EDUCATION SERVICE CENTER, REGION 20
1314 Hines Avenue
San Antonio, Texas 78208 Telephone:
(210) 370-5204
www.esc20.net/purchasing
March 2, 2026
Please respond to the following not later than 2:00 p.m., March 30, 2026
PROPOSAL RESPONSE to be marked No. 26021
Proposal On: Leased Lit & Dark Fiber Services
Page 1 of 41
PRICE - F.O.B. - Destination
Education Service Center, Region 20 (ESC-20) is evaluating and considering partnering with a
company to provide Leased Lit & Dark Fiber Services. Therefore, ESC-20 is requesting information on
Leased Lit & Dark Fiber Services – RFP No. 26021, as per the attached specifications, terms and
conditions. Responses will be accepted by Education Service Center, Region 20 until 2:00 p.m. local time,
March 30, 2026
Faxed responses will not be considered. By submitting a response, Responder certifies to the best of his/her
knowledge that all information is true and correct. All responses must be received prior to the established deadline
at the address listed in the box below. Responses must be plainly marked on outside of envelope:
Mr. Jim Metzger, Purchasing Coordinator
Business and Human Resource Services
Education Service Center, Region 20
1314 Hines Avenue
San Antonio, TX 78208
RFP No. – 26021 Leased Lit & Dark Fiber Services
Response Deadline 2:00 p.m.
March 30, 2026
Responses must be submitted on the forms provided or response may be rejected. Only responses received by the
date and time specified will be considered. PRICE, QUALITY, AND SUITABILITY: It is not the policy of
Education Service Center, Region 20 to purchase services on the basis of low price alone, quality and suitability
to purpose are taken into consideration. When providing cost data, please quote lowest possible net price after all
trade discounts have been deducted. Term discount, if any, must be indicated on Deviation Statement & Signature
Page and will be considered.
Vendors who do not respond are requested to submit a "no response on information request" to Education
Service Center, Region 20, Purchasing Department, in writing if they wish to receive future requests. Failure
to do so may result in their being deleted from our vendor list. Proposals marked "subject to price change" or
"price in effect on date of delivery" will not be considered.
The Region 20 Board of Directors may approve awarding of this proposal at the April 2026 meeting.
Since proposals are scanned, please do not staple, place in binders, or spiral bind.
EDUCATION SERVICE CENTER, REGION 20
1314 Hines Avenue
San Antonio, TX 78208
Company
RFP No. 26021 Leased Lit & Dark Fiber Services
RFP Opening: March 30, 2026
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TABLE OF CONTENTS
Scope of Services .................................................................................................................................... 3
Special Conditions for Proposal ............................................................................................................. 4
General Terms for All Proposals ........................................................................................................4-8
Contact .................................................................................................................................................... 9
References ............................................................................................................................................. 9
Proposal Rejection, Withdrawal, Late or Modification ........................................................................ 9
Clarification or Objection to Specifications ........................................................................................ 10
Evaluation and Award .......................................................................................................................... 10
Acknowledgement of Addenda ........................................................................................................... 11
Proposal ..........................................................................................................................................12-35
Resident Certification .......................................................................................................................... 36
Unfair Business Practices .................................................................................................................... 36
Form 1295 .......................................................................................................................................37-38
Deviation/Compliance, Felony Notification & Signature Page .......................................................... 41
EDUCATION SERVICE CENTER, REGION 20
1314 Hines Avenue
San Antonio, TX 78208
Company
RFP No. 26021 Leased Lit & Dark Fiber Services
RFP Opening: March 30, 2026
Page 3 | o f 41
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1.0 SCOPE OF SERVICES
ESC REGION 20 Fiber WAN Consortium is accepting Competitive Sealed Proposals from qualified local
service providers to provide Leased Lit & Dark Fiber Services. The purpose of this Request for Proposal
(RFP) is to provide a standard from which to evaluate your company’s Leased Lit & Dark Fiber Services as
they compare to other providers and as they pertain to the needs of the ESC REGION 20 CONSORTIUM as
defined in this document. ESC Region 20 requires this service to be installed and available for testing on
June 1, 2026. Service shall be fully activated and vendor shall begin billing for the service on July 1, 2026.
The RFP timeline is as follows:
RFP Release Date – March 2, 2026
Last Day for Submittal of Vendor Questions – March 16, 2026
ESC 20 Response to Vendor Questions – March 17, 2026
Proposal Due Date – March 30, 2026, 2:00 P.M., Local Time
Vendor Response Evaluation – March 30 – March 31, 2026
ESC Region 20 Board of Trustee Meeting – April 22, 2026
Contract effective dates: July 1, 2026 – June 30, 2029, plus up to ten (10) One-year contract
extensions.
2.0 SPECIAL CONDITIONS
a) Vendor(s) shall safeguard all information and data provided by ESC-20. Further, vendor(s) shall
not sell or make available data or mailing lists compiled from data received from ESC-20 without
the express written approval of ESC-20, through the Buyer, with appropriate remuneration to
Region 20.
b) ESC-20 will consider alternates, but reserves the right to be the sole judge to determine
which response offers the best value in meeting the needs of ESC-20.
c) Services will be purchased as needs arise and funding allows.
d) ESC-20 shall be sole interpreter of the terms, conditions, specifications and performance
requirements contained herein.
e) The transfer or assignment of contracts is prohibited.
f)
All delivery charges are to be included in respondent prices.
g) COMPLIANCE WITH LAW: The respondent will be responsible for compliance with all
applicable local, state, and federal laws.
h) Significant changes or necessary items not covered in proposal may be added to this contract at the
discretion of ESC-20.
i)
Specifications as written meet ESC-20’s minimum standards as to the usage, materials, and contents
for our needs and requirements. Specifications received from vendors that are different from the
original requirements must meet or exceed original specifications to be considered as equivalent.
ESC-20 will be the sole judge of specification equivalency.
j)
Vendor must provide an intellectual property agreement protecting both parties.
k) This contract may be awarded to a single vendor or multiple vendors as determined to provide the
best value to ESC REGION 20 Consortium. ESC REGION 20 reserves the right to negotiate with
any or all respondents and accept or reject any and/or all proposals, to waive any formalities and/or
irregularities and to award in the best interest of the ESC Region 20 and Consortium Members.
EDUCATION SERVICE CENTER, REGION 20
1314 Hines Avenue
San Antonio, TX 78208
Company
RFP No. 26021 Leased Lit & Dark Fiber Services
RFP Opening: March 30, 2026
Page 4 | o f 41
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3.0
GENERAL TERMS
a) All contracts and agreements between vendors and Education Service Center, Region 20 shall
strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in
1990 by the American Law Institute in the National Conference of Commissioners on uniform
state laws. Reference: Uniform Commercial Code, 1990 Official Text, 2/Sales.
b) Responders are advised that ESC-20 contracts are subject to all legal requirements provided for in
the Texas Senate Bill 1, Subchapter B, Section 44.031 and/or applicable state and federal statutes.
Any proposal after being awarded becomes subject to the Open Records Act, Article 6252-17a
VTCS.
c) If product and/or service provided is not satisfactory to ESC-20, agreement can be terminated at
any time upon a 30-day written notice.
d) ESC-20 reserves the right to all warranties, express and implied.
e) All parties agree that venue for any litigation arising from this contract shall lie in San Antonio,
Bexar County, Texas, and that the laws of the State of Texas shall govern the rights of the parties
and the validity and interpretation of any purchase order, contract, or service agreement that shall
arise from and include this proposal request.
f)
ESC-20 retains exclusive rights to all content and final product.
g) Patented or copyright protected items: Vendor agrees to protect ESC-20 from recourse and all
claims arising from rights under patent, copyright, trademark or application infringement.
h) It is understood and agreed that Education Service Center, Region 20 reserves the right to make
minor modifications to conditions of this request for information due to unforeseen circumstances.
i)
RESPONSES MUST BE MADE ON THE ENCLOSED SHEETS (or as attachments to Section
12 Requirements).
j)
TERMINATION FOR CONVENIENCE. Either party to this agreement may terminate this
agreement upon 30 days written notice of such termination.
k) TERMINATION FOR CAUSE. ESC-20 may at its option immediately terminate this agreement
by giving 30 day written notice of termination to the Contractor on the occurrence of any of the
following.
(a) The willful breach of this Agreement by the Contractor in the course of engagement,
unless by ESC-20.
(b) The habitual neglect by the Contractor of its duties, unless waived by ESC-20.
l)
KICKBACKS. It is a breach of ethics for any payment, gratuity or offer of employment to be made by
or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor
for any contract of ESC-20 or any person associated therewith, as an inducement for the award of a
subcontract or order.
m) RIGHTS TO INVENTIONS. The Contractor agrees to be compliant with the Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants and Contracts.
n) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT. The Contractor
agrees to be compliant with the Clean Air Act and the Federal Water Pollution Control Act and their
implementing regulations.
EDUCATION SERVICE CENTER, REGION 20
1314 Hines Avenue
San Antonio, TX 78208
Company
RFP No. 26021 Leased Lit & Dark Fiber Services
RFP Opening: March 30, 2026
Page 5 | o f 41
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o) ENERGY POLICY AND CONSERVATION ACT. The Contractor agrees to be compliant with
the Energy Policy and Conservation Act pertaining to mandatory standards and policies relating to
energy efficiency contained in the state energy conservation plan.
p) DEBARMENT OR SUSPENSION. The Contractor certifies that neither they nor their
subcontractor is debarred or suspended from receiving federal funds.
q) LOBBYING CERTIFICATION AND DISCLOSURE OF LOBBYING (BYRD ANTI- LOBBYING
AMENDMENT). The Contractor certifies that it has not and will not use any federal funds to
lobby. If non-federal funds are used to lobby, the contractor must complete the Disclosure of
Lobbying and forward the disclosure to the next tier, who must forward it through each tier to the
federal awarding agency.
r) COPYRIGHT. All contracts paid from state or federal grants administered by TEA must
retain copyright for the Texas Education Agency (TEA) and for the federal government (if a
federally funded contract) unless otherwise negotiated in writing with TEA. Pursuant to the
provisions in 2 CFR § 200.315, title to intangible property vests in the ESC-20 as long as such
property is used for authorized purposes. However, TEA and the federal awarding agency
reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise
use the work for federal purposes, and to authorize others to do so.
s) SOLID WASTE DISPOSAL ACT AND ITS IMPLEMENTING REGULATIONS. The Contractor
certifies that it is compliant with section 6002 of the Solid Waste Disposal Act and its implementing
regulations. 2 CFR § 200.322.
t)
PROFIT AS A SEPARATE ELEMENT OF PRICE. For purchases using federal funds in excess of
$150,000, a Cooperative member may be required to negotiate profit as a separate element of the
price; 2 CFR 200.323(b).
u) EQUAL EMPLOYMENT OPPORTUNITY. 41 CFR 60-1.4(b) is hereby incorporated by reference.
v) DAVIS-BACON ACT. For all Cooperative member prime construction contracts/purchases in
excess of $2,000, vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5). Vendor further
agrees to that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3).
w) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. For all contracts or purchases
in excess of $100,000 that involve the employment of mechanics or laborers, vendor agrees to
comply with 40 USC 3702 and 3704 as supplemented by Department of Labor regulations (29
CFR Part 5).
x) Compliance with Texas Government Code 2252 and 2270 – I, the vendor, am in compliance with all applicable
provisions of Government Codes 2252 & 2270. This code requires vendors agree to NOT boycott Israel or do
business with companies that boycott Israel. In addition vendor cannot do business with Iran, Sudan or a known
terrorist organization. By submitting a response to the proposal, vendor certifies compliance with this code.
y) NON-COLLUSION STATEMENT. The vendor affirms that he/she ·is duly authorized to execute a contract,
that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with
any other Proposer, and that the contents of this proposal as to prices, terms or conditions of said proposal will
not be communicated by the undersigned nor by any employee or agent to any other person engaged in this type
of business prior to the official opening of a proposal. The proposer also affirms that they have not given; offered
to give, do not intend to give at any time hereinafter any economic opportunity, future employment, gift, loan,
gratuity, specified discount, trip, favor, or service to a private service in connection with this contract.
z) RECORD RETENTION. When federal funds are expended by Cooperative and all Cooperative members for
any contract resulting from this procurement process, the vendor certifies that it will comply with the record
This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.