Office of Procurement Services
901 South National Avenue
Springfield, MO 65897
REQUEST FOR PROPOSAL
Local Telecommunication Services
Date and Time Re
turnable: 3:00 p.m. on
This document constitutes a request for
proposals from qualified
provide telecommunication services
in accordance with the requirements, terms and
conditions of this Request for Proposal.
by agrees to furnish items and/or services pursuant to all requirements and
specifications contained in this document, upon either the receipt of an authorized
purchase order from Missouri State University, or when this document is countersigned
i State University as a binding contract. Offeror further agrees that the
language of this document shall govern in the event of a conflict with the proposal.
For University Use Only:
Accepted by the Missouri State University as Follows:
DUCTION AND GENERAL INFORMATION
: This document constitutes a request for competitive, sealed proposals from
qualified offerors to provide
Local Telecommunication S
ervices as specified herein for use
by Missouri State University (also referred to herein as “the University”) i
n accordance with
the terms and conditions of this Request for Proposal.
Local telephone service to/from the University’s Springfield, Missouri, campus
Direct Inward Dial (DID) and Direct Outward Dial (DOD) trunking via
Integrated Services Digit
Primary Rate Interface (ISDN
411 Services and 911 Services.
Digital Subscriber Line (DSL) or similar service.
Plain Old Telephone Service (POTS) analog landline voice service.
: This document, referred to as a Requ
est for Proposal (RFP), has been divided
into the following parts for ease of use:
Introduction and General Information
Specific Contractor Requirements
Proposal Submission Inform
Terms and Conditions of Request for Proposal
Affidavit of Work Authorization, Exhibit A
Proposal Conference regarding this Request for Proposal will be held on Thursday,
November 8, 2012 at 10:00 a.m. to be held at Missouri State University, Blair
House, 1001 E. Madison, Room 155. Metered parking is available throughout campus.
potential offerors are strongly advised to attend this conference since information related to
the RFP will be discussed in detail Listed below is a link for a map of Missouri State
University for metered parking. It is preferred that you park in Lo
t 13 or Lot 7.
. If you are interested in
participating by phone please email
by Wednesday, November
.m. for instructions to dial in.
Missouri State University, founded in 1905, is the second largest university in Missouri
with an enrollment of approximately
students. The University is a metropolitan
institution offering a variety of programs and services at three (3) primary locations
comprised of Springfield, Mountain Grove, and West Plains, with multiple satellite
locations in the rural community
The main campus, located in Springfield, has an enrollment of approximately 21,050
students with 41 educational and general buildings and 20 auxiliary enterprise facilities.
The second academic campus, with an enrollment of approximately 2,140
located 110 miles southeast of Springfield in West Plains.
The University System also includes a research campus
which houses a State Fruit
Experiment Station specialty is grape genetic research
in Mountain Grove
approximately half way bet
ween Springfield and West Plains.
The University’s Networking and Telecommunications group currently provides voice
service to faculty, staff, and students to the campuses using an Avaya Enterprise
ations Server, CM 6.1 with S8800 servers. There are approximately 4,790
stations on the system, of which 76% are analog, 23% are digital, and less than 1
VoIP. The system consists of ten (10) port networks and one (1) Avaya 8300D
ations System that is located in West Plains. All port networks
and communication servers are connected via IP networking.
The University currently has five (5) ISDN
PRIs with Windstream (formerly Nuvox)
for voice traffic. Additional voice facilities in
clude three (3) outbound T1 circuits with
CenturyLink (formerly Qwest) for one
plus and operator assisted calls, and one (1)
PRI circuit with CenturyLink for shared one
plus and inbound toll
The five (5) ISDN
PRIs are segmented into two t
runk groups, with four (4) circuits in
one group and one (1) circuit in the second group.
The University currently has one (1) ISDN
PRI with Windstream for ISDN
campus video conferencing is bridged to ISDN
PRI using an Adtran
SDN switch and video conferencing equipment. The University will drop this circuit
due to low usage. ISDN facilities for video conferencing will be provisioned by
bridging the Adtran with the Avaya voice system,
The DID traffic is currently being routed t
o the Windstream ISDN
trunks. These handle local intraLATA calls, intraLATA directory assistance calls,
intraLATA inbound calls, directory assistance calls,
telephone calling cards
calls, and E911.
The primary purpose of this Request for Proposal is to establish a contract for local
voice service via ISDN
PRI for the University campus in Springfield, Missouri. The
University has not implemented Session Initiation Protocol (SIP); however, SIP will be
considered as the University moves toward more advanced modes of communication.
Offerors must be willing to convert PRI circuits to SIP during the life of this contract
should the University deem implementation SIP to be in the University’s best interest.
The demarc for
service to the University campus is 1001 E. Madison, Springfield,
The location for this dmarc is Blair 150, 1001 e. Madison, Spri
The University’s voice communication is provided through an Avaya ECS S8800 CM
The University’s Springfield campus currently has 7,000 DID numbers with two (2)
exchanges, 836 and 837 assigned to the voice ISDN
PRI circuits. Offerors are to
propose pricing based on the retention of the numbers through Local Number
The University currently has 100 DID numbers assigned to the video ISDN
exchange 520. While the dedicated video ISDN
PRI will not be established in this
contract, the University will retain the video DID block and have the numbers directed
to the University’s ISDN
PRI voice circuit. Offerors are to propose pricing based on the
retention of the numbers through Local Number Portability.
rsity currently has two (2) POT
S lines for the purpose of testing and
providing emergency backup
service in the event of an Avaya voice system failure.
Offerors are to propose pricing based on the retention of the numbers currently assigned
to the existing POTS service.
The University currently maintains the E911 PSAP database through OMALI, an E911
database application provided by and supported by Windstream.
The University maintains Business Directory Listings through Windstream for all
The University reserves the right to visit the offeror’s switch location if deemed
ssary as part of the evaluation process.
he original contract period shall be March 1, 2013 through February 29,
2016. The contract shall not bind, nor purport to bind, the University for any
commitment in excess of the original contract period. The University shall have the right, at
its sole option, to renew the contract for four (4) additional one
year periods, or part thereof.
In the event the University exercises such right,
all terms, conditions, and provisions of the
original contract shall remain the same and apply during the renewal period, pursuant to
applicable option clauses of this document.
Tariff price(s) quoted pursuant to the requirements of the
Commission (FCC) or the Missouri Public Service Commission (PSC) shall be subject
to change only by order of the FCC or PSC, and only at the time and to the extent that
the FCC or PSC is authorized by law to mandate such change in t
he contract between
the University and the contractor.
If at any time during either the original contract period or any renewal option period the
contractor offers similar services between points of presence as specified herein at a
price(s) lower than t
hat stated herein, such lower price(s) shall apply for the balance of
the contract period or until a further reduction is made. It shall be the responsibility of
the contractor to notify the Purchasing Office of any price reductions within ten (10)
f issuance and to apply the lower price(s) effective the date of issuance.
If at any time during either the original contract period or any renewal option period the
contractor’s tariff price(s) increases, or additional costs or charges are enacted, the
rices quoted in the contract shall remain in effect for the University, and no additional
costs or charges shall be imposed on the University, unless otherwise mandated by law
beyond the control of the contractor.
If the University decides to upgrade or c
hange from one service to another service
offered by the contractor, there shall be no early termination charges or penalties of any
kind, regardless of the cost or price difference between the services.
Particular attention must be given to the Universi
ty’s direction to implement SIP. At the
time conversion to SIP is a logical and feasible solution for the University, the awarded
contractor must agree to the following:
A ratio of ISDN
PRI voice circuit capacity to a ratio of SIP voice capacity must be
equivalent or similar in the number of calls that can be processed at a given time.
SIP QoS must meet or exceed industry standards.
The transition must be provisioned at
no added cost for service.
A cost to transition should not be applied.
Penalties for converting to SIP must be waived.
A reduction of cost is expected for SIP where services required are reduced by
utilizing the newer SIP technology.
At the original effective date of the contract, the contractor shall work with the
University to ensure an orderly transition to maintain continuity of services. This
includes coordinating with Windstream, the University’s current vendor, to ensure that
umbers are ported without interruption of service.
The contractor will test to ensure all DIDs port successfully during the transition and the
contractor will take responsibility for acquiring any DID numbers that are lost in the
ion, termination, or cancellation of the contract, the contractor shall assist
the University to ensure an orderly transfer of responsibility and/or the continuity of
those services required under the terms of the contract to an organization designated by
the University. The contractor shall provide and/or perform the following
The contractor shall agree to continue providing any part or all of the services in
accordance with the terms and conditions of the contract for a period not to e
ninety (90) calendar days after the expiration, termination or cancellation date of
the contract for a price not to exceed those prices set forth in the contract.
The contractor shall not impose a penalty or minimum charge during the transition
: The contract between the University and the contractor shall consist
solely of the Request for Proposal (RFP), including the Terms and Conditions attached hereto
as Attachment #1, (
2) any amendments to the RFP, (3) the contractor’
s response to the RFP,
and (4) any additional terms and conditions mutually agreed upon by the parties during the
negotiation process. The University reserves the right to clarify any contractual relationship
in writing with the concurrence of the contrac
tor, and such written clarification shall govern
in case of a conflict with the applicable requirements stated in the RFP or the contractor’s
response. In all other matters not affected by the written clarification, if any, the RFP shall
ts to Contract
: No modification of any provision in the contract shall be made or
construed to have been made unless such modification is mutually agreed to in writing by the
contractor and the University’s Purchasing Office and incorporated in a written a
to the contract approved by the University’s Purchasing Office prior to the effective date of
: The contractor shall be responsible for any and all injury or damage as
a result of the contractor’s negligence involving any equipment or service provided under the
terms of the contract. In addition to the liability imposed upon the contractor on acc
personal injury, bodily injury (including death), or property damage suffered as a result of the
contractor’s negligence, the contractor assumes the obligation to save the University and its
employees from every expense, liability, or payment arisi
ng out of such negligent act. The
contractor also agrees to hold the University and its employees harmless for any negligent act
or omission committed by any subcontractor or other person employed by or under the
supervision of the contractor under the te
rms of the contract. However, the contractor shall
not be responsible for any injury or damage occurring as a result of any negligent act or
omission committed by the University.
: The contractor shall understand and agree that the University ca
nnot save and
hold harmless and/or indemnify the contractor or his/her employees against any liability
incurred or arising as a result of any activity of the contractor or any activity of the
contractor’s employees related to the contractor’s performance u
nder the contract.
Therefore, the contractor must acquire and maintain adequate liability insurance in the
form(s) and amount(s) sufficient to protect the University and the general public against any
such loss, damage and/or expense.
General Liability Coverage, comprehensive form, including product
liability, with the following limits of liability:
$2,000,000 each person
$5,000 medical each person
Automobile Public Liability and Property Damage with the following limits of
$2,000,000 each person
$2,000,000 each accident
$2,000,000 each accident
: The contractor
represents himself or herself to be an independent
contractor offering such services to the general public and shall not represent himself/herself
or his/her employees to be employees of the University. Therefore, the contractor shall
assume all legal and
financial responsibility for taxes, FICA, employee fringe benefits,
workers compensation, employee insurance, minimum wage requirements, overtime, etc.,
and agrees to indemnify, save, and hold the University, its officers, agents, and employees,
from and against any and all loss, cost (including attorney fees), and damage of any
kind related to such matters.
Communications and Notices
: Any written notice to the contractor shall be deemed sufficient
when deposited in the United States mail, postag
e prepaid; delivered to a telegraph office,
fees prepaid; or hand
carried and presented to an authorized employee of the contractor at the
contract’s address as listed on the signature page of the contract, or at such address as the
contractor may have req
uested in writing.
Bankruptcy or Insolvency
: Upon filing for any bankruptcy or insolvency proceeding by or
against the contractor, whether voluntary or involuntary, or upon the appointment of a
receiver, trustee, or assignee for the benefit of creditors,
the contractor must notify the
University Purchasing Office immediately. Upon learning of the actions identified herein,
the University reserves the right, at its sole discretion, to either cancel the contract or affirm
the contract and hold the contracto
r responsible for damages.
: The contractor shall not transfer any interest in the contract, whether by
assignment or otherwise, without the express prior written consent of the University. Any
assignee shall be bound by the terms and conditio
ns of the contract, and the contractor shall
require written agreement to such terms and conditions by any assignee.
: The contractor understands and agrees that failure by the University to require
performance by the contractor of any provision co
ntained herein or in the contractor’s
response shall not be deemed a continuing waiver of such provision or a waiver of any other
provision of the contract.
: If approved by the University in writing, the contractor may subcontract for
e services described herein provided that any subcontracts include appropriate provisions
and contractual obligations to ensure the successful fulfillment of all contractual obligations
agreed to by the contractor and the University and to ensure that the
indemnified, saved, and held harmless from and against any and all claims of damage, loss,
and cost (including attorney fees) of any kind related to a subcontract in those matters
described in the contract between the University and the contr
actor. The contractor shall
expressly understand and agree that they shall assume and be solely responsible for all legal
and financial responsibilities related to the execution of a subcontract. The contractor shall
agree and understand that utilization
of a sub
contractor to provide any of the equipment or
services in the contract shall in no way relieve the contractor of the responsibility for
providing the equipment or services as described and set forth herein.
Employment of Unauthorized Aliens Proh
: Contractor agrees to comply with Missouri
State Statute section 285.530 in that they shall not knowingly employ, hire for employment,
or continue to employ an unauthorized alien to perform work within the state of Missouri.
For more information a
bout RSMo 285.530, please visit
As a condition for the award of this contract the contractor shall, by sworn affidavit and
vision of documentation, affirm its enrollment and participation in a federal work
authorization program with respect to the employees working in connection with the
contracted services. Enrollment in the E
Verify Federal Work Authorization Program is
ommended. For more information about the E
Verify process, please visit:
Contractor shall also sign an affidavit affir
ming that it does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services. “Affidavit of
Work Authorization”, Exhibit A is attached.
Contractor shall require each subcontractor to affirmatively state in i
ts contract with
contractor that the subcontractor shall not knowingly employ, hire for employment or
continue to employ an unauthorized alien to perform work within the state of Missouri.
Contractor shall also require each subcontractor to provide contra
ctor with a sworn affidavit
under the penalty of perjury attesting to the fact that the subcontractor’s employees are
lawfully present in the United States
SPECIFIC CONTRACTOR REQUIREMENTS
: The contractor shall provide
telecommunication services as specified
herein by Missouri State University in accordance with the requirements, terms and
conditions of this Request for Proposal.
The contractor must comply with all applicable law, and FCC and PSC regulations
icensing and certification and should submit documentation of such upon
request. All services must comply with all governmental and other applicable laws and
regulations and must be expandable to accommodate future growth in features, size, and
The contractor shall furnish and be responsible to the University for access to, as well as
transport from, end to end. For the purposes of the contract, “end to end” service shall
refer to the facilities from Point of Presence (POP) to street address.
The contractor shall identify any segment of equipment or services that are carried by a
It is preferred that all facilities are owned, operated by, and administered by the
In the event any services are provided by subcontractor
contractor must perform as the prime contractor. The contractor shall be the sole
point of contact for the University and shall be totally responsible for the
performance of any subcontractor(s). All equipment provisioned from the
entral Office (CO)
to the University’s demarc must be maintained by
When additional facilities are needed, the University shall have the right to require the
contractor to provide the additional facilities based upon prices from the contra
ct, or for
lower prices pursuant to paragraph 2.2 on page 5 of this document. However, the
University reserves the right to acquire any such additional facilities from other sources
outside the contract whenever it is more beneficial to the University. “
Beneficial to the
University” may include price, reliability, and customer service.
For the purposes of the contract, ISDN
PRI shall refer to the local office access as well
as the transport facility.
The contractor must monitor the entire span from end
to end, diagnose, and react to all
four (24) hours a day, seven (7) days a week,
days a year (24 x 7 x
The contractor must engineer, design, install, and test all services and any hardware
necessary to provide the services requi
red by the contract.
The contractor shall be solely responsible for ensuring that all required services will
function properly with the University’s networking and telecommunications equipment.
The contractor must provide a schematic or map of the facilities provided from the POP
to the demarc at 1001 E Madison. The mode of delivery (copper, fiber, wireless, IP,
, etc.) must be included with the schematic.
ractor must provide five (5) two
PRIs with three (3) D
incoming and outgoing voice traffic.
The contractor must provision the five (5) two
PRIs into two separate trunk
groups, with one group provisioned with four (4) circu
its and two (2) D
one trunk group with one (1) circuit and one (1) D
The contractor must have the ability to provision SIP.
The University shall have the right to adjust all trunking, plus or minus twenty
percent (25%) of the
individual services in the first year of the contract, without
termination or elevated installation charge, and without penalty for the purpose of
adjusting to the voice data traffic capacity.
The contractor’s ISDN
PRI service must provide digital connect
ions ranging from 64
Kbps to 1536 Kbps in 64 Kbps increments of bandwidth via the PSTN. The specific
rate must be user selectable on a per call basis.
The contractor and the trunking facilities provided by the contractor must be able to
send and receive
Caller ID information.
The contractor must be able to pass a generic University designated DID number (a
billing number) as caller ID on all outgoing calls placed from the ISDN
The University must be able to retain existing local prefixes a
nd DID number blocks
and retain the numbers assigned to the existing ISDN
If new facilities need to be installed at the University to meet the trunking needs, all
costs for such new facilities shall be absorbed by the contractor.
Level of Service
The contractor must engineer the trunking facilities to maintain or exceed a P.01 grade
level of service inbound and outbound calling. The outbound service must handle all
types of calls including local intraLATA calls, intraLATA/interLATA directory
stance calls, toll
free calls, 1010XXX calls,
telephone calling cards
, and E911.
The contractor must provide electronic traffic studies on trunk utilization to the
University within one (1) month after service cut
over, and upon request by the
at no cost to the University.
The contractor must have the ability to block third party calls, including collect,
operator assisted, and directory call completion.
The contractor must provide answer supervision for all outgoing calls.
Installation of Ad
ractor shall agree that a final
implementation plan shall be coordinated with and approved by the University. The
University’s existing extended contract
expires February 28, 2013. The contractor must have
orders for ini
tial service completed on or before
March 1, 2013
Service and Support
The contractor shall be responsible for the 24 x 7 x 365 monitoring and trouble
resolution of all facilities provided under the contract. Activities shall include, but may
not be li
mited to, monitoring for chronic problems and taking proactive measures to
correct chronic problems, in addition to coordinating the resolution of outages that are
made or acts of nature.
The contractor must provide toll free access into a centralized
trouble reporting system
24 x 7 x 365.
The contractor shall provide to the University all necessary information for the proper
reporting of trouble to the contractor including, but not limited to, an escalation
procedure that includes names with daytime
hours telephone numbers and
contacts to include the ability to reach a live person without intervening of an automated
call processor 24 x 7 x 365.
The contractor must notify the University when carrier outages affect contract services.
ation must include, but shall not be limited to, the location of the outage, the
cause, and the estimated restoration time.
The contractor must notify the University’s Networking and Telecommunications group
of all trunking alarms within fifteen (15) min
utes after an alarm is activated and must
provide updates every hour unless the University decides on a longer period between
If so requested by the University, the contractor must provide a copy of the trouble
ticket once the trouble is
resolved. On a monthly basis, the contractor must provide to
the University a copy of all trouble tickets for the preceding month.
All circuits should have network availability (up
time) of approximately 99.5% (less
than 3.6 hours down
time maximum per m
If in any given month down
time exceeds 3.6 hours, the contractor shall waive the
monthly fee for that circuit for that month.
If a circuit exceeds the maximum down
time for two (2) consecutive months, or
for three (3) months in any six (6) month
period, the University shall have the right
to terminate the circuit without penalty or liability.
All scheduled down
time for preventive maintenance, network improvements, etc.,
must be coordinated with and approved by the University at least one (1) wee
advance of the out
service date. The University reserves the right to request that any
repair, preventive service, or new service installation be performed after regular
business hours at no additional cost to the University. All planned maintenan
must take place outside of the University’s normal business hours.
The contractor must provide to the University an inventory of all services provided
under the contract with the first invoice, with all subsequent change in service, and upon
st by the University.
The contractor must provide a detailed list of circuit IDs, the name of the carrier, and
the associated phone number(s) of all circuits at the time of installation, with all
subsequent change in service, and upon request by the Unive
disaster avoidance and disaster recovery plans for
pted service to the University.
The contractor must have the ability to redirect route (call
forward) an individual DID
number and/or multiple DID
numbers to off
The contractor must have the ability to throttle down high volume traffic at the vendor’s
The contractor must provide the University with a method for maintaining the E911
PSAP database. The method must be electronic
with the ability to do multiple updates
on a daily basis in near real
time and must provision for traditional analog / digital
stations and VoIP stations.
The contractor must maintain published Business Directory listings.
The contractor must provide a m
ethod for the University to obtain reports, such as
usage, long distance detail, circuit IDs, etc.
Maintenance response levels shall differ according to the level and severity of the
A fault shall be determined to have been clea
red or a procedure completed when any
and all circuit elements associated with the fault or procedure are performing according
to specifications and when the University has been informed of the resolution of the
problem and has verified that the circuit is
Maintenance and repairs shall be performed in accordance with standard industry
practices with minimum disruption to users and normal business operations.
Since it is difficult to measure or predetermine clearance of a fault or pro
University shall use “return to service (RTS) targets” as measures of the contractor’s
compliance with this portion of the contract. However, it must be understood that the
University desires prevention and remedying of problems; not just the co
The contractor shall comply with the following levels of response to problems:
Severity Level 1 (S
Every 2 hours
Multiple trunking PRIs down
2 issues ongoing more than one business day
Severity Level 2 (S
Every 4 hours
Single PRI down
3 issues ongoing more than two business days
vel 3 (S
Next business day
Next business day
Individual trunks or circuits down
critical performance problems
The contractor must provide an escalation contact list for handling service issues.
must provide the ability to reach a live person without intervening of an
automated call processor 24 x 7 x 365.
The contractor must provide instruction for tracing and monitoring threatening and/or
harassing calls, to include procedures for handling co
ntacts for handling this type of
call. In instances where the call is deemed life threatening, the contractor must provide
immediate assistance 24 x 7 x 365. Non
threating traces must be acknowledged within
one (1) business day and history must be provided
within five (5) business days.
The contractor must invoice the University on a calendar month cycle, and the invoice
should be received by the tenth calendar day of the following month, i.e. the invoice for
July should be
received by the tenth calendar day of August. (Note: Calendar month
cycle shall be from the first day of the month to the last day of the month.)
The invoice shall be on paper and/or electronic media in a format mutually agreed upon
by the University an
d the contractor.
No fee will be assessed for providing the
document(s) and/or media.
The University shall bear no responsibility for fees charged for late payment of the
invoice except for late fees otherwise accorded by the revised statutes of the State
The invoice must be itemized by circuit ID. Any long distance and/or other specific
charges must be itemized by the associated station number. ISDN
PRI data calls to the
PSTN must also be itemized by station number.
All charges must be su
mmarized by charge type (e.g. special municipal, end user
common line, etc.)
, to include how the rate is calculated.
The vendor must provide supporting documentation for charges upon request. This shall
include tariffs and other regulated charges. The pur
pose for this documentation is to
provide an understanding to the University as to why
charge(s) are assessed and to
ensure correct billing for such charges.
The contractor shall not invoice federal excise tax or state tax.
Any or all
credits/adjustments given shall include an explanation on or attached to the
bill which identifies the circuit.
The contractor shall not require a minimum billing.
The contractor shall provide the names, titles, and telephone numbers of the proposed
ice contacts that shall be responsible for billing.
The contractor must provide an escalation list for handling billing issue.
Technical Capability and Implementation
The offeror must describe in detail all products and services
description of services must include, as a minimum, the features available with the
local voice service offering and with ISDN
Indicate whether diverse routing of facilities can be provided, and if so, at what
additional cost t
o the University.
Briefly describe your Asymmetric Digital Subscriber Line (ADSL) and Symmetric
Digital Subscriber Line (SDSL) offerings and costs and identify from which COs
they are available. If Digital Subscriber Line (DSL) services are not currentl
offered, state the proposed availability date.
Identify any prerequisites for securing DSL type service, such as a phone line.
Local Number Portability (LNP) is required for all DID number blocks and for the
PRI data lead number. Describe how LNP
is implemented and identify any
cost associated with porting.
Describe how the offeror will ensure that no numbers are lost during Local
Number Porting. If a number is lost in translations, describe the procedure for
securing missing numbers.
the area codes and prefixes that make up the offeror’s local calling area.
Provide a complete list and area map.
Of the offeror’s network that will be used by the University, identify the
percentage that is aerial, buried, and wireless. Is the cable net
work owned by the
offeror or leased? If leased, identify what portion(s) is leased and who the facilities
are leased from?
Of the offeror’s network that will be used by the University, identify the method of
delivery. Identify any portion of the network p
rovided via IP connectivity.
Describe the offeror’s CO switching equipment.
Describe the process for monitoring high volume traffic and the contractor’s
ability to throttle down this type of traffic at the CO.
Will any of the proposed service be
provisioned with cloud based service? If so,
describe the service(s) and how this affects the University’s proposed ISDN
Provide a map of the proposed infrastructure that will service the University,
detailing each of the following:
LEC central offices (CO)
Location of tandem COs
Switching equipment type, model, release, etc.
Disaster recovery backup provisions
PSTN compatibility and SS7 compliance
Type and speed of answer supervision
redundancy of cable paths
Number of other customer locations riding the ring
Mileage between all of the nodes (existing and proposed) riding the ring
Aerial and buried fiber/copper locations
All single points of failure
How will 411 and NPA
1212 directory assistance be provided? Explain who
provides your database services and how your database is kept current.
Describe contractor’s disaster avoidance and disaster recovery plans for providing
uninterrupted service to
Describe the contractor’s ability to redirect reroute (call
forward) an individual
DID number and/or multiple DID numbers to off
How are directory assisted, dial call completions, collect calls, and third party calls
How are 911 calls handled? Confirm that they are routed as mandated by state and
Describe how the contractor’s method for provisioning E911 PSAP database
updates for traditional analog / digital stations and VoIP stations. Inclu
de any cost
The University must have the ability to run E911 reports onsite and
should not be dependent on the contractor for providing reports with the actual
data that populates the E911 database.
Describe software and/or other solutions for
maintaining a Public Safety
Answering Point (PSAP) database that can be updated by the University. Will the
PRI work effectively with a E911 database? If not, describe how an
effective E911 ANI database can be maintained.
State whether the offeror
has the ability to place blocks on customer requested
phone lines, i.e., collect calls, third party calls, etc. How is this database
maintained? Do you subscribe to the Line Information Database (LIDB)
administered by AT&T? If not, how will the Universi
ty be protected from being
billed for collect calls, third party calls, etc.?
Describe the procedure for tracing harassing and/or nuisance calls. What is the
length of time it takes to put a trace/trap on a particular line? How is this
ribe the procedure for handling an immediate, high level threat, such as a
hostage situation or a bomb threat. Include a description of how Internet based
and/or IP based voice call are traced. What is your success rate?
Describe your procedures for id
entifying, tracking and preventing fraudulent calls.
What is your policy with regard to fraudulent calls, i.e., are charges removed based
on a verbal notification from the customer?
Will call interrupts be able to be performed from site to called party?
specific station number be identified for billing purposes?
What security measures will be available to protect the University from PIC
changes (slamming) and cramming?
How will operator assisted calls be handled? Is there a cost for call
If a charge is incurred for call completion, the ability to request completion should
be blocked. Can the offeror block directory assisted call completion?
Describe how the contractor maintains published Business Directory listings.
any cost associated and the turnaround time for completing updates.
Describe the offeror’s electronic directory. How are directory maintained? Is there
a cost for the service? How does the offeror ensure accurate listings are published
in other director
ies, such as the AT&T, Names and Numbers, and Yellow Pages?
Describe future migration strategies to accommodate voice over IP.
Describe other services offered, such as Unified Communications and cloud based
Describe long distance services avai
lable through the offeror.
Describe the time synchronization used by the offerors ISDN
The University’s phone system receives only the last five digits of the DID number
for call routing. Describe any problem this may present to the offero
Describe the contractor’s method of allowing the University to obtain reports, such
as usage, long distance detail, circuit IDs, etc. and how this is accomplished.
Initial Implementation/Additional Installation
The offeror must provide an impleme
ntation plan that includes details of the initial
conversion activities, auxiliary equipment (if any), and coordination of the cut over
between the existing service and the new services.
The implementation plan should contain an installation schedule,
including a specific guarantee of service implementation completion date for all
proposed services. The service implementation date shall be on or before
, for initial service requirements.
Describe the equipment that will be placed
on the University’s premises to
terminate local service. Identify space, electrical, and environmental requirements
for such equipment.
State the turnaround time on the installation of all new circuit orders, i.e., ISDN
PRI (voice and data) and DSL.
e offeror must describe the process to convert ISDN
PRI service to SIP service
and identify all one
time and recurring cost involved to convert ISDN
Contractor Service and Support
The offeror’s organization shoul
d provide all proposed services. If all proposed
services are not to be provided by the offeror’s organization, the offeror should
provide the following information about each proposed subcontractor: (1) name of
organization; (2) a description of the pro
posed services, including location; (3) the
experience of the organization in providing the proposed services; and (4) the type
of agreements the offeror’s company has with the subcontractor.
The offeror must describe how he/she intends to function as a s
ingle point of
contact for the University, regardless of any subcontract arrangements. This
includes responsibilities and liabilities of the offeror for all problems relating to
the proposed services and for the billing of proposed services.
If the offe
ror does not subcontract but leases facilities to meet the
requirements of the contract, the offeror must describe how he/she will
function as a single point of contact. This includes responsibilities and
liabilities of the offeror for all problems relati
ng to the proposed services and
for the billing of proposed services.
The offeror should describe the routine preventative maintenance done on network
physical facilities, i.e. aerial surveillance, software testing, etc.
The offeror must fully describe a
nd define their maintenance capabilities
including, but not limited to, monitoring capabilities, staff, resources and
procedures. The description shall include the methods used to prevent service
outages as well as the methods of responding to and restori
ng service after an
Describe, in detail, how equipment and facilities are monitored, i.e., 24 x 7
x 365, NOC locations, backup facilities, etc.
What are the procedures to be used to contact service personnel 24 x 7 x
maintenance and/or repair services?
Who provides installation of access facilities?
Describe the maintenance escalation procedure complete with the
positions and telephone numbers of the people to be notified.
Provide an overview of your account team su
pport structure and describe
in detail the procedures related to problem identification and resolution. How
will you ensure a minimal Mean Time to repair troubles? Indicate the support
level offered and identify the account team members, titles, and
Fully describe the escalation procedures and expected response times for recovery
of services in the event of a major alarm or outage. Include response time, off
hours engineering staffing access, notification of University contacts of prob
and subsequent notification when the problem is resolved. Whenever any such
fault or diagnostic indication remains uncorrected after a period of one (1) hour
has expired from the first
level response, describe your second
level response and
rt staff that would be involved both remotely and on
: The offeror should provide a list of at least three (3) current customers of
equal or greater size than the University for which equipment and services essentially
identical to those
proposed have been provided and installed. The list should include
the name, address, and telephone number of the contracting entity, and the name and
telephone number of a contact person who may be contacted as a reference.
Billing and Reporting
ribe how billing and reporting requirements will be provided. Attach hard
copy samples of the billing documents that will be provided to the University.
Describe any on
line services available for tracking trouble tickets, billing, placing
orders, or oth
er service related items.
Indicate whether local calls are billed on a measured service basis or a
flat/message service basis.
List and describe the media options available for receiving billing data and other
reports. Provide examples of reports,
procedures to obtain, and any additional
costs for such media options. Indicate whether the information can be retrieved in
time or batch mode after the fact, and identify any equipment/software
required to retrieve such reports.
Identify the variou
s types of statistical data available such as trunk peg counts, All
Trunks Busy peg count per trunk group, trunk usage, overflow, time of day/week,
State when the monthly invoice and reports will be provided to the University.
State how the offeror
will assist in resolving incorrect charges issued by other
carriers that bill through or appear on the offeror’s invoice to the University.
Referencing Part Three, 5.7.1 and 5.7.2, identify how billing adjustments will be
made for service outages.
cate whether the University will be responsible for any pass
and/or additional charges such as common line, Universal Service Fund, Relay
Missouri, 911 emergency, local number portability, end user common line charge,
etc. Identify the amo
unt of each charge for each type of service as it applies to
PRI service, POTS, and DSL.
Describe how orders are to be placed. Are web based services available?
Financial Responsibility / Other
Describe any merger or corporate consolidation that
is being planned by the
Provide other names that the offeror’s company has been listed under.
Describe any bankruptcy that has been filed by the offeror.
Identify any known negotiations the vendor is involved in for merging, buying,
creating any type of partnership with another organization or business.
PROPOSAL SUBMISSION INFORMATION
: All questions regarding the scope of work, procurement process, etc.,
must be directed to
at (417) 836
or email to
. Offerors may not contact any other employees of the
University concerning this RFP during the procurement and evaluation process.
Submission of Proposals
: Proposals must be priced, signed, sealed
and received in the
University’s Purchasing Office by the closing date and time specified. Any proposal
received by the Purchasing Office after the exact closing date and time specified will not be
opened and will not be evaluated regardless of the reaso
n(s) or mitigating circumstances
related to its lateness or degree of lateness. A facsimile transmission is NOT an acceptable
response to this RFP.
Copies of Proposals
: The offeror is requested to submit an ori
ginal signature proposal
and three (3
lete copies of the original signatur
e proposal, for a total of four (4
with the complete proposal on it
Cost of Submitting Proposal
are advised that all costs associated with
submitting a proposal in response to this RFP shall be
the responsibility of
Open Records Law
: The offeror is hereby advised that, upon completion of the
evaluation process, all proposals and associ
ated documentation will be made public
pursuant to the “Open Records” law of the State of Missouri (RSMo 610.021).
do not include statements of confidentiality or proprietary information in your
proposal. All proposals are required to become a mat
ter of public record
according to state law.
: Any explanation desired by the offeror regarding the meaning or
interpretation of any portion of this RFP must be requested in writing and received by the
University’s Purchasing Office
at least five (5) calendar days prior to the deadline for receipt
of proposals. This should allow time for a response to reach the offeror before the proposal
: The offeror is advised that the official position of the Universi
ty is that
position which is stated in writing and issued by the Purchasing Office as a Request for
Proposal and any amendments thereto. No other means of communication, whether oral or
written, shall be construed as a formal or official response or state
: The offeror must be a legally recognized entity, firm or corporation
organized and/or licensed to do business and certified as a carrier, local exchange carrier
and/or competitive local exchange provider in the State of Misso
uri and must be in
compliance with all legal requirements related thereto.
: Any contract award resulting from this request shall be made
following the evaluation of all proposals which are responsive to the terms, conditions,
and provisions of the Request for Proposal. The comparative assessment of the relative
benefits and def
iciencies of a proposal in relation to the published evaluation criteria
will be made using subjective judgment. The University will be the sole judge as to the
acceptability, for our purposes, of any and all proposals. Proposals will be evaluated
ing to the evaluation criteria stated below.
pability and Implementation
Contractor Service and
Question and Answer Session/Proposal Presentation
: After an initial screening process,
a technical question and answer session and/or proposal presentation may be conducted
with one or more offerors, if deemed necessary by the University, to clar
ify or verify
the offeror’s proposal and to develop a comprehensive assessment of the offeror’s
: The University reserves the right to negotiate with selected offerors if
deemed necessary and in the best interests of the University.
Offerors are cautioned,
however, that an award decision may be made without negotiation, based on the terms
of an offeror’s original proposal.
: The offeror is cautioned that it is the offeror’s sole
responsibility to submit info
rmation related to the evaluation categories included herein
and that the University is under no obligation to solicit such information if it is not
included as part of the offeror’s proposal. Proposals must demonstrate an
understanding of the Scope of Wo
rk and the ability to accomplish the tasks set forth and
must include information that will enable the University to determine the offeror’s
overall qualifications. Failure to submit such information may cause an adverse impact
on the evaluation of the of
: The offeror shall be solely responsible for errors or omissions in the
offeror’s proposal. Offerors may not revise or withdraw submitted proposals after the
stated time and date for the receipt of proposals. Revisions
to the offeror’s original
proposal will only be allowed if specifically requested by the University as part of the
Conformity with Specifications
: Any deviations from the requirements of this Request
for Proposal must be set forth in
detail as part of the offeror’s proposal. The University
will assume that submitted proposals conform to the requirements and specifications of
the RFP in every way unless otherwise specifically noted in the offeror’s proposal. The
University may, at it
s sole discretion, waive minor informalities or irregularities which
do not materially affect the overall proposal.
: In the event of a difference of opinion between the offeror
and the University as to the meaning of any provi
sion in these specifications, the
decision of the University shall be final and without recourse.
Offer to Contract
: The offeror is advised that his/her proposal submitted in response to
this RFP will be considered as an offer to contract. Final negotiat
ions may be
conducted with the highest evaluated offer to resolve any minor differences and
informalities. After final negotiations, an acceptance of the offeror’s proposal will be
issued by the University as specified on page one of this document.
: Any contract award resulting from this RFP will be made only by
written authorization from the University’s Purchasing Office and shall be subject to
approval by the University’s Board of Governors. The University reserves the right to
rd a contract if deemed in the best interests of the University.
Proposals should be prepared as simply as possible and should
provide a straightforward, concise description of the offeror’s
capabilities to satisfy the
requirements of the RFP. To facilitate evaluation of the offeror’s proposal by the University,
offerors are strongly encouraged to provide a point
point response to each item identified
herein, especially the items containe
d in, or relating to, the Scope of Work. Emphasis should
be concentrated on accuracy, completeness, and clarity of content. All parts, pages, etc., of
the proposal should be numbered and clearly labeled. The proposal should be organized
into sections which correspond with the main headings and subject areas
identified herein and all material and information related to each identified section should be
included therein. The signed page one from the original RFP and all signed amen
should be placed at the beginning of the offeror’s proposal. The offeror should provide the
name of the primary contact at the offeror’s organization to which questions regarding the
proposal should be addressed.
The RFP response must be organized
Provide a cover letter indicating your firms understand of the requirements of this
Request for Proposal. The letter should be a brief formal letter from the Offeror
that provides information regarding the
nterest in and ability to perform
the requirements of this RFP.
A person who is authorized to commit the
Offeror’s organization to perform the work included in the proposal must sign the
letter. The cover letter should be on letterhead and state the lega
l name of the
firm, phone number, fax number, mailing address and email address.
Explain a brief history of your firm and its key personnel, including the specific
personnel who would service the Missouri State University account. Provide an
on chart of your firm. Explain specific reasons why the Offeror is the
most qualified to be awarded this solicitation. Describe any innovative or
progressive approaches that would be used in this project that will reduce costs,
decrease time to completion
or improve the value of the finished project.
Identify potential risks associated with the execution of this contract and how
your firm proposes mitigating those risks.
ndicate your acceptance of the
attached contract, general terms and conditions, req
uirements of the RFP
insurance requirements for this solicitation. If any exceptions are taken, identify
them (if none are stated in this section, they will not be granted after the contract
is awarded. Exceptions taken after the award will result in
the withdrawal of the
intent to award and offeror’s firm suspended from upcoming solicitations). Note,
if exceptions are taken to the RFP or Contract, evaluation scores will reflect the
University’s assessment of the impact for these considerations. Thos
may result in the rejection the proposal as non
responsive, if in the sole evaluation
of Missouri State University, the requested changes are unacceptable.
See pages 9 through 14:
Level of Service
Service and Support
Technical Capability and Implementation
ddress the topic below
See pages 14
Contractor Service and Support
See pages 17
Billing and Reporting
ith projects of like size, complexity, and scheduling
as this project that you have done business with for the past
the reference company name, contact name, title of contact, contact phone
number, contact email and how many years y
ou have done business with this
company/individual and title of project completed with this company. If contact
information yields no reference feedback, the scores will be significantly lowered
and proposal may be rejected by the University as non
The University requires proof of
. Such report must not be
more than twelve (12) months old at the time of submission. The offeror is also
required to provide statements from the last three (3) years of operation. The
statements must include, at a minimum, a
consolidated balance sheet and
statement for each year
. An unfavorable financial report may be justification for a
See Pricing Page
: The offeror must provide pricing and related information as requested
on the Pricing Page
of this RFP, in the format provided.
The offeror must include in their pricing any and all applicable state and federal fees,
taxes and charges (e.g. Universal Service Fund, Primary Interexchange Carrier Charges,
etc.) with respect to each type of service
and any other recurring and nonrecurring
charges to be billed for any portion of each link. All costs associated with migrating the
University to the new service must also be identified. All costs and/or charges
associated with the requested services mu
st be specifically itemized for each type of
If applicable, explain in detail any termination charges and/or late payment charges that
may be applicable to the University.
In addition to the required single link capacity pricing, offerors are en
couraged to offer
volume discount options based on the quantity of total services purchased. Volume
pricing discounts, when offered, shall be stated as a percentage amount to be based on
discounted total monthly dollar volume levels.
In the event
that the offeror has alternative network links to offer, these should be
described as options. Cost and availability should be described and presented for
In the evaluation of cost, extended pricing from the Pricing Pag
e will be considered.
The monthly price for the estimated number of circuits for each type of service will be
multiplied by twelve (12) to obtain a yearly total. A grand total will then be computed
by adding together yearly totals for all potential contr
act periods. Maximum
percentages of increase quoted for renewal periods will also be considered.
are advised that any optional equipment/services offered will not be considered
in the evaluation of cost, but will be subjectively evaluated as part of the offeror’s
Original Contract Period
: The offeror must prov
ide pricing and related information as
requested below for each type of service listed. Additional Charges as quoted below should
be specifically itemized on a separate sheet of paper for each type of service and attached to
the Pricing Page as part of th
e offeror’s proposal.
Type of Service
Firm, Fixed Price
: The offeror must indicate below the maximum allowable percentage of
price increase applicable to the renewal option periods. If a percentage is not quoted (i.e., if
left blank), the University shall have the right to execute the option at the same price
quoted for the original contract period.
All percentages of increase shall be calculated
against the original contract price, not against the previous year’s contract price.
1st Renewal Period:
Original Contract Period Price + ________%
2nd Renewal P
Original Contract Period Price + ________%
Original Contract Period Price + ________%
Original Contract Period Price + ________%
The offeror hereby affirms that the pricing information requested herein has
been provided in
accordance with the requirements, terms and conditions of this Request for Proposal. The
offeror further affirms that the University shall have the right to add or delete the quoted items
and services at not more than the price(s) indica
ted above at any time during the contract period.
Unless specifically quoted herein, the contractor agrees that the University shall not pay for any
maintenance, installation, or other additional costs of any kind. Such costs shall be considered to
cluded in the firm, fixed prices quoted.
Authorized Signature Company Name
TERMS AND CONDITIONS OF REQUEST FOR PROPOSAL/QUOTATION
Date and Time or Date and Time Returnable
means the deadline required for the physical receipt of bids by the
Request for Proposal (RFP) or Request for Quotation (RFQ)
means the procurement document issued by the Procurement
to potential bidders for the purchase of equipment, supplies, and/or services as described in the RFP/RFQ document.
The definition includes these Terms and Conditions as well as any other Attachments and Amendments to the RFP/RFQ.
Must and Shall
that a certain feature, component, or action is mandatory. Failure to comply will result in rejection of
Bids and Bidders
means the same as proposals and offerors.
II. OPEN COMPETITION/RFP/RFQ DOCUMENT
It is the offeror’s
responsibility to ask questions, request changes or clarification, or otherwise advise the Procurement Office
if any language, specifications, or requirements of the RFP/RFQ appear to inadvertently restrict or limit the requirements of
the RFP/RFQ to a si
ngle source. Any and all communication from bidders regarding the RFP/RFQ and the procurement
process must be directed to the Buyer identified on the first page of the RFP/RFQ. Such communication should be received
at least five calendar days prior to th
e official Proposal Close Date.
The Procurement Office reserves the right to officially modify or cancel the RFP/RFQ after issuance. Bidders will be notifie
of any such modification or cancellation by issuance of an addendum from the Procurement Offi
III. CONFLICT OF INTEREST
The contractor hereby covenants that at the time of the submission of the proposal the contractor has no other contractual
relationships which would create any actual or perceived conflict of interest. The contractor
further agrees that during the term of
the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which could cr
such a conflict.
IV. PREPARATION OF BIDS/PROPOSALS
Failure to carefully examine the RFP/RFQ and all terms and conditions related thereto will be at the Offeror’s risk.
Unless otherwise specifically stated in the RFP/RFQ, all specifications and requirements constitute minimum requirements.
All bids mus
t meet or exceed the stated specifications and requirements.
Bids lacking any written indication of intent to offer an alternate brand or to take an exception shall be considered to be i
compliance with the specifications and requirements of the
All equipment and supplies offered must be new and of current production and available for marketing by the manufacturer
unless the RFP/RFQ clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered.
Prices quoted by the offeror must remain valid for a minimum of ninety (90) days from the date of proposal opening. If the
proposal is accepted, prices shall remain firm for the specified period.
V. SUBMISSION OF BIDS/PROPOSALS
Bids must be signed by a duly authorized representative of the offeror’s organization and must contain all necessary
information in the manner required by the RFP/RFQ.
The sealed envelope or package containing a proposal should be clearly marked with t
he official RFP/RFQ number and the
Proposal Close Date. Bids for different RFP/RFQs should not be placed in the same envelope.
A proposal may only be modified or withdrawn (1) by signed, written notice received by the Procurement Office prior to the
roposal Close Date and Time or (2) in person by the offeror or its authorized representative, provided proper identification
presented before the Proposal Close Date and Time. Telephone requests to withdraw or modify a proposal will not be
Bidders must, as a minimum, sign and return the RFP/RFQ cover page or, if applicable, the cover page of the last amendment
thereto in order to constitute acceptance by the offeror of all RFP/RFQ terms and conditions. Failure to do so will result i
tion of the proposal unless the offeror’s full compliance with those documents is indicated elsewhere within the offeror’s
VI. PROPOSAL OPENING
All bids will be opened at 3:00 p.m. on the date indicated. Prices will not be made available at
that time and will not be made
public until the evaluation is complete and an award is made.
It is the offeror’s sole responsibility to ensure that the proposal is delivered to the Procurement Office by the Proposal Cl
Date and Time. If the Procur
ement Office is officially closed on the Proposal Close Date, bids will be accepted until 3:00
p.m. the next official work day and will be opened at that time.
Bids which are not received by the Procurement Office prior to the Proposal Close Date and T
ime will be considered late,
regardless of the degree of lateness or the reason related thereto. Late bids will not be opened.
An award will be made to the offeror whose proposal (1) complies with all mandatory specifications
and requirements of the
RFP/RFQ and (2) is the best proposal, price and other factors considered.
The right is reserved, as the interests of the University may require, to reject any or all bids and to waive any minor
informality or irregularity in bid
s received. The Procurement Office reserves the right to request written clarification of any
portion of the offeror’s response if deemed necessary in order to verify the intent of the offeror.
The University reserves the right to make awards on an it
em by item basis, or on an all or none basis, as applicable, if deemed
in the best interests of the University.
Any award shall be made only by written notification from the Procurement Office.
All bids and associated documentation received on or before the Proposal Close Date and Time will be considered open
records pursuant to Section 610.021 RSMo.
VIII. REMEDIES AND RIGHTS
No provision in the contract shall be construed, expressly or impl
iedly, as a waiver by the University of any existing or future
right and/or remedy available by law in the event of any claim by the University of the contractor’s default or breach of
The contractor understands and agrees that the contract
shall constitute an assignment by the contractor to the University of
all rights, title, and interest in and to all causes of action that the contractor may have under the antitrust laws of the U
States or the State of Missouri for which causes of act
ion have accrued or will accrue as the result of, or in relation to, the
particular equipment, supplies, and/or services purchased or procured by the contractor in the fulfillment of the contract wi
IX. DELIVERY, INSPECTION, AND ACCEPTAN
Delivery of equipment, supplies, and/or services must be made no later than the time stated in the contract, or within a
reasonable period of time if a specific time is not stated.
No equipment, supplies, and/or services received pursuant to the
IX. DELIVERY, INSPECTION, AND ACCEPTANCE
contract shall be deemed accepted until the University has had
reasonable opportunity to inspect the same.
All equipment, supplies, and/or services which do not comply with the
RFP/RFQ specifications and/or requirements or which
are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are
discovered to be defective or which do not conform to any warranty of the contract
or upon inspection (or at any later time if
the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.
The University reserves the right to return any such rejected shipment at the contractor’s expense for fu
ll credit or
replacement and to specify a reasonable date by which replacements must be received.
The University’s right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal,
equitable or contractual remedie
s the University may have.
X. CANCELLATION OF CONTRACT
In the event of material breach of contractual obligations by the contractor, the University may cancel the contract. If the
contractor fails to cure the breach within an acceptable time frame,
or if circumstances demand immediate action, the
University will issue a notice of cancellation terminating the contract immediately.
If the University cancels the contract for breach, the University reserves the right to obtain such equipment, supplie
services from other sources and charge the contractor for any additional costs incurred as a result thereof, including attorn
fees and court costs.
The contractor understands and agrees that funds required to fund the contract must be appro
priated by the General Assembly
of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon th
University for any period in which funds have not been appropriated, and the University shall not
be liable for any costs
associated with termination caused by lack of appropriations.
The contractor expressly warrants that all equipment, supplies, and/or services provided will (1) conform to each and every
sample or other description provided as part of the RFP/RFQ, (2) be fit and sufficient for the purpose
expressed in the RFP/RFQ, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect.
Such warranty shall survive del
ivery and shall not be deemed waived either by reason of the University’s acceptance of, or
payment for, said equipment, supplies, and/or services.
XII. APPLICABLE LAWS AND REGULATIONS
The contract shall be construed according to the laws of the State
of Missouri. The contractor shall comply with all local,
state, and federal laws and regulations related to the performance of the contract to the extent that the same may be
To the extent that a provision of the contract is contrary to t
he Constitution or laws of the State of Missouri or of the United
States, the provision shall be void and unenforceable. The balance of the contract shall remain in force between the parties
unless terminated by consent of both the contractor and the Univ
The contractor must be registered with and maintain good standing with the Secretary of State of the State of Missouri and
other regulatory agencies as may be required by law or regulation.
The contractor must file and pay in a timely manne
r all Missouri sales, withholding, corporate and any other required
XIII. INVOICING AND PAYMENT
Payment for all equipment, supplies, and/or services required herein will be made in arrears.
Invoices must be directed to the
Procurement Office and must include the contract number or purchase order number, item
number, contract description of supplies or services, sizes, quantities, unit prices, and extended totals.
Invoices shall be subject to late payment charges as provi
ded for in Section 34.055 RSMo.
The University does not pay state or federal taxes unless otherwise required by law or regulation.
The University assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the qu
ordered. Any unauthorized quantity is subject to rejection by the University and shall be returned at the contractor’s expen
The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prio
consent of the University.
DISCRIMINATION AND AFFIRMATIVE ACTION
In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontr
shall agree not to discriminate
against recipients of services or employees or applicants for employment on the basis of race,
color, religion, national origin, sex, age, disability, or veteran status. If the contractor or subcontractor employs at lea
persons, they shall have and m
aintain an affirmative action program which shall include:
A written policy statement committing the organization to affirmative action and assigning management responsibilities and
procedures for evaluation and dissemination;
The identification of
a person designated to handle affirmative action;
The establishment of non
discriminatory selection standards, objective measures to analyze recruitment, an upward mobility
system, a wage and salary structure, and standards applicable to layoff, recal
l, discharge, demotion, and discipline;
The exclusion of discrimination from all collective bargaining agreements; and
Performance of an internal audit of the reporting system to monitor execution and to provide for future planning.
WITH DISABILITIES ACT
In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontr
must comply with and be responsible for all applicable requirements and provisions of the Americans w
ith Disabilities Act
XVI. REQUIREMENTS FOR PRIME CONTRACTORS
Each prime contractor and subcontractor shall file annually, on or before the 31st day of March, complete and accurate
reports on Standard Form 100 (EEO
1) promulgated jointly by the Office of Federal Contract Compliance Programs, the
Equal Employment Oppo
rtunity Commission and Plans for Progress, or such form as may hereafter be promulgated in its
place, if such prime contractor or subcontractor (i) is not exempt from the provisions of these regulations in accordance wit
1.5; (ii) has 50 or more employ
ees; (iii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract
or purchase order amounting to $50,000 or more or serves as a depository of government funds in any amount, or is a
financial institution which is an issuing
and paying agent for U.S. savings bonds and savings notes:
subcontractor below the first tier which performs construction work at the site of construction shall be required to file suc
report if it meets the requirements of paragraph
s (i), (ii), and (iv) of this section.
Facilities provided for employees must be provided in such a manner that segregation on the basis of race, color, religion, o
national origin cannot result.
6.0 AFFIDAVIT OF WORK AUTHORIZATION
Comes now ______________________ as _______________________ first being duly
(Name) (Office Held)
Sworn on my oath, affirm ______________________ is enrolled and will continue
participate in a federal work authorization program in respect to employees that will
work in connection with the contracted services related to _________________ for
the duration of the contract, if awarded
in accordance with RSMo Chapter 285.530(2). I
also affirm that ________________________ does not and will not knowingly employ a
who is an unauthorized alien in connection with the contracted services related
to _________________ for the duration of the contract, if awarded.
In Affirmation therof, the facts stated above are true and correct (The unders
understands that false statements made in this filing are subject to the penalties
provided under Section 575.040, RSMo).
Signature of Person with Authority
Subscribed and sworn to before me this _______ of ___________, State of
_______________________, and my commission expires on _______________.
(Name of State)
Signature of Notary