REQUEST FOR PROPOSALS FOR NEXT GENERATION 911 …

RFP 33501-215002

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STATE OF TENNESSEE

DEPARTMENT OF COMMERCE AND INSURANCE TENNESSEE EMERGENCY COMMUNICATIONS BOARD

REQUEST FOR PROPOSALS

FOR NEXT GENERATION 911

EMERGENCY COMMUNICATION SERVICES

RFP # 33501-215002

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1. INTRODUCTION

The State of Tennessee, Department of Commerce and Insurance, Tennessee Emergency Communications Board (“TECB”), hereinafter referred to as “the State,” issues this Request for Proposals (RFP) to define minimum contract requirements; solicit responses; detail response requirements; and, outline the State’s process for evaluating responses and selecting a contractor to provide the needed goods or services.

Through this RFP, the State seeks to procure necessary goods or services at the most favorable, competitive prices and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities and small business enterprises, an opportunity to do business with the state as contractors, subcontractors or suppliers.

1.1. Statement of Procurement Purpose

Please see Pro Forma Attachment A for all solicitation definitions. TECB is a nine-member board administratively attached to the Tennessee Department of Commerce and Insurance. It is responsible for assisting each of the one hundred (100) emergency communications districts (ECDs) with management, operations and accountability as well as establishing emergency communications for all of the State’s residents and visitors. This includes providing the network and call-routing infrastructure that supports the delivery of requests for 911 assistance to each of the public safety answering points (PSAPs) within the ECDs. TECB has led the way concerning Next Generation 911 (NG911) and has been recognized as a national leader1 and early adopter of NG911 through the implementation of an Emergency Services Internet Protocol Network (ESInet) and a transitional Internet Protocol Selective Router (IPSR) solution. This RFP seeks to advance the infrastructure to account for the evolution of standards, technology, and services taking place in the public safety community. In doing so, TECB will further enhance the capabilities of 911 services and evolving technologies for both the individuals needing emergency assistance and the PSAPs responding to those in need of help. 1.1.1. Current Environment: The State has a population of more than six million, six hundred thousand (6,600,000) people, with one hundred (100) ECDs serving one hundred nineteen (119) primary, sixteen (16) secondary, and twenty-nine (29) backup PSAPs. While the majority of the ECDs have a single PSAP, several serve multiple PSAPs in their districts. A full list of PSAPs with addresses, position counts, call volumes, and populations are attached hereto as Attachment A. The State network processes an average of three million, two hundred sixty thousand (3,260,000) calls per year. The State is in the process of transitioning from the original IPSR solution, which utilizes Network Tennessee (NetTN) as the ESInet, to the nationwide AT&T ESInet service. The State anticipates that this process will be complete by August 2021. The State aggregation sites for NetTN and AT&T’s ESInet are located in Memphis, Nashville, Chattanooga, and Knoxville. Originating service provider (OSP) traffic is aggregated to two of the four locations. With approximately 2900 (+/- 10 percent) circuits terminating to each pair. There are approximately forty-one (41) total wireline carriers, twenty-two (22) competitive local exchange carriers (CLECs) and nineteen (19) incumbent local exchange carriers (ILECs) in the state. Since the implementation of NG911, the State and PSAPs have worked to enhance capabilities and advance the infrastructure needed as technologies evolve, including geographic information systems (GIS), operations, text-to-911, location accuracy, call handling, and Emergency Call Tracking System (ECaTS).

1 NG911 Institute 2017 Outstanding 911 Call Center/Program

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Geographic Information System: While the current solution does not utilize geospatial routing, the State and PSAPs have expended considerable effort in developing the GIS datasets necessary for the implementation of geospatial routing. Among the State’s 911 authorities, approximately 96 percent have achieved an 89 percent or better match between their site/structure address point (SSAP) and road centerline (RCL) datasets, with 65 percent achieving 98 percent SSAP-to-RCL match. Operations: The network includes a single Internet Protocol (IP) connection into each PSAP. The PSAPs have worked to identify routing rules in the event of outages or other issues concerning the network and/or PSAP operations. Text-to-911: A handful of PSAPs have deployed text-to-911 service, with approximately forty (40) that have deployments in progress. For the many that have not initiated deployments, they are awaiting integrated text-to-911 capabilities via the NG911 network. Location Accuracy: Three Tennessee PSAPs supported RapidSOS trials in 2017. This generated great interest throughout the State, leading to several PSAPs integrating the RapidSOS Portal, formerly known as RapidLite, which provides web access to data stored in the company’s public safety clearinghouse. Call Handling: The State enables the PSAPs to deploy an Intrado VIPER® call-handling-as-a-service (CHaaS) solution that utilizes the current IPSR and NetTN ESInet. There are approximately twenty-eight (28) PSAPs with one hundred six (106) positions that have deployed, and another thirteen (13) PSAPs that anticipate deployment over the next year. Emergency Call Tracking System (ECaTS): TECB is in the process of implementing a statewide dashboard that provides visibility into the network availability of each PSAP. More than seventy (70) PSAPs have implemented the platform in their facilities and approximately another thirty (30) are in progress. This tool provides visibility regarding the status of PSAPs across the State and offers PSAPs a similar view. Some PSAPs have taken advantage of ECaTS’ additional reporting capabilities.

1.1.2. Summary of Requirements:

This procurement is of great importance to TECB and PSAPs in Tennessee. The State expects enhanced capabilities, functionalities, and services to be available to all PSAPs through the completion of NG911 service transition prior to expiration of the State’s current ESInet/IPSR contract in June 2023. In addition to meeting the transition timeline, key elements for this service must include the following as detailed in the pro forma contract:

• An ESInet and National Emergency Number Association (NENA) i3-conformant Next

Generation Core Services (NGCS) solution that is secure, reliable, resilient, redundant, and diverse

• An open-vendor ecosystem that provides quick implementation of new integrated services as public safety technologies and capabilities advance

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• Use of the state’s existing GIS data for address validation at the SSAP level; address validation with centerline ranges is not acceptable

• Integrated text-to-911 • Integrated real-time text-to-911 • CHaaS – optional service for PSAPs • Integration with third-party commercial location information servers (LIS) • Integration with third-party commercial additional data repositories (ADR) • Use of the industry’s PSAP Credentialing Agency (PCA) • Exceptional network operation center (NOC) and technical support • Timely communication from the NOC and project management • Dedicated client manager • Flexible dashboards and analytics • Voice and data interoperability with neighboring ESInets • User training regarding transition requirements, processes, and tools available with the

service • Execution and verification of NENA i3 conformance testing

1.1.3. For the proposed contract, the estimated range for the contract is between Seventy-Five Million Dollars and Zero cents ($75,000,000.00) and Ninety-Three Million Five Hundred Thousand Dollars and Zero Cents ($93,500,000.00).

1.2. Scope of Service, Contract Period, & Required Terms and Conditions The RFP Attachment 6.6., Pro Forma Contract details the State’s requirements: Scope of Services and Deliverables (Section A); Contract Period (Section B); Payment Terms (Section C); Standard Terms and Conditions (Section D); and, Special Terms and Conditions (Section E). The pro forma contract substantially represents the contract document that the successful Respondent must sign.

1.3. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

1.4. RFP Communications

1.4.1. The State has assigned the following RFP identification number that must be referenced in all communications regarding this RFP: RFP # 33501-215002

1.4.2. Unauthorized contact about this RFP with employees or officials of the State of Tennessee

except as detailed below may result in disqualification from consideration under this procurement process.

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1.4.2.1. Prospective Respondents must direct communications concerning this RFP to the

following person designated as the Solicitation Coordinator: Kayla Cook, Sourcing Account Specialist Tennessee Department of General Services Central Procurement Office WRS Tennessee Tower, 3rd Floor 312 Rosa L. Parks Avenue Nashville, Tennessee 37243 E-mail Address: [email protected] Telephone (615) 741-9496

1.4.2.2. Notwithstanding the foregoing, Prospective Respondents may alternatively contact:

a. staff of the Governor’s Office of Diversity Business Enterprise for assistance available to minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities, and small businesses as well as general, public information relating to this RFP (visit https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html for contact information); and

b. the following individual designated by the State to coordinate compliance with the

nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations: Maliaka Bass, Deputy General Counsel Department of Commerce and Insurance 500 James Robertson Parkway Nashville, Tennessee 37243 [email protected] Telephone (615) 741-2199

1.4.3. Only the State’s official, written responses and communications with Respondents are binding

with regard to this RFP. Oral communications between a State official and one or more Respondents are unofficial and non-binding.

1.4.4. Potential Respondents must ensure that the State receives all written questions and comments,

including questions and requests for clarification, no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.4.5. Respondents must assume the risk of the method of dispatching any communication or response

to the State. The State assumes no responsibility for delays or delivery failures resulting from the Respondent’s method of dispatch. It is encouraged for suppliers to submit bids digitally.

1.4.6. The State will convey all official responses and communications related to this RFP to the

prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to RFP Section 1.7).

1.4.7. The State reserves the right to determine, at its sole discretion, the method of conveying official,

written responses and communications related to this RFP. Such written communications may be transmitted by mail, hand-delivery, facsimile, electronic mail, Internet posting, or any other means deemed reasonable by the State. For internet posting, please refer to the following website: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-

mailto:[email protected]

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--/godbe-general-contacts.html



https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information-/request-for-proposals--rfp--opportunities1.html

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/supplier-information-/request-for-proposals--rfp--opportunities1.html to the following: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html.

1.4.8. The State reserves the right to determine, at its sole discretion, the appropriateness and

adequacy of responses to written comments, questions, and requests related to this RFP. The State’s official, written responses will constitute an amendment of this RFP.

1.4.9. Any data or factual information provided by the State (in this RFP, an RFP amendment or any

other communication relating to this RFP) is for informational purposes only. The State will make reasonable efforts to ensure the accuracy of such data or information, however it is the Respondent’s obligation to independently verify any data or information provided by the State. The State expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Respondents.

All statistical or fiscal data or information provided by the State in conjunction with this RFP,

whether by way of exhibits, amendments or modifications to this RFP, are provided by the State “as is.” The State expressly disclaims any warranty as to the accuracy or the adequacy of any statistical or fiscal data that it provides to Respondents. A Respondent’s reliance upon the accuracy or adequacy of such data shall not be the basis of relief from contract performance or recovery of actual, consequential or punitive damages from the State.

1.5. Assistance to Respondents With a Handicap or Disability

Prospective Respondents with a handicap or disability may receive accommodation relating to the communication of this RFP and participating in the RFP process. Prospective Respondents may contact the Solicitation Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in the RFP Section 2, Schedule of Events.

1.6. Respondent Required Review & Waiver of Objections

1.6.1. Each prospective Respondent must carefully review this RFP, including but not limited to, attachments, the RFP Attachment 6.6., Pro Forma Contract, and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

1.6.2. Any prospective Respondent having questions and comments concerning this RFP must provide

them in writing to the State no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.6.3. Protests based on any objection to the RFP shall be considered waived and invalid if the

objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline.

1.7. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in the RFP Section 2, Schedule of Events, prospective Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond (in the form of a simple e-mail or other written communication). Such notice should include the following information: the business or individual’s name (as appropriate); a contact person’s name and title; and the contact person’s mailing address, telephone number, facsimile number, and e-mail address.

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information-/request-for-proposals--rfp--opportunities1.html

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html

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A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a response, however, it is necessary to ensure receipt of any RFP amendments or other notices and communications relating to this RFP.

1.8. Response Deadline

A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events. The State will not accept late responses, and a Respondent’s failure to submit a response before the deadline will result in disqualification of the response. It is the responsibility of the Respondent to ascertain any additional security requirements with respect to packaging and delivery to the State of Tennessee. Respondents should be mindful of any potential delays due to security screening procedures, weather, or other filing delays whether foreseeable or unforeseeable.

1.9. Performance Bond

The State shall require a performance bond upon approval of a contract pursuant to this RFP. The amount of the performance bond shall be an annual sum equal to twenty-five percent (25%) of the Maximum Liability of the contract and, thereafter, a new performance bond in an amount of one hundred percent (100%) of the Maximum Liability of the contract, and said amount shall not be reduced at any time during the period of the contract:

The successful Respondent must obtain the required performance bond in form and substance acceptable to the State (refer to RFP Attachment 6.6., Pro Forma Contract, Attachment F, Model Performance Bond) and provide it to the State no later than the performance bond deadline detailed in the RFP Section 2, Schedule of Events. After contract award, the successful Respondent must meet this performance bond requirement by providing the State either:

a. a performance bond that covers the entire Contract period including all options to extend the

Contract, or b. a performance bond for the first, twelve (12) calendar months of the Contract in the amount detailed

above, and, thereafter, a new or re-issued performance bond in the amount detailed above covering each subsequent twelve (12) calendar month period of the Contract. (In which case, the Contractor must provide the new (or re-issued) performance bonds to the State no later than thirty (30) days preceding each subsequent period of the Contract to be covered by the new (or re-issued) bond.)

The successful Respondent must make all necessary arrangements for the performance bond prior to the Contract start date and prior to any subsequent performance bond deadlines in the case of an annual performance bond. The Respondent is responsible for securing the services of any fidelity or guaranty underwriter. The performance bond requirement set forth above is a material condition for the award of a contract or any renewal or extension of any contract that is awarded. The Respondent’s/Contractor’s failure to provide to the State a performance bond as required by RFP Section 2, Schedule of Events, shall entitle the State to exercise any and all rights it has in law or in equity. During the term of the Contract, the Respondent’s/Contractor’s failure to periodically provide to the State a new or re-issued performance bond, no later than thirty (30) days preceding each period of the Contract to be covered by the new or re-issued performance bond, shall entitle the State to exercise any and all rights it has in law or in equity.

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2. RFP SCHEDULE OF EVENTS 2.1. The following RFP Schedule of Events represents the State’s best estimate for this RFP.

EVENT

TIME (central time zone)

DATE

1. RFP Issued March 22, 2021

2. Disability Accommodation Request Deadline 2:00 p.m. March 25, 2021

3. Notice of Intent to Respond Deadline 2:00 p.m. March 26, 2021

4. Written “Questions & Comments” Deadline 2:00 p.m. April 5, 2021

5. State Response to Written “Questions & Comments” April 26, 2021

6. Response Deadline 12:00 p.m. July 12, 2021

7. State Completion of Technical Response Evaluations August 3, 2021

8. State Opening & Scoring of Cost Proposals 9:00 a.m. August 4, 2021

9. Negotiations (Optional) August 5 – 16, 2021

10. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection 2:00 p.m. August 17, 2021

11. End of Open File Period August 24, 2021

12. State sends contract to Contractor for signature August 25, 2021

13. Contractor Signature Deadline 2:00 p.m. August 27, 2021

2.2. The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it

deems necessary. Any adjustment of the Schedule of Events shall constitute an RFP amendment, and the State will communicate such to prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to section 1.7).

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3. RESPONSE REQUIREMENTS 3.1. Response Form

A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal.

3.1.1. Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides

the specific requirements for submitting a response. This guide includes mandatory requirement items, general qualifications and experience items, and technical qualifications, experience, and approach items all of which must be addressed with a written response and, in some instances, additional documentation.

NOTICE: A technical response must not include any pricing or cost information. If any pricing or cost information amounts of any type (even pricing relating to other projects) is included in any part of the technical response, the state may deem the response to be non-responsive and reject it.

3.1.1.1. A Respondent must use the RFP Attachment 6.2., Technical Response & Evaluation

Guide to organize, reference, and draft the Technical Response by duplicating the attachment, adding appropriate page numbers as required, and using the guide as a table of contents covering the Technical Response.

3.1.1.2. A response should be economically prepared, with emphasis on completeness and

clarity. A response, as well as any reference material presented, must be written in English and must be written on standard 8 ½” x 11” pages (although oversize exhibits are permissible) and use a 12 point font for text. All response pages must be numbered.

3.1.1.3. All information and documentation included in a Technical Response should

correspond to or address a specific requirement detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will not contribute to evaluations.

3.1.1.4. The State may determine a response to be non-responsive and reject it if:

a. the Respondent fails to organize and properly reference the Technical Response

as required by this RFP and the RFP Attachment 6.2., Technical Response & Evaluation Guide; or

b. the Technical Response document does not appropriately respond to, address, or

meet all of the requirements and response items detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide.

3.1.2. Cost Proposal. A Cost Proposal must be recorded on an exact duplicate of the RFP Attachment

6.3., Cost Proposal & Scoring Guide.

NOTICE: If a Respondent fails to submit a cost proposal exactly as required, the State may deem the response to be non-responsive and reject it.

3.1.2.1. A Respondent must only record the proposed cost exactly as required by the RFP

Attachment 6.3., Cost Proposal & Scoring Guide and must NOT record any other rates, amounts, or information.

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3.1.2.2. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period, including any renewals or extensions.

3.1.2.3. A Respondent must sign and date the Cost Proposal. 3.1.2.4. A Respondent must submit the Cost Proposal to the State in a separate e-mail or on a

separate CD or USB flash drive from the Technical Response (as detailed in RFP Sections 3.2.3., et. seq)..

3.2. Response Delivery

3.2.1. A Respondent must ensure that both the Technical Response and Cost Proposal files meet all form and content requirements, including all required signatures, as detailed within this RFP, as may be amended.

3.2.2. A Respondent must submit their response as specified in one of the two formats below.

3.2.2.1. Digital Media Submission

3.2.2.1.1. Technical Response

The Technical Response document should be in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, standard CD-R recordable disc or USB flash drive and should be clearly identified as the: “RFP # 33501-215002 TECHNICAL RESPONSE ORIGINAL” and twelve (12) digital copies of the Technical Response each in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, standard CD-R recordable disc or USB flash drive clearly labeled: “RFP # 33501-215002 TECHNICAL RESPONSE COPY” The customer references should be delivered by each reference in accordance with RFP Attachment 6.2, Section B.17. “RFP # 33501-215002 TECHNICAL RESPONSE COPY” 3.2.2.1.2. Cost Proposal:

The Cost Proposal should be in the form of one (1) digital document in “PDF” or “XLS” format properly recorded on a separate, otherwise blank, standard CD-R recordable disc or USB flash drive clearly labeled:

“RFP # 33501-215002 COST PROPOSAL”

An electronic or facsimile signature, as applicable, on the Cost Proposal is acceptable.

3.2.2.2. E-Mail Submission

3.2.2.2.1. Technical Response

The Technical Response document should be in the form of one (1) digital document in “PDF” format or other easily accessible digital format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should both be clearly identified as follows:

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“RFP #33501-215002 TECHNICAL RESPONSE” The customer references should be delivered by each reference in accordance with RFP Attachment 6.2, Section B.17. 3.2.2.2.2. Cost Proposal

The Cost Proposal should be in the form of one (1) digital document in “PDF” or “XLS” format or other easily accessible digital format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should both be clearly identified as follows:

“RFP #33501-215002 COST PROPOSAL” An electronic or facsimile signature, as applicable, on the Cost Proposal is acceptable.

3.2.3. For e-mail submissions, the Technical Response and Cost Proposal documents must be dispatched to the Solicitation Coordinator in separate e-mail messages. For digital media submissions, a Respondent must separate, seal, package, and label the documents and copies for delivery as follows: 3.2.3.1. The Technical Response and copies must be placed in a sealed package that is clearly

labeled: “DO NOT OPEN… RFP # 33501-215002 TECHNICAL RESPONSE FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.3.2. The Cost Proposal must be placed in a separate, sealed package that is clearly

labeled: “DO NOT OPEN… RFP # 33501-215002 COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.3.3. The separately, sealed Technical Response and Cost Proposal components may be

enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled: “RFP # 33501-215002 SEALED TECHNICAL RESPONSE & SEALED COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.3.4. Any Respondent wishing to submit a Response in a format other than digital may do so by contacting the Solicitation Coordinator.

3.2.4. A Respondent must ensure that the State receives a response no later than the Response

Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following address: Kayla Cook, Sourcing Account Specialist

Tennessee Department of General Services Central Procurement Office WRS Tennessee Tower, 3rd Floor 312 Rosa L. Parks Avenue Nashville, Tennessee 37243 E-mail Address: [email protected] Telephone (615) 741-9496


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3.3. Response & Respondent Prohibitions

3.3.1. A response must not include alternate contract terms and conditions. If a response contains such terms and conditions, the State, at its sole discretion, may determine the response to be a non- responsive counteroffer and reject it. 3.3.2. A Respondent shall not include in its response, or after contract award, any end-user license

agreement, manufacturer’s terms and conditions, service guide, clickwrap agreement, shrinkwrap agreement, online terms and conditions, or other terms and conditions that supplement, modify, or contradict the terms set forth in the pro forma contract.

3.3.3. A response must not restrict the rights of the State or otherwise qualify either the offer to deliver

goods or provide services as required by this RFP or the Cost Proposal. If a response restricts the rights of the State or otherwise qualifies either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal, the State, at its sole discretion, may determine the response to be a non-responsive counteroffer and reject it.

3.3.4. A response must not propose alternative goods or services (i.e., offer services different from

those requested and required by this RFP) unless expressly requested in this RFP. The State may consider a response of alternative goods or services to be non-responsive and reject it.

3.3.5. A Cost Proposal must be prepared and arrived at independently and must not involve any

collusion between Respondents. The State will reject any Cost Proposal that involves collusion, consultation, communication, or agreement between Respondents. Regardless of the time of detection, the State will consider any such actions to be grounds for response rejection or contract termination.

3.3.6. A Respondent must not provide, for consideration in this RFP process or subsequent contract

negotiations, any information that the Respondent knew or should have known was materially incorrect. If the State determines that a Respondent has provided such incorrect information, the State will deem the Response non-responsive and reject it.

3.3.7. A Respondent must not submit more than one Technical Response and one Cost Proposal in

response to this RFP, except as expressly requested by the State in this RFP. If a Respondent submits more than one Technical Response or more than one Cost Proposal, the State will deem all of the responses non-responsive and reject them.

3.3.8. A Respondent may submit a response as a prime contractor while also permitting one or more

other Respondents to offer the Respondent as a subcontractor in their own responses.

3.3.9. The State shall not consider a response from an individual who is, or within the past six (6) months has been, a State employee. For purposes of this RFP:

3.3.9.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

3.3.9.2. A contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

3.3.9.3. A contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

3.3.10. This RFP is also subject to Tenn. Code Ann. § 12-4-101—105.

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3.4. Response Errors & Revisions A Respondent is responsible for any and all response errors or omissions. A Respondent will not be allowed to alter or revise response documents after the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events unless such is formally requested, in writing, by the State.

3.5. Response Withdrawal

A Respondent may withdraw a submitted response at any time before the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events by submitting a written request signed by an authorized Respondent representative. After withdrawing a response, a Respondent may submit another response at any time before the Response Deadline. After the Response Deadline, a Respondent may only withdraw all or a portion of a response where the enforcement of the response would impose an unconscionable hardship on the Respondent.

3.6. Additional Services

If a response offers goods or services in addition to those required by and described in this RFP, the State, at its sole discretion, may add such services to the contract awarded as a result of this RFP. Notwithstanding the foregoing, a Respondent must not propose any additional cost amounts or rates for additional goods or services. Regardless of any additional services offered in a response, the Respondent’s Cost Proposal must only record the proposed cost as required in this RFP and must not record any other rates, amounts, or information. NOTICE: If a Respondent fails to submit a Cost Proposal exactly as required, the State may deem the response non-responsive and reject it.

3.7. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any response.

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4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS 4.1. RFP Amendment

The State at its sole discretion may amend this RFP, in writing, at any time prior to contract award. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential Respondents to meet the response deadline and revise the RFP Schedule of Events if deemed appropriate. If an RFP amendment is issued, the State will convey it to potential Respondents who submitted a Notice of Intent to Respond (refer to RFP Section 1.7). A response must address the final RFP (including its attachments) as amended.

4.2. RFP Cancellation

The State reserves the right, at its sole discretion, to cancel the RFP or to cancel and reissue this RFP in accordance with applicable laws and regulations.

4.3. State Right of Rejection

4.3.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all responses.

4.3.2. The State may deem as non-responsive and reject any response that does not comply with all

terms, conditions, and performance requirements of this RFP. Notwithstanding the foregoing, the State reserves the right to waive, at its sole discretion, minor variances from full compliance with this RFP. If the State waives variances in a response, such waiver shall not modify the RFP requirements or excuse the Respondent from full compliance, and the State may hold any resulting Contractor to strict compliance with this RFP.

4.4. Assignment & Subcontracting

4.4.1. The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFP without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.4.2. If a Respondent intends to use subcontractors, the response to this RFP must specifically identify

the scope and portions of the work each subcontractor will perform (refer to RFP Attachment 6.2., Section B, General Qualifications & Experience Item B.14.).

4.4.3. Subcontractors identified within a response to this RFP will be deemed as approved by the State

unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract.

4.4.4. After contract award, a Contractor may only substitute an approved subcontractor at the

discretion of the State and with the State’s prior, written approval. 4.4.5. Notwithstanding any State approval relating to subcontracts, the Respondent who is awarded a

contract pursuant to this RFP will be the prime contractor and will be responsible for all work under the Contract.

4.5. Right to Refuse Personnel or Subcontractors

The State reserves the right to refuse, at its sole discretion and notwithstanding any prior approval, any personnel of the prime contractor or a subcontractor providing goods or services in the performance of a contract resulting from this RFP. The State will document in writing the reason(s) for any rejection of personnel.

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4.6. Insurance The State will require the awarded Contractor to provide a Certificate of Insurance issued by an insurance company licensed or authorized to provide insurance in the State of Tennessee. Each Certificate of Insurance shall indicate current insurance coverages meeting minimum requirements as may be specified by this RFP. A failure to provide a current, Certificate of Insurance will be considered a material breach and grounds for contract termination.

4.7. Professional Licensure and Department of Revenue Registration

4.7.1. All persons, agencies, firms, or other entities that provide legal or financial opinions, which a Respondent provides for consideration and evaluation by the State as a part of a response to this RFP, shall be properly licensed to render such opinions.

4.7.2. Before the Contract resulting from this RFP is signed, the apparent successful Respondent (and

Respondent employees and subcontractors, as applicable) must hold all necessary or appropriate business or professional licenses to provide the goods or services as required by the contract. The State may require any Respondent to submit evidence of proper licensure.

4.7.3. Before the Contract resulting from this RFP is signed, the apparent successful Respondent must

be registered with the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. The State shall not award a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following: https://tntap.tn.gov/eservices/_/#1

4.8. Disclosure of Response Contents

4.8.1. All materials submitted to the State in response to this RFP shall become the property of the State of Tennessee. Selection or rejection of a response does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full response contents and associated documents will become open to public inspection in accordance with the laws of the State of Tennessee.

4.8.2. The State will hold all response information, including both technical and cost information, in

confidence during the evaluation process. 4.8.3. Upon completion of response evaluations, indicated by public release of a Notice of Intent to

Award, the responses and associated materials will be open for review by the public in accordance with Tenn. Code Ann. § 10-7-504(a)(7).

4.9. Contract Approval and Contract Payments

4.9.1. After contract award, the Contractor who is awarded the contract must submit appropriate documentation with the Department of Finance and Administration, Division of Accounts.

4.9.2. This RFP and its contractor selection processes do not obligate the State and do not create

rights, interests, or claims of entitlement in either the Respondent with the apparent best-evaluated response or any other Respondent. State obligations pursuant to a contract award shall commence only after the Contract is signed by the State agency head and the Contractor and after the Contract is approved by all other state officials as required by applicable laws and regulations.

https://tntap.tn.gov/eservices/_/#1

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4.9.3. No payment will be obligated or made until the relevant Contract is approved as required by applicable statutes and rules of the State of Tennessee.

4.9.3.1. The State shall not be liable for payment of any type associated with the Contract

resulting from this RFP (or any amendment thereof) or responsible for any goods delivered or services rendered by the Contractor, even goods delivered or services rendered in good faith and even if the Contractor is orally directed to proceed with the delivery of goods or the rendering of services, if it occurs before the Contract Effective Date or after the Contract Term.

4.9.3.2. All payments relating to this procurement will be made in accordance with the Payment

Terms and Conditions of the Contract resulting from this RFP (refer to RFP Attachment 6.6., Pro Forma Contract, Section C).

4.9.3.3. If any provision of the Contract provides direct funding or reimbursement for the

competitive purchase of goods or services as a component of contract performance or otherwise provides for the reimbursement of specified, actual costs, the State will employ all reasonable means and will require all such documentation that it deems necessary to ensure that such purchases were competitive and costs were reasonable, necessary, and actual. The Contractor shall provide reasonable assistance and access related to such review. Further, the State shall not remit, as funding or reimbursement pursuant to such provisions, any amounts that it determines do not represent reasonable, necessary, and actual costs.

4.10. Contractor Performance

The Contractor who is awarded a contract will be responsible for the delivery of all acceptable goods or the satisfactory completion of all services set out in this RFP (including attachments) as may be amended. All goods or services are subject to inspection and evaluation by the State. The State will employ all reasonable means to ensure that goods delivered or services rendered are in compliance with the Contract, and the Contractor must cooperate with such efforts.

4.11. Contract Amendment

After Contract award, the State may request the Contractor to deliver additional goods or perform additional services within the general scope of the Contract and this RFP, but beyond the specified Scope, and for which the Contractor may be compensated. In such instances, the State will provide the Contractor a written description of the additional goods or services. The Contractor must respond to the State with a time schedule for delivering the additional goods or accomplishing the additional services based on the compensable units included in the Contractor’s response to this RFP. If the State and the Contractor reach an agreement regarding the goods or services and associated compensation, such agreement must be effected by means of a contract amendment. Further, any such amendment requiring additional goods or services must be signed by both the State agency head and the Contractor and must be approved by other state officials as required by applicable statutes, rules, policies and procedures of the State of Tennessee. The Contractor must not provide additional goods or render additional services until the State has issued a written contract amendment with all required approvals.

4.12. Severability

If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of the State and Respondents will be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

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4.13. Next Ranked Respondent The State reserves the right to initiate negotiations with the next ranked Respondent should the State cease doing business with any Respondent selected via this RFP process.

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5. EVALUATION & CONTRACT AWARD 5.1. Evaluation Categories & Maximum Points

The State will consider qualifications, experience, technical approach, and cost in the evaluation of responses and award points in each of the categories detailed below (up to the maximum evaluation points indicated) to each response deemed by the State to be responsive.

EVALUATION CATEGORY MAXIMUM POINTS POSSIBLE

General Qualifications & Experience (refer to RFP Attachment 6.2., Section B) 30

Technical Qualifications, Experience & Approach (refer to RFP Attachment 6.2., Section C)

50

Cost Proposal (refer to RFP Attachment 6.3.) 20

5.2. Evaluation Process

The evaluation process is designed to award the contract resulting from this RFP not necessarily to the Respondent offering the lowest cost, but rather to the Respondent deemed by the State to be responsive and responsible who offers the best combination of attributes based upon the evaluation criteria. (“Responsive Respondent” is defined as a Respondent that has submitted a response that conforms in all material respects to the RFP. “Responsible Respondent” is defined as a Respondent that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.)

5.2.1. Technical Response Evaluation. The Solicitation Coordinator and the Proposal Evaluation

Team (consisting of three (3) or more State employees) will use the RFP Attachment 6.2., Technical Response & Evaluation Guide to manage the Technical Response Evaluation and maintain evaluation records.

5.2.1.1. The State reserves the right, at its sole discretion, to request Respondent clarification

of a Technical Response or to conduct clarification discussions with any or all Respondents. Any such clarification or discussion will be limited to specific sections of the response identified by the State. The subject Respondent must put any resulting clarification in writing as may be required and in accordance with any deadline imposed by the State.

5.2.1.2. The Solicitation Coordinator will review each Technical Response to determine

compliance with RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A— Mandatory Requirements. If the Solicitation Coordinator determines that a response failed to meet one or more of the mandatory requirements, the Proposal Evaluation Team will review the response and document the team’s determination of whether:

a. the response adequately meets RFP requirements for further evaluation;

b. the State will request clarifications or corrections for consideration prior to further

evaluation; or,

c. the State will determine the response to be non-responsive to the RFP and reject it. 5.2.1.3. Proposal Evaluation Team members will independently evaluate each Technical

Response (that is responsive to the RFP) against the evaluation criteria in this RFP,

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and will score each in accordance with the RFP Attachment 6.2., Technical Response & Evaluation Guide.

5.2.1.4. For each response evaluated, the Solicitation Coordinator will calculate the average of

the Proposal Evaluation Team member scores for RFP Attachment 6.2., Technical Response & Evaluation Guide, and record each average as the response score for the respective Technical Response section.

5.2.1.5. Before Cost Proposals are opened, the Proposal Evaluation Team will review the

Technical Response Evaluation record and any other available information pertinent to whether or not each Respondent is responsive and responsible. If the Proposal Evaluation Team identifies any Respondent that does not meet the responsive and responsible thresholds such that the team would not recommend the Respondent for Cost Proposal Evaluation and potential contract award, the team members will fully document the determination.

5.2.2. Cost Proposal Evaluation. The Solicitation Coordinator will open for evaluation the Cost

Proposal of each Respondent deemed by the State to be responsive and responsible and calculate and record each Cost Proposal score in accordance with the RFP Attachment 6.3., Cost Proposal & Scoring Guide.

5.2.3. Clarifications and Negotiations: The State reserves the right to award a contract on the basis

of initial responses received, therefore, each response shall contain the Respondent’s best terms and conditions from a technical and cost standpoint. The State reserves the right to conduct clarifications or negotiations with one or more Respondents. All communications, clarifications, and negotiations shall be conducted in a manner that supports fairness in response improvement.

5.2.3.1. Clarifications: The State may identify areas of a response that may require further

clarification or areas in which it is apparent that there may have been miscommunications or misunderstandings as to the State’s specifications or requirements. The State may seek to clarify those issues identified during one or multiple clarification rounds. Each clarification sought by the State may be unique to an individual Respondent, provided that the process is conducted in a manner that supports fairness in response improvement.

5.2.3.2. Negotiations: The State may elect to negotiate with one or more Respondents by

requesting revised responses, negotiating costs, or finalizing contract terms and conditions. The State reserves the right to conduct multiple negotiation rounds or no negotiations at all.

5.2.3.3. Cost Negotiations: All Respondents, selected for negotiation by the State, will be given

equivalent information with respect to cost negotiations. All cost negotiations will be documented for the procurement file. Additionally, the State may conduct target pricing and other goods or services level negotiations. Target pricing may be based on considerations such as current pricing, market considerations, benchmarks, budget availability, or other methods that do not reveal individual Respondent pricing. During target price negotiations, Respondents are not obligated to reduce their pricing to target prices, but no Respondent is allowed to increase prices.

5.2.3.4. If the State determines that it is unable to successfully negotiate terms and conditions of

a contract with the apparent best evaluated Respondent, the State reserves the right to bypass the apparent best evaluated Respondent and enter into terms and conditions contract negotiations with the next apparent best evaluated Respondent.

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5.2.4. Total Response Score. The Solicitation Coordinator will calculate the sum of the Technical Response section scores and the Cost Proposal score and record the resulting number as the total score for the subject Response (refer to RFP Attachment 6.5., Score Summary Matrix).

5.3. Contract Award Process

5.3.1 The Solicitation Coordinator will submit the Proposal Evaluation Team determinations and scores to the head of the procuring agency for consideration along with any other relevant information that might be available and pertinent to contract award.

5.3.2. The procuring agency head will determine the apparent best-evaluated Response. To effect a

contract award to a Respondent other than the one receiving the highest evaluation process score, the head of the procuring agency must provide written justification and obtain the written approval of the Chief Procurement Officer and the Comptroller of the Treasury.

5.3.3. The State will issue a Notice of Intent to Award identifying the apparent best-evaluated response

and make the RFP files available for public inspection at the time and date specified in the RFP Section 2, Schedule of Events. NOTICE: The Notice of Intent to Award shall not create rights, interests, or claims of entitlement in either the apparent best-evaluated Respondent or any other Respondent.

5.3.4. The Respondent identified as offering the apparent best-evaluated response must sign a contract

drawn by the State pursuant to this RFP. The Contract shall be substantially the same as the RFP Attachment 6.6., Pro Forma Contract. The Respondent must sign the contract by the Contractor Signature Deadline detailed in the RFP Section 2, Schedule of Events. If the Respondent fails to provide the signed Contract by this deadline, the State may determine that the Respondent is non-responsive to this RFP and reject the response.

5.3.5. Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited terms and

conditions or pricing negotiations prior to Contract signing and, as a result, revise the pro forma contract terms and conditions or performance requirements in the State’s best interests, PROVIDED THAT such revision of terms and conditions or performance requirements shall NOT materially affect the basis of response evaluations or negatively impact the competitive nature of the RFP and contractor selection process.

5.3.6. If the State determines that a response is non-responsive and rejects it after opening Cost

Proposals, the Solicitation Coordinator will re-calculate scores for each remaining responsive Cost Proposal to determine (or re-determine) the apparent best-evaluated response.

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RFP ATTACHMENT 6.1.

RFP # 33501-215002 STATEMENT OF CERTIFICATIONS AND ASSURANCES The Respondent must sign and complete the Statement of Certifications and Assurances below as required, and it must be included in the Technical Response (as required by RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A, Item A.1.).

The Respondent does, hereby, expressly affirm, declare, confirm, certify, and assure ALL of the following: 1. The Respondent will comply with all of the provisions and requirements of the RFP. 2. The Respondent will provide all services as defined in the Scope of the RFP Attachment 6.6., Pro Forma Contract for

the total Contract Term. 3. The Respondent, except as otherwise provided in this RFP, accepts and agrees to all terms and conditions set out in

the RFP Attachment 6.6., Pro Forma Contract. 4. The Respondent acknowledges and agrees that a contract resulting from the RFP shall incorporate, by reference, all

proposal responses as a part of the Contract. 5. The Respondent will comply with:

(a) the laws of the State of Tennessee; (b) Title VI of the federal Civil Rights Act of 1964; (c) Title IX of the federal Education Amendments Act of 1972; (d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; and, (e) the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government.

6. To the knowledge of the undersigned, the information detailed within the response submitted to this RFP is accurate. 7. The response submitted to this RFP was independently prepared, without collusion, under penalty of perjury. 8. No amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages,

compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Respondent in connection with this RFP or any resulting contract.

9. Both the Technical Response and the Cost Proposal submitted in response to this RFP shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant to the RFP.

10. The Respondent affirms the following statement, as required by the Iran Divestment Act Tenn. Code Ann. § 12-12-111: “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to §12-12-106.” For reference purposes, the list is currently available online at: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html.

By signing this Statement of Certifications and Assurances, below, the signatory also certifies legal authority to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the signatory is not the Respondent (if an individual) or the Respondent’s company President or Chief Executive Officer, this document must attach evidence showing the individual’s authority to bind the Respondent.

DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE RESPONDENT

SIGNATURE:

PRINTED NAME & TITLE:

DATE:

RESPONDENT LEGAL ENTITY NAME:

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/library-/public-information-library.html

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RFP ATTACHMENT 6.2. — Section A

TECHNICAL RESPONSE & EVALUATION GUIDE SECTION A: MANDATORY REQUIREMENTS. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. The Solicitation Coordinator will review the response to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Proposal Evaluation Team must review the response and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFP requirements.


Response Page #

(Respondent completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

The Response must be delivered to the State no later than the Response Deadline specified in the RFP Section 2, Schedule of Events.

The Technical Response and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et. seq.).

The Technical Response must NOT contain cost or pricing information of any type.

The Technical Response must NOT contain any restrictions of the rights of the State or other qualification of the response.

A Respondent must NOT submit alternate responses (refer to RFP Section 3.3.).

A Respondent may submit multiple responses in different forms (as a prime and a subcontractor) (refer to RFP Section 3.3.).

A.1. Provide the Statement of Certifications and Assurances (RFP Attachment 6.1.) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification.

A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall cause to deliver goods or perform services under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee) and, if so, the nature of that conflict. NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award.

A.3. Provide an official document or letter from an accredited credit bureau, verified and dated within the last three (3) months and indicating a positive credit rating for the Respondent (NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.

A.4. Provide a current bank reference indicating that the Respondent’s business relationship with the financial institution is in positive standing. Such reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months.

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Response Page #



A.5. Provide a current credit rating from Moody’s, Standard & Poor’s, A.M. Best or Fitch Ratings, verified and dated within the last three (3) months and indicating a positive credit rating for the Respondent.

OR, in lieu of the aforementioned credit rating, provide an official document or letter from an accredited credit bureau, verified and dated within the last three (3) months and indicating a satisfactory credit score for the Respondent (NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.)

A.6. Provide a confirmation statement that if awarded the contract, the Respondent will provide a valid, Certificate of Insurance that is verified and dated within the last six (6) months and which details all of the following: (a) Name of the Insurance Company (b) Respondent’s Name and Address as the Insured (c) Policy Number (d) The following minimum insurance coverages:

(i) Workers’ Compensation/ Employers’ Liability with a limit not less than the relevant statutory amount or WRITTEN AMOUNT Dollars ($NUMBER AMOUNT) per occurrence for employers’ liability;

(ii) Comprehensive Commercial General Liability (including personal injury and property damage, premises/operations, independent contractor, contractual liability and completed operations/products) with a bodily injury/property damage combined single limit not less than WRITTEN AMOUNT Dollars ($NUMBER AMOUNT) per occurrence and WRITTEN AMOUNT Dollars ($NUMBER AMOUNT) aggregate;

(iii) Automobile Coverage (including owned, leased, hired, and non-owned vehicles) with a bodily injury/property damage combined single limit not less than WRITTEN AMOUNT Dollars ($NUMBER AMOUNT) per occurrence; and

(iv) Professional Liability with a limit of not less than WRITTEN AMOUNT Dollars ($NUMBER AMOUNT) per claim and WRITTEN AMOUNT Dollars ($NUMBER AMOUNT) in the aggregate.

(e) The following information applicable to each type of insurance coverage: (i) Coverage Description, (ii) Exceptions and Exclusions, (iii) Policy Effective Date, (iv) Policy Expiration Date, and

(v) Limit(s) of Liability.

A.7. Provide the Respondent’s most recent independent audited financial statements. Said independent audited financial statements must: (1) reflect an audit period for a fiscal year ended within the last 36 months; (2) be prepared with all monetary amounts detailed in United States

currency; (3) be prepared under United States Generally Accepted Accounting

Principles (US GAAP);

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Response Page #



(4) include the auditor’s opinion letter; financial statements; and the notes to the financial statements; and

(5) be deemed, in the sole discretion of the State to reflect sufficient financial stability to undertake the subject contract with the State if awarded pursuant to this RFP.

NOTES: Reviewed or Compiled Financial Statements will not be deemed

responsive to this requirement and will not be accepted. All persons, agencies, firms, or other entities that provide opinions regarding the Respondent’s financial status must be properly licensed to render such opinions. The State may require the Respondent to submit proof that the person or entity who renders an opinion regarding the Respondent’s financial status is licensed, including the license number and state in which the person or entity is licensed.

OR, in lieu of the aforementioned independent audited financial statements, provide a financial institution’s letter of commitment for a general Line of Credit in the amount of WRITTEN AMOUNT ≥ ONE MILLION DOLLARS ($NUMBER AMOUNT), U.S. currency, available to the Respondent. Said letter must specify the Respondent’s name, be signed and dated within the past three (3) months by an authorized agent of the financial institution, and indicate that the Line of Credit shall be available for at least PERIOD ≥ 6 MONTHS.

A.8. Provide a statement confirming that, if awarded a contract pursuant to this RFP, the Respondent shall deliver a Performance Bond to the State in accordance with the requirements of this RFP. The statement must be signed by an individual with legal authority to bind the Respondent to the provisions of this RFP and any contract awarded pursuant to it.

A.9. Provide a copy of Respondent’s Acceptable Use Policy.

A.10. Provide documentation of Respondent’s proposed billing escalation process in accordance with Section C.5. of the Pro Forma Contract.

State Use – Solicitation Coordinator Signature, Printed Name & Date:

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RFP ATTACHMENT 6.2. — SECTION B

TECHNICAL RESPONSE & EVALUATION GUIDE SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Proposal Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.


Response Page #


Item Ref. Section B— General Qualifications & Experience Items

B.1. Detail the name, e-mail address, mailing address, telephone number, and facsimile number of the person the State should contact regarding the response.

B.2. Describe the Respondent’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and business location (physical location or domicile).

B.3. Detail the number of years the Respondent has been in business.

B.4. Briefly describe how long the Respondent has been providing the goods or services required by this RFP.

B.5. Describe the Respondent’s number of employees, client base, and location of offices.

B.6. Provide a statement of whether there have been any mergers, acquisitions, or change of control of the Respondent within the last ten (10) years. If so, include an explanation providing relevant details.

B.7. Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the Respondent’s employees, agents, independent contractors, or subcontractors, involved in the delivery of goods or performance of services on a contract pursuant to this RFP, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details.

B.8. Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanation providing relevant details.

B.9. Provide a statement of whether there is any material, pending litigation against the Respondent that the Respondent should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFP or is likely to have a material adverse effect on the Respondent’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Respondent’s performance in a contract pursuant to this RFP.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of license for each person or entity that renders such opinions.

B.10. Provide a statement of whether there are any pending or in progress Securities Exchange Commission investigations involving the Respondent. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it will impair the Respondent’s performance in a contract pursuant to this RFP.

02-20-20 RFP

RFP ATTACHMENT 6.2. — SECTION B (continued)

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Response Page #



NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of license for each person or entity that renders such opinions.

B.11. Provide a brief, descriptive statement detailing evidence of the Respondent’s ability to deliver the goods or services sought under this RFP (e.g., prior experience, training, certifications, resources, program and quality management systems, etc.).

B.12. Provide a narrative description of the proposed project team, its members, and organizational structure along with an organizational chart identifying the key people who will be assigned to deliver the goods or services required by this RFP.

B.13. Provide a personnel roster listing the names of key people who the Respondent will assign to meet the Respondent’s requirements under this RFP along with the estimated number of hours that each individual will devote to that performance. Follow the personnel roster with a resume for each of the people listed. The resumes must detail the individual’s title, education, current position with the Respondent, and employment history.

B.14. Provide a statement of whether the Respondent intends to use subcontractors to meet the Respondent’s requirements of any contract awarded pursuant to this RFP, and if so, detail: (a) the names of the subcontractors along with the contact person, mailing address, telephone

number, and e-mail address for each; (b) a description of the scope and portions of the goods each subcontractor involved in the

delivery of goods or performance of the services each subcontractor will perform; and

(c) a statement specifying that each proposed subcontractor has expressly assented to being proposed as a subcontractor in the Respondent’s response to this RFP.

B.15. Provide documentation of the Respondent’s commitment to diversity as represented by the following: (a) Business Strategy. Provide a description of the Respondent’s existing programs and

procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises. Please also include a list of the Respondent’s certifications as a diversity business, if applicable.

(b) Business Relationships. Provide a listing of the Respondent’s current contracts with business enterprises owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises. Please include the following information: (i) contract description; (ii) contractor name and ownership characteristics (i.e., ethnicity, gender, service-disabled

veteran-owned or persons with disabilities); (iii) contractor contact name and telephone number.

(c) Estimated Participation. Provide an estimated level of participation by business enterprises owned by minorities, women, service-disabled veterans, persons with disabilities and small business enterprises if a contract is awarded to the Respondent pursuant to this RFP. Please include the following information: (i) a percentage (%) indicating the participation estimate. (Express the estimated

participation number as a percentage of the total estimated contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics only and DO NOT INCLUDE DOLLAR AMOUNTS);

(ii) anticipated goods or services contract descriptions;

02-20-20 RFP


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Response Page #



(iii) names and ownership characteristics (i.e., ethnicity, gender, service-disabled veterans, or disability) of anticipated subcontractors and supply contractors.

NOTE: In order to claim status as a Diversity Business Enterprise under this contract, businesses must be certified by the Governor’s Office of Diversity Business Enterprise (Go-DBE). Please visit the Go-DBE website at https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810 for more information.

(d) Workforce. Provide the percentage of the Respondent’s total current employees by ethnicity and gender.

NOTE: Respondents that demonstrate a commitment to diversity will advance State efforts to expand opportunity to do business with the State as contractors and subcontractors. Response evaluations will recognize the positive qualifications and experience of a Respondent that does business with enterprises owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises and who offer a diverse workforce.

B.16. Provide a statement of whether or not the Respondent has any current contracts with the State of Tennessee or has completed any contracts with the State of Tennessee within the previous five (5) year period. If so, provide the following information for all of the current and completed contracts: (a) the name, title, telephone number and e-mail address of the State contact knowledgeable

about the contract; (b) the procuring State agency name; (c) a brief description of the contract’s scope of services; (d) the contract period; and (e) the contract number.

B.17. Provide customer references from individuals who are not current or former State employees for projects similar to the goods or services sought under this RFP and which represent: two (2) accounts Respondent currently services that are similar in size to the State; and three (3) completed projects. References from at least three (3) different individuals are required to satisfy the requirements above, e.g., an individual may provide a reference about a completed project and another reference about a currently serviced account. The standard reference questionnaire, which must be used and completed, is provided at RFP Attachment 6.4. References that are not completed as required may be deemed non-responsive and may not be considered. The Respondent will be solely responsible for obtaining fully completed reference questionnaires and ensuring they are e-mailed to the solicitation coordinator or including them in the sealed Technical Response. In order to obtain and submit the completed reference questionnaires following one of the two processes below. Written: (a) Add the Respondent’s name to the standard reference questionnaire at RFP Attachment 6.4. and make a copy for each reference. (b) Send a reference questionnaire and new, standard #10 envelope to each reference. (c) Instruct the reference to: (i) complete the reference questionnaire; (ii) sign and date the completed reference questionnaire; (iii) seal the completed, signed, and dated reference questionnaire within the envelope provided; (iv) sign his or her name in ink across the sealed portion of the envelope; and

https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810

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Response Page #



(v) return the sealed envelope directly to the Respondent (the Respondent may wish to give each reference a deadline, such that the Respondent will be able to collect all required references in time to include them within the sealed Technical Response). (d) Do NOT open the sealed references upon receipt. (e) Enclose all sealed reference envelopes within a larger, labeled envelope for inclusion in the Technical Response as required. E-mail: (a) Add the Respondent’s name to the standard reference questionnaire at RFP Attachment 6.4. and make a copy for each reference. (b) E-mail the reference with a copy of the standard reference questionnaire. (c) Instruct the reference to: (i) complete the reference questionnaire; (ii) sign and date the completed reference questionnaire; (iii) E-mail the reference directly to the Solicitation Coordinator by the RFQ Technical Response Deadline with the Subject line of the e-mail as “[Respondent Name] Reference for RFP 33501-215002. NOTES: The State will not accept late references or references submitted by any means other than the two which are described above, and each reference questionnaire submitted must be completed as required. The State will not review more than the number of required references indicated above. While the State will base its reference check on the contents of the reference e-mails or sealed reference envelopes included in the Technical Response package, the State reserves the right to confirm and clarify information detailed in the completed reference questionnaires, and may consider clarification responses in the evaluation of references. The State is under no obligation to clarify any reference information.

B.18. Provide a statement and any relevant details addressing whether the Respondent is any of the following:

(a) is presently debarred, suspended, proposed for debarment, or voluntarily excluded from covered transactions by any federal or state department or agency;

(b) has within the past three (3) years, been convicted of, or had a civil judgment rendered against the contracting party from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed above; and

(d) has within a three (3) year period preceding the contract had one or more public transactions (federal, state, or local) terminated for cause or default.

B.19. Provide a narrative including NG911 accomplishments, company vision, examples of NG911 innovations, and distinguishing solution characteristics that differentiate the Respondent’s solution from other companies’ solutions.

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SCORE (for all Section B—Qualifications & Experience Items above): (maximum possible score = 30)

State Use – Evaluator Identification:

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RFP ATTACHMENT 6.2. — SECTION C

TECHNICAL RESPONSE & EVALUATION GUIDE SECTION C: TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH. The Respondent must address all items (below) and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. A Proposal Evaluation Team, made up of three or more State employees, will independently evaluate and score the response to each item. Each evaluator will use the following whole number, raw point scale for scoring each item:

0 = little value 1 = poor 2 = fair 3 = satisfactory 4 = good 5 = excellent

The Solicitation Coordinator will multiply the Item Score by the associated Evaluation Factor (indicating the relative emphasis of the item in the overall evaluation). The resulting product will be the item’s Raw Weighted Score for purposes of calculating the section score as indicated.

Item Number Requirements Page Number

C.1 Requirements

C.2 Scope of Services

C.3 Project Management

C.4 - C.6 ESInet

C.7 - C.12 Security

C.13 - C.17 Documentation

C.18 - C.25 Monitoring/Alarming via NOC/SOC

C.26 - C.32 Documentation

C.33 - C.36 Originating Service Providers

C.37 - C.38 Automatic Location Identification (ALI)

C.39 Text-to-911

C.40 Text-from-911

C.41 - C.46 Logging and Recording

C.47 Conformance Testing

C.48 Data Collection

C.49 - C.52 Geographic Information Systems (GIS)

C.53 - 57 Tools

C.58 Migration Plan

C.59 Implementation Project Management

C.60 Use Cases

C.61 - C.96 Call Handling-as-a-Service

C.97 - C.99 Service Level Agreements

C.100 Quality Management and Improvement Program

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RESPONDENT LEGAL ENTITY NAME: -

Response Page #

(Respondent

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Item Ref. Section C — Technical Qualifications, Experience & Approach Items

Item Score

Evaluation Factor

Raw Weighted Score

C.1. Provide a narrative that illustrates the Respondent’s understanding of the State’s requirements and project schedule.

5

C.2. Provide a narrative that illustrates how the Respondent will complete the scope of services, accomplish required objectives, and meet the State’s project schedule.

5

C.3. Provide a narrative that illustrates how the Respondent will manage the project, ensure completion of the scope of services, and accomplish required objectives within the State’s project schedule.

5

C.4. Respondent shall describe its ESInet connectivity to each PSAP or locally hosted CHE location. The primary connection into each facility must be terrestrial (copper or optical circuit); secondary connection(s) may be wireless—e.g., Long-Term Evolution (LTE), microwave, etc. If wire center and physical path diversity is cost-prohibitive for specific sites, the Contractor and TECB will work to identify a mutually agreeable solution for that location. Respondent should design a solution that includes path diversity for at least 80% of all sites.

50

C.5. Respondent shall describe its ability to offer optional network connectivity options to support call and data delivery to existing ECD mobile command center assets.

5

C.6. The solution must allow for the TECB or ECDs to use the network for other public-safety and third-party application services. Respondent shall describe how requests for these applications and/or services, such as cloud-based computer-aided dispatch (CAD), could use the ESInet for transport.

10

C.7. Respondent shall describe how its security-in-depth approach best secures the network, provides data integrity and prevents malicious attacks.

25

C.8. Respondent shall describe its security response plan (physical, applications, and network) including detection, prevention, and notification to the TECB and PSAPs.

5

C.9. Respondent shall describe its credentialing plan/process for external entities with staff members requiring access to ESInet elements or NGCS.

5

C.10. Respondent shall provide a copy of the continuity of operations plan (COOP) and disaster recovery plans and describe how continuity of operations plan (COOP) and disaster recovery plans are maintained and exercised.

10

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Item Score

Evaluation Factor

Raw Weighted Score

C.11. Respondent shall describe its security software update policy, frequency, and procedures. 5

C.12. Respondent shall describe its plan/approach for adopting evolving security best practices. 5

C.13. Respondent shall provide its proposed network design and supporting narrative (transitional and end state). 10

C.14. Respondent shall provide a list of other NGCS, CHE, ADRs and related services (Respondent’s or otherwise) to which operational interfaces have been successfully established related to the proposed services. Please include vendor model and software revision number, if applicable.

20

C.15. Respondent shall describe its project implementation plan. 20

C.16. Respondent shall provide a sample acceptance test plan (ATP) as an attachment to its proposal. 10

C.17. Respondent shall describe its project staffing plan with defined roles and responsibilities. 10

C.18. Respondent shall describe its ability to display — in real time or near real time — network node status, call-routing activity, and utilization versus capacity in a client-facing dashboard made available as a standalone application and through a Web Feature Service (WFS).

20

C.19. Respondent shall describe its ability to replicate select alerts to a third-party monitoring/reporting system. 10

C.20. Respondent shall describe its ability to support user-definable notification levels and recipients with text and email delivery options.

10

C.21. Respondent shall describe its ability to provide an executive dashboard with near-real-time updates of tickets and network status.

20

C.22. Respondent shall describe its ability for users to submit, track, and modify tickets by phone, email, and direct information technology (IT) service management (ITSM) user access for incidents, problems, and changes.

10

C.23. Respondent shall describe its ability for NOC technicians to have full visibility into all segments of call and data delivery from network ingress point to call termination for CHaaS or terminating PSAP edge router.

10

C.24. Respondent shall describe its ability to support of eBonding in the ITSM platform for potential integration with TECB’s, ECD’s, or their designee’s ITSM platform.

10

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Response Page #

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Item Score

Evaluation Factor

Raw Weighted Score

C.25. Respondent shall describe their ability and commitment to support the troubleshooting of all service-affecting issues, even when it is determined that the root cause of the issue is outside the scope of the Respondent’s solution or service. For example, provide call traces and log analysis to assist in troubleshooting a third-party CHE location display issue.

10

C.26. Respondent shall describe its proposed NGCS solution that includes (at a minimum) the following functional elements: Legacy Network Gateway (LNG), Legacy Selective Router Gateway (LSRG), Legacy PSAP Gateway (LPG) - as applicable, Border Control Function (BCF), Emergency Services Routing Proxy (ESRP), Policy Routing Function (PRF), Location Validation Function (LVF), Emergency Call Routing Function (ECRF), Spatial Interface (SI), Location Database (LDB), Additional Data Repository (ADR), Identity Searchable-ADR (IS-ADR), and Incident Data Exchange (IDX). Each element must meet or exceed functionality defined in NENA-STA-010.2-2016 (or within 18 months of ratification of its successor).

20

C.27. Respondent shall describe its Policy Routing Function (PRF) ability to support a map-based interface for the creation of geography-based policies by authorized and properly trained PSAP personnel.

a. Support the prioritization of calls based on call type, location, and/or timeframe

10

C.28. Respondent shall describe for the ability of its Emergency Call Routing Function (ECRF) to perform geospatial, location-based routing for all calls and text messages where location is received within a configurable timer.

10

C.29. Respondent shall describe its functionality for the TECB, ECD, or PSAP to provision data related to callers or locations, the maintenance of such data, and the ability to provide this information through an ADR query during a call.

10

C.30. Respondent shall describe the process for completing i3 interoperability testing with CHE to establish operational interfaces with Respondent’s NGCS. Respondent shall provide a commitment with timeline for completing interoperability testing for CHE make/models listed in TECB’s PSAP list for which Respondent has not yet completed such operational interfaces.

20

C.31. Respondent shall describe its ability to set rules to send calls originating from abusive callers to an automated attendant, low-priority call queue, or a PSAP-designated Uniform Resource Identifier (URI).

10

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Response Page #

(Respondent

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Item Score

Evaluation Factor

Raw Weighted Score

C.32. Respondent shall describe its:

a) artificial intelligence (AI) and machine-learning (ML) capabilities of the proposed solution.

b) plans to introduce/enhance AI/ML capabilities of the proposed solution.

c) opportunities for applying AI/ML technologies and techniques for intelligent, dynamic, and automatic call overflow and rerouting.

d) ability to recognize TDoS/DDoS bad-actors and quarantine the unwanted traffic from the state’s PSAP’s call queues.

e) ability for the TECB to integrate third-party AI/ML application providers into the service.

10

C.33. Respondent shall describe how it addresses the need to be a certificated CLEC in Tennessee to enable interconnection and direct delivery of 911 traffic from Originating Service Providers (OSPs).

10

C.34. Respondent shall describe how it will provide for integration of all OSP interfaces for wireline, wireless, voice over IP (VoIP), and multiline telephone systems (MLTS) location data input and updates.

5

C.35. Respondent shall describe its experience in migrating OSP traffic to ESInets via SIP call delivery from the originating networks to its NGCS. Respondents should provide details regarding the volume of OSPs that it has migrated to ingress SIP.

10

C.36. Respondent shall describe its ability and commitment to transition all ingress traffic from TDM to SIP direct call delivery to the NGCS BCF by October 2024.

20

C.37. Respondent shall describe the Master Street Address Guide (MSAG) conversion service (MCS) and UI for managing location data.

5

C.38. Respondent shall describe its reporting for all data within the LDB via a web-based tool. 10

C.39. Respondent shall describe its commitment on Day 1 to deliver SMS-based and RTT-based texts through the NGCS, make use of policy routing rules, and deliver texts to the appropriate destination via the ESInet (versus over-the-top or separate connectivity).

5

C.40. Respondent shall describe its ability to provide text-from-911 services for outbound communication to abandoned callers or as needed by the telecommunicator.

20

C.41. Respondent shall describe its commitment to support the implementation of EIDO and IDX (within 18 months of being ratified by NENA).

10

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Response Page #

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Item Score

Evaluation Factor

Raw Weighted Score

C.42. Respondent shall describe its discrepancy reporting via web service as described in NENA-STA-010.2-2016.

5

C.43. Respondent shall describe its ability to capture any events related to external autonomous notifications or alerts (e.g., sensor, alarm systems, telematics) received by the NGCS functional elements.

10

C.44. Respondent shall describe its ability to provide on-demand dynamic analytics of i3 call events. 20

C.45. Respondent shall describe its application programming interfaces (APIs), integrations, and file formats supported for performing raw data export and import to allow data from NGCS and CHE to be merged in support of end-to-end call reporting.

10

C.46. Respondent shall describe its ability to immediately bridge designated third-party logging service per PSAP to enable pre-answer logging in the SIP environment.

10

C.47. Respondent shall describe its commitment to participating in industry standards conformance testing and sharing of results with TECB and its designee.

20

C.48. Respondent shall describe its commitment to ensure that sufficient staffing is provided to perform data collection to meet the deployment schedule. Respondent should expect that TECB and PSAPs have minimal documentation regarding existing systems, which will require a significant level of effort to collect all information pertinent to prepare for the migration.

20

C.49. Respondent shall describe its solution for performing secondary QA and coalescing of GIS data. 5

C.50. Respondent shall describe its secure web interface and automated method to provision GIS data and updates by ECDs, or their third-party designee(s), to the SI. This must include the ability to upload individual PSAP’s, ECD’s, or the entire state’s GIS data set as frequently as on a daily basis, if so desired.

20

C.51. Respondent shall describe your process and considerations for TECB regarding turnaround time for integrating a new MSAG community name (MCN) or emergency service number (ESN).

5

C.52. Districts maintain their ELTs as attributes in the ESN feature class. Respondent shall describe their ability to use and maintain these data in the NGCS via the ECD GIS edits.

5

C.53. Respondent shall describe its web interface application for accessing the LDB to extract reports, view data, 10

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Item Score

Evaluation Factor

Raw Weighted Score

and perform error correction as needed to support subscriber validation processes.

C.54. Respondent shall describe its web interface application for viewing policy routing rules, and for authorized users, the ability to modify (or request changes to) the routing policy store and star code translations for sites not using i3 call delivery and transfer functionality.

5

C.55. Respondent shall describe its UI or dashboard for monitoring (in real time or near real time) NGCS activity, utilization, and historical averages, configurable for individual PSAPs, ECDs, or the entire State, made available as a standalone application and through a WFS.

20

C.56. Respondent shall describe its ability to provide for a monitoring dashboard that provides configurable alerting so that a PSAP may configure an alert to occur with their neighboring jurisdictions, or reach a configurable threshold of total provisioned call volume, e.g., PSAP A knows that neighboring PSAP B has reached 80 percent of provisioned call volume. This function can serve as an early indicator that alternate/overflow calls soon may be hitting their center. Also, it would serve as a potential early indicator of weather events heading their way.

10

C.57. Respondent shall describe its ability to provide a monitoring application to the TECB, ECDs and PSAPs that provides

a. A map-based dashboard representing NGCS core sites, call handling hosts, and PSAPs illustrating call ingress, routing, and delivery activity in near real time with role-based access for PSAPs, ECDs, and the State for a local, regional and State view.

b. Ability to overlay a data layer on the map that shows location of open NOC tickets

c. Dashboard ability to provide a WFS feed for authorized users to integrate into their existing situational awareness applications

10

C.58. Respondent shall provide a recommended transition plan considering the complexity of the State’s current environment.

Respondent’s recommended transition plan should provide a suggested order for agency migration and provide projected time durations to complete migration of the specific site based on position count and other information the Respondent has learned of the State's configuration.

20

C.59. Respondent shall provide a high-level project plan and timeline that shows the entire project beginning on the 20

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Item Score

Evaluation Factor

Raw Weighted Score

date of contract execution including a task-oriented Gantt chart based on the project plan.

C.60. Respondent shall describe how it would address each of the following hypothetical use case scenarios:

a) A telecommunicator at a non-CHaaS site finds themselves in a situation that requires them to conference in multiple parties to support an ongoing issue. Respondent shall describe their capabilities and capacity for ESInet/IPSR-based simultaneous conferencing.

b) A PSAP finds their facility temporarily unusable as a result of a tornado. Respondent shall describe their approach to supporting the activation of a temporary backup site (e.g., mobile PSAP) until such time as PSAP operations can continue in the primary facility.

c) Multiple PSAPs are experiencing a scenario where a Non-Service Initiated (NSI) wireless phone is flooding their operations. Respondent shall describe their innovative capabilities for addressing this scenario.

d) Multiple PSAPs are impacted by a fiber cut, some experiencing a full outage. Respondent shall describe their incident management methodology and process for ensuring no call goes unanswered or is dropped, and the approach to addressing the outage.

e) The Contractor finds their organization will experience a nationwide labor strike in three business days. Respondent shall describe the mitigation steps it would take to ensure guaranteed level of service for the TECB and PSAPs.

f) At some point during the service agreement, TECB may desire to integrate new requests for assistance (e.g., requests originating from social media) using an IoT gateway provider. Respondent shall describe how they would objectively assess TECB’s request for this integration, the costs for integration testing, and Respondent’s parameters for considering these requests.

20

C.61. Respondent shall describe its Call Handling as a Service (CHaaS) solution design, functionality, equipment manufacturer(s) and differentiating features.

20

C.62. Respondent shall provide the number of their operational CHE installations that utilize Presence Information Data Format Location Object (PIDF-Lo), HTTP-enabled location delivery (HELD), Location-to-

10

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Response Page #

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Item Score

Evaluation Factor

Raw Weighted Score

Service Translation (LoST), ADR queries, and other i3 protocols.

C.63. Respondent shall describe the following functions are performed in its CHaaS for text-based requests for service:

a) Explain how texts are received, queued, answered, and tracked in the system.

b) Explain the disposition of attached multimedia c) Explain how text calls are handled by the

MIS. d) Explain how text calls are transferred and

shared, as well as any limitations. e) Provide examples of the applicable UIs (e.g.,

screenshots). f) Describe its foreign language translation

capability for text-based requests for assistance.

2

C.64. Respondent shall describe its current implementation of Real-Time Text (RTT), if applicable, and any current beta or field trials. If not currently developed, Respondent shall provide details of when this capability will be included in the proposed solution as a no-charge upgrade/deliverable.

2

C.65. Respondent shall provide a detailed description of how the CHaaS solution achieves 99.999 percent availability.

10

C.66. Respondent shall describe its solution’s hot-seating capabilities, i.e., the ability for a telecommunicator from PSAP A to login at a workstation at PSAP B and have their “home” PSAP assets — e.g., trunks, lines, queues, speed dial lists, map — available from any workstation in the system.

2

C.67. Respondent shall detail how its solution addresses the requirements of the following sections of NENA 75-001.1, Security for Next-Generation 9-1-1 Standard (NG-SEC):

a. Section 6 – General Security b. Section 7 – Safeguarding Information

Access c. Section 9 – Network and Remote Access

Security Guidelines

2

C.68. Respondent shall describe its CHE security software update policy, frequency, and procedures (include frequency of antivirus updates).

5

C.69. Respondent shall describe its policy/approach to independent system security audits. 2

C.70. Respondent shall describe how the proposed solution will address any transition period, during which both 5

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Item Score

Evaluation Factor

Raw Weighted Score

legacy ALI services and i3-compliant LDB/LIS services may need to be supported by its CHaaS.

C.71. Respondent shall describe its ability to work with interested PSAPs to interface/integrate CHaaS positions in their existing mobile command and control assets with wireless ESInet connectivity to the NGCS for call delivery.

5

C.72. Respondent’s CHaaS solution shall comply with NENA 54-750, NENA/APCO Human Machine Interface & PSAP Display Requirements, Version 1, October 20, 2010, and provide explanation of any areas of non-compliance with the standard.

2

C.73. Respondent shall describe its options, or future plans, for supporting a call-monitoring-like functionality for text-to-911 sessions.

2

C.74. Respondent shall describe options or future plans for supporting a barge-in-like capability for text-to-911 sessions.

2

C.75. Respondent shall describe its ability for its CHaaS solution to specify whether the latest call from a repeat caller is routed to the same telecommunicator who handled previous call(s) from this callback number.

2

C.76. Respondent shall describe its CHaaS capabilities for identifying and managing abusive repeat callers — e.g., NSI wireless phones, TDoS, location.

5

C.77. Respondent shall describe its ability to support separate speed-dial lists for each of the following groups:

a. Statewide (enterprise) b. PSAP (local operations) c. Personal

2

C.78. Respondent shall describe how additional information is entered and associated with a speed dial entry and its search functionality within the speed dial module.

2

C.79. Respondent shall describe its ability to support the dynamic population of speed dial entries/buttons based on caller’s location for agencies — e.g., law enforcement, fire/rescue, EMS2, poison control, animal control — and services — e.g., towing, language translation.

2

C.80. Respondent shall describe all methods to import and export speed-dial data — e.g., comma-separated values (CSV), comma-delineated file, Structured Query Language (SQL) import.

2

2 Emergency medical services.

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Item Score

Evaluation Factor

Raw Weighted Score

C.81. Respondent shall describe its ability for trained and authorized PSAP staff to provision ACD-related queues, routing, and telecommunicator skill settings, as needed.

2

C.82. Respondents shall describe the capabilities of queuing calls in line prior to invoking an alternate route by the NGCS.

5

C.83. Respondent shall describe its ability to provide technician certification training for interested ECDs whose staff could serve as local hands during emergent situations.

2

C.84. Respondent shall describe its ability to provide a real-time or near-real-time dashboard showing system status and activity in a map-based view, presenting a graphical image of all CHaaS sites and showing call delivery activity in near-real-time. Dashboard visibility shall be configurable based on user roles and made available as a standalone application and through a WFS.

2

C.85. Respondent shall describe its AI and ML capabilities of the proposed CHaaS system. 1

C.86. Respondent shall describe its plans to introduce/enhance AI/ML capabilities of the proposed CHE solution.

1

C.87. Respondent shall describe opportunities to apply AI/ML technologies and techniques to the analysis of multimedia content delivered to the PSAP.

1

C.88. Respondent shall describe how it will implement precautions so that there are minimal interruptions to the normal business operations of the local PSAP during installation and cutover.

5

C.89. Respondent shall state the length of time technical support staff will be onsite for each CHaaS cutover. 2

C.90. Respondent shall describe the frequency of scheduled CHaaS software releases and the decision-making processes involved in choosing what features and defect resolutions to include in a scheduled release.

10

C.91. Respondent shall describe the frequency of defect-resolution software releases and the decision-making process involved in selecting which software defects to fix.

2

C.92. Respondent shall describe its procedure for managing and tracking changes made to the system. This is especially important when changes affect the performance of a particular device and it needs to be returned to its former configuration.

2

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Response Page #

(Respondent

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Item Score

Evaluation Factor

Raw Weighted Score

C.93. Respondent shall describe its CHaaS NOC services, including proactive and reactive maintenance plans. It is TECB’s expectation that all hardware and software required for service delivery will be provided as part of the per-position CHaaS monthly fees. Respondent’s response should include details regarding the number of certified technicians who will reside within a two (2)-hour drive time to each CHaaS site.

20

C.94. Respondent shall describe the procedures involved for initiating, tracking, communicating status, and resolving trouble reports. The Respondent must describe all capabilities available with their solution, including remote monitoring, maintenance, troubleshooting, and repair.

7

C.95. Following the solution cutover, TECB, ECDs, and/or PSAPs may require escalation of an issue for resolution. Respondent shall describe the escalation process related to CHaaS.

7

C.96. Respondent shall describe its processes for performing automatic backups of software and databases, as well as configuration files for all network infrastructure.

5

C.97. Respondent shall describe how the solution meets the Performance Standards included in Table 3, Table 4, Table 5, and Table 6 in Attachment C of the Pro Forma Contract.

50

C.98.

Respondent shall describe how it will meet and, as applicable, exceed the Service Level Agreement requirements detailed in Table 7 in Attachment C of the Pro Forma Contract.

50

C.99. Respondent shall describe how its SLA reporting tool meets the SLA reporting requirements in Attachment C of the Pro Forma contract.

25

C.100. Provide documentation of Respondent’s proposed quality management and improvement program in accordance with Section A of the Pro Forma Contract.

10

The Solicitation Coordinator will use this sum and the formula below to calculate the section score. All calculations will use and result in numbers rounded to two (2) places to the right of the decimal point.

Total Raw Weighted Score: (sum of Raw Weighted Scores above)

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Response Page #

(Respondent

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Item Score

Evaluation Factor

Raw Weighted Score

Total Raw Weighted Score X 50

(maximum possible score) = SCORE: Maximum Possible Raw

Weighted Score (i.e., 5 x the sum of item weights

above)

State Use – Evaluator Identification:


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RFP ATTACHMENT 6.3.

COST PROPOSAL & SCORING GUIDE NOTICE: THIS COST PROPOSAL MUST BE COMPLETED EXACTLY AS REQUIRED

COST PROPOSAL SCHEDULE— The Cost Proposal, detailed in Attachment B, shall indicate the proposed price for goods or services defined in the Scope of Services of the RFP Attachment 6.6., Pro Forma Contract and for the entire contract period. The Cost Proposal shall remain valid for at least one hundred twenty (120) days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract resulting from this RFP. All monetary amounts shall be in U.S. currency and limited to two (2) places to the right of the decimal point.

Respondent shall provide costs by completing all cells in the protected spreadsheet, Attachment B.

NOTICE: The Evaluation Factor associated with each cost item is for evaluation purposes only. The evaluation factors do NOT and should NOT be construed as any type of volume guarantee or minimum purchase quantity. The evaluation factors shall NOT create rights, interests, or claims of entitlement in the Respondent.

Notwithstanding the cost items herein, pursuant to the second paragraph of the Pro Forma Contract section C.1. (refer to RFP Attachment 6.6.), “The State is under no obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from the Contractor during any period of this Contract.”

This Cost Proposal must be signed and dated, in a PDF copy of the spreadsheet as well as in the space below, by an individual empowered to bind the Respondent to the provisions of this RFP and any contract awarded pursuant to it. If said individual is not the President or Chief Executive Officer, this document must attach evidence showing the individual’s authority to legally bind the Respondent.

RESPONDENT SIGNATURE:

PRINTED NAME & TITLE:

DATE:


EVALUATION COST AMOUNT (sum of evaluation costs in Respondent’s completed Attachment B):

The Solicitation Coordinator will use this sum and the formula below to calculate the Cost Proposal Score. Numbers rounded to two (2) places to the right of the decimal point will be standard for calculations.

lowest evaluation cost amount from all proposals

x 20 (maximum section

score)

= SCORE:

evaluation cost amount being evaluated


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44

RFP ATTACHMENT 6.4.

REFERENCE QUESTIONNAIRE The standard reference questionnaire provided on the following pages of this attachment MUST be completed by all individuals offering a reference for the Respondent. The Respondent will be solely responsible for obtaining completed reference questionnaires as required (refer to RFP Attachment 6.2., Technical Response & Evaluation Guide, Section B, Item B.17.), and for enclosing the sealed reference envelopes within the Respondent’s Technical Response.

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45

RFP # 33501-215002 REFERENCE QUESTIONNAIRE

REFERENCE SUBJECT: RESPONDENT NAME (completed by Respondent before reference is requested)

The “reference subject” specified above, intends to submit a response to the State of Tennessee in response to the Request for Proposals (RFP) indicated. As a part of such response, the reference subject must include a number of completed and sealed reference questionnaires (using this form). Each individual responding to this reference questionnaire is asked to follow these instructions: complete this questionnaire (either using the form provided or an exact duplicate of this document); sign and date the completed questionnaire; and follow either process outlined below: Physical seal the completed, signed, and dated questionnaire in a new standard #10 envelope; sign in ink across the sealed portion of the envelope; and return the sealed envelope containing the completed questionnaire directly to the reference subject. E-Mail email the completed Questionnaire to Kayla Cook, [email protected]

(1) What is the name of the individual, company, organization, or entity responding to this reference

questionnaire? (2) Please provide the following information about the individual completing this reference

questionnaire on behalf of the above-named individual, company, organization, or entity.

NAME:

TITLE:

TELEPHONE #

E-MAIL ADDRESS:

(3) What goods or services does/did the reference subject provide to your company or organization? (4) What is the level of your overall satisfaction with the reference subject as a vendor of the goods

or services described above? Please respond by circling the appropriate number on the scale below.

1 2 3 4 5

least satisfied most satisfied

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46

RFP # 33501-215002 REFERENCE QUESTIONNAIRE — PAGE 2

If you circled 3 or less above, what could the reference subject have done to improve that rating? (5) If the goods or services that the reference subject provided to your company or organization are

completed, were the goods or services provided in compliance with the terms of the contract, on time, and within budget? If not, please explain.

(6) If the reference subject is still providing goods or services to your company or organization, are

these goods or services being provided in compliance with the terms of the contract, on time, and within budget? If not, please explain.

(7) How satisfied are you with the reference subject’s ability to perform based on your expectations

and according to the contractual arrangements? (8) In what areas of goods or service delivery does/did the reference subject excel? (9) In what areas of goods or service delivery does/did the reference subject fall short? (10) What is the level of your satisfaction with the reference subject’s project management structures,

processes, and personnel? Please respond by circling the appropriate number on the scale below.

1 2 3 4 5

least satisfied most satisfied What, if any, comments do you have regarding the score selected above?

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47

RFP # 33501-215002 REFERENCE QUESTIONNAIRE — PAGE 3 (11) Considering the staff assigned by the reference subject to deliver the goods or services described

in response to question 3 above, how satisfied are you with the technical abilities, professionalism, and interpersonal skills of the individuals assigned?

Please respond by circling the appropriate number on the scale below.

1 2 3 4 5


(12) Would you contract again with the reference subject for the same or similar goods or services?

Please respond by circling the appropriate number on the scale below.

1 2 3 4 5


REFERENCE SIGNATURE: (by the individual completing this

request for reference information)

DATE:

(must be the same as the signature across the envelope seal)

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48

RFP ATTACHMENT 6.5.

SCORE SUMMARY MATRIX

RESPONDENT NAME RESPONDENT NAME RESPONDENT NAME

GENERAL QUALIFICATIONS & EXPERIENCE (maximum: 30)

EVALUATOR NAME

EVALUATOR NAME

REPEAT AS NECESSARY

AVERAGE: AVERAGE: AVERAGE:

TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH (maximum: 50)

EVALUATOR NAME

EVALUATOR NAME

REPEAT AS NECESSARY

AVERAGE: AVERAGE: AVERAGE:

COST PROPOSAL (maximum: 20) SCORE: SCORE: SCORE:

TOTAL RESPONSE EVALUATION SCORE:

(maximum: 100)

Solicitation Coordinator Signature, Printed Name & Date:

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RFP 33501-215002 49

RFP ATTACHMENT 6.6.

RFP # 33501-215002 PRO FORMA CONTRACT The Pro Forma Contract detailed in following pages of this exhibit contains some “blanks” (signified by descriptions in capital letters) that will be completed with appropriate information in the final contract resulting from the RFP.

1

CONTRACT BETWEEN THE STATE OF TENNESSEE,

DEPARTMENT OF COMMERCE AND INSURANCE TENNESSEE EMERGENCY COMMUNICATIONS BOARD

AND CONTRACTOR NAME

This Contract, by and between the State of Tennessee, Department of Commerce and Insurance, Tennessee Emergency Communications Board, hereinafter referred to as the “State” or “TECB” and Contractor Legal Entity Name (“Contractor”), is for the provision of services related to the establishment of emergency communications and provision of 911-related assistance to ECDs, as further defined in the "SCOPE." State and Contractor may be referred to individually as a “Party” or collectively as the “Parties” to this Contract. The Contractor is a/an Individual, For-Profit Corporation, Non-Profit Corporation, Special Purpose Corporation Or Association, Partnership, Joint Venture, Or Limited Liability Company. Contractor Place of Incorporation or Organization: Location Contractor Edison Registration ID # Number PREAMBLE The State has led the way concerning Next Generation 911 (NG911) as an early adopter of NG911 through the implementation of an Emergency Services Internet Protocol Network (ESInet) and a transitional Internet Protocol Selective Router (IPSR) solution. This contract advances the infrastructure to account for the evolution of standards, technology, and services taking place in the public safety community. In doing so, the capabilities of 911 services and evolving technologies are enhanced. A. SCOPE: A.1. The Contractor shall provide all goods or services and deliverables as required, described, and

detailed below and shall meet all service and delivery timelines as specified by this Contract. A.2. Definitions. For purposes of this Contract, definitions shall be as set forth in Attachment A of the

Contract. A.3. Contractor’s solution shall be a standards-based solution as identified in the documents included in Table 1 and Table 2 of Attachment C that complies with nationally accepted standards and requirements applicable to IP network architecture, security, and interface functionality. A.4. All aspects of the Contractor’s system design, deployment, operation, and security shall be in full compliance with the standards, requirements, and recommendations identified in the documents included in Table 1 and Table 2 of Attachment C. A.5. As industry standards evolve, Contractor’s solution shall be upgraded to maintain compliance

with the current version of established industry standards as identified in the documents included in Table 1 and Table 2 of Attachment C.

A.6. Contractor’s solution shall support new IP network and security industry standards within

eighteen (18) months of ratification of applicable industry standards. Compliance requirements apply to the supporting standards referenced within each standard, e.g. IETF RFCs within NENA STA010.2. As solution updates are made to maintain compliance, the solution shall not abandon services or feature functionality in place at the time of the solution upgrade.

A.7. Contractor shall uncover any performance or feature changes prior to the upgrade and report

them to TECB for approval.

A.8. Contractor shall support its solutions and services for the Term of the Contract, from the date of full solution or service acceptance by the State. In this context, “supporting” means the continued

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development, evolution, and availability of improvements, enhancements, and identified bug fixes of the solution(s) and service(s).

A.9. In the event that market forces, component suppliers, or other events beyond the control of the

Contractor result in an unexpected end to the life of a service or solution offered herein, Contractor shall provide a migration path to an equivalent or better service or solution, at no cost to the State beyond the support contract provisions contained hereunder.

A.10. Contractor’s solution shall provide physically diverse and redundant cable paths delivered in

separate sheaths or conduit from diverse points of presence into physically diverse building entrances at aggregation sites (if different than core sites), core sites, and hosted call-handling facilities.

A.11. Contractor shall use locally owned or sourced fiber where available and when requested by the

ECD. Contractor shall include a task in the Master Project Plan (MPP) where it works with ECDs to assess these assets for use in “last mile” connectivity.

A.12. Contractor’s ESInet:

a. At a minimum, shall serve 100 ECDs covering 119 primary PSAPs, 16 secondary PSAPs

and 29 backup PSAPs. b. Shall allow for the TECB or ECDs to use the network for other public-safety and third-

party application services. c. Shall possess call-processing capacity capable of 125 percent busy hour call traffic for

each PSAP and the NGCS as a whole. d. Shall be able to grow call-processing capability by 50 percent over contract duration with

minimal hardware upgrades required. e. Shall offer optional network connectivity options to support call and data delivery to

mobile command centers. f. Shall support and enforce quality of service (QoS) marking using Differentiated Service

Code Point (DSCP). g. Shall have a network traffic convergence time that shall not impact the audio experience

of the caller and call-taker. h. Shall monitor the Mean Opinion Score (MOS) of each voice audio path at the ingress1

and egress2 of each functional element within the ESInet/NGCS infrastructure, to identify those elements that are degrading the MOS of traffic they are carrying.

i. Shall ensure that MOS of any voice audio path shall not be degraded more than 0.2 between ingress to and egress from the ESInet/NGCS infrastructure.

j. Shall automatically reroute traffic around functional elements that are having an adverse impact on MOS of voice audio traversing the element.

k. Shall be scalable to support growth by 50 percent without replacement of any critical hardware components.

l. Shall provide voice and data (including, but not limited to, location, caller information, and emergency incident data) interoperability with transitional ESInets and i3-conformant ESInets in neighboring states of Alabama, North Carolina, and Virginia. Contractor shall provide the same functionality to transitional or i3-conformant ESInets in Arkansas, Kentucky, Missouri, Mississippi, and Georgia when they become operational.

m. Shall provide redundant and physically diverse in-LATA POI for originating service providers (OSPs).

n. Shall be designed such that a failure of any single instance of a hardware or software element, or physical connection, shall not impact overall solution performance.

o. Shall be designed such that all network-connected elements support at least two (2) redundant network interfaces with automatic failover between them.

p. Shall be designed such that all powered devices must include a minimum of two (2) redundant power supplies (each of which must be able to power the device alone) which

1 Ingress – At the SIP interface on any LNGs or LSRGs OR the ingress SBC, depending on the ingress connection. 2 Egress – At the egress port on the NGCS SBC, where it connects to the ESInet out to the PSAPs.

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would be connected to separate circuits OR be connected to a power-transfer device that allows a single power supply to be connected to two isolated power sources (i.e., circuits) with automatic, uninterrupted failover, in the event the primary circuit fails.

q. Shall be designed such that all powered devices provided by Contractor and located in ECD or PSAP facilities shall use dual power supplies when available.

A.13. Contractor’s solution shall provide the following security functions:

a. Shall utilize Transport Layer Security (TLS) in all communications across the ESInet. b. Shall ensure that all components and/or functional elements providing NG911 services

under this contract carry valid identity certificates traceable to the PSAP Credentialing Agency (PCA).

c. Shall operate as an Intermediate Certificate Authority (ICA) in coordination with the TECB to issue and manage end-entity certificates.

d. Shall perform proactive analysis of the network for vulnerabilities including independent third-party security audits of the solution.

e. Shall require multifactor authentication for any access to externally accessible portals, user interfaces (UIs), Policy Routing Function portal, reporting portal, system dashboards, etc.

A.14. Contractor shall possess a defined continuity of operations plan (COOP) as well as a disaster

recovery (DR) plan and make those plans available for review at the State’s request.

A.15. Contractor shall provide access reports from facilities (physical access) down to the individual device level (physical or virtual access) upon request when a service-impacting issue has occurred.

A.16. Contractor shall provide as-built documentation depicting circuit path and equipment diversity

within thirty (30) days of system acceptance. A.17. Within sixty (60) days of contract effective date, Contractor shall provide user guides for all user-

accessible applications, UIs, and solution elements. All user documentation shall be available electronically within the product via a single mouse click (Help, User Guide, etc.) without requiring access to the public internet.

A.18. Within sixty (60) days of contract effective date, Contractor shall provide detailed interface

specifications for establishing operational interfaces (from the ESInet or NGCS, as appropriate) to any and all peripheral solutions that the TECB may choose to procure from a different vendor— e.g., Contractor’s SIP, SIPREC, LoST, HELD, REST, and SBC-to-SBC specifications for CHE, CAD, LIS, ADR, IS-ADR, IDX, GIS, etc.

A.19. Contractor shall provide a Master Project Plan (MPP) within sixty (60) days of contract execution. A.20. TECB shall have the opportunity to modify and mutually agree upon the final ATP with the

Contractor prior to test execution. A.21. At least sixty (60) days prior to initial go-live date as established in the MPP, Contractor shall

provide NOC/security operations center (SOC) user guides including change-management and escalation processes.

A.22. Contractor shall maintain offsite backups of configuration files for every NGCS functional element,

appliance, device, and database. A.23. Within sixty (60) days of contract effective date, Contractor shall provide detailed interfaces for

machine-originated, data-driven emergency requests for service from automated systems or Internet of things (IoT) devices, such as alarms.

A.24. Contractor’s physical building facilities used for its technical services:

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a. Shall be designed such that all power sources must be redundant and diverse – i.e., at least two (2) separate circuits — with UPS system and generator backup for a minimum of twenty-four (24) hours for all facilities hosting service applications and/or functional elements of the solution.

b. Shall have redundant power backup — uninterruptible power supply (UPS) system and generator.

c. Shall be designed with redundant and diverse entry for network provider facilities. d. Shall utilize secured equipment space — locking cabinets or racks in locked cages. e. Shall have a minimum Tier 3 rating as defined by the Uptime Institute. f. Shall be designed as hardened facilities that can withstand an EF5 tornado or Category 5

hurricane following Federal Emergency Management Agency (FEMA) 361 and International Code Council 500 (ICC 500) guidelines.

A.25. Contractor shall provide alarming and monitoring of the solution such that:

a. Physical access is monitoring with reporting available for all ESInet and NGCS facilities. b. Automated network node monitoring and alarming is performed in real time or near real

time. c. Event logging and reporting is performed in real time or near real time. d. Integrated alarming and ticketing system is provided with view-only access for authorized

PSAP and State users.

A.26. Contractor shall provide a NOC/SOC staffed 24 hours a day, 7-days a week, 365-days per year with warm backup. NOC/SOC must be able to sustain operations when social distancing measures are advised. The NOC/SOC shall:

a. Perform proactive monitoring of the entire service. Specifically, NOC technicians shall have full visibility into all segments of call and data delivery from network ingress point to call termination for CHaaS or terminating PSAP edge router.

b. Perform outward notifications and updates of customer tickets through phone, email, and text in conformance with Performance Standards and Service Level Agreement (See Attachment C).

c. Possess fully documented escalation procedures with contact information for all primary and secondary responsible personnel at all levels of escalation. Escalations shall be recognized and acted upon by Contractor when escalation is made by authorized PSAP staff, TECB staff, or their designee(s).

d. Provide preliminary reason-for-outage (RFO) reports to TECB within five (5) business days of initial report of issue; final root-cause analysis within thirty (30) calendar days of service-affecting issue.

e. Be staffed with trained or experienced technicians who understand the services, architecture, and 911 vocabulary with a regular refresher/update training plan.

f. Possess the ability to access and troubleshoot, diagnose, and repair network remotely. g. Provide the ability to replicate select alerts to a third-party monitoring/reporting system. h. Provide for the ability for state and district users to submit, track, and modify tickets by

phone, email, and direct web-based information technology (IT) service management (ITSM) user access for incidents, problems, and changes.

i. Provide eBonding in the ITSM platform for potential integration with TECB’s, ECD’s, or their designee’s ITSM platform.

j. Have certified technicians available within a two (2)-hour drive time to each CHaaS site. A.27. Contractor shall provide a dashboard to the TECB and ECDs that provides for configurable

display of information based on user role/responsibilities, which includes:

a. Network node status, call-routing/delivery activity, historical averages, and network utilization versus capacity, in real or near-real time.

b. A map-based view, c. A configurable alerting functionality so that a PSAP may configure an alert to occur with

their neighboring jurisdictions, or alert when a jurisdiction has reached a configurable

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threshold of total provisioned call volume, e.g., PSAP A knows that neighboring PSAP B has reached 80 percent of provisioned call volume.

d. Made available as a standalone application and through a Web Feature Service (WFS).

A.28. Contractor shall provide a media contact for any outage or service failure.

A.29. Contractor shall provide a service management contact for any outage or service failure. A.30. Contractors shall provide access to technical and executive staff for escalations. A.31. Contractor shall provide a comprehensive NG911 Core Services solution as a service, which

shall include the following:

a. Legacy Network Gateway (LNG)/Legacy Selective Router Gateway (LSRG)/Legacy PSAP Gateway (LPG)

b. Border Control Function (BCF) to include Session Border Controller (SBC) c. Emergency Services Routing Proxy (ESRP) d. Policy Routing Function (PRF) e. Emergency Call Routing Function (ECRF) f. Location Validation Function (LVF) g. Spatial Interface (SI) h. Location Database (LDB) i. Additional Data Repository (ADR) and/or Identity Searchable-ADR (IS-ADR) j. Incident Data Exchange (IDX) k. An open-vendor ecosystem that provides quick implementation of new integrated

services as public safety technologies and capabilities advance l. Integration to third-party commercial ADR and/or IoT gateways as directed by the TECB m. Integration to third-party commercial location information servers (LIS) n. Network Time Protocol (NTP) time source o. Provision of the History-Info header and the associated Reason parameter. The NGCS

must insert the History-Info header to indicate to the alternate-routing destination that the call was diverted per PRF and not misrouted. History-Info header shall include the originally intended destination and the reason why the call was diverted.

p. Availability of a physical device mounted at a PSAP-designated location to reroute calls to a pre-defined destination — referred to as a “make-busy” switch in legacy 911 systems.

q. Forest Guide and hierarchical ECRFs when interoperating via i3 voice call transfers with adjacent NG911 solutions.

r. Interoperability testing with all third-party CHE to establish operational interfaces with Contractor’s NGCS at least two months prior to scheduled migrations.

s. Participation in industry standards conformance testing on an annual basis, unless otherwise mutually agreed upon.

A.32. Originating Service Provider coordination a. Contractor shall coordinate with PSAPs to obtain letters of authority. b. Contractor shall establish required interconnection agreements, commercial agreements,

and required trunking with OSPs and current 911 service provider to manage and maintain NG911 services across the state.

c. Contractor shall coordinate with all telecommunications providers and manage circuit order processes to include testing and integration. Total ingress circuit volume will be approximately 2,900 DS-0 circuits (+/- 10%).

d. Contractor shall manage all adds, moves, changes, and deletions of connections to OSPs, both TDM and IP-based, monitor these connections, and proactively work with the respective OSPs to resolve problems as they occur.

e. Contractor shall complete the transition from TDM to SIP ingress to the ESInet.

A.33. Automatic Location Identification (ALI) a. Contractor shall support service order input process for subscriber records.

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b. Contractor shall provide integration and provisioning of existing and future MLTS databases.

c. Contractor shall manage the transition to include coordination of all provider records from the current location database to the replacement LDB, and any dual provisioning necessary during the transitional phases of the project.

A.34. Text-to/from -911

a. Contractor shall deliver SMS-based and Real Time Text (RTT)-based texts to 911 through the NGCS, make use of policy routing rules, and deliver texts to the appropriate destination via the ESInet using Message Session Relay Protocol (MSRP). Over-the-top or separate connectivity for the delivery of text to 911 is not acceptable.

b. Contractor’s solution shall deliver RTT for all providers and PSAPs that are able to support the capability.

c. Contractor’s solution shall support for transcoding of Baudot tones to RTT. d. Contractor shall interconnect with all text control centers (TCCs) for wireless service

providers serving Tennessee. e. Contractor shall provide text-from-911 services for outbound communication to

abandoned callers or as needed by the telecommunicator.

A.35. Logging and Reporting a. Contractor shall support for logging and reporting of all i3 events (as defined in Section

5.13 — Logging Service of the latest version of NENA Detailed Functional and Interface Standards for the NENA i3 Solution (at the time of this writing, NENA-STA-010.2-2016).

b. Contractor shall support multitenant partitioning of logs and call data, allowing for partitioned reporting, based on role, PSAP or ECD.

c. Contractor shall support the ability to augment generated reports with custom descriptions and/or notes by the report creator or the person generating the report.

d. Contractor’s solution shall support, at a minimum, the following built-in reports made available to PSAPs and TECB staff: i. Call detail records in support of end-to-end call tracking and reporting ii. SIP error reports (within the ESInet) iii. ECRF and LIS/LDB location queries and results iv. ESRP/PRF routing reports (errors and successes) v. Location discrepancy reports vi. Location-based routing and fallback routing counts by carrier and call type vii. Call volume and time-to-answer reports

e. Contractor shall support for ad hoc reports and creation of customized, on-demand analytics of call events.

f. Contractor shall support for automated report generation and email distribution. g. Contractor shall support the ability for a PSAP to get a report regarding its calls that were

alternate- or abandonment-routed to other PSAPs, based on policy routing rules or other factors.

A.36. Credentialing

a. Contractor shall acquire and use valid identity certificates traceable to the national PCA(s) to ensure uniqueness of domain name(s) and interoperability of certificates.

b. Contractor shall acquire and maintain the State’s PSAP end-entity certificates with the national PCA per TECB authorization policies.

c. Contractor shall acquire and maintain its identity certificates for all NGCS and TECB-recognized agencies with the national PCA.

A.37. Solution Availability a. Contractor’s solution shall provide geo-redundancy, and local redundancy for all NGCS

functional elements. b. Contractor’s solution shall maintain 99.999 percent availability. c. Contractor shall design its solution such that failure of any single instance of a hardware

or software element or physical connection shall not impact overall solution performance. d. Contractor shall design its solution such that all network-connected elements must

support at least two (2) redundant network interfaces.

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e. Contractor shall design its solution such that all power sources must be redundant and diverse — i.e., at least two (2) separate circuits — with UPS system and generator backup for a minimum of 24 hours.

f. Contractor shall design its solution such that all powered devices shall include a minimum of two (2) redundant power supplies. Each shall be able to power the device alone, and be connected to separate circuits OR be connected to a power-transfer device that allows a single power supply to be connected to two isolated power sources (i.e., circuits) with automatic, uninterrupted failover, in the event that the primary circuit fails.

A.38. Training for Core Services of Contract a. Contractor shall provide a training plan within sixty (60) days of contract execution. b. Contractor shall provide training with the ability to upload content to the State’s online

training platform (Virtual Academy) on the following items: i. SI user interface ii. Reporting, analytics, and logging tools iii. Incident reporting and ticketing tools iv. Dashboards v. Change-management requests, processes, and tools vi. PRF policy management vii. GIS tools and procedures viii. MCS and LDB management ix. LVF procedures, such as how to submit GIS data for validation and inclusion in

the geospatial routing database; how to read GIS data error reports; how to resolve GIS data errors identified by the LVF; and how to submit revised data for validation or revalidation.

x. PSAP requirements for transition, such as data collection needs, on-site requirements, timing, etc.

c. Contractor shall schedule training and support TECB-specified class sizes, locations, recording and archiving, personalization (i.e., PSAP-specific), and provide translation services where multilingual capability is required.

A.39. Service Validation a. Contractor shall allow independent third-party validation by TECB or its designee of all

mandatory solution requirements and feature functionality prior to migration of the first site.

b. Contractor shall provide transparency and access to all SIP messaging, call-detail records, KPIs — e.g., MOS scores at ingress and egress of network — call logs, and any other data determined to be necessary to verify compliance with contractual obligations.

c. Contractor shall enable TECB personnel or designee(s) to validate that location-based, geospatial routing —versus legacy tabular routing — is taking place by providing unrestricted access to logs — e.g., BCF, i3 functional elements — data traces, and other system data necessary to do so.

d. Contractor shall provide documentation of completed results with call logs from Acceptance Test Plans (ATPs).

A.40. Personnel a. Contractor shall provide one or more certified project manager(s) or personnel with

relevant experience deploying NGCS to lead the implementation of its solution. b. Contractor shall provide a post-implementation client program manager for the term of

the contract to manage all day-to-day service needs. c. Contractor shall provide in-person presentation of project implementation and service

status to TECB on a quarterly basis, from the time of contract award until the end of the contract term.

A.41. GIS a. Contractor shall leverage TECB GIS data for location-based, geospatial routing and

make post-quality assurance (QA) data extracts from the SI available to PSAPs for use in their CHE call mapping and CAD incident mapping.

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b. Contractor’s solution shall provide for the ability to append delta updates to a single or multiple GIS dataset(s) by individual PSAP, ECD, and/or entire state geographic region.

c. Contractor’s solution shall validate addresses for provisioning in LIS/LDB at the site/structure address point level. Road centerline validation is not acceptable.

d. The state’s GIS data shall be provisioned with sufficient processing resources —CPU, memory, hard disk space, and bandwidth — to process the entire statewide data set in six (6) hours or less overnight, everyday).

e. Contractor shall host a WFS of the state’s geospatial data to be made available to TECB-authorized consumers of the data through a secure web portal.

A.42. Change Management a. Contractor shall have a documented change-management process including scheduled

and emergency changes. b. Contractor shall have a notification process and procedure to alert stakeholders of

scheduled and emergency changes. c. Contractor shall provide the TECB and ECDs with a minimum of ten (10) business days’

notice for non-emergency changes. d. Contractor shall provide complete documentation regarding any upgrades or updates, to

include release notes, feature/functionality changes/improvements, bug fixes, etc. e. Upon request, Contractor shall provide a Method of Procedure (MOP) made available for

review by TECB or its designee(s) prior to planned maintenance activities. f. Contractor shall provide a means for TECB to request changes and receive updates on

progress. g. Contractor shall have defined system backup procedures.

A.43. Pre-Cutover Acceptance Criteria

a. Contractor shall provide written confirmation of equipment configuration. b. Contractor shall provide written confirmation of control, monitoring, and alarm solutions. c. Contractor shall provide documentation demonstrating successful execution of its pre-

cutover activities and deliver documentation of ATPs, third-party service validation, and results documentation.

d. If, during pre-cutover testing, TECB or its designee(s) feels that a solution test fails, TECB or its designee(s) will provide the Contractor with a written description of which test failed and the reason for the failure. Contractor and TECB will mutually agree to an appropriate resolution and timeframe.

A.44. Cutover Coordination a. Contractor shall coordinate cutover activities with all affected service providers, CHE

vendor, TECB staff, and PSAP personnel. b. Contractor shall provide a detailed cutover plan, along with coordination conference calls

and supporting documentation, to all participating parties. c. TECB is responsible for approval of the cutover plan.

A.45. PSAP Final Acceptance Testing

a. Contractor shall provide a baseline PSAP final ATP (including specific test cases, scenarios, and expected outcomes) to TECB at least thirty (30) days in advance of the planned execution thereof and allow TECB a full two (2) weeks to modify the test plan to meet their system acceptance criteria.

b. Contractor’s Services shall be validated throughout the acceptance testing thirty (30)-day soak period for each PSAP. If a failure to comply occurs: i. The cutover plan shall include a fallback procedure to restore PSAPs to a

premigration operational state in the event of a Priority One Fault. ii. TECB will provide a written notification to the Contractor. iii. The Contractor shall remedy the non-compliance per the Service Level

Agreement sections of the contract and shall provide written notification of the remedy to TECB.

iv. The final acceptance testing period will restart upon TECB’s written notification of acceptance of the remedy, or ten (10) business days, whichever is less.

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v. This procedure continues until compliance over the thirty (30)-day soak period is achieved, at which time the cutover will be deemed successful and the acceptance notice (to be defined in the test plan) will be mutually executed and services then may be invoiced retroactive to the first day of the successful thirty (30)-consecutive day period.

A.46. Final System Acceptance Testing a. Contractor shall perform final system acceptance testing to validate overall system

performance, especially with regard to system-level functionality not otherwise verifiable during individual PSAP acceptance testing.

b. Final system acceptance testing shall include, but not be limited to, testing of areas such as the following: i. Inter-PSAP transfers and conferences; ii. Automatic system failover and maintenance of full system functionality when a

redundant element is taken out of service; iii. Alternate routing under functional element and network component failure

scenarios; and iv. High call volume performance.

c. Contractor shall provide a baseline system final ATP (including specific test cases, scenarios, and expected outcomes) to TECB at least thirty (30) days in advance of the planned execution thereof and allow TECB a full two (2) weeks to modify the test plan to meet their system acceptance criteria.

d. System final acceptance testing shall not begin until all PSAPs have successfully completed PSAP final acceptance testing. The testing period must demonstrate the solution’s performance and reliability. The system cutover shall be followed by thirty (30) consecutive calendar days without a Priority One or Priority Two fault.

e. System and solution components and functional elements must perform in compliance with all contract requirements throughout the testing period. If a failure to comply occurs: i. TECB will provide a written notification to the Contractor; ii. The Contractor shall remedy the non-compliance per the Service Levels section

of the contract and provide written notification of the remedy to TECB; iii. The final acceptance testing period will restart upon TECB’s written notification of

acceptance of the remedy, or three (3) business days, whichever is less; iv. This procedure continues until compliance over the testing period is achieved, at

which time the contract deliverables will be deemed fully accepted and the acceptance notice (to be defined in the test plan) will be mutually executed; and

v. TECB will provide a Notice of System Final Acceptance once testing successfully completes.

f. All TECB-detected faults will be documented, and the documentation shall include a reasonable time period in which each fault must be resolved by the Contractor.

A.47. Within sixty (60) days of contract signing, the Contractor shall provide a detailed migration plan that shall include a full description of the methods and procedures that will be employed to ensure a non-service-affecting migration from the current environment to the new system.

A.48. Contractor shall assign its project manager(s) and conduct its kickoff meeting with TECB within

thirty (30) days of contract signing. A.49. Contractor shall provide biweekly written progress reports, distributed one business day prior to

the project call, that capture the minutes, action item assignments, open issues and resolution plans from the biweekly project call. All actions and resolutions should have scheduled due dates and owners. Biweekly progress report must contain, at a minimum, details relating to the following tasks: a. Data gathering for each PSAP and ECD; b. Network connectivity status for all network links: points of interconnection (POIs),

aggregation sites, core sites, and PSAP endpoints; c. Equipment installation progress at each site; and d. Interconnection agreements, letters of agency, permits, contracts, and other contract-like

documents required to be executed for project implementation.

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A.50. Contractor shall provide monthly bandwidth performance and network utilization reports.

A.51. Contractor shall measure and report on the network performance against the service levels on a

monthly basis. For any circuit downtime, outages, or interruptions, the Contractor shall provide a written report describing the degradation of service or outage, including the root cause and the plan to prevent similar occurrences in the future. Trend data must be supplied with this report that shows current and previous monthly performances.

A.52. Contractor’s call handling solution shall conform to NENA i3 standards, be hosted in its network,

and delivered as a service to PSAPs who desire to procure the service. a. As industry standards evolve, Contractor’s solution shall be upgraded to maintain

conformance with the current version of established industry standards. b. Contractor’s solution shall support new call-handling and security industry standards

outlined in Table 2 of Attachment C within eighteen (18) months of ratification of applicable industry standards.

c. Conformance requirements apply to the supporting standards referenced within each standard. As Contractor performs solution updates to maintain conformance, the Contractor shall not abandon services or feature functionality in place at the time of the solution upgrade. Contractor shall uncover any performance or feature changes prior to the upgrade and report them to TECB for approval.

d. The Call Handling as a Service (CHaaS) shall leverage Contractor’s ESInet between CHE hosts and subscribing CHaaS remote facilities.

e. Contractor shall include all necessary edge router hardware and TDM gateways. f. Contractor’s solution shall interoperate on the same network with other vendors’

standards conformant CHaaS solutions without interfering with the performance of the other.

g. Contractor’s equipment shall be newly manufactured and fully supported by the manufacturer with no published announcements of end of sale, end of life (EOL), or end of support as of the delivery date.

h. Contractor shall provide a 24 x 7 x 365 NOC/SOC for reporting and escalating issues with software and/or hardware above Tier 2.

i. Contractor shall provide 24 x 7 x 365 staffed NOC/SOC shall have a warm backup. NOC/SOC must be able to sustain operations when social distancing measures are advised.

j. Contractor’s CHaaS solution shall conform to the latest published/ratified version of NENA-STA-010.2-2016.

k. All PSAPs shall have their own unique set of configurations — e.g., agent identifications (IDs), speed numbers, screen layouts, management information system (MIS) reports — that are not accessible by any other PSAP configured in the solution.

l. Authorized TECB administrative personnel shall have full visibility into the enterprise activity — real time or near real time — as well as health/performance monitoring and historical reporting.

m. Contractor’s CHaaS solution shall receive SMS and RTT requests for service direct from the Contractor’s NGCS.

n. Contractor’s CHaaS solution shall provide user profile settings, which are retained between logins, during upgrades and between sessions (i.e., logoff and return next day).

o. Contractor’s CHaaS solution shall provide Profiles shall be stored on the network and be available from any workstation.

p. Contractor’s CHaaS solution shall be capable of establishing skills-based profiles. q. Contractor’s CHaaS solution shall provide access to call-handling assets (e.g., trunks,

lines, queues, speed dials, configurations, screen layouts) based on a user’s profile. r. Contractor’s CHaaS solution shall provide automatic — i.e., without manual intervention

— transfer or failover core processing functionality upon detection of a problem that impacts the system’s ability to meet the 99.999 percent SLA.

s. Each of Contractor’s CHE node shall have sufficient configured capacity to support 125 percent of busy-hour volume of 911 calls and mapping functionality for all PSAPs served by the CHaaS.

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t. Contractor’s CHaaS solution shall have the ability to procure and deploy fully functional laptops with virtual private network (VPN) capability to achieve remote call taking via FirstNet or wireless hotspot connectivity.

u. Contractor’s CHaaS solution shall conform with NENA 75-001.1, Security for Next-Generation 9-1-1 Standard (NG-SEC).

v. Contractor’s CHaaS solution shall provide six-month (minimum) advance written notification to TECB for any EOL or end of service component, with plans regarding how the affected component(s) will be replaced without affecting service.

w. Contractor’s CHaaS solution shall support the CAD interface as described in NENA-STA-027.3-2018, NENA E9-1-1 PSAP Equipment Standards ANS Candidate (originally NENA 04-001), July 2, 2018.

x. Contractor’s CHaaS solution shall support IP-based CAD connections. y. Contractor’s CHaaS solution shall conform to LIS and LDB interfaces as specified in

NENA-STA-010.2-2016, NENA Detailed Functional and Interface Standards for the NENA i3 Solution, (or its successor within 18 months of ratification).

z. Contractor’s CHaaS solution shall provide all new PSAP hardware — e.g., monitors, keyboards, mice, headsets, phones, etc.

aa. Contractor’s CHaaS solution shall provide all devices configured with redundant power supplies OR be powered through a device that provides uninterrupted automatic transfer of power when one of two connected circuits fails — i.e., an automatic transfer switch.

bb. Contractor’s CHaaS solution shall work with interested PSAPs to interface/integrate CHaaS positions in their existing mobile command and control assets with wireless ESInet connectivity to the NGCS for call delivery.

cc. Contractor’s CHaaS solution shall support the History-Info header and the associated Reason parameter. The CHaaS must recognize the History-Info header and present the originally intended destination and the reason why the call was diverted.

dd. Contractor’s CHaaS solution shall provide a ring tone for 911 calls that is distinctly different from the ring tones for administrative calls and text messages.

ee. Contractor’s CHaaS solution shall provide a ring tone for text messages that is distinctly different from the ring tones for administrative and 911 calls.

ff. When configured for automatic call distribution (ACD) operation, the Contractor’s CHaaS solution shall support user-defined, distinctive ring tones for each ACD queue.

gg. Contractor’s CHaaS solution shall provide distinctive ring tones to be customized by agent role.

hh. Contractor’s CHaaS solution shall enable the telecommunicator to add an outside caller or inside caller to an in-progress “live” call while remaining on the line, with no limitation as to what type of call the telecommunicator is taking.

ii. Contractor’s CHaaS solution shall allow for the telecommunicator to control the audio levels to manage the voice quality experience when conferencing multiple parties.

jj. Contractor’s CHaaS solution shall provide for the ability of the original telecommunicator to be able to mute/unmute any party on the conference.

kk. Contractor’s CHaaS solution shall provide for the original telecommunicator to be able to mute/unmute any party on the conference without muting the caller’s audio — i.e., allow the telecommunicator to speak to others on the conference, privately, while still listening to the caller.

ll. Contractor’s CHaaS solution shall provide for the original telecommunicator to be able to select and drop any party from the conference.

mm. Contractor’s CHaaS solution shall provide for the original telecommunicator, or any of the conference parties, to be able to drop out of the conference without losing the 911 caller.

nn. Contractor’s CHaaS solution shall provide a conferencing feature that supports, at a minimum, any combination of up to six (6) parties.

oo. Contractor’s CHaaS solution shall allow authorized PSAP personnel to listen quietly and mute/unmute while listening to a telecommunicator’s live conversation.

pp. Contractor’s CHaaS solution’s monitoring feature capabilities shall be managed by the authorized personnel’s credentials.

qq. Contractor’s CHaaS solution shall include the ability to toggle on/off an audio and/or visual notification to the telecommunicator when a supervisor listens in on a call.

rr. The audio quality of the Contractor’s CHaaS solution shall not be degraded by call monitoring functionality.

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ss. Contractor’s CHaaS solution shall enable an authorized PSAP telecommunicator to barge into another telecommunicator’s live conversation.

tt. Contractor’s CHaaS solution’s barge-in feature must be activated by utilizing a mouse or an easily invoked keyboard command.

uu. Contractor’s CHaaS solution’s barge-in feature shall not degrade the audio quality of the call.

vv. Contractor’s CHaaS solution shall be configurable to provide a tone to announce the barge-in.

ww. Contractor’s CHaaS solution shall be capable of calling back wireline, wireless, TDD/TTY3, text and VoIP callers based on the calling party number.

xx. Contractor’s CHaaS solution shall use the Caller ID (CID) information to allow a callback from an administrative line.

yy. Contractor’s CHaaS solution shall provide functionality for automatic prefix digit(s) insertion/deletion — e.g., adding +9 — and not require manual input.

zz. Contractor’s CHaaS solution shall provide a visual indication for abandoned calls. Audible indication is desired for abandoned calls.

aaa. Contractor’s CHaaS solution shall provide a configurable option allowing for an automatic response to an abandoned call. Options should allow for automated response via phone call or text.

bbb. Contractor’s CHaaS solution shall provide each individual agency with the ability to configure the automatic-callback option to be enabled or disabled by the agency.

ccc. Contractor’s CHaaS solution shall allow the system to return a call and/or text message to an abandoned call, and to prompt the recipient of the call to take an action — e.g., press 1 to notify the agency that no assistance is needed; press 2 to be routed to 911.

ddd. Contractor’s CHaaS solution shall provide abandoned call reports as part of its MIS. eee. Contractor’s CHaaS solution shall identify a repeat-call condition to the

telecommunicator. fff. Contractor’s CHaaS solution shall provide telecommunicators with the ability to query

telephone numbers, in real time, with a date/time range to retrieve call information for all calls — 911 and non-911 — received from a telephone number. This functionality should be available to telecommunicators at any point, regardless if they are on an active 911 call or not.

ggg. Contractor’s CHaaS solution shall support a minimum of eight (8) speed-dial entries per service area (analogous to a legacy ESZ4).

hhh. Contractor’s CHaaS solution’s Automatic Call Distribution (ACD) functionality shall provide for longest idle, top down, round robin and ring all hunt group.

iii. Contractor’s CHaaS solution shall inform the telecommunicator of the number of calls on hold and the number of calls in each queue.

jjj. Contractor’s CHaaS solution shall provide for the ability for telecommunicators to toggle between “ready” and “not ready” —while ready, telecommunicators can receive calls presented through the ACD queues. Conversely, ACD calls are not presented to telecommunicators who are not ready.

kkk. Contractor’s CHaaS solution shall provide for the ability to require a telecommunicator to enter a reason for why they are changing their status to “not ready.”

lll. Contractor’s CHaaS solution shall provide the configurable option of forced (automatic) answer of ACD calls, which presents a 911 call to an available telecommunicator and provides an audible tone — e.g., zip tone — to the telecommunicator prior to automatically connecting the 911 caller to the telecommunicator.

mmm. Contractor’s CHaaS solution shall provide, in a forced-answer environment, support for the ability of each telecommunicator to record automatic greetings, in their own voice, for each queue. This enables consistent call answering, as well as giving the telecommunicator a notification of the type of call they are about to receive.

nnn. Contractor’s CHaaS solution shall provide an administrator-configurable timer to optionally allow the telecommunicator to automatically enter a “wrap-up” state following the end of a call. This allows the telecommunicator to enter post-call notes prior to being made available for additional calls.

3 Telecommunications device for the deaf/teletypewriter. 4 Emergency service zone.

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ooo. Contractor shall perform weekly anti-virus software updates to all CHaaS workstations. ppp. Contractor’s CHaaS solution shall provide hot-seating capabilities, i.e., the ability for a

telecommunicator from PSAP A to login at a workstation at PSAP B and have their “home” PSAP assets — e.g., trunks, lines, queues, speed dial lists, map — available from any workstation in the system.

A.53. Contractor’s CHaaS solution shall provide a dynamic map display with the following functionality: a. The human machine interface (HMI) shall display emergency event location and calling

device location information on a map display. b. Map display configuration — e.g., map scale, base map data, iconography, caller/event

location display rules — shall be based on logged-in user's profile/role. c. The HMI shall provide the ability to display location update results on a map display in

real time. d. The HMI shall provide the ability to make such dynamic features private — i.e., visible

only to the creating agent — visible to specific groups — i.e., roles, agencies — or visible to all users. Such dynamic features shall be able to be captured and stored for easy reuse.

e. The HMI shall provide the ability to set default GIS layers that are visible based on user login/role, and to select/unselect individual GIS layers for display.

f. The HMI shall provide the ability to search for a location using geo-coordinates, civic address, and common place name.

g. The HMI shall provide the ability to retrieve location information — i.e., address and geo-coordinates — by clicking on a point on the map display.

h. Contractor’s CHaaS solution shall provide the ability to designate a location as a call/incident location by clicking on a point on the map or selecting it from the list of search results.

i. The HMI shall support the ability to represent calls on the map with different icons based on class of service/type of call — e.g., wireline, wireless, VoIP, SMS.

j. The HMI shall provide the ability to display the emergency response agencies associated with an emergency location on the map display.

k. The HMI shall provide the ability to graphically display the location accuracy in terms of horizonal uncertainty associated with a given calculated position.

l. The HMI shall provide the ability to answer and manage calls directly from the map.

A.54. Contractor shall provide a training plan for a comprehensive CHaaS training program within sixty (60) days of contract execution. The comprehensive training program shall include the following:

a. Options for both train-the-trainer and end-user models for all CHE systems, including agent training, administrator training, MIS, and map;

b. Training to accommodate staff across 24 x 7 shifts; c. Soft copies of all training materials; d. Technician training that includes refresher training for PSAP staff; e. Training services that include an onsite trainer in each PSAP for each different shift

following cutover (“lifeguard”); f. A summary/syllabus and duration of each training class, so that PSAPs can coordinate

personnel schedules; g. Training materials that include quick-reference guides for call-takers (CHE and mapping); h. Training for call-takers that occurs no more than one (1) week prior to go-live to reduce

memory-retention issues; and i. Provide technician certification training for interested ECDs whose staff could serve as

local hands during emergent situations.

A.55. TECB reserves the right to record — audio and video — all training sessions and make them available to staff online for refresher and new-agent training at no additional charge.

A.56. Contractor shall provide documentation for all user-accessible configurations.

A.57. Contractor shall provide documentation for CHaaS MIS, including sample reports, report customization and automation, and ad hoc report design. Ad hoc report design shall include report development best practices.

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A.58. Contractor shall provide administrator guide(s) including screen-layout customization and speed-

dial directory maintenance, import, and export.

A.59. Contractor shall provide telecommunicator quick reference cards.

A.60. Contractor’s CHaaS MIS shall provide for the following: a. Authorized personnel to run reports specific to their PSAP without other PSAPs having

visibility into another PSAP’s reports. b. Authorized ECD personnel to run reports on any PSAP within their jurisdiction. c. Ability to have reports that include color charts and graphs. d. Detail regarding the canned reports or analytics data available — e.g., call summary,

calls per hour. e. Ability to pull statistics on calls that were intended for a PSAP, but were

alternate/abandon routed per PRF. f. Authorized personnel to query the data to create and print reports in an ad hoc fashion. g. Contractor’s MIS documentation that includes a data dictionary and explanations of data

fields available for reporting. h. After ad hoc reports have been developed, the ability to save the ad hoc report template

and to optionally schedule the report for automatic execution. i. Ability for reports to be scheduled for output to files, printers, or other network locations.

A.61. Contractor’s CHaaS solution shall provide Instant Recall Recorder (IRR) with the following

functionality: a. Recording at workstations for both radio and telephone. b. Playback of radio and 911 calls independently or together. c. Support of the following single-click playback controls that enable the user to navigate to

any portion of the recorded conversation(s): i. Play ii. Pause iii. Stop iv. Play forward/fast forward v. Rewind vi. Repeat vii. Skip forward/back for a configurable number of seconds

A.62. Contractor’s CHaaS solution shall provide for the following code, grounding and transient voltage

surge suppression design requirements: a. Solution shall comply with all applicable national, state and local codes. b. Data centers, call-handling centers, PSAPs and workstations shall be grounded per the

guidelines in Chapter 5, Internal Grounding (Earthing) Dispatch Centers and Network Operator Positions, found in Motorola R56®, Standards and Guidelines for Communication Sites.

c. Secondary transient voltage surge suppression (TVSS) devices are required to be installed in addition to primary protection, typically on facilities’ punch-down blocks — i.e., low-density installations — or via plug-in modules — i.e., high-density installations — and are to be used to protect the equipment from voltages that may have been introduced into the sites from utility facilities.

d. Secondary TVSS devices must be installed to protect incoming and outgoing equipped metallic circuits that are connected or could connect to wireless or wireline private or leased line facilities, including central office plain old telephone service (CO POTS), 911 trunks, DS1 facilities, and Ethernet.

e. The secondary TVSS device must have an operational indicator in the form of a light or audible signal to alert maintenance personnel that the device has been exercised, failed, or the circuit is no longer protected.

f. The secondary TVSS must not degrade the audio signaling and must remain operational throughout the service.

g. Each PSAP site should include an onsite spares kit to assist in emergency restoration.

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h. TVSS equipment must comply with Underwriters Laboratories (UL) 497A, Secondary Protectors for Communications Circuits.

A.63. Contractor shall provide coordinated project management for its CHaaS solution. CHaaS project management support shall include:

a. Within sixty (60) days of contract execution, a detailed project plan and timeline that shows the entire project for all CHaaS sites, calculated from the date of contract execution and including a Gantt chart.

b. Biweekly written progress reports distributed at least 24 hours prior to the project call that capture the minutes and action items from the prior biweekly project call.

c. Biweekly progress report must contain details relating to the following tasks: i. Data gathering ii. Staging and lab testing iii. Installation progress at each site iv. Testing and acceptance v. Adherence to the Gantt chart and adjustments with explanations, if necessary vi. Punch-list items, outstanding issues, and progress report

d. An advance notice to the ECD prior to any PSAP visit and authorization from the ECD to visit, which reserves the right to alter or suspend the intended schedule for any reason at its sole discretion.

A.64. Contractor shall be responsible for the repair or restoration of any damages caused by the Contractor, its subcontractors or delivery personnel to any ECD or PSAP facilities through the receiving, delivery, installation or test of the entire solution.

A.65. Contractor shall be accountable for the secure storage of materials until such time that the items

are to be installed. ECD and PSAP facilities shall not be used as a warehouse for uninstalled equipment.

A.66. Contractor shall be responsible for ensuring that the CHaaS equipment is fully staged, configured

and tested prior to delivery to the PSAP.

A.67. Contractor shall arrange for CHaaS equipment to be delivered onsite on an as-needed basis, and the cost for delivery must be included as part of the Contractor’s service.

A.68. Receipt, inventory and movement of material are the responsibility of the Contractor.

A.69. Contractor shall be responsible for the disposal of shipping material, as well as the daily removal of other day-to-day refuse.

A.70. Contractor shall provide the ECD with a detailed inventory in hard-copy and soft-copy format of all equipment provided in the installation of the CHaaS solution.

A.71. Any hardware or equipment lost, misplaced or damaged prior to acceptance will be replaced with new equivalent at the Contractor’s sole expense.

A.72. Prior to the cutover of the CHaaS solution, Contractor shall: a. Confirm and document equipment configuration; b. Provide evidence of backup of all configuration files and databases for all CHE; c. Confirm and document control, monitoring, and alarm solutions; d. Provide as-built documentation of all installed cabling, equipment, configurations and all

associated aspects of the service, with specific attention to any unique or special configurations;

e. Coordinate cutover activities with all service providers, ECD staff and PSAP personnel; f. Provide a detailed cutover plan along with coordination conference calls and supporting

documentation to all participating parties at least thirty (30) days before cutover begins; and

g. Review the cutover plan with ECD and PSAP staff at least fourteen (14) days prior to cutover.

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A.73. If a test case fails, Contractor shall document the failure and work expeditiously to resolve the

problem. If there is disagreement on the pass/fail of a test case, the ECD or its designee will provide the Contractor with a written description of which test failed and the reason for the failure. Contractor will work expeditiously to resolve the problem, providing an estimated time of resolution.

A.74. At least ninety (90) days prior to a CHaaS site cutover, Contractor shall provide a site-specific test

plan with detailed parameters and initial conditions, test cases, and expected measurable results for every functional and technical facet identified in the scope of services and proposal.

A.75. During the cutover event of the CHaaS solution, Contractor shall:

a. Provide trained and capable technical and functional solution support; b. Make the project manager available on the day of cutover; and c. Provide “cutover coaching,” —i.e., onsite user support for end users to ease the transition

to the new system. i. Cutover coaching shall include at least four (4) hours for each of the unique shifts

immediately following cutover.

A.76. Contractor’s PSAP final CHaaS acceptance testing shall confirm that the Contractor’s solution operates during day-to-day use in each live PSAP environment.

a. The testing period must be sufficient to demonstrate the solution’s performance and reliability.

b. The testing period shall be thirty (30) consecutive calendar days without a Priority One or Priority Two fault.

A.77. Defined fault categories are applied during the final CHaaS PSAP acceptance testing process.

All detected faults will be documented, and the documentation will include a reasonable time period in which the fault is to be resolved by the Contractor.

A.78. Maintenance releases and feature releases shall be provided to TECB and participating ECDs at

no additional cost.

A.79. Contractor shall provide the ECDs with access to its defect-tracking system in order for ECDs to track the progress of defect resolutions.

A.80. Contractor’s backup processes shall not affect system performance. A.81. Contractor shall provide a minimum of ten (10) business days advance notice to TECB and

affected ECDs/PSAPs prior to performing maintenance or upgrades. The only exception to this advance-notice requirement is in cases where an update or upgrade is immediately required to restore a failed or failing service or component.

A.82. Contractor shall provide, utilize, maintain, and make available to the TECB and ECDs an online

site history log that tracks all system faults, resolutions and upgrades that are performed onsite and remotely.

A.83. The Contractor shall establish a quality management and improvement program for this Contract

similar to the proposed program submitted as part of Contractor’s Response to RFP #33501-215002 (Attachment D). The on-going quality control and management of business processes must encompass those obligations as set forth in this Section A of this contract.

a. The Contractor's quality management program must utilize appropriate tools (e.g. control

charts, histograms, on-going statistical analysis of data, etc.). Specific examples of the use of these tools are determining process capability, identifying special causes of

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variation and negative trends and determining where process improvement efforts should be focused first.

b. The Contractor shall provide and maintain a public web site and shall have updates

made, minimally, on a quarterly basis. Network outage information shall be updated to the web site as necessary. All information, data and forms must be approved by the State before it is posted to this web site. The web site shall include the following, but not limited to:

i. A list of all products and services with descriptions, availability and unique identifier, including features.

ii. Product and service rates, including features. iii. Contract language and amendments. iv. FAQs. v. Ordering instructions. vi. End-User Escalation Process. vii. News.

c. The Contractor shall provide and maintain a private web site. The Contractor shall use

this portal to provide the State and ECDs with access to information, including, but not limited to, service level agreement reports, fiscal management reports, inventory management reports, invoice management, Contract performance reports, and contracted service project work reports.

A.84. Transition Services. As this Contract nears its end, the Contractor agrees to cooperate fully with the State and/or any vendor that receives an award for a subsequent contract for successor

services, to transition the services described in this contract from the Contractor to the State and/or the subsequent vendor. At the State's discretion, the State shall start these transition services as early as twenty-four (24) months prior to the end of the present Contract. The Contractor shall:

a. Provide continuing services that are the same as those currently provided, with no

decrease in quality, as the State coordinates the transition from the present Contract. b. Fully cooperate with the State and any subsequent vendor in testing and parallel

operation of any new network that replaces or supersedes the existing network. c. Provide any information as requested by the State that would assist the State with the

transition of the services. A.85. MyTN.gov Interface.

a. The State may require the software developed or provided by the Contractor under this Contract to interface with the State’s customer-facing portal, MyTN.gov. This may occur at any time during the Term of the Contract. If so, the Contractor may have to comply with one, or more, of the following requirements: i. All web applications must be Responsive. “Responsive” is an industry standard

term that refers to a web design that makes web pages render well on a variety of devices and window or screen sizes.

ii. All web applications must have the capability to use a single-sign on server utilizing the following industry standard protocols: Security Assertion Markup Language (“SAML”) or minimum of OAuth 2.0.

b. Any of the obligations in Section A.84.a that were known and required prior to Contract

Effective Date will be specified herein, including necessary compensation methods and amounts.

c. For any of the obligations in Section A.84.a that were unknown or not required at

Contract Effective Date, it will be necessary to add lines, items, or options to the Contract

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to accommodate one or more of the new interface requirements. The State shall add these lines, items, or options in accordance with the MOU process described in Section E.3, below. If the Contractor requires additional compensation for the interface tasks, such compensation shall be negotiated and specified through this same MOU process.

A.86. Upon request of the State, and as applicable by law, the Contractor shall comply with all GALEA

requirements applicable to the State or ECDs. A.87. Warranty. Contractor represents and warrants that the term of the warranty (“Warranty Period”)

shall be the greater of the Term of this Contract or any other warranty generally offered by Contractor, its suppliers, or manufacturers to customers of its goods or services. The goods or services provided under this Contract shall conform to the terms and conditions of this Contract throughout the Warranty Period. Any nonconformance of the goods or services to the terms and conditions of this Contract shall constitute a “Defect” and shall be considered “Defective.” If Contractor receives notice of a Defect during the Warranty Period, then Contractor shall correct the Defect, at no additional charge.

Contractor represents and warrants that the State is authorized to possess and use all

equipment, materials, software, and deliverables provided under this Contract. Contractor represents and warrants that all goods or services provided under this Contract shall

be provided in a timely and professional manner, by qualified and skilled individuals, and in conformity with standards generally accepted in Contractor’s industry.

If a defect occurs, the ECD shall provide a written notification to the Contractor. The Contractor

shall correct the defect, and provide written notification of the correction to the ECD and TECB; The final acceptance testing period will restart upon the ECD’s written notification of acceptance of the correction, or ten (10) business days, whichever is less; this procedure shall continue until compliance over the testing period is achieved, at which time the goods or services will be deemed fully accepted and the acceptance notice (to be defined in the test plan) mutually executed. If Contractor fails to provide the goods or services as warranted, then Contractor will re-provide

the goods or services at no additional charge. If Contractor is unable or unwilling to re-provide the goods or services as warranted, then the State shall be entitled to recover the fees paid to Contractor for the Defective goods or services. Any exercise of the State’s rights under this Section shall not prejudice the State’s rights to seek any other remedies available under this Contract or applicable law.

A.88. Inspection and Acceptance. The State shall have the right to inspect all goods or services

provided by Contractor under this Contract. If, upon inspection, the State determines that the goods or services are Defective, the State shall notify Contractor, and Contractor shall re-deliver the goods or provide the services at no additional cost to the State. If after a period of thirty (30) days following delivery of goods or performance of services the State does not provide a notice of any Defects, the goods or services shall be deemed to have been accepted by the State.

B. TERM OF CONTRACT: B.1. This Contract shall be effective on DATE (“Effective Date”) and extend for a period of sixty (60)

months after the Effective Date (“Term”). The State shall have no obligation for goods or services provided by the Contractor prior to the Effective Date.

B.2. Renewal Options. This Contract may be renewed upon satisfactory completion of the Term. The

State reserves the right to execute up to two (2) renewal options under the same terms and conditions for a period not to exceed twelve (12) months each by the State, at the State's sole option. In no event, however, shall the maximum Term, including all renewals or extensions, exceed a total of eight-four (84) months.

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C. PAYMENT TERMS AND CONDITIONS: C.1. Maximum Liability. In no event shall the maximum liability of the State under this Contract

exceed Written Dollar Amount ($Number) (“Maximum Liability”). This Contract does not grant the Contractor any exclusive rights. The State does not guarantee that it will buy any minimum quantity of goods or services under this Contract. Subject to the terms and conditions of this Contract, the Contractor will only be paid for goods or services provided under this Contract after a purchase order is issued to Contractor by the State or as otherwise specified by this Contract.

C.2. Compensation Firm. The payment methodology in Section C.3. of this Contract shall constitute

the entire compensation due the Contractor for all goods or services provided under this Contract regardless of the difficulty, materials or equipment required. The payment methodology includes all applicable taxes, fees, overhead, and all other direct and indirect costs incurred or to be incurred by the Contractor.

C.3. Payment Methodology. The Contractor shall be compensated based on the payment rates for

goods or services contained in Contract Attachment E and as authorized by the State in a total amount as set forth in Section C.1. The Contractor’s compensation shall be contingent upon the satisfactory provision of goods or services as set forth in Section A.

Implementation of the goods or services in Contract Attachment E may require the development

of necessary deliverables, which shall be identified in writing by the Contractor and agreed upon by the State prior to performance. In such case, the Contract includes eight payment milestones. When the Contractor receives the State’s acceptance of all the associated deliverables for an applicable payment milestone, the payment milestone is considered approved. The Contractor shall invoice for payment milestones of applicable non-recurring fees according to the tables below.

NG911 Core Services Non-Recurring Fee Payment Milestone Schedule

Payment Milestone

Percentage of Total Payment Milestones Cost

Fee (per compensable increment)

1: Master Project Plan Delivered and Accepted

Ten percent (10%)

$Number

2: PSAP Final Acceptance Test Successfully Completed for first 25 ECDs

Twenty percent (20%) $Number


Ten percent (10%) $Number


Ten percent (10%) $Number

5: PSAP Final Acceptance Test Successfully Completed for all 100 ECDs

Thirty-five percent (35%) $Number

6: Final System Acceptance Testing Fifteen percent (15%) $Number

Total One hundred percent (100%)

$Number

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Call Handling as a Service (CHaaS) Non-Recurring Fee Payment Milestone Schedule

Payment Milestone



7: Workstation Hardware Delivered to ECD/PSAP

Twenty-five percent (25%)

$Number

8: CHaaS Workstation Go-Live Seventy-five percent (75%)

$Number


$Number

New Platform Integration Non-Recurring Fee Payment Milestone Schedule

Payment Milestone



9: Project Plan Delivered Ten percent (10%)

$Number

10: Completion of Pre-Production Testing

Twenty-five percent (25%) $Number

11: Completion of Pilot Site Testing Thirty percent (30%) $Number

12: New Platform Service Live with First PSAP

Thirty-five percent (35%) $Number


$Number

Dashboard Non-Recurring Fee Payment Milestone Schedule

Payment Milestone



13: Dashboard Requirements Document Accepted

Forty percent (40%)

$Number

14: Pre-live Demonstration of Dashboard Application

Twenty percent (20%) $Number

15: Dashboard Live Forty percent (40%) $Number


$Number

C.4. Travel Compensation. The Contractor shall not be compensated or reimbursed for travel time,

travel expenses, meals, or lodging. C.5. Invoice Requirements. The Contractor shall invoice the State only for goods delivered and

accepted by the State or services satisfactorily provided at the amounts stipulated in Section C.3., above. Contractor shall submit invoices and necessary supporting documentation, no more frequently than once a month, and no later than thirty (30) days after goods or services have been provided to the following address:

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Tennessee Department of Commerce and Insurance Attention: Tennessee Emergency Communications Board 500 James Robertson Parkway Nashville, TN 37243 [email protected] a. Each invoice, on Contractor’s letterhead, shall clearly and accurately detail all of the following information (calculations must be extended and totaled correctly):

i. Invoice number (assigned by the Contractor); ii. Invoice date; iii. Contract number (assigned by the State); iv. Customer account name: Tennessee Department of Commerce and Insurance

Tennessee Emergency Communications Board v. Customer account number (assigned by the Contractor to the above-referenced

Customer); vi. Contractor name; vii. Contractor Tennessee Edison registration ID number; viii. Contractor contact for invoice questions (name, phone, or email); ix. Contractor remittance address; x. Description of delivered goods or services provided and invoiced, including

identifying information as applicable; xi. Number of delivered or completed units, increments, hours, or days as

applicable, of each good or service invoiced; xii. Applicable payment methodology (as stipulated in Section C.3.) of each good or

service invoiced; xiii. Amount due for each compensable unit of good or service; and xiv. Total amount due for the invoice period.

b. Contractor’s invoices shall:

i. Only include charges for goods delivered or services provided as described in

Section A and in accordance with payment terms and conditions set forth in Section C;

ii. Only be submitted for goods delivered or services completed and shall not include any charge for future goods to be delivered or services to be performed;

iii. Not include Contractor’s taxes, which includes without limitation Contractor’s sales and use tax, excise taxes, franchise taxes, real or personal property taxes, or income taxes; and

iv. Include shipping or delivery charges only as authorized in this Contract.

c. The timeframe for payment (or any discounts) begins only when the State is in receipt of an invoice that meets the minimum requirements of this Section C.5, and the State shall pay all valid, undisputed invoices as set forth in the Tennessee Prompt Pay Act, Tenn. Code Ann. § 12-4-701, et seq. (the "Prompt Pay Act").

d. Contractor shall document a billing escalation process for this contract similar to the

proposed process submitted as part of Contractor’s Response to RFP #33501-215002 (Attachment D) to resolve any billing issue including discrepancies, errors, omissions, or unrecognized charges. If the State disputes a charge, the State will provide notice to Contractor specifically identifying the charge and the reason it is disputed. The portion of charges in dispute may be withheld and Contractor shall conduct an investigation of the dispute and notify the State of the investigation results. Following Contractor's notice of the results of its investigation to the State, the State shall make a determination of whether it agrees with the results of the investigation. If so, payment of all properly due charges and properly accrued late payment fees must be made as allowed by the Prompt Pay Act . If Contractor’s investigation determines charges are not properly due, Contractor shall issue an updated invoice and reverse any late payment fees that were invoiced in error. If the State does not agree with Contractor’s investigation results, the


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Parties may exercise available remedies under this Contract or at law if unable to satisfactorily resolve the dispute. Nothing in this section shall limit the State’s other rights provided under this Contract or at law.

C.6. Payment of Invoice. A payment by the State shall not prejudice the State's right to object to or

question any payment, invoice, or other matter. A payment by the State shall not be construed as acceptance of goods delivered, any part of the services provided, or as approval of any amount invoiced.

C.7. Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included

in any invoice or payment that is determined by the State, on the basis of audits conducted in accordance with the terms of this Contract, to not constitute proper compensation for goods delivered or services provided.

C.8. Deductions. The State reserves the right to deduct from amounts, which are or shall become due

and payable to the Contractor under this or any contract between the Contractor and the State of Tennessee, any amounts that are or shall become due and payable to the State of Tennessee by the Contractor.

C.9. Prerequisite Documentation. The Contractor shall not invoice the State under this Contract until

the State has received the following, properly completed documentation.

a. The Contractor shall complete, sign, and present to the State the "Authorization Agreement for Automatic Deposit Form" provided by the State. By doing so, the Contractor acknowledges and agrees that, once this form is received by the State, payments to the Contractor, under this or any other contract the Contractor has with the State of Tennessee, may be made by ACH; and

b. The Contractor shall complete, sign, and return to the State the State-provided W-9 form.

The taxpayer identification number on the W-9 form must be the same as the Contractor's Federal Employer Identification Number or Social Security Number referenced in the Contractor’s Edison registration information.

D. MANDATORY TERMS AND CONDITIONS: D.1. Required Approvals. The State is not bound by this Contract until it is duly approved by the

Parties and all appropriate State officials in accordance with applicable Tennessee laws and regulations. Depending upon the specifics of this Contract, this may include approvals by the Commissioner of Finance and Administration, the Commissioner of Human Resources, the Comptroller of the Treasury, and the Chief Procurement Officer. Approvals shall be evidenced by a signature or electronic approval.

D.2. Communications and Contacts. All instructions, notices, consents, demands, or other

communications required or contemplated by this Contract shall be in writing and shall be made by certified, first class mail, return receipt requested and postage prepaid, by overnight courier service with an asset tracking system, or by email or facsimile transmission with recipient confirmation. All communications, regardless of method of transmission, shall be addressed to the respective Party at the appropriate mailing address, facsimile number, or email address as stated below or any other address provided in writing by a Party. The State: Curtis Sutton, Executive Director for TECB Department of Commerce and Insurance 500 James Robertson Pkwy.

Nashville, TN 37243 Email: [email protected] Telephone # 615-741-2882

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The Contractor: Contractor Contact Name & Title Contractor Name Address Email Address Telephone # Number FAX # Number All instructions, notices, consents, demands, or other communications shall be considered effective upon receipt or recipient confirmation as may be required.

D.3. Modification and Amendment. This Contract may be modified only by a written amendment

signed by all Parties and approved by all applicable State officials. The State’s exercise of a valid Renewal Option or Term Extension does not constitute an amendment so long as there are no other changes to the Contract’s terms and conditions.

D.4. Subject to Funds Availability. The Contract is subject to the appropriation and availability of State

or federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the State reserves the right to terminate this Contract upon written notice to the Contractor. The State’s exercise of its right to terminate this Contract shall not constitute a breach of Contract by the State. Upon receipt of the written notice, the Contractor shall cease all work associated with the Contract. If the State terminates this Contract due to lack of funds availability, the Contractor shall be entitled to compensation for all conforming goods requested and accepted by the State and for all satisfactory and authorized services completed as of the termination date. Should the State exercise its right to terminate this Contract due to unavailability of funds, the Contractor shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages of any description or amount.

D.5. Termination for Convenience. The State may terminate this Contract for convenience without

cause for any reason. The State’s election to terminate this Contract for convenience shall be effective upon the date specified and shall not be deemed a breach of contract by the State. The Contractor shall be entitled to compensation for all conforming goods delivered and accepted by the State or for satisfactory, authorized services completed as of the termination date. In no event shall the State be liable to the Contractor for compensation for any good or service that has not been provided, nor shall the Contractor be relieved of any liability to the State for any damages or claims arising under this Contract.

D.6. Termination for Cause. If the Contractor fails to properly perform its obligations under this

Contract in a timely or proper manner, or if the Contractor materially violates any terms of this Contract (“Breach Condition”),the State shall have the right to immediately terminate the Contract and withhold payments in excess of compensation for completed services or provided goods. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for damages sustained by virtue of any Breach Condition and the State may seek other remedies allowed at law or in equity for breach of this Contract.

D.7. Assignment and Subcontracting. The Contractor shall not assign this Contract or enter into a

subcontract for any of the goods or services provided under this Contract without the prior written approval of the State. Notwithstanding any use of the approved subcontractors, the Contractor shall be the prime contractor and responsible for compliance with all terms and conditions of this Contract. The State reserves the right to request additional information or impose additional terms and conditions before approving an assignment of this Contract in whole or in part or the use of subcontractors in fulfilling the Contractor’s obligations under this Contract.

D.8. Conflicts of Interest. The Contractor warrants that no part of the Contractor’s compensation shall

be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Contractor in connection with any work contemplated or performed under this Contract.

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The Contractor acknowledges, understands, and agrees that this Contract shall be null and void if the Contractor is, or within the past six (6) months has been, an employee of the State of Tennessee or if the Contractor is an entity in which a controlling interest is held by an individual who is, or within the past six (6) months has been, an employee of the State of Tennessee.

D.9. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be

excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal or state law. The Contractor shall, upon request, show proof of nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

D.10. Prohibition of Illegal Immigrants. The requirements of Tenn. Code Ann. § 12-3-309 addressing

the use of illegal immigrants in the performance of any contract to supply goods or services to the state of Tennessee, shall be a material provision of this Contract, a breach of which shall be grounds for monetary and other penalties, up to and including termination of this Contract.

a. The Contractor agrees that the Contractor shall not knowingly utilize the services of an

illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract. The Contractor shall reaffirm this attestation, in writing, by submitting to the State a completed and signed copy of the document at Attachment B, semi-annually during the Term. If the Contractor is a party to more than one contract with the State, the Contractor may submit one attestation that applies to all contracts with the State. All Contractor attestations shall be maintained by the Contractor and made available to State officials upon request.

b. Prior to the use of any subcontractor in the performance of this Contract, and semi-

annually thereafter, during the Term, the Contractor shall obtain and retain a current, written attestation that the subcontractor shall not knowingly utilize the services of an illegal immigrant to perform work under this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant to perform work under this Contract. Attestations obtained from subcontractors shall be maintained by the Contractor and made available to State officials upon request.

c. The Contractor shall maintain records for all personnel used in the performance of this

Contract. Contractor’s records shall be subject to review and random inspection at any reasonable time upon reasonable notice by the State.

d. The Contractor understands and agrees that failure to comply with this section will be

subject to the sanctions of Tenn. Code Ann. § 12-3-309 for acts or omissions occurring after its effective date.

e. For purposes of this Contract, "illegal immigrant" shall be defined as any person who is

not: (i) a United States citizen; (ii) a Lawful Permanent Resident; (iii) a person whose physical presence in the United States is authorized; (iv) allowed by the federal Department of Homeland Security and who, under federal immigration laws or regulations, is authorized to be employed in the U.S.; or (v) is otherwise authorized to provide services under the Contract.

D.11. Records. The Contractor shall maintain documentation for all charges under this Contract. The

books, records, and documents of the Contractor, for work performed or money received under this Contract, shall be maintained for a period of five (5) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the State, the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be prepared in accordance with generally accepted accounting principles.

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D.12. Monitoring. The Contractor’s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives.

D.13. Progress Reports. The Contractor shall submit brief, periodic, progress reports to the State as

requested. D.14. Strict Performance. Failure by any Party to this Contract to require, in any one or more cases,

the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the Parties.

D.15. Independent Contractor. The Parties shall not act as employees, partners, joint venturers, or

associates of one another. The Parties are independent contracting entities. Nothing in this Contract shall be construed to create an employer/employee relationship or to allow either Party to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one Party are not employees or agents of the other Party.

D.16 Patient Protection and Affordable Care Act. The Contractor agrees that it will be responsible for

compliance with the Patient Protection and Affordable Care Act (“PPACA”) with respect to itself and its employees, including any obligation to report health insurance coverage, provide health insurance coverage, or pay any financial assessment, tax, or penalty for not providing health insurance. The Contractor shall indemnify the State and hold it harmless from any costs to the State arising from Contractor’s failure to fulfill its PPACA responsibilities for itself or its employees.

D.17. Limitation of State’s Liability. The State shall have no liability except as specifically provided in

this Contract. In no event will the State be liable to the Contractor or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (including but not limited to negligence), or any other legal theory that may arise under this Contract or otherwise. The State’s total liability under this Contract (including any exhibits, schedules, amendments or other attachments to the Contract) or otherwise shall under no circumstances exceed the Maximum Liability. This limitation of liability is cumulative and not per incident.

D.18. Limitation of Contractor’s Liability. In accordance with Tenn. Code Ann. § 12-3-701, the

Contractor’s liability for all claims arising under this Contract shall be limited to an amount equal to two (2) times the Maximum Liability amount detailed in Section C.1. and as may be amended, PROVIDED THAT in no event shall this Section limit the liability of the Contractor for: (i) intellectual property or any Contractor indemnity obligations for infringement for third-party intellectual property rights; (ii) any claims covered by any specific provision in the Contract providing for liquidated damages; or (iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death. For clarity, except as otherwise expressly set forth in this Section, Contractor’s indemnification obligations and other remedies available under this Contract are subject to the limitations on liability set forth in this Section.

D.19. Hold Harmless. The Contractor agrees to indemnify and hold harmless the State of Tennessee

as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of attorneys’ fees, court costs, expert witness fees, and other litigation expenses for the State to enforce the terms of this Contract.

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In the event of any suit or claim, the Parties shall give each other immediate notice and provide all necessary assistance to respond. The failure of the State to give notice shall only relieve the Contractor of its obligations under this Section to the extent that the Contractor can demonstrate actual prejudice arising from the failure to give notice. This Section shall not grant the Contractor, through its attorneys, the right to represent the State in any legal matter, as the right to represent the State is governed by Tenn. Code Ann. § 8-6-106.

D.20. HIPAA Compliance. The State and Contractor shall comply with obligations under the Health

Insurance Portability and Accountability Act of 1996 (“HIPAA”), Health Information Technology for Economic and Clinical Health (“HITECH”) Act and any other relevant laws and regulations regarding privacy (collectively the “Privacy Rules”). The obligations set forth in this Section shall survive the termination of this Contract.

a. Contractor warrants to the State that it is familiar with the requirements of the Privacy

Rules, and will comply with all applicable requirements in the course of this Contract. b. Contractor warrants that it will cooperate with the State, including cooperation and

coordination with State privacy officials and other compliance officers required by the Privacy Rules, in the course of performance of the Contract so that both parties will be in compliance with the Privacy Rules.

c. The State and the Contractor will sign documents, including but not limited to business

associate agreements, as required by the Privacy Rules and that are reasonably necessary to keep the State and Contractor in compliance with the Privacy Rules. This provision shall not apply if information received or delivered by the parties under this Contract is NOT “protected health information” as defined by the Privacy Rules, or if the Privacy Rules permit the parties to receive or deliver the information without entering into a business associate agreement or signing another document.

d. The Contractor will indemnify the State and hold it harmless for any violation by the

Contractor or its subcontractors of the Privacy Rules. This includes the costs of responding to a breach of protected health information, the costs of responding to a government enforcement action related to the breach, and any fines, penalties, or damages paid by the State because of the violation.

D.21. Tennessee Consolidated Retirement System. Subject to statutory exceptions contained in Tenn.

Code Ann. §§ 8-36-801, et seq., the law governing the Tennessee Consolidated Retirement System (“TCRS”), provides that if a retired member of TCRS, or of any superseded system administered by TCRS, or of any local retirement fund established under Tenn. Code Ann. §§ 8-35-101, et seq., accepts State employment, the member's retirement allowance is suspended during the period of the employment. Accordingly and notwithstanding any provision of this Contract to the contrary, the Contractor agrees that if it is later determined that the true nature of the working relationship between the Contractor and the State under this Contract is that of “employee/employer” and not that of an independent contractor, the Contractor, if a retired member of TCRS, may be required to repay to TCRS the amount of retirement benefits the Contractor received from TCRS during the Term.

D.22. Tennessee Department of Revenue Registration. The Contractor shall comply with all applicable

registration requirements contained in Tenn. Code Ann. §§ 67-6-601 – 608. Compliance with applicable registration requirements is a material requirement of this Contract.

D.23. Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that

it, its current and future principals, its current and future subcontractors and their principals:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency;

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b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) with commission of any of the offenses detailed in section b. of this certification; and

d. have not within a three (3) year period preceding this Contract had one or more public

transactions (federal, state, or local) terminated for cause or default. The Contractor shall provide immediate written notice to the State if at any time it learns that there was an earlier failure to disclose information or that due to changed circumstances, its principals or the principals of its subcontractors are excluded, disqualified, or presently fall under any of the prohibitions of sections a-d.

D.24. Force Majeure. “Force Majeure Event” means fire, flood, earthquake, elements of nature or acts

of God, wars, riots, civil disorders, rebellions or revolutions, acts of terrorism or any other similar cause beyond the reasonable control of the Party except to the extent that the non-performing Party is at fault in failing to prevent or causing the default or delay, and provided that the default or delay cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means. A strike, lockout or labor dispute shall not excuse either Party from its obligations under this Contract. Except as set forth in this Section, any failure or delay by a Party in the performance of its obligations under this Contract arising from a Force Majeure Event is not a default under this Contract or grounds for termination. The non-performing Party will be excused from performing those obligations directly affected by the Force Majeure Event, and only for as long as the Force Majeure Event continues, provided that the Party continues to use diligent, good faith efforts to resume performance without delay. The occurrence of a Force Majeure Event affecting Contractor’s representatives, suppliers, subcontractors, customers or business apart from this Contract is not a Force Majeure Event under this Contract. Contractor will promptly notify the State of any delay caused by a Force Majeure Event (to be confirmed in a written notice to the State within one (1) day of the inception of the delay) that a Force Majeure Event has occurred, and will describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event results in a delay in Contractor’s performance longer than forty-eight (48) hours, the State may, upon notice to Contractor: (a) cease payment of the fees for the affected obligations until Contractor resumes performance of the affected obligations; or (b) immediately terminate this Contract or any purchase order, in whole or in part, without further payment except for fees then due and payable. Contractor will not increase its charges under this Contract or charge the State any fees other than those provided for in this Contract as the result of a Force Majeure Event.

D.25. State and Federal Compliance. The Contractor shall comply with all State and federal laws and

regulations applicable to Contractor in the Contractor’s performance of this Contract. D.26. Governing Law. This Contract shall be governed by and construed in accordance with the laws

of the State of Tennessee, without regard to its conflict or choice of law rules. The Tennessee Claims Commission or the state or federal courts in Tennessee shall be the venue for all claims, disputes, or disagreements arising under this Contract. The Contractor acknowledges and agrees that any rights, claims, or remedies against the State of Tennessee or its employees arising under this Contract shall be subject to and limited to those rights and remedies available under Tenn. Code Ann. §§ 9-8-101 - 408.

D.27. Entire Agreement. This Contract is complete and contains the entire understanding between the

Parties relating to its subject matter, including all the terms and conditions of the Parties’ agreement. This Contract supersedes any and all prior understandings, representations, negotiations, and agreements between the Parties, whether written or oral.

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D.28. Severability. If any terms and conditions of this Contract are held to be invalid or unenforceable

as a matter of law, the other terms and conditions of this Contract shall not be affected and shall remain in full force and effect. The terms and conditions of this Contract are severable.

D.29. Headings. Section headings of this Contract are for reference purposes only and shall not be

construed as part of this Contract. D.30. Incorporation of Additional Documents. Each of the following documents is included as a part of

this Contract by reference. In the event of a discrepancy or ambiguity regarding the Contractor’s duties, responsibilities, and performance under this Contract, these items shall govern in order of precedence below:

a. any amendment to this Contract, with the latter in time controlling over any earlier

amendments; b. this Contract with any attachments or exhibits (excluding the items listed at subsections

c. through f., below), which includes Attachments A, B, C, D, E, F, and G; c. any clarifications of or addenda to the Contractor’s proposal seeking this Contract; d. the State solicitation, as may be amended, requesting responses in competition for this

Contract; e. any technical specifications provided to proposers during the procurement process to

award this Contract; and f. the Contractor’s response seeking this Contract.

D.31. Iran Divestment Act. The requirements of Tenn. Code Ann. § 12-12-101, et seq., addressing

contracting with persons as defined at Tenn. Code Ann. §12-12-103(5) that engage in investment activities in Iran, shall be a material provision of this Contract. The Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief that it is not on the list created pursuant to Tenn. Code Ann. § 12-12-106.

D.32. Insurance. Contractor shall maintain insurance coverage as specified in this Section. The State

reserves the right to amend or require additional insurance coverage, coverage amounts, and endorsements required under this Contract. Contractor’s failure to maintain or submit evidence of insurance coverage, as required, is a material breach of this Contract. If Contractor loses insurance coverage, fails to renew coverage, or for any reason becomes uninsured during the Term, Contractor shall immediately notify the State. All insurance companies providing coverage must be: (a) acceptable to the State; (b) authorized by the Tennessee Department of Commerce and Insurance (“TDCI”); and (c) rated A- / VII or better by A.M. Best. All coverage must be on a primary basis and noncontributory with any other insurance or self-insurance carried by the State. Contractor agrees to name the State as an additional insured on any insurance policy with the exception of workers’ compensation (employer liability) and professional liability (errors and omissions) insurance. All policies must contain an endorsement for a waiver of subrogation in favor of the State. Any deductible or self insured retention (“SIR”) over fifty thousand dollars ($50,000) must be approved by the State. The deductible or SIR and any premiums are the Contractor’s sole responsibility. The Contractor agrees that the insurance requirements specified in this Section do not reduce any liability the Contractor has assumed under this Contract including any indemnification or hold harmless requirements.

To achieve the required coverage amounts, a combination of an otherwise deficient specific policy and an umbrella policy with an aggregate meeting or exceeding the required coverage amounts is acceptable. For example: If the required policy limit under this Contract is for two million dollars ($2,000,000) in coverage, acceptable coverage would include a specific policy covering one million dollars ($1,000,000) combined with an umbrella policy for an additional one million dollars ($1,000,000). If the deficient underlying policy is for a coverage area without aggregate limits (generally Automobile Liability and Employers’ Liability Accident), Contractor shall provide a copy of the umbrella insurance policy documents to ensure that no aggregate limit applies to the umbrella policy for that coverage area. In the event that an umbrella policy is being provided to achieve any required coverage amounts, the umbrella policy shall be accompanied by an endorsement at least as broad as the Insurance Services Office, Inc. (also known as “ISO”)

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“Noncontributory—Other Insurance Condition” endorsement or shall be written on a policy form that addresses both the primary and noncontributory basis of the umbrella policy if the State is otherwise named as an additional insured. Contractor shall provide the State a certificate of insurance (“COI”) evidencing the coverages and amounts specified in this Section. The COI must be on a form approved by the TDCI (standard ACORD form preferred). The COI must list each insurer’s National Association of Insurance Commissioners (NAIC) number and be signed by an authorized representative of the insurer. The COI must list the State of Tennessee – CPO Risk Manager, 312 Rosa L. Parks Ave., 3rd floor Central Procurement Office, Nashville, TN 37243 as the certificate holder. Contractor shall provide the COI ten (10) business days prior to the Effective Date and again thirty (30) calendar days before renewal or replacement of coverage. Contractor shall provide the State evidence that all subcontractors maintain the required insurance or that subcontractors are included under the Contractor’s policy. At any time, the State may require Contractor to provide a valid COI. The Parties agree that failure to provide evidence of insurance coverage as required is a material breach of this Contract. If Contractor self-insures, then a COI will not be required to prove coverage. Instead Contractor shall provide a certificate of self-insurance or a letter, on Contractor’s letterhead, detailing its coverage, policy amounts, and proof of funds to reasonably cover such expenses. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The State agrees that it shall give written notice to the Contractor as soon as practicable after the State becomes aware of any claim asserted or made against the State, but in no event later than thirty (30) calendar days after the State becomes aware of such claim. The failure of the State to give notice shall only relieve the Contractor of its obligations under this Section to the extent that the Contractor can demonstrate actual prejudice arising from the failure to give notice. This Section shall not grant the Contractor or its insurer, through its attorneys, the right to represent the State in any legal matter, as the right to represent the State is governed by Tenn. Code Ann. § 8-6-106.

The insurance obligations under this Contract shall be: (1)—all the insurance coverage and policy limits carried by the Contractor; or (2)—the minimum insurance coverage requirements and policy limits shown in this Contract; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and minimum required policy limits, which are applicable to a given loss, shall be available to the State. No representation is made that the minimum insurance requirements of the Contract are sufficient to cover the obligations of the Contractor arising under this Contract. The Contractor shall obtain and maintain, at a minimum, the following insurance coverages and policy limits.

a. Commercial General Liability (“CGL”) Insurance

1) The Contractor shall maintain CGL, which shall be written on an ISO Form CG 00 01 occurrence form (or a substitute form providing equivalent coverage) and shall cover liability arising from property damage, premises and operations products and completed operations, bodily injury, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

The Contractor shall maintain single limits not less than one million dollars ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this policy or location of occurrence or the general aggregate limit shall be twice the required occurrence limit.

b. Workers’ Compensation and Employer Liability Insurance

1) For Contractors statutorily required to carry workers’ compensation and employer liability insurance, the Contractor shall maintain:

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i. Workers’ compensation in an amount not less than one million dollars ($1,000,000) including employer liability of one million dollars ($1,000,000) per accident for bodily injury by accident, one million dollars ($1,000,000) policy limit by disease, and one million dollars ($1,000,000) per employee for bodily injury by disease.

2) If the Contractor certifies that it is exempt from the requirements of Tenn. Code

Ann. §§ 50-6-101 – 103, then the Contractor shall furnish written proof of such exemption for one or more of the following reasons:

i. The Contractor employs fewer than five (5) employees;

ii. The Contractor is a sole proprietor;

iii. The Contractor is in the construction business or trades with no employees;

iv. The Contractor is in the coal mining industry with no employees;

v. The Contractor is a state or local government; or

vi. The Contractor self-insures its workers’ compensation and is in compliance with the TDCI rules and Tenn. Code Ann. § 50-6-405.

c. Automobile Liability Insurance

1) The Contractor shall maintain automobile liability insurance which shall cover liability arising out of any automobile (including owned, leased, hired, and non-owned automobiles).

2) The Contractor shall maintain bodily injury/property damage with a limit not less than one million dollars ($1,000,000) per occurrence or combined single limit.

d. Professional Liability Insurance

1) Professional liability insurance shall be written on an occurrence basis or on a claims-made basis. If this coverage is written on a claims-made basis, then:

i. The retroactive date must be shown, and must be on or before the earlier of the Effective Date of the Contract or the beginning of Contract work or provision of goods and services;

ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) full years from the date of the final Contract payment; and

iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date on or prior to the Contract Effective Date, the Contractor must purchase “extended reporting” or “tail coverage” for a minimum of five (5) full years from the date of the final Contract payment.

2) Any professional liability insurance policy shall have a limit not less than one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate; and

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3) If the Contract involves the provision of services by medical professionals, a policy limit not less than three million ($3,000,000) per claim and three million dollars ($3,000,000) in the aggregate for medical malpractice insurance.

e. Technology Professional Liability (Errors & Omissions)/Cyber Liability Insurance

1) The Contractor shall maintain technology professional liability (errors & omissions)/cyber liability insurance appropriate to the Contractor’s profession in an amount not less than ten million dollars ($10,000,000) per occurrence or claim and ten million dollars ($10,000,000) annual aggregate, covering all acts, claims, errors, omissions, negligence, infringement of intellectual property (including copyright, patent and trade secret); network security and privacy risks, including but not limited to unauthorized access, failure of security, information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties.

2) Such coverage shall include data breach response expenses, in an amount not

less than ten million dollars ($10,000,000) and payable whether incurred by the State or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services and expenses in the performance of services for the State or on behalf of the State hereunder.

f. Crime Insurance

1) The Contractor shall maintain crime insurance, which shall be written on a “loss sustained form” or “loss discovered form” providing coverage for third party fidelity, including cyber theft and extortion. The policy must allow for reporting of circumstances or incidents that may give rise to future claims, include an extended reporting period of no less than two (2) years with respect to events which occurred but were not reported during the term of the policy, and not contain a condition requiring an arrest or conviction.

Any crime insurance policy shall have a limit not less than one million dollars ($1,000,000) per claim and one million dollars ($1,000,000) in the aggregate. Any crime insurance policy shall contain a Social Engineering Fraud Endorsement with a limit of not less than two hundred and fifty thousand ($250,000). This insurance may be written on a claims-made basis, but in the event that coverage is cancelled or non-renewed, the Contractor shall purchase an extended reporting or “tail coverage” of at least two (2) years after the Term.

D.33. Major Procurement Contract Sales and Use Tax. Pursuant to Tenn. Code Ann. § 4-39-102 and

to the extent applicable, the Contractor and the Contractor’s subcontractors shall remit sales and use taxes on the sales of goods or services that are made by the Contractor or the Contractor’s subcontractors and that are subject to tax.

D.34. Confidentiality of Records. Strict standards of confidentiality of records and information shall be

maintained in accordance with applicable state and federal law. All material and information, regardless of form, medium or method of communication, provided to the Contractor by the State or acquired by the Contractor on behalf of the State that is regarded as confidential under state or federal law shall be regarded as “Confidential Information.” Nothing in this Section shall permit Contractor to disclose any Confidential Information, regardless of whether it has been disclosed or made available to the Contractor due to intentional or negligent actions or inactions of agents of the State or third parties. Confidential Information shall not be disclosed except as required or permitted under state or federal law. Contractor shall take all necessary steps to safeguard the

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confidentiality of such material or information in conformance with applicable state and federal law.

The obligations set forth in this Section shall survive the termination of this Contract.

E. SPECIAL TERMS AND CONDITIONS: E.1. Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with

any other terms and conditions of this Contract, the special terms and conditions shall be subordinate to the Contract’s other terms and conditions.

E.2. State Ownership of Goods. The State shall have ownership, right, title, and interest in all goods provided by Contractor under this Contract including full rights to use the goods and transfer title in the goods to any third parties. E.3. Additional lines, items, or options. At its sole discretion, the State may make written requests to

the Contractor to add lines, items, or options that are needed and within the Scope but were not included in the original Contract. Such lines, items, or options will be added to the Contract through a Memorandum of Understanding (“MOU”), not an amendment.

a. After the Contractor receives a written request to add lines, items, or options, the

Contractor shall have ten (10) business days to respond with a written proposal. The Contractor’s written proposal shall include: (1) The effect, if any, of adding the lines, items, or options on the other goods or

services required under the Contract; (2) Any pricing related to the new lines, items, or options; (3) The expected effective date for the availability of the new lines, items, or options;

and (4) Any additional information requested by the State.

b. The State may negotiate the terms of the Contractor’s proposal by requesting revisions to

the proposal. c. To indicate acceptance of a proposal, the State will sign it. The signed proposal shall

constitute a MOU between the Parties, and the lines, items, or options shall be incorporated into the Contract as if set forth verbatim.

d. Only after a MOU has been executed shall the Contractor perform or deliver the new lines, items, or options.

E.4. Intellectual Property Indemnity. The Contractor agrees to indemnify and hold harmless the State

of Tennessee as well as its officers, agents, and employees from and against any and all claims or suits which may be brought against the State concerning or arising out of any claim of an alleged patent, copyright, trade secret or other intellectual property infringement. In any such claim or action brought against the State, the Contractor shall satisfy and indemnify the State for the amount of any settlement or final judgment, and the Contractor shall be responsible for all legal or other fees or expenses incurred by the State arising from any such claim. The State shall give the Contractor notice of any such claim or suit, however, the failure of the State to give such notice shall only relieve Contractor of its obligations under this Section to the extent Contractor can demonstrate actual prejudice arising from the State’s failure to give notice. This Section shall not grant the Contractor, through its attorneys, the right to represent the State of Tennessee in any legal matter, as provided in Tenn. Code Ann. § 8-6-106.

In addition to the above indemnity, if the State’s use of any deliverable, or any portion thereof, provided under this Contract, is or is likely to be enjoined by order of a court of competent jurisdiction

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as such an infringement or unauthorized use, the Contractor, at its expense, shall: (x) procure for the State the continued use of such deliverable; (y) replace such deliverable with a non-infringing counterpart; or (z) modify such deliverable so it becomes non-infringing; provided that, if (y) or (z) is the option chosen by the Contractor, the replacement or modified deliverable must be capable of performing substantially the same function. Notwithstanding the foregoing, the State retains the right to terminate the Contract in accordance with Section D.6 hereunder in the event of such infringement or unauthorized use, and any such exercise of these allowable options by Contractor shall not relieve Contractor of its indemnity obligations under this Section.

The forgoing indemnity does not apply to the extent that the infringement arises from the State’s: (i) use of the deliverable not in accordance with instructions, documentations, or specifications (“Misuse”); (ii) alteration, modification or revision of the Deliverables not expressly authorized by the Contractor (“Alteration”); (iii) failure to use or implement corrections or enhancements to the Deliverables made available by the Contractor to the State at no additional cost to the State, except where such failure to use or implement corrections or enhancements is a result of State’s termination in accordance with the preceding paragraph; or (iv) combination of the Deliverables with materials not provided, specified, or approved by the Contractor.

E.5. Software License Warranty. Contractor grants a license to the State to use all software provided under this Contract in the course of the State’s business and purposes. E.6. Software Support and Maintenance Warranty. Contractor shall provide to the State all software upgrades, modifications, bug fixes, or other improvements in its software that it makes generally available to its customers. E.7. Extraneous Terms and Conditions. Contractor shall fill all orders submitted by the State under

this Contract. No purchase order, invoice, or other documents associated with any sales, orders, or supply of any good or service under this Contract shall contain any terms or conditions other than as set forth in the Contract. Any such extraneous terms and conditions shall be void, invalid and unenforceable against the State. Any refusal by Contractor to supply any goods or services under this Contract conditioned upon the State submitting to any extraneous terms and conditions shall be a material breach of the Contract and constitute an act of bad faith by Contractor.

E.8. Transfer of Ownership of Custom Software Developed for the State.

a. Definitions. (1) “Contractor-Owned Software,” shall mean commercially available software the

rights to which are owned by Contractor, including but not limited to commercial “off-the-shelf” software which is not developed using State’s money or resources.

(2) “Custom-Developed Application Software,” shall mean customized application

software developed by Contractor for the State under this Contract intended to function with the Contractor-Owned Software or any Work Product provided under this Contract.

(3) “Rights Transfer Application Software,” shall mean any pre-existing application

software and documentation owned or supplied by Contractor or a third party necessary for the use, functioning, support, or maintenance of the Contractor-Owned Software, the Custom-Developed Application Software, Third Party Software, and any Work Product provided to State.

(4) “Third-Party Software,” shall mean software supplied by Contractor under this

Contract or necessary for the functioning of any Work Product not owned by the State or the Contractor.

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(5) “Work Product,” shall mean all deliverables such as software, software source code, documentation, planning, etc., that are created, designed, developed, or documented by the Contractor for the State under this Contract. Work Product shall include Rights Transfer Application Software.

b. Rights and Title to the Software

(1) All right, title and interest in and to the Contractor-Owned Software shall at all times remain with Contractor, subject to any license or transfer of rights or ownership granted under this Contract. Contractor grants the State a perpetual non-exclusive license to the Contractor-Owned Software to be used solely with the Custom-Developed Application Software and the Work Product.

(2) Contractor shall provide the source code in the Custom-Developed Application

Software, Work Product and the Contractor-Owned Software, with all subsequent modifications, enhancements, bug-fixes or any other changes in the source code of the Work Product and the Contractor-Owned Software and all other code and documentation necessary for the Custom-Developed Application Software to be installed and function as intended and as set forth in this Contract, to the State.

(3) Contractor may lease or sell the Custom-Developed Application Software to third

parties with the written permission of the State, which permission may be conditioned on the State receiving royalties from such sales or licenses.

(4) All right, title and interest in and to the Custom-Developed Application Software,

and to modifications thereof made by State, including without limitation all copyrights, patents, trade secrets and other intellectual property and other proprietary rights embodied by and arising out of the Custom-Developed Application Software, shall belong to State. To the extent such rights do not automatically belong to State, Contractor hereby assigns, transfers, and conveys all right, title and interest in and to the Custom-Developed Application Software, including without limitation the copyrights, patents, trade secrets, and other intellectual property rights arising out of or embodied by the Custom-Developed Application Software. Contractor and its employees, agents, contractors or representatives shall execute any other documents that State or its counsel deem necessary or desirable to document this transfer or allow State to register its claims and rights to such intellectual property rights or enforce them against third parties.

(5) All right, title and interest in and to the Third-Party Software shall at all times

remain with the third party, subject to any license or other rights granted to the State under this Contract or otherwise.

c. The Contractor may use for its own purposes the general knowledge, skills, experience,

ideas, concepts, know-how, and techniques obtained and used during the course of performing under this Contract. The Contractor may develop for itself, or for others, materials which are similar to or competitive with those that are produced under this Contract.

E.9. Contractor Hosted Services Confidential Data, Audit, and Other Requirements

a. “Confidential State Data” is defined as data deemed confidential by State or Federal

statute or regulation. The Contractor shall protect Confidential State Data as follows:

(1) The Contractor shall ensure that all Confidential State Data is housed in the

continental United States, inclusive of backup data.

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(2) The Contractor shall encrypt Confidential State Data at rest and in transit using the current version of Federal Information Processing Standard (“FIPS”) 140-2 validated encryption technologies.

(3) The Contractor and the Contractor’s processing environment containing

Confidential State Data shall either (1) be in accordance with at least one of the following security standards: (i) International Standards Organization (“ISO”) 27001; (ii) Federal Risk and Authorization Management Program (“FedRAMP”); or (2) be subject to an annual engagement by a CPA firm in accordance with the standards of the American Institute of Certified Public Accountants (“AICPA”) for a System and Organization Controls for service organizations (“SOC”) Type II audit. The State shall approve the SOC audit control objectives. The Contractor shall provide proof of current ISO certification or FedRAMP authorization for the Contractor and Subcontractor(s), or provide the State with the Contractor’s and Subcontractor’s annual SOC Type II audit report within 30 days from when the CPA firm provides the audit report to the Contractor or Subcontractor. The Contractor shall submit corrective action plans to the State for any issues included in the audit report within 30 days after the CPA firm provides the audit report to the Contractor or Subcontractor.

If the scope of the most recent SOC audit report does not include all of the

current State fiscal year, upon request from the State, the Contractor must provide to the State a letter from the Contractor or Subcontractor stating whether the Contractor or Subcontractor made any material changes to their control environment since the prior audit and, if so, whether the changes, in the opinion of the Contractor or Subcontractor, would negatively affect the auditor’s opinion in the most recent audit report.

No additional funding shall be allocated for these certifications, authorizations, or audits as these are included in the Maximum Liability of this Contract.

(4) The Contractor must annually perform Penetration Tests and Vulnerability

Assessments against its Processing Environment. “Processing Environment” shall mean the combination of software and hardware on which the Application runs. “Application” shall mean the computer code that supports and accomplishes the State’s requirements as set forth in this Contract. “Penetration Tests” shall be in the form of attacks on the Contractor’s computer system, with the purpose of discovering security weaknesses which have the potential to gain access to the Processing Environment’s features and data. The “Vulnerability Assessment” shall be designed and executed to define, identify, and classify the security holes (vulnerabilities) in the Processing Environment. The Contractor shall allow the State, at its option, to perform Penetration Tests and Vulnerability Assessments on the Processing Environment.

(5) Upon State request, the Contractor shall provide a copy of all Confidential

State Data it holds. The Contractor shall provide such data on media and in a format determined by the State.

(6) Upon termination of this Contract and in consultation with the State, the

Contractor shall destroy all Confidential State Data it holds (including any copies such as backups) in accordance with the current version of National Institute of Standards and Technology (“NIST”) Special Publication 800-88. The Contractor shall provide a written confirmation of destruction to the State within ten (10) business days after destruction.

b. Minimum Requirements

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(1) The Contractor and all data centers used by the Contractor to host State

data, including those of all Subcontractors, must comply with the State’s Enterprise Information Security Policies as amended periodically. The State’s Enterprise Information Security Policies document is found at the following URL:

https://www.tn.gov/finance/strategic-technology-solutions/strategic-technology-solutions/sts-security-policies.html.

(2) The Contractor agrees to maintain the Application so that it will run on a

current, manufacturer-supported Operating System. “Operating System” shall mean the software that supports a computer's basic functions, such as scheduling tasks, executing applications, and controlling peripherals.

(3) If the Application requires middleware or database software, Contractor

shall maintain middleware and database software versions that are at all times fully compatible with current versions of the Operating System and Application to ensure that security vulnerabilities are not introduced.

c. Comptroller Audit Requirements

Upon reasonable notice and at any reasonable time, the Contractor and Subcontractor(s) agree to allow the State, the Comptroller of the Treasury, or their duly appointed representatives to perform information technology control audits of the Contractor and all Subcontractors used by the Contractor. Contractor will maintain and cause its Subcontractors to maintain a complete audit trail of all transactions and activities in connection with this Contract. Contractor will provide to the State, the Comptroller of the Treasury, or their duly appointed representatives access to Contractor and Subcontractor(s) personnel for the purpose of performing the information technology control audit.

The information technology control audit may include a review of general controls and application controls. General controls are the policies and procedures that apply to all or a large segment of the Contractor’s or Subcontractor’s information systems and applications and include controls over security management, access controls, configuration management, segregation of duties, and contingency planning. Application controls are directly related to the application and help ensure that transactions are complete, accurate, valid, confidential, and available. The audit shall include the Contractor’s and Subcontractor’s compliance with the State’s Enterprise Information Security Policies and all applicable requirements, laws, regulations or policies. The audit may include interviews with technical and management personnel, physical inspection of controls, and review of paper or electronic documentation. For any audit issues identified, the Contractor and Subcontractor(s) shall provide a corrective action plan to the State within thirty (30) days from the Contractor or Subcontractor receiving the audit report. Each party shall bear its own expenses incurred while conducting the information technology controls audit.

d. Business Continuity Requirements. The Contractor shall maintain set(s) of documents, instructions, and procedures which enable the Contractor to respond to accidents, disasters, emergencies, or threats without any stoppage or hindrance in its key operations (“Business Continuity Requirements”). Business Continuity Requirements shall include:

https://www.tn.gov/finance/strategic-technology-solutions/strategic-technology-solutions/sts-security-policies.html

https://www.tn.gov/finance/strategic-technology-solutions/strategic-technology-solutions/sts-security-policies.html

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(1) “Disaster Recovery Capabilities” refer to the actions the Contractor takes to

meet the Recovery Point and Recovery Time Objectives defined below. Disaster Recovery Capabilities shall meet the following objectives:

i. Recovery Point Objective (“RPO”). The RPO is defined as the maximum targeted period in which data might be lost from an IT service due to a major incident: 15 minutes

ii. Recovery Time Objective (“RTO”). The RTO is defined as the targeted duration of time and a service level within which a business process must be restored after a disaster (or disruption) in order to avoid unacceptable consequences associated with a break in business continuity: 12 hours for critical systems

The Contractor and the Subcontractor(s) shall perform at least one Disaster Recovery Test every three hundred sixty-five (365) days. A “Disaster Recovery Test” shall mean the process of verifying the success of the restoration procedures that are executed after a critical IT failure or disruption occurs. The Disaster Recovery Test shall use actual State Data Sets that mirror production data, and success shall be defined as the Contractor verifying that the Contractor can meet the State’s RPO and RTO requirements. A “Data Set” is defined as a collection of related sets of information that is composed of separate elements but can be manipulated as a unit by a computer. The Contractor shall provide written confirmation to the State after each Disaster Recovery Test that its Disaster Recovery Capabilities meet the RPO and RTO requirements.

E. 10. Family Educational Rights and Privacy Act & Tennessee Data Accessibility, Transparency and

Accountability Act. The Contractor shall comply with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232(g)) and its accompanying regulations (34 C.F.R. § 99) (“FERPA”). The Contractor warrants that the Contractor is familiar with FERPA requirements and that it will comply with these requirements in the performance of its duties under this Contract. The Contractor agrees to cooperate with the State, as required by FERPA, in the performance of its duties under this Contract. The Contractor agrees to maintain the confidentiality of all education records and student information. The Contractor shall only use such records and information for the exclusive purpose of performing its duties under this Contract. The obligations set forth in this Section shall survive the termination of this Contract.

The Contractor shall also comply with Tenn. Code Ann. § 49-1-701, et seq., known as the “Data Accessibility, Transparency and Accountability Act,” and any accompanying administrative rules or regulations (collectively “DATAA”). The Contractor agrees to maintain the confidentiality of all records containing student and de-identified data, as this term is defined in DATAA, in any databases, to which the State has granted the Contractor access, and to only use such data for the exclusive purpose of performing its duties under this Contract.

Any instances of unauthorized disclosure of data containing personally identifiable information in violation of FERPA or DATAA that come to the attention of the Contractor shall be reported to the State within twenty-four (24) hours. Contractor shall indemnify and hold harmless State, its employees, agents and representatives, from and against any and all claims, liabilities, losses, or causes of action that may arise, accrue, or result to any person or entity that is injured or damaged as a result of Contractor’s failure to comply with this section.

E.11. State Furnished Property. The Contractor shall be responsible for the correct use,

maintenance, and protection of all articles of nonexpendable, tangible personal property furnished by the State for the Contractor’s use under this Contract. Upon termination of this Contract, all property furnished by the State shall be returned to the State in the same condition as when received, less ordinary wear and tear. Should the property be destroyed,

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lost, or stolen, the Contractor shall be responsible to the State for the fair market value of the property at the time of loss.

E.12. Prohibited Advertising or Marketing. The Contractor shall not suggest or imply in advertising or

marketing materials that Contractor's goods or services are endorsed by the State. The restrictions on Contractor advertising or marketing materials under this Section shall survive the termination of this Contract.

E.13. Contractor Commitment to Diversity. The Contractor shall comply with and make reasonable

business efforts to exceed the commitment to diversity represented by the Contractor’s Response to RFP #33501-215002 (Attachment D) and resulting in this Contract. The Contractor shall assist the State in monitoring the Contractor’s performance of this commitment by providing, as requested, a monthly report of participation in the performance of this Contract by small business enterprises and businesses owned by minorities, women, service-disabled veterans, and persons with disabilities. Such reports shall be provided to the State of Tennessee Governor's Office of Diversity Business Enterprise in the TN Diversity Software available online at: https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810.

E. 14. Performance Bond. The Contractor shall provide to the State a performance bond guaranteeing

full and faithful performance of all undertakings and obligations under this Contract specifically faithful performance of the work in accordance with the plans, specifications, and Contract documents. The Contractor shall submit the bond no later than the day immediately preceding the Effective Date and in the manner and form prescribed by the State at Attachment F. The bond shall be issued by a company licensed to issue such a bond in the state of Tennessee. The performance bond shall guarantee full and faithful performance of all undertakings and obligations under this Contract for the first year of the Term in the amount of twenty-five percent (25%) of the Maximum Liability Written Dollar Amount ($ Number) and, thereafter, a new performance bond in an amount of one hundred percent (100%) of the Maximum Liability, Written Dollar Amount ($Number) covering each subsequent year of the Term, including any renewals or extensions. The State reserves the right to review the bond amount and bonding requirements at any time during the Term. The Contractor shall provide performance bonds to the State prior to the Effective Date and thirty (30) days prior to the beginning of each renewal or extended Term.

Failure to provide to the State the performance bond(s) as required under this Contract may result in this Contract being terminated by the State. The performance bond required under this Contract shall not be reduced during the Term without the State’s prior written approval. E.15. Payment Bond. The Contractor shall provide to the State a payment bond guaranteeing that the Contractor’s subcontractors, laborers, and material suppliers will be paid for performance under this Contract with the additional obligation that such contractor shall promptly make payment of all taxes, licenses, assessments, contributions, penalties, and interest. The payment bond will be in an amount equal to twenty-five percent (25%) of the Maximum Liability Written Dollar Amount ($ Number). The State reserves the right to review the bond amount and bonding requirements at any time during the Term. The Contractor shall submit the bond no later than the day immediately preceding the Effective Date and in the manner and form prescribed by the State at Attachment G. The bond shall be issued by a company licensed to issue such a bond in the State of Tennessee. The payment bond shall guarantee that the Contractor’s subcontractors, laborers, and material suppliers will be paid for performance during the Term and all extensions or renewals of the Contract. Failure to provide to the State the payment bond as required under this Contract may result in this Contract being terminated by the State. The payment bond required under this Contract shall not

https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810

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be reduced during the Term without the State of Tennessee Central Procurement Office’s prior written approval. E.16. Partial Takeover of Contract. The State may, at its convenience and without cause, exercise a

partial takeover of any service that the Contractor is obligated to perform under this Contract, including any service which is the subject of a subcontract between Contractor and a third party (a “Partial Takeover”). A Partial Takeover of this Contract by the State shall not be deemed a breach of contract. The Contractor shall be given at least thirty (30) days prior written notice of a Partial Takeover. The notice shall specify the areas of service the State will assume and the date the State will be assuming. The State’s exercise of a Partial Takeover shall not alter the Contractor’s other duties and responsibilities under this Contract. The State reserves the right to withhold from the Contractor any amounts the Contractor would have been paid but for the State’s exercise of a Partial Takeover. The amounts shall be withheld effective as of the date the State exercises its right to a Partial Takeover. The State’s exercise of its right to a Partial Takeover of this Contract shall not entitle the Contractor to any actual, general, special, incidental, consequential, or any other damages irrespective of any description or amount.

E.17. Personally Identifiable Information. While performing its obligations under this Contract,

Contractor may have access to Personally Identifiable Information held by the State (“PII”). For the purposes of this Contract, “PII” includes “Nonpublic Personal Information” as that term is defined in Title V of the Gramm-Leach-Bliley Act of 1999 or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time (“GLBA”) and personally identifiable information and other data protected under any other applicable laws, rule or regulation of any jurisdiction relating to disclosure or use of personal information (“Privacy Laws”). Contractor agrees it shall not do or omit to do anything which would cause the State to be in breach of any Privacy Laws. Contractor shall, and shall cause its employees, agents and representatives to: (i) keep PII confidential and may use and disclose PII only as necessary to carry out those specific aspects of the purpose for which the PII was disclosed to Contractor and in accordance with this Contract, GLBA and Privacy Laws; and (ii) implement and maintain appropriate technical and organizational measures regarding information security to: (A) ensure the security and confidentiality of PII; (B) protect against any threats or hazards to the security or integrity of PII; and (C) prevent unauthorized access to or use of PII. Contractor shall immediately notify State: (1) of any disclosure or use of any PII by Contractor or any of its employees, agents and representatives in breach of this Contract; and (2) of any disclosure of any PII to Contractor or its employees, agents and representatives where the purpose of such disclosure is not known to Contractor or its employees, agents and representatives. The State reserves the right to review Contractor's policies and procedures used to maintain the security and confidentiality of PII and Contractor shall, and cause its employees, agents and representatives to, comply with all reasonable requests or directions from the State to enable the State to verify or ensure that Contractor is in full compliance with its obligations under this Contract in relation to PII. Upon termination or expiration of the Contract or at the State’s direction at any time in its sole discretion, whichever is earlier, Contractor shall immediately return to the State any and all PII which it has received under this Contract and shall destroy all records of such PII.

The Contractor shall report to the State any instances of unauthorized access to or potential disclosure of PII in the custody or control of Contractor (“Unauthorized Disclosure”) that come to the Contractor’s attention. Any such report shall be made by the Contractor within twenty-four (24) hours after the Unauthorized Disclosure has come to the attention of the Contractor. Contractor shall take all necessary measures to halt any further Unauthorized Disclosures. The Contractor, at the sole discretion of the State, shall provide no cost credit monitoring services for individuals whose PII was affected by the Unauthorized Disclosure. The Contractor shall bear the cost of notification to all individuals affected by the Unauthorized Disclosure, including individual letters and public notice. The remedies set forth in this Section are not exclusive and are in addition to any claims or remedies available to this State under this Contract or otherwise available at law. The obligations set forth in this Section shall survive the termination of this Contract.

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E.18. Survival. The terms, provisions, representations, and warranties contained in this Contract which by their sense and context are intended to survive the performance and termination of this Contract, shall so survive the completion of performance and termination of this Contract.

E.19. Liens, Encumbrances, and Title. The Contractor owns and has good and marketable title to, and

legal ownership of the goods, free and clear of any and all liens, security interests, pledges, mortgages, charges, limitations, claims, restrictions, rights of first refusal, rights of first offer, rights of first negotiation or other encumbrances of any kind or nature (collectively, “Encumbrances”). Upon delivery, without exception, the State will acquire from the Contractor legal and beneficial ownership of, good and marketable title to, and all rights to the goods to be sold to the State by the Contractor, free and clear of all Encumbrances. The Contractor shall, within ten (10) days after delivery deliver to the State if required by applicable law to establish or show evidence of ownership, any and all documents or certificates required to establish or show evidence of the State’s ownership in the goods.

CONTRACTOR LEGAL ENTITY NAME:

CONTRACTOR SIGNATURE DATE

PRINTED NAME AND TITLE OF CONTRACTOR SIGNATORY (above)

TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE:

CARTER LAWRENCE, COMMISSIONER DATE

ATTACHMENT A Definitions

Acronym Term Definition

3GPP 3rd Generation Partnership Project

An umbrella term for a number of standards organizations which develop protocols for mobile telecommunications.

3GPP2 3rd Generation Partnership Project 2

The standard body behind the competing 3G tandard CDMA2000 that is the 3G upgrade to cdmaOne networks used mostly in the United States.

Access to Technical Staff

The time of day technicians are available to provide support remotely and/or onsite.

ACD Automatic Call Distribution (Distributor)

Equipment that automatically distributes incoming calls to available PSAP attendants in the order the calls are received, or queues calls until an attendant becomes available.

ADR Additional Data Repositories

A data storage facility for Additional Data. It replaces and deprecates the concept of CIDB (Call Information Database). Ref: NENA-STA-010, Detailed Functional and Interface Standards for the NENA i3 Solution

ACL Access Control List A security mechanism used to allow or deny access to either computing or networking systems (e.g., access through a firewall).

ADR Additional Data Repository

A data storage facility for data that further describe the nature of how the call was placed, the person(s) associated with the device placing the call, or the location the call was placed from. There are three types of Additional Data: Additional Data for the Call, Additional Data for the Caller and Additional Data for the Location.

AES Advanced Encryption Standard

A Federal Information Processing Standard (FIPS) approved cryptographic algorithm that is used to protect electronic data.

AI Artificial Intelligence

The theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages.

ALI Automatic Location Identification

Tabular reference for the current 911 system. Defines destination PSAP for every landline telephone number and cellular tower.

ANI Automatic Number Identification

Telephone number (TN) associated with the access line from which a call originates

ANSI American National Standards Institute

Entity that coordinates the development and use of voluntary consensus standards in the United States and represents the needs and views of U.S. stakeholders in standardization forums around the globe. www.ansi.org

APCO Association of Public Safety Communications Officials

The world’s oldest and largest organization of public safety communications professionals providing complete public safety communications expertise, professional development, technical assistance, advocacy and outreach to its members and the public.

https://en.wikipedia.org/wiki/CDMA2000

https://en.wikipedia.org/wiki/CdmaOne

https://www.nena.org/page/i3_Stage3

https://www.nena.org/page/i3_Stage3

http://www.ansi.org/

https://www.apcointl.org/




API Application Programming Interfaces

A set of routines, protocols, and tools for building software applications. The API specifies how software components should interact and APIs may be used when programming graphical user interface (GUI) components.

ASAP Automated Secure Alarm Protocol

The Automated Secure Alarm Protocol (ASAP) is a national service that is the next generation for the processing of information from alarm monitoring stations needing emergency dispatch. It involves sending information from alarm monitoring companies through a secure delivery method directly to a PSAP’s or ECC’s CAD System.

ATIS Alliance for Telecommunications Industry Solutions

A U.S.-based organization that is committed to rapidly developing and promoting technical and operations standards for the communications and related information technologies industry worldwide using a pragmatic, flexible and open approach. www.atis.org

ATP Acceptance Test Plan

An Acceptance Test Plan (ATP) describes the acceptance testing process, such as the features to be tested, pass/fail criteria, approach to testing, checklists, roles and responsibilities, resource requirements and schedules.

BCF Border Control Function

Provides a secure entry into the ESInet for emergency calls presented to the network. The BCF incorporates firewall, admission control, and may include anchoring of session and media as well as other security mechanisms to prevent deliberate or malicious attacks on PSAPs or other entities connected to the ESInet.

BFD Bidirectional Forwarding Detection

The Bidirectional Forwarding Detection (BFD) protocol is a simple mechanism that detects failures in a network and works in a wide variety of network environments and topologies. In BFD operation, switches exchanges BFD hello packets at a specified interval and detect a neighbor failure if they do not receive a reply after a specified interval.

CAD Computer-Aided Dispatch

A computer-based system that aids PSAP telecommunicators by automating selected dispatching and record-keeping activities

CALEA Communications Assistance for Law Enforcement Act

The U.S. Congress passed the Communications Assistance for Law Enforcement Act (CALEA) to aid law enforcement in its effort to conduct surveillance of citizens via digital telephone networks. The Act obliges telephone companies to make it possible for law enforcement agencies to tap any phone conversations carried out over its networks, as well as making call detail records available. The act also stipulates that it must not be possible for a person to detect that his or her conversation is being monitored by the respective government agency.

CAS Call-Associated Signaling

A method for delivery of wireless 9-1-1 calls that allows for the device position or location information to be delivered to the emergency services network in the call signaling as part of the call setup information. With CAS, the originating network pushes the position information to an Emergency Services Network Entity (ESNE). Also known as: Call Path Associated Signaling.

http://www.atis.org/


CD-R Compact Disc-Recordable

A digital optical disc storage format. A CD-R disc is a compact disc that can be written once and read arbitrarily many times.

CHaaS Call-Handling-as-a-Service

Call Handling Equipment provided as a service and delivered over the ESInet as opposed to a capital purchase in an own/operate model.

CHE Call Handling Equipment

The PSAP equipment needed to manage and handle the details of all communication from the caller. It includes the interfaces, devices and applications utilized by the Agents to handle the call.

CID Caller ID

A telephone service, available in analog and digital telephone systems, including voice over IP (VoIP), that transmits a caller's telephone number to the called party's telephone equipment when the call is being set up.

CJIS Criminal Justice Information Services

Serves as the focal point and central repository for criminal justice information services in the FBI. Programs initially consolidated under the CJIS Division included the National Crime Information Center (NCIC), Uniform Crime Reporting (UCR), and Fingerprint Identification. In addition, responsibility for several ongoing technological initiatives was transferred to the CJIS Division, including the Integrated Automated Fingerprint Identification System (IAFIS), NCIC 2000, and the National Incident-Based Reporting System (NIBRS). https://www.fbi.gov/about-us/cjis

CLEC Competitive Local Exchange Carrier See “Local Exchange Carrier”

CO Central Office The Local Exchange Carrier facility where access lines are connected to switching equipment for connection to the Public Switched Telephone Network.

COI Certificate of Insurance

A certificate of insurance (COI) is issued by an insurance company or broker. ... For example, a standard COI lists the policyholder's name, policy effective date, the type of coverage, policy limits, and other important details of the policy.

COOP Continuity of Operations Plan

A Continuity of Operations Plan (COOP) will document how the organization, division or department will perform essential operations during an emergency situation.

CPE Customer Premises Equipment

Communications or terminal equipment located in the customer’s facilities. (The 9-1-1 telephone equipment at the PSAP.)

CPN Calling Party’s Number The call back number associated with a wireless telephone. The CPN may also be the MDN, MIN, a temporary call back number, a tracking number or ID number and may not support call back in all cases.

CPO Central Procurement Office

Central Procurement Office means the State office established and empowered by Tenn. Code Ann. § 4-56-104.

CPU Central Processing Unit The part of a computer in which operations are controlled and executed.

CSAA Central Station Alarm Association

The CSAA, which historically monitored only fire and burglar alarms, is now known as The Monitoring Association, and now also monitors medical devices, access control and other non-emergency events.

https://en.wikipedia.org/wiki/Digital_media

https://en.wikipedia.org/wiki/Optical_disc

https://en.wikipedia.org/wiki/Data_storage_device

https://en.wikipedia.org/wiki/Compact_disc

https://en.wikipedia.org/wiki/Compact_disc

https://en.wikipedia.org/wiki/Write_once_read_many

https://en.wikipedia.org/wiki/Voice_over_IP

https://en.wikipedia.org/wiki/Caller_(telecommunications)

https://en.wikipedia.org/wiki/Called_party

https://www.fbi.gov/about-us/cjis


The Association advances the professional monitoring industry through education, advocacy and public safety relationships.

CSRIC Communications Security, Reliability and Interoperability Council

An advisory body of the FCC, formerly known as NRIC (Network Reliability and Interoperability Council), which provides recommendations to the FCC to ensure, among other things, optimal security, and reliability of communications systems, including telecommunications, media, and public safety. https://www.fcc.gov/about-fcc/advisorycommittees/communications-security-reliability-andinteroperability-1

CSV Comma-Separated Values

A comma-separated values (CSV) file is a delimited text file that uses a comma to separate values. Each line of the file is a data record.

DBMS Database Management System

A system of manual procedures and computer programs used to create, store and update the data required to provide Selective Routing and/or Automatic Location Identification for E9-1-1 systems. Also known as: DMS

DDoS Distributed Denial of Service

A cyber-attack where the attack source is more than one, often thousands of, unique IP addresses. A DDoS attack occurs when multiple systems flood the bandwidth or resources of a targeted system, usually one or more web servers. Such an attack is often the result of multiple compromised systems (for example a botnet) flooding the targeted system with traffic.

DHCP Dynamic Host Configuration Protocol

An Internet protocol for automating the configuration of computers that use TCP/IP. DCHP can be used to automatically assign IP addresses, to deliver TCP/IP stack configuration parameters such as the subnet mask and default router, and to provide other configuration information such as the addresses for printer, time and news servers.

DNS Domain Name Server An Internet service that translates domain names into IP addresses.

DOJ Department of Justice A branch of the United States Federal Government legislated to oversee compliance of Title II of the ADA.

DR Disaster Recovery The process of resuming normal operations following a disaster by regaining access to data, hardware, software, networking equipment, power, and connectivity.

DRM Data Rights Management

Wherever data that might be considered sensitive, which in 9-1-1 is nearly all data, should be subject to data rights management. This involves careful consideration of agent roles, and construction of the DRM rule sets, secure credential handling and appropriate handling of errors and alarms.

DS1 Digital Signal 1

Digital Signal 1 (DS1, sometimes DS-1) is a T-carrier signaling scheme devised by Bell Labs. DS1 is the primary digital telephone standard used in the United States, Canada and Japan and is able to transmit up to 24 multiplexed voice and data calls over telephone lines. E-carrier is used in place of T-carrier outside the United States, Canada, Japan, and South Korea. DS1 is the logical bit pattern used over a physical T1 line; in practice, the terms "DS1" and "T1" are often used interchangeably.

https://www.fcc.gov/about-fcc/advisorycommittees/communications-security-reliability-andinteroperability-1

https://www.fcc.gov/about-fcc/advisorycommittees/communications-security-reliability-andinteroperability-1

https://en.wikipedia.org/wiki/T-carrier

https://en.wikipedia.org/wiki/Bell_Labs

https://en.wikipedia.org/wiki/United_States

https://en.wikipedia.org/wiki/Canada

https://en.wikipedia.org/wiki/Japan

https://en.wikipedia.org/wiki/Time-division_multiplexing

https://en.wikipedia.org/wiki/E-carrier

https://en.wikipedia.org/wiki/T-carrier


DSCP Differentiated Services Code Point

A means of classifying and managing network traffic and of providing quality of service (QoS) in modern Layer 3 IP networks. It uses the 6-bit Differentiated Services (DS) field in the IP header for the purpose of packet classification.

Dsig Digital Signature A type of electronic signature that encrypts documents with digital codes that are particularly difficult to duplicate.

DTMF Dual-Tone Multi-Frequency

The transmission of a selected number or symbol (*, #) via the generation of a specific pair of tones when that number’s or symbol’s button on a push button telephone is pressed. The tones are audible and transmitted within the voice band. Also known as: Touch-Tone TM

E911 Enhanced 911

A telephone system which includes network switching, database and Public Safety Answering Point premise elements capable of providing automatic location identification data, selective routing, selective transfer, fixed transfer, and a call back number. The term also includes any enhanced 9-1-1 service so designated by the Federal Communications Commission in its Report and Order in WC Docket Nos. 04-36 and 05-196, or any successor proceeding.

ECaTS Emergency Call Tracking System

An online reporting service for emergency call data that is CPE-agnostic, operating with telephone equipment from a variety of manufacturers.

ECC Emergency Communications Center

A facility that is designated to receive requests for emergency assistance, including but not limited to 9-1-1 calls, and staffed to perform one or more of the following functions: • Determine the location where an emergency response is being requested. • Interrogate callers to identify, assess, prioritize, and classify requests for emergency assistance and other gathered information. • Determine the appropriate emergency response required. • Assess the available emergency response resources that are, or will be, available in the time required. • Dispatch appropriate emergency response providers. • Transfer or exchange requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. • Analyze and respond to communications received from emergency response providers and coordinate appropriate actions. • Support incident command functions.

ECD Emergency Communications District

Written in Tenn. Law, the emergency communications district (ECD) shall be a “municipality” or public corporation in perpetuity under its corporate name, and the district shall in that name be a body politic and corporate with power of perpetual succession, but without any power to levy or collect taxes. The powers of each district shall be vested in and exercised by a majority of the members of the board of directors of the district.

ECRF Emergency Call Routing Function

A functional element in an NGCS (Next Generation 9-1-1 Core Services) which is a LoST protocol server where location information (either civic address or geo-coordinates) and a Service URN serve as input to a mapping function that returns a URI used to route an emergency call toward the appropriate PSAP for the caller’s location or towards a responder agency.


• External ECRF: An ECRF instance that resides outside of an NGCS instance. • Internal ECRF: An ECRF instance that resides within and is only accessible from an NGCS instance.

Egress At the egress port on the NGCS SBC, where it connects to the ESInet out of the PSAPs.

EIDD Emergency Incident Data Document

The Emergency Incident Data Document (EIDD) provides a standardized, industry-neutral National Information Exchange Model (NIEM) conformant (XML-based) specifications for exchanging emergency incident information to agencies and regions that implement NG9-1-1 and Internet Protocol (IP) based emergency communications systems. Emergency incident information exchanges supported by the EIDD include exchanges between disparate manufacturers’ systems located within one or more public safety agencies and with other incident stakeholders.

EIDO Emergency Incident Data Object

A JSON-based (JavaScript Object Notation) object that is used to share emergency incident information between and among authorized entities and systems.

ELT English Language Translation

An alphanumeric description of the primary Law Enforcement, Fire and Emergency Medical Service agencies associated with a given Emergency Services Zone/Number. The ELT includes the name of the first responder agency and may include its station number (for dispatch purposes) and telephone number. Examples: • ESN 123 translates to: Sheriff, Fire, EMS • ESN 130 translates to Police, Fire Station 57, EMS • ESN 135 translates to Police 6th Precinct, Fire Station 22, EMS (Where the element “” or “” is replaced with the actual County or City name.) Some 9-1-1 systems support more than three agencies. In those cases, the ELT may contain additional listings for Advanced Life Support (Paramedics and Mobile Intensive Care Units), Medevac helicopter services, State or Marine Police, etc.

EMS Emergency Medical Services

A service providing out-of-hospital acute care and transport to definitive care, to patients with illnesses and injuries which the patient believes constitute a medical emergency.

ENP Emergency Number Professional

Certification offered through NENA which is designed to establish a benchmark of performance for the emergency dispatcher profession.

EOL End of Life

A term used with respect to a product supplied to customers, indicating that the product is in the end of its useful life (from the vendor's point of view), and a vendor stops marketing, selling, or rework sustaining it.

ESIND Emergency Services IP Network Design

A set of network design requirements necessary to ensure that ESInets meet industry standards for NG911 systems.

ESInet Emergency Services IP Network

Managed IP network that is used for emergency services communications, and which can be shared by all public safety agencies. It provides the IP transport infrastructure upon which independent application platforms and core services can be deployed,


including, but not restricted to, those necessary for providing NG911 services.

ESN Emergency Service Number

A 3- to 5-digit number that represents one or more Emergency Service Zones (ESZ).

ESRP Emergency Services Routing Proxy

An i35 functional element that is a SIP proxy server; that the ESRP selects the next-hop routing within the ESInet based on location and policy. There is an ESRP on the edge of the ESInet. There is usually an ESRP at the entrance to an NG911 PSAP. There may be one or more intermediate ESRPs between them. Originating ESRP: The first routing element within the NGCS. It receives calls from the BCF at the edge of the ESInet. Terminating ESRP: The last ESRP for a call in NGCS.

ESZ Emergency Service Zone

A geographical area that represents a unique combination of emergency service agencies (e.g., law enforcement, fire/rescue, and emergency medical service) that is within a specified 911 governing authority’s jurisdiction.

FCAPS

Fault, Configuration, Accounting, Performance, and Security

The International Standards Organization’s (ISO) Telecommunications Management Network model and framework for network management.

FCC Federal Communications Commission

An independent U.S. government agency overseen by Congress, the Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories.

FEMA Federal Emergency Management Agency

An agency of the U.S. Department of Homeland Security whose primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities.

GIS Geographic Information System

A system for capturing, storing, displaying, analyzing, and managing data and associated attributes which are spatially referenced.

GMLC Gateway Mobile Location Center

The point of interface between the GSM wireless network and the Emergency Services Network. The GMLC retrieves, forwards, stores and controls position data associated with wireless callers. This includes the processing of location requests and updates (rebids).

HELD HTTP-Enabled Location Delivery

A protocol that can be used to acquire Location Information (LI) from a LIS within an access network as defined in IETF RFC 5985.

Help Desk Availability

The time of day resources are available to answer calls from the TECB, ECDs, or PSAPs to create trouble tickets and dispatch technicians.

HMI Human-Machine Interface

The means through which a person interacts with an automated system/machine. A vehicle or an installation is sometimes referred to as the human machine interface.

5 https://www.nena.org/resource/resmgr/standards/NENA-STA-010.2_i3_Architectu.pdf [Link operational as of June 16, 2020]

https://en.wikipedia.org/wiki/U.S._state

https://www.nena.org/resource/resmgr/standards/NENA-STA-010.2_i3_Architectu.pdf


HTTP Hypertext Transfer Protocol

Typically used between a web client and a web server that transports HTML and/or XML.

i3

National Emergency Number Association’s designation for its Next Generation 911 system specifications and definitions

NENA i3 introduces the concept of an Emergency Services IP network (ESInet), which is designed as an IP-based inter-network (network of networks) shared by all agencies which may be involved in any emergency.

i3 PSAP

A Public Safety Answering Point equipped with a call handling system capable of connecting to and receiving calls from an i3 NGCS call routing system.

NENA i3 introduces the concept of an ESInet, which is designed as an IP-based internetwork (network of networks) shared by all agencies that may be involved in any emergency. A PSAP that is capable of receiving IP-based signaling for delivery of emergency calls and for originating calls and is conformant to NENA-STA-010 and other specifications for such PSAPs.

ICA Intermediate Certificate Authority

An intermediate CA certificate is a subordinate certificate issued by the trusted root specifically to issue end-entity server certificates. The usage of an intermediate certificate thus provides an added level of security as the CA does not need to issue certificates directly from the CA root certificate.

ICC International Code Council

An association dedicated to developing model codes and standards used in the design, build and compliance process to construct safe, sustainable, affordable, and resilient structures.

IDS Intrusion Detection System

An intrusion detection system is a device or software application that monitors a network or systems for malicious activity or policy violations. Any intrusion activity or violation is typically reported either to an administrator or collected centrally using a security information and event management system.

IDX Incident Data Exchange A Functional Element that facilitates the exchange of Emergency Incident Data Objects (EIDOs) among other Functional Elements both within and external to an agency. (Previously called “IDE”)

IETF Internet Engineering Task Force Lead standard setting authority for Internet protocols.

IGMP Internet Group Management Protocol

The Internet Group Management Protocol is a communications protocol used by hosts and adjacent routers on IPv4 networks to establish multicast group memberships. IGMP is an integral part of IP multicast.

ILEC Incumbent Local Exchange Carriers

A telephone company that had the initial telephone company franchise in an area.

Incident Severity Levels

The description of issues impacting the levels of service. Levels for TECB are described as: Severity Level 1 – Critical An incident shall be categorized as a “Severity Level 1” incident if the incident is characterized as an event that renders a critical system, service, software, equipment, or network component unavailable or substantially unavailable, or seriously impacts normal business operations; in each case, prohibiting the ability to process a request


for assistance for one or more PSAPs. Examples of conditions may include:

• Isolation of any single site or sites from the rest of the network, resulting in the inability for affected sites to communicate with the rest of the network.

• A software defect without a workaround that impacts any site’s or sites’ ability to maintain business operations.

• A reduction in call-processing capacity at a single site of 50 percent or more. Call-processing capacity shall be defined as the provisioned volume of simultaneous voice calls for the affected PSAP for non-CHaaS sites, or the number of staffed CHaaS workstations for CHaaS sites

Severity Level 2 – Major An incident shall be categorized as a “Severity Level 2” incident if the incident is characterized by the following attributes: the incident does not render a critical system, service, software, equipment, or network component unavailable or substantially unavailable, but a function or functions are not available, substantially available, or functioning as they should; in each case, impacting the ability to process a request for assistance for one or more PSAPs. Examples of conditions may include:

• Loss of redundancy (network or component) at PSAP or data center connections.

• System or component problem that could result in loss of a site without timely repair.

• A reduction in call-processing capacity at a single site of 20 percent or more. Call-processing capacity shall be defined as the provisioned volume of simultaneous voice calls for the affected PSAP for non-CHaaS sites, or the number of staffed CHaaS workstations for CHaaS sites.

Severity Level 3 – Minor An incident shall be categorized as a “Severity Level 3” incident if the incident is characterized by the following attributes: the incident causes a group or individual to experience an issue with a non-essential function that is not critical to continuing operation and a reasonable workaround is not available, but does not prohibit the execution of productive work.

Severity Level 4 – Trivial An event shall be categorized as a “Severity Level 4” incident if the

incident is characterized by the following attributes: the incident impacts a group or individual affected by minor impact to usability but does not prevent or hinder functionality.

Ingress At the SIP interface on any LNG or LSRG or the ingress SBC, depending on the connection


IoT Internet of Things

A system of interrelated computing devices, mechanical and digital machines provided with unique identifiers and the ability to transfer data over a network without requiring human-to-human or human-to-computer interaction.

IPS Intrusion Prevention System

An intrusion prevention system (IPS) is a form of network security that works to detect and prevent identified threats. Intrusion prevention systems continuously monitor your network, looking for possible malicious incidents and capturing information about them.

IPv4 Internet Protocol version 4

The fourth version of the method by which data is sent from one computer to another on the Internet or other networks. It uses 32-bit addresses.

IPv6 Internet Protocol version 6

The most recent version of the Internet Protocol; it uses 128-bit addresses.

IS-ADR Identity Searchable Additional Data Repository

An Additional Data Repository that provides a service that can search for Additional Data based on a sip/sips or tel URI: (e.g., Additional Data for the caller).

IT Information Technology The study or use of systems (especially computers and telecommunications) for storing, retrieving, and sending information.

ITIL Information Technology Infrastructure Library

A set of detailed practices for IT service management that focuses on aligning IT services with the needs of business.

ITSM IT Service Management The activities that are performed by an organization to design, plan, deliver, operate and control information technology services offered to customers.

IP Internet Protocol The method by which data is sent from one computer to another on the Internet or other networks.

IPSR Internet Protocol Selective Router

Routes calls based upon geospatial data, ensuring that all current and future call types—including text, multimedia, Voice over IP (VoIP), wireless, and landline—can be routed to the appropriate PSAP. Routing rules are defined in the solution, such as call delivery based upon the geography of an incoming call.

IS-ADR Identity Searchable Additional Data Repository

An Additional Data Repository that provides a service that can search for Additional Data based on a sip/sips or tel URI: (e.g., Additional Data for the caller).

ITSM Information Technology Service Management

How IT teams manage the end-to-end delivery of IT services to customers. This includes all the processes and activities to design, create, deliver, and support IT services. The core concept of ITSM is the belief that IT should be delivered as a service.

ITU-T

International Telecommunication Union -Telecommunication Standardization Sector

International standards body for all communications services.

KPI Key Performance Indicator

A measurable value that demonstrates how effectively a company is achieving key business objectives. Organizations use KPIs at multiple levels to evaluate their success at reaching targets.


LATA Local Access and Transport Area

The geographical areas within which a local telephone company offers telecommunications services.

LATA POI Local Access and Transport Area – Point of Interconnection

The geographical areas within which a local telephone company offers telecommunications services and a physical demarcation between an originating carrier network and an NG9-1-1 network.

LDB Location Database The server that retains all of the current information, functionality, and interfaces of today’s ALI and can utilize the new protocols required in an NG911deployment.

LEC Local Exchange Carrier

A Telecommunications Carrier (TC) under the state/local Public Utilities Act that provides local exchange telecommunications services. Also known as: • Incumbent Local Exchange Carriers (ILECs) • Alternate Local Exchange Carriers (ALECs) • Competitive Local Exchange Carriers (CLECs) • Competitive Access Providers (CAPs) • Certified Local Exchange Carriers (CLECs) • Local Service Providers (LSPs) • Certified Telecommunications Utility (CTU) • Competitive Local Provider (CLP)

LIS Location Information Server

A functional element in an IP-capable originating network that provides locations of endpoints (i.e., calling device). A LIS can provide Location-by-Reference, or Location-by-Value, and, if the latter, in geo or civic forms. A LIS can be queried by an endpoint for its own location, or by another entity for the location of an endpoint. In either case, the LIS receives a unique identifier that represents the endpoint, for example an IP address, circuit-ID or Media Access Control (MAC) address and returns the location (value or reference) associated with that identifier. The LIS is also the entity that provides the dereferencing service, exchanging a location reference for a location value.

LNG Legacy Network Gateway

A NG9-1-1 Functional Element that provides an interface between a non-IP originating network and a Next Generation Core Services (NGCS) enabled network.

LoST Location-to-Service Translation Protocol

A NG9-1-1 Functional Element that provides an interface between a non-IP originating network and a Next Generation Core Services (NGCS) enabled network.

LPG Legacy PSAP Gateways

A signaling and media interconnection point between an ESInet and a legacy PSAP. It plays a role in the delivery of emergency calls that traverse an i3 ESInet to get to a legacy PSAP, as well as in the transfer and alternate routing of emergency calls between legacy PSAPs and NG9-1-1 PSAPs. The Legacy PSAP Gateway supports an IP (i.e., SIP) interface towards the ESInet on one side, and a traditional MF or Enhanced MF interface (comparable to the interface between a traditional Selective Router and a legacy PSAP) on the other.

LNG Legacy Network Gateway

An NG9-1-1 Functional Element that provides an interface between a non-IP originating network and a Next Generation Core Services (NGCS) enabled network.


LNP Local Number Portability

A process by which a telephone number may be reassigned from one Local Exchange Carrier to another.

LSRG Legacy Selective Router Gateway

Provides an interface between a 9-1-1 Selective Router and an ESInet, enabling calls to be routed and/or transferred between Legacy and NG networks. A tool for the transition process from Legacy 9-1-1 to NG9-1-1.

LTE Long-Term Evolution A standard for wireless communication of highspeed data for mobile phones and data terminals developed by the 3rd Generation Partnership Project (3GPP).

LVF Location Validation Function

A functional element in an NGCS that is a LoST protocol server where civic location information is validated against the authoritative GIS database information.

MCN MSAG Community Name

Master Street Address Guide (MSAG) community is the postal-valid zip code delivery area. The community of a given resident is determined to be equivalent to the post office where that resident receives mail through a rural route or would receive mail if he set up rural delivery.

MCS MSAG Conversion Service

A web service providing conversion between PIDFLO and MSAG data.

MIS Management Information System

A program that collects, stores, and collates data into reports enabling interpretation and evaluation of performance, trends, traffic capacities, etc.

ML Machine Learning Machine learning is the study of computer algorithms that improve automatically through experience. It is seen as a subset of artificial intelligence.

MLTS Multi-Line Telephone System

A system comprised of common control unit(s), telephone sets, control hardware and software and adjunct systems used to support the capabilities outlined herein. This includes network and premises-based systems. E.g., Centrex, VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the FCC under Part 68 Requirements) and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses.

MOA Memorandum of Agreement

A document written between parties to cooperatively work together on an agreed upon project or meet an agreed upon objective. Also known as: cooperative agreement.

MOP Method of Procedure A step-by-step guideline for completing a project.

MOS Mean Opinion Score

A measure used in the domain of Quality of Experience and telecommunications engineering, representing overall quality of a stimulus or system. It is the arithmetic mean over all individual values on a predefined scale that a subject assigns as an opinion on the performance of a system quality. Such ratings are usually gathered in a subjective quality evaluation test, but they can also be algorithmically estimated.

MOU Memorandum of Understanding

A document that expresses mutual accord on an issue between two or more parties.

https://en.wikipedia.org/wiki/Quality_of_Experience

https://en.wikipedia.org/wiki/Quality_of_Experience

https://en.wikipedia.org/wiki/Telecommunications_engineering

https://en.wikipedia.org/wiki/Arithmetic_mean

https://en.wikipedia.org/wiki/Subjective_video_quality


MPC Mobile Positioning Center

A Functional Entity that provides an interface between the wireless originating network and the Emergency Services Network. The MPC/GMLC retrieves, forwards, stores, and controls position data within the location services network. It interfaces with the location server (e.g., Position Determining Entity (PDE)) for initial and updated position determination. The MPC/GMLC restricts access to provide position information only while an emergency call is active.

MPP Master Project Plan The detailed project plan that specifies the project's scope, cost, schedule, activities, and resources.

MRC Monthly Recurring Charge A charge set to recur automatically each billing month.

MSAG Master Street Address Guide

A database of street names and house number ranges within their associated communities defining Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper routing of 911 calls. Tabular reference for address validation in the current 911 system. Defines all possible addresses within a jurisdiction.

MSRP Message Session Relay Protocol

A standardized mechanism for exchanging instant messages using SIP where a server relays messages between user agents.

MTBF Mean Time Between Failure

The predicted elapsed time between inherent failures of a mechanical or electronic system, during normal system operation. MTBF can be calculated as the arithmetic mean (average) time between failures of a system.

MTTR Mean Time to Repair A maintenance metric that measures the average time required to troubleshoot and repair failed equipment. It reflects how quickly an organization can respond to unplanned breakdowns and repair them.

NAPT Network Address and Port Translation

A methodology of remapping one IP address and port into another by modifying network address information in Internet Protocol (IP) datagram packet headers while they are in transit across a traffic routing device.

NAT Network Address Translation

Maps a single public address to one, or many internal addresses and all network IP addresses on the connected computers are local and cannot be seen by the outside world.

NCAS Non-Call-Associated Signaling

A method for delivery of wireless 911 calls in which the Mobile Directory Number and other call associated data are passed from the Mobile Switching Center to the PSAP outside the voice path.

NENA National Emergency Number Association Standards body for 911 and NG911.

NENA i3 See i3 above

NERC North American Electric Reliability Corporation

A not-for-profit international regulatory authority whose mission is to assure the effective and efficient reduction of risks to the reliability and security of the electric grid.

NetTN Network Tennessee In 2007, the State of Tennessee issued an RFP to secure outsourced private wide-area-network including managed and non-managed services. In 2008, AT&T was awarded a 10-year contract and NetTN

https://en.wikipedia.org/wiki/Failure

https://en.wikipedia.org/wiki/Arithmetic_mean

https://en.wikipedia.org/wiki/Failure

https://www.fiixsoftware.com/blog/troubleshooting-for-maintenance-best-practices-and-top-tips/


was born. The NetTN vision was to provide a robust unified network infrastructure that leverages the buying power of all government stakeholders to drive down the cost of technology and help drive the deployment of broadband to all urban and rural Tennessee communities.

NG911 Next Generation 911

An Internet Protocol (IP)-based system comprised of managed Emergency Services IP networks (ESInets), functional elements (applications), and databases that replicate traditional E9-1-1 features and functions and provides additional capabilities. NG9-1-1 is designed to provide access to emergency services from all connected communications sources and provide multimedia data capabilities for Public Safety Answering Points (PSAPs) and other emergency service organizations.

NGCS Next Generation Core Services

The base set of services needed to process a 9-1-1 call on an ESInet. Includes the ESRP, ECRF, LVF, BCF, Bridge, Policy Store, Logging Services and typical IP services such as DNS and DHCP. The term NG9-1-1 Core Services includes the services and not the network on which they operate. See Emergency Services IP Network.

NIEM National Information Exchange Model

A community-driven, standards-based, national model for structured information sharing. www.niem.gov

NIST National Institute of Standards and Technology

A part of the United States Department of Commerce that oversees the operation of the U.S. National Bureau of Standards. NIST works with industry and government to advance measurement science and to develop standards in support of industry, commerce, scientific institutions, and all branches of government. Their mission is to promote innovation and industrial competitiveness. www.nist.gov

NG-SEC Security for Next Generation 911

Short name for NENA Standard 75-001, Security for Next-Generation 9-1-1 (NG-SEC).

NMIS Network Management Information System

A system designed for monitoring, maintaining, and optimizing a network. It includes both hardware and software, but most often an NMS refers to the software used to manage a network.

NMS Network management system

An application or set of applications that lets network engineers manage a network’s independent components inside a bigger network management framework and provides key functions.

NNP National Number Portability

Allows for the ability to port telephone numbers between service providers.

NOC Network Operations Center

A centralized location where IT support technicians can supervise, monitor, and maintain client networks.

Notification Time The interval between recognition of an issue and communication to the reporting party of the issue.

NSI Non-Service Initiated

A mobile device for which there is no valid service contract with any CMRS provider. As such, NSI devices have no associated subscriber name and address, do not provide a call-back number, and may not provide location.

http://www.nist.gov/


NTP Network Time Protocol A networking protocol for clock synchronization between computer systems over packet-switched, variable-latency data networks.

OSI Open Systems Interconnection

A 7-layer hierarchical reference model structure developed by the International Standards Organization for defining, specifying, and relating communications protocols, not a standard or a protocol.

OSP Originating Service Provider

A communications provider that allows its users or subscribers to originate 911 voice or nonvoice messages to a PSAP. This includes but is not limited to wireline, wireless and VoIP services.

PCA PSAP Credentialing Agency

The root authority designated to issue and revoke security credentials (in the form of an X.509 certificate) to authorized 9-1-1 agencies in an i3-compliant infrastructure.

PIDF-LO Presence Information Data Format Location Object

Provides a flexible and versatile means to represent location information in a SIP header using an XML schema.

PIF Protocol Interworking Function

That functional component of a Legacy Network Gateway or Legacy PSAP Gateway that interworks legacy PSTN signaling such as ISUP or CAMA with SIP signaling.

PIM Protocol Independent Multicast

A family of multicast routing protocols for Internet Protocol (IP) networks that provide one-to-many and many-to-many distribution of data over a LAN, WAN or the Internet.

POI Point of Interconnection A Physical Demarcation between an originating carrier network and an NG9-1-1 network.

POP Point of Presence A demarcation point, access point, or physical location at which two or more networks or communication devices share a connection.

POTS Plain Old Telephone Service

Voice-grade telephone service employing analog signal transmission over twisted pair copper wire.

PMP Project Management Professionals

An industry-recognized certification for project managers offered by the Project Management Institute.

PRF Policy Routing Function That functional component of an Emergency Services Routing Proxy that determines the next hop in the SIP signaling path using a policy.

PSAP Public Safety Answering Point

The entity responsible for receiving 911 calls and processing those calls according to a specific operational policy.

PSTN Public Switched Telephone Network

The network of equipment, lines, and controls assembled to establish communication paths between calling and called parties in North America.

QA/QI Quality Assurance / Quality Integrity

System that facilitates review and evaluation of work product. Information is used to validate effectiveness of training and evaluate need for additional training or other corrective action.

QoS Quality of Service As related to data transmission a measurement of latency, packet loss and jitter.

https://en.wikipedia.org/wiki/Multicast_routing_protocol

https://en.wikipedia.org/wiki/Internet_Protocol

https://en.wikipedia.org/wiki/Point-to-multipoint_communication

https://en.wikipedia.org/wiki/Many-to-many

https://en.wikipedia.org/wiki/LAN

https://en.wikipedia.org/wiki/Wide_area_network

https://en.wikipedia.org/wiki/Internet


RBH Regular Business Hours

The hours that an organization has individuals staffed to take calls, generally 8 am to 5 pm Central and Eastern; depending on the location of the end site.

RCL Road Centerline

A GIS feature that represents a centerline of a roadway. Each RCL segment has a beginning point, end point and consequently a direction of flow from beginning to end. A RCL typically has street number range information (High and Low) attributed to each segment in order to facilitate geocoding.

Response Time

The interval between a trouble ticket being created and when a qualified resource is actively involved in addressing issues recorded in a trouble ticket.

Repair Time

The interval between a trouble ticket being created and the technology issue being resolved, or an acceptable workaround is in place, and all functions have been restored to normal.

REST Representational State Transfer

An interface that transmits domain-specific data over HTTP without an additional messaging layer such as simple object access protocol (SOAP) or session tracking via HTTP cookies.

RFC Request for Comments A request for document review by interested parties after a drafting committee/group has drafted a document.

RFO Reason for Outage A document provided by a vendor that provides details about an interruption in service.

RFP Request for Proposals A document that solicits proposal, often through a bidding process, by an agency or company interested in procurement of a commodity, service, or valuable asset, to potential suppliers.

RMS Records Management System

The management of records for an organization throughout the record’s life cycle. The activities in this management include the systematic and efficient control of the creation, maintenance, and destruction of the records along with the business transactions associated with them.

RCL Road Centerline

A GIS feature that represents a centerline of a roadway. Each RCL segment has a beginning point, end point and consequently a direction of flow from beginning to end. A RCL typically has street number range information (High and Low) attributed to each segment in order to facilitate geocoding.

RSA Rivest–Shamir–Adleman

A public-key cryptosystem that is widely used for secure data transmission.

RTT Real-Time Text Text transmission that is character at a time, as in TTY.

SBC Session Border Control A commonly available functional element that provides security, NAT traversal, protocol repair and other functions to VoIP signaling such as SIP. A component of a Border Control Function.

SCTP Stream Control Transmission Protocol The transport layer to carry signaling messages over IP networks.


SDO Standards Development Organization

An entity whose primary activities are developing, coordinating, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining standards that address the interests of a wide base of users outside the standards development organization. Standards-development organizations (SDOs) include:

a. Association of Public-Safety Communications Officials (APCO)

b. Central Station Alarm Association (CSAA) c. National Emergency Number Association (NENA) d. Alliance for Telecommunications Industry Solutions

(ATIS) e. Internet Engineering Task Force (IETF) f. North American Electric Reliability Corporation

(NERC) g. National Institute of Standards and Technology

(NIST) h. Telecommunications Industry Association (TIA)

SHA Secure Hash Algorithm One of a number of fixed-size, cryptographic algorithms promulgated by the National Institute of Standards and Technology used to provide integrity protection for messages, files and other data objects.

SI Spatial Interface A standardized interface between the GIS and the functional elements that consume GIS data, such as the ECRF and/or LVF.

SIP Session Initiation Protocol

A protocol specified by the Internet Engineering Task Force (IETF) (RFC3261) that defines a method for establishing multimedia sessions over the internet. Used as the call-signaling protocol in VoIP, NENA i2 and NENA i3.

SIPREC Session Recording Protocol An open SIP based protocol for call recording.

SLA Service Level Agreement

A contract between a service provider (either internal or external) and the end user that defines the level of service expected from the service provider. SLAs are output-based in that their purpose is specifically to define what the customer will receive.

SMS Short Messaging Service

A text messaging service component of most telephone, internet and mobile device systems.

SNMP Simple Network Management Protocol A protocol used for managing devices on an IP network.

SOC Security Operations Center

A centralized unit that deals with security issues on an organizational and technical level.

SOC 1 Service Organization Controls

Reports that help companies establish trust and confidence in their service delivery processes and controls.

SOI Service Order Interface A file of completed service order updates that is sent to the DBMSP by all SP’s.


SQL Structured Query Language

A language used in programming and designed for managing data held in a relational database management system.

SSAP Site/Structure Address Point

Site/structure address points represent addresses assigned by the local addressing authority, which may not reflect the addresses used in commercial or United States Postal Service (USPS) databases.

SS7 Signaling System Number 7

An out-of-band signaling system used to provide basic routing information, call set-up and other call termination functions. Signaling is removed from the voice channel itself and put on a separate data network.

SSAE 16

Standards for Attestation Engagements Number 16

A deprecated auditing standard for service organizations, produced by the American Institute of Certified Public Accountants.

SSL Secure Sockets Layer A computer networking protocol that manages server authentication, client authentication and encrypted communication between servers and clients.

System Acceptance Testing Fault Levels

Testing intended to validate overall system performance. Testing can result in four fault levels:

a. Priority One Fault — A critical system fault that renders the solution even partially inoperable. These faults are unacceptable to the TECB.

b. Priority Two Fault — A major system fault that significantly reduces the solution’s performance and ability to function. These faults are unacceptable to the TECB and must be resolved before the TECB will accept the solution.

c. Priority Three Fault — A minor system fault that marginally affects system performance and functionality. These minor faults are operational in nature and only are acceptable while in the final acceptance phase. These faults must be resolved before the TECB will accept the solution.

d. Priority Four Fault — A combination of minor system faults and items that are on the punch list. These are items that have minimal or no effect on system performance and functionality, and only are acceptable while in the final acceptance phase. These faults must be resolved before TECB will accept the solution.

System Availability The percentage of time service is available; measured on a per-PSAP basis.

TIA Telecommunications Industry Association

A lobbying and trade association, the result of the merger of the USTA (United States Telephone Association) and the EIA (Electronic Industries Association).

TCC Text Control Center

A set of functions to interface between a carrier-originated wireless 9-1-1 text user and the PSAP environment. The TCC uses some of the functions of core NG9-1-1 system design, with additional specialized functionality to meet the needs of SMS text-to-9-1-1. When TCCs from different vendors are able to interoperate with each other, PSAPs can connect to multiple carriers through a single TCC.


TCP/IP Transmission Control Protocol/Internet Protocol

A protocol for communication between computers; also used as a standard for transmitting data over networks

TDD Telecommunications Device for the Deaf

Text-based telecommunications equipment used by a person who does not have enough functional hearing to understand speech, even with amplification.

TDM Time Division Multiplexing

A digital multiplexing technique for combining a number of signals into a single transmission facility by interweaving pieces from each source into separate time slots.

TDoS Telephone Denial of Service

Illegal attacks targeting the telephone network by generating numerous 9-1-1 phone calls, tying up the network and preventing an agency from receiving legitimate calls.

TECB Tennessee Emergency Communications Board

A self-funded nine-member board located within the Tennessee Department of Commerce and Insurance.

TDM Time-Division Multiplexing

A digital multiplexing technique for combining a number of signals into a single transmission facility by interweaving pieces from each source into separate time slots.

TIA Telecommunications Industry Association

A lobbying and trade association, the result of the merger of the USTA (United States Telephone Association) and the EIA (Electronic Industries Association).

TLS Transport Layer Security

An Internet protocol that operates between the IP layer and TCP and provides hop-by-hop authentication, integrity protection and privacy using a negotiated cipher-suite.

TLS/TCP

Transport Layer Security over Transmission Control Protocol

An Internet protocol that operates between the IP layer and TCP and provides hop-by-hop authentication, integrity protection and privacy using a negotiated cipher-suite.

TNTAP Tennessee Taxpayer Access Point

An online system where citizens can file and pay taxes, check account balances, and view correspondence from the Tennessee Department of Revenue.

TTY Teletypewriter A teleprinter, an electronic device for text communication over a telephone line that is designed for use by persons with hearing or speech difficulties.

TVSS Transient Voltage Surge Suppression

Devices designed to protect critical PSAP equipment from transients induced on powering and data/signal/telecommunications conductors.

UA User Agents Software that acts on behalf of a user, such as a web browser.

UDP User Datagram Protocol A transport layer protocol. It is an unreliable packet delivery system built on top of the IP protocol.

UI User Interface The means by which the user and computer system interact

UL Underwriters Laboratories A global safety certification company.

UPS Uninterruptible Power Supply

An electrical apparatus that provides emergency power to a load when the input power source or main power fails.

Uptime Institute The standard bearer for digital infrastructure performance.


URI Uniform Resource Identifier

An identifier consisting of a sequence of characters that enables uniform identification of resources via a set of naming schemes.

USB Universal Serial Bus

An industry standard that establishes specifications for cables and connectors and protocols for connection, communication and power supply (interfacing) between computers, peripherals and other computers.

VLAN Virtual Local-Area Network

A logical grouping of ports and endpoints such that all ports and endpoints in the VLAN appear to be on the same physical (or extended) LAN segment even though they may be geographically separated.

VoIP Voice over Internet Protocol

Telephone service provided through the internet rather than traditional telephone lines. This includes FIOS™, cable service such as Comcast and Time Warner, and purchased devices like Ooma, Google Voice, or Magic Jack

VoIP E2 Voice over Internet Protocol E2

An industry-standard interface between a VoIP positioning center and an ALI database server

VPN Virtual Private Network

A network implemented on top of another network, and private from it, providing transparent services between networks or devices and networks. VPNs often use some form of cryptographic security to provide this separation

WFS Web Feature Service A web service that allows a client to retrieve and update geospatial data encoded in Geography Markup Language (GML).

XACML eXtensible Access Control Markup Language

A general-purpose access control policy language. This means that it provides a syntax (defined in XML) for managing access to resources.

https://en.wikipedia.org/wiki/Technical_standard

https://en.wikipedia.org/wiki/Communication_protocol

https://en.wikipedia.org/wiki/Interface_(computing)

https://en.wikipedia.org/wiki/Peripheral

ATTACHMENT B

ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE

SUBJECT CONTRACT NUMBER:

CONTRACTOR LEGAL ENTITY NAME:

EDISON VENDOR IDENTIFICATION NUMBER:

The Contractor, identified above, does hereby attest, certify, warrant, and assure that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract.

CONTRACTOR SIGNATURE NOTICE: This attestation MUST be signed by an individual empowered to contractually bind the Contractor. Attach evidence documenting the individual’s authority to contractually bind the Contractor, unless the signatory is the Contractor’s chief executive or president.

PRINTED NAME AND TITLE OF SIGNATORY

DATE OF ATTESTATION

ATTACHMENT C

Table 1: ESInet and NGCS Adopted Standards

SDO Standard ID Standard Title Standard Description Latest Revision/ Release Date6

DOJ CJISD-ITS-DOC-08140-5.8

Criminal Justice Information Services (CJIS) Security Policy

Provides information security requirements, guidelines, and agreements reflecting the will of law enforcement and criminal justice agencies for protecting the sources, transmission, storage, and generation of criminal justice information.

Version 5.8 June 1, 2019

IETF RFC 3261 SIP: Session Initiation Protocol

Describes SIP, an application-layer control (signaling) protocol for creating, modifying, and terminating sessions —including internet telephone calls, multimedia distribution, and multimedia conferences — with one or more participants.

Version 1 July 7, 2002

IETF RFC 3986 Uniform Resource Identifier (URI): Generic Syntax

Defines the generic URI syntax and a process for resolving URI references, along with guidelines and security considerations for the use of URIs on the internet.

Version 1 January 2005

NENA/ APCO REQ-001.1.2-2018 Next Generation 911 Public Safety Answering Point Requirements

Provides requirements for functions and interfaces between an i3 PSAP and NGCS, and among functional elements associated with an i3 PSAP.

Version 1.2 April 5, 2018

NENA/ APCO INF-005 Emergency Incident Data Document (EIDD) Information Document

Provides a recommended list of data components, their relationships to each other, the data elements contained within each data component, and the registries that control the available values for appropriate data elements. Initiates the process to create a National Information Exchange Model (NIEM).

February 21, 2014 Scheduled to be replaced by an Emergency Information Data Object standards document

NENA STA-015.10-2018 Standard Data Formats for E9-1-1 Data Exchange & GIS Mapping

Establishes standard formats for automatic location identification (ALI) data exchange between service providers and database management system (DBMS) providers, a GIS data model, a data dictionary, and formats for data exchange between the ALI database and PSAP controller equipment.

Version 10 August 12, 2018

6 For any standards, if a newer version is available at the time of publication of this RFP, compliance will be judged relative to the latest version. The exception to this being NENA/APCO-INF-005.1-2014 for which compliance will be judged relative to NENA’s updated Emergency Incident Data Object STA

https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center

https://www.ietf.org/rfc/rfc3261.txt

https://www.ietf.org/rfc/rfc3986.txt

https://cdn.ymaws.com/www.nena.org/resource/resmgr/standards/NENA-REQ-001.1.2-2018_NG-PSA.pdf

https://www.nena.org/resource/resmgr/standards/nena_apco-inf-005.1_eidd_201.pdf

https://cdn.ymaws.com/www.nena.org/resource/resmgr/standards/nena-sta-015.10-2018_datafor.pdf

SDO Standard ID Standard Title Standard Description Latest Revision/ Release Date6

NENA STA-008.2-2014 Registry System Standard

Describes how registries (lists of values used in NG911 functional element standards) are created and maintained.

Version 2 October 6, 2014

NENA STA-010.2-2016 Detailed Functional and Interface Specifications for the NENA i3 Solution

Builds upon prior NENA publications — including i3 requirements and architecture documents — and provides additional detail on functional standards.

Version 2 September 10, 2016

NENA INF-016.2-2018 Emergency Services IP Network Design for NG9-1-1 (ESIND)

Provides information that will assist in developing the requirements for and/or designing an i3-compliant ESInet.

Version 1 April 5, 2018

NENA 75-001 Security for Next Generation 9-1-1 Standard (NG-SEC)

Establishes the minimal guidelines and requirements for levels of security applicable to NG911 entities.

Version 1 February 6, 2010

NENA INF-015.1-2016 NG9-1-1 Security Information Document

Provides mechanisms and best practices for cybersecurity for i3 systems.

Version 1 December 8, 2016

NERC CIP 002-CIP 009 Critical Infrastructure Protection

Addresses the security of cyber assets essential to the reliable operation of the nation’s critical infrastructure.


NIST FIPS 140-2 Security Requirements for Cryptographic Modules

Specifies security requirements that will be satisfied by a cryptographic module utilized with a security system protecting sensitive but unclassified information.


NIST Cybersecurity Framework

Framework for Improving Critical Infrastructure Cybersecurity

Provides standards, guidelines, and best practices that promote the protection of critical infrastructure.

Version 1.1 April 16, 2018

TIA TIA-942-A Telecommunications Infrastructure Standard for Data Centers

Specifies the minimum requirements for telecommunications infrastructure of data centers and computer rooms, including single-tenant enterprise data centers and multi-tenant internet-hosting data centers.

Revision A March 2014

https://www.nena.org/resource/resmgr/Standards/NENA-STA-008.2-2014_(origina.pdf


http://www.nena.org/resource/resmgr/standards/NENA-INF-016.2-2018_ESIND_20.pdf

https://www.nena.org/resource/resmgr/Standards/NENA_75-001.1_NG-Security_20.pdf

https://www.nena.org/resource/resmgr/standards/NENA-INF-015_NGSEC_INF_20161.pdf

http://www.nerc.com/pa/Stand/Pages/CIPStandards.aspx

https://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.140-3.pdf

https://www.nist.gov/cyberframework

https://www.nist.gov/cyberframework

https://global.ihs.com/doc_detail.cfm?&rid=TIA&item_s_key=00414811&item_key_date=860905&input_doc_number=TIA-942&input_doc_title=#abstract

Table 2: Call-Handling Equipment Adopted Standards

SDO Document Number Document Title Standard Description Latest Revision/

Release Date

ANSI/ NENA

ANS Candidate NENA-STA-027.3-2018 (Originally 04-001)

E9-1-1 PSAP Equipment Standards

This ANSI-approved NENA Standard defines the Public Safety Answering Point (PSAP) equipment requirements intended for use by users, manufacturers, and providers of E911 Customer Premises Equipment (CPE).


APCO/ NENA

ANS 1.102.3-2020

Emergency Communications Center (ECC) Service Capability Criteria Rating Scale

APCO and NENA jointly have developed an assessment tool to evaluate current capabilities of the ECC against models representing the best level of preparedness, survivability, and sustainability amidst a wide range of natural and manmade events.


NENA 75-001 Security for Next Generation 9-1-1 Standard (NG-SEC)

Establishes the minimal guidelines and requirements for levels of security applicable to NG911 entities.

Version 1 February 6, 2010

NENA STA-010.2-2016

Detailed Functional and Interface Specifications for the NENA i3 Solution

Builds upon prior NENA publications — including i3 requirements and architecture documents — and provides additional detail on functional standards.

Version 2 September 10, 2016

APCO/ NENA 54-750

Human Machine Interface & PSAP Display Requirements

NENA and APCO have jointly developed this document for the purpose of prescribing requirements for the human machine interface (HMI) display for the Next Generation 911 (NG911) System

Version 1 October 20, 2010

https://www.nena.org/resource/resmgr/standards/NENA-STA-027.3-2018_20180702.pdf




https://www.nena.org/resource/resmgr/standards/ans_apco-nena_1.102.3.2020_e.pdf

https://www.nena.org/resource/resmgr/standards/ans_apco-nena_1.102.3.2020_e.pdf

https://www.nena.org/resource/resmgr/Standards/NENA_75-001.1_NG-Security_20.pdf



https://www.nena.org/resource/collection/0ACCC545-208F-4185-BF27-FE2AF801B213/NENA_54-750_V1_Human_Machine_Interface_PSAP_Display.pdf

Performance Standards and Service Level Agreements

System Performance Standards and Reporting Respondents must identify the SLAs and metrics for the system components that will be utilized to formulate the system performance measurements for each performance standard.

System Availability The service must be available 99.999 percent of the time and is measured on a per-PSAP basis.

Service Level and Service Management Performance Standard Services referenced here are limited to those provided under the agreement. All times are averages over a rolling 12-

month measurement period. However, there are provisions for declaring an SLA violation in cases where repeated instances occur over a short period of time.

All time intervals are calculated to the nearest minute. Performance requirements are applicable to managed and non-managed services.

Help Desk Availability Resources will be available (via toll-free telephone number) 24 x 7 x 365 to process requests for service.

Technician Availability Technicians will be available remotely and/or onsite as required, on a 24 x 7 x 365 basis.

Incident Severity Levels

Severity Level 1 – Critical An incident shall be categorized as a “Severity Level 1” incident if the incident is characterized as an event that renders a critical system, service, software, equipment, or network component unavailable or substantially unavailable, or seriously impacts normal business operations; in each case, prohibiting the ability to process a request for assistance for one or more PSAPs. Examples of conditions may include:

o Isolation of any single site or sites from the rest of the network, resulting in the inability for affected sites to communicate with the rest of the network.

o A software defect without a workaround that impacts any site’s or sites’ ability to maintain business operations. o A reduction in call-processing capacity at a single site of 50 percent or more. Call-processing capacity shall be

defined as the provisioned volume of simultaneous voice calls for the affected PSAP for non-CHaaS sites, or the number of staffed CHaaS workstations for CHaaS sites

Severity Level 2 – Major An incident shall be categorized as a “Severity Level 2” incident if the incident is characterized by the following attributes:

the incident does not render a critical system, service, software, equipment, or network component unavailable or substantially unavailable, but a function or functions are not available, substantially available, or functioning as they should; in each case, impacting the ability to process a request for assistance for one or more PSAPs. Examples of conditions may include:

o Loss of redundancy (network or component) at PSAP or data center connections. o System or component problem that could result in loss of a site without timely repair. o A reduction in call-processing capacity at a single site of 20 percent or more. Call-processing capacity shall be

defined as the provisioned volume of simultaneous voice calls for the affected PSAP for non-CHaaS sites, or the number of staffed CHaaS workstations for CHaaS sites.

Severity Level 3 – Minor An incident shall be categorized as a “Severity Level 3” incident if the incident is characterized by the following attributes: the incident causes a group or individual to experience an issue with a non-essential function that is not critical to continuing operation and a reasonable workaround is not available, but does not prohibit the execution of productive work.

Severity Level 4 – Trivial An event shall be categorized as a “Severity Level 4” incident if the incident is characterized by the following attributes: the incident impacts a group or individual affected by minor impact to usability but does not prevent or hinder functionality.

Response Time A qualified resource acknowledges requests for assistance by TECB, ECD, or PSAP via phone or email and commences investigation of trouble within the timeframes identified in the table below.

Table 3: Response Time

Trouble Category Response Time

Severity Level 1 15 minutes


Severity Level 3 8 hours


Notification Time The time from when an issue is identified and the TECB, ECD, or PSAP is informed of the issue. Contractor shall have the ability to provide customized notifications based on desire of TECB, ECD, or PSAP.

Table 4: Notification Time

Trouble Category Notification Time




Severity Level 4 Next Business Day

Repair Time Issues documented via the ticketing process will be resolved in the timeframes identified in the table below. Resolution may be either the final repair that returns the system to its normal functioning condition, or a PSAP-accepted workaround accompanied by a plan to achieve the final repair.

Table 5: Repair Time

Trouble Category Interval





Escalation In cases where an interval identified in the table below has elapsed from the time the ticket was created, a request for assistance to the next higher level of technical support must be executed.

Table 6: Escalation Intervals

Trouble Category Interval





Once an escalation has occurred, Contractor will provide TECB and affected parties with a status update within an agreed-upon interval until resolution.

SLA Reporting

Contractor shall provide a secure, SLA reporting tool. A secure online SLA reporting dashboard is required. The SLA reporting tool shall include both real-time and/or near real-time performance data captures in no greater than five-minute averages. The SLA reporting tool shall summarize network performance metrics by hour, day, week, month, quarter, and year. The mechanism shall deliver automated SLA results to TECB on a monthly schedule.

Quality of service (QoS) reporting shall present traffic by type. Reports shall include, at a minimum, statistics for latency, jitter, packet loss, and bandwidth utilization, and shall be available on demand with near real-time data. A web-based portal is required. Other relevant data also may be reported.

Contractor shall conduct end-of-month and end-of-quarter service reviews, accounting for any degradation of service to include service failures, as well as incidents and problems, and their resolution.

SLA remedies shall be tracked to their full amount, but the maximum credit per month shall not exceed 25 percent of the total monthly service fee.

Incidents shall be tracked via tickets and the ticket contents shall be made available to TECB. Contractor shall have automated systems to track all SLA deliverables and provide the TECB with monthly reports detailing Contractor performance.

The monthly SLA compliance report shall include the following detail and a one-page summary of the detail: 1) Report period; 2) Contractor’s trouble ticket number; 3) PSAP name; 4) PSAP FCC ID; 5) Service type; 6) Brief trouble symptom; 7) Brief restoration description; 8) Trouble symptom category; 9) Ticket open date and time; 10) Severity level; 11) Problem resolution date and time; 12) Total outage duration; 13) Yes/no if qualified for SLA; 14) The applicable SLA; and 15) Rights and remedies applied to each ticket when applicable.

Table 7: SLA Violations, Damages, and Requirements

SLA Definition Measurement Method Objective Rights and Remedies

1

Final master project plan (MPP) shall be delivered to the TECB

within sixty (60) calendar days of contract execution.

Calendar Days Delivery of MPP within 60 days.

Failure to meet the objective shall result in a

$5,000.00 credit/or adjustment for each calendar day that the

report is not delivered after the objective date.

2 Contractor shall achieve all

milestone dates identified in the MPP.

Calendar Days

Completion of MPP milestones within the date agreed by the TECB and

Contractor.

Any failure to meet the objective shall result in a

$5,000.00 credit/or adjustment for each calendar day that the

milestone is not delivered after the objective date (for milestones with a majority

of the underlying task ownership being that of the

Contractor and/or its subcontractors).

3

SLA Remedy Delivery: Timely credit/or adjustment of remedies due to the TECB for

missed SLA objectives.

Calendar Days

Contractor’s credit/or adjustment shall be issued no more than sixty (60) calendar days after written notice from

the TECB.

Each occurrence of an SLA remedy (credit/or

adjustment) that is not issued within sixty (60)

calendar days shall result in a $5,000.00 credit/or

adjustment for each calendar day that the

credit/or adjustment is not issued.

4

Contractor shall provide a ticketing interface and monitoring dashboard 24 hours a day, 7 days a week, 365 days a year (24 x 7 x

365)

The monthly availability percentage equals the Scheduled Uptime less

Unavailable Time divided by Scheduled Uptime per

month multiplied by 100. Scheduled Uptime is based

on 24 hours x number of days in the month x 60

minutes.

The monthly Availability percentage shall be based

on the cumulative total of all outage durations for each

calendar month.

99.9% (8.77 hours per year

43.83 minutes per month)

Failure to meet the SLA objective for one month shall result in a $2,500

credit/or adjustment of the total Monthly Recurring

Charge (MRC) of all services under contract for

that month.


5

When a manual (i.e., via phone call to NOC) emergent request is made to reroute calls to alternate PSAP, reroute will be effective in five minutes or less, from the time of the PSAP call being answered by the NOC for pre-provisioned

routes. If the request is for standard

maintenance, the reroute will be effective in seven minutes or less

for pre-provisioned routes; if a new route is required, that will be completed within twenty minutes

of request.

Time from NOC call received by human to time

the routing change becomes effective.

5 minutes (emergency) 7 minutes (maintenance) 20 minutes (new route)

Failure to meet the SLA objective shall result in a

$5,000.00 credit/or adjustment of the total

MRC.

6

Contractor shall report all outages that potentially impact the delivery of 911 traffic within 15 minutes of

the occurrence.

Any outage that potentially impacts the delivery of 911 traffic, regardless of traffic

type

Notification within 15 minutes or less.

Any failure to meet the objective shall result in a

$5,000.00 credit/or adjustment

Every next consecutive minute that the Contractor

fails to meet the SLA objective shall result in an

additional $1,000.00 credit/or adjustment per

minute, up to the total MRC for all services.


7 ESInet connectivity shall be

available to each end-point PSAP connection.





minutes.

The ESInet connectivity availability requires two

diverse IP network connections to each PSAP.

For those PSAPs where diverse IP network connections are not available and when

approved by the TECB, the Individual ESInet

connectivity SLA applies.



calendar month.

99.999% (5.26 minutes per year

26.3 seconds per month)

Failure to meet the SLA objective for one month

shall result in a 25% credit/or adjustment of the

MRC for the population served by that end-point

PSAP that month.

Failure to meet the SLA objective for the next

consecutive month shall result in a 50% credit/or

adjustment of the MRC for the population served by that end-point PSAP that

month.

Failure to meet the SLA objective for each

additional consecutive month shall result in a

100% credit/or adjustment of the MRC for the

population served by that end-point PSAP that

month, plus an additional $25,000.


8

Individual ESInet connectivity shall be available to each end-point PSAP and will only apply

when diverse NG911 trunks are not available and when approved

by the TECB.





minutes.



calendar month.

99.9% (8.77 hours per year

43.83 minutes per month)

Failure to meet the SLA objective for one month

shall result in a 25% credit/or adjustment of the

MRC for the population served by that end-point

PSAP that month.

The second consecutive month of failure to meet the SLA objective shall result

in a 50% credit/or adjustment of the MRC for the population served by that end-point PSAP that

month.

The third consecutive month of failure to meet the SLA objective shall result

in a 100% credit/or adjustment of the MRC for the population served by that end-point PSAP that

month.

9

Contractor shall transition or migrate all ingress traffic from

TDM to SIP direct call delivery to its NGCS BCF by October 2024.

Elimination of TDM aggregation sites.

100% ingress SIP call delivery

Failure to meet the SLA objective shall result in a

$5,000.00 credit/or adjustment per OSP for

each month that the OSP is not delivering calls via

SIP.

10

Failure to provide updates to solution to conform to NENA i3 standards within 18 months of

ratification.

Identification by the TECB or its designee of i3

functionality not supported.

100% conformance to NENA i3 standards within 18 months of ratification.

20% credit/or adjustment of total monthly invoice until

conformance issue is resolved to TECB’s

satisfaction.


11

NGCS must forward voice calls with little or no degradation of

voice quality of the call from the ingress demarcation point to the

egress demarcation point, as measured and monitored by an automated Mean Opinion Score

(MOS) measurement tool between various ingress and

egress points at times when the ESInet is meeting its performance

parameters.

Ingress demarcation point

shall be defined as the Protocol Interworking

Function (PIF) of the LNG (TDM call delivery) or the

ingress SIP interface on the SBC (SIP call delivery).

Egress demarcation point

shall be the outbound port of the PSAP edge router for

non-CHaaS sites.

99% of the egress MOS measurements shall not

degrade by more than 0.2 from the ingress MOS (e.g.,

an MOS of 4.0 shall not degrade lower than 3.8)

$5,000 credit/or adjustment of MRC of NGCS for single

occurrence.

$10,000 credit/or adjustment of MRC of

NGCS for second occurrence with a 60-

minute period.

13 The NGCS will deliver 911 traffic including location information to

the appropriate NG911 CHE.

Single outage with a duration of six (6) minutes or

more.

Preventing outages of six (6) minutes or more.

100% credit/or adjustment of the MRC of NGCS for

the affected PSAP.

14 The NGCS will deliver 911 traffic including location information to

the appropriate NG911 CHE.

Single outage of greater than two (2) minutes and less than six (6) minutes.

Preventing outages greater than two (2) minutes, but less

than six (6) minutes.

50% credit/or adjustment of the MRC of NGCS for the

affected PSAP.

15 The CHaaS will receive and

handle all call type traffic with minimal service interruption.

Single outage with a duration of six (6) minutes or

more.

Preventing outages of six (6) minutes or more.

100% credit/or adjustment of the MRC of CHaaS for

the affected PSAPs.

16 The CHaaS will receive and

handle all call type traffic with minimal service interruption.

Single outage of greater than two (2) minutes and less than six (6) minutes.

Preventing outages greater than two (2) minutes, but less

than six (6) minutes.

50% credit/or adjustment of the MRC of CHaaS for the

affected PSAPs.

17

The Contractor shall implement text-to-911 service within 180

days of a PSAP’s initial request for service.

From the Text Deployment Status report, the time

measured in calendar days from the date of the

requested order approved.

Any text deployment shall be provisioned, tested, and live, with final acceptance signed by the PSAP within 180 days of request to take text, and

PSAP is on Contractor’s NGCS.

Every month, or any portion of a month after

180 days, shall result in a $5,000 creditor adjustment

for a total of each MRC.

18

The Contractor shall provide the SLA reports required by this

contract for each month of activity during the term of the contract by

the 10th business day of the following month.

Business Days

The Contractor shall deliver accurate and complete

reports by the 10th calendar date of the month following the end of the applicable

reporting month.


$5,000.00 credit or adjustment for each

business day that the report is not delivered after

the objective date.


19

Contractor shall provide a cybersecurity vulnerability

notification upon recognition of a cybersecurity threat or breach

within three (3) business days of issue identification.

Business Days

Within three (3) business days of the recognition of a

vulnerability or identified cybersecurity threat or

breach, the Contractor shall notify the TECB and the impacted PSAP(s) of the

event, and measures taken to mitigate impact and avoid

future risk.


$5,000.00 credit or adjustment for each


the objective date.

20

Contractor shall provide a Reason for Outage (RFO) report for

Severity Level 1 and 2 issues within five (5) business days.

Business Days

The Contractor shall deliver initial root cause analysis to the TECB and the affected ECDs/PSAPs within five (5)

business days of service affecting issue.

Each occurrence of a failure to meet the

objective shall result in a $15,000.00 creditor adjustment for each


the objective date.

21

Contractor shall provide a final RFO report within thirty (30)

calendar days from the beginning of the service affecting issue.

Calendar Days

The Contractor shall deliver final RFO to the TECB and the affected ECDs/PSAPs within thirty (30) calendar

days from the beginning of the service affecting issue.

Each occurrence of a failure to meet the

objective shall result in a $15,000.00 credit/or adjustment for each


the objective date.

ATTACHMENT D

Placeholder - Respondent’s RFP Response.

ATTACHMENT E Placeholder – Respondent’s Cost Spreadsheet

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Authority Granted By Tenn. Comp. R. & Regs. 0690-03-01-.07 and Tenn. Code Ann. § 12-3-502

Attachment FPERFORMANCE BOND

Pursuant to Section E. 15. Performance Bond, the Contractor shall provide to the State a performance bond guaranteeing full and faithful performance of all undertakings and obligations under this Contract specifically faithful performance of the work in accordance with the plans, specifications, and Contract documents. The Contractor shall submit the bond in the manner and form prescribed by the State herein.

BOND NO. #

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that We,

Contractor name

Contractor address

Contractor telephone

(hereinafter called the “Principal”), whose principal business address and telephone number is as

stated above; and

Surety name

Surety address

Surety telephone

(hereinafter called the “Surety”), whose principal address and telephone number is as stated

above, a surety insurer chartered and existing under the laws of the State of state name and

authorized to do business in the State of Tennessee;

are held and firmly bound unto the State of Tennessee Department of General Services Central

Procurement Office (“State”), whose principal address is 312 Rosa L. Parks Avenue, 3rd

Floor, Nashville, TN 37243, and whose principal telephone number is 615-741-1035 in the penal sum

of written amount ($ number) for payment of which we bond ourselves, our heirs, our personal

representatives, our successors and our assignees, jointly and severally.

WHEREAS, Principal has entered into a contract with State for Next Generation 911 Emergency Communication Services, (RFP No. 33501-215002) (the “Contract”) in accordance with the scope of services and deliverables (the “Scope”) set forth in Section A of the Contract.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the Contract at the times and in the manner prescribed in the Contract; and

2. Pays State any and all losses, damages, costs and attorneys’ fees, including appellate

proceedings, that State sustains because of any default by Principal under the Contract,

including, but not limited to, all delay damages, whether liquidated or actual, incurred by

State; and

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3. Performs, to the satisfaction of State the Scope under the Contract for the time specified

in the Contract;

then this bond is void; otherwise it remains in full force.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,

alterations or additions to the terms of the Contract or other work to be performed hereunder, or

the specifications referred to in the Contract shall in anyway affect its obligation under this bond.

The Surety waives notice of any such changes, extensions of time, alterations or additions to the

terms of the Contract or to the Scope.

It is expressly understood the time provision under Tenn. Code Ann. § 12-3-502 shall apply to

this bond. Bond must be received within fourteen (14) calendar days of receipt of request by the

State or a Delegated State Agency.

By execution of this bond, the Surety acknowledges that it has read the Surety qualifications and

obligations imposed by the Contract and hereby satisfies those conditions.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument

this day of , 20 , the name of each party being

affixed and these presents duly signed by its undersigned representative, pursuant to authority of

its governing body.

Signed, sealed and delivered

In the presence of: PRINCIPAL:

Contractor name

By:

(Contractor’s authorized signatory)

(Printed name and title)

STATE OF TENNESSEE

COUNTY OF __________________

On this ___________ day of ____________, 20 _________, before me personally appeared

_____________________________________________, to me known to be the person (or

persons) described in and who executed the foregoing instrument, and acknowledged that such

person (or persons) executed the same as such person (or person's) free act and deed.

__________________________________

Notary Public

Printed Name: ______________________

Commission Expires:

_________________

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Signed, sealed and delivered

In the presence of: SURETY:

Surety name

By:

(Surety’s authorized signatory)

(Printed name and title)

STATE OF TENNESSEE

COUNTY OF __________________

On this ___________ day of ____________, 20 _________, before me personally appeared

_____________________________________________, to me known to be the person (or

persons) described in and who executed the foregoing instrument, and acknowledged that such

person (or persons) executed the same as such person (or person's) free act and deed.

__________________________________

Notary Public

Printed Name: ______________________

Commission Expires:

_________________

USSC Payment 0707

Attachment G

Payment Bond

Pursuant to Section E. 16. Payment Bond, the Contractor shall provide to the State a payment bond guaranteeing that the Contractor’s subcontractors, laborers, and material suppliers will be paid for performance under this Contract with the additional obligation that such contractor shall promptly make payment of all taxes, licenses, assessments, contributions, penalties, and interest. The Contractor shall submit the bond in the manner and form prescribed by the State herein.

[NAME OF COMPANY] PAYMENT BOND

Bond Number

KNOW ALL MEN BY THESE PRESENTS:

That

(Name and address of Principal)

as Principal, (hereinafter the "Principal") and [Name of Company], a company organized and existing under the

laws of the State of Maryland, as Surety (hereinafter the "Surety"), are held and firmly bound unto

(Name and address of Owner)

as Obligee, (hereinafter the "Owner"), for the use and benefit of Claimants as hereinafter defined, in the amount of

Dollars ($ )

(hereinafter, the "Penal Sum") for the payment whereof the Principal and the Surety bind themselves, their heirs,

executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has by written agreement dated , 20 , (hereinafter, the "Contract")

entered into a contract with Owner for

. (Describe the work or project)

in accordance with drawings and specifications prepared by

. (Insert name and address of Architect/Engineer)

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly

make payment to all Claimants, as hereinafter defined, for labor and material used or reasonably required for use in

the performance of the Contract, then this obligation shall be null and void, otherwise, it shall remain in full force

and effect; SUBJECT, HOWEVER, to the following express conditions precedent and definitions:

(1) A "Claimant" is defined as one having a direct contract with the Principal, or with the subcontractor

of the Principal, for labor, material or both, actually used in the performance of the Contract. Notwithstanding any

term to the contrary in the Contract, the term “Claimant” expressly excludes the Owner.

(2) The Principal, the Surety and the Owner hereby agree, jointly and severally, and the Surety hereby

undertakes, that every Claimant as hereinabove defined, who has not been paid in full before the expiration of

ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or

materials were furnished by such Claimant, may thereafter sue on this bond for the use of such Claimant, prosecute

suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon; as further

expressly conditioned hereinbelow. The Owner shall not be liable for the payment of any costs or expenses of any

such suit.

(3) No Claimant shall be entitled to any recovery against the Surety hereunder, and no suit or action

shall be commenced hereunder by any Claimant, unless and until the following express conditions precedent have

been met or performed by the Claimant and/or otherwise as limited hereinbelow:

USSC Payment 0707

2

(a) The Claimant, as hereinabove defined, shall have given written notice to the Principal, the

Owner and the Surety within ninety (90) days after such Claimant did or performed the last of the work or labor, or

furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount

claimed, describing the work or labor performed and/or the materials provided, and providing the name of the

person or entity to whom the materials were furnished, or for whom the work or labor was done or performed.

Such notice shall be served by mailing the same by registered mail or certified mail, return receipt requested, in

envelopes addressed to the Principal, the Owner and the Surety at any place where they or each of them regularly

maintain any office for the transaction of business, or served on the Principal, Owner and Surety in any manner in

which legal process may be served in the state in which the aforesaid project is located, save that such service need

not be made by a public officer;

(b) Any suit on this Bond must be commenced, if at all, within one (1) year following the date

on which the Claimant did or performed the last of the work or labor, or furnished the last of the materials for

which said claim is made; it being understood, however, that if any limitation embodied in this bond is prohibited

by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to

the minimum period of limitation permitted by such law;

(c) Any suit on this Bond must be brought in a state court of competent jurisdiction in and for

the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the

United States District Court for the District in which the Project, or any part thereof, is situated, and not elsewhere.

(4) The liability and the undertaking of the Surety hereunder shall in no event exceed the Penal Sum set

forth hereinabove.

(5) The amount of this bond shall be reduced by and to the full extent of any and all payments made by

the Surety in good faith hereunder, inclusive of the payment by the Surety of any mechanics' liens which may be

filed of record against the Project, whether or not the claim for the amount of such lien be presented under and

against this bond, and whether or not any payments made in good faith by the Surety hereunder were actually due,

subject to defense, set-off, contested or uncontested by any party.

(6) Notwithstanding anything to the contrary stated in the Contract or otherwise applicable at law,

Surety has the express right to assert all defenses of the Principal to any claim against this Bond. This right

expressly includes the right to assert any “paid-when-paid” or “paid-if-paid” defenses that may be available to the

Principal.

(7) If and when this Bond has been furnished to comply with any statutory or other legal requirement

pertaining in any location where the Project is located, any provision in this Bond conflicting with said statutory or

other legal requirement shall be deemed deleted herefrom, and the minimum provisions conforming to such

statutory or other legal requirements shall be deemed incorporated herein.

Signed and sealed this day of , 20 .

ATTEST:

(Principal)

_________________________________ By: (SEAL)

(Name) (Title)

ATTEST: [NAME OF COMPANY]

_________________________________ By: (SEAL)

, Attorney-in-fact

REQUEST FOR PROPOSALS FOR NEXT GENERATION 911 …

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