Specifications by wuyunyi

VIEWS: 4 PAGES: 27

									November 18, 2002




                Digital Subscriber Lines (DSL) and Cable Modem Services


The attached solicitation is for the purchase of DSL and cable modem services for
existing users and new users for State and University departments paying with State
or University funds.

This procurement is authorized under the Department of Electronic Government’s
exception 03-16. The award will be made to the responsive and responsible vendors
with the lowest costs. The State reserves the right to make no awards or partial
awards.

The two copies of the response must include a signed affidavit, a completed vendor
reference sheet, a signed Designation of Confidentially and Proprietary Information, a
signed Cooperative Purchasing Agreement if participating, a contract per the
solicitation, and the information listed in section 15 of the solicitation.

Deliver or have a courier deliver your response to the eighth floor reception desk of
the State of Wisconsin Administration Building located at 101 East Wilson Street
Madison, WI 53703. Note on the outside of your response “Attention: Bill Langlois”
and “Do Not Open-Response to Solicitation 03-16.” Responses must be time and
date stamped before 12:00 noon on December 2, 2002.

Sincerely,



Bill Langlois
STATE OF WISCONSIN                                    CONTRACT NO.: 03-16

                                             TABLE OF CONTENTS
SECTION     SUBJECT
INTRODUCTION
            PURPOSE
            CURRENT SITUATION
            DEBARMENT
            VENDORNET
            PROMOTIONAL MATERIALS

SPECIAL CONDITIONS OF SOLICITATION
1.          CLARIFICATION AND/OR REVISIONS TO THE SOLICITATION DOCUMENT
2.          CONTRACT TERM
3.          FIRM PRICES
4.          INSTALLATION REQUIREMENTS
5.          F.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED ON SITE SERVICE
6.          ORDERS
7.          INVOICING REQUIREMENTS
8.          PARKING
9.          ELIGIBLE PURCHASERS
10.         CONTRACT TERMINATION
11.         METHOD OF RESPONSE
12.         METHOD OF AWARD
13.         QUALIFICATIONS
14.         SPECIFICATIONS OF ITEMS TO BE PROVIDED
15.         SOLICITATION RESPONSE REQUIREMENTS:
16.         VENDOR RESPONSE SHEET
17.         ITEMIZED RESPONSE LIST
18.         CONTRACT
19.         ATTACHMENTS
            A. Designation of Confidential and Proprietary Information
            B. Standard Terms and Conditions
            C. Vendor Agreement - Wisconsin’s Cooperative Purchasing Service
            D. Vendor References
            E. Affidavit
            F.   Existing Service Spreadsheets
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                     PAGE 1 OF 16

                                                        INTRODUCTION

PURPOSE:
The State of Wisconsin-Department of Electronic Government (DEG), hereinafter referred to as the "State", through its
procurement section, hereinafter referred to as "Purchasing," on behalf of the entire State requests responses for the purchase of
Digital Subscriber Lines (DSL) and Cable Modem Services.

Conditions of the solicitation that include the word "must" or "shall" describe a mandatory requirement. All specifications are
defined as mandatory minimum requirements unless otherwise stated. If no vendor is able to comply with a given specification
or condition of the solicitation, Purchasing reserves the right to delete that specification or condition of the solicitation.
FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY THE VENDOR’S RESPONSE. It is
the State’s intent that this contract solicitation document, including all attachments, and the awarded vendor’s (contractor’s)
response information shall become the Contract.

CURRENT SITUATION
The State, through its UW Division of Information Technology (DoIT), currently buys Digital Subscriber Lines (DSL) and Cable
Modem Services in bulk from vendors, adds support and other value, and resells them to campus customers. DoIT has determined
that they will no longer perform in this capacity and this contract is intended to replace those services. Special lots are included to
provide continuity for these existing customers as well as expanding coverage for non-University entities.

This contract will only be used by State and University departments paying with State or University funds; they will not be used by
individuals paying with their own funds. Likely customers of these services include State Agencies, UW campuses, off campus
University sites and homes of State employees, University faculty, and staff.

Contractors must be prepared to deal with multiple State and University departments and end users for provisioning, problem
resolution, and submit individual bills for each order (an order may include multiple sites covered by a single source of funds). The
order may be in the form of a Purchase Order or the use of a Procurement Card and this would vary from department to department.

The State expects to provide multiple VPN based services to these customers by January 1, 2003 to allow high-speed access to State,
University, and to educational worldwide networks.

It is the State’s intention to make the transition from the current situation to the new one as smooth as possible. DoIT personnel will
work with Contractors and customers to implement the service transition and to obtain billing information for the 7/1/03-6/30/04
University fiscal year.

VENDORNET:
All Vendors are encouraged to register with Vendor Net to receive notification of upcoming procurements in areas of interest to
them. This purchasing information and vendor notification service is available to all businesses and organizations that want to
sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state
purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the
same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A
subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any
campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated
commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in
the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also
may receive e-mail notices of these simplified bid opportunities.

PROMOTIONAL MATERIALS:
Contractor agrees to not use promotion or marketing material which states expressly or by fair implication that the State endorses
either the Contractor or any sponsor of such material.
STATE OF WISCONSIN                                                      CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                      PAGE 2 OF 16

                                         SPECIAL CONDITIONS OF SOLICITATION

1.   CLARIFICATION AND/OR REVISIONS TO THE SOLICITATION DOCUMENT:
     If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation
     no later than five working days before the date of solicitation opening, they shall immediately notify the below named
     individual of such error. Any modification or clarification of the solicitation document will be at the sole discretion of
     Purchasing.

                                                            Bill Langlois
                                           Office of Workforce & Financial Management
                                                     101 E. Wilson St., 8th floor
                                                     Madison, WI 53707-7844
                                            PHONE 608/264-6191 FAX 608/266-5055
                                             EMAIL william.langlois@deg.state.wi.us

                                            ALL QUESTIONS SHOULD BE DIRECTED TO:
                                                            Bill Langlois

     Revisions to this solicitation will be made only by an official written amendment as determined and issued by Purchasing.

     DEFINITIONS
     The following definitions are used throughout the Special Conditions of the solicitation:

     Department means State of Wisconsin or UW-Madison Department.
     Vendor means a firm submitting a response to this Solicitation.
     University means University of Wisconsin-Madison.
     State means State of Wisconsin.
     Contractor means contractor awarded the contract.
     MBE means Minority Business Enterprise.
     DoIT means University of Wisconsin, Division of Information Technology
     DEG means State of Wisconsin, Department of Electronic Government
     State property means any location at which service is provided including State owned property that may be in private homes.


2.   CONTRACT TERM:
     The initial term of this contract shall be January 1, 2003, (CONTRACT START DATE) or date of award, through
     December 31, 2003, (CONTRACT END DATE) or one year after date of award.

     The State reserves the right to extend beyond the Contract Term if deemed to be in the best interest of the State. The State
     has the option to automatically extend this contract into its second and third years unless the Contractor is notified, in
     writing, by the State, 90 calendar days prior to expiration of the initial and/or succeeding Contract term(s).

 .
3.   FIRM PRICES:
     Prices must remain firm for the initial contract term as well as both extension years. Prices established may be lowered due
     to general market conditions.

     Solicitation pricing must include all costs (including but not limited to 911, EUCL, and PICC) imposed or
     mandated by third parties, not just those levied by the contractor. I.e. Any and all government mandated costs
     must be in the vendor’s price.
STATE OF WISCONSIN                                                      CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                      PAGE 3 OF 16

4.   INSTALLATION REQUIREMENTS:
     Installation of orders shall be made to State and University departments five days per week, Monday through Friday,
     between the hours of 8:00 am CST/CDT and 4:00 pm CST/CDT except for State Holidays. State Holidays include: New
     Years Eve Day, New Years Day, Martin Luther King Day, Memorial Day, July 4 th,, Labor Day, Thanksgiving Day,
     Christmas Eve Day and Christmas Day. Firm installation due dates must be provided within 10 business days of vendors
     receipt of order. At any time after the initial due date, and prior to the actual installation, the State reserves the right to
     cancel the service and installation without penalty. A pattern of missed due dates may be considered non performance as
     described in section 10.1.

     The service must be delivered to State and University locations both on and off campus as well as private homes
     where the State will be responsible for the cost of the service (only if the State or University has approved and sent
     the Contractor an order for the service).

5.   F.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED:
     Items are to be installed at various locations, F.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND
     INSTALLED. This must include the cost involved to deliver service to the location of the Network Interface Device
     (NID). Upon installation all operating instructions, operating and maintenance manuals, must be furnished to the State or
     University personnel identified on the purchase order.

6.   ORDERS:
     Specific order(s), Contract blanket order(s), or Purchasing Card orders may be issued to the Contractor(s).

     6.1    Specific order(s): issued as one-time orders.

     6.2    Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the
            Contract blanket order(s) as needed.

     6.3    Purchasing Card order(s): issued as one-time order.

     6.4    Vendor should identify method by which they will accept orders against this contract (e.g. phone, fax, internet, etc.)

7.   INVOICING REQUIREMENTS:
     Invoices for Purchase Orders:
     7.1 Contractor must agree that all invoices and purchasing card charges shall reflect the prices and discounts established
           for the items on this contract for all orders placed by the State or University even though the contract number and/or
           correct prices may not be referenced on each order. The awarded Contractor must invoice for this service on a
           monthly basis.

            The State must meet a statutory mandate to pay or reject invoices within 30 days of receipt by State Accounts
            Payable. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only
            properly submitted invoices will be officially processed for payment. Prompt payment requires that the vendor’s
            invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing:

               Contractor name
               remit to address
               purchase order number
               release number if given
               date of order/release
               itemization of all costs involved in providing the service including the name and address of each subscriber and
                dates of service being invoiced.
               prices per the Contract
STATE OF WISCONSIN                                                    CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                    PAGE 4 OF 16

     The original invoice and two copies must be sent to the appropriate location as specified on the order for service. For all
     University Accounts, invoices shall be sent to: University Accounts Payable, 750 University Avenue, Madison, WI 53706-
     1490.

     Invoices for Purchasing Card: Invoices shall contain the same detail as listed in Section 8.1 above and mailed to the billing
     address given at the time of the order is placed.

8.   PARKING:
     State and University parking is very limited. Each Contractor and/or employees shall make its own arrangements for
     parking. Arrangements for University parking may be made through the Transportation Services in Room #120 WARF
     Building, 610 Walnut Street, Madison, WI (608) 263-6666. No additional costs will be allowed for parking fees or
     violations. Unauthorized vehicles parking in State and University lots or loading docks without permits will be ticketed and
     or towed.

9. ELIGIBLE PURCHASERS:
   All State of Wisconsin agencies, University of Wisconsin-Madison campus locations, and other U.W. System campuses
   must be eligible to purchase from this contract where service is available. In addition Wisconsin municipalities may desire
   to purchase from this contract. Vendors are to state on the Vendor Response Sheet if they agree to provide service to
   Wisconsin municipalities and if so, any price differentials. Vendors must provide a list of all locations, by City and
   NPA/NXX, that the service is currently available in. The State understands that service delivery is subject to loop
   qualification in locations not currently served in the X lots of this solicitation.

     A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns, school
     boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the power to award
     public contracts.

     This contract must not be construed as mandatory upon any University campus, State agency or municipality. The State
     reserves the right to issue a separate solicitation when deemed in the best interest of the State.

10. CONTRACT TERMINATION
    After the initial term of the Agreement, the State may terminate the Agreement at any time, without cause, by providing 60
    days written notice to the Contractor. If the Agreement is so terminated, the State is liable only for payments for product or
    services provided or performed, to date of the termination.

     This Contract may be terminated by either party for the following conditions:

     10.1 Shall either party fail to perform under the terms of this Contract, the aggrieved party may notify the other party in
          writing via courier or hand delivery with a signed receipt of such failure and demand that the same be remedied within
          3 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then
          have the right to terminate this Contract by giving the other party 10 calendar days written notice. Performance
          failure can be defined as but not limited to: not providing the service consistently; a pattern of missed due dates; or
          failure to provide any of the conditions of the Specifications or Special Conditions of this Solicitation.

     10.2 The State reserves the right to continue under contract with a vendor that fails to perform and reduce that vendor to a
          secondary provider status in the areas that overlap with other providers of similar service regardless of original award
          for that area.

     10.2 All notices of performance failure must be submitted in writing to Michael J. Kessenich, Department of Electronic
          Government, 101 E. Wilson St., 8th floor, Madison, WI 53702-0032. DEG shall be final authority for all
          performance resolutions not resolved through the ordering entity.
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                     PAGE 5 OF 16


11. METHOD OF RESPONSE:
    Vendor must submit a price for each item on the line (use $0.00 if it would be a no charge) and a total price by lot as designated.
    to complete the Itemized Solicitation List, we have provided the formula on each page of the list to assist in this. An example of
    how to complete this would be; if a vendor wants to submit a response on High and Low Speed, and if it is a modem lease only,
    complete lines A and C and multiply by 2 times (x) the amount and complete the line total for each and then add up the Lot Total.

    A vendor may choose to respond to only the modem lease or purchase. Vendors may also choose to offer only high-speed
    service where two speeds are specified. If Vendors are not responding on Low Speed, please complete the Itemized
    solicitation List for Low Speed by inserting the amount for High Speed multiplied by two (2) for both lines C and D and
    then add those amounts together for the total.

    Vendor may elect to allow the use of existing customer owned modems. If so, specify $0.00 as price of X lot modem
    purchase cost. If optional replacement modems are available for such customers, specify theses as option items on Itemized
    Solicitation List. Existing modems as follows:

    TDS Metrocom                 ADSL Paradyne 5620s (High Speed Modem)
                                 SDSL Paradyne 6310 (Low Speed Modem)

    TDS Telecom (Midplains) ADSL Speedstream 5667 for AFC customers (High Speed Modem)
                            ADSL PairGain 700F Megabit modem for all others (Low Speed Modem)

12. METHOD OF AWARD:
    Award(s) shall be made on the basis of the lowest lot total (s). Responses requiring the State to guarantee a specific quantity
    or dollar amount will be disqualified. The State reserves the right to make multiple awards and/or not an award on a lot if it
    determines it is in the best interest of the State.

    The State reserves the right to do business with the next responsible vendor if an acceptable pre-signed contract is not provided
    within 5 business days of notice to the apparent winning vendor. Any relevant provisions of the vendors contract they would like
    added to the State contract must be submitted with the response and be clearly labeled as such. The State will make the sole
    determination if the provision is accepted and will be added to the contract. Contract will provide for 1 year of service with the
    option for 2 additional extensions of 1 year each at the sole discretion of the State.

13. QUALIFICATIONS:
    To be eligible for a Contract award, the vendor must be qualified and able to provide the following as required or the
    response will be disqualified (respond on "Vendor Response Sheet".)

    Purchases made under this contract may require further fair price analysis. Vendors should identify on the Vendor Response
    Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the State to
    complete this analysis. The awarded contractor will be required to provide this documentation prior to the order being issued.

    13.1 Vendor must designate a person(s) to provide information on: Affirmative Action, Contract Renewal/Cancellation, and
         Minority Business. Vendor must also provide contacts for Pre-Sales Consulting, Ordering and discontinuing of service,
         Provisioning, billing and resolution of billing disputes, and problem resolution.

    13.2 Contractor must be able to report on an annual basis all service purchased against this Contract.
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                     PAGE 6 OF 16


    13.3     The Contractor shall maintain insurance levels as required in the attached STANDARD TERMS AND CONDITIONS,
             SECTION 23. A certificate of insurance must be provided upon contract award and provided on an annual basis. A
             Certificate of Insurance must be filed with the Office of Risk Management before the purchase order is issued. The
             coverage amounts that are required for this contract are listed below:

             A Certificate of Insurance must be filed with the Office of Risk Management before the purchase order is issued.

             Workers Compensation (WC):                                   Required for all Contracts
                                                                          NO EXEMPTIONS
             Commercial General Liability (CGL):
                 General Aggregate including
                   Products & Completed Operations                        $1,000,000
                 Each Occurrence                                          $1,000,000

             Automobile Liability
                  Combined Single Limit                                   $1,000,000

             Additional Insured:

             The contractor shall add "the State of Wisconsin, its officers, employees and agents” as an additional insured under the
             commercial general and automobile liability policies

             Contractor agrees to hold the State harmless from any loss, claim, damage or liability of any kind involving an employee,
             officer or agent of the Contractor arising out of or in connection with this Agreement except to the extent that it is
             founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the State or University
             of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.82 and
             895.46(1), Wis. Stats.

14. SPECIFICATIONS OF ITEMS TO BE PROVIDED:
    The State makes no guarantees about the volume of business or the number of subscribers.
    Common Specifications All Lots

          The following port numbers are used by the DoIT VPN service and MUST NOT be blocked by the vendor.
           PPTP
               Protocol 47 (GRE)
               UDP/TCP 1723
               IPSEC
           Cisco Authentication
               Protocol 50 (ESP)
               UDP 500
               UDP/TCP 10000
               UDP/TCP 1701

          Low Speed = 256K x 128K (minimum)
          High Speed = 512K x 256K (minimum)

          Internet Access must be provided including:

               DHCP for IP address assignment
               A minimum of 1 simultaneous IP addresses
               Non-fixed IP addresses are acceptable
               No domain support is acceptable
               At least one email address
               User equipment to allow multiple machines per connection using NAT (Network Address Translation), VPN or other
               methods must be allowed.
STATE OF WISCONSIN                                                      CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                      PAGE 7 OF 16

        Requiring voice or cable television service is NOT allowed.

        Credits equal to one months service must be issued for service interruption lasting more than 5 business days.

        Standard installation is to provide service to the Network Interface Device (NID).

        Vendor must provide inside wiring options to extend service from Network Interface Device (NID) into premises and to
         install modem. This could be an extra cost items and should be noted on the Itemized Solicitation List.

        The terms of the service shall be as follows (or more lenient at the vendors option):
         - Twelve month minimum service term, with two possible one year extensions at the sole discretion of the State.
         - The vendor may either bill for actual start date– end date of service (preferred) or count any month with more than 15
             days of service as a full month and any month with less than 15 days service as no charge.

        Modem lease cost must include maintenance and replacement for normal wear and tear (customer abuse or neglect excepted)
         and any shipping costs (if applicable) to and from (in the case of termination or cancellation of the service) the customer site.

    Specifications for ‘X’ lots (Existing Customers are “X” lots)
     Vendor must peer with UW Madison at 1210 Dayton Street at a minimum of 10Mbps using vendor provided facilities.

        Vendor may use (or provide trade-in credit for) existing purchased DSL modems for existing DoIT DSL Customers
         (Manufacturer and model numbers are included Section 11).

        Winning Vendor must transition all existing customers in their awarded service area.

In any given area, the State intends to make multiple awards based on lowest overall costs with a combination of new and existing
customers for both Cable and DSL type service. After the awards are made, where there is overlap in Cable and DSL service areas the
State reserves the right to choose either service on a case by case basis, although it will likely choose the lowest cost service that can be
provided. Where there is overlap between vendors using the same service delivery method, i.e. Vendor A DSL and Vendor B DSL,
the lowest cost provider will win the overlapping areas.

Example:

                                Vendor A                         Vendor B
                                DSL $29.95                       DSL $34.95




                                                  Vendor C
                                                  Cable
                                                  $32.95




Vendor A would be the DSL provider for its entire area, but where Vendor C overlaps the users could choose between Cable or DSL
service.

Vendor B would be the DSL provider for its area except for the area shared with Vendor A, but users would have a choice between
Cable or DSL service where its area overlaps with Vendor C.

Vendor C would be the Cable provider for its entire area, but users would have a choice between Cable or DSL service from the
appropriate provider where there is overlap of DSL into the Vendor C territory.

Vendors may choose to bid on any individual or combination of lots.
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                     PAGE 8 OF 16


Current Environment: (detailed spreadsheets of existing users locations and modem types are attached)

Lot X1            Users Served from SBC Central Offices at Black Oak, Kedzie, Main, Pflaum, Sylvan:
                              36 users @ Low Speed
                              76 users @ High Speed

Lot X2            Users served from former Midplains (now TDS Telecom) Central offices at Middleton, West Towne, and Cross
                  Plains:
                               1 user @ Low Speed
                               33 users @ High Speed

Lot X3            Users served by Charter:
                               22 users @ Low Speed
                               65 users @ High Speed

Lot N1            New Users - In addition to the existing users the State anticipates growth at a tremendous rate in all areas of the state
                  as this contract becomes available to users outside of the UW system for the first time.

          Subcontracting:
                   Any Contract resulting from this Solicitation shall not be, in whole or in part, subcontracted, assigned, or
                   otherwise transferred to any other Contractor without prior written approval by Purchasing.

                    The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by
                    the Contractor to carry out the scope of the job

                    Subcontractors must abide by all terms and conditions under this Contract.

          Employee Identification: All Contractors’ employees, while working on State or University property or while
            providing service off campus, must wear a clearly displayed photo identification badge (provided by the Contractor
            at the Contractor’s cost) showing they are employees of the contractor. Badges must be available but will not be
            required to be worn when protective clothing and respiratory protection is required.

          Contract: It is the State’s intent that this contract solicitation, including all attachments, and the awarded vendor’s
            (contractor’s) response information shall become the Contract. Any relevant provisions of a vendors contract they
            would like added to the State contract must be submitted with the response and clearly labeled as such. The State
            will make the sole determination if the provision is accepted and will be added to the contract. The State will not
            add the vendors entire contract to our contract. Contract will provide for 1 year of service with the option for 2
            additional extensions of 1 year each.


15. SOLICITATION RESPONSE REQUIREMENTS:
    In order for the vendor’s response to be considered, the following forms/information must be completed and submitted with
    the response. Please send two (2) complete sets of the vendor’s response. Failure to provide these forms/information with
    the response submittal may disqualify the response.

    15.1 This Solicitation Form
    15.2 A sample of invoice (see Invoicing Requirements in Section 7)
    15.3 List of locations, in general service is currently available (per section 9)
    15.4 Specifications, descriptive brochure and detail for the item(s)/service (per section 14)
    15.5 Vendor Response Sheet (including attachments as requested on Vendor Response Sheet)
    15.6 Itemized Response List
   STATE OF WISCONSIN                                                    CONTRACT NO.: 03-16
   MADISON, WISCONSIN                                                    PAGE 9 OF 16

16. VENDOR RESPONSE SHEET: Note: this form must be returned with the response. Numbers identified correspond to those
    shown in the SPECIAL CONDITIONS OF THE SOLICITATION. Vendor may attach additional relevant information to their
    response; identify sections to which information applies.

                                                                                                             YES    NO
   Minority Business Participation:
   Vendor understands requirements that if they are awarded the contract, they agree to provide
   (when requested) a MBE Participation Semi-Annual Report of all dollars spent with all minority
   subcontractors?                                                                                           ____   ____

   ==========================================================================================

   16.1     Do you agree to firm prices as stated?                                                           ____   ____

            Have you provided lists of locations service currently available as required?                    ____   ____

   16.2     Are you responding all prices F.O.B. Destination Freight Prepaid Included And Installed?         ____   ____
            (Be sure to read section 5. carefully)

   16.3     Do you agree to the installation requirements (Be sure to read section 4. Carefully)             ____   ____

   16.4     What order method will you accept orders against this contract:
                       ___ Phone
                       ___ Fax
                       ___ Internet
                       ___ Other: ______________________________________________

   16.5     Will you agree that all invoices will reflect prices established for products on this Contract
            for all orders placed by UW-Madison campus, other UW campuses and State of Wisconsin
            agencies even though the Contract number and/or correct prices may not be referenced
            on each order?                                                                                   ____   ____

            Will you accept orders placed using a Purchasing Card?                                           ____   ____
            If YES, orders placed using a purchasing card must reflect current contract pricing.

            Any fees charged for use of the vendor’s credit card program is not allowed according to Visa
            card rules.

            Do you agree to extend the pricing on this contract to other Wisconsin Municipalities?           ____   ____


            If YES, indicate whether other charges will be added and what those                              ____   ____
            charges would be:

   16.6     Is a sample invoice included with the response?                                                  ____   ____

   16.7     Do you agree that only the State contract will be used?                                          ____   ____
STATE OF WISCONSIN                                                   CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                   PAGE 10 OF 16


16.8    What type of documentation (i.e. published price list, list of previous buyers, etc.) will you provide to assist the State in
        its fair price analysis?
        _________________________________________________________________
        _________________________________________________________________
        _________________________________________________________________

16.9    Vendor must designate a person(s) to provide information on: Affirmative Action, Contract Renewal/Cancellation, and
        Minority Business. Vendor must also provide contacts for Pre-Sales Consulting, Ordering and discontinuing of service,
        provisioning, billing and resolution of billing disputes, and problem resolution.

                                                   Phone No.                   Fax No.                            Email
        Affirmative Action                         ________________            ________________                   _______________
        Pre-Sales Consulting                       ________________            ________________                   _______________
        Contract Renewal/Cancellation              ________________            ________________                   _______________
        Billing/Resolution of disputes             ________________            ________________                   _______________
        Ordering/Discontinuing Service             ________________            ________________                   _______________
        Provisioning                               ________________            ________________                   _______________
        Minority Business                          ________________            ________________                   _______________
        Service Problem Resolutions                ________________            ________________                   _______________

        SALES REPRESENTATIVE:              Name: __________________Email: __________________________
                                           Phone: ___________Cell:_______________Fax: ________________


                                                                                                                    YES       NO

16.10   Can you report on products purchased on this contract if requested?                                       ____        ____

16.11   Will you provide insurance certificate(s) indicating coverage and agree to maintain                       ____        ____
        coverage for the duration of the contract as required in 13.3 and have you added the
        following language to the insurance certificate:

        The contractor shall add "the State of Wisconsin, its officers, employees and agents” as an additional insured under the
         commercial general and automobile liability policies.

16.13   Do you agree to subcontracting terms and conditions?                                                        ____     ____

16.14   Will you agree to have all employees wear appropriate identification?                                       ____     ____

16.15   Have you included two (2) complete sets of the response?                                                    ____     ____

16.16   Have you completed and returned all forms required?                                                         ____     ____


__________________________________________                     ______________________________________________
Company Name (print or type)                                   Vendor's name & title (print or type)
__________________________________________                     ______________________________________________
Vendor's Signature                                             Date
__________________________________________
E-mail address
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                     PAGE 11 OF 16


17.   ITEMIZED RESPONSE LIST
      Response pricing must include all costs (including but not limited to 911, EUCL, and PICC) imposed or mandated by third parties, not just those
      levied by the contractor. I.e. Any and all government mandated costs must be in the vendor’s price.




LOT X1 -- SBC – Black Oak, Kedzie, Main, Pfaum, Sylvan
INSTALL COST        MONTHLY SERVICE          MONTHLY MODEM              LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          LEASE X 36 MONTHS)         PREVIOUSLY INSTALLED
                                             (LOW SPEED)                (X lots only)

A. $___________ + $____/mo X 36 =_____ +     $___/mo X 36 =_____   -    $____________________     =        $_______________


INSTALL COST        MONTHLY SERVICE          MODEM PURCHASE             LESS CREDIT FOR           LESS CREDIT FOR             TOTAL
                    FEE X 36 MONTHS          PRICE (LOW SPEED)          UNIVERSITY OWNED          PREVIOUSLY NSTALLED
                                                                        MODEMS (X lots only)      CUSTOMERS (X lots only)


B. $____________ + $____/mo X 36 =_____ +    $___________________ -     $______________________ - $____________________   = $_______________

INSTALL COST        MONTHLY SERVICE          MONTHLY MODEM              LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          LEASE X 36 MONTHS)         PREVIOUSLY NSTALLED
                                             (HIGH SPEED)               (X lots only)

C. $___________ + $____/mo X 36 =_____ +     $___/mo X 36 =_____   -    $____________________     =        $_______________


INSTALL COST        MONTHLY SERVICE          MODEM PURCHASE             LESS CREDIT FOR           LESS CREDIT FOR             TOTAL
                    FEE X 36 MONTHS          PRICE (HIGH SPEED)         UNIVERSITY OWNED          PREVIOUSLY NSTALLED
                                                                        MODEMS (X lots only)      CUSTOMERS (X lots only)

D. $____________ + $____/mo X 36 =_____ +    $___________________ -     $______________________ - $____________________   = $_______________


                                    Modem lease only           Modem purchase only        Modem purchase & lease
How to calculate High & Low Speed   2xA + 2xC                  2xB + 2xD                 A+B+C+D
How to calculate High Speed Only    4xC                        4xD                       2xC + 2xD

LOT TOTAL                  $_______________
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                        PAGE 12 OF 16



LOT X2 -- TDS Telecom Middleton, West Town, and Cross Plains
INSTALL COST        MONTHLY SERVICE          MONTHLY MODEM              LESS CREDIT FOR      T             TOTAL
                    FEE X 36 MONTHS          LEASE X 36 MONTHS)         PREVIOUSLY INSTALLED
                                             (LOW SPEED)                (X lots only)

A. $___________ + $____/mo X 36 =_____ +     $___/mo X 36 =_____   -    $____________________     =        $_______________


INSTALL COST        MONTHLY SERVICE          MODEM PURCHASE             LESS CREDIT FOR           LESS CREDIT FOR             TOTAL
                    FEE X 36 MONTHS          PRICE (LOW SPEED)          UNIVERSITY OWNED          PREVIOUSLY NSTALLED
                                                                        MODEMS (X lots only)      CUSTOMERS (X lots only)


B. $____________ + $____/mo X 36 =_____ +    $___________________ -     $______________________ - $____________________   = $_______________

INSTALL COST        MONTHLY SERVICE          MONTHLY MODEM              LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          LEASE X 36 MONTHS)         PREVIOUSLY INSTALLED
                                             (HIGH SPEED)               (X lots only)

C. $___________ + $____/mo X 36 =_____ +     $___/mo X 36 =_____   -    $____________________      =       $_______________


INSTALL COST        MONTHLY SERVICE          MODEM PURCHASE             LESS CREDIT FOR           LESS CREDIT FOR             TOTAL
                    FEE X 36 MONTHS          PRICE (HIGH SPEED)         UNIVERSITY OWNED          PREVIOUSLY NSTALLED
                                                                        MODEMS (X lots only)      CUSTOMERS (X lots only)

D. $____________ + $____/mo X 36 =_____ +    $___________________ -     $______________________ - $____________________   = $_______________


                                    Modem lease only           Modem purchase only        Modem purchase & lease
How to calculate High & Low Speed   2xA + 2xC                  2xB + 2xD                 A+B+C+D
How to calculate High Speed Only    4xC                        4xD                       2xC + 2xD

LOT TOTAL                  $_______________
STATE OF WISCONSIN                                                     CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                        PAGE 13 OF 16


LOT X3 -- Cable Modem–
INSTALL COST        MONTHLY SERVICE          MONTHLY MODEM              LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          LEASE X 36 MONTHS)         PREVIOUSLY INSTALLED
                                             (LOW SPEED)                (X lots only)

A. $___________ + $____/mo X 36 =_____ +     $___/mo X 36 =_____   -    $____________________     =        $_______________




INSTALL COST        MONTHLY SERVICE          MODEM PURCHASE             LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          PRICE (LOW SPEED)          PREVIOUSLY NSTALLED
                                                                        CUSTOMERS (X lots only)


B. $____________ + $____/mo X 36 =_____ +    $___________________ -     $____________________     =        $_______________

INSTALL COST        MONTHLY SERVICE          MONTHLY MODEM              LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          LEASE X 36 MONTHS)         PREVIOUSLYINSTALLED
                                             (HIGH SPEED)               (X lots only)

C. $___________ + $____/mo X 36 =_____ +     $___/mo X 36 =_____   -    $____________________      =       $_______________


INSTALL COST        MONTHLY SERVICE          MODEM PURCHASE             LESS CREDIT FOR                    TOTAL
                    FEE X 36 MONTHS          PRICE (HIGH SPEED)         PREVIOUSLY NSTALLED
                                                                        CUSTOMERS (X lots only)

D. $____________ + $____/mo X 36 =_____ +    $___________________ -     $____________________     =        $_______________


                                    Modem lease only           Modem purchase only        Modem purchase & lease
How to calculate High & Low Speed   2xA + 2xC                  2xB + 2xD                 A+B+C+D
How to calculate High Speed Only    4xC                        4xD                       2xC + 2xD

LOT TOTAL                     $_______________
STATE OF WISCONSIN                                                      CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                         PAGE 14 OF 16


LOT N1 -- New Users
INSTALL COST        MONTHLY SERVICE           MONTHLY MODEM               TOTAL
                    FEE X 36 MONTHS           LEASE X 36 MONTHS)
                                              (LOW SPEED)

A. $___________ + $____/mo X 36 =_____ +      $___/mo X 36 =_____   =     $_______________


INSTALL COST        MONTHLY SERVICE           MODEM PURCHASE              TOTAL
                    FEE X 36 MONTHS           PRICE (LOW SPEED)


B. $____________ + $____/mo X 36 =_____ +     $___________________ =      $_______________

INSTALL COST        MONTHLY SERVICE           MONTHLY MODEM               TOTAL
                    FEE X 36 MONTHS           LEASE X 36 MONTHS)
                                              (HIGH SPEED)

C. $___________ + $____/mo X 36 =_____ +      $___/mo X 36 =_____   =     $_______________

INSTALL COST        MONTHLY SERVICE           MODEM PURCHASE              TOTAL
                    FEE X 36 MONTHS           PRICE (HIGH SPEED)

D. $____________ + $____/mo X 36 =_____ +     $___________________ =      $_______________



                                     Modem lease only            Modem purchase only          Modem purchase & lease
How to calculate High & Low Speed    2xA + 2xC                   2xB + 2xD                   A+B+C+D
How to calculate High Speed Only     4xC                         4xD                         2xC + 2xD

LOT TOTAL                     $_______________


Vendors must provide a list of all locations, by City and NPA/NXX, that the service is currently available in.
The State understands that service delivery is subject to loop qualification in locations not currently served in
the X lots of this solicitation.
STATE OF WISCONSIN                                                                  CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                                     PAGE 15 OF 16


                                                                                   OPTIONAL RESPONSE LIST ITEMS
                                                             These items may or may not be purchased and will not be part of the Method of Award



Inside Wiring Cost per hour      $________________


Replacement modems - X lots only

                      Low        $________________

                      High       $________________

Lost or Leased Modems:           Cost                             Model/Manufacturer

                                 $________________                _____________________________________

                                 $________________                _____________________________________

                                 $________________                _____________________________________

                                 $________________                _____________________________________

Describe and provide pricing for additional components and/or enhanced services available, if any, specific to cable modem or DSL service.
                                                                                                                                                                     One time install charge

__________________________________________________________________________________________________                                           $____________/monthly   $______________

__________________________________________________________________________________________________                                           $____________/monthly   $______________

__________________________________________________________________________________________________                                           $____________/monthly   $______________

__________________________________________________________________________________________________                                           $____________/monthly   $______________

__________________________________________________________________________________________________                                           $____________/monthly   $______________

__________________________________________________________________________________________________                                           $____________/monthly   $______________
STATE OF WISCONSIN                                               CONTRACT NO.: 03-16
MADISON, WISCONSIN                                                  PAGE 16 OF 16

18. CONTRACT

CONTRACT NO.:

COMMODITY OR SERVICE                DIGITAL SUBSCRIBER LINES (DSL) AND CABLE MODEM SERVICES

PERIOD OF CONTRACT:                 January 1, 2003, through December 31, 2003
                                               (and any renewals)

This Agreement is entered into between the State of Wisconsin (hereinafter called "State") and
Contractor (hereinafter called "Contractor").

WHEREAS the State issued a Solicitation dated _____________, 2002, and
WHEREAS the State wishes to award a contract pursuant to that process; and
WHEREAS Contractor wishes to provide product and services requested in the Solicitation;
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter set forth,
Contractor and the State do hereby agree as follows:

1.    Contractor agrees to supply such commodity or service in accordance with the terms, conditions, and specifications of
      the Solicitation, including Appendices and addendum, and Contractor’s response (Response), including both original
      responses signed and dated _____________. The Solicitation and Response are incorporated and made a part of this
      contract.

2.    Contractor also agrees to the terms and conditions of the Digital Subscriber Lines (DSL) and Cable Modem Services,
      which is incorporated and made a part of this contract.

3. The parties further wish to clarify the following:

4.    In the event of any inconsistency in this Contract, the inconsistency shall be resolved in the following order of
      precedence:
                    The specific terms and conditions stated herein.
                    The terms and conditions of the Solicitation 03-16 Dated _____________ including all Appendices and
                       Addendum
                    The terms and conditions of Contractor's response to the Solicitation, including both original response
                       signed and dated _________________.

5. This Agreement may be amended only by written agreement of the parties.

FOR: STATE OF WISCONSIN-DEG                               FOR:

BY:    _________________________                                    BY:   _____________________________

TITLE: ________________________                                     TITLE: ____________________________

DATE: ________________________                                      DATE: _____________________________

NOTE: For administration of this contract, please contact:

Michael J. Kessenich
Name
Local Services Contract Administrator
Title
608-264-9406
Phone
STATE OF WISCONSIN
DOA-3027 N(R01/98)


                     DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal #                                       includes proprietary and
confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material
that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated
below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept
confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis.
Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method,
technique or process to which all of the following apply:
 1. The information derives independent economic value, actual or potential, from not being generally known to, and
     not being readily ascertainable by proper means by, other persons who can obtain economic value from its
     disclosure or use.
 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released

Section                                                Page #                 Topic

 _______________________________________________________________________________________________________

 _______________________________________________________________________________________________________

 _______________________________________________________________________________________________________

 _______________________________________________________________________________________________________

 _______________________________________________________________________________________________________

 _______________________________________________________________________________________________________

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND
THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR
DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response
will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be
insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they
are specifically identified above.

                                          Company Name                   ___________________________________________


                              Authorized Representative                  ___________________________________________
                                                                                                 Signature


                              Authorized Representative                  ___________________________________________
                                                                                                Type or Print


                                                       Date              ___________________________________________

This document can be made available in accessible formats to qualified individuals with disabilities.
DOA-3054
Page 1 of 3


                                                                            7.0          UNFAIR SALES ACT: Prices quoted to the State of
1.0            SPECIFICATIONS:        The specifications in this                   Wisconsin are not governed by the Unfair Sales Act.
       request are the minimum acceptable.         When specific
       manufacturer and model numbers are used, they are to                 8.0           ACCEPTANCE-REJECTION:                 The State of
       establish a design, type of construction, quality, functional               Wisconsin reserves the right to accept or reject any or all
       capability and/or performance level desired.          When                  bids/proposals, to waive any technicality in any bid/proposal
       alternates are bid/proposed, they must be identified by                     submitted, and to accept any part of a bid/proposal as
       manufacturer, stock number, and such other information                      deemed to be in the best interests of the State of
       necessary to establish equivalency. The State of Wisconsin                  Wisconsin.
       shall be the sole judge of equivalency. Bidders/proposers
       are cautioned to avoid bidding alternates to the                                    Bids/proposals MUST be date and time stamped by
       specifications which may result in rejection of their                       the soliciting purchasing office on or before the date and
       bid/proposal.                                                               time that the bid/proposal is due. Bids/proposals date and
                                                                                   time stamped in another office will be rejected. Receipt of a
2.0            DEVIATIONS AND EXCEPTIONS: Deviations and                           bid/proposal by the mail system does not constitute receipt
       exceptions from original text, terms, conditions, or                        of a bid/proposal by the purchasing office.
       specifications shall be described fully, on the
       bidder's/proposer's letterhead, signed, and attached to the          9.0            METHOD OF AWARD: Award shall be made to the
       request. In the absence of such statement, the bid/proposal                 lowest responsible, responsive bidder unless otherwise
       shall be accepted as in strict compliance with all terms,                   specified.
       conditions, and specifications and the bidders/proposers
       shall be held liable.                                                10.0          ORDERING:       Purchase orders or releases via
                                                                                   purchasing cards shall be placed directly to the contractor
3.0          QUALITY:         Unless otherwise indicated in the                    by an authorized agency. No other purchase orders are
       request, all material shall be first quality. Items which are               authorized.
       used, demonstrators, obsolete, seconds, or which have
       been discontinued are unacceptable without prior written             11.0          PAYMENT TERMS AND INVOICING: The State of
       approval by the State of Wisconsin.                                         Wisconsin normally will pay properly submitted vendor
                                                                                   invoices within thirty (30) days of receipt providing goods
4.0            QUANTITIES: The quantities shown on this request                    and/or services have been delivered, installed (if required),
       are based on estimated needs. The state reserves the right                  and accepted as specified.
       to increase or decrease quantities to meet actual needs.
                                                                                          Invoices presented for payment must be submitted
5.0            DELIVERY: Deliveries shall be F.O.B. destination                    in accordance with instructions contained on the purchase
       freight prepaid and included unless otherwise specified.                    order including reference to purchase order number and
                                                                                   submittal to the correct address for processing.
6.0             PRICING AND DISCOUNT: The State of Wisconsin
       qualifies for governmental discounts and its educational                         A good faith dispute creates an exception to prompt
       institutions also qualify for educational discounts. Unit                   payment.
       prices shall reflect these discounts.
                                                                            12.0          TAXES: The State of Wisconsin and its agencies
       6.1    Unit prices shown on the bid/proposal or contract                    are exempt from payment of all federal tax and Wisconsin
              shall be the price per unit of sale (e.g., gal., cs., doz.,          state and local taxes on its purchases except Wisconsin
              ea.) as stated on the request or contract. For any                   excise taxes as described below.
              given item, the quantity multiplied by the unit price
              shall establish the extended price, the unit price shall                    The State of Wisconsin, including all its agencies, is
              govern in the bid/proposal evaluation and contract                   required to pay the Wisconsin excise or occupation tax on
              administration.                                                      its purchase of beer, liquor, wine, cigarettes, tobacco
                                                                                   products, motor vehicle fuel and general aviation fuel.
       6.2    Prices established in continuing agreements and                      However, it is exempt from payment of Wisconsin sales or
              term contracts may be lowered due to general market                  use tax on its purchases. The State of Wisconsin may be
              conditions, but prices shall not be subject to increase              subject to other states' taxes on its purchases in that state
              for ninety (90) calendar days from the date of award.                depending on the laws of that state. Contractors perform-
              Any increase proposed shall be submitted to the                      ing construction activities are required to pay state use tax
              contracting agency thirty (30) calendar days before                  on the cost of materials.
              the proposed effective date of the price increase, and
              shall be limited to fully documented cost increases to        13.0           GUARANTEED DELIVERY:                  Failure of the
              the contractor which are demonstrated to be indus-                   contractor to adhere to delivery schedules as specified or to
              trywide. The conditions under which price increases                  promptly replace rejected materials shall render the
              may be granted shall be expressed in bid/proposal                    contractor liable for all costs in excess of the contract price
              documents and contracts or agreements.                               when alternate procurement is necessary. Excess costs
                                                                                   shall include the administrative costs.
       6.3    In determination of award, discounts for early                14.0           ENTIRE AGREEMENT: These Standard Terms
              payment will only be considered when all other con-                  and Conditions shall apply to any contract or order awarded
              ditions are equal and when payment terms allow at                    as a result of this request except where special
              least fifteen (15) days, providing the discount terms                requirements are stated elsewhere in the request; in such
              are deemed favorable. All payment terms must allow                   cases, the special requirements shall apply. Further, the
              the option of net thirty (30).                                       written contract and/or order with referenced parts and
                                                                                   attachments shall constitute the entire agreement and no
                                                                                   other terms and conditions in any document, acceptance,
DOA-3054
Page 1 of 3


       or acknowledgment shall be effective or binding unless
       expressly agreed to in writing by the contracting authority.            19.3   Failure to comply with the conditions of this clause
                                                                                      may result in the contractor's becoming declared an
15.0           APPLICABLE LAW:          This contract shall be                        "ineligible" contractor, termination of the contract, or
       governed under the laws of the State of Wisconsin. The                         withholding of payment.
       contractor shall at all times comply with and observe all
       federal and state laws, local laws, ordinances, and              20.0           PATENT INFRINGEMENT: The contractor selling to
       regulations which are in effect during the period of this               the State of Wisconsin the articles described herein
       contract and which in any manner affect the work or its                 guarantees the articles were manufactured or produced in
       conduct. The State of Wisconsin reserves the right to                   accordance with applicable federal labor laws. Further, that
       cancel any contract with a federally debarred contractor or             the sale or use of the articles described herein will not
       a contractor which is presently identified on the list of               infringe any United States patent.          The contractor
       parties excluded from federal procurement and non-                      covenants that it will at its own expense defend every suit
       procurement contracts.                                                  which shall be brought against the State of Wisconsin
                                                                               (provided that such contractor is promptly notified of such
16.0           ANTITRUST ASSIGNMENT: The contractor and the                    suit, and all papers therein are delivered to it) for any
       State of Wisconsin recognize that in actual economic                    alleged infringement of any patent by reason of the sale or
       practice, overcharges resulting from antitrust violations are           use of such articles, and agrees that it will pay all costs,
       in fact usually borne by the State of Wisconsin (purchaser).            damages, and profits recoverable in any such suit.
       Therefore, the contractor hereby assigns to the State of
       Wisconsin any and all claims for such overcharges as to          21.0           SAFETY REQUIREMENTS:               All materials,
       goods, materials or services purchased in connection with               equipment, and supplies provided to the State of Wisconsin
       this contract.                                                          must comply fully with all safety requirements as set forth
                                                                               by the Wisconsin Administrative Code, the Rules of the
17.0          ASSIGNMENT: No right or duty in whole or in part                 Industrial Commission on Safety, and all applicable OSHA
       of the contractor under this contract may be assigned or                Standards.
       delegated without the prior written consent of the State of
       Wisconsin.                                                       22.0          WARRANTY: Unless otherwise specifically stated
                                                                               by the bidder/proposer, equipment purchased as a result of
18.0           WORK CENTER CRITERIA: A work center must                        this request shall be warranted against defects by the
       be certified under s. 16.752, Wis. Stats., and must ensure              bidder/proposer for ninety (90) days from date of receipt.
       that when engaged in the production of materials, supplies              The equipment manufacturer's standard warranty shall
       or equipment or the performance of contractual services,                apply as a minimum and must be honored by the
       not less than seventy-five percent (75%) of the total hours             contractor.
       of direct labor are performed by severely handicapped
       individuals.                                                     23.0          INSURANCE RESPONSIBILITY: The contractor
                                                                               performing services for the State of Wisconsin shall:
19.0           NONDISCRIMINATION / AFFIRMATIVE ACTION:
       In connection with the performance of work under this                   23.1   Maintain worker's compensation insurance as
       contract, the contractor agrees not to discriminate against                    required by Wisconsin Statutes, for all employes
       any employe or applicant for employment because of age,                        engaged in the work.
       race, religion, color, handicap, sex, physical condition,
       developmental disability as defined in s. 51.01(5), Wis.                23.2   Maintain commercial liability, bodily injury and prop-
       Stats., sexual orientation as defined in s. 111.32(13m), Wis.                  erty damage insurance against any claim(s) which
       Stats., or national origin. This provision shall include, but                  might occur in carrying out this agreement/contract.
       not be limited to, the following: employment, upgrading,                       Minimum coverage shall be one million dollars
       demotion or transfer; recruitment or recruitment advertising;                  ($1,000,000) liability for bodily injury and property
       layoff or termination; rates of pay or other forms of                          damage including products liability and completed
       compensation; and selection for training, including appren-                    operations. Provide motor vehicle insurance for all
       ticeship. Except with respect to sexual orientation, the                       owned, non-owned and hired vehicles that are used
       contractor further agrees to take affirmative action to                        in carrying out this contract. Minimum coverage shall
       ensure equal employment opportunities.                                         be one million dollars ($1,000,000) per occurrence
                                                                                      combined single limit for automobile liability and
       19.1   Contracts estimated to be over twenty-five thousand                     property damage.
              dollars ($25,000) require the submission of a written
              affirmative action plan by the contractor. An exemp-             23.3   The state reserves the right to require higher or lower
              tion occurs from this requirement if the contractor has                 limits where warranted.
              a workforce of less than twenty-five (25) employes.
              Within fifteen (15) working days after the contract is
              awarded, the contractor must submit the plan to the
              contracting state agency for approval. Instructions
              on preparing the plan and technical assistance
              regarding this clause are available from the
              contracting state agency.

       19.2   The contractor agrees to post in conspicuous places,
              available for employes and applicants for employ-
              ment, a notice to be provided by the contracting state
              agency that sets forth the provisions of the State of
              Wisconsin's nondiscrimination law.
DOA-3054
Page 2 of 3


24.0           CANCELLATION: The State of Wisconsin reserves                    materials whenever technically and economically feasible.
       the right to cancel any contract in whole or in part without             Bidders are encouraged to bid products with recycled
       penalty due to nonappropriation of funds or for failure of the           content which meet specifications.
       contractor to comply with terms, conditions, and specifica-
       tions of this contract.                                           30.0          MATERIAL SAFETY DATA SHEET: If any item(s)
                                                                                on an order(s) resulting from this award(s) is a hazardous
25.0         VENDOR TAX DELINQUENCY: Vendors who have                           chemical, as defined under 29CFR 1910.1200, provide one
       a delinquent Wisconsin tax liability may have their                      (1) copy of a Material Safety Data Sheet for each item with
       payments offset by the State of Wisconsin.                               the shipped container(s) and one (1) copy with the
                                                                                invoice(s).
26.0           PUBLIC RECORDS ACCESS: It is the intention of
       the state to maintain an open and public process in the           31.0           PROMOTIONAL            ADVERTISING        /    NEWS
       solicitation, submission, review, and approval of                        RELEASES:         Reference to or use of the State of
       procurement activities.                                                  Wisconsin, any of its departments, agencies or other
                                                                                subunits, or any state official or employe for commercial
               Bid/proposal openings are public unless otherwise                promotion is prohibited. News releases pertaining to this
       specified.    Records may not be available for public                    procurement shall not be made without prior approval of the
       inspection prior to issuance of the notice of intent to award            State of Wisconsin.         Release of broadcast e-mails
       or the award of the contract.                                            pertaining to this procurement shall not be made without
                                                                                prior written authorization of the contracting agency.
27.0            PROPRIETARY INFORMATION: Any restrictions
       on the use of data contained within a request, must be            32.0           HOLD HARMLESS: The contractor will indemnify
       clearly stated in the bid/proposal itself.     Proprietary               and save harmless the State of Wisconsin and all of its
       information submitted in response to a request will be                   officers, Agents and employes from all suits, actions, or
       handled in accordance with applicable State of Wisconsin                 claims of any character brought for or on account of any
       procurement regulations and the Wisconsin public records                 injuries or damages received by any persons or property
       law. Proprietary restrictions normally are not accepted.                 resulting from the operations of the contractor, or of any of
       However, when accepted, it is the vendor's responsibility to             its contractors, in prosecuting work under this agreement.
       defend the determination in the event of an appeal or
       litigation.

       27.1   Data contained in a bid/proposal, all documentation
              provided therein, and innovations developed as a
              result of the contracted commodities or services
              cannot by copyrighted or patented. All data, docu-
              mentation, and innovations become the property of
              the State of Wisconsin.

       27.2   Any material submitted by the vendor in response to
              this request that the vendor considers confidential
              and proprietary information and which qualifies as a
              trade secret, as provided in s. 19.36(5), Wis. Stats.,
              or material which can be kept confidential under the
              Wisconsin public records law, must be identified on a
              Designation of Confidential and Proprietary Informa-
              tion form (DOA-3027).        Bidders/proposers may
              request the form if it is not part of the Request for
              Bid/Request for Proposal package. Bid/proposal
              prices cannot be held confidential.

28.0           DISCLOSURE: If a state public official (s. 19.42,
       Wis. Stats.), a member of a state public official's immediate
       family, or any organization in which a state public official or
       a member of the official's immediate family owns or controls
       a ten percent (10%) interest, is a party to this agreement,
       and if this agreement involves payment of more than three
       thousand dollars ($3,000) within a twelve (12) month
       period, this contract is voidable by the state unless appro-
       priate disclosure is made according to s. 19.45(6), Wis.
       Stats., before signing the contract. Disclosure must be
       made to the State of Wisconsin Ethics Board, 44 East
       Mifflin Street, Madison, Wisconsin 53707 (Telephone 608-
       266-8123).

              State classified and former employes and certain
       University of Wisconsin faculty/staff are subject to separate
       disclosure requirements, s. 16.417, Wis. Stats.

29.0          RECYCLED MATERIALS: The State of Wisconsin
       is required to purchase products incorporating recycled
State of Wisconsin                                                                                         Division of State Agency Services
Department of Administration                                                                                    State Bureau of Procurement
DOA-3333 (R04/2000)




                                                    Vendor Agreement
                                        Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts when
the contractors agree to extend their terms to them. Participating in the service gives vendors opportunities for additional sales without
additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town,
school district, board of school directors, sewer district, drainage district, vocational, technical and adult education dist rict, or any other
public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Wisconsin's Attorney General has opined that
tribal organizations are not Wisconsin municipalities.

If you agree to make the products or services of this contract available to Wisconsin municipalities, the Department of Admin istration
will provide the information through a subscription to the VendorNet system. Interested municipalities:

             will contact the contractor directly to place orders referencing the state agency contract number; and

              are responsible for receipt, acceptance, inspection of goods directly from the contractor, and making payment directly to
              the contractor.

A contractor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal deli very
areas, or other minimal changes for municipalities.

The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for de livery or
payment of any of these purchases.

A Vendor's Decision On Participating In This Service Has No Effect On Awarding The Contract.
        I Agree to make the products or services of this bid/proposal available to Wisconsin municipalities with any special conditions
        noted below.
        I Do Not Agree to make the products or services of this bid/proposal available to Wisconsin municipalities.
       (comments:)
Signature                                                                                Date (mm/dd/ccyy)


Name (Type or Print)                                                                         Title


Company                                                                                      Telephone

                                                                                             (        )
Address (Street)                                      City                                   State         ZIP + 4


Commodity/Service                                                                            Request for Bid/Proposal Number
STATE OF WISCONSIN                                                              Contract #
DOA-3478 (R12/96)                                                                             03-16
                                                       VENDOR REFERENCE

FOR VENDOR:

Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this
solicitation document. If vendor is proposing any arrangement involving a third party, the named references should
also be involved in a similar arrangement.

Company Name

Address (include ZIP +
4)

Contact Person                                                                Phone No.

Product(s) and/or Service(s) Used




Company Name

Address (include ZIP +
4)

Contact Person                                                                Phone No.

Product(s) and/or Service(s) Used




Company Name

Address (include ZIP +
4)

Contact Person                                                                Phone No

Product(s) and/or Service(s) Used




Company Name

Address (include ZIP + 4)

Contact Person                                                                Phone No.

Product(s) and/or Service(s) Used



This document can be made available in accessible formats to qualified individuals with disabilities.
STATE OF WISCONSIN




                                                              AFFIDAVIT



THIS COMPLETED AFFIDAVIT MUST BE SUBMITTED WITH THE RESPONSE TO THE SOLICITATION.

PREFERENCE Please indicate below if claiming a minority business preference.

             Minority Business Preference (s. 16.75(3m), Wis. Stats.) - Must be certified by the Wisconsin
              Department of Commerce. If you have questions concerning the certification process, contact the
              Wisconsin Department of Commerce, 8th Floor, 123 W. Washington Ave., P.O. Box 7970, Madison,
              Wisconsin 53707-7970,
              (608) 267-9550.


AMERICAN-MADE MATERIALS

The materials covered in our response were manufactured in whole or in substantial part within the United States, or the majority of the
component parts thereof were manufactured in whole or in substantial part in the United States.

         Yes               No              Unknown



In signing this affidavit we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any
collusion or otherwise taken any action in restraint of free trade; that no attempt has been made to induce any other person or firm to
submit or not to submit a response; that this response has been independently arrived at without collusion with any other competitor or
potential competitor; that this response has not been knowingly disclosed prior to opening of responses to any competitor; that the
above statement is accurate under penalty of perjury.

We will comply with all terms, conditions, and specifications required by the state in this solicitation and in our response.

Authorized Representative ___________________________________                Title ______________________________
                                                  Print

Authorized Representative ___________________________________                Date ______________________________
                                              Signature

Company Name ____________________________________________                    Telephone _________________________



This document can be made available in accessible formats to qualified individuals with disabilities.
Service Type    NPA NXX Subscribers    Service Type   NPA NXX Subscribers
Charter-CATV1.0   608 224          1   MP-ADSL          608 798          4
Charter-CATV1.0   608 231          2   MP-ADSL          608 821          2
Charter-CATV1.0   608 232          1   MP-ADSL          608 824          1
Charter-CATV1.0   608 233          1   MP-ADSL          608 826          1
Charter-CATV1.0   608 238          2   MP-ADSL          608 827          3
Charter-CATV1.0   608 241          1   MP-ADSL          608 829          2
Charter-CATV1.0   608 242          1   MP-ADSL          608 831          7
Charter-CATV1.0   608 244          3   MP-ADSL          608 833          8
Charter-CATV1.0   608 251          1   MP-ADSL          608 836          4
Charter-CATV1.0   608 265          1   MP-ADSL        ?    ?             1
Charter-CATV1.0   608 271          1   MP-SDSL          608 836          1
Charter-CATV1.0   608 273          1   TDS-ADSL         608 221          1
Charter-CATV1.0   608 837          3   TDS-ADSL         608 223          1
Charter-CATV1.0   608 849          2   TDS-ADSL         608 231          4
Charter-CATV1.0   608 850          1   TDS-ADSL         608 232          1
Charter-CATV1.5   608 204          1   TDS-ADSL         608 233        16
Charter-CATV1.5   608 209          1   TDS-ADSL         608 236          4
Charter-CATV1.5   608 218          2   TDS-ADSL         608 238        14
Charter-CATV1.5   608 231          1   TDS-ADSL         608 242          3
Charter-CATV1.5   608 232          1   TDS-ADSL         608 249          1
Charter-CATV1.5   608 233          6   TDS-ADSL         608 251          3
Charter-CATV1.5   608 238        11    TDS-ADSL         608 255          5
Charter-CATV1.5   608 240          1   TDS-ADSL         608 256          2
Charter-CATV1.5   608 241          2   TDS-ADSL         608 262          3
Charter-CATV1.5   608 242          3   TDS-ADSL         608 263          2
Charter-CATV1.5   608 244          2   TDS-ADSL         608 264          1
Charter-CATV1.5   608 246          2   TDS-ADSL         608 265          3
Charter-CATV1.5   608 249          1   TDS-ADSL         608 274          6
Charter-CATV1.5   608 251          2   TDS-ADSL         608 277          2
Charter-CATV1.5   608 255          1   TDS-ADSL         608 279          1
Charter-CATV1.5   608 262          4   TDS-ADSL         608 663          1
Charter-CATV1.5   608 271          1   TDS-ADSL       ?    ?             1
Charter-CATV1.5   608 274          1   TDS-SDSL         608 218          1
Charter-CATV1.5   608 275          1   TDS-SDSL         608 221          2
Charter-CATV1.5   608 277          2   TDS-SDSL         608 222          1
Charter-CATV1.5   608 278          2   TDS-SDSL         608 231          3
Charter-CATV1.5   608 288          1   TDS-SDSL         608 233          8
Charter-CATV1.5   608 444          1   TDS-SDSL         608 238          8
Charter-CATV1.5   608 661          1   TDS-SDSL         608 241          1
Charter-CATV1.5   608 829          1   TDS-SDSL         608 250          1
Charter-CATV1.5   608 831          1   TDS-SDSL         608 251          1
Charter-CATV1.5   608 833          1   TDS-SDSL         608 255          1
Charter-CATV1.5   608 836          2   TDS-SDSL         608 256          1
Charter-CATV1.5   608 837          1   TDS-SDSL         608 258          1
Charter-CATV1.5   608 838          1   TDS-SDSL         608 271          1
Charter-CATV1.5   608 846          2   TDS-SDSL         608 273          1
Charter-CATV1.5   608 848          2   TDS-SDSL         608 274          1
Charter-CATV1.5   608 850          1   TDS-SDSL         608 278          1
Charter-CATV1.5   608 877          1   TDS-SDSL         608 280          1
Charter-CATV1.5 ?    ?             1   TDS-SDSL         608 288          1
                                       TDS-SDSL       ?    ?             1
                                       Total                           232
Modem Type                 Modem Purchase Status   Count
Charter-CATV1.0            Lease                           22
Charter-CATV1.5            Lease                           62
Charter-CATV1.5            None                             3
MP-ADSL Speedstream 5667   Lease                           18
MP-ADSL Speedstream 5667   Purchase                        15
MP-SDSL PairGain 700F      Lease                            1
TDS-ADSL Paradyne 5620     Lease                           22
TDS-ADSL Paradyne 5620     None                             3
TDS-ADSL Paradyne 5620     Purchase                        50
TDS-SDSL Paradyne 6310     Lease                           11
TDS-SDSL Paradyne 6310     None                             1
TDS-SDSL Paradyne 6310     Purchase                        24
Total                                                      232

								
To top