CC SR 20190507 E - SouthBay Cities Council of GovernmentsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/07/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to receive and file an update on the South Bay Cities
Council of Governments’ proposed regional fiber-optic network for South Bay municipal
facilities
RECOMMENDED COUNCIL ACTION:
(1) Receive and file an update on the South Bay Cities Council of Governments’
proposed regional fiber-optic network for South Bay municipal facilities
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
Lukasz Buchwald, IT Manager
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. June 2018 Request for Proposals for the SMART-Net Intercity Network (page
A-1)
B. April 2019 letter in support of SBCCOG’s application for Measure M
Subregional funds for the SMART-Net Intercity Network (page B-1)
BACKGROUND AND DISCUSSION:
In June 2018, the South Bay Cities Council of Governments (SBCCOG) issued a
Request for Proposals (RFP) to seek a qualified fiber-optic network owner/operator to
build a regional, high-speed fiber-optic network for South Bay municipal facilities, with
future opportunities to connect area anchor institutions, businesses, and potentially
residents. Called the SMART-Net Intercity Network, the project stems from a May 2017
Fiber-Optic Master Plan developed by SBCCOG and the South Bay Workforce
Investment Board aiming to enable participating cities to embrace the digital economy,
“smart city” initiatives, integrated utilities and next-generation economic development.
In November 2018, the RFP for the SMART-Net project was awarded to American Dark
Fiber. After the vendor visited and evaluated all of the participating municipal sites
1
(Phase 1 of this project includes building the core SMART-Net ring, along with
connections to participating SBCCOG member City Halls and Data Centers), the cost of
construction to connect all of the sites was estimated to be $4.4 million. The Rancho
Palos Verdes City Hall building is the only site in our City.
SBCCOG identified Measure M Subregional Funds as a potential funding source and
submitted an application to the Los Angeles County Metropolitan Transportation
Authority (Metro) seeking authorization to use up to $4.4 million for the SMART-Net
project. Rancho Palos Verdes submitted a letter to the Metro Board of Directors in
support of the application, noting the City’s interest in using the fiber-optic network for
5G and 6G transportation and communications applications, communications
connections between transportation operations and emergency management centers,
“smart city” initiatives and electronic pedestrian safety infrastructure.
The Metro Board of Directors approved the funding request at its April 25, 2019,
meeting. The entire capital cost of the program will be covered by these funds and there
will be no city expense except for monthly charges. SBCCOG has begun planning the
next steps for the project, including finalizing monthly costs, and will keep the City
informed on the process.
2
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 1 of 26
Request for Proposals (RFP) for
SMART-Net Intercity Network
Prepared For:
South Bay Cities Council of Governments
Sponsored by Los Angeles County Supervisor Mark Ridley Thomas,
Second District, and the South Bay Workforce Investment Board, Inc.
Issued: June 13, 2018
Mandatory Pre-Proposal Meeting: Thursday, June 28, 2018, 1:30 PM PST
Final Questions Due: Monday, July 9, 2018, 5:00 PM PST
Proposal Deadline: Tuesday, September 4, 2018, 5:00 PM PST
Contact Information:
info@southbaycities.org
(310) 371-7222
A-1
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 2 of 26
Table of Contents
Part I: Introduction...................................................................................................................... 4
1.1 SBCCOG and SBWIB .......................................................................................................... 4
1.2 Objectives ......................................................................................................................... 5
1.3 Pre-Proposal Meeting ...................................................................................................... 6
1.4 Inquiries ............................................................................................................................ 6
1.5 Background ....................................................................................................................... 6
Part II: Scope of Work .................................................................................................................. 7
2.1 Introduction...................................................................................................................... 7
2.2 Narrative Description of Proposed SMART-Net Solution ................................................ 7
2.3 Design of Core SMART-Net Intercity Network ................................................................. 8
2.4 Implementation of Core SMART-Net Intercity Network .................................................. 9
2.5 Intra-City Transport .......................................................................................................... 9
2.6 SMART-Net Network Operations ................................................................................... 10
2.7 Enabling Public WiFi, Smart Cities and Small Cells ......................................................... 10
2.8 Additional Scope Considerations ................................................................................... 10
2.9 Proposer Rights to Offer Retail Broadband.................................................................... 11
2.10 Invoicing for SMART-Net Intercity Network Services .................................................... 11
2.11 Quarterly Reporting ....................................................................................................... 11
2.12 Service Cancellation at Building Site .............................................................................. 11
2.13 Service Level Agreement ................................................................................................ 12
2.14 Term of Agreement ........................................................................................................ 13
Part III. Proposer Pricing ............................................................................................................. 13
3.1 Pricing for SMART-Net.................................................................................................... 13
3.2 Pricing for Public WiFi and Enabling Smart Cities and Small Cells ................................. 14
3.3 Proposer Pricing Template Instructions ......................................................................... 14
3.4 SMART-Net Reporting and Administrative Fees ............................................................ 14
3.5 Referral Fee .................................................................................................................... 15
Part IV: Proposal Preparation and Submission Instructions ....................................................... 16
4.1 General Instructions ....................................................................................................... 16
4.2 Specific Proposal Instructions ........................................................................................ 18
Part V: Proposer Qualifications and Experience ........................................................................ 18
Part VI: Review and Evaluation of Proposals .............................................................................. 19
6.1 Proposal Evaluation ........................................................................................................ 19
A-2
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 3 of 26
6.2 Right of SBCCOG to Reject Proposals ............................................................................. 20
6.3 Award of Agreement ...................................................................................................... 20
6.4 Costs of Proposal Preparation ........................................................................................ 20
6.5 Notification of Withdrawal of Proposal ......................................................................... 21
Part VII: General Terms and Conditions ....................................................................................... 21
7.1 Public Record and Non-Disclosure Agreements ............................................................ 21
7.2 Written Agreement ........................................................................................................ 21
7.3 Conflict of Interest.......................................................................................................... 22
7.4 Insurance ........................................................................................................................ 22
7.5 Business Licenses ........................................................................................................... 22
7.6 Indemnification .............................................................................................................. 22
7.7 Termination for Convenience ........................................................................................ 23
7.8 Public Statements........................................................................................................... 23
7.9 Protests .......................................................................................................................... 23
Part VIII: Attachments ................................................................................................................... 26
8.1 Attachment A – SBCCOG SMART-Net Site Summary ..................................................... 26
8.2 Attachment B – SBCCOG Building Footprints, with Points of Entry ............................... 26
8.3 Attachment C – SBCCOG SMART-Net Proposer Pricing Template ................................. 26
8.4 Attachment D – SBCCOG Mutual Non-Disclosure Agreement ...................................... 26
8.5 Attachment E – SBCCOG Letters of Support for Fiber Optic Network ........................... 26
A-3
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 4 of 26
Part I: Introduction
1.1 SBCCOG and SBWIB
The South Bay Cities Council of Governments (hereafter “SBCCOG”) is a joint powers authority
government agency. Its mission is to provide a leadership forum for sixteen (16) South Bay
cities as well as the unincorporated areas of Los Angeles County, CA, to act collaboratively, and
to advocate for regional issues to strengthen economic development and improve
transportation and the environment. For the purposes of this proposal, the areas of the City
and County of Los Angeles are not included. (See map, below.)
The South Bay Workforce Investment Board, Inc. (hereafter “SBWIB”) provides policy guidance
to eleven (11) South Bay member local governments to support workforce development in the
region while creating opportunities for workers to prepare for well -paid careers.
A-4
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 5 of 26
1.2 Objectives
SBCCOG is soliciting proposals from qualified Proposers to form a public-private partnership
(hereafter “P3”) to achieve the following objectives:
1. Develop and implement a single, resilient, secure, intercity network connected by a
regional fiber-optic backbone, SMART-Net (hereafter “SMART-Net” or “the project”);
2. Connect with up to two (2) geographically diverse internet points of presence (PoPs);
3. Connect with and provide lit broadband services for:
a. City Halls of the 15 SBCCOG member cities, and their primary and secondary
data centers;
b. Government and community anchor buildings specified later in this request for
proposals (“RFP”);
4. Provide bandwidth speeds for SMART-Net entities of 1 Gbps, 2 Gbps, 10 Gbps, and 100
Gbps;
5. Provide a /27 public IPv4 subnet for SBCCOG use at each internet PoP;
6. Provide a /27 public IPv6 subnet for SBCCOG use at each internet PoP;
7. Provide ongoing operations and management for SMART-Net infrastructure and lit
services;
8. Later and at the request of member cities, provide future connections of traffic lights,
street lights, other poles, bus shelters, etc. via fiber to the SMART-Net backbone for
access to both data centers of SBCCOG member cities;
9. Permit the P3 to offer retail broadband services to commercial and not-for-profit
entities, other community anchor institutions, and residences within the boundaries of
the member cities.
a. Within the boundaries of any member city, P3 may request of either SBCCOG or
SBWIB an introduction or referral to any entity, on a case-by-case basis.
SBCCOG or SBWIB may choose to decline the request.
b. Retail services must be offered at bandwidth speeds of 1 Gbps, 2 Gbps, 10 Gbps,
and 100 Gbps.
For SBCCOG, the multiple goals of SMART-Net are to enhance economic development and
business retention; to offer wholesale broadband within South Bay cities to government
buildings and community anchors; to enable and support planning for public WiFi and Smart
City activities; and to provide a base for retail pricing to commercial and not-for-profit entities,
and to residences in the South Bay.
For the selected Proposer, who will be deemed the “Contractor” after satisfactory execution of
a valid contract with SBCCOG, the expected goal of SMART-Net is to obtain long-term
commitment for revenue streams tied to broadband offerings. There may be other goals.
This RFP describes the general rules for preparing and submitting proposals, along with
SBCCOG’s requirements for the project. Proposer shall submit a written proposal, which
presents the Proposer’s qualifications and specific needs, and include details outlined below in:
Section III. Qualification. The proposal should be prepared in a clear and concise manner,
A-5
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 6 of 26
should include proposed SMART-Net route, technical design with two pricing scenarios, and
should provide all the information that is considered pertinent to the project as outlined. Full
details on required proposal content are included in later sections.
SBCCOG reserves the right and sole discretion to reject all proposals based on its own cost-
benefit analysis and is not obligated to respond or negotiate partnerships with any Proposer.
Failure to comply with the requirements or to provide the requested information may result in
rejection of a proposal.
1.3 Pre-Proposal Meeting
A mandatory pre-proposal meeting is scheduled for Thursday, June 28, 2018 at 1:30 PM PST, at
the SBCCOG offices, Theatre Board Room, 20285 S Western Avenue, Torrance, CA 90501, Suite
#100.
1.4 Inquiries
No interpretations of the meaning of the specifications or other documents will be made to any
Proposer orally. If any Proposer has questions regarding the meaning of any part of this RFP, or
finds discrepancies in or omission from this RFP, the Proposer shall submit a written request
(electronic mail is sufficient) for an interpretation or clarification to the SBCCOG contact:
Aaron Baum
20285 S Western Avenue, #100
Torrance, CA 90501
aaron@southbaycities.org, 310.371.7222
To be given consideration, the questions must be received not later than Monday, July 9, 2018
at 5:00 PM. SBCCOG’s responses to questions will be included in an Addendum to this RFP, if
necessary, which will be issued and posted to the Bids & Proposals page on the SBCCOG
website:
http://www.southbaycities.org/opportunities/request -proposal-rfp/SMART-Net/
1.5 Background
SBCCOG seeks a qualified fiber-optic network owner / operator for implementing and operating
a regional fiber-optic network for South Bay area municipal facilities with future opportunities
to connect area anchor institutions, businesses, and possibly residents.
SBCCOG includes 16 municipalities spread across Los Angeles, CA, South Bay. It wishes to
coordinate and facilitate broadband connectivity for local government, Smart City, improved
quality of life, economic development, and workforce development. The SBWIB consists of fifty-
one (51) members who represent stakeholders in business, labor, education, economic
development and other community organizations.
A-6
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 7 of 26
In July 2016, SBCCOG and SBWIB partnered with Magellan Advisors to develop a Fiber Optic
Master Plan. This plan addressed growing concerns of several economic trends within the South
Bay area and concluded that the improvement of broadband availability and speeds through
the development of a multi-city middle-mile fiber-optic backbone is imperative to the economic
and quality-of-life interests of the members of SBCCOG and SBWIB. This advanced regional
technology network, South Bay SMART-Net, will provide connectivity throughout the region
through a public-private partnership.
The selected Partner will enable economic development and workforce development
capabilities by providing private lit connections through an intercity network, supporting the
fiber-optic needs of government agencies, community anchors, businesses and residents within
the South Bay area.
Part II: Scope of Work
2.1 Introduction
The planned South Bay SMART-Net will be a resilient, secure network connecting the city
facilities of SBCCOG members who choose to become a part of the network. While some city
members of SBCCOG have existing city-wide networks, the SMART-Net will allow for the
building of laterals to city facilities, community anchors, businesses and residences to complete
a robust, multi-city broadband infrastructure.
The intention is not to build a network from scratch but rather to leverage existing fiber assets
in the South Bay region and construct connections between city facilities and the SMART-Net
backbone to connect anchor institutions, and commercial and not-for-profit entities to the
internet PoPs. Prior to award, individual SBCCOG member cities may opt out of participation.
However, SMART-Net route design should plan for connections to all SMART -Net buildings
(listed in Attachments A and B) and must ensure a contiguous backbone ring regardless of the
number or location of participating member cities. Task orders for construction, as issued, will
explicitly define which buildings will be connected.
Once the SMART-Net inter-city network has been built and is operational, SBCCOG intends for
the selected Partner to operate and maintain the network for the life of the contract.
2.2 Narrative Description of Proposed SMART-Net Solution
Proposer shall provide a complete narrative of their proposed SMART -Net solution. The
narrative shall fully describe the SMART-Net architecture including the transport and access
technology, core / access equipment collocations in SBCCOG facilities; what network services
will be provided to buildings; how laterals will be provided to participating member cities;
customer premise equipment (CPE) and inside plant (ISP) requirements; methods for
provisioning service; proposed project schedule for completing backbone and connecting all
Phase 1 sites (as defined in Attachment A – SMART-Net Site Summary); target service levels;
A-7
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 8 of 26
summary of project management methodology; testing and quality assurance processes for
providing lit services, means of securing lit transport services, etc. This narrative shall not
exceed five (5) pages.
Supporting schematics are required including a logical network diagram, proposed fiber
backbone and laterals to SBCCOG facilities in KMZ files, and a PDF schematic of the proposed
fiber routes.
2.3 Design of Core SMART-Net Intercity Network
Proposer shall design proposed core SMART-Net route. Two attachments are provided for
SMART-Net network and route design:
• Attachment A – SMART-Net Site Summary, which includes all buildings to be connected
as identified by SBCCOG member cities, along with additional medical and health
entities, all covered under this RFP;
• Attachment B – SMART-Net Building Footprints, for all Phase 1 and Phase 2 sites,
denoting preferred points of entry into buildings.
SMART-Net fiber routes will be designed by Proposer, considering planned connections to all
Core SMART-Net buildings as outlined:
• Phase 1 (required) - Core SMART-Net buildings are listed in Attachment A – under
“SBCCOG Member City Halls” and “SBCCOG Member Data Centers”;
• Phase 1 (required) - Two internet PoPs (required) – suggested sites include:
o Los Angeles, CA - One Wilshire Blvd (required);
o El Segundo, CA – 1920 Maple Avenue (Equinix) (Proposer may suggest
alternative second diverse PoP);
• Phase 2 (Expected) - SBCCOG Member Add’l Buildings – These sites are listed in
Attachments A, under “SBCCOG Member Add’l Buildings”, and are expected to be
connected as Phase 2 of implementation;
• Point of entry into each building listed in Attachment A is schematically denoted in
Attachment B.
SMART-Net routes will be submitted via KMZ file, denoting and distinguishing by class:
• Existing fiber routes – using existing fiber owned or controlled by Proposer;
• New fiber routes – covering inter-connection to create a resilient, secure backbone ring,
and requiring new fiber installation, or leasing of fiber from third-parties;
• Both internet PoPs;
• Phase 1 SMART-Net sites (SBCCOG Member City Halls, Data Centers);
• Phase 2 SMART-Net sites (SBCCOG Member Add’l Buildings);
• Proposed lateral connections to all Phase 1 and Phase 2 sites.
Pre-existing fiber assets within the South Bay area will be considered in the scope of
construction of the intercity network. Although there are gaps within the existing networks
A-8
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 9 of 26
which will need to be built out to complete the resilient structure, much of the construction will
consist of connecting existing city networks to the larger intercity network.
SBCCOG make no offer of use of any municipally-owned fiber or conduit with this RFP.
Consequently, no maps of existing fiber or conduit are provided. Proposer may seek conduit
access and/or dark fiber leasing agreements with owners of those assets , including but not
limited to the Los Angeles Department of Water and Power (DWP), and others. SBCCOG
encourages Proposers to do so.
2.4 Implementation of Core SMART-Net Intercity Network
Phase 1 includes core SMART-Net ring, along with connections to participating SBCCOG
member City Halls and Data Centers. Phase 1 implementation will be managed by SBCCOG,
with approval from participating cities. After award, a final schedule will be agreed between
Proposer and SBCCOG. Task order for Phase 1 will be issued by SBCCOG on behalf of all SBCCOG
members.
Member cities who choose to participate in SMART-Net as part of Phase 1 implementation will
be deemed “Early Adopters”. Financial advantages accrue to Early Adopters, as they will earn a
discounted monthly recurring cost (MRC) for services in the first year of operation at each
building. The one-year discount will commence on the date broadband lit services are provided
at any building in the Early Adopter jurisdiction, independent of when services are provided. (As
an example, City X elects to participate during Phase 1. It has three buildings to be connected,
two on month one, day one of SMART-Net, and a third which will require lateral connection,
and to which services will be provided starting on month seven, day one. The first two buildings
will receive discounted services for one year, starting day one; full MRC begins in month 13. For
the third building, discount begins on day one of service (month seven of SMART -Net
operation) and continues for one year; full MRC at that building begins in month nineteen, after
the one-year anniversary date of service. (The list of buildings to be connected for each
member city shall be defined prior to issuance of the task order for Phase 1.)
Phase 2 includes each SBCCOG member additional buildings. Task orders for Phase 2 buildings
will be issued by SBCCOG member cities directly to Contractor, with copies to SBCCOG. Phase 2
schedules will be agreed between Proposer and each SBCCOG member. Day-to-day installation
activities will be coordinated directly between Proposer and SBCCOG member.
2.5 Intra-City Transport
Each SBCCOG member city may individually elect to route its government traffic within its
virtual city network, from each government building to its primary and/or secondary data
centers, where the city will manage internet access from data centers using its own firewalls,
etc. This election will be made prior to Phase 1 for each member city.
A-9
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 10 of 26
Proposer shall be required to offer intracity transport connectivity at similar speeds as are
offered for internet connectivity. Proposer shall specify whether it is recommending layer 2
transport, layer 3 transport, or both, with choice by individual member city.
2.6 SMART-Net Network Operations
Proposer shall be required to operate, maintain and provide support for SMART-Net. This
includes all enrolled SBCCOG member (at Phase 1 and Phase 2) sites.
Proposer shall provide 24x7 availability. Proposer shall be permitted one scheduled off-peak
(12:01 AM – 6 AM local time) quarterly maintenance outage not to exceed four (4) hours in
duration with two (2) weeks’ prior written notice. Unanticipated outages due to emergencies
shall be followed with a post mortem report delivered to SBCCOG not more than five (5)
business days after the outage has occurred.
Proposer shall provide a network operations center (NOC), to be available 24x7. Incident tickets
may be created and submitted to Contractor via phone or email.
Quarterly reports of outages, both planned and unplanned, shall be provide d to each member
city, for services provided to each building in its jurisdiction, and to SBCCOG, in aggregate, for
all services covered under this contract. Contact information at each member city and for
SBCCOG will be defined as an attachment to the awarded contract.
2.7 Enabling Public WiFi, Smart Cities and Small Cells
After Phase 1 SMART-Net is operational, Proposer shall offer the ability for individual SBCCOG
members to request enabling poles or external building points for public, external WiFi access
points, and/or 5G small cell and other internet protocol-enabled (IP) connections to support
Smart City applications. Enabling external WiFi access points and small cells will require
identification of pole sites (traffic signals, street lights, bus shelters, other building
appurtenances, etc.) by SBCCOG members; those connection points will require SBCCOG
member to specify latitude and longitude, and optionally, elevation (if required). Day-to-day
installation activities will be coordinated directly between Proposer and SBCCOG member.
2.8 Additional Scope Considerations
SMART-Net will be required to support secure, encrypted transmission of personal health
information (PHI), as defined in the Health Information Portability and Accountability Act of
1996 (HIPAA).
SMART-Net operations will not be provided to Schools in any jurisdiction during initial
implementation. In later phases, connections to schools may be considered at same rate
structure as other government buildings; later implementation may also be subject to E-Rate
funding and reimbursement considerations.
SMART-Net operations will not be required to conform with Criminal Justice Information
Services (CJIS) requirements for public safety networks.
A-10
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 11 of 26
2.9 Proposer Rights to Offer Retail Broadband
After Phase 1 SMART-Net is operational, Proposer shall have the ability to offer retail
broadband to any entity within the SMART-Net service area. This includes commercial entities,
community anchors (libraries, recreation and parks sites, senior centers, health facilities, public
open spaces, etc.), other not-for-profits, and residential buildings (multi-tenant or single
family). SBCCOG and/or SBWIB will provide introductions to local entities on a case-by-case
basis, if requested by the Contractor.
SBCCOG shall encourage the efforts of the P3 Contractor to offer retail broadband services to
commercial and not-for-profit entities, other community anchor institutions, and residences
within the boundaries of the members. Contractor must offer retail services at bandwidth
speeds of 1 Gbps, 2 Gbps, 10 Gbps, and 100 Gbps. SBCCOG encourages offering of symmetrical
broadband speeds.
Contractor shall be responsible for any permits, licenses, fees, scheduling, according to the
then-current regulations of the respective SBCCOG member cities in which work is being
performed and/or building is located.
2.10 Invoicing for SMART-Net Intercity Network Services
Invoicing shall begin once lit services are provided to any SMART-Net building (City Halls, Data
Centers, Phase 2 Add’l Buildings). This includes any one-time, non-recurring costs (NRC) and any
MRC, invoiced regularly. Invoices shall be delivered to each member City. Payments are payable
by members directly to Contractor, on standard payment terms defined by Proposer.
Copies of all invoices shall also always be provided to SBCCOG at the following email address:
brooke@southbaycities.org
2.11 Quarterly Reporting
Once SMART-Net is operational, at the end of each quarter, Contractor shall provide to SBCCOG
a summary of services provided, arranged by SBCCOG member, by building, along with invoiced
payment amounts.
SBCCOG reserves the right to perform an audit of offered services to SBCCOG members (Phase
1 and Phase 2 sites) with Contractor at a frequency not greater than once every two (2) years,
beginning with the first day of the quarter following the contract award date.
2.12 Service Cancellation at Building Site
After twelve (12) months of lit service at a specific building address, a member may choose to
terminate its service at that location by providing ninety (90) days’ written notice to the
Contractor. There shall be no early termination fees.
A-11
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 12 of 26
2.13 Service Level Agreement
SBCCOG seeks Service Level Agreement (SLA) between the Contractor and each of the member
cities. The SLA applies separately to each member city.
Service Level Definitions
a. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of
minutes during the month in which internet access to any of the buildings in the
member city jurisdiction is unavailable. Monthly Uptime Percentage measurements
exclude scheduled planned downtime for which prior notice has been timely given.
b. “Unavailable” means when internet access is not active, for any reason.
c. “Service Credit” is a dollar credit, calculated as set forth below, that Contractor will
credit back to a member city account in the month following the credit being earned.
Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total MRC charges charged to the member
city (excluding one-time NRC payments) affected for the monthly billing cycle in which the
unavailability occurred in accordance with the schedule below.
Monthly Uptime Percentage Service Credit Percentage
Less than 99.99% but equal to or greater than 99.0% 10%
Less than 99.0% but equal to or greater than 97.0% 30%
Less than 97.0% but equal to or greater than 95.0% 50%
Less than 95.0% 100%
(full credit)
Contractor will apply any Service Credits due the member city against future monthly billings in
the quarter following the cycle in which the unavailability occurred, as noted in the quarterly
reports supplied to member city, as provided by Contractor. Service credits will not be paid in
cash, nor will they be owed if the service credit in a monthly billing cycle is less than one dollar
($1 USD).
Credit Request and Payment Procedures
To receive a Service Credit, SBCCOG member city will submit a claim to Contractor’s Help Desk
ticketing system based on monthly availability reports at the specific building. To be eligible, the
credit request will be received by Contractor by the end of the second billing cycle after which
the incident occurred and will include:
d. The words “SBCCOG SLA Credit Request (Member City) (Building Address)” as the
subject;
A-12
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 13 of 26
e. The dates and times of each Unavailability incident that member city is claiming;
f. Request logs that document the errors and corroborate the claimed outage.
2.14 Term of Agreement
At SBCCOG’s discretion in consultation with the participating SBCCOG agencies, the term of the
contract shall be either of:
• Three-Year Term – with four (4x) 3-year renewals, at SBCCOG sole option;
• Five-Year Term – with two (2x) 5-year renewals, at SBCCOG sole option;
• Fifteen-Year Term – with no renewals.
Proposers are required to submit pricing proposals on all three (3) possible contract terms.
The term of the written agreement shall commence on the date last signed b y the successful
Proposer and SBCCOG and shall continue in accordance with the agreed-upon project timeline
described in the written agreement.
Part III. Proposer Pricing
Proposer shall complete SMART-Net Proposer Pricing Template (Attachment C) in its entirety.
3.1 Pricing for SMART-Net
1. Proposer shall offer SMART-Net pricing in two scenarios:
• NRC Plus MRC (Scenario A) – Pricing includes:
o One-time Non-Recurring Costs (NRC) for initial implementation – NRC may
include one-time charges for PoP connection; any additional new fiber; lateral
connections to Phase 1 and Phase 2 buildings; electronics required to light fiber),
inside plant cabling (ISP, from point of entry to rack space closet; etc.).
o Monthly Recurring Costs (MRC) – once installed, monthly lit services charges to
Phase 1, Phase 2 buildings.
• MRC-Only (Scenario B) – Once installed, monthly recurring for lit services charges to
Phase 1, Phase 2 buildings.
2. Proposer shall offer SMART-Net pricing for both internet access and for intra- and inter-city
transport, at all requested bandwidth speeds.
3. For each of the two pricing scenarios, and for internet and intra- and inter-city transport,
Proposer shall offer pricing for all services at three possible contract terms:
• Three-Year Term – with four (4x) 3-year renewals, at SBCCOG sole option;
• Five-Year Term – with two (2x) 5-year renewals, at SBCCOG sole option;
• Fifteen-Year Term – with no renewals.
A-13
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 14 of 26
4. Proposer shall offer pricing for lit services for Phase 1 and Phase 2 buildings at bandwidth
speeds of 1 Gbps, 2 Gbps, 10 Gbps, and 100 Gbps.
5. Proposer shall offer “Early Adopter” Discount Pricing - Member cities (and other
participating entities listed in Attachment A) which choose to participate in SMART-Net as part
of initial implementation, whether Phase 1 or Phase 2, will be deemed “Early Adopters”. Early
Adopters are entitled to a discounted MRC for services in the first year of operation at each
building. The one-year discount will commence on the date broadband lit services are provided
at any government building in its jurisdiction, independent of when services are provided. (See
“Implementation of Core SMART-Net Intercity Network”.) Proposer shall offer incentive
discounts for first year of operation, measured as a percentage discount to standard MRC at
any building to which lit services are provided.
6. Proposer shall offer pricing for public IPv4 addresses and public IPv6 addresses.
3.2 Pricing for Public WiFi and Enabling Smart Cities and Small Cells
Proposer shall offer pricing for enabling public WiFi, and enabling Smart Cities and Small Cells,
in two scenarios:
• NRC Plus MRC (Scenario A) – NRC includes one-time connection charges of fiber to core
SMART-Net and back to requesting SBCCOG member data centers, plus any limited
recurring charges.
• MRC-Only (Scenario B) – monthly recurring costs only.
Retail Broadband
SBCCOG shall encourage the efforts of the P3 Contractor to offer retail broadband services to
commercial and not-for-profit entities, other community anchor institutions, and residences
within the boundaries of the members Contractor must offer retail services at bandwidth
speeds of 1 Gbps, 2 Gbps, 10 Gbps, and 100 Gbps. SBCCOG encourages offering of symmetrical
broadband speeds.
3.3 Proposer Pricing Template Instructions
Proposer shall complete the Excel spreadsheet (Attachment C – Proposer Pricing Template),
which will serve as a basis for comparing and evaluating pricing and costs.
3.4 SMART-Net Reporting and Administrative Fees
Monthly after contract execution, Contractor shall provide supporting reports of gross revenues
to SBCCOG, sorted by SMART-Net member and by addresses of each Phase 1 and Phase 2
buildings. The report should indicate building address, bandwidth provided and monthly and
fiscal year-to-date revenues. Contractor shall also provide supporting reports of gross revenues,
for each member city, indicating building address, bandwidth provided and monthly and fiscal
year-to-date revenues. Contact information at each member city and for SBCCOG will be
defined as an attachment to the awarded contract.
A-14
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 15 of 26
Monthly, on a 60-day lag from invoicing period, Contractor shall remit to SBCCOG a Member
Administrative Fee (MAF) of 2.00% of gross revenues for lit Phase 1 and Phase 2 sites.
For Public WiFi and Smart City pole connections, Contractor shall provide supporting reports
monthly of counts and locations of connected poles / shelters / etc., sorted by SBCCOG
member. On a 60-day lag from invoicing period, Contractor shall remit to SBCCOG a Pole
Administrative Fee (PAF) of 2.00% of gross revenues.
3.5 Referral Fee
Contractor may ask SBCCOG or SBWIB to introduce or otherwise provide a referral in support of
Contractor seeking to provide retail broadband services to a commercial or not -for-profit
business, or other community anchor institutions, or residences, as outlined in “Proposer Rights
to Offer Retail Broadband”. SBCCOG or SBWIB may choose to decline the request. In the event
an introduction or referral is made, and a sale for services is completed, the referring entity
(either SBCCOG or SBWIB) shall earn a one-time Referral Fee of 1.5% of anticipated first year
billings, payable 60 days after initial service is provided to the third party.
A-15
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 16 of 26
Part IV: Proposal Preparation and Submission Instructions
4.1 General Instructions
a. To be considered for selection, Proposer must submit a complete proposal response to
this RFP by the deadline. Identical proposals must be submitted both electronically and
in hardcopy.
b. Proposals shall be submitted electronically:
1. Via email to: info@southbaycities.org
2. The cumulative size of the email, the proposal and all attachments must not
exceed 24 MB.
3. Completed Proposer Pricing Template attachment must be in .xlsx format.
c. Proposal shall also be submitted in hardcopy.
1. Five (5) complete, printed sets of proposals, including attachments, shall be
submitted.
2. Proposals shall be marked and submitted in sealed envelopes properly
addressed:
South Bay Cities Council of Governments
Attn: Fiber Optic Network RFP
20285 S. Western Avenue
Torrance, CA 90501
3. Proposals shall cite the Proposer’s name, address and primary contact
information.
d. No other distribution of the proposal shall be made by the Proposer.
e. All information requested should be submitted. Failure to submit all information
requested may result in SBCCOG requiring prompt submission of missing information
and/or giving a lowered evaluation of the proposal. Proposals which are substantially
incomplete, or which lack key information may be rejected by SBCCOG.
f. Proposals shall be signed by an authorized representative of the Proposer. Proposals
must give the full business address of the Proposer and be signed by him/her with
his/her usual signature. Proposals by partnerships must furnish the full name of all
partners and must be signed in the partnership name by one of the members of the
partnership or any authorized representative, followed by the designation of the person
signing. Proposals by corporations must be signed with the legal name of the
corporation followed by the name of the State in which it is incorporated and by the
signature and designation of the president, vice president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed
or printed below the signature. A proposal by a person who affixes to the signature the
word “President”, “Vice President”, “Secretary”, “Agent” or other designation without
disclosing the principal, may be held to be the proposal of the individual signing. When
A-16
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 17 of 26
requested by SBCCOG, satisfactory evidence of the authority of the officer signing on
behalf of the corporation shall be furnished.
g. Proposals should be prepared simply and economically, providing a straightforward,
concise description of capabilities to satisfy the requirements of the RFP. Emphasis
should be placed on completeness and clarity of content.
h. Proposals should be organized in the order in which the requirements are presented in
the RFP. All pages of the proposal should be numbered. The proposal should contain a
table of contents, which cross-references the RFP requirements. Information which the
Proposer desires to present that does not fall within any of the requirements of the RFP
should be attached at the end of the proposal and designated as additional material.
i. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality
of requirements. "Must" and "shall" identify requirements whose absence will have a
major negative impact on the suitability of the proposed solution. Items labeled as
"should" or “may” are highly desirable, although their absence will not have a large
impact. Depending on the overall response to the RFP, some individual "must" and
"shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all,
"must" and "shall" requirements. The inability of a Proposer to satisfy a "must" or
"shall" requirement does not automatically remove that Proposer from consideration;
however, it may adversely affect the overall rating of the proposal.
j. Ownership of all data, materials, and documentation originated and prepared for SBCCOG
pursuant to the RFP shall belong exclusively to SBCCOG and may be subject to public inspection.
Trade secrets or proprietary information submitted by a Proposer shall not be subject to public
disclosure if so noted at the time the data or other material is submitted. The written notice
must specifically identify the data or materials to be protected and state the reasons why
protection is necessary. The proprietary or trade secret material submitted must be identified
by some distinct method such as highlighting or underlining and must indicate only the specific
words, figures, or paragraphs that constitute trade secret or proprietary information. The
classification of an entire proposal document, line item prices, and/or total proposal prices as
proprietary or trade secrets is not acceptable and may result in rejection of the proposal. All
proposals must be received at the proper location listed in this RFP and by the deadline time
(local time prevailing). Any proposals received after the announced time and date for submittal,
whether by mail or otherwise, will be rejected. The time of receipt shall be determined solely by
SBCCOG. SBCCOG is not responsible for any delay in delivery by USPS, UPS, FedEx or other
delivery services. It is the responsibility of the Proposer to see that proposals are received on
time and in the proper location.
k. Oral Presentation: A Proposer who submits a proposal in response to this RFP may be required
to give an oral presentation of their proposal to SBCCOG. This provides an opportunity for the
Proposer to clarify or elaborate on the proposal. This is a fact finding and explanation session
only and does not include negotiation. SBCCOG will schedule the time and location of these
presentations.
A-17
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 18 of 26
l. Proposer shall be fully responsible for all costs incurred in the development and submission of
the proposal. It is the responsibility of the Proposer to ensure that their proposals reach the
appropriate office prior to the closing time on the proposal.
4.2 Specific Proposal Instructions
Proposals shall be submitted both electronically (via email) and in sealed envelopes or
packages, as earlier described. Complete proposals shall contain the proposal, proposed
SMART-Net network routes, fully completed pricing template, and supporting documents.
Proposer must include copies of all required documents, executed as directed.
Proposer is required to submit the following items to be deemed a complete proposal.
a. Statement of Qualifications and Experience
b. Narrative Description of Proposer’s SMART-Net solution.
c. Completed Proposer Pricing Template (electronically as .xlsx file).
d. Proposed Implementation Schedule – including completion of backbone, constructing
lateral connections to all Phase 1 sites, and providing lit services for all Phase 1 sites.
e. All documents specified in Part VII: General Terms and Conditions.
Part V: Proposer Qualifications and Experience
The successful Proposer shall be one who provides a clear and logical solution. The Proposer
should be able to demonstrate the ability to most effectively meet or exceed the requirements
set forth in this RFP. The Proposer must also demonstrate in the submitted proposal the
qualifications of their company and that they have sufficient resources available to successfully
complete the project and meet contractual obligations of the lease agreement.
g. Identify the full legal name, address, and Employer Identification Number (EIN) of the
Proposer. Specify the legal structure of the firm making the proposal. Identify the
organizational structure for the project, the management approach, and how each
participant and major subcontractor in the structure fit into the overall team.
h. Specify the name, title, address, phone number, fax number and email address of the
individual who will serve as the point of contact for the Proposer.
i. Describe the experience of the firm or consortium of firms making the proposal and the
key principals involved in the proposed project, including experience with design and
construction of government and public safety facility projects of comparable size and
complexity. Describe the length of time in business, business experience, public sector
experience, and other engagements of the firm or consortium of firms. Include the
identity of any firms that will provide design, construction and completion guarantees
and warranties, and a description of such guarantees and warranties. Provide resumes
of the key individuals who will be involved in the project. Provide a list of past projects
that have been completed by the same team proposed for this project.
A-18
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 19 of 26
j. For major subcontractor (at minimum the general contractor, architect, civil, structural,
mechanical, and electronical engineers) that will be utilized in the Project, provide a list
of the firm’s prior projects and clients for the past three (3) years and contact
information for the same (name, address, telephone number, email address). If a firm
has worked on more than ten (10) projects during this period, it may limit its prior
project list to ten (10) but shall first include all projects similar in scope and size to the
project and, second, it shall include as many of its most recent projects as possible.
k. Provide a current or most recently audited financial statement of the firm or firms and
each partner with an equity interest of five percent (5%) or greater.
l. Identify any persons known to the Proposer who would be obligated to disqualify
themselves from participation in any transaction arising from or in connection to the
project.
Part VI: Review and Evaluation of Proposals
6.1 Proposal Evaluation
As proposals are received, SBCCOG, SBWIB, and member cities shall review and evaluate
proposals for responsiveness to the RFP. SBCCOG may also investigate qualifications of any
Proposers, and SBCCOG may request clarifications of proposals directly from any Proposers.
An interview of Proposers may be scheduled to facilitate evaluation of each proposal. Proposals
with advantageous financial impact for SBCCOG will not necessarily be selected on that basis
alone; SBCCOG will select proposals that are most advantageous to SBCCOG member cities.
Proposals will be evaluated on the following criteria:
Financial
Impact
Proposer’s detailed cost estimates are reasonable and outline a
feasible plan that can be achieved in a reasonable timeframe. There
should be positive financial impact on the revenue streams (e.g.
reduced costs) of SBCCOG member cities, through lower rates for
enhanced services that exceed those received today.
References
At least three (3) recent references from customers which are capable
of documenting: (a) Proposer’s ability to manage contracts which
provide similar services and interconnections; (b) quality and breadth
of services offered by Proposer.
Economic
Development
Stimulus
Proposal’s potential impact on improving the competitive
environment in the South Bay region, and indirectly attracting and
retaining businesses, increasing employment, improving wages, and
generally raising the profile of the region as a destination for
economic activity.
A-19
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 20 of 26
Private
Investment
Capacity to secure private investment as part of the proposal, as well
as its ability to establish a model to attract additional private
investment in the future, whether by Proposer or external entities.
Qualifications
Including legal status, financial stability, education, certifications,
experience and past performance of the Proposer and its agents,
employees and sub-consultants/contractors.
Public Benefit
Proposal clearly outlines, defines, and describes the public benefit to
all residents of the South Bay Cities that will improve safety,
efficiency, or quality of life.
Technological
Advancement
Proposed Smart City equipment and applications demonstrates a
clear improvement over existing equipment and technology, enabling
expanded use of Smart City applications and data and placing the
South Bay at the forefront of utilizing technology to create a more
efficient, safer, and convenient urban environment.
6.2 Right of SBCCOG to Reject Proposals
SBCCOG reserves the right to reject any or all proposals at its sole discretion, or to waive any
minor defects or irregularities in any proposal or in the proposal process, or to solicit new
proposals on the same project or on a modified project which may include portions of the
original proposed project as in the best interest of the South Bay Cities Council of Governments
member cities.
6.3 Award of Agreement
SBCCOG reserves the right to negotiate the terms of the Agreement for this project with one or
multiple Proposers. Upon completion of the review/evaluation, SBCCOG shall notify those
Proposers who will be considered for further evaluation and negotiation. All Proposers so
notified shall negotiate in good faith in accordance with direction from SBCCOG.
If SBCCOG determines, after further evaluation and negotiation, to award the Agreement, a
Written Service Agreement shall be sent to the successful Proposer for the Proposer’s
signature. No proposal shall be binding upon SBCCOG until the Agreement is signed by duly
authorized representatives of the selected Proposer and SBCCOG.
The selected Proposer shall be deemed the “Contractor” upon award and satisfactory contract
execution.
6.4 Costs of Proposal Preparation
SBCCOG will not pay costs incurred by the Proposer in the proposal preparation, printing or
negotiation process. All such costs shall be borne by the Proposer.
A-20
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 21 of 26
6.5 Notification of Withdrawal of Proposal
Proposals may be modified or withdrawn at any time prior to the date and time specified for
proposal submission by an authorized representative of the proposal and by formal written
notice. Proposals submitted will become the property of SBCCOG after the proposal submission
deadline.
There is no assurance that a contract will be awarded to any Proposer. SBCCOG reserves the
right to withdraw this RFP at any time.
Part VII: General Terms and Conditions
7.1 Public Record and Non-Disclosure Agreements
Each Proposer is hereby informed that, upon submittal of its proposal to SBCCOG in accordance
with this RFP, the proposal is the property of SBCCOG.
m. Unless otherwise compelled by a court order, SBCCOG will not disclose any proposal
while SBCCOG conducts its deliberative process in accordance with the procedures
identified in this RFP. However, after SBCCOG either awards an agreement to a
successful Proposer, or SBCCOG rejects all proposals, SBCCOG shall consider each
proposal subject to the public disclosure requirements of the California Public Records
Act (California Government Code Sections 6250, et seq.,) unless there is a legal
exception to public disclosure.
n. If a Proposer believes any portion of its proposal is subject to a legal exception to public
disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal
“Confidential”; (2) upon request from SBCCOG, identify the legal basis for exception
from disclosure under the Public Records Act; and (3) the Proposer shall defend,
indemnify, and hold harmless the SBCCOG regarding any claim by any third party for the
public disclosure of the “Confidential” portion of the proposal.
o. Proposer shall submit a fully-executed Mutual Non-Disclosure Agreement (NDA)
(Attachment D) without modifications.
p. Proposer and any agents, sub-consultants or subcontractors, agree to indefinitely hold
confidential any sensitive information provided by the City during the proposal process
such as required for a complete and accurate proposal, including maps and other data
related to the City’s existing fiber network that provides communications and data links
for existing City public safety services.
7.2 Written Agreement
The selected Proposer will be required to enter into a written contract agreement with SBCCOG
under which the Proposer and SBCCOG and its members will undertake the obligations
described in this RFP. The written agreement shall be in the form of SBCCOG’s standard
A-21
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 22 of 26
contract and shall not be modified except as it pertains to the scope of services in the written
agreement.
This RFP, any issued addenda, and the proposal response for the Contractor shall be
incorporated by reference into the final contract.
7.3 Conflict of Interest
Proposers should disclose any past, ongoing or potential conflicts of interest which the
Proposer may have in performing the work described in this RFP.
7.4 Insurance
The Proposer shall obtain, at its own expense and from an admitted insurer authorized to
operate in California, the insurance coverage detailed in SBCCOG’s standard Consultant and
Professional Services Agreement (Attachment D). A current copy of an insurance certificate, or
a letter of intent to provide insurance from the issuing company (including a description of
types of coverage and dollar amount limits) shall be submitted with the RFP.
The successful Proposer shall submit a Certificate of Insurance (with endorsements) that names
the South Bay Cities Council of Government (SBCCOG) as additional insured concurrently with
the execution of the written agreement and prior to the commencement of any services.
7.5 Business Licenses
The successful Proposer must either possess current, valid business licenses in Los Angeles
County, CA, and in the jurisdiction requesting service; or must have submitted a business
license application(s) and fee at the time of agreement award.
7.6 Indemnification
Contractor will, at its expense, defend any claims brought against SBCCOG, its directors, officers
or agents, and each of its member cities (collectively, “Indemnitees”) from:
q. Any claim that, if true, would constitute a breach of the Agreement by Contractor;
r. Any claim related to injury to or death of any person (e.g., worker claims) or damage to
any property arising out of or related to performance of any work;
s. Any claim that otherwise arises from the acts or failures to act of Contractor or its
agents;
t. Any claim related to its rights to offer, and its consequent obligations to deliver, retail
high-speed lit broadband services to commercial and not-for-profit entities, other
community anchor institutions, or residences, as outlined in “Proposer Rights to Offer
Retail Broadband”.
Contractor will indemnify and hold harmless the Indemnitees from any costs, damages, and
fees (e.g., attorney fees, the fees of other entities or professionals, actual damages, liquidated
A-22
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 23 of 26
damages, consequential damages, etc.) reasonably incurred by any of them that are
attributable to any such claim.
7.7 Termination for Convenience
SBCCOG shall have the right in its absolute discretion to terminate this Agreement for
convenience, in whole or in part, at any time and for any or for no reason, without incurring any
liability, upon no less than thirty (30) days’ prior written notice to Contractor. If SBCCOG
terminates this Agreement for its convenience, then Contractor sh all have no other right to
compensation or payment except for actual services rendered. Upon receipt of the notice,
Contractor immediately shall stop performing new services under this Agreement on the date
and to the extent specified in the notice but sha ll complete performance of any services not
terminated by the notice and shall take any other action directed in the notice.
7.8 Public Statements
Contractor shall not use or reference the Name or Emblem of the SBCCOG in issuing and press
releases or otherwise making any public statement with respect to this Contract without the
express prior written consent of SBCCOG.
Contractor shall not use or reference the Name or Emblem of the SBWIB in issuing and press
releases or otherwise making any public statement with respect to this Contract without the
express prior written consent of SBWIB.
7.9 Protests
A protest may be filed against this request for proposal notice under the following procedure.
Grounds for Protest
Grounds for proposal protests shall be limited to computation errors, or violations of local,
state, or federal law related to services offered by the Proposer.
Standing to Protest
Any person or entity that submitted a proposal may file a protest under thi s procedure. An
individual or entity may not file a protest on behalf of an individual or entity that the protestor
is not directly affiliated with. An interested trade association or industry group may file a
protest under this procedure provided that the trade association or industry group identifies in
its protest the basis of its interest in this notice inviting proposals.
Grounds for Protest
Grounds for protests shall be limited to computation errors, or violations of local, state, or
federal law relating to the determination of the most responsible proposer.
Content of Protest
Protests must be submitted in writing. Oral, facsimile, and e-mail protests will be rejected.
Protests must be complete at the time of submittal and may not be supplemented aft er
A-23
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 24 of 26
submittal. Protests must identify this request for proposal by name and number. Protests must
identify the grounds for the protest and must state all factual and legal grounds for the protest.
An individual or entity may not submit more than one protest. Protests must include copies of
all documents forming the basis for the protest. Protests must be signed by the person
submitting the protest.
Filing Protest
Protests must be filed at the offices of the South Bay Cities Council of Governments (SBCCOG),
20285 S Western Avenue #100, Torrance, CA 90501.
Time for Protest
Protests of this request for proposals process, specifications, or terms and conditions of the
solicitation must be submitted to SBCCOG by 5:00 PM local time at least five (5) calendar days
prior to the proposals submittal deadline. Protests received after this time and data will be
rejected as untimely. If the fifth calendar day falls on a closed Friday, or Saturday, or Sunday,
then the protest must be filed by the following Monday, by 5:00 P M local time. If the fifth
calendar day falls on a holiday observed by the SBCCOG, then the protest must be filed by the
next day by 5:00 PM local time.
Copy of Protest to Expected Selected Proposer
A complete copy of the protest shall be provided by the p arty filing the protest to the expected
selected proposer identified in this request for proposals. The protest copy shall be provided at
the same time and date as is required for filing the protest.
Protest Evaluation
Evaluation of protests will be made by SBCCOG in consultation with attorneys for SBCCOG and
the member cities.
No Hearing on Protest
No hearing will be held on protests; evaluation of protests will be made solely upon the written
documentation submitted.
Sustaining of Protest
A protest will be sustained if the SBCCOG determines that there has been a computation error
or a violation of law that alters the evaluation results.
Decision on Protest
After evaluating all protest(s), the SBCCOG shall issue a written decision sustaining or denying
the protest(s). The written decision on the protest(s) shall contain a statement of the reason for
sustaining or denying the protest. The decision of the SBCCOG shall be final.
A-24
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 25 of 26
Time for Decision re Protest
SBCCOG decision re protest(s) shall be in writing and shall be communicated to the protesting
proposer(s) via U.S. Mail, by 5:00 PM of the fifth business day after the deadline for submittal of
protests.
Stay of Award of Contract
The contract for this notice inviting request for proposals that is the subject of one or more
protests shall not be awarded until after SBCCOG’s decision re the protest(s) has been
communicated to the protesting proposer(s).
A-25
South Bay Cities Council of Governments (SBCCOG)
Proprietary and Confidential – June 13, 2018
page 26 of 26
Part VIII: Attachments
8.1 Attachment A – SBCCOG SMART-Net Site Summary
8.2 Attachment B – SBCCOG Building Footprints, with Points of Entry
8.3 Attachment C – SBCCOG SMART-Net Proposer Pricing Template
8.4 Attachment D – SBCCOG Mutual Non-Disclosure Agreement
8.5 Attachment E – SBCCOG Letters of Support for Fiber Optic Network
A-26
B-1
B-2
B-3
B-4
B-5