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    This web page is a mere facsimile of the official Request for Proposal (RFP) document. Vendors considering responding to this RFP must contact the University of Virginia Purchasing office at 804-924-4212 to obtain an official printed copy and to ensure that they receive information regarding changes and amendments. The printed version of the RFP of the only official version.

    Virginia Education and Research Network (VERnet) Internet Connectivity Services

                Request for Proposal Number GN-031296
                        March 12, 1996
    
                             Issued by
           The Department of Purchasing and Materials Services
    
                               for
    
                      The Rector and Visitors
                                of
                     The University of Virginia
    

    Table of Contents Page

    I. General 1

    II. Procurement Schedule 2

    III. Issuance of Request for Proposal and Questions 2

    IV. Proposal Deadline 3

    V. Pre-Proposal Conference 3

    VI. Oral Presentations and Negotiations 3

    VII. Communications Between the University and the Firms Regarding This

    Request for Proposal, The Firms' Proposals and This Procurement

    Transaction 4

    VIII. Formation of the Agreement with the Selected Firm 5

    IX. Provisions Deemed Included in the Proposal 6

    X. Rejection of Proposals 7

    Attachment A - Background Discussion and Goals of the University 8

    Attachment B - Basis of Selection 10

    Attachment C - Contents of the Proposal 12

    Attachment D - Preferred Contractual Provisions 16

    Attachment E - Mandatory Contractual Provisions 20

    Attachment F - Procedure for Resolution of Contractual Claims 23

    Attachment G - Dial-Up Modem Services 25

    Attachment H - Scope of Required Services 26

    Attachment I - Mandatory Technical Specifications 28

    Attachment J - Preferred Technical Specifications 30

    Attachment K - Special Needs of Certain VERnet Member Sites 32

    Attachment L - VERnet Membership Site List 34

    Attachment M - VERnet Dial-Up Site Location List 43

    Virginia Education and Research Network (VERnet) Internet Connectivity Services

    Request for Proposal Number GN-031296

    March 12, 1996

    I. General

    The Rector and Visitors of the University of Virginia, a Virginia public corporation, (the "University"), seeks an experienced firm to assume operational responsibility for the Virginia Education and Research Network (VERnet). The scope of the goods or services required by the University is described in detail in Attachment H, Scope of Required Services; Attachment I, Mandatory Specifications; and Attachment J, Preferred Specifications.

    This Request for Proposal is part of a competitive procurement process which helps to serve the University's best interests. It also provides firms with a fair opportunity for their services to be considered. The process of competitive negotiation being used in this case should not be confused with the different process of competitive sealed bidding. The latter process is usually used where the goods or services being procured can be described precisely and price is generally the determinative factor. With competitive negotiation, however, price is not required to be the determinative factor, although it may be, and the University has the flexibility it needs to negotiate with firms to arrive at a mutually agreeable relationship.

    For ease of reference, each firm receiving this Request for Proposal is referred to as a "Firm" and the Firm selected to provide services for the University is referred to as the "Selected Firm." This Request for Proposal states the instructions for submitting proposals, the procedure and criteria by which a Firm may be selected, and the contractual terms by which the University proposes to govern the relationship between it and the Selected Firm.

    It is the policy of the Commonwealth of Virginia and the University of Virginia to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities, and to encourage their participation in State procurement activities. The Commonwealth and the University encourage Firms to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities.

    II. Procurement Schedule

    Here is a brief schedule for this procurement, specifying the important dates and milestones:

    A. Issue Date of RFP 3/12/96

    B. Pre-Proposal Conference 3/25/96

    C. Deadline for Receipt of Proposals 4/08/96

    D. Oral Presentations 4/19/96

    E. Negotiations 4/22/96

    F. Contract Award 4/30/96

    III. Issuance of Request for Proposal and Questions

    The Issuing Office for this Request for Proposal is:

    Purchasing and Materials Services

    University of Virginia

    1001 North Emmet Street

    P.O. Box 9008

    Charlottesville, Virginia 22906

    ATTENTION: Gary Nimax, C.P.M., Assistant Director

    Telephone: (804) 924-4220

    Fax : (804) 982-2690

    TDD : (804) 982-HEAR

    Any questions concerning this Request for Proposal will be directed to Gary Nimax at (804) 924-4220, and not to any other person at the University. The University

    will determine whether any addenda should be issued as a result of any question or other matters raised.

    IV. Proposal Deadline

    All proposals must be received at the Issuing Office by 3:00 p.m., Monday, April 8, 1996. Five copies of each proposal must be provided. Each proposal will be provided in a single bound volume.

    V. Pre- Proposal Conference

    A conference for Firms receiving this Request for Proposal will be held on Monday, March 25, 1996 at 2:00 p.m. EST in Carruthers Hall Conference Room # 2, Charlottesville, Virginia. Attendance at this conference is advised if your Firm wishes to raise any questions in connection with this Request for Proposal. The University intends to present general information which may be helpful in the preparation of proposals and to offer Firms the opportunity to ask questions concerning this Request for Proposal. No Firm may have more than two representatives present at the Pre-Proposal Conference.

    Firms planning to attend the Pre- Proposal Conference should notify RFP Coordinator at the Issuing Office [phone: (804) 924-1346] no later than 3:00 p.m. EST on Friday, March 22, 1996 of the names and titles of the individuals who will attend.

    VI. Oral Presentations and Negotiations

    An oral presentation by two or more Firms may be required after written proposals are received by the University. If the University requires such a presentation, the Issuing Office will schedule a time and place. Each Firm should be prepared to discuss and substantiate any of the areas of the proposal it submitted, its own qualifications for the services required and any other area of interest relative to its proposal. Oral presentations are scheduled for April 19, 1996.

    Negotiations with two or more Firms will be conducted by the University on the Firms' financial proposals and proposed terms and conditions. Negotiations are scheduled for April 22, 1996.

    VII. Communications Between the University and the Firms Regarding This Request for Proposal, the Firms' Proposals and this Procurement Transaction

    A. Informal Communications

    From the date of receipt of this Request for Proposal by each Firm until a binding contractual agreement exists with the Selected Firm and all other Firms have been notified, or when the University rejects all proposals, informal communications regarding this procurement will cease. Informal communications will include but not be limited to:

    1. Requests from the Firms to any department(s) at the University, with the exception of Purchasing and Materials Services (see Section III, Issuance of Request for Proposal and Questions) for information, comments, speculation, etc.; and

    2. Requests from any department(s) at the University, or any employee of the University, with the exception of Purchasing and Materials Services for information, comments, speculation, etc.

    B. Formal Communications

    From the date of receipt of this Request for Proposal by each Firm until a binding contractual agreement exists with the Selected Firm and all other Firms have been notified, or when the University rejects all proposals, all communications between the University and the Firms will be formal, or as provided for in this Request for Proposal, or as requested by Purchasing and Materials Services. Formal communications will include but not be limited to:

    1. Pre-Proposal Conference;

    2. Oral presentations;

    3. Site visits, etc.

    C. Any failure to adhere to the provisions set forth in (A) and (B) above may result in the rejection of any firm's proposal or cancellation of this Request for Proposal.

    VIII. Formation of the Agreement with the Selected Firm

    All proposals received will be carefully evaluated by the University. The University will then select two or more Firms deemed to be fully qualified and best suited among those submitting proposals, on the basis of evaluation criteria described in this Request for Proposal (refer to Attachment B, Basis of Selection). The University will then conduct negotiations with each of these Firms. After negotiations have been conducted with each Firm so selected, the University will select the Firm which, in its opinion, has made the best proposal. The University will award the contract to the Selected Firm by either of these methods:

    A. Accept the proposal as written by issuing a written notice to the Selected Firm which refers to this Request for Proposal and accepts all or part of the proposal submitted in response to it and/or any addenda submitted during the negotiation process; or

    B. Both parties will execute a mutually satisfactory written agreement based on this Request for Proposal, the proposal submitted, and the negotiations concerning these.

    If the University determines in writing and in its sole discretion that only one Firm is fully qualified, or that one Firm is clearly more highly qualified than the others under consideration, it may decide to negotiate and award a contract to that Firm.

    Because the University may use alternative (A) above, each firm must include in its written proposal all requirements, terms or conditions it may have, and should not assume that an opportunity will exist to add such matters after the proposal is submitted.

    Firms should also note that, as described in the following Section IX, Provisions Deemed Included in the Proposal, certain matters will automatically be deemed part of the proposal.

    IX. Provisions Deemed Included in the Proposal

    The University will consider each proposal to include not only the matters expressly stated in the proposal as requested in Attachment C, Contents of the Proposal, but also other provisions which consist of two different types: those which are "mandatory" and cannot be changed by a Firm in its proposal; and those which are "preferred" by the University, but which a Firm may wish to alter by expressly and specifically so stating in its proposal.

    The University includes mandatory provisions so that all proposals will be governed by the same basic contractual terms. The University encourages any Firm which feels that a mandatory provision is unreasonable to contact the University before proposals are due so the University can consider amending the provision. The University includes preferred provisions so that any difference between the Firm and the University's preferred contractual provisions can be considered during the University's evaluation of proposals.

    A. Mandatory Provisions

    Each proposal received by the University in response to this Request for Proposal will automatically be deemed to include the Firm's agreement to the provisions of (1) and (2) below. Although such provisions will govern the Firm's proposals as submitted, the University and one or more Firms may later mutually agree to amend such provisions, such as when additional time is needed to consider proposals, or when contractual negotiations or performance indicate that such amendments are appropriate.

    1. The proposal constitutes an offer by the Firm which will remain open and irrevocable for a period of {Number} days [NOTE: This period is normally 120 days] from the deadline for submitting proposals stated in Section IV, Proposal Deadline above.

    2. If selected by the University, the provisions governing the Firm's performance will include all the provisions of Attachment E, Mandatory Contractual Provisions.

    B. Preferred Provisions

    Unless a Firm expressly and specifically provides otherwise in its written proposal, the proposal received by the University in response to this Request for Proposal will automatically be deemed to include the Firm's agreement to these provisions:

    1. The Firm consents to the University contacting and obtaining any information relevant to this Request for Proposal from the references and others identified by the Firm in its proposal, as well as from any other persons, firms, or agencies which the University wishes to contact; and

    2. If selected by the University, the provisions governing the Firm's performance will include all the provisions of Attachment D,

    Preferred Contractual Provisions.

    X. Rejection of Proposals

    The University reserves the right to reject any or all proposals received. Nonacceptance of a Firm's proposal will mean that one or more proposals were deemed more advantageous to the University or that all proposals were rejected. Firms whose proposals are not accepted will be notified after a binding contractual agreement between the University and the Selected Firm exists, or when the University rejects all proposals.

    The University very much appreciates your Firm's consideration of this Request for Proposal and looks forward to receiving your Firm's proposal.

    Attachment A

    Background Discussion and Goals of the University

    The Virginia Education and Research Network (VERnet) is a statewide Internet Protocol (IP)-based computer network which interconnects the majority of the Commonwealth's colleges and universities, several governmental agencies, some schools, and a few research and commercial organizations. A list of VERnet members is provided as Attachment L, VERnet Membership Site List. VERnet was established in the late 1980s to help fill a void in Virginia's research and education infrastructure by creating a mechanism to support cooperative research and education, promote Internet connectivity and services, and provide for the rapid exchange of all types of information. The initial funding for VERnet was from a combination of sources including a Virginia Tech grant from the National Science Foundation (NSF) under its NSFNET program, construction fees and dues paid by member organizations, and a significant contribution of resources by Virginia Tech and the University of Virginia. During this initial time period, VERnet was sponsored by the Virginia Center for Public/Private Initiatives. At the end of the NSF grant period, a University of Virginia proposal to the Virginia Center for Innovative Technology (CIT) was funded for the continuation of VERnet. During the period of CIT support, the VERnet Board was established and the operational coordination role was assumed by the University of Virginia. VERnet has operated as an independent consortium since the end of the CIT award period.

    VERnet's primary function is to provide low-cost leased-line Internet connectivity to consortium members throughout the state. A combination of T1 and 56 kbps leased lines and T1 and 56 kbps Frame Relay services are used to interconnect sites. Traffic destined for locations outside of VERnet is gatewayed to the rest of the Internet via a 3.0 Mbps connection supplied by the SURAnet region of Bolt, Bernack, and Neuman, Inc. The University expects to increase the bandwidth of the Internet gateway connection to 4.5 Mbps within the next few months. Attachment N details the current network topology and line speeds for each site. In addition to the leased line services, VERnet also operates modem pools for the Virginia Department of Education (VDOE) in support of Virginia's Public

    Education Network (VA-PEN) and for the Library of Virginia in support of the Virginia Library and Information Network (VLIN).

    The rapid growth and commercialization of the Internet in recent years has fostered the creation of many new Internet service providers and helped to develop real competition. The market has grown to the point where the VERnet management now believes that it should be possible to procure connectivity services for the membership from an established Internet Service Provider for a fee structure that is similar to the dues currently paid by members. Under VERnet's existing rate structure, most sites with T1 connections pay $20,000 per year while most 56 kbps sites pay a $5,500 in annual dues. In general, these dues include local loop charges. The University seeks proposals from qualified Internet Service Providers to out-source the operation of VERnet. The intent is to out-source all aspects of VERnet's operation including, but not limited to, the actual provision of network connectivity, gateway service to other portions of the Internet, new site installation, network monitoring and repair, and all billing. VERnet's intention is to move away from operating a network into becoming a purchasing consortium where members place orders with and are billed directly by the Selected Firm.

    Attachment B

    Basis of Selection

    A. The University will evaluate proposals and, if a Firm is to be selected, select the Firm on the basis of:

    1. The composition of the Firm, including the key personnel committed to this project, and the Firm's capacity to provide high quality services as required by the University and described in Attachment H, Scope of Required Services, Attachment I, Mandatory Specifications and Attachment J, Preferred Specifications;

    2. The Firm's financial proposal;

    3. The Firm's plan to assist the University to meet its objectives for Internet services as defined in Attachment A, Background Discussion and Goals of the University, Attachment H, Scope of Required Services, Attachment I, Mandatory Specifications and Attachment J, Preferred Specifications;

    4. The Firm's relevant experience, qualifications and success in providing services of the type described in Attachment H, Scope of Required Services, Attachment I, Mandatory Specifications, and Attachment J, Preferred Specifications;

    5. The quality of the proposal, specifically:

    a) the provision of service to all VERnet sites,

    b) the technical quality of the proposal

    6. The contractual terms which would govern the relationship between the University and the Selected Firm;

    7. The Firm's references from institutions of higher education and clients which are comparable to the University;

    8. Any other factors relevant to the Firm's capacity and willingness to satisfy the University.

    B. The order in which the above selection criteria are listed is not necessarily indicative of their relative importance.

    C. It is expected that the Selected Firm will demonstrate extensive and substantial qualifications, capabilities, and experience in the provision of Internet Services. Previous experience should include successful provision of similar services to comparable institutions.

    The University intends to select a Firm on the basis of proposals received in response to this Request for Proposal and any other information it obtains from other sources regarding the Firm, including site visitations by a University delegation.

    Attachment C

    Contents of the Proposal

    Each Firm that wishes to submit a proposal in response to this Request for Proposal should submit to the Issuing Office five (5) copies of a written proposal which provides the information requested below. Copies of proposals will not be sent to any other office or department whatsoever at the University of Virginia or at any other state agency. When responding tho this RFP each Firm must take into consideration the information provided in Attachment K, Special Needs of Certain VERnet Member Sites.

    A. Proposed Services

    Proposals should include this information relevant to the Firms' proposed services:

    1. State the Firm's acceptance, with any proposed modifications, of Attachment D, Preferred Contractual Provisions;

    2. State the Firm's acceptance of Attachment E, Mandatory Contractual Provisions;

    3. State the Firm's acceptance, with any proposed modifications, of Attachment H, Scope of Required Services and Attachment I, Mandatory Specifications;

    4. State the Firm's acceptance of Attachment J, Preferred Specifications; and

    5. Provide a plan of operation to achieve the objectives set forth in Attachment A, Background Discussion and Goals of the University which fully addresses how the services outlined in Attachment H, Scope of Required Services, would be provided. At a minimum, the plan of operation should provide this information:

    A) A description of the backbone network the Firm will construct or use to carry traffic to VERnet sites including its topology, capacity, redundancy, equipment location points, etc.

    B) A description of the Firm's Network Operations Center, staffing, hours of operation, trouble reporting procedures, available management reports, etc.

    C) An outline of a transition plan for the re-homing of sites off of the existing VERnet backbone on to the infrastructure used by the Firm.

    D) An explanation how the Firm will connect VERnet sites to the rest of the Internet including information on the Firm's connection(s) to the Internet as a whole, the name of the Firm's Internet Service Provider (ISP) or National Science Foundation defined NAP connection points, bandwidths, available capacity, etc.

    E) An outline of the Firm's plan for assuming the provision of ancillary services such as primary and secondary DNS server services, USENET news feeds, MBONE feeds, special routing requirements, etc.

    F) The Firm's plan, if any, to provide special and/or discounted services to members of Virginia's Research and Educational community.

    G) The Firm's proposal, if any, to optionally offer non-Internet telecommunications services to VERnet sites. Such services must be completely optional and might include items such as discounted long distance telephone services, discounted leased line services, and/or other data, video, or voice transmission services. Due to state regulations, VERnet members who are also state agencies may be unable to take advantage of many of these services.

    B. The Firm and Its Proposed Operations

    Proposals should provide this information about the Firm and its proposed operations:

    1. Describe the Firm, its size, number of employees, and annual sales. This should include:

    a. A brief history of the Firm, emphasizing its services to higher education;

    b. An organizational chart indicating which individuals or positions would have knowledge of an Agreement with the University, and the degree to which each person would be responsible to the University's account;

    c. The Firm's commitment to the University in terms of resources, personnel, investment, etc.; and

    d. A copy of the Firm's most recent audited financial statements.

    2. Describe the Firm's general experience in providing services of the nature the University seeks.

    3. Provide a list of all of the Firm's clients comparable to the University indicating the length of service of each account. The University may contact and/or visit any of these accounts.

    4. State that the Firm represents that the prices, terms, warranties, and benefits specified in its proposal are comparable to or better than the equivalent terms being offered by the Firm to any present customer.

    5.5. The Firm will provide the University with any form or contract the University will be requested to sign.

    C. Financial Proposal

    The University seeks creative financial proposals which meet the objectives stated in Attachment A, Background Discussion and Goals of the University. Provide this information regarding the Firm's financial proposal:

    1. The proposed Internet Service fee structure. Each Firm must clearly detail what is covered for each proposed rate (especially in the area of local loop circuit costs). At a minimum, the fee structure must provide for end-institution connectivity at rates of 56 kbps, T1, dual-T1 (3 Mbps imux service), and triple-T1 (4.5 Mbps imux service).

    2. The fee structure, if any, for ancillary and/or optional services such as DNS, USENET news feeds, dial-up services, MBONE feeds, special routing needs, etc.

    3. The University reserves the right to inspect any Firm's audited financial statements or other financial information which may be acceptable to the University prior to making an award to that Firm.

    D. Reporting

    The Firm will submit a report of past efforts to utilize the goods and services of small businesses, and businesses owned by women and minorities, and plans for the involvement of small business and businesses owned by women and minorities in the resulting Agreement from this Request for Proposal.

    E. Other Information

    Provide any other information which the University should consider in evaluating the Firm's proposal.

    NOTE: In preparing proposals, Firms should be certain to address the selection criteria enumerated in Attachment B, Basis of Selection.

    Attachment D

    Preferred Contractual Provisions

    A. Services

    During the term of this Agreement, the Selected Firm will provide for the University the services offered to the University by the Firm in its proposal and/or any addenda to its proposal and as specified by the University when it selected the Firm.

    B. Term of Agreement

    The term of this Agreement will be for two years, with an option for renewal by the University, if agreeable to the Selected Firm, on the same terms and conditions, for three additional one year terms.

    C. The University's Authorized Representatives

    The only persons who are or will be authorized to speak or act for the University in any way with respect to this Agreement are those whose positions or names have been specifically designated in writing to the Selected Firm by the University's Chief Contracting Officer.

    D. Waiver

    No waiver of any right hereunder will be deemed a continuing waiver, and no failure on the part of either party to exercise wholly or in part any right hereunder will prevent a later exercise of such or any other right.

    E. Indemnification

    The Selected Firm will indemnify and hold harmless The Rector and Visitors of the University, the Commonwealth, and the employees and agents of each, from any and all property damage or loss, claims, liability, damages, expenses (including, without limitation, attorneys' fees and expenses) and any other amounts arising out of the performance of the Agreement by the Selected Firm.

    F. Governing Law

    This Agreement will be governed in all respects by the laws of the Commonwealth of Virginia.

    G. Termination

    If the Selected Firm fails to provide quality services in a professional manner, solely as determined by the University, and, upon receipt of notice from the University, does not correct the deficiency within a reasonable period of time, not to exceed 30 calendar days unless otherwise agreed to by both parties, the University reserves the right to terminate this Agreement by giving written notice to the Selected Firm.

    H. Non-Appropriation

    Funding for any Agreement between the University and a Selected Firm is dependent at all times upon the appropriation of funds by the Virginia General Assembly and/or any other agency of the Commonwealth authorized to appropriate such funds. In the event that funding to support this Agreement is not appropriated, whether in whole or in part, then the Agreement may be terminated effective the last day for which appropriated funding is available.

    I. Right of Audit

    The University reserves the right to audit or cause to be audited the Selected Firm's books and accounts with the University at any time during the term of this Agreement and for five years thereafter.

    J. Contractual Claims

    This Agreement is subject to the University's policy on Contractual Claims which is provided as Attachment F, Procedure for Resolution of Contractual Claims.

    K. Insurance

    Listed below is the insurance which the Selected Firm must provide under any Agreement resulting from this Request for Proposal. Each Firm will propose insurance which meets or exceeds the needs of the University. No Agreement will be executed by the University until the Firm satisfies the insurance requirements of the University. The Selected Firm will provide the University with a valid Certificate of Insurance before providing any goods or services to the University. The University reserves the right to approve any insurance proposed by the Selected Firm.

    Commercial/Comprehensive General Liability:

    The Selected Firm and any Subcontractor will maintain, at a minimum, a minimum Limit of Liability for bodily injury and property damage of $500,000 per person/occurrence, with coverage for:

    Premises - Operations

    Product - Completed Operations

    Automobile Insurance

    The Selected Firm and Subcontractor will provide a minimum Limit of Liability for bodily injury of $100,000/$300,000 per person/occurrence and property damage $100,000 per occurrence, with coverage for:

    Owned and non-owned automobiles operated by their employees.

    L. Purchasing Manual

    This Request for Proposal and subsequent Agreement are subject to the provisions of the Commonwealth of Virginia "Purchasing Manual for Institutions of Higher Education and Their Vendors" and any subsequent revisions.

    M. Agency Access

    If agreeable with the Selected Firm, these agencies may have access to any Agreement resulting from this request for proposal (RFP): 1) Any University related foundation or not for profit organization, and 2) Any institution of higher education, including Virginia's public colleges, universities, community colleges, and vocational education schools. The Selected Firm will respond promptly to a request from any of these agencies for access to the Agreement, but is NOT required to provide that access to the agency. A Firm's willingness to provide this access to these agencies will not be a consideration in awarding this RFP. Although the agencies may have access to the Agreement, their use of the Agreement is strictly optional.

    If an agency chooses to access the Agreement, the Agreement will be considered amended to be between the Selected Firm and the agency. The University will have no responsibility whatsoever for payment of invoices rendered to the agency, resolution of problems, or administration of contractual claims. The University's sole intent is to provide other agencies with access to the University's Agreements and to provide Selected Firms with opportunities to do business with other agencies.

    Attachment E

    Mandatory Contractual Provisions

    A. Nondiscrimination

    During the performance of this Agreement, the Selected Firm will comply with the contract provisions contained in Section 11-51 (1) & (2) of the Code of Virginia or any successor provisions which may be applicable to this Agreement.

    B. Conflict of Interests

    The Selected Firm represents to the University that its entering into this Agreement with the University does not entail any violation of the Virginia State and Local Government Conflict of Interest Act.

    C. Assignment

    Neither party to this Agreement will have the right to assign this Agreement in whole or in part without the prior written consent of the other.

    D. Amendments

    No amendment of this Agreement will be effective unless it is reduced to writing and executed by the University's Chief Contracting Officer and by the individual signing the Selected Firm's proposal or by other individuals named by either party as specified in Section E, Notices below. If the Selected Firm deviates from the terms of this Agreement without a written amendment, it does so at its own risk.

    E. Notices

    All notices will be given in writing and deemed given when delivered to, or deposited in the U.S. Postal Service mail, certified mail return receipt requested, and addressed to the other party as shown below.

    If to the University:

    Dolly Prenzel

    Chief Contracting Officer

    Carruthers Hall

    University of Virginia

    1001 North Emmet Street

    P.O. Box 9008

    Charlottesville, Virginia 22906

    If to the Selected Firm:

    The person signing the Selected Firm's proposal in response to the University's Request for Proposal, at the Selected Firm's address indicated in such proposal; or to such other person or address as either may designate for itself in writing and provide to the other.

    F. Independent Contractor

    The Selected Firm will not be an employee of the University, but will be an independent contractor. The Selected Firm will indemnify and hold harmless the Commonwealth of Virginia, the University, and the employees and agents of each with respect to all withholding, Social Security, unemployment compensation and all other taxes or amounts of any kind relating to employment of the persons providing services to the University with respect to this Agreement. Nothing in this Agreement will be construed as authority for the Selected Firm to make commitments which will bind the University, or to otherwise act on behalf of the University, except as the University may expressly authorize in writing.

    G. Worker's Compensation and Employers Liability

    The Selected Firm will comply with all statutory regulations and the Code of Virginia pertaining to Worker's Compensation Requirements for insured or self-insured programs. Minimum limits of liability on Employers Liability is $100,000. The Selected Firm will waive subrogation rights in any Worker's Compensation Claims, Employers Liability or action involving the Selected Firm's employees.

    H. Drug-Free Workplace

    The Selected Firm, its agents and employees are prohibited, under the terms of this Agreement and the Commonwealth of Virginia, Department of Personnel and Training Policy Number 1.02 executed by Governor Lawrence Douglas Wilder on July 1, 1991, from manufacturing, distributing, dispensing, possessing, or using any unlawful or unauthorized drugs or alcohol while on University property.

    Attachment F

    Procedure for Resolution of Contractual Claims

    Section 11-69 of the Virginia Public Procurement Act requires contractors with the University to submit any claims, whether for money or other relief, in writing no later than 60 days after final payment, however, written notice of the contractors intention to file such a claim will have been given at the time of the occurrence or beginning of the work upon which the claim is based.

    The University's procedure for deciding such contractual claims is:

    A. The Selected Firm must provide the written claim to:

    Director

    Department of Purchasing and Materials Services

    University of Virginia

    1001 North Emmet Street

    P.O. Box 9008

    Charlottesville, Virginia 22906

    B. Although the Selected Firm may, if it chooses, attempt to resolve its claim by dealing with a University department other than the one stated in Section A above, the Selected Firm must submit any unresolved claim in writing no later than 60 days after final payment to the Director of Purchasing and Materials Services if it wishes to pursue its claim.

    C. Upon receiving the written claim, the Director of Purchasing and Materials Services will review the written materials relating to the claim and decide whether to discuss the merits of the claim with the Selected Firm. If such discussion is to be held, the Director of Purchasing and Materials Services will contact the Selected Firm and arrange such discussion. The manner of conducting such discussion will be as the Director and the Selected Firm mutually agree.

    D. The Director of Purchasing and Materials Services will mail his or her decision to the Selected Firm within 60 days after receipt of the claim. The decision will state the reason for granting or denying the claim.

    E. The Selected Firm may appeal the decision to:

    Chief Contracting Officer

    University of Virginia

    Carruthers Hall

    1001 North Emmet Street

    P.O. Box 9008

    Charlottesville, Virginia 22906

    by providing a written statement explaining the basis of the appeal to the Chief Contracting Officer, within 15 days after the Selected Firm's receipt of the decision.

    F. Upon receiving the written appeal, the Chief Contracting Officer will review the written materials relating to the claim and decide whether to discuss the merits of the claim with the Selected Firm. If such discussion is to be held, the Chief Contracting Officer will contact the Selected Firm and arrange such discussion. The manner of conducting such discussion will be as the Chief Contracting Officer and the Selected Firm mutually agree.

    G. The Chief Contracting Officer will mail his or her decision to the Selected Firm within 15 days after the Chief Contracting Officer's receipt of the appeal. The decision will state the reasons for granting or denying the appeal.

    Attachment G

    Dial-Up Modem Services

    Attachment H

    Scope of Required Services

    A. General

    The University is seeking experienced Firms to provide Internet connectivity services to members of the VERnet consortium. It is the University's intent to contract with a single Firm unless, after examining the submitted proposals, it appears to be beneficial to the University to award contracts to multiple Firms.

    B. Service

    11The Selected Firm will provide Internet Protocol (IP) connectivity between all members of the VERnet consortium and will gateway traffic as needed to non-VERnet locations across the Internet in general as needed.

    The Selected Firm must have qualified staff on duty 24 hours per day, 365 days per year to resolve connectivity problems.

    The Selected Firm will operate a Network Operations Center (NOC) on a 24 hours per day, 365 day per year basis. The NOC will proactively monitor all circuits used to provide services to VERnet members and will work to resolve problems before member sites are aware that they exist.

    The Selected Firm will provide USENET news feeds, MBONE feeds, DNS server services, and other such services to individual VERnet sites upon request.

    The Selected Firm will provide the University with the ability to perform direct read-only SNMP queries of the routers used to provide service to VERnet member sites. This service merely requires the provision of SNMP access control information and does not imply that the Selected Firm is to supply a network management package to the University.

    The Selected Firm may choose to offer and individual VERnet Member Sites may choose to purchase a maintenance agreement where the Selected Firm either maintains the VERnet Member Site's router and CSU or maintains a pool of spare units for shipment in the event of a failure.

    C. Management Reports

    The Selected Firm(s) will, upon request, supply the University and/or VERnet Member Sites with reports which detail the level and/or quality of service being delivered. It expected that such reports will be requested on an infrequent basis and will primarily be used for capacity planning and problem resolution purposes. The Selected Firm will propose its standard report topics, formats, sampling intervals, sampling periods, and units of measure when responding to this Request for Proposals. The University and the Selected Firm will finalize reporting details as part of the final agreement negotiations. At a minimum, the University expects to be able to receive reports on Link Utilization, Packet Loss Rates, Link Error Rates, and Queue Drops.

    Attachment I

    Mandatory Technical Specifications

    Service Point Locations. The Selected Firm will provide network services to all existing VERnet members at the locations and data rates specified in Attachment L, VERnet Membership Table. The University fully expects that the vast majority of existing VERnet members will choose to transition to the new network infrastructure but can not guarantee any specific site or quantity of sites at this time. VERnet will obtain firm commitments from the membership before signing an Agreement with the Selected Firm.

    Router Serial Port Compatibility. Most VERnet sites are equipped with Cisco packet routers with serial ports configured to operate using Cisco's proprietary serial protocol. These routers are a mixture of AGS+, CGS, IGS, and 2500 devices. A few sites use NAT LANB-180 routers operating using the PPP protocol. Support for both the native cisco protocol and PPP is required. The Selected Firm must support Cisco router products or provide equivalent replacement equipment as part of its proposal.

    DSU/CSU Devices. At 56 kbps data rates a variety of CSUs are used. The vast majority are either General Datacom 500C devices or AT&T 3510 units. Some Fastcomm units are also in service. At T1 data rates, all CSUs are Digital Link DL551VX and DL-551 Encore units. The only T1 inverse multiplexor in service is also a Digital Link unit. The Selected Firm must either agree to support this existing equipment or provide equivalent replacement equipment as part of its proposal.

    Routing Protocols. With the exception of the University of Virginia, routing information is passed to member sites using RIP. The University of Virginia exchanges routing information with its provider via BGP. Most sites will continue to rely on RIP but the Selected Firm must support both protocols.

    Acceptable Use Policy. The Internet gateway services provided to VERnet Member Sites can not be restricted by an acceptable use requirement such as the old NSFNET Acceptable Use Policy which restricted use to research and educational purposes. All VERnet sites must be provided with full commercial access.

    CIDR Block Delegation. The Selected Firm will have or obtain a CIDR block of IP addresses from the Internic and meter out additional IP address space as needed to VERnet member sites.

    Attachment J

    Preferred Technical Specifications

    It is not necessary that the following components be included in your Firm's proposal. They are included here in order for the University to take advantage of any discounts available as part of a package. As stated in Attachment C: Contents of the Proposal, the University reserves the right to make a partial award based on line item quotations, and it will select the most advantageous package, selecting from all of its options.

    Router Serial Port Compatibility. Some older VERnet sites are still equipped with Proteon P4200 and P4100 routers. In general, these routers are older models that do not support the PPP protocol. The ability of these sites to be able to continue to use this older equipment is highly desirable.

    Existing Dial-up Modem Services. VERnet presently operates dial-up modem pools in various parts of the state for Virginia's Public Education Network (VA-PEN) and for the Virginia Library and Information Network (VLIN). VA-PEN is operated by the Virginia Department of Education and primarily serves K-12 educational sites. VLIN is operated by the Library of Virginia and provides services to libraries and librarians throughout the state. Attachment G, Dial-up Modem Services details the location, quantity, and technical specifications for the modem pools presently operated by VERnet. Firms are encouraged to submit proposals for assuming operational responsibility for these modem pools.

    New Dial-up Modem Services. VA-PEN and VLIN might be interested in expanding the size of the existing modem pools and may also be interested installing modem pools in new locations. Any such new services would operate under the same terms as for Section B above and new facilities would only be installed in locations with existing Internet connections where site personnel would be available to assist with problem diagnosis and resolution.

    Gateway Services. Several VERnet sites have expressed an interest in being able to use their Internet connection to gateway traffic from affiliated and other local organizations to the Internet. Positive policy statements from the Firm or a pricing schedule should be submitted by the Firm if the Firm will be able to offer this type of service to VERnet members.

    Attachment K

    Special Needs of Certain VERnet Member Sites

    Center for Innovative Technology and Software Productivity Consortium. The Virginia Center for Innovative Technology and the Software Productivity Consortium are related by mutual agreements and share the same building complex. These sites have different IP network numbers but, for the purposes of the Firm's response, should be treated as a single site.

    Old Dominion University. Old Dominion University has expressed an interest in obtaining higher speed Internet connectivity. The Firm must propose optional pricing for dual-T1 (3.0 Mbps) service at this location. The pricing should include the cost of the inverse multiplexor.

    University of Virginia. The University of Virginia has research partnership and various other ties and arrangements with local entities including, but not limited to, the local city and county school systems, the Jefferson Madison Regional Library, local city and county government offices, firms in the University's research parks, and some other locations as needed for special purposes. Although some of these locations operate with non-University IP network numbers, they are connected to the University's network and the University must be able to continue to supply Internet services to these affiliated networks. The University of Virginia presently has a dual-T1 connection to the Internet and is in the process of upgrading this connection to triple-T1. The Firm must propose triple-T1, quad-T1, and full T3 pricing for the University of Virginia.

    Virginia Commonwealth University. Virginia Commonwealth University has expressed an interest in obtaining higher speed Internet connectivity. The Firm must propose optional pricing for dual-T1 (3.0 Mbps) service at this location. The pricing should include the cost of the inverse multiplexor.

    Virginia Community College System. The Virginia Community College System operates its own state-wide IP-based network. The Community College network is gatewayed to the Internet by VERnet in Richmond via a 64 kbps line. The Community College System is planning to upgrade their connection to T1 and requires price quotes for both 56 kbps and T1 gateway service.

    Ferrum College. Ferrum College is interested in obtaining a T1 level of service. They desire a connection with a policy that will enable them to provide Internet services to their local school systems. Costs should be quoted for Ferrum both for a continuation of their existing service and for the type of T1 service they are interested in obtaining.

    Attachment L

    VERnet Membership Site List

    Bristol Public Library

    Bristol Public Library

    Goode Street

    Bristol, VA 24201-4199

    703-669-9444

    Brookville High School

    Campbell County Schools

    P.O. Box 99

    Rustburg, VA 24588

    804-528-1655

    Brookneil Elementary School

    Campbell County Schools

    P.O. Box 99

    Rustburg, VA 24588

    804-376-2042

    Buckmaster Publishing

    Buckmaster Publishing

    Rt. 4, Box 1630

    Mineral, VA 23117

    703-894-5777

    Continuous Electron Beam Accelerator Facility

    CEBAF

    12000 Jefferson Avenue

    Newport News, VA 23606

    804-249-7536

    Center for Innovative Technology

    Center for Innovative Technology

    CIT Building, Suite 600

    2214 Rock Hill Road

    Herndon, VA 22070

    703-689-3047

    Clinch Valley College

    Clinch Valley College

    Administration and Finance

    Clinch Valley College

    Wise, VA 24293

    703-328-0195

    Christopher Newport College

    Christopher Newport University

    50 Shoe Lane

    Newport News, VA 23606

    804-594-7183

    Central Virginia Governor's School

    Central Virginia Governor's School

    3020 Wards Ferry Road

    Lynchburg, VA 24502

    804-582-1104

    Cooper Center for Public Service

    700 East Franklin Street

    Richmond, VA

    804-371-0202

    Environmental Resources of Michigan

    ERIM

    1101 Wilson Blvd.

    Suite 1100

    Arlington, VA 22209-2403

    703-528-5250

    Eastern Virginia Medical School

    Academic Computer Center

    Eastern Virginia Medical School

    P.O. Box 1980

    Norfolk, VA 23501

    804-446-5772

    FBI Academy

    FBI Academy (UVa Cont. Ed.)

    FBI Academy

    Quantico, VA 22135

    703-640-1224

    Ferrum College

    Ferrum College

    Route 40

    Ferrum, VA 24088

    703-365-4386

    Fluvanna County Schools

    P. O. Box 419

    Palmyra, VA 22963

    (804) 589-8208

    George Mason University

    Communications Network Services

    George Mason University

    Fairfax, VA 22030

    703-993-3401

    Goochland County Schools

    Goochland School System Office

    2938 River Road West

    Goochland, VA 23063

    804-556-5316

    Hand Held Products

    Hand Held Products, Inc.

    12955 River Road

    Richmond, Va. 23233

    804-784-3090

    Hollins College

    Hollins College

    8142 E. Campus Drive

    Roanoke, VA 24020

    540-362-6292

    Institute for Textile Technology

    Institute of Textile Technology

    P.O. Box 391

    Charlottesville, VA 22902

    804-296-5511

    Jefferson Forest High School

    Jefferson Forest High School

    1 Cavalier Circle

    Forrest, VA 24551

    804-525-2674

    James Madison University

    Frye Building

    James Madison University

    Harrisonburg, VA 22807

    703-568-6896

    Lynchburg City Library

    Lynchburg Information Online Network (LION)

    2315 Memorial Avenue

    Lynchburg, VA 24595

    804-847-1577

    Longwood College

    Research and Information Systems

    Longwood College

    Farmville, VA 23901

    804-395-2034

    Lynchburg College

    Lynchburg College

    1501 Lakeside Drive

    Lynchburg, VA 24501

    804-544-0629

    Marymount University

    Marymount University

    2807 North Glebe Road

    Arlington, VA 22207-4299

    703-284-5950

    Math and Science Center

    Math and Science Center

    2401 Hartman Street

    Richmond, VA 23223

    804-343-6525

    Mary Baldwin College

    Frederick Street

    Staunton, VA 24401

    703-887-7150

    Martha Jefferson Hospital

    459 Locust Avenue

    Charlottesville, VA 22902

    804-982-7079

    Norfolk State University

    Norfolk State University

    2401 Corprew Ave

    Norfolk, VA 23504

    804-683-2533

    NVGC (Telstar - Fairfax)

    Northern Virginia Graduate Center

    2990 Telstar Court

    Falls Church, VA 22042

    703-698-6000

    Old Dominion University

    Associate Vice President

    Old Dominion University

    Norfolk, VA 23529-0227

    804-683-4638

    Piedmont Virginia Community College

    Piedmont Virginia Community College

    Route 6, Box 1

    Charlottesville, VA 22901

    804-977-3900

    Radford University

    Computer Services

    Radford University

    P.O. Box 6888

    Radford, VA 24142

    703-831-5173

    Richard Bland College

    Administrative Building

    Richard Bland College

    11301 Johnson Road

    Petersburg, VA 23805

    804-862-6274

    The Governor's School for Government and International Studies

    4100 W. Grace Street

    Richmond, VA 23230

    804-780-6155

    Randolph Macon College

    Randolph Macon College

    Corner of Railroad and College

    Ashland, VA 23005

    804-752-7263

    Randolph Macon Woman's College

    Randolph Macon Woman's College

    2500 Rivermont Avenue

    Lynchburg, VA 24503

    804-947-8103

    Roanoke Valley Governor's School

    2104 Grandin Rd

    Roanoke, VA 24015

    703-981-2116

    Roanoke College

    Roanoke College

    Academic Computing Center

    221 College Lane

    Salem, VA 24153

    703-375-2395

    Roanoke Graduate Center

    Roanoke Valley Graduate Center

    Virginia Tech/UVa

    117 Church Avenue, SW

    Roanoke, VA 24011-1905

    703-857-7584

    Sweet Briar College

    Computer Center

    Sweet Briar College

    Sweet Briar, VA 24595

    804-381-6301

    State Council for Higher Education

    State Council for Higher Education

    James Monroe Building

    101 North Fourteenth Street

    Richmond, VA 23219

    804-225-2643

    Software Productivity Consortium

    Software Productivity Consortium

    SPC Building

    2214 Rock Hill Road

    Herndon, VA 22070

    703-742-7267

    Saint Anne's Belfield School

    St. Anne's-Belfield School

    2132 Ivy Road

    Charlottesville, VA 22903

    804-296-5106

    Thomas Nelson Community College

    Thomas Nelson Community College

    Thomas Nelson Drive

    P.O. Box 9407

    Hampton VA 23670

    804-825-2905

    University of Richmond

    University Computing

    University of Richmond

    Richmond, VA 23173

    804-289-8779

    . Virginia Community College System

    Virginia Community College System

    James Monroe Building

    101 North Fourteenth Street

    Richmond, VA 23219

    804-225-2281

    Virginia Commonwealth University

    Virginia Commonwealth University

    Richmond Plaza Building, 4th Floor

    110 S. Seventh Street

    Richmond, VA 23284

    804-828-6450

    Virginia Department of Education

    Virginia Department of Education

    101 North Fourteenth Street

    Richmond, VA 23219

    804-225-2941

    Virginia Institute for Marine Science

    Virginia Institute for Marine Science

    Box 1346

    Gloucester Point, VA 23062

    804-642-7183

    University of Virginia

    Information Technology and Communication

    Carruthers Hall

    University of Virginia

    Charlottesville, VA 22903

    804-924-0616

    UVa Continuing Education Center (Abingdon)

    UVA Continuing Education

    Southwest Virginia Center

    P.O. Drawer 1987

    Highway 19 North

    Abingdon, VA 24210

    703-628-6327

    University of Virginia Continuing Education

    UVa Continuing Education Center (Hampton)

    418 Pembroke Four

    Virginia Beach, VA 23462

    (804) 552-1890

    UVa Continuing Education Center (Lynchburg)

    University of Virginia

    Division of Continuing Education

    P. O. Box 3199

    1 Quinlan Street

    Lynchburg, Va. 24503

    (804)947-6699

    UVa Continuing Education Center (Richmond)

    UVa Continuing Education Center

    Suite E

    7740 Shrader Road

    Richmond, VA 23226

    804-662-7464

    Virginia Military Institute

    Virginia Military Institute

    330 Nichols

    Lexington, VA 24450

    703-464-7341

    Virginia State Library

    Library Development Division

    Virginia State Library

    11th Street at Capitol Square

    Richmond, VA 23219-3491

    804-786-2320

    Virginia State University

    Box 9090

    Virginia State University

    Petersburg, VA 23803

    804-524-5303

    Virginia Tech

    Virginia Tech

    Information Systems Building, CRC

    1700 Pratt Drive

    Blacksburg, VA 24060

    703-231-6022

    Washington and Lee University

    Washington and Lee University

    Tucker Hall, Room 213

    Lexington, VA 24450

    540-463-8847

    Walker Elementary School

    1564 Dairy Road

    Charlottesville, VA

    804- 984-7024

    William and Mary

    Blow Memorial Hall

    College of William and Mary

    Williamsburg, VA 23185

    804-221-3005

    Lynchburg Family Practice Residency

    2097 Langhorne Road

    Lynchburg, VA 24501

    804-947-5200

    Danville Regional Medical Center

    142 South Main Street

    Danville, VA 24541

    804-799-2100

    Attachment M

    VERnet Dial-Up Site Location List

           Site Name         Phone Lines     Modem Cards      Modem Chassis        Term. Servers  
     Bristol Library               4         2                1, Older style       1 NB           
     University of                15         8                1                    1 NB           
    Virginia                                                                                      
     Clinch Valley College        10         5                1                    1 NB           
     George Mason                 31         16               1                    1 NB, 1 Cisco  
    University                                                                                    
     CEBAF                        17         9                1                    1 NB, 1 Cisco  
     James Madison                 9         5                1                    1 NB           
    University                                                                                    
     Lynchburg College            14         7                1                    1 NB           
     Old Dominion                 28         14               1                    1 NB, 1 Cisco  
    University                                                                                    
     Virgina State                 6         3                1                    1 NB           
    University                                                                                    
     Mary Baldwin College          6         3                1, Older style       1 NB           
     Virginia Tech.               10         5                1                    1 NB           
     VA Cowmmonwealth             18         9                1                    1 NB, 1 Cisco  
    Univ.                                                                                         
     Roanoke College              21         11               1                    1 NB, 1 Cisco  
     Spotsylvania                 14         7                1                    1 NB           
                                                                                                  
                                                                                                  
       Notes on modems and                                                                        
     associated rack mount                                                                        
                    units:                                                                        
      The modem cards used                                                                        
           are US Robotics                                                                        
       14.kbps dual analog                                                                        
                    units.                                                                        
       The modem racks are                                                                        
        USR WAN HUB units.                                                                        
     The older style noted                                                                        
             above are USR                                                                        
       Rackmount 32 units.                                                                        
                                                                                                  
         Notes on terminal                                                                        
                  servers:                                                                        
            The "NB" above                                                                        
       signifies a Telebit                                                                        
     Netblazer ST terminal                                                                        
                   server.                                                                        
         The "Cisco" above                                                                        
         signifies a Cisco                                                                        
     2511 terminal server.