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LOUDOUN COUNTY PUBLIC SCHOOLS

Business and Financial Services


Procurement Services
21000 Education Court, Suite 301
Ashburn, Virginia 20148
Telephone: 571-252-1270
Fax: 571-252-1432

RFP # R19197
CARRIER NEUTRAL DATA CENTER CO-LOCATION SERVICES

ISSUE DATE: Friday, October 19, 2018

ACCEPTANCE DATE: Tuesday, November 20, 2018 at 2:00 PM

ACCEPTANCE PLACE: Loudoun County Public Schools


Business and Financial Services
Procurement Services
21000 Education Court, Suite 301
Ashburn, VA 20148
Tel: 571-252-1270
Fax: 571-252-1432

➢ Requests for information related to this Proposal should be directed to Hind Zegoud, Procurement Supervisor
at hind.zegoud@lcps.org and Andrea Philyaw, Procurement Director at andrea.philyaw@lcps.org

➢ This document can be downloaded from our website: www.lcps.org; click on Procurement, then “Current
Solicitations”.

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN


ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT ANDREA PHILYAW
AT 571-252-1270 OR ANDREA.PHILYAW@LCPS.ORG
LOUDOUN COUNTY PUBLIC SCHOOLS
Ashburn, VA 20148

TO WHOM IT MAY CONCERN:

Loudoun County Public Schools is extending a Request for Proposal to your company. We hope that you will
consider entering a proposal. The information necessary to submit a proposal is here within contained.

Pursuant to and in compliance with this document and its enclosures hereinafter referred to as the Contract
Documents for: RFP# R19197 CARRIER NEUTRAL DATA CENTER CO-LOCATION SERVICES; the
undersigned, having become thoroughly familiar with the terms and conditions of this document and with the
local conditions which may affect performance and costs, hereby proposes and agrees to furnish all services
hereinafter specified, and to fulfill the intent of this agreement in accordance with this document as interpreted
by Loudoun County Public Schools. The proposer hereby designates as his office to which correspondence shall
be delivered.

Company Name:

Federal Identification Number or Social Security Number:

Authorized Agent (TYPED NAME):

Signature (IN BLUE INK):

Address:

Telephone Number/Toll Free (if available): Extension:

Fax Number:

E-Mail Address:

Date:

VA SCC Number:

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
TABLE OF CONTENT

1. PURPOSE....................................................................................................................................................................... 4
2. CONTRACT PERIOD ................................................................................................................................................... 4
3. COMPETITION INTENDED ........................................................................................................................................ 4
4. BACKGROUND ............................................................................................................................................................ 4
5. GENERAL REQUIREMENTS ...................................................................................................................................... 4
6. SERVICES REQUESTED ............................................................................................................................................. 6
7. INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS ............................................................... 10
8. EVALUATION CRITERIA: ........................................................................................................................................ 12
EXHIBIT A – VENDOR DATA SHEET ............................................................................................................................. 15
EXHIBIT B: PROPOSAL EXCEPTIONS ............................................................................................................................ 16
EXHIBIT C: PROPRIETARY CONFIDENTIAL INFORMATION IDENTIFICATION................................................... 17
EXHIBIT D: COMPLIANCE WITH VIRGINIA LAW FOR TRANSACTING BUSINESS IN VIRGINIA. .................... 18
EXHIBIT E – PRICING SCHEDULE .................................................................................................................................. 19
9. GENERAL PROVISION ............................................................................................................................................. 24

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RFP# R19197 Carrier Neutral Data Center Co-Location Services
1. PURPOSE
The intent and purpose of this Request for Proposals (RFP) is to establish multiple term contract through
competitive negotiations with qualified source(s) to provide a Colocation Data Center Services from a Carrier-
Neutral Data Center (CNDC) within or near the Loudoun County area for Loudoun County Public Schools
hereinafter referred to as “LCPS” or “District”.
2. CONTRACT PERIOD
The period of this contract shall be for a period of five (5) years with the option to renew for five (5) additional
one (1) year periods. Any renewal will be based on satisfactory performance by the contractor during the previous
contract period as to pricing, delivery and service to LCPS.
This contract may be renewed at the expiration of its term by agreement of both parties. Contract renewals must
be authorized by and coordinated through the Office of Procurement Services.
LCPS reserves the right to extend the contract for one (1) additional one-year period.
3. COMPETITION INTENDED
Nothing herein is intended to exclude any responsible service provider or in any way restrain or restrict
competition. On the contrary, all responsible service providers are encouraged to submit proposals.
In signing this proposal, offerors are certifying that this proposal is made without any previous understanding,
agreement or connection with any person, firm or corporation making a proposal for the same materials, supplies
or equipment and/or services and is in all respects fair without collusion or fraud.

4. BACKGROUND
This contracted Data Center location will support all information services, have connectivity to all campuses and
District facilities via a fiber based Wide Area Network to Data Center Interconnect network, provide cloud
connectivity, and support the infrastructure and services for the Internet systems for the District.
The existing LCPS Network Operations Center and Core (NOC) and the district’s information technology systems
Data Center Services (DC) are currently located at the District’s Data Center in the Education Center and the
Loudoun County Government Department of Information Technology Data Center. It is the intent of this
procurement process to provide the District a contracted Tier 3/4 data center to consolidate the current District
service locations and identified IT services into one facility and enable LCPS to increase the Service Levels for
application delivery and network access services.
LCPS will consider 3, 4 and 5 rack colocation options at the facility with a committed power service of 15 kW
up to 25 kW respectively for the collocated racks. The successful proposal will provide a solution that provides
the physical security, access, power, Heating, Ventilating, and Air Conditioning (HVAC), fire protection to meet
the current data centers level of service and will evaluate the additional value of N+1 capability and service to the
District with the additional cost. LCPS will look at the solution that provides flexibility to start with the required
space but have the ability to grow if required to an additional rack.

5. GENERAL REQUIREMENTS
The primary service criteria for LCPS in selecting the CNDC will be the ability for the provider (CNDC) to
provide a solution to meet the colocations requirements of the District as outlined within this Request for Proposal.
The base proposal will be for 4 racks with 16 kW on a five (5) year term. Other options will be evaluated to allow
the district to determine the most cost effective, scalable and flexible solution for the District.
As a part of the primary service request, LCPS will evaluate the solution to extend the Fiber WAN to the LCPS
contracted colocation space. To enable this data center migration to the colocation, LCPS will upgrade and
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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
replace the existing Wide Area Network to a fiber-based highly available WAN and implement high capacity,
low latency fiber-based Data Center connectivity between the District WAN and the contracted Data Center
identified from this RFP. The Data Center connectivity should provide from 4 strands (2 Pair) up to 16 strands
(8) pair of Single Mode Fiber from the Providers Demarcation in the Carrier Space (Meet Me Room) to the LCPS
Cage/Rack location. The successful Colocation proposal will provide a solution that enables the WAN and Data
Center fiber connections to be delivered to the LCPS Cage/Rack space within the colocation in a manageable and
cost-effective manner.
As a part of the primary service request. LCPS has a progressive and committed strategy to provide the
infrastructure and services required to support a transformed digital learning environment for all students. To
meet these requirements, LCPS will implement infrastructure with the ability to meet the near and long-term
targets set forth in the E-Rate Modernization Order for Internet and WAN bandwidths. It is the intent of the Data
Center Colocation Initiative to enable the Internet services required to meet the district’s needs. The successful
colocation solution will have direct access to a broad number of Internet service providers within the facilities
and an available solution to provide End to End connectivity (directly) or through partnerships to providers within
the Equinix Data Centers specifically #2 with Extended Cross Connects from the Port of the Provider at Equinix
DC #2 to the LCPS Rack.
In addition, it is the intent of LCPS as an outcome of this initiative to increase the service quality and service
provider options and lower cost to Public Cloud Providers, Internet Service Providers and private network and
cloud providers such as MAX and Internet 2. LCPS has a Cloud strategy that: 1) has moved a significant portion
on the District’s application workloads to public cloud services at AWS, 2) provides the Business Continuity and
Disaster Recovery strategy, and 3) supports the student device services by utilizing Google Chrome books and
associated Google Services. Through this Data Center Colocation process, LCPS plans to continue to move
services to the Public Cloud as technology and opportunity enables the move. The successful colocation solution
will enable this cloud strategy through either a direct cloud portal that is cost effective and efficient and/or through
an extended cross connect model to the Equinix Cloud Portal, MAX Cloud Service Portal and/or to the AWS
Direct Connect Port. Any associated cost to enable this Cloud Strategy should be included within the RFP
response.
The CNDC will be the District Data Center and the Primary Internet Point-of-Presence (IPoP) location for LCPS
over the term of the contract. LCPS will issue a separate but related Request for Proposal (RFP) to evaluate
service providers, cost and availability at the CNDC. LCPS will contract a 10 Gb Internet Port Service from a
Tier 1/2 high capacity, high quality, Internet Service Provider at the CNDC or from area Data Centers. LCPS
may request a peering and Internet related services such as Distributed Denial-of-Service (DDoS) protection,
managed services and aggregation with area education service providers at the CNDC as a collaborative value-
add option in a separate but related Request for Services. The successful proposal should bring value and options
for LCPS for the Internet, Cloud and related services.
LCPS will require the CNDC to provide collocation services. LCPS will consider 3, 4 and 5 rack colocation
options at the facility with a committed power service of 15 kW up to 25 kW respectively for the collocated racks.
The successful proposal will provide a solution that provides the physical security, access, power, Heating,
Ventilating, and Air Conditioning (HVAC), fire protection to meet the current data centers level of service and
will evaluate the additional value of N+1 capability and service to the District with the additional cost. LCPS
will look at the solution that provides flexibility to start with the required space but have the ability to grow if
required to an additional rack.
1
The Uptime Institute created the standard Tier Classification System to evaluate various data center facilities
in terms of potential site infrastructure performance, or uptime.

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RFP# R19197 Carrier Neutral Data Center Co-Location Services
6. SERVICES REQUESTED
LCPS request Colocation services from a Carrier-Neutral Data Center. The CNDC will have a network
connectivity model to enable the current LCPS WAN and VoIP services and provide benefits and solutions for
WAN and Internet connectivity throughout the term of the contract through a broad range of providers. The
CNDC will provide a solution to meet near and long-term needs of the district as specified below. LCPS will
evaluate two scenarios to utilize a colocation/CNDC – a Full NOC/DC Move and a Partial NOC/DC Move on a
five (5) year term. All options should identify the cost for additional power.
Base: Proposal # 1 Requirements (Consolidated NOC Move):
LCPS will evaluate proposals to move all current NOC and Data Center services, requiring 4 racks and a
committed 16 kW of power, to the contracted facility and the facility will service as the Primary NOC and Data
Center for the district. The proposal should include a solution for 4 racks, caged, with an estimated 16 kW of
power commit with per rack power ranging from 3 – 5 kW per rack. The proposal should provide the most
effective solution for contracted power between metered power and commit power contracts. The District will
evaluate a five (5) year contract term. The proposal should provide for the Right of First Refusal for an additional
rack space. The additional cost per kW should be defined.
Proposal # 2 Requirements (Partial NOC Move):
LCPS will evaluate proposals to move the NOC and critical Data Center services to the CNDC, requiring 3 racks
and a committed 15 kW of power. The facility will service as the Primary WAN demark for the current Fiber
WAN, Internet Point and Presence and Telecom Point of Presence. The proposal should include a solution for 3
racks, caging as an option if available, with an estimated 15 kW of power commit with per rack power ranging
from 3 – 5 kW per rack. The proposal should provide the most effective solution for contracted power between
metered power and commit power contracts. The District will evaluate a five (5) year contract term. The proposal
should provide for the Right of First Refusal for an additional rack space. The additional cost per kW should be
defined.
Proposal # 3 Requirements (Full NOC Move):
LCPS will evaluate proposals to move all current NOC and Data Center services to the CNDC, requiring 5 racks
and a committed 20 kW of power. The facility will service as the Primary WAN demark for the current Fiber
WAN, Internet Point and Presence and Telecom Point of Presence. The proposal should include a solution for 5
racks, caging as an option if available, with an estimated 20 kW of power commit with per rack power ranging
from 3 – 5 kW per rack. LCPS will consider a 25 kW commit also. The District will evaluate a five (5) year
contract term. The additional cost per kW should be defined.
LCPS will consider the most cost effectiveness to provide the required space and power considerations at the
optimal cost ratio. Minimum is 3 racks and 5 racks.

A. TECHNICAL SPECIFICATIONS AND QUALITY OF GOODS AND SERVICES


Facility Requirements
It is the goal of this project to provide a Tier 3 or 4 facility (Uptime Institute) as a minimum with a target of a
Tier 3 Professional Data Center (Uptime Institute) for the District’s Primary WAN and Internet Point-of-Presence
and as a location for primary and secondary Application Delivery Platforms, disaster recovery, backup and storage
systems. The primary facility must be located within or in close distance to the LCPS district physical boundaries.
Location
• WAN Connections: Supports Fiber WAN Services for Long Term.
• WAN Connections: Supports Fiber WAN Services for Short Term may be Verizon.

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RFP# R19197 Carrier Neutral Data Center Co-Location Services
• Physical Access from LCPS district area to the proposed facility is within a 30 minute and/or 30 miles from
current data center location during normal business circumstances.
• Physical Access from LCPS district area has multiple routes available during an emergency situation,
• Access to facility is not directly susceptible to flooding and wind impact.
• Access will not be impaired as a result of flooding or wind impact.
• Facility is not located in or near a flood plain or an earthquake zone or fault.
• Facility is not located within an area that has experienced impact from a hurricane and tornado.
• Facility is not located near railways, major utility pipelines, or hazardous materials routes or sites.
• Roadways and parking are secured around facility.
Business
• The Data Center Company has a minimum of three comparable references.
• The Data Center Company will have a reputation that reflects a consistent and established ability to deliver
the proposed service within the market. The company reputation can be reflected by awards, references,
business certifications, Data Center and Security Certifications such as SSAE 16 (SOC I type II), PCI DSS,
HIPAA, TIA 942 Class 4.
• The Data Center Company will have qualifications and experience for the services proposed as reflected by
certifications, current customers within the market, years in business in the market, number of full-time
employees in the market.
• The Data Center Company will be financial stable with the history or business model and finances to delivery
for short term three to five years and for a long-term contract of five to seven years as reflected in the company
history and financial reporting.
• The Data Center Company will provide online reporting or portal for managing the services, billing, ordering
and power usage.
• The Data Center Company will provide notification of maintenance and publish maintenance windows
information to LCPS with a minimum of 48 hours notice.
• The Data Center Company will provide real time notice and status of any system failures with post mortem
reports and actions. • The Data Center Company will provide disclosure of any existing or previous
contracts with LCPS.
• The Data Center Company has a Emergency Response Plan that is published, available, practices and
maintained.
Facility
• Data Center and Security Certifications such as SSAE 16 (SOC I type II), PCI DSS, HIPAA, TIA 942 Class
4 proposed must be current and maintained for the duration of the contract.
• Third party audit is available for review. A third-party audit will be performed to meet the required standards
and results provided to LCPS.
• Carrier-neutral, as well as dark-fiber connectivity option
• 100% uptime service level agreement on power
• 24x7 staffed NOC
• Remote/Smart hands support
• Dedicated cages available.
• Loading docks.
• Short-term storage.
• Secured shipping and receiving area.
• Conference room and facilities for on-site meetings and planning.
• The Data Center Operator must own the building or have a lease agreement in place for the full term of
proposed contract term.
• Purpose-built data center facility or a renovated facility that meets comparable building specifications as a
purpose-built facility.
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RFP# R19197 Carrier Neutral Data Center Co-Location Services
• The data center facility is designed to provide the proposed service levels with equipment located in a data
hall with adequate space for current requirements and possible expansion within the same contiguous space.
• The facility should be a Tier 3 facility (Uptime Institute) as a minimum.
• Based on FEMA 543, the facility location and building design impact the vulnerability and requirements of
the facility. The facility should provide resistance to any wind, flood and snow risk based on the location to
deliver the SLA.
• It is the intent of LCPS to contract a colocation facility that would provide the facility and critical
infrastructure for a Tier III data center with the maintenance, testing and operations program of the building
to deliver the SLA.
• The maintenance and testing program is defined and published with set policy and procedures that are
available to LCPS for evaluation during the term of the contract.
Power
• N+1 Power as the minimum requirement on all power components, 2N+2 Preferred with two independent
Power paths from the utility to the rack and an additional N+2 design for critical infrastructure such as
generators and UPS.
• Dual input Power Distribution Units (PDU) with automatic and static transfer switches.
• Each rack will have an A Power and B Power whip provided to each rack with complete redundancy from
power source.
• Dedicated generators, fuel and power design for facility to meet SLA.
• The facility maintains emergency fuel and power plans to meet SLA.
• Up to 8.4 kW of power for Data Center Racks.
• A maintenance, audit and performance report can be provided to LCPS to validate system operations.
• 100% Availability of Power.
• Pricing model that supports the district’s power requirements for 15 - 22 kW. The provider should provide a
solution that combines a basic usage budget with the ability to ramp to total power budget over a 6 month
implantation period.
• The district will consider both a Committed Power proposal and/or a Metered Power proposal. The provider
provides a power solution that meets the district’s needs and optimizes the providers space/power business
model.
• The solution provides LCPS the ability to manage and monitor the power and the provider to report and bill
for the recommended power model with real-time data and reporting.
• The facility has had no unplanned outages.
Cooling
• Facility design to manage a low Power Usage Effectiveness (PUE).
• Highly efficient chillers and cooling design for a low Power Usage Effectiveness (PUE) Rating.
• 100% Availability of Cooling.
• The guaranteed temperature control and humidity control of the facility is maintained to deliver the SLA.

Fire
• Fire Protection and Fire Suppression is available in the facility for heat, smoke, air sampling and laser.
• Very Early Smoke Detection Apparatus (VESDA) system is in place in the facility.
• Fire Protection Systems are maintained and tested regularly.
Security
• The facility will have defined Access Control and Customer Access Policy and Procedures and associated
personnel, facilities, systems to support the Access Control and Customer Access Service.
• Reinforced physical structure including concrete bollards, steel-lined walls, and bulletproof glass.
• Video surveillance and recording of the exterior and interior.
• On-site security guards 24 hours a day, 365 days a year.
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RFP# R19197 Carrier Neutral Data Center Co-Location Services
• Rigid access control.
• Cabinet and cage security options.
• LCPS will have 24/7/365 physical access to their space.
• The facility provides a holistic security solution including external, access, monitoring and reporting with the
associated personnel and policies.
• LCPS will have 24/7/365 access to remote hands/smart hands resources.
• Access security is provided at the roadway area, building access, data center hall access and cage access.

Network Requirements
One of the primary requirements of the CNDC is to the ability to support the LCPS WAN and Internet services.
LCPS will require advanced Internet services including Tier 1 and high-quality Internet Service Providers; local
advanced education and research networks or peering networks; and to telecommunication providers for WAN
connectivity to the district Network/Data Center, hubs and campuses.
Wide Area Network Center Requirements:
• Co-location facilities that will allow LCPS to extend the Wide Area Network into the facilities. The current
WAN providers for LCPS are Verizon, ENA and Zayo. LCPS will identify the new provider for the WAN
this fall.
• Four stands (2 Pair) to 16 strands (8 Pair) of Inter-Facility or cable bundled Single Mode Fiber Cable (IFC)
or Cable Installation from WAN carrier termination rack to the LCPS WAN Service Rack to support the
WAN to Data Center Interconnect solution.
• Cross Connects and design that facilitates connectivity to services within the facilities. 2 Cross Connects
should be priced within the proposal.
• Extended Cross Connects and design that facilitates connectivity to services in Equinix or external Data
Center. 2 Extended Cross Connects should be priced within the proposal or the recommended partner.
• The Facility has physically redundant data paths into the building that enables providers to deliver and/or
build highly available WAN and internet services into the building.
• The proposal will include an enabling business model to allow alternative fiber providers access to the
facility to service LCPS.
• Per Rack and power cost for full telecommunication 48U / 51U rack with a minimum of 4 kW of 2n+1 power
to rack.
• Equipment to be housed in rack will include but not limited to Fiber termination panels, BGP Router, Content
Filter Server, Next Generation Firewall District WAN Router and wireless core infrastructure.
• The cost for Smart Hands on a as needed basis.

Internet and Services Point of Presence Requirements:


• The facility will be carrier neutral and have a broad range of Internet providers within the facility with 10 Gb
Internet Port services available.
• The facility enables a cloud strategy for LCPS through direct or extended cross connects.
• The solution enables “extended” cross connects to services located at Equinix Ashburn or other service points.
• The proposal will include up to two (2) SMF cross connects for Internet Service Provider Connectivity and
SIP.
• The proposal will include an (1) AWS direct connect solution or Extended Cross Connect.
• The proposal will include an (1) Extended connect solution MAX Internet 2.
• The proposal will include an enabling business model to allow alternative service providers access to the
facility to service LCPS.
VoIP and SIP Services:
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RFP# R19197 Carrier Neutral Data Center Co-Location Services
• The facility will be carrier neutral and will have VoIP and SIP Service providers within the facility.

7. INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS


7.1 General Instructions:
1. RFP Response: In order to be considered for selection, offerors must submit a complete response to this
RFP. One (1) original and three (3) duplicate copies of the proposal along with an electronic copy of the
proposal on digital media in either Microsoft Word or PDF. Should the proposal contain proprietary
information, provide one (1) redacted hard copy and one electronic with proprietary portions
removed or blacked out. This copy should be clearly marked “Redacted Copy”. The classification of
an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets
is not acceptable. LCPS shall not be responsible for the Contractor’s failure to exclude proprietary
information from this redacted copy.
2. Proposal Preparation:
a. Proposals shall be signed by an authorized representative of the offeror. All information requested
should be submitted. Failure to submit all information requested may result in LCPS requiring prompt
submission of missing information and/or giving a lowered evaluation of the proposal. Proposals
which are substantially incomplete or lack key information may be rejected by LCPS. Mandatory
requirements are those required by law or regulation or are such that they cannot be waived and are
not subject to negotiation.

b. 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.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All
pages of the proposal should be numbered. Each paragraph in the proposal should reference the
paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph
number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers
more than one page, the paragraph number and subletter should be repeated at the top of the next
page. The proposal should contain a table of contents which cross-references the RFP requirements.
Information which the offeror desires to present that does not fall within any of the requirements of
the RFP should be inserted at an appropriate place or be attached at the end of the proposal and
designated as additional material. Proposals that are not organized in this manner risk elimination
from consideration if the evaluators are unable to find where the RFP requirements are specifically
addressed.

d. 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 and would be useful, but are not
necessary. 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 an Offeror to satisfy a "must" or "shall" requirement does not automatically remove
that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’
proposal.

e. Ownership of all data, materials, and documentation originated and prepared for LCPS pursuant to
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RFP# R19197 Carrier Neutral Data Center Co-Location Services
the RFP shall belong exclusively to LCPS and be subject to public inspection in accordance with the
Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an
offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act;
however, the offeror must invoke the protections of Virginia Code § 2.2-4342(F), in writing, either
before or 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.

f. All costs of proposal preparation and presentation shall be borne by the offeror. LCPS is not liable
for any cost incurred by the offeror prior to issuance of a contract.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an
oral presentation of their proposal to LCPS. This provides an opportunity for the offeror to clarify or
elaborate on the proposal. This is a fact finding and explanation session only and does not include
negotiation. LCPS will schedule the time and location of these presentations. Oral presentations are
optional and may or may not be conducted.

7.2 SPECIFIC PROPOSAL INSTRUCTIONS:

Proposals shall be as thorough and detailed as possible so that LCPS may properly evaluate offerors
capabilities to provide the required goods/services. Offerors are required to submit the following items as a
complete proposal:

Provide a specific plan for providing the service including:

1. Section 1 – Colocation Services Proposal: Provide a description of the Colocation services


proposed to meet the requirements of the Services Requested and incorporating the extent the
colocation service provides the network and facility requirements as specified within this request.

2. Section 2 – Corporate Experience and References: Provide a written narrative statement to


include:

a) The firm’s previous experience in providing the services described herein on projects
of similar scope and complexity, for other governmental agencies. Provide any
information regarding schedule adherence. Provide details of problems encountered and
the firm’s methods to overcome the problems.
b) References: Provide at least three (3) references for which work of a similar nature to
that described herein was performed within the past three years. The work shall be
similar in scope and complexity of the work specified herein. The reference should
include the name, title, address, phone number, and email for the person on the owner’s
team most intimate with the details of project being referenced. (Reference Attachment
A - Offeror Data Sheet)

3. Section 3 - Personnel and Management Plan:

a) Staffing: Provide the names, qualifications, degrees, certifications, experience and


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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
licenses of key employees, consultants, and sub-consultants to be assigned to the
project. Provide the length (time and number of projects) of relationship the offeror has
with the proposed employees, consultants, and sub-consultants. Provide a description
of what LCPS can expect regarding the firm’s Project management and Project Manager
commitment to the goals, schedule, and timely progress of the entire project.
b) Provide Resumes of key management staff to be assigned to the project. Resumes
shall be limited to no more than one and one-half (1-1/2) pages in length and prepared
in no smaller than a 10point font.
4. RFP Forms:
Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled
out as required.
a) Exhibit A – Vendor Data Sheet
b) Exhibit B – Proposal Exception
c) Exhibit C – Proprietary Confidential Information Identification
d) Exhibit D–Compliance with Virginia Law for Transacting Business in Virginia.
e) Exhibit E – Pricing Schedule

8. EVALUATION CRITERIA:

Proposals will be evaluated by LCPS using the following criteria.

Evaluation Criteria Max Point

1. The Colocation Services Quality and Extent the Proposal meets the 35
Specifications.

2. Capability and Services to Provide Solution. 15

3. Compliance with the Services Requested Option 5

4. Experience / Reference 5

5. Price 40

a. Acceptance or Rejection: LCPS reserves the right to accept or reject any or all proposals, in whole or in part,
to take exception to any RFP specifications, to make an award based solely on the proposals received or to
negotiate further with one or more offers. In addition, LCPS reserves the right to negotiate a contract with the
selected offeror(s), which is at variance with the RFP initially prepared by LCPS and/or responded to by the
offeror. Failure to comply with the RFP by an offeror, as determined by LCPS, may be grounds for the
exclusion of such offeror from further consideration by LCPS.

b. Selection: The selection by LCPS of any proposal as ultimately negotiated will be at LCPS’ entire discretion,
which discretion shall extend to purely subjective considerations solely exercisable by LCPS without regard
to a claimed lowest cost by any proposed vendor. LCPS is not required to furnish a statement of the reason
why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D).
Each requested service – Base, Full or Partial - will be evaluated independently.
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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
c. Price. Scoring relative to this criterion will be assigned as follows:
The price proposal per service request – Base, Full and Partial - will be tabulated with the Base services added
together as the Total Price for the evaluation for the allocated Points for Base Services. The Additional
Services will be tabulated separately. The services are defined in the price sheets as Base, Additional or
Alternative. The Base price will be evaluated on the Total Cost of Ownership with 60 months term with all
one-time and monthly recurring cost for base services included in the evaluation. The Base Services will be
weighted 75% and the Additional Services will be weighted 25% of the total points assigned.
The highest percentage commitment shall be scored the maximum number of allocated points.
Lowest Price Offered for Base Services = % Factor X Maximum Available = Points
Price of Offer being Evaluated for Base Services Points Assigned

Lowest Price Offered for Add Services = % Factor X Maximum Available = Points
Price of Offer being Evaluated for Base Services Points Assigned

d. Capability and Services to Provide Solution: Scoring relative to this criterion will be assigned as follows:
LCPS will evaluate the proposals by the proposed services as reflected in the price matrix for the Capability and
Services to Provide the Solution. The specific base services provided in additional to the quantity and quality of
the additional services will be evaluated as to the extend the proposal provides the capability and service to
provide a total, comprehensive solution.

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
8.1 Selection Procedures and Award
The General Contract Terms and Conditions set forth certain criteria which will be used in the receipt of
proposals and selection of the successful firm. In addition, the criteria set forth below will be considered.
8.1.1 Proposal Analysis Group
The Proposal Analysis Group may include representatives from each of the following Loudoun County
Public Schools Departments:
o Department of Support Services
o Department of Business and Finance
o Department of Digital Innovation
8.1.2 Evaluation Process
1. LCPS will compare any proposals against the cost of proposed service to evaluate the total cost of
ownership over a 10 to 20-year. Preference will be given to the vendor that provides a comprehensive,
cost effective solution for current specifications, future capacity requirements, and ongoing service
and support that best meets LCPS’ needs.
2. Award shall be made to the offeror whose proposal is determined to be the most advantageous, “Best
Value” to LCPS after taking into consideration the evaluation factors set forth in the RFP’s. The award
of a contract shall be at the sole discretion of LCPS. The award shall be based on the evaluation of all
information as LCPS may request. LCPS reserves the right to accept or reject any or all proposals in
whole or in part, even with SLD funding approval, and to waive any informality in the proposal if
determined to be in the best interests of LCPS. Further, LCPS reserves the right to enter into a contract
deemed to be in its best interest.
3. Evaluation of the offerors responding shall be based upon the criteria listed above, when determining
the “Best Value” proposal.

8.1.3. Notice of Award


A Notice of Award will be posted on the LCPS internet web site (www.lcps.org) and all offerors will
receive email notification of award.

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
EXHIBIT A – VENDOR DATA SHEET

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the
contractual requirements.
2. Vendor’s Primary Contact:
Name: __________________________________ Title: _________________________
Phone: _________________________ email: ____________________

3. Proposed Data Center Facility Name:

Data Center Address:

4. Years in Business: Indicate the length of time you have been in business providing this type of good or service:
__________ Years ________ Months

5. Indicate below a listing of at least three (3) current or recent accounts, either commercial or governmental, that
your company is servicing, has serviced, or has provided similar goods/services. Include the length of service and
the name, address, and telephone number of the point of contact. In addition to this section, please submit a more
detailed list of references including description of the scope of services provided and email address of the contact
person.

A. Company: _________________________________
Contact: __________________________________
Phone :(_____) ___________________ Fax: (_____) _________________ Email: __________________
Project: ______________________________________________________________________________
Dates of Service: _________________________________$ Value: ______________________________
B. Company________________________________
Contact: ____________________________________
Phone :(_____) _______________________ Fax: (_____) _____________ Email: _________________
Project: ______________________________________________________________________________
Dates of Service: _________________________________$ Value: ______________________________

C. Company: ________________________________
Contact: ____________________________________
Phone :(_____) ________________Fax :(_____) ______________ Email: ________________________
Project: ______________________________________________________________________________
Dates of Service: _________________________________$ Value: ______________________________

I certify the accuracy of this information.

Signed: ___________________Title: _____________________________Date: ___________

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RFP# R19197 Carrier Neutral Data Center Co-Location Services
EXHIBIT B: PROPOSAL EXCEPTIONS

Any exceptions from the proposal conditions must be noted on this page. If no exceptions are noted,
it will be our understanding that the vendor is in agreement with the preceding conditions.

Vendor Name:

Authorized Signature:

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
EXHIBIT C: PROPRIETARY CONFIDENTIAL INFORMATION IDENTIFICATION

Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure
under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-
4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted.
The written notice must specifically identify the data or materials to be protected including the section of
the proposal in which it is contained and the page numbers, 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. In addition, a summary of proprietary information submitted shall
be submitted on this form. The classification of an entire proposal document, line item prices, and/or total
proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the
offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Name of Firm/Offeror: __________________________________________________, invokes the


protections of § 2.2-4342F of the Code of Virginia for the following portions of my proposal submitted on
_______________.
Date
Signature: ____________________________________
Title: ________________________________________

DATA/MATERIAL TO BE SECTION NO., & PAGE NOREASON WHY PROTECTI


PROTECTED IS NECESSARY

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
EXHIBIT D: COMPLIANCE WITH VIRGINIA LAW FOR TRANSACTING BUSINESS IN
VIRGINIA.

The undersigned hereby agrees, if this Bid/Offer is accepted by LCPS, for such services and/or items that the undersigned
has met the requirements of the Virginia Public Procurement Act § 2.2-4311.2.

Please complete the following by checking the appropriate box:

A. Bidder/offeror is a corporation or other business entity with the following Virginia SCC identification number:
__________________________.

B. Bidder/offeror is not a corporation, limited liability company, limited partnership, registered limited liability
partnership, or business trust –OR-

C. is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and
customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or
agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not
counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in
accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s/offeror’s out-of-state
location) –OR-

D. is an out-of-state entity that is including with this bid/offer an opinion of legal counsel which accurately and
completely discloses the undersigned bidder’s/offeror’s current contacts with Virginia and describes why those contacts do
not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles
13.1 or 50 of the Code of Virginia.

E. Check this box if you have not completed any of the foregoing options but currently have pending before the VA
SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a
waiver to allow you to submit the SCC identification number after the due date for bids (LCPS reserves the right to determine
in its sole discretion whether to allow such waiver). Attach proof of application.

________________________________________________________________
Legal Name of Company (as listed on W-9)

________________________________________________________________
Legal Name of Bidder

_______________________________
Date

________________________________________________________________
Authorized Signature

________________________________________________________________
Print or Type Name and Title

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
EXHIBIT E – PRICING SCHEDULE
The offeror shall provide a proposed pricing schedule below to include all costs. Offeror may submit multiple
configurations and pricing structures, each on a separate pricing form to include a firm fixed price with a line
item budget that, at a minimum, description of type of work performed by each category. Offeror also may submit
“Added Value” services and/or options on a separate pricing form.

1.0 BASE PRICE PROPOSAL #1 CONSOLIDATED NOC: (Five (5) Year Term)
Requested Services Description of Included One Time Monthly
Services or notation to Cost Recurring
service and price sheets.

1.1. Base Service: The service will provide


colocation space for 4 racks with caging with
16 kW of Power with standard Key Card
Cage Door Access.

1.2 Additional Service: Cost of additional


power per kW.

1.3 Additional Service: ROFR for additional


Rack and Space.
1.4 Additional Service: Provide 4 Rack
Enclosure, 48U to 51U standand 24” width,
cable management, cable trays, secure
doors, installation.

1.5 Base Service: Deliver power to racks with


2N 208 30 Amp Single Phase power whip
pairs for each rack.

1.6 Additional Service: Provide Metered/Smart


PDU solution for each rack.

1.7 Base Service: 2 pair Single Mode Fiber


WAN Interconnect Cable from fiber
provider termination to LCPS Rack.

1.8 Alternative Service: 8 pair Single Mode


Fiber WAN Interconnect Cable from fiber
provider termination to LCPS Rack.

1.9 Base Service: 2 Fiber cross-connections to


Internal Service Providers.

1.10 Base Service: 2 Fiber End to End Extended


Cross-Connections to Equinix DC #2.

1.11 Additional Service: The service will provide


an hourly cost for services above the two
hours included billable in 15-minute
increments.

1.12 Additional Service: Other services options


with associated cost.
Provide a Power and Space Ramp Option: Month 1-6: 1 Racks and 4 kW of Power.
Month 7-60: 4 Racks and 16 kW of Power.

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
2.0 Full NOC Move - Five (5) Year Term
Requested Services Description of Included One Time Cost Monthly
Services or notation to Recurring
service and price sheets.

2.1 Base Service: The service will provide


colocation space for 5 racks with caging with 20
kW of Power with standard Key Card Cage Door
Access.

2.2 Alternative Service: The service will provide


colocation space for 5 racks with caging with 25
kW of Power with standard Key Card Cage Door
Access

2.3 Additional Service: Cost of additional power per


kW.

2.4 Additional Service: Provide 5 Rack Enclosure,


48U to 51U standand 24” width, cable
management, cable trays, secure doors,
installation.

2.5 Base Service: Deliver power to racks with 2N


208 30 Amp Single Phase power whip pairs
for each rack.

2.6 Additional Service: Provide Metered/Smart PDU


solution for each rack.

2.7 Base Service: 2 pair Single Mode Fiber WAN


Interconnect Cable from fiber provider
termination to LCPS Rack.

2.8 Alternative Service: 8 pair Single Mode Fiber


WAN Interconnect Cable from fiber provider
termination to LCPS Rack.

2.9 Base Service: Qty 2 - Fiber cross-connections


within facilities.

2.10 Base Service: Qty 2 - Fiber End to End


Extended Cross-Connections to Equinix DC #2.

2.11 Additional Service: The service will provide an


hourly cost for services above the two hours
included billable in 15-minute increments.

2.12 Additional Service: Other services options with


associated cost.

Provide a Power and Space Ramp Option: Month 1-6: 1 Racks and 5 kW of Power.
Month 13–60: 5 Racks and 20 kW of Power.

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
3.0 Partial NOC Move - Five (5) Year Term

Requested Services Description of Included One Time Monthly


Services or notation to Cost Recurring
service and price sheets.
3.1 Base Service: The service will provide
colocation space for 3 racks with caging with
15 kW of Power with standard Key Card Cage
Door Access.

3.2 Additional Service: Cost of additional power


per kW.

3.3 Additional Service: ROFR for additional


Rack and Space.
3.4 Additional Service: Provide 3 Rack Enclosure,
48U to 51U standand 24” width, cable
management, cable trays, secure doors,
installation.

3.5 Base Service: Deliver power to racks with 2N


208 30 Amp Single Phase power whip pairs
for each rack.

3.6 Additional Service: Provide Metered/Smart


PDU solution for each rack.

3.7 Base Service: 2 pair Single Mode Fiber WAN


Interconnect Cable from fiber provider
termination to LCPS Rack.

3.8 Alternative Service: 8 pair Single Mode Fiber


WAN Interconnect Cable from fiber provider
termination to LCPS Rack.

3.9 Base Service: 2 Fiber cross-connections to


Internal Service Providers.

3.10 Base Service: 2 Fiber End to End Extended


Cross-Connections to Equinix DC #2.

3.11 Additional Service: The service will provide


an hourly cost for services above the two hours
included billable in 15-minute increments.

3.12 Additional Service: Other services options


with associated cost.

Provide a Power and Space Ramp Option: Month 1-6: 1 Racks and 5 kW of Power.
Month 7-60: 3 Racks and 15 kW of Power.

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
4.0 PRICE DETAIL FOR PROPOSAL FOR Rack Enclosure Systems:

LCPS reserves the right to evaluate and award the following proposals independently from the above
requested proposals and to not award the proposal. This section for Rack Enclosures is an independent
by related component of the Data Center Colocation Service proposal.
Secure Enclosures (cabinets) Systems.
LCPS will evaluate proposals for a 24”x48/51U cabinet and cabinet enclosure system to include the frames with
vertical mounting rails and a zero-U accessory channel, front and rear door, side panels, roof with cable
penetrations, castors, leveling feet, etc. The proposal should include shelving, stabilization hardware, Power
management Rack power distribution unit (rPDU), Blank panel, Cable management including Vertical or
horizontal cable and overhead cable troughs and partitions; rack access control and manage rack access privileges.
Configuration design services proposal and installation can be included in the proposal.

1 Secure Enclosure Systems

Requested Product,
Configuration Design and Manufacturer, Part #, Description Per Unit Cost Total Cost
Installation
Qty 4: White Secure Cabinet
Enclosure Systems with frames
and vertical mounting rails and
zero-U Channel, front and rear
doors (locking), side panels, roof
with cable penetrations, castors
and/or leveling feet.

Power Management with


Metered/Smart Power Distribution
Units for 208v 30A single Phase
Power with dual power Whips (A
and B) for 4 Racks.

Vertical Cable Management for 4


Racks

Overhead Cable Troughs and


Partitions for 4 Racks.

Accessories – White Panel

Optional Door Access Solutions


for Cage: Biometrics.

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
9. GENERAL PROVISION

9.1 Questions, Comments and Inquiries: Questions, comments and inquiries, both verbal and written,
will be accepted from any and all firms, and must be received on October 30, 2018 at 1:00PM. LCPS
will not be obligated to answer those questions submitted after October 30, 2018 at 1:00PM Answers
to material questions will be answered in the form of addenda which will be posted on the LCPS
website in accordance with paragraph 9.2.

9.2 Addendum and Supplement to Request: If it becomes necessary to revise any part of this request
or if additional data are necessary to enable an exact interpretation of provisions of this request, an
addendum will be issued. It is the responsibility of the offeror to ensure that he has received all
addenda prior to submitting a proposal. It is the Offeror’s responsibility to check LCPS’ website
listing frequently for any addenda, and to ensure that all solicitation information is complete
and accurate. Access to all addenda is as follows: go to www.lcps.org, click on “Procurement,”
then “Current Solicitations.”

9.3 Authority to Bind Firm in Contract: Proposals MUST give full firm name and address of offeror.
Failure to manually sign proposal may disqualify it. Person signing proposal should show TITLE
or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. To satisfy this requirement, the
Professional Services proposal form shall be completed and included with the proposal.

9.4 Preparation and Submission of Proposals


a. All proposals shall be signed in blue ink by authorized representatives of the Firm submitting
the proposal.
b. Complete all attachments to the Request for Proposal (except as noted) and include in the
proposal submission.
c. Proposals are to be submitted in a sealed container. The face of the container shall indicate
the name of the firm, the RFP number, time and date of public acceptance, and the title of the
proposal.
d. Proposals must be received by Procurement Services not later than the date and time indicated
in the RFP.

9.5 Withdrawal of Proposals


a. All proposals submitted shall be valid for a minimum period of one year or (365) calendar days
following the date established for acceptance.
b. Proposals may be withdrawn on written request from the offeror at the address shown
in the solicitation prior to the time of acceptance.
c. Negligence on the part of the offeror in preparing the proposal confers no right of withdrawal
after the time fixed for the acceptance of the proposals.

9.6 Loudoun County Public Schools Furnished Support/Items: The offeror shall indicate the
necessary telephones, office space and materials the offeror requires. LCPS may furnish these

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
facilities if it considers them reasonable, necessary, and available for the offeror to complete their
task.

9.7 Subconsultants: Offerors shall include a list of all subconsultants in their proposal. Proposals shall
also include a statement of the subconsultant’s qualifications. LCPS reserves the right to reject the
successful firm's selection of subconsultants.

9.8 References: All offerors shall include, with their proposals, a list of at least three (3) current
references for whom comparable work has been performed in the past three years. This list shall
include company name, person to contact, address, email address and telephone number. Failure to
include references may be ample cause for rejection of proposal as non-responsive.

9.9 Late Proposals: Late proposals will not be accepted after the date and time specified.

9.10 Rights of Loudoun County Public Schools: LCPS reserves the right to accept or reject any and all
proposals received by reason of this request, or to negotiate separately in any manner necessary to
serve the best interests of LCPS. Offerors whose proposals are not accepted will be notified in
writing.

9.11 Prohibition as Subcontractors: No offeror who is permitted to withdraw a proposal shall, for
compensation, supply any material or labor to or perform any subcontract or other work agreement
for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly,
from the performance of the project for which the withdrawn proposal was submitted.

9.12 Miscellaneous Requirements


A. LCPS will not be responsible for any expenses incurred by a firm in preparing and submitting a
proposal. All proposals shall provide a straightforward, concise delineation of the firm's
capabilities to satisfy the requirements of this request. Emphasis should be on completeness and
clarity of content.
B. The contents of the proposal submitted by the successful offeror and this RFP will become part of
any contract awarded as a result of the Scope of Services contained herein. The successful firm will
be expected to sign a contract with LCPS.

9.13 Debarment: By submitting their offers, offerors certify that they are not currently debarred by the
Commonwealth of Virginia or the federal government from submitting bids or proposals on
contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of
any person or entity that is currently so debarred.

9.14 Procedures: The extent and character of the services to be performed by the firm shall be subject
to the general control and approval of the Assistant Superintendent for Digital Innovation and/or
their authorized representative(s). The firm shall not comply with requests and/or orders issued by
other than the Assistant Superintendent of Digital Innovation and/or their authorized
representative(s) acting within their authority for LCPS. Any change to the contract must be
approved in writing by the Purchasing Agent and the successful offeror.
The successful offeror is prohibited from assigning, transferring, conveying, subletting, or
otherwise disposing of this agreement or its rights, title or interest therein or its power to execute

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
such agreement to any other person, company or corporation without the prior consent and approval
in writing by LCPS.

9.15 Contract Quantities and Procedures for Distributing Multiple Projects


A. Contract Quantities
The potential assignments identified in this RFP are for information to the offeror and for proposal
evaluation purposes only. They do not necessarily indicate the actual assignments that will be
ordered since such tasks will depend upon requirements that develop during the contract period.
Tasks or quantities shown shall not be construed to represent any amount which LCPS shall be
obligated to purchase under the contract, or relieve the successful offeror of his obligation to fill all
orders placed by LCPS.
NO PROPOSAL WILL BE CONSIDERED WHICH STIPULATES THAT LOUDOUN
COUNTY PUBLIC SCHOOLS SHALL GUARANTEE A MINIMUM NUMBER OF
PROJECT ASSIGNMENTS.

9.16 Price Escalation/De-escalation: Rates for each renewal period may be increased or decreased, with
such increase or decrease not to exceed the percentage change in the latest Consumer Price Index
for Urban Wage Earners and Clerical Workers (CPI-W), Special Indexes, all items less food and
energy. In no circumstances shall any increase exceed two percent (2%) per year.

9.17 Loudoun County Public Schools Reserved Rights: LCPS reserves the right, at its sole discretion,
to issue RFP’s for similar work and other projects as the need may occur. LCPS also reserves the
right to issue Purchase Orders, and to expand or otherwise modify existing Purchase Orders, to other
Open-End consultants based on its sole discretion, in consideration of its knowledge and/or
evaluation of each consultant’s qualifications, expertise, capabilities, performance record, current
ability to perform, location and/or distance to the project, and any and all other factors as may be
pertinent to the particular project and for the convenience of LCPS.

9.18 Delays: If delay is foreseen, the successful offeror shall give thirty (30) days prior written notice to
Procurement Services. LCPS has the right to extend the completion date if reasons appear, in the
sole discretion of LCPS, to be valid. The successful offeror must keep LCPS advised at all times of
status of order. Default in promised completion (without accepted reasons) or failure to meet
specifications, authorizes Procurement Services to purchase services elsewhere and charge full
increase in cost and handling to defaulting offeror.

9.19 Safety Data Sheets: By law, LCPS will not receive any materials, products, or chemicals, which
may be hazardous to an employee’s health unless accompanied by a Safety Data Sheet when
received.

9.20 License Requirement: All firms doing business with LCPS is required to be licensed in accordance
with the County's "Business, Professional, and Occupational Licensing (BPOL) Tax" Ordinance.
Wholesale and retail merchants without a business location in Loudoun County are exempt from
this requirement. Questions concerning the BPOL Tax should be directed to the Office of

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
Commissioner of Revenue, telephone (703) 777-0260. The BPOL license number must be
indicated on the Professional Services proposal form of this Request for Proposal.

9.21 SCC Information


Effective July 1, 2010, the Code of Virginia was amended to require that an offeror organized or
authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50
of the Code of Virginia, as amended or otherwise required by law, shall include in its bid or proposal
the Identification Number issued to such offeror by the Virginia State Corporation Commission
(SCC).
Furthermore, any bidder or offeror that is not required to be authorized to transact business in the
Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or
as otherwise required by law, shall include in its bid or proposal a statement describing why the
offeror is not required to be so authorized.
The offeror’s SCC number must be included on the Proposal Form (pg. 2) where indicated.
For more information on this requirement, vendors should consult with their attorney and/or contact
the Virginia State Corporation Commission at (804) 371-9967; or email at
sccinfo@scc.virginia.gov. Their website is: www.scc.virginia.gov/index.aspx.

9.22 Payment of Taxes: All successful offerors located or owning property in Loudoun County shall
assure that all real and personal property taxes are paid.

9.23 Insurance
A. The successful offeror shall provide the requirements of this section to their insurance agent or
broker and obtain at their own expense all of the insurance called for hereunder. All required
insurance coverages must be acquired from insurers Best Rated A-IV or better, licensed and
authorized to do business in the Commonwealth of Virginia and acceptable to LCPS. The
insurance coverages shall have a minimum forty-five (45) day written notice to LCPS of any
cancellation, non-renewal, or material change in coverage. No acceptance and/or approval of
any insurance by LCPS shall be construed as relieving or excusing the successful offeror from
any liability or obligation imposed upon them by the provisions of the RFP and resulting contract
documents.

B. The successful offeror assumes all risk for direct and indirect damage or injury to the property
or persons used or employed on or in connection with the work, services or products contracted
for, and of all damage or injury to any person or property wherever located, resulting from any
action, omission, commission or operation under the contract, or in connection in any way
whatsoever with the successful offeror’s work, services or products.

C. The successful offeror shall provide LCPS with an original, signed Certificate of Insurance
stating that LCPS is the Certificate Holder and Additional Insured as its interests may appear in
the contracted services, and identifying the RFP Number and Title. Copies of policies and
endorsements shall be made available to LCPS upon request. The Certificate of Insurance shall
be sent to the Procurement Office, Loudoun County Public Schools, 21000 Education Court,
Suite 301, Ashburn, VA 20148 prior to the start of work. The requested policies and insurance

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Loudoun County Public School
RFP# R19197 Carrier Neutral Data Center Co-Location Services
certificate shall provide evidence of the following minimum insurance coverage and limit
requirements:

1. Workers’ Compensation—Statutory Benefits including broad form coverage for all states.
Where appropriate, coverage is to be included for the United States Longshoreman and Harbor
Workers' Compensation Act, Maritime including Jones Act, Federal Employers Liability Act
and any other applicable federal or state law.

2. Employers’ Liability Insurance—shall be $1,000,000 bodily injury by accident/each accident,


$1,000,000 bodily injury by disease each employee, and $1,000,000 bodily injury by disease
policy limit.

3. Commercial General Liability Insurance naming Loudoun County Public Schools and the
County of Loudoun as additional insureds—$1,000,000 each occurrence and aggregate limit
shall be designated to apply per project and per premises. The successful offeror shall continue
to maintain Products/Completed Operations coverage for a period of three years after the
contract completion date.

4. Business Auto Liability Insurance—combined single limit of $1,000,000 per accident with
Coverage including owned, non-owned and hired autos.

5. Umbrella or Excess Liability Insurance over the above listed coverages naming Loudoun
County Public Schools and the County of Loudoun as additional insureds as per the underlying
or primary Liability insurance—$2,000,000 each occurrence and aggregate limit shall be
designated to apply per project and per premises.

6. Professional Liability (Errors and Omissions) Insurance—$2,000,000 each occurrence


covering Construction Design and Management Services, Architects and Engineers services,
Professional Consulting services, and any other professional or certified services required to
fulfill the requested scope of work on behalf of LCPS and the County.
The coverages afforded by the Professional Liability E&O Policy (or umbrella or excess policy
with respect to it) shall apply to the offerors’ officials, officers, agents and employees for
claims arising out of or in connection with the work or services provided under this contract.
The E&O Policy shall include the successful offeror and the offeror's subcontractors and
subconsultants of every tier as the offeror designates in the declarations. The successful offeror
shall continue to maintain professional liability insurance in the required amount for a period
of five (5) years after final completion of the projects for which it provides professional
services.

7. Contractor’s Pollution Legal Liability Insurance, if applicable, with a limit of liability not less
than $1,000,000 each occurrence and $2,000,000 annual aggregate. The Contractor agrees the
policy shall include a minimum three (3) year discovery (tail) reporting period, and a
retroactive date that equals or precedes the effective date of the contract or the performance of
work hereunder.
8. Inland Marine Builder’s Risk/Installation Insurance. The Contractor, prior to notice to proceed
or commencement of work, whichever occurs first, agrees to maintain an inland marine
builder’s risk insurance coverage form with an amended policy period of no less than 22
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months, if available, providing coverage to protect the interests of the Owner, Contractor, Sub-
Contractors, including property acquired, property in transit, and property on or off-premises,
which shall become part of the work.

Coverage shall be written on an all-risk, replacement cost, and completed value form basis in
an amount at least equal to one-hundred 100% of the projected completed value of the work,
as well as subsequent modifications of that sum due to Change Orders. This policy shall also
include Delay Cost coverage for soft costs, which shall at a minimum include additional
expenses for interest, legal, consulting, insurance, architectural and engineering, contractor’s
overhead and general conditions and equipment rental. The period of indemnity shall not be
less than twelve (12) months and the limit of Delay Cost coverage not be less than ten (10)
percent of the projected completed value of the work and shall be a scheduled limit on the
policy in addition to a scheduled limit on the policy for the hard cost coverage. The waiting
period for Delay Cost coverage may not exceed 30 days. Collectively, the scheduled soft cost
limit and hard cost limit may equal one-hundred percent of the projected value of the work,
unless the builder’s risk carrier requires the Delay Cost coverage to be in addition to the 100%
projected value of the work. Contractor agrees to be responsible for reporting increases in the
projected completed value of the work due to Change Orders to its insurance carrier.

D. Subcontractor or Subconsultant Insurance—Nothing contained in the specifications shall be


construed as creating any contractual relationship or liability between any subcontractor or
subconsultant and LCPS. The successful offeror shall be as fully responsible to LCPS for the
injuries, damages, acts and omissions of the subcontractors/subconsultants and/or persons
employed by them as it is for persons directly employed by it.

E. Safety and Health Regulations—The successful offeror and all subconsultants are to comply with
the Occupational Safety and Health Act of 1970, Public Law 91-956, as well as any local and state
Safety and Occupational Health Standards and any other rules and regulations as they may apply
to this contract. Also, the successful offeror and subconsultants shall be held responsible for the
safety of their employees and any unsafe acts or conditions that may cause injury or damage to
any persons or property within and around the work site areas under this contract.

F. Contract Control of All Tasks—Contractual and other liability insurance provided under this
contract shall not contain a supervision or inspection exclusion that would preclude LCPS from
supervising and/or inspecting the services provided. The successful offeror’s firm shall assume
all on-the-job responsibilities as to the control of persons directly employed by it and of the
subconsultants and any persons employed by the subconsultants.

G. Coverage shall be Primary—The insurance provided by the successful offeror pursuant to the
resulting contract shall apply on a primary basis and any other insurance or self-insurance
maintained by LCPS, Loudoun County School Board, or its officials, officers, agents or employees
shall be excess of and not contributing with the insurance provided by or on behalf of the successful
offeror.
H. Claims Made Coverage Forms—The coverages other than Workers' Compensation may be either
on an occurrence or a claims-made basis. Provided, however, that claims made coverage for other
than the Products/Completed Operations shall respond to claims arising out of accidents,
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occurrences, incidents and offenses happening after the commencement of the resulting contract
but before the end of the contract completion date provided that the claim is made within five years
after the contract completion date. Provided further, that claims-made arising out of accidents,
occurrences, incidents and offenses happening after the commencement of the resulting contract
but before the end of three years after the contract completion date provided that the claim is made
within eight years after the contract completion date.

9.24 Indemnity and Hold Harmless Provision: The successful offeror shall indemnify, defend, and
hold harmless LCPS, Loudoun County School Board, its officials, employees, agents, and
representatives, County, its officials, employees, agents and representatives thereof from all suits,
actions, or claims of any kind, including attorney's fees, brought on account of any personal injuries,
damages, or violations of rights, sustained by any person or property in consequence of any neglect
in safeguarding contract work or on account of any act or omission by the successful offeror or his
employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance,
regulation or decree. The successful offeror agrees that this clause shall remain in effect during the
term of the contract including any warranty period and shall include claims involving infringement
of patent or copyright.

9.25 Cooperative Procurement: As authorized in Section 2.2-4304 of the Code of Virginia, if


applicable, this procurement is being conducted on behalf of and may be used by public bodies,
agencies, institutions, and localities of the several states, territories of the United States, and the
District of Columbia with the consent of the contractor.

9.26 Notice of Required Disability Legislation Compliance: LCPS is required to comply with state
and federal disability legislation: The Rehabilitation Act of 1993 Section 504, The Americans
with Disabilities Act (ADA) for 1990 Title II and The Virginians with Disabilities Act of 1990.
Specifically, LCPS, may not, through its contractual and/or financial arrangements, directly or
indirectly avoid compliance with Title II of the Americans with Disabilities Act, Public Law 101-
336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects
qualified individuals with disability from discrimination on the basis of disability in the services,
programs, or activities of all State and local governments. It extends the prohibition of
discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section
504 to all activities of State and local governments, including those that do not receive Federal
financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability
in Titles I, III, and V of the Americans with Disabilities Act. The Virginians with Disabilities Act
of 1990 follows the Rehabilitation Act of 1973 Section 504.

9.27 Ethics in Public Contracting


The provisions contained in Sections 2.2-4367 through 2.2-4377 of the Virginia Public Procurement
Act as set forth in the 1950 Code of Virginia, as amended, shall be applicable to all contracts solicited
or entered into by Loudoun County Public Schools. A copy of these provisions may be obtained
from the Procurement Agent upon request.
The provisions of this article supplement, but do not supersede, other provisions of law including,
but not limited to, the Virginia Conflict of Interest Act (§2.1-348 et. seq.), the Virginia Governmental
Frauds Act (§18.2-498.1 et. seq.) and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions

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apply notwithstanding the fact that the conduct described may not constitute a violation of the
Virginia Conflict of Interests Act.

9.28 Employment Discrimination by Successful Offerors Prohibited


Every contract of over $10,000 shall include the following provisions:
A. During the performance of this contract, the successful offeror agrees as follows:
1. The successful offeror will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age or disability, or any
other basis prohibited by state law relating to discrimination in employment, except where
there is a bona fide occupational qualification reasonably necessary to the normal operation
of the successful offeror. The successful offeror agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
2. The successful offeror, in all solicitations or advertisements for employees placed by or on
behalf of the successful offeror, shall state that such successful offeror is an equal
opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient to meet this requirement.
B. The successful offeror will include the provisions of the foregoing paragraphs (1, 2, and 3) in
every subcontract or purchase order of over $10,000, so that the provisions will be binding upon
each subconsultant or vendor.

9.29 Drug-free Workplace


Every contract of over $10,000 shall include the following provisions:
A. During the performance of this contract, the successful offeror agrees to:
1. Provide a drug-free workplace for the successful offeror’s employees;
2. Post in conspicuous places, available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the successful
offeror’s workplace and specifying the actions that will be taken against employees for
violations of such prohibition;
3. State in all solicitations or advertisements for employees placed by or behalf of the successful
offeror that the successful offeror maintains a drug-free workplace; and
B. The successful offeror will include the provisions of the foregoing clauses in every subcontract
or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant
or vendor.
For the purpose of this section, “drug-free workplace” means a site for the performance of work
done in connection with a specific contract awarded to a successful offeror in accordance with this
chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana during the
performance of the contract.

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9.30 Faith-Based Organizations: LCPS does not discriminate against faith-based organizations.

9.31 Best Pricing: Successful offeror agrees that the pricing offered is equal to or less than prices
offered on other contracts with similar terms and conditions.

9.32 Substitutions: NO substitutions, including key personnel, or cancellations will be permitted after
award without written approval by Procurement Services.

9.33 Invoicing and Payment: The successful offeror shall submit invoices on a monthly basis and shall
include a detailed breakdown of all charges for that monthly period. Incomplete invoices may be
returned, resulting in processing delays. The following information shall be included in all
invoices:
A. General
● Firm Name, Address and Phone No.
● Brief Contract Description
● Contract Number (LCPS RFP No.)
● Firm Job Number
● Unique Invoice Number
● Federal ID No.
● Invoice Date
● Invoice Period
● Date of Original Agreement
● Agreement Expiration Date
B. Contract Cost Summary Information:
● Contract Budget
● Approved Change Orders to Date
● Billed this Invoice
● Previously Billed
● Contract-to-Date Billed
● Amount Remaining
● Percent (%) of Budget Expended
● Signature Certification that the information submitted is accurate
● Signature Date
● Owner (LCPS) Signature Certification and Date
Subconsultants are required to provide the same information to the prime consultant. Invoices shall
be based upon completion of tasks and deliverables. All approved invoices will be paid promptly
by LCPS unless any items thereon are disputed, in which event payment will be withheld pending
verification of the amount claimed and the validity of the claim. The successful offeror shall provide
complete cooperation during any such investigation. All invoices shall be forwarded to the
following address:
Loudoun County Public Schools
Digital Innovation
21000 Education Court
Ashburn, Virginia 20148
Attention: Aaron Smith, Director of Systems and Applications
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Individual consultants shall provide their social security numbers, and proprietorships, partnerships,
and corporations shall provide their federal employer identification number on the pricing
form/invoice.

9.34 Payments to Subconsultants: Within seven days after receipt of amounts paid by LCPS for work
performed by a subconsultant under this contract, the successful offeror shall either:
A. Pay the subconsultant for the proportionate share of the total payment received from LCPS
attributable to the work performed by the Subconsultant under this contract; or
B. Notify LCPS and subconsultant, in writing, of his intention to withhold all or a part of the
subconsultant's payment and the reason for non-payment.
The successful offeror shall pay interest to the subconsultant on all amounts owed that remain unpaid
beyond the seven-day period except for amounts withheld as allowed in item B. above. Unless
otherwise provided under the terms of this contract, interest shall accrue at the rate of one
percent per month. The successful offeror shall include in each of its subcontracts a provision
requiring each subconsultant to include or otherwise be subject to the same payment and interest
requirements as set forth above with respect to each lower-tier subconsultant. The successful
offeror's obligation to pay an interest charge to a subconsultant pursuant to this provision may not
be construed to be an obligation of LCPS.

9.35 Prime Successful Offeror Responsibilities: The successful offeror(s) shall be responsible for
completely supervising and directing the work under the resulting contract(s) and all subconsultants
that they may utilize. Subconsultants who perform work under the resulting contract shall be
responsible to the prime successful offeror. The successful offeror agrees to be fully responsible for
the acts and omissions of their subconsultant and of persons employed by them.

9.36 Competitive Negotiation, Cost Proposals and Response Time: LCPS will assign work in
accordance with Section 9.15.B and notify the successful offeror when work is required. The
successful offeror shall respond to LCPS within twenty-four hours after notification. LCPS will
schedule a meeting with the successful offeror and the proper LCPS representatives to discuss the
work required. Based upon those discussions, the successful offeror shall submit to LCPS a lump
sum proposal to perform the work based upon fixed hourly rates to remain in effect for the contract
year. The estimate shall contain the estimated number of hours broken out by category of service,
firm hourly rates for each category, a narrative describing work to be performed and estimated time
for completion. After review and acceptance of the proposal, LCPS will issue a Purchase Order to
perform the work. The proposals shall be prepared at no cost to LCPS.
When the scope of services involves work of such nature that the successful offeror cannot
reasonably estimate the time which would be required to provide the services, LCPS may agree to
an Hourly Rate Purchase Order based on the actual hours worked times the hourly rates indicated in
the successful offeror's binding fee schedule and other approved expenses. A maximum Purchase
Order fee or cost not to exceed limitation shall be agreed upon for Hourly Rate Purchase Orders.
When an Hourly Rate Purchase Order is used, the successful offeror shall submit detailed time
records, documentation for other expenses, and such other evidence as LCPS may require to support
his billing request.

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In the event of a catastrophic event or other condition where the Assistant Superintendent of Digital
Innovation or designee(s) has declared an emergency and there exists a need to use professional
services to assist in resolving the emergency, the successful offeror shall respond within two (2)
hours of notification.

9.37 Ownership of Documents: Any reports, specifications, blueprints, negatives or other documents
prepared by the successful offeror in the performance of its obligations under the resulting contract
shall be the exclusive property of LCPS, and all such materials shall be returned to LCPS upon
completion, termination, or cancellation of this contract. The successful offeror shall not use,
willingly allow, or cause such materials to be used for any purpose other than performance of all
successful offeror’s obligations under the resulting contract without the prior written consent of
LCPS. Documents and materials developed by the successful offeror under the resulting contract
shall be the property of LCPS; however, the successful offeror may retain file copies, which cannot
be used without prior written consent of the Owner. LCPS agrees that the successful offeror shall
not be liable for any damage, loss, or injury resulting from the future use of the provided documents
for other than the project specified, when the successful offeror is not the firm of record.

9.38 Submissions: All project correspondence, design/review documents, reports, etc. prepared by the
successful offeror shall be distributed to the appropriate LCPS representative for each task in the
format and number of copies as directed by the task statement of work.
Within thirty (30) days of project completion, the successful offeror shall prepare and submit a
Project Completion Report with project closeout documents and submit to the appropriate LCPS
representative.

9.39 Assignment of Contract: This contract may not be assigned in whole or in part without the written
consent of the Purchasing Agent.

9.40 Termination, Extension Waiver of Consequential Damages and Lost Profits, and Survival
A. Termination by Loudoun County Public Schools

1. LCPS may terminate this Contract at any time, with or without cause, for its convenience, in
its sole discretion, by giving successful offeror written notice of such termination. Payment
due from LCPS as the result of such termination shall be as follows:

(a) If LCPS provides 30 days or more advance notice, then successful offeror shall only
be entitled to payment for authorized work actually performed until the date of
termination at the rates specified by the Contract.

(b) If LCPS provides less than 30 days advance notice, then successful offeror shall be
entitled to (i) payment for authorized work actually performed until the date of
termination at rates specified by the Contract, and (ii) the reasonable amount of
additional costs, if any, incurred by successful offeror during the period of time
between its receipt of the notice and the expiration of 30 days that are direct costs
arising from performance of the Contract and that are reasonable and unavoidable,
despite diligent efforts to mitigate. Such costs payable under (ii) shall not include any
profit or any indirect costs, such as overhead.

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(c) Payments by LCPS under 9.40.A.1 shall be conditioned on successful offeror first
having delivered all Work performed for LCPS.

2. LCPS may terminate this Contract for cause if successful offeror breaches this Contract, fails
to provide any of the Work in a reasonably prompt and diligent manner, fails to obey lawful
direction by LCPS, or fails to meet the standards of its profession. LCPS may make such
termination by giving the successful offeror written notice of such termination. Upon such
termination, successful offeror shall promptly deliver all Work performed and shall be liable
to LCPS for all damages caused by successful offeror.

3. If a termination for cause by LCPS is subsequently determined to be erroneous by a Court


or otherwise, the measure of successful offeror’s damages shall be limited to amounts
payable under 9.40.A.1 for a termination without cause.

4. Any Work and payment under this Contract for any fiscal year subsequent to the fiscal year
of initial entry into it are subject to appropriation of funds, and if funds are not appropriated,
then, to the extent not funded, the Contract shall be void and ineffective.

5. LCPS may extend this Contract by written notice until any of the Work to which it relates
has been completed and accepted.

B. Termination by Successful Offeror

The successful offeror may terminate this Contract if LCPS (i) commits a material breach of
the Contract, and (ii) following receipt of written notice from the successful offeror of such
material breach, fails either to (a) cure or take reasonable steps to cure such breach, or (b)
disputes such breach. If LCPS disputes the successful offeror’s right to terminate, successful
offeror shall continue to perform diligently under the Contract pending successful offeror’s
pursuit as a dispute under 9.40 of its right to terminate.

C. Successful Offeror’s Waiver of Consequential Damages and Lost Profits

The successful offeror waives any claim against LCPS for lost profits or consequential
damages.

D. Survival of Successful Offeror’s Indemnification and Insurance Obligations

Successful offeror’s indemnification and insurance obligations toward LCPS shall survive any
termination of the Contract.

9.50 Contractual Disputes/Claims


A. Successful offeror shall give Purchasing Agent written notice of successful offeror’s intent to
make any claim within ten (10) days of the beginning of the occurrence of the event leading to
the claim or beginning of the work upon which the claim is based. The written notice shall be a
document from the successful offeror addressed to Purchasing Agent. The written notice shall
clearly state the successful offeror's intention to make a claim, shall describe the occurrence
involved, and shall be transmitted in a manner to ensure receipt by Purchasing Agent within the
ten (10) days.
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B. The successful offeror shall submit the claim and any supporting data to Purchasing Agent as
soon as practicable after the occurrence giving rise to the claim ends and in no event not later
than 60 days after final payment. The burden shall be on the successful offeror to substantiate
that it has given written notice and submitted its claim in accordance with this provision.

C. The claim must (i) be certified under oath as true and correct by a principal of successful offeror;
(ii) must be for specific relief; (iii) if any money is sought, must specify the dollar amount sought;
and (iv) must contain sufficient supporting documentation to reasonably allow its consideration,
including without limitation, any documentation required by the Contract. The burden shall be
on the successful offeror to substantiate the claim.

D. The successful offeror shall comply with all other terms and conditions of the Contract.

E. Following initial, informal consideration by Purchasing Agent or his designee(s), the parties
shall endeavor to resolve any claim through direct negotiations, and if such direct negotiations
fail, and if LCPS so requests, by non-binding mediation conducted pursuant to the Rules of the
American Arbitration Association, with the site of the mediation being Ashburn, Virginia.

F. Should the claim remain unresolved for more than 60 days after it is submitted, then LCPS
Superintendent or his designee shall, within no later than 90 days after the claim's submission,
render a written decision on the claim on behalf of the LCPS. The successful offeror may not
institute any legal action with respect to the claim until after LCPS Superintendent or his
designee renders his written decision or 90 days from its receipt by Purchasing Agent has passed,
whichever comes first. The only effect of the failure by LCPS Superintendent or his designee to
render a decision within this 90-day period is to allow the successful offeror to institute a legal
action pursuant to this provision without having to wait for a decision on the claim concerned.

G. If LCPS denies in whole or part a claim by successful offeror or more than 90 days have passed
since the claim was received by Purchasing Agent but no written decision has been issued, the
successful offeror may appeal denial of the claim by instituting an action in the Loudoun County
Circuit Court, Leesburg, Virginia, or if the subject or amount in controversy is within its
jurisdiction, the Loudoun County General District Court, Leesburg, Virginia, and may thereafter
pursue all available appeals in Virginia state courts, to the extent they have jurisdiction, this
being successful offeror’s sole remedy allowed.

H. For purposes of 9.50, “claim” means any demand or assertion by the successful offeror, seeking
as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension
of time, or other relief with respect to the terms of the Contract. “Claim” also includes other
disputes and matters in question between the successful offeror and LCPS arising out of or
relating to the Contract.

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9.51 Severability: In the event that any provision shall be adjudged or decreed to be invalid, such ruling
shall not invalidate the entire Agreement but shall pertain only to the provision in question and the
remaining provisions shall continue to be valid, binding and in full force and effect.

9.52 Applicable Laws: This contract shall be governed in all respects by the laws of the Commonwealth
of Virginia.

9.53 Federal Immigration Law: The contractor does not, and shall not during the performance of the
contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as
defined in the federal Immigration Reform and Control Act of 1986.

9.54 Protest: Offerors may refer to Sections 2.2-4357 through 2.2-4364 of the Code of Virginia to
determine their remedies concerning this competitive process.

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