proposed solutions, and the bidder’s provision of a clear, achievable, and rigorous project plan for implementation, with appropriate milestones. The gratuitous inclusion of generic marketing materials in a bidder’s response will be a decidedly negative factor. All proposal materials should be directly relevant to the subject of the RFP. Scoring for bidder qualifications and references is an evaluation of the bidder’s successful demonstration of its ability to provide the requested services in a professional, customer-focused manner, as evidenced by its proposal content and the quality of the references provided.

B. Evaluation Committee A Proposal Review Committee will review all proposals. Following an initial review, proposals will be categorized as 1) rejected-unqualified, 2) accepted conditionally, or 3) accepted. Bidders that are accepted conditionally will be required to provide additional information about their bids to determine if they should be moved to the accepted category. HEPC may, at its sole discretion, invite bidders whose proposals are either accepted or accepted conditionally to provide further clarifications or amplifications, either through correspondence or through meetings. If costs exceed budget, HEPC reserves the right to ask the responsive bidders for a “best and final.” The apparent successful bidder will be selected from the final list of acceptable bidders following any discussions, clarifications, or presentations and after the overall proposals are evaluated, and the references verified. If a mutually agreeable contract cannot be reached within five (5) working days from when HEPC or WVNET contacts the vendor to undertake negotiations, HEPC reserves the right to undertake negotiations with the next most advantageous vendor without undertaking a new procurement process.

RFP WVNET 07005 – June 26, 2007

Page 39

APPENDIX A: HIGHER EDUCATION INSTITUTIONS SITE NO.

NAME ADDRESS NXX TOTAL Mbps

ALLOCATED Mbps

NORTH/ SOUTH

1 Bluefield State College Dickason Hall, Room 30 219 Rock Street Bluefield, WV 24701

327 15 8 SOUTH

2 Blue Ridge Community and Technical College

400 West Stephen Street Martinsburg, WV 25401

260 3 3 NORTH

3 Concord University Library, Room B28A 1000 Vermillion Street Athens, WV 24712-1000

384 (20) (15) SOUTH

4 Eastern West Virginia Community & Technical College

HARCO Complex, Room 130 1929 State Road 55 Moorefield, WV 26836

434 4.6 4.6 NORTH

5 Fairmont State University Colbank Hall, Room 116 1201 Locust Avenue Fairmont, WV 26554

366 24 16 NORTH

6 Glenville State College Administration Building Room 105 or basement 200 High Street Glenville, WV 26351

462 25 10 NORTH

7 West Virginia Higher Education Policy Commission

Suite 700 1018 Kanawha Blvd East Charleston, WV 25301

558 10 1 SOUTH

8 Marshall University Drinko Library, Room 120 One John Marshall Drive Huntington, WV 25755

696 (100) (50) SOUTH

9 Shepherd University Ikenberry Hall, Room: IT Services 301 North King Street Shepherdstown, WV 25443

876 (20) (14) NORTH

RFP WVNET 07005 – June 26, 2007

Page 40

SITE NO.

NAME ADDRESS NXX TOTAL Mbps

ALLOCATED Mbps

NORTH/ SOUTH

10 Southern West Virginia Community & Technical College

2900 Dempsey Branch Road Mount Gay, WV 25637

792 9.5 4 SOUTH

11 West Liberty State College Main Hall, Room: Computer Room Route 88 West Liberty, WV 26074

336 20 17 NORTH

12 West Liberty State College 1610 Warwood Ave. Wheeling, WV 26003

277 1.5 .2 NORTH

13 West Virginia Northern Community College

1704 Market Street Wheeling, WV 26003

233 5 2.5 NORTH

14 West Virginia School of Osteopathic Medicine

The Quad, Room A437 400 N. Lee Street Lewisburg, WV 24901

647 3 3 SOUTH

15 West Virginia State University Cole Hall, Room 239 Barron Drive Institute, WV 25112

766 15 10 SOUTH

RFP WVNET 07005 – June 26, 2007

Page 41

APPENDIX B. PRICING SUMMARY SHEET SITE SITE CURRENT PROPOSED PORT COST USAGE COST TAX & FEES +25% -25%

NO. NAME N/S TOT I’NET CKT TOT I’NET OTC MRC OTC MRC OTC MRC OTC MRC OTC MRC

A WVNET N 620 602

B Bldg 6 S 620 417 1 Bluefield S 15 8 2 Blue

Ridge N 3 3

3 Concord S (20) (15) 4 Eastern N 4.6 4.6 5 Fairmont N 24 16 6 Glenville N 25 10 7 WVHEPC S 10 1 8 Marshall S (100) (50) 9 Shepherd N (20) (14)

10 Southern S 9.5 4 11 West

Liberty N 20 17

12 West Liberty

N 1.5 0.2

13 WV Northern

N 5 3.5

14 WVSOM S 100 10 15 WV State S 100 11.5

TOTALS

A F F I D A V I T

West Virginia Code §5A-3-10a states: No contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and the debt owned is an amount greater than one thousand dollars in the aggregate. DEFINITIONS: “Debt” means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, defaulted workers’ compensation premium, penalty or other assessment presently delinquent or due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon. “Debtor” means any individual, corporation, partnership, association, limited liability company or any other form or business association owing a debt to the state or any of its political subdivisions. “Political subdivision” means any county commission; municipality; county board of education; any instrumentality established by a county or municipality; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; or any public body charged by law with the performance of a government function or whose jurisdiction is coextensive with one or more counties or municipalities.

“Related party” means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever, related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceed five percent of the total contract amount. EXCEPTION: The prohibition of this section does not apply where a vendor has contested any tax administered pursuant to chapter eleven of this code, workers’ compensation premium, permit fee or environmental fee or assessment and the matter has not become final or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement. LICENSING: The vendor must be licensed in accordance with any and all state requirements to do business with the state of West Virginia. CONFIDENTIALITY: The vendor agrees that he or she will not disclose to anyone, directly or indirectly, any such personally identifiable information or other confidential information gained from the agency, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the agency’s policies, procedures and rules. Vendors should visit www.state.wv.us/admin/purchase/privacy for the Notice of Agency Confidentiality Policies. Under penalty of law for false swearing (West Virginia Code, §61-5-3), it is hereby certified that the vendor acknowledges the information in this said affidavit and are in compliance with the requirements as stated. Vendor’s Name: __________________________________________________________________________ Authorized Signature: ______________________________________ Date: ___________________________ No Debt Affidavit Revised 02/08/06

EXHIBIT E

donovan

Note

Accepted set by donovan

Dear Vendor:

Before a vendor is eligible to sell goods and/or services to the State of West Virginia, the West Virginia Code (§5A-3-12) requires all vendors to have on file with the West Virginia Purchasing Division a completed Vendor Registration andDisclosure Statement.

All vendors wishing to participate in the competitive bid process and receive purchase orders from the State of WestVirginia exceeding one thousand dollars ($1,000) are required to complete the Vendor Registration and DisclosureStatement (WV-1 form) and pay a $125.00 annual fee. Payment of the annual fee includes access to the West VirginiaPurchasing Bulletin, which is updated online weekly, advertising purchases expected to exceed twenty-five thousanddollars ($25,000).

Please complete this form in its ENTIRETY and return it with a check or money order made payable to the STATE OFWEST VIRGINIA in the amount of $125.00. Incomplete forms will not be processed and will be returned to the vendor.Please send completed form and payment to:

Purchasing DivisionVendor Registration

2019 Washington Street EastP.O. Box 50130

Charleston, WV 25305-0130

Pages 1 and 2 which consist of information related to vendor organizational structure must be completed. Whenever achange occurs in the information submitted as required, such change shall be reported immediately in the same manneras required in the original disclosure affidavit (WV Code §5A-3-12). If you have any questions concerning the VendorRegistration and Disclosure Statement, please call the Purchasing Division at (304) 558-2311.

VENDOR REGISTRATION AND DISCLOSURE STATEMENT

STATE OF WEST VIRGINIAPURCHASING DIVISION

WV-1REV. 06/08/06

1. Legal Name of Company/Individual _________________________________________________________________________

Bidding Address_____________________________________________________________________________________

__________________________________________________________________________________________________

City/State/Zip ________________________________________________________________________________________

Contact Person ______________________________________________________________________________________

Telephone Number ___________________________________ FAX Number ____________________________________

PLEASE TYPE OR CLEARLY PRINT ALL INFORMATIONTo Be Completed by the Vendor and Return to the West Virginia Purchasing Division

2. Vendor Classified As: If you have a Federal Employer's Identification Numberenter it. All partnerships, corporations, sole owners, orcompanies with employees must have an FEIN.

3.

_____ Individual_____ Sole Proprietorship_____ Partnership_____ Estate/Trust_____ Corporation_____ Public Service Corp

_____ Governmental Entity_____ Non-Profit Organization_____ Other (Explain) _______________________________________________________________________________________

For individuals with no FEIN, enter Social Security Number.

4. By providing the following information, I represent that this enterprise is a small business as defined by the Code of FederalRegulations, Title 13, Part 121, as appended - which contains detailed industry definitions and related procedures - and/or thecharacteristics of the enterprise's control, operation and/or ownership are accurately reflected in the information provided. Checkall that apply.

_____ Disabled Small Business Ownership [1]_____ Minority Small Business Ownership [2]_____ Small Business Ownership [3]

_____ Veteran Small Business Ownership [4]_____ Woman Small Business Ownership [5]

The information gathered in question 7 is for data collection efforts only.

donovan

Text Box

EXHIBIT F

2

Title

Vendor Signature

As authorized agent of the vendor named herein, I do solemnlyswear that the above information is true and complete.

9. List the name, title and residence location of all officers. Attach an additional sheet if space is needed.

Residence Address (St. & No.), City & StatePositionName

10. List the name and telephone number of one or more banking institutions to serve as reference for the vendor.

11. What is the latest Dun & Bradstreet rating on the vendor (if there is any such rating)?

12. Is the vendor acting as an agent for some other individual, firm or corporation? If yes, attach statement of the principal authorizingsuch representation.

No Yes

13. List the three digit commodity code number(s) from the list on pages 3 and 4 which best describe the product(s)/service(s)furnished by your company. (Attach additional page, if necessary)

No Yes7. Are you completing this form to register a branch/division/subsidiary?

If yes, please list the parent company's name, address, and FEIN.

Company Name: ___________________________________________________________________________________

Address: ___________________________________________________________________________________________

________________________________________________________________________________________________

FEIN: ______________________________________________________________________________________________

____________________________ __________________________________ ______________________________________________

____________________________ __________________________________ ______________________________________________

____________________________ __________________________________ ______________________________________________

____________________________ __________________________________ ______________________________________________

____________________________ __________________________________ ______________________________________________

8. Has the vendor done business under another name? If so, list the name and address under which the business wasconducted.

Name Address (St. & No.), City & State

5. Are you registering as a new vendor with the Purchasing Division? No Yes

6. Are you updating the information previously submitted? No Yes

Date

PLEASE TYPE OR CLEARLY PRINT ALL INFORMATION

VENDOR REGISTRAVENDOR REGISTRAVENDOR REGISTRAVENDOR REGISTRAVENDOR REGISTRATION TION TION TION TION AND DISCLAND DISCLAND DISCLAND DISCLAND DISCLOSURE STOSURE STOSURE STOSURE STOSURE STAAAAATEMENTTEMENTTEMENTTEMENTTEMENT

PURCHASING DIVISION USE ONLY

Vendor ID: ______________________________________

Check No.: ______________________________________

Memo No.: ______________________________________

Date: __________________________________________

Entered by: _____________________________________

005 ABRASIVES010 ACOUSTICAL TILE, INSULATING MATERIALS, & SUPPLIES015 ADDRESSING, COPYING, MIMEOGRAPH MACHINES020 AGRICULTURAL EQUIPMENT022 AGRICULTURAL, PARTS025 AIR COMPRESSORS &ACCESSORIES031 AIR CONDITIONING, HEATING, & VENTILATING EQUIPMENT035 AIRCRAFT &AIRPORT, EQUIPMENT, PARTS &SUPPLIES905 AIRCRAFT OPERATIONS SERVICES040 ANIMALS045 APPLIANCES & EQUIPMENT, HOUSEHOLD TYPE906 ARCHITECT-ENGINEER & PROF. DESIGN SERVICES050 ART EQUIPMENT052 ART OBJECTS715 AUDIOVISUAL MATERIALS (PREPARED)055 AUTOMOTIVE ACCESSORIES065 AUTOMOTIVE BODIES, PARTS060 AUTOMOTIVE PARTS075 AUTOMOTIVE SHOP EQUIPMENT070 AUTOMOTIVE VEHICLES & TRANSPORTATION EQUIPMENT080 BADGES, EMBLEMS, NAME TAGS & PLATES, JEWELRY, ETC.085 BAGS, BAGGING, TIES, & EROSION CONTROL EQUIPMENT090 BAKERY EQUIPMENT375 BAKERY PRODUCTS095 BARBER &BEAUTY SHOP EQUIPMENT & SUPPLIES100 BARRELS, DRUMS, KEGS, &CONTAINERS105 BEARINGS (WHEEL BEARINGS &SEALS - SEE CLASS 060)110 BELTS & BELTING: CONVEYOR, ELEVATOR, POWER TRANS.115 BIOCHEMICALS, RESEARCH270 BIOLOGICALS FOR HUMAN USAGE120 BOATS, MOTORS, & MARINE & WILDLIFE SUPPLIES125 BOOKBINDING SUPPLIES908 BOOKBINDING, REBINDING, & REPAIRING135 BRICKS & OTHER CLAY PRODUCTS, REFRACTORY MATERIALS140 BROOM, BRUSH, & MOP MFC MACHINERY & SUPPLIES145 BRUSHES (NOT OTHERWISE CLASSIFIED)150 BUILDER’S SUPPLIES910 BUILDING MAINTENANCE & REPAIR SERVICES155 BUILDINGS & STRUCTURES: FABRICATED & PREFABRICATED160 BUTCHER SHOP & MEAT PROCESSING EQUIPMENT165 CAFETERIA & KITCHEN EQUIPMENT, COMMERCIAL175 CHEMICAL LABORATORY EQUIPMENT & SUPPLIES180 CHEMICAL RAW MATERIALS190 CHEMICALS & SOLVENTS, COMMERCIAL (IN BULK)192 CLEANING COMPOSITIONS, DETERGENTS (PREPACKAGED)193 CLINICAL LABORATORY REAGENTS & TESTS195 CLOCKS, TIMERS, WATCHES, & EQUIPMENT200 CLOTHING, APPAREL, UNIFORMS, & ACCESSORIES915 COMMUNICATIONS & MEDIA SERVICES205 COMPUTER SYSTEMS: HARDWARE, SOFTWARE, & SUPPLIES210 CONCRETE & METAL CULVERTS, PILINGS, PIPE, SUPPLIES220 CONTROLLING, INDICATING, MEASURING, SUPPLIES225 COOLERS, DRINKING WATER (WATER FOUNTAINS)232 CRAFTS, GENERAL

233 CRAFTS, SPECIALIZED240 CUTLERY, DISHES, FLATWARE, GLASSWARE, TRAYS, SUPPLIES245 DAIRY EQUIPMENT & SUPPLIES250 DATA PROCESSING CARDS & PAPER920 DATA PROCESSING SERVICES & SOFTWARE255 DECALS & STAMPS260 DENTAL EQUIPMENT & SUPPLIES265 DRAPERIES, CURTAINS, UPHOLST. MATERIALS (& AUTO)271 DRUGS, PHARMACEUTICAL, & SETS924 EDUCATIONAL SERVICES280 ELECTRICAL CABLES & WIRES (NOT ELECTRONIC)285 ELECTRICAL EQUIP. & SUPPLIES (EXCEPT CABLE & WIRE)287 ELECTRONIC COMPONENTS, REPLACE. PARTS, & ACCESS.295 ELEVATORS, BUILDING TYPE300 EMBOSSING & ENGRAVING290 ENERGY COLLECTING EQUIPMENT: SOLAR & WIND305 ENGINEERING EQUIP., SURVEYING EQUIP., DRAWING310 ENVELOPES, PLAIN OR PRINTED315 EPOXY BASED FORMULATIONS FOR ADHESIVES, COATINGS929 EQUIPMENT MAINTENANCE, ETC., AG, AUTO, INDUSTRIAL931 EQUIPMENT MAINTENANCE, ETC., APPLIANCE, FURNITURE934 EQUIPMENT MAINTENANCE, ETC., GENERAL938 EQUIP. MAINTENANCE, ETC., LAUNDRY, LAWN, PLUMBING936 EQUIPMENT MAINTENANCE, ETC., MEDICAL939 EQUIPMENT MAINTENANCE, ETC., OFFICE, PHOTO, TV318 FARE COLLECTION EQUIPMENT & SUPPLIES320 FASTENING EQUIPMENT325 FEED, BEDDING, VITAMINS & SUPPLEMENTS FOR ANIMALS330 FENCING335 FERTILIZERS & SOIL CONDITIONERS946 FINANCIAL SERVICES340 FIRE PROTECTION EQUIPMENT & SUPPLIES345 FIRST AID & SAFETY EQUIP. (NOT NUCLEAR OR WELDING)350 FLAGS, FLAG POLES, BANNERS, & ACCESSORIES360 FLOOR COVERING, INSTALLATION, REMOVAL & SUPPLIES365 FLOOR MAINTENANCE MACHINES370 FOOD PROCESSING & CANNING EQUIPMENT & SUPPLIES380 FOODS: DAIRY PRODUCTS385 FOODS: FREEZE-DRIED, FROZEN, READY-TO-EAT390 FOODS: PERISHABLES393 FOODS: STAPLES395 FORMS, CONTINUOUS: COMP. PAPER, LABELS & FOLDERS400 FOUNDRY CASTINGS, EQUIPMENTS, AND SUPPLIES405 FUEL, OIL, GREASE & LUBRICANTS415 FURNITURE, LABORATORY425 FURNITURE, OFFICE420 FURNITURE: CAFE., CHAPEL, DORM., HOUSE, SCHOOL410 FURNITURE: HEALTH CARE & HOSPITAL FACILITY430 GASES, CONTAINERS, EQUIPMENT: LAB., MED., WELDING435 GERMICIDES, HEALTH CARE440 GLASS & GLAZING SUPPLIES450 HARDWARE & RELATED ITEMS948 HEALTH RELATED SERVICES (HUMAN SER. SEE CLASS 952)745 HIGHWAY BUILDING MATERIALS, ASPHALT

CLASS DESCRIPTION CLASS DESCRIPTION

3

Commodity Code Listing

CLASS DESCRIPTION CLASS DESCRIPTION

966 PRINTING, PUBLISHING, SILK SCREENING, TYPESETTING961 PROFESSIONAL SERVICES710 PROSTHETIC DEVICES: HEARING AIDS, AUDITORY, ETC.968 PUBLIC WORKS, CONSTRUCTION SERVICES720 PUMPING EQUIPMENT & ACCESSORIES730 RADIO COMM. & TELECOMMUNICATION TESTING, EQUIP.725 RADIO COMMUNICATION, TELEPHONE, & TELECOMM.735 RAGS, SHOP TOWELS, & WIPING CLOTHS971 REAL PROPERTY RENTAL OR LEASE740 REFRIGERATION EQUIPMENT & ACCESSORIES975 RENTAL, LEASE OF EQUIP. - AG., AIR., AUTO.977 RENTAL, LEASE OF EQUIP. - APPLIANCES, FILM, FURN.985 RENTAL, LEASE OF EQUIP. - OFFICE, PHOTO, PRINT, TV979 RENTAL, LEASE OF EQUIP. - ENG. LAB., REFRIG.981 RENTAL, LEASE OF EQUIP. - GENERAL EQUIPMENT983 RENTAL, LEASE OF EQUIP. - JANITORIAL, LAUNDRY765 ROAD & HIGHWAY EQUIP. (EXCEPT ASPHALT, CONCRETE)755 ROAD & HIGHWAY EQUIP., ASPHALT AND CONCRETE760 ROAD & HIGHWAY EQUIPMENT, EARTH HANDLING988 ROADSIDE, GROUNDS, & PARK AREA SERVICES770 ROOFING (EXCEPT WOOD - SEE CLASS 540)775 SALT (SODIUM CHLORIDE) (SEE CLASS 393 FOR TABLE SALT)780 SCALES & WEIGHING APPARATUS (175-08 LAB. BALANCE)785 SCHOOL EQUIPMENT & SUPPLIES990 SECURITY, FIRE, SAFETY, & EMERGENCY SERVICES790 SEED, SOD, SOIL, & INOCULANTS795 SEWING ROOM & TEXTILE MACHINERY, & ACCESSORIES800 SHOES & BOOTS803 SOUND SYSTEMS, COMPONENTS, ACCESSORIES: I-COM, PA805 SPORTING & ATHLETIC GOODS810 SPRAYING EQUIP. (EXCEPT HOUSEHOLD, NURSERY, PAINT)815 STEAM & HOT WATER FITTINGS, ACCESSORIES, & SUPPLIES820 STEAM BOILERS, STEAM HEATING, & POWER PLANT EQUIP.825 STOCKMEN EQUIPMENT & SUPPLIES998 SURPLUS SALES830 TANKS: MOBILE, PORTABLE, STATIONARY832 TAPE (NOT DP, MEASURING, OPTICAL, SEWING, SOUND)840 TELEVISION EQUIPMENT & ACCESSORIES845 TESTING APPARATUS & INSTRUMENTS (NOT ELECT.)850 TEXTILES, FIBERS, HOUSEHOLD LINENS, & PIECE GOODS855 THEATRICAL EQUIPMENT & SUPPLIES860 TICKETS, COUPON BOOKS, SALES BOOKS, SCRIPT BOOKS893 TIRES & TUBES445 TOOLS, HAND (POWERED & NON-POWERED)864 TRAIN CONTROLS, ELECTRONIC865 TWINE870 VENETIAN BLINDS, AWNINGS, & SHADES875 VETERINARY EQUIPMENT & SUPPLIES880 VISUAL EDUCATION EQUIPMENT890 WATER SUPPLY & SEWAGE EQUIP. (NOT AC, LAB.)885 WATER TREATING CHEMICALS895 WELDING EQUIPMENT & SUPPLIES898 X-RAY & OTHER RADIOLOGICAL EQUIP. & SUPPLIES

475 HOSPITAL, SURGICAL & MEDICAL ACCESSORIES952 HUMAN SERVICES545 INDUSTRIAL MACHINERY & HARDWARE485 JANITORIAL SUPPLIES, GENERAL LINE495 LABORATORY & FIELD EQUIPMENT: BIO., BOT., ETC.493 LABORATORY EQUIPMENT: BIOCHEM., CHEM., ENV. SCI.490 LABORATORY EQUIPMENT: NUCLEAR, OPTICAL, PHYSICAL505 LAUNDRY & DRY CLEANING COMPOUNDS AND SUPPLIES500 LAUNDRY & DRY CLEANING EQUIPMENT954 LAUNDRY & DRY CLEANING SERVICES510 LAUNDRY TEXTILES & SUPPLIES515 LAWN MAINTENANCE EQUIPMENT, ACCESSORIES (NON-AG)520 LEATHER & RELATED EQUIPMENT, PRODUCTS, ACCESS.525 LIBRARY & ARCHIVAL EQUIPMENT, & SUPPLIES956 LIBRARY SERVICES530 LUGGAGE, BRIEF CASES, PURSES & RELATED ITEMS540 LUMBER & RELATED PRODUCTS550 MARKERS, PLAQUES, SIGNS, & TRAFFIC CONTROL DEVICES555 MARKING & STENCILING DEVICES557 MASS TRANSIT, BUS ACCESSORIES556 MASS TRANSIT, BUSES559 MASS TRANSIT, RAIL VEHICLE ACCESSORIES & PARTS558 MASS TRANSIT, RAIL VEHICLES560 MATERIAL HANDLING EQUIPMENT565 MATTRESS MANUFACTURING MACHINERY & SUPPLIES570 METALS: BARS, PLATES, RODS, SHEETS, STRIPS, ETC.,575 MICROFICHE & MICROFILM EQUIP., ACC., & SUPPLIES578 MISCELLANEOUS PRODUCTS962 MISCELLANEOUS SERVICES580 MUSICAL INSTRUMENTS, ACCESSORIES, & SUPPLIES590 NOTIONS, SEWING ACCESSORIES & SUPPLIES595 NURSERY STOCK, EQUIPMENT, & SUPPLIES600 OFFICE MACHINES605 OFFICE MECHANICAL AIDS & SMALL MACHINES615 OFFICE SUPPLIES, GENERAL610 OFFICE SUPPLIES: CARBON PAPER & RIBBONS, ALL TYPES620 OFFICE SUPPLIES: ERASERS, INKS, LEADS, PENS, PENCILS625 OPTICAL EQUIPMENT, ACCESSORIES, & SUPPLIES630 PAINT, PROTECTIVE COATINGS, VARNISH, WALLPAPER, ETC.635 PAINTING EQUIPMENT & ACCESSORIES645 PAPER (FOR OFFICE & PRINT SHOP USE)640 PAPER & PLASTIC PRODUCTS, DISPOSABLE650 PARK, PLAYGROUND, & SWIMMING POOL EQUIPMENT964 PERSONNEL, TEMP. (EMPLOYMENT AGENCY SERVICES)655 PHOTO. EQUIP. (NO GRAPH. ARTS, MICRO, X-RAY)660 PIPES, TOBACCOS, & SMOKING ACCESSORIES665 PLASTICS, RESINS, FIBERGLASS670 PLUMBING EQUIPMENT, FIXTURES, & SUPPLIES675 POISONS, AGRICULTURAL & INDUSTRIAL680 POLICE EQUIPMENT & SUPPLIES685 POULTRY EQUIPMENT & SUPPLIES700 PRINTING PLANT EQUIPMENT & SUPPLIES (EXCEPT PAPERS)705 PRINTING PREPARATIONS: ETCHING, MATS, NEGS., PLATES

4

Commodity Code Listing

Exhibit A

WV Higher Education Purchasing Manual March 2004

INSTRUCTIONS TO BIDDERS (Purchases greater than $25,000)

1. BIDDER’S REPRESENTATIONS: The bidder, by making a bid, represents that: (a) the bidder has read and understands the bidding documents, terms and conditions, and the bid is made in accordance therewith; and (b) the bid is based upon the materials, equipment, systems, printing and/or services specified.

2. QUALITY STANDARDS: Brand names, when identified, include the standard of quality, performance or use

desired. Unless otherwise noted, bids by bidders on equivalents may be considered, provided the bidder furnishes descriptive literature and other proof required by the Institution. Samples, when required, must be furnished free of charge, including freight. In the event the Institution elects to contract for a brand purported to be an equivalent by the bidder, the acceptance of the item will be conditioned on the Institution’s inspection and testing after receipt. If, in the sole judgment of the Institution, the item is determined not to be equivalent, the item will be returned at the Seller’s expense and the contract terminated.

3. SUBMISSION OF BIDS: The bid, the bid security, if any, and other documents required to be submitted with the

bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the bids and shall be identified as a “Sealed Bid,” and shall include the bid number, the bid opening time, and the bid opening date. Bids shall be delivered and deposited at the designated location prior to the time and date for receipt of bids. Bids received after the time and date for the bid opening will be returned unopened. The bidder shall assume full responsibility for timely delivery at the location designated for receipt of bids. Oral, telephonic, facsimile or telegraphic bids are invalid and will not receive consideration.

4. MODIFICATION OR WITHDRAWAL OF BIDS: Prior to the time and date designated for receipt of bids, a bid

submitted may be modified or withdrawn by notice to the party receiving bids at the place designated for receipt of bids. Such notice shall be in writing over the signature of the bidder and shall be received prior to the designated time and date for receipt of bids. A modification shall be worded so as not to reveal the amount of the original bid. A withdrawal may be made by facsimile or electronic transmission. A modification may also be made by facsimile or electronic transmission if the final bid result is not revealed prior to the bid opening.

5. OPENING OF BIDS: Bids shall be publicly opened and read aloud at the designated location for receipt of bids

shortly after the time and date bids are due. 6. REJECTION OF BIDS: The Institution shall have the right to reject any and all bids, in whole or part; to reject a

bid not accompanied by a required bid security or other data required by the bidding documents; or reject a bid which is in any way incomplete or irregular.

7. ACCEPTANCE OF BID (AWARD): It is the intent of the Institution to award a contract to the lowest responsible

and responsive bidder provided the bid does not exceed the funds available. The Institution shall have the right to waive informalities or irregularities in a bid received and to accept the bid, which in the Institution’s judgment, is in the Institution’s own best interests. All bids are governed by the West Virginia Code and the Procedural Rules of the Commission.

8. VENDOR REGISTRATION: Prior to any award for purchases exceeding $15,000, the apparent successful

bidder must be properly registered with the W. Va. Department of Administration, Purchasing Division, and have paid the required vendor registration fee.

9. NON-FUNDING: All services performed or goods delivered under State Purchase Orders/Contracts are to be

continued for the term of the Purchase Order/Contract, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise available for these services or goods, this Purchase Order/Contract becomes void and of no effect after June 30.

10. PAYMENTS AND INTEREST ON LATE PAYMENTS: Payment may only be made after the delivery and

acceptance of goods or services. Interest may be paid for late payment in accordance with the West Virginia Code.

11. RESIDENT VENDOR PREFERENCE: A resident vendor preference will be granted upon written request in

accordance with the West Virginia Code. 12 TAX EXEMPTION: The State of West Virginia, the Commission, Governing Board and its institutions are exempt

from federal and state taxes and will not pay or reimburse such taxes.

Exhibit B


TERMS AND CONDITIONS 1. ACCEPTANCE: Vendor shall be bound by this Order and its terms and conditions upon receipt of this Order. This Order

expressly limits acceptance to the terms and conditions stated herein. Additional or different terms proposed by the Vendor are objected to and are hereby rejected, unless otherwise provided for in writing by the Institution and approved by the Attorney General.

2. APPLICABLE LAW: The laws of the State of West Virginia and the Procedural Rules of the Higher Education Policy

Commission shall govern all rights and duties under the Contract, including without limitation the validity of this Purchase Order/Contract.

3. ASSIGNMENT: Neither this Order nor any monies due, or to become due hereunder, may be assigned by the Vendor without

the Institution’s consent. 4. INSTITUTION: For the purposes of these Terms and Conditions, the “Institution” means the institution purchasing goods and

services for which a Purchase Order has been lawfully issued to the Vendor. 5. CANCELLATION: The Institution may cancel any Purchase Order/Contract upon 30 days written notice to the Vendor. 6. COMPLIANCE: Vendor shall comply with all federal, state and local laws, regulations and ordinances including, but not limited

to, the prevailing wage rates of the W. Va. Division of Labor, if applicable. 7. DELIVERY: For exceptions to the delivery date as specified in the Order, the Vendor shall give prior notification and obtain the

approval of the Institution. Time is of the essence of this Order and it is subject to termination by the Institution for failure to deliver on time.

8. DISPUTES: Disputes arising out of the agreement shall be submitted to the West Virginia Court of Claims. 9. HOLD HARMLESS: The Institution will not agree to hold the Vendor or any other party harmless because such agreement is

not consistent with state law. 10. MODIFICATIONS: This writing is the parties’ final expression of intent. No modification of this Order shall be binding unless

agreed to in writing by the Institution. 11. NON-FUNDING: All services performed or goods delivered under this Purchase Order/Contract are to be continued for the

term of the Purchase Order/Contract, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise available for these services or goods, this Purchase Order/Contract becomes void and of no effect after June 30.

12. ORDER NUMBERS: Contract Order numbers or Purchase Order numbers shall be clearly shown on all acknowledgments,

shipping labels, packing slips, invoices and correspondence. 13. PAYMENTS AND INTEREST ON LATE PAYMENTS: Payments may only be made after the delivery of goods or services.

Interest may be paid on late payments in accordance with the West Virginia Code. 14. RENEWAL: The Contract may be renewed only upon mutual written agreement of the parties. 15. REJECTION: All goods or materials purchased herein are subject to approval of the Institution. Any rejection of goods or

materials resulting in nonconformity to the terms, conditions or specifications of this Order, whether held by the Institution or returned to the Vendor, will be at the Vendor’s risk and expense.

16. VENDOR: For the purposes of these Terms and Conditions, the “Vendor” means the vendor whose quotation, bid, proposal or

expression of interest has been accepted and has received a lawfully issued Purchase Order from the Institution. 17. SHIPPING, PACKING, BILLING & PRICING: Unless otherwise stated, all goods are to be shipped prepaid, FOB destination.

No charges will be allowed for special handling, packing, wrapping, bags, containers, etc., unless otherwise specified. All goods or services shall be shipped on or before the date specified in this Order. Prices are those that are stated in this Order. No price increase will be accepted without written authority from the Institution.

18. TAXES: The State of West Virginia (the Institution) is exempt from Federal and State taxes and will not pay or reimburse such

taxes. 19. TERMINATION: In the event of a breach by the Vendor of any of the provisions of this contract, the Institution reserves the

right to cancel and terminate this contract forthwith upon giving written notice to the Vendor. The Vendor shall be liable for damages suffered by the Institution resulting from the Vendor’s breach of contract.

20. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Order will: (a) conform to the

specifications, drawings, samples or other description furnished or specified by the Institution; (b) be merchantable and fit for the purpose intended; (c) be free and clear of all liens, claims and encumbrances of any kind; and/or (d) be free from defect in material and workmanship.

WV-96 AGREEMENT ADDENDUMRev. 5/94

In the event of conflict between this addendum and the agreement, this addendum shall control:

1. ARBITRA TION - Any references to arbitration contained in the agreement are hereby deleted. Disputes arising out of the agreement shall be presented to theWest Virginia Court of Claims.

2. HOLD HARMLESS - Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety.

3. GOVERNING LA W - The agreement shall be governed by the laws of the State of West Virginia. This provision replaces any references to any other State’sgoverning law.

4. TAXES - Provisions in the agreement requiring the Agency to pay taxes are deleted. As a State entity, the Agency is exempt from Federal, State, and local taxesand will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of Vendor or any other party.

5. PAYMENT - Any references to prepayment are deleted. Payment will be in arrears.

6. INTEREST - Should the agreement include a provision for interest on late payments, the Agency agrees to pay the maximum legal rate under West Virginia law.All other references to interest or late charges are deleted.

7. RECOUPMENT - Any language in the agreement waiving the Agency’s right to set-off, counterclaim, recoupment, or other defense is hereby deleted.

8. FISCAL YEAR FUNDING - Service performed under the agreement may be continued in succeeding fiscal years for the term of the agreement, contingentupon funds being appropriated by the Legislature or otherwise being available for this service. In the event funds are not appropriated or otherwise available forthis service, the agreement shall terminate without penalty on June 30. After that date, the agreement becomes of no effect and is null and void. However, theAgency agrees to use its best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shall notbe considered an event of default.

9. STATUTE OF LIMIT ATION - Any clauses limiting the time in which the Agency may bring suit against the Vendor, lessor, individual, or any other party aredeleted.

10. SIMILAR SER VICES - Any provisions limiting the Agency’s right to obtain similar services or equipment in the event of default or non-funding during theterm of the agreement are hereby deleted.

11. ATTORNEY FEES - The Agency recognizes an obligation to pay attorney’s fees or costs only when assessed by a court of competent jurisdiction. Any otherprovision is invalid and considered null and void.

12. ASSIGNMENT - Notwithstanding any clause to the contrary, the Agency reserves the right to assign the agreement to another State of West Virginia agency,board or commission upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior to assigning the agreement.

13. LIMIT ATION OF LIABILITY - The Agency, as a State entity, cannot agree to assume the potential liability of a Vendor. Accordingly, any provision limitingthe Vendor’s liability for direct damages or limiting the Vendor’s liability under a warranty to a certain dollar amount or to the amount of the agreement is herebydeleted. In addition, any limitation is null and void to the extent that it precludes any action for injury to persons or for damages to personal property.

14. RIGHT T O TERMINA TE - Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor.

15. TERMINA TION CHARGES - Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is herebydeleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful terminationby the Agency prior to the end of any current agreement term.

16. RENEWAL - Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties.

17. INSURANCE - Any provision requiring the Agency to insure equipment or property of any kind and name the Vendor as beneficiary or as an additional insuredis hereby deleted.

18. RIGHT T O NOTICE - Any provision for repossession of equipment without notice is hereby deleted. However, the Agency does recognize a right of reposses-sion with notice.

19. ACCELERA TION - Any reference to acceleration of payments in the event of default or non-funding is hereby deleted.

20. AMENDMENTS - All amendments, modifications, alterations or changes to the agreement shall be in writing and signed by both parties. No amendment,modification, alteration or change may be made to this addendum without the express written approval of the Purchasing Division and the Attorney General.

ACCEPTED BY:STATE OF WEST VIRGINIA VENDOR

Spending Unit: _______________________________________ Company Name: _______________________________________

Signed: ______________________________________________ Signed: ______________________________________________

Title: _______________________________________________ Title: ______________________________________________

Date: ________________________________________________ Date: _______________________________________________

Exhibit C

Exhibit D


PROMPT PAYMENT ACT OF 1990 (W. VA. CODE §5A-3-54) INSTITUTION’S RESPONSIBILITY: According to the Prompt Payment Act of 1990 (West Virginia Code §5A-3-54), any properly registered and qualified vendor who supplies services or commodities to an institution is entitled to prompt payment upon presentation to the institution of a legitimate uncontested invoice. The institution’s accounts payable function shall establish institutional procedures to ensure that vendors are paid promptly. An institution receiving a legitimate uncontested invoice shall process the invoice within ten working days from its receipt. This means that invoices shall be processed at the institution and forwarded to the State Auditor within ten days of receipt of the vendor's legitimate and uncontested invoice. An invoice shall be deemed to have been received on the date it is marked received by the institution, or three days after the date of the postmark made by the United States Postal Service as evidenced on the envelope in which the invoice was mailed, whichever is earlier. If the invoice is received prior to delivery and acceptance of the goods and services, the invoice shall be deemed to be received on the date the goods are delivered and accepted or the services fully performed and accepted. VENDOR’S RESPONSIBILITY: In order to receive timely payment, vendors have an obligation and responsibility to present invoices that are timely and accurate. An original of a vendor’s invoice is needed for payment. The invoice must also contain identical information as shown on the purchase order or contract, such as:

a. Vendor’s name and address; b. Federal Employer’s Identification Number (FEIN); c. Purchase order number; d. Invoice should be mailed to the proper address at the institution; e. Item description and number; f. Quantity, unit of measure and/or unit price, and extension of each item; g. Invoice total; h. Dates of order and shipment; i. Back orders, if any; j. Cancellations, if any; k. Credit memo, if the credit is not part of the invoice; and l. Invoices for services rendered must include the dates of service and be prepared according to the payment

terms in the contract or purchase order. INTEREST ON LATE PAYMENT: The Prompt Payment Act of 1990 (West Virginia Code §5A-3-54) entitles a vendor to interest on legitimate and uncontested invoices that have not been paid from the 61st day after the invoice was received until the date when the check was mailed to the vendor. The Act considers an invoice uncontested when it accurately covers the goods and services received. If the invoice is received prior to delivery and acceptance of the goods and services, the invoice shall be deemed to be received on the date the goods are delivered and accepted or the services fully performed and accepted. In order to receive payment for interest if entitled, a vendor must make a request in writing to the State Auditor and provide proof that the vendor received a check for payment of the invoice after the 60 day time limit. If the vendor is entitled to interest, the State Auditor’s Office will calculate the interest and pay any amounts due.

Documents

REQUEST FOR PROPOSAL WVNET 07005 REQUEST FOR PROPOSAL (RFP) FOR