Dark Fiber Leased Telecommunications Service or Ethernet Service at Selected Locations Throughout the State of Iowa

NOTICE TO VENDORS

INVITATION TO BID

The Telecommunications and Technology Commission operating the Communications Network (ICN) will be receiving sealed Bid Proposals for the following ITB until 3:00 p.m., Monday, November 24, 2025.

25-028

Dark Fiber Leased Telecommunications Service or Ethernet Service

at Selected Locations Throughout the State of Iowa

Sheri Stephens

Communications Network

Telephone 515-725-4747

sheri.stephens@iowa.gov

Vendors must comply with all affirmative action/equal employment opportunity provisions of State and Federal laws.

THIS INVITATION TO BID CONSISTS OF FOUR CHAPTERS AND FOUR ATTACHMENTS:

CHAPTER TITLE

1 Administrative Issues

2 Contractual Terms

3 Technical Specifications

4 Evaluation Criteria

Attachment 1 Contract Terms and Conditions (Sample Lease Agreement)

Attachment 2 Bid Proposal Compliance Form

Attachment 3 Authorization To Release Information

Attachment 4 Bid Proposal Submittal Form

Tab 4A Bid Proposal Submittal Form for Dark Fiber Optic Cable Service

Tab 4B Bid Proposal Submittal Form for Ethernet Service

CHAPTER 1

ADMINISTRATIVE ISSUES

1.1 Purpose. The State of Iowa, Iowa Telecommunications and Technology Commission, operating the Iowa Communications Network (collectively ICN) is seeking Bid Proposals for Leased Telecommunications Service for Single Mode Dark Fiber Optic Service or Ethernet Service which can be delivered by fiber based from Part III End Point locations to ICN Connection Point of Presence (CPOP) locations. The locations for which service is sought are listed in the Bid Proposal Submittal Form Tab 4A for Dark Fiber Optic Cable Service, Tab 4B Ethernet Service. The ICN intends to award contracts to the Vendors who provide the lowest cost service at each of the locations included in Tabs 4A, 4B. The resulting Contracts will be between the ICN and the Vendor.

1.2 Schedule and Submission of Bid Proposal.

1.2.1 Vendor Conference. There is no Vendor Conference scheduled for this solicitation.

1.2.2 Questions and Answers. Vendors are invited to submit written questions and/or requests for interpretation/consideration/acceptance concerning this ITB on or before 4:00 p.m. central time November 3, 2025. Vendors with questions concerning this ITB may submit their questions in writing by mail or hand delivery to Sheri Stephens at the address below, facsimile at (515) 725-4774 or electronic mail at sheri.stephens@iowa.gov. Oral questions will not be accepted, and verbal communications shall not override written communications. Only written communications are binding on ICN. ICN will prepare a written response to all pertinent questions submitted by Vendors. These questions and responses will be transmitted via fax or e-mail to all Vendors to whom the ITB has been sent, no later than November 5, 2025.

1.2.3 Changes and Amendments. In the event it becomes necessary for ICN to amend, add to or delete any part of this ITB, the amendment will be provided to all Vendors to whom the ITB has been sent. Vendor’s Bid Proposal must include acknowledgment of all addenda issued by ICN.

1.2.4 Receipt of Bid Proposals. Bid Proposals must be received at ICN’s office no later than 3:00 p.m. central time Monday, November 24, 2025 This requirement is a mandatory requirement and is not a minor deficiency subject to waiver by the ICN. No Bid Proposals will be accepted after the date and time specified. A late Bid Proposal shall be returned unopened to the Vendor. Additionally, no Bid Proposal will be accepted by telephone, electronic mail or facsimile. The Bid Proposals must be mailed (with mailing in sufficient time to arrive on or before this deadline requirement) or be delivered as follows:

Mailing & Delivery Address:

Communications Network

Attn: ephens

If Bid Proposals are delivered by mail service, express courier, delivery service or company, or in person, it shall be the sole responsibility of the Vendor submitting the proposal to insure that such delivery takes place prior to the aforementioned deadline. There shall be no waiving of the deadline due to mis-deliveries on the part of the Vendor, Vendor’s delivery staff or Vendor’s choice of delivery service(s). Deliveries made directly to ICN must be placed with the ICN Contracting Section or with an ICN staff person able to accept such delivery.

1.2.5 Bid Proposal Opening. Bid Proposals will be opened at 3:00 p.m. central time on Monday, November 24, 2025. The Bid Proposals and the evaluation documents created by the ICN will remain confidential subject to Iowa Code Section 72.3 until the evaluation committee has evaluated all of the compliant Bid Proposals submitted in response to this ITB and the selection process is complete. The Bid Proposals submitted and the evaluation documents created by the ICN will be available for inspection subject to the exceptions described in Iowa Code Chapter 22 or other applicable law after the selection process is complete.

1.2.5.1 Failure to comply with or supply any and all information requested to accompany Bid Proposals may be cause for rejection of the proposal as non-compliant.

1.2.5.2 All Bid Proposals shall be firm for a period of 180 days to allow the evaluation committee to fully evaluate all proposals and make an award deemed to be in the best interest of ICN and the State of .

1.2.5.3 By submitting a Bid Proposal the Vendor agrees to the terms and conditions contained within this ITB.

1.3 Proposal Format.

1.3.1 Bid Proposals shall be printed on 8.5” x 11” paper. One original and one (1) copies must accompany each submission. In addition one copy shall be provided on standard USB flash drive using Microsoft Word software. The original Bid Proposal must be in a package CLEARLY MARKED ITB 25-028 on the outer envelope or wrapping. This is necessary to insure that the response package is handled properly for verification against the ITB deadline. Lack of notation of ITB number may affect the receipt timing and affect the evaluation process. Vendor should consider this item as a critical factor when submitting a response.

1.3.2 To achieve a uniform review process and the maximum degree of comparability, proposals shall be organized in the following manner:

1.3.2.1 Completed Bid Proposal Compliance Form (Attachment 2).

1.3.2.2 Completed Authorization to Release Information Form (Attachment 3).

1.3.2.3 Positive statement of compliance or exception and all information requested in each of the points in Chapter 3, Technical Specifications. The bid proposal must fully address each requirement of Chapter 3 designated as a mandatory requirement and explain how the Vendor will accomplish or fulfill each specification. Merely restating the specifications or generic statements such as “we understand” or “we will comply” may be considered non-responsive and may result in disqualification of the Vendor’s proposal. Proposals must identify any deviations from the requirements of this ITB or requirements that the Vendor cannot satisfy. Any deviations from the requirements of the ITB or requirements the Vendor cannot satisfy may result in disqualification of the Vendor’s proposal.

1.3.2.4 Completed Bid Proposal Submittal Form (Attachment 4) and:

1.3.2.4.1 Tab 4A for Dark Fiber Optic Cable Service

1.3.2.4.2 Tab 4B for Ethernet Service

1.4 Clarification of Proposals and Obtaining Information. ICN reserves the right to contact a Vendor after submission of Bid Proposals for the purpose of clarifying a Bid Proposal to ensure mutual understanding. This contact may include written questions, interviews, site visits, a review of past performance if the Vendor has provided goods or services to the ICN, or any other political subdivision wherever located or requests for corrective pages in the Vendor’s Bid Proposal. This information may be used to evaluate the Vendor’s Bid Proposal. However, the information received from the Vendor shall not be considered in the evaluation of a Vendor’s Bid Proposal if the information materially alters the content of the Bid Proposal. ICN reserves the right to obtain information concerning any Vendor or any proposal from any source and to consider such information in evaluating the Vendor’s Bid Proposal.

1.4.1 Authorization to Release Information. The Vendor must sign the Authorization to Release Information Form included with this ITB as an attachment. Failure to sign this Authorization will result in the Bid Proposal being rejected outright.

1.5 Waiver of Deficiencies. ICN reserves the right to waive minor deficiencies in a Bid Proposal if, in the judgment of ICN, ICN’s best interest will be served. The decision as to whether a deficiency will be waived or will require the rejection of a Bid Proposal will be solely within the discretion of ICN. There is no guarantee or assurance that any deficiency will be deemed minor and that a deficiency will be waived. Each Vendor is specifically notified that failure to comply with or respond to any part of this ITB requiring a response may result in rejection of the Bid Proposal as not responsive.

1.6 Cost of Bid Proposal. ICN is not responsible for any costs incurred by a Vendor which is related to the preparation or delivery of the Bid Proposal or any other activities carried out by the Vendor as it relates to this ITB.

1.7 Bid Proposal Obligations. The contents of the Bid Proposal and any clarification thereto submitted by the successful Vendor shall become part of the contractual obligation and incorporated by reference into the ensuing Contract.

1.8 Bid Proposals Property of ICN. Except as otherwise stated herein, all Bid Proposals become the property of the ICN and the State of and shall not be returned to the Vendor unless all Bid Proposals are rejected. In the event all Bid Proposals are rejected, Vendors will be asked to send prepaid shipping instruments to the ICN for return of the Bid Proposals submitted. In the event no shipping instruments are received by the ICN, the Bid Proposals will be destroyed by the ICN. Additionally, the evaluation documents created by the ICN will be destroyed in the event all Bid Proposals are rejected. Otherwise, at the conclusion of the selection process, the contents of all Bid Proposals will be placed in the public domain and be opened to inspection by interested parties subject to the exceptions provided in Iowa Code Chapter 22 or other applicable law.

1.9 Rejection of Bid Proposals.

1.9.1 ICN reserves the right to reject any and all Bid Proposals, in whole and in part, received in response to this ITB at any time prior to the execution of a written Contract covering a particular location. Issuance of this ITB in no way constitutes a commitment by ICN to award a Contract for each of the locations included in the Bid Proposal Submittal Form Tab 4A for Dark Fiber Optic Cable Service; Tab 4B for Ethernet Service. This ITB is designed to provide Vendors with the information necessary for the preparation of competitive Bid Proposals. This ITB process is for ICN’s benefit and is intended to provide ICN with competitive information to assist in the selection of goods and services.

1.9.2 Disqualification. The ICN may reject outright and may not evaluate proposals for any one of the following reasons:

1.9.2.1 The Vendor fails to deliver the Bid Proposal by the due date and time.

1.9.2.2 The Vendor states that a service requirement cannot be met.

1.9.2.3 The Vendor's response materially changes a service requirement.

1.9.2.4 The Vendor’s response limits the rights of the ICN.

1.9.2.5 The Vendor fails to include information necessary to substantiate that it will be able to meet a service requirement. A response of “we understand” or "will comply" or merely repeating the requirement is not sufficient. Responses must indicate present capability; representations that future developments will satisfy the requirement are not sufficient.

1.9.2.6 The Vendor fails to respond to the ICN's request for information, documents, or references.

1.9.2.7 The Vendor fails to include a completed, signed Authorization to Release Information Form (See Attachment 3).

1.9.2.8 The Vendor fails to include a completed, signed Bid Proposal Compliance Form (See Attachment 2).

1.9.2.9 The Vendor presents the information requested by this ITB in a format inconsistent with the instructions of the ITB.

1.9.2.10 The Vendor initiates unauthorized contact regarding the ITB with ICN employees.

1.9.2.11 The Vendor’s exceptions to the contract terms and conditions in Attachment 1 materially change the terms and conditions of Attachment 1 or the requirements of this ITB.

1.9.2.12 The Vendor provides misleading or inaccurate responses.

1.9.2.13 The Vendor’s proposal is materially unbalanced.

1.9.3 Failure of the Vendor to comply with additional information requests may be cause for rejection of the Bid Proposal as non-compliant.

1.10 Public Records and Requests for Confidentiality.

1.10.1 The release of information by ICN to the public is subject to Iowa Code Chapter 22 and other applicable provisions of law relating to the release of records in the possession of a State agency. Vendors are encouraged to familiarize themselves with these provisions prior to submitting a Bid Proposal. All information submitted by a Vendor may be treated as public information by ICN unless the Vendor properly requests that information be treated as confidential at the time of submitting the proposal. In the event Vendor marks each page of its Bid Proposal as proprietary or confidential without adhering to the requirements of this Section, the ICN may reject the Bid Proposal as noncompliant.

1.10.2 Any requests for confidential treatment of information must be included in a cover letter with the Vendor’s Bid Proposal and must enumerate the specific grounds in Code Chapter 22 or other legal reasons which support treatment of the material as confidential and must indicate why disclosure is not in the best interests of the public. The request must also include the name, address and telephone number of the person authorized by the Vendor to respond to any inquiries by ICN concerning the confidential status of the materials.

1.10.3 Any documents submitted which contain confidential information must be marked on the outside as containing confidential information, and each page upon which confidential information appears must be marked as containing confidential information. The confidential information must be clearly identifiable to the reader wherever it appears. All copies of the proposal submitted, as well as the original proposal, must be marked in this manner. Vendor’s Submission of a Bid Proposal pursuant to this ITB constitutes Vendor’s agreement that the Vendor’s failure to properly mark information as confidential shall relieve the ICN from any responsibility if the information is viewed by the pubic, a competitor, or is in any way accidentally released.

1.10.4 In addition to marking the material as confidential material where it appears, the Vendor must submit one copy of the Bid Proposal from which the confidential information has been excised. The confidential material must be excised in such a way as to allow the public to determine the general nature of the material removed and to retain as much of the document as possible. These pages must be submitted with the cover letter and will be made available for public inspection.

1.10.5 The Vendor’s failure to request in the Bid Proposal confidential treatment of material pursuant to this Section and the relevant laws and administrative rules will be deemed by ICN as a waiver of any right to confidentiality which the Vendor may have had.

1.11 Restrictions on Gifts and Activities. Iowa Code Chapter 68B contains laws which restrict gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Vendors are responsible for determining the applicability of this Chapter to their activities and for complying with these requirements. In addition, Iowa Code Chapter 722.1 provides that it is a felony offense to bribe a public official.

1.12 Restriction on Communication. In the event that a Vendor or someone acting on the Vendor’s behalf attempts to discuss this ITB orally or in writing with any Commission member or any employee of ICN other than the ICN Contracting Officer, Vendor may be disqualified. No questions are to be asked of State of Iowa employees regarding this ITB, except for contact with the State Targeted Small Business Office by Vendors certified as Targeted Small Business Entities, without prior notification and approval by the ICN Contracting Officer, except as otherwise permitted by this ITB. All ITB contacts shall be made through the ICN Contracting Officer only.

1.13 Copyrights. By submitting a Bid Proposal the Vendor agrees that ICN may copy the Bid Proposal for purposes of facilitating the evaluation or to respond to requests for public records. The Vendor consents to such copying by submitting a proposal and warrants that such copying will not violate the rights of any third party. ICN will have the right to use ideas or adaptations of ideas which are presented in the proposals. In the event the Vendor copyrights the Bid Proposal, the ICN may reject the proposal as noncompliant.

1.14 Conflict Between Terms. ICN reserves the right to accept or reject any exception taken by the Vendor to the terms and conditions of this ITB. Substantial variations between the Vendor’s terms and conditions and those contained in this ITB may be grounds for rejection of the Vendor’s Bid Proposal as non-responsive and non-compliant.

1.15 Release of Claims. With the submission of a Bid Proposal, Vendor agrees that it will not bring any claim or have any cause of action against ICN or the State of based on any misunderstanding concerning the information provided herein or concerning ICN’s failure, negligent or otherwise to provide the Vendor with pertinent information as intended by this ITB.

1.16 Construction of ITB with Laws and Rules. This ITB is to be construed in accordance with the laws of the State of , including Iowa Code Chapter 8D and Iowa Administrative Code Chapter 751. Changes in applicable laws and rules may affect the award process or the resulting Contract. Vendors are responsible for ascertaining pertinent legal requirements and restrictions. Vendors are encouraged to visit a web site containing references to the Iowa Code and the Iowa Administrative Code for information. A suggested address is https://www.legis.iowa.gov or https://www.icn.iowa.gov .

1.17 Soft Copy. Soft copies of the ITB will be available by request to sheri.stephens@icn.state.ia.us.

1.18 Downloading ITB from the Internet. All amendments will be posted on the ICN’s website at http://www.icn.iowa.gov/. Vendors are advised to check the ICN’s website periodically for amendments to this ITB, particularly if the Vendor downloaded the ITB from the Internet because the Vendor may not automatically receive amendments if it did not contact the ICN for a copy of the ITB. If the Vendor received this ITB as a result of a written request to the ICN, the Vendor will receive amendments.

1.19 Definition of Contract. The full execution of a written contract shall constitute the making of a contract for services and no Vendor shall acquire any legal or equitable rights relative to the contract services until the Contract has been fully executed by the successful Vendor and the ICN.

1.20 Award Notice and Acceptance Period. The ICN will send the Notice of Intent to Award the Contract to all Vendors submitting a timely Bid Proposal. Negotiation and acceptance of the contracts shall be completed with the successful Vendors no later than sixty (60) days after Notice of Intent issuance date if there are no appeals filed. If an apparent successful Vendor fails to negotiate and deliver the executed contract by that date, the ICN may, in its sole discretion, cancel the award and award the contract for that site to the next highest ranked Vendor offering services for that Part III site. The ICN reserves the right to continue negotiations after sixty days if, in ICN’s sole discretion, ICN deems it to be in the best interests of ICN to do so.
CHAPTER 2

CONTRACTUAL TERMS

2.1 Contractual Terms Generally.

2.1.1 The ICN expects to award separate Contracts for each of the Part III sites identified in Tab 4A, Tab 4B. The Contracts which the ICN expects to award for each location as a result of this Invitation To Bid will be based upon the Bid Proposal submitted by the successful Vendors (Vendors awarded the Contracts) and this solicitation. The Contracts between the ICN and the Vendors shall be a combination of the specifications, terms and conditions of the Invitation To Bid, including those contained in the contract terms and conditions sample lease agreement identified as Attachment 1, the offer of the Vendors contained in their Bid Proposals, written clarifications or changes made in accordance with the provisions herein, and any other terms deemed necessary by the ICN.

2.1.2 The Contract terms contained in Attachment 1 are not intended to be a complete listing of all Contract terms but are provided only to enable Vendors to better evaluate the costs associated with the ITB and the potential resulting Contracts. Vendors should plan on such terms being included in any Contracts awarded as a result of this ITB. All costs associated with complying with these requirements should be included in any pricing quoted by the Vendor.

2.1.3 By submitting a Bid Proposal, each Vendor acknowledges its acceptance of these specifications, terms and conditions without change except as otherwise expressly stated in the appropriate section of the Bid Proposal Compliance Form (Attachment 2). If a Vendor takes exception to a provision, it must state the reason for the exception and set forth in Attachment 2 of its Bid Proposal the specific Contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of the ITB may be deemed non-responsive by the ICN, in its sole discretion, resulting in possible disqualification of the Bid Proposal. The ICN reserves the right to either award a Contract without further negotiation with the successful Vendor or to negotiate Contract terms with the selected Vendor if the best interests of the ICN would be served.

2.1.4 During the term of the Contract, the ICN may require additional capacity. Vendor shall permit ICN to add additional capacity during the term of the Contract. The additional capacity shall not extend the length of the term of the Lease Agreement.

2.2 Additional Cost Items Not In Contract. ICN is unaware of any additional Contract terms that would add cost. Notwithstanding, should any Contract items arise that would cost additional monies; those costs shall be borne by the Vendor.

2.3 Equipment Delivery Schedule. The equipment shall be delivered as agreed upon between the successful Vendor and the ICN.

2.4 Installation and Implementation. Upon award of a Contract, the ICN shall negotiate an installation and implementation schedule with the successful Vendor. Extended installation time periods may be considered when the extension is in the best interest of ICN.

2.4.1 Installation of the system shall be at the Vendor’s expense. Removal of the system upon cancellation or Contract completion shall also be at the Vendor’s expense. The Vendor shall be responsible for all equipment and service necessary for installation and removal of the system and shall provide a customer service representative. The Vendor shall be responsible for contacting the End Point(s).

2.4.2 The Vendor shall fully assume the risk of loss and/or damage during shipment, unloading and installation of the system.

2.4.3 The Vendor shall remove all packing crates, boxes, paper, packing materials and all other such extraneous material shall be removed from the premises at the Vendor’s expense after installation at each site.

2.4.4 The Vendor shall make no substitutions of materials or services specified without the prior written consent of the ICN.

2.4.5 The Vendor shall be responsible for the performance of any subcontractors who are retained by the Vendor in the performance of this Agreement.

2.4.6 The Vendor shall complete the installation necessary to provide Service to the Part III End Point not later than July 1, 2026. If the Vendor fails to make timely, substantial and material progress toward the completion of the installation necessary to provide Service to the Part III End Point, the ICN may, in its sole discretion, terminate the Agreement. In the event that the Vendor fails to complete the installation as required, and the ICN terminates the Agreement with the Vendor, the performance bond as required in Section 11 shall be forfeited to the ICN.

2.4.7 If the Vendor fails to complete installation of the Service by the date specified above, and the ICN elects to continue the Lease Agreement with the Vendor, the ICN may assess the Vendor liquidated damages in the amount of the monthly lease payment for each partial or complete month in which the Vendor fails to complete installation. The assessment may be deducted from the amount of the Vendor’s one time, nonrecurring costs which are due to the Vendor upon completion of the Service and testing and acceptance by the ICN.

2.4.8 Daily, during the installation period and upon completion of the work, the Vendor shall remove from the premises, to the satisfaction of the ICN, all debris and rubbish caused by the work. Immediately following installation, the Vendor shall provide the associated clean up per industry standards and to the reasonable satisfaction of the ICN.

2.4.9 Acceptance Tests: The Vendor shall certify to the ICN when the Service is ready for testing by the ICN and Vendor at the Part III End Point by contacting the ICN Service Desk at 800-572-3940 five (5) days prior for scheduling the acceptance testing with the ICN and shall participate in and cooperate with the ICN in completing testing prior to the ICN accepting Service. Should there be a failure during the test period to perform in accordance with the ICN’s specifications and the Vendor’s warranty during the test period, the ICN shall notify the Vendor of default under this agreement. The Vendor shall then have fifteen (15) days, or the amount of time remaining in the test period, whichever is greater, for cure of such default. The time allowed for cure of acceptance test failures shall not diminish or eliminate the Vendor’s liability for liquidated damages. The ICN may accept service prior to the expiration of the test period if the ICN provides the Vendor with a written notice of acceptance and waiver of the remainder of the test period. Within five (5) working days following completion of the testing at the Part III End Point, the ICN will notify the Vendor in writing of ICN’s acceptance of the Service to the Part III End Point or of its rejection of the Service to the Part III End Point. In the event that the ICN rejects the Part III End Point, the ICN shall set forth the reason(s) for rejection in sufficient detail for the Vendor to correct the cause of failure. If the ICN fails to provide the Vendor with the notice required under this provision, the Vendor shall notify the ICN in writing that the ICN has five (5) working days from the date of receipt of notification either to accept or to reject the Service at the Part III End Point or the Part III End Point shall be deemed accepted by the ICN on the sixth (6th) working day following the date of receipt of notification by the ICN.

2.4.10 The vendor shall exercise its best efforts to prevent damage to property of the ICN, the Part III End Point and others in the course of performing its obligations under this Agreement. The Vendor shall replace or pay replacement costs of any property damage by its operations. The Vendor shall restore damaged property to its condition prior to the damage at the sole expense of the Vendor. Such restoration shall be completed when judged satisfactory to the ICN.

2.4.11 The Vendor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

2.4.11.1 All employees on the job site and all other persons who may be affected thereby;

2.4.11.2 The public, including the ICN’s staff and employees and the staff, employees, students or others at the site of the Part III End Point;

2.4.11.3 All the work and all materials and equipment to be incorporated herein, whether in storage or on or off the site, under the care, custody or control of the Vendor or any of its subcontractors;

2.4.11.4 Materials, equipment, supplies or construction of other contractors; and

2.4.11.5 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other improvements and utilities not designated for removal, relocation or replacement in the course of construction.

2.4.12 All materials, equipment and supplies provided to the ICN must comply fully with all safety requirements as set forth by the Iowa Administrative Code, Rules of the Industrial Commission on Safety and all applicable OSHA Standards. When furnishing toxic or hazardous materials as defined in Subpart “Z” of U.S. Occupational Safety and Health Standards, the Vendor shall furnish the appropriate OSHA Form 20, “Materials Safety and Data Sheet,” for each such item furnished.

2.4.13 During the course of performing the obligations imposed on the Vendor under this Agreement, the Vendor shall be responsible for public and private protection while work is in process. Warning devices and/or signs shall b predominantly installed and displayed and shall comply with the aforesaid safety regulations.

2.4.14 In the event that the Vendor encounters toxic or hazardous materials in the performance of its obligations under this Agreement which are not caused by the Vendor’s fault or through its negligence, any resulting delays shall be considered to be beyond the reasonable control of the Vendor; and, if the toxic or hazardous materials are located on premises controlled by the ICN or the Part III End Point, the toxic or hazardous materials shall be removed or otherwise corrected by the ICN or the Part III End Point, and the Vendor shall have no obligation, responsibility or liability with respect to such materials.

CHAPTER 3

TECHNICAL SPECIFICATIONS

3.1 Scope. ICN will be accepting Bid Proposals for leased telecommunications service for Single Mode Dark Fiber Service or Ethernet Service which can be delivered by fiber based from Part III End Point locations to ICN Connection Point of Presence (CPOP) locations. Vendors are allowed to provide bids for any service options or for any combination of service options they wish. ICN, in its sole discretion, will determine which type of service it will use for each location and the duration of any resulting Contract for each location.

3.2 Criteria for Compliance.

3.2.1 Telecommunication Service Vendors may provide Bid Proposals at the current connection point or alternate connection point(s) (if listed), or both. The Part III End Point locations with their respective CPOP locations are listed in Tab 4A for Single Mode Dark Fiber Service, Tab 4B for Ethernet Service.

3.2.2 Telecommunication Service Vendors providing Bid Proposals for Single Mode Dark Fiber Service are required to provide monthly pricing for, 6 year, 10 year and 20-year term length options.

3.2.3 Telecommunication Service Vendors providing Ethernet Service are required to provide per month pricing for 3 year and 5 year term length options.

3.2.3.1 3- year pricing for Ethernet options.

3.2.3.1.1 Monthly price for 100mb service

3.2.3.1.2 Monthly price for 200mb service

3.2.3.1.3 Monthly price for 500mb service

3.2.3.1.4 Monthly price for 1000mb service

3.2.3.1.5 Monthly price for 10gig service

3.2.3.2 5-year pricing for Ethernet options.

3.2.3.2.1 Monthly price for 100mb service

3.2.3.2.2 Monthly price for 200mb service

3.2.3.2.3 Monthly price for 500mb service

3.2.3.2.4 Monthly price for 1000mb service

3.2.3.2.5 Monthly price for 10gig service

3.2.4 Telecommunication Service Vendors may provide an alternative or equal solution and pricing per month if Single Mode Dark Fiber Service, Ethernet Service isn’t available.

3.2.5 The ICN, in its sole discretion, will determine which type of service and the term length of service it will use for each location.

3.2.6 Telecommunication Service Vendor may bid any or all sites.

3.2.7 Telecommunication Service Vendor is encouraged, but not required, to combine Ethernet Service from multiple Part III End Point locations that are assigned to the same ICN CPOP location, to be delivered to the CPOP on a single transport system to the ICN CPOP location from a Vendor hub location. (“Requirement Understood” is an acceptable answer to this requirement.)

3.2.8 Telecommunication Service Vendor must be able to provide service by July 1, 2026.

3.3 Requirements. The purpose of this Section is to identify the requirements and conditions a Bid Proposal must fulfill. The Telecommunication Service Vendor must provide a positive statement of compliance to each of the requirements listed in Sections 3.3.1 through 3.3.10 as it applies to the service type and complete the Bid Proposal Submittal Form 4 and Tab 4A for Dark Fiber Optic Cable Service; Tab 4B Ethernet Service.

3.3.1 It is the responsibility of the Telecommunication Service Vendor to perform and pay all cost associated with the installation of the service, all future locates of fiber facilities if applicable, any relocates of the fiber Service if applicable any maintenance and repairs, including lightning damage, of the Telecommunication Service (fiber, antennas, towers and any associated equipment providing the service).

3.3.2 Telecommunication Service Vendor shall adhere to a backup power requirement for their transport equipment such that a commercial power outage will not impact service for a minimum of 4 hours.

3.3.2.1 The service provided by the ICN to the Part III location has a backup power standard of 4 hours, and this applies to service provided by the Telecommunication Service Vendor as well. The requirement can be satisfied in multiple ways.

3.3.2.1.1 At some locations, the ICN has a small DC power plant available. It is possible the ICN could provide excess capacity to the Telecommunication Service Vendor, however it is the responsibility of the Telecommunication Service Vendor to review power capacity with ICN Operations/Engineering on capacity and requirements for each site along with their intended transport equipment specifications to accomplish this requirement.

3.3.2.1.2 The Telecommunication Service Vendor shall provide their own DC powered transport and provide their own DC backup power system.

3.3.2.1.2.1 All sites listed in the Site Location are DC powered sites

3.3.2.1.3 The Telecommunication Service Vendor can provide AC powered transport equipment powered through a Vendor supplied UPS capable of meeting the 4 hour backup power requirement.

3.3.2.1.4 Backup batteries must be properly maintained over time to continually achieve the 4 hour backup power requirement.

3.3.3 Telecommunication Service Vendor shall at all times, maintain all parts of the Telecommunication Service equipment in good condition and repair throughout the term of the Capacity Agreement and any extension thereof so as to provide service to the ICN and the Part III End Point on an uninterrupted basis. During the term of the Capacity Agreement and any extension thereof, the Vendor, at its sole expense, shall maintain, repair or replace any and all of its equipment, hardware, software, cable, batteries or other materials necessary to provide service to the ICN.

3.3.4 Telecommunication Service Vendor is required to follow ICN Change Control Standards prior to performing maintenance of Vendors Telecommunication Service equipment or cable that is providing the service to the ICN. ICN Change Control Standards will be provided to the Vendor awarded a contract.

3.3.5 Telecommunication Service Vendor shall limit any interruption of service for the purpose of preventive maintenance, repairs or upgrading the Service to periods of minimum use by the ICN and the Part III End Point. Vendor shall develop and adopt a preventive and routine maintenance schedule for the Telecommunication Service, which is subject to approval by the ICN. Any preventive or routine maintenance shall be performed by Vendor in accordance with the schedule adopted unless Vendor obtains the ICN’s prior written approval to deviate from the adopted schedule.

3.3.6 Telecommunication Service Vendor shall notify the ICN Service Desk and the Part III End Point of any significant interruption in the operation of the Telecommunication Service. For purposes of this Section, “significant interruption” means an interruption in service for duration of ten (10) consecutive minutes or longer. When the ICN or the Part III End Point first discovers or learns about an interruption in service, the Vendor shall commence repair to the Telecommunication Service to correct the interruption in service immediately and shall complete repairs necessary to restore the service to operation within four (4) hours from the time of discovery or notification by the ICN or the Part III End Point to the Vendor. In the event that the Vendor is unable to restore the service within two (2) hours of discovery or notification, it shall escalate its internal procedures for restoring the service. Vendor shall at all times, keep and maintain a service interruption log, which shall be available for inspection by the ICN.

3.3.7 In the event that service to the ICN and the Part III End Point is interrupted for reasons including but not limited to, equipment malfunction or failure, severed cable, repairs or maintenance to the service, or negligence of the Telecommunication Service Vendor, its subcontractors, agents or employees, for a period of time which exceeds four (4) hours from the date and time of notification to the Vendor, the ICN shall impose disincentives as described in Section 5 of Attachment 1. For service interruptions do to severed or damaged fiber optic cable, a maximum period of six (6) hours from the time of service interruption to restoration is acceptable prior to imposing the disincentives described in Section 5. In all cases, once the service interruption is resolved, the Vendor shall inform the ICN Service Desk that the issue has been resolved and give the solution for resolving the incident.

3.3.7.1 Service Credits

3.3.7.1.1 Service Interruptions, including, but not limited to, equipment malfunction or failure, repairs or maintenance to the Single Mode Dark Fiber Service, Ethernet Service or negligence of the Vendor, its subcontractors, agents or employees, for a period of time which exceeds four (4) hours from the date and time of notification to the Vendor of a service interruption, or 6 hours due to a fiber cut, shall result in a Service Credit equal to one (1) day of Single Mode Dark Fiber/Ethernet Service computed as 1/30 of the Monthly Charge;

3.3.7.1.2 For each twenty-four hour period in which service is interrupted as stated above, the ICN will withhold an additional one thirtieth (1/30th) of the monthly lease amount.

3.3.7.1.3 Service interruptions at a single location deemed to be chronic, which is defined as more than 3 incidents of service interruption of any duration in a single twenty-four hour period, shall result in a Service Credit equal to one (1) day of Single Mode Dark Fiber/Ethernet Service computed as 1/30 of the hly Charge.

3.3.7.1.4 Service Credits due to ICN will be applied to the next scheduled hly invoice issued by Vendor and ICN; however, if the Service Credit is applied to the last h Single Mode Dark Fiber/Ethernet Service under this Agreement, Vendor will pay the amount of the Service Credit to ICN with 30 days of the termination of this Agreement.

3.3.8 During the term of the Capacity Agreement and any extension thereof, the Telecommunication Service Vendor agrees that it shall not take any action, which would or does impair the operation of the service obtained by the ICN. The Vendor further agrees that, during the term of the Agreement or any extension thereof, it will not take any action, which would or does impair the capacity or bandwidth of the service obtained by the ICN, except for routine and preventive maintenance of the service as described above.

3.3.9 Single Mode Dark Fiber Service.

3.3.9.1 Single Mode Dark Fiber Service Requirements

3.3.9.1.1 The Single Mode Dark Fiber Service shall be One (1) Pair (2 fibers) of Single Mode Fiber that complies with ITU-T G652 specifications from the Part III end-point to the ICN CPOP.

3.3.9.1.2 The End-to-End distance of the fiber, from the Part III End Point location to the ICN CPOP location, must be less than 23.2 miles (37.1 km).

3.3.9.1.3 The End-to-End span loss of the fiber, from the Part III End Point Location to the ICN CPOP location, must be less than/equal to .39dbm/km at the 1310nm wavelength and less than/equal to .25dbm/km at the 1550nm wavelength.

3.3.9.1.4 Telecommunication Service Vendor fiber cable shall be installed in compliance with current Telecommunications Industry Standards/Practices and all applicable local building and electrical codes.

3.3.9.1.5 Telecommunication Service Vendor outside plant fiber cable must be terminated in a Telecom Standard Fiber Termination Panel (FTP), Wall Mount Type with FC/PC or SC termination connectors (location of the wall in FOTS room to be assigned by ICN). The FC bulkhead connector in the Vendor wall will be considered the Demarcation Point of the Single Mode Dark Fiber Service.

3.3.9.1.6 Telecommunication Service Vendor outside plant cable field splices shall be of fusion type, with less than .10db of loss per field splice. No mechanical type field splices are allowed.

3.3.9.1.7 Telecommunication Service Vendor shall provide to the ICN the as-built documentation of the fiber path route and distance (in feet and kilometer), the field splice point locations and the Optical Time Domain Reflectometer (OTDR) fiber traces showing the bi-directional end-to-end span loss for both 1310 and 1550nm wavelengths of the fiber.

3.3.9.1.8 Telecommunication Service Vendor shall be responsible for obtaining all applicable permits and right of way access for any new fiber construction.

3.3.9.1.9 Telecommunication Service Vendor shall be responsible for all of the maintenance aspects of the fiber cable.

3.3.9.1.10 Telecommunication Service Vendor shall exercise its best efforts to prevent damage to property of the ICN, the Part III End Point and others in the course of performing its obligations under this Agreement. The Vendor shall replace or pay replacement costs of any property damage by its operations, by Vendor, its officers, employees, agents, contractors, or subcontractors. The Vendor shall restore damaged property to its condition prior to the damage at the sold expense of the Vendor.

3.3.9.1.11 Telecommunication Service Vendor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to;

3.3.9.1.11.1 All employees on the job site and all other persons who may be affected thereby;

3.3.9.1.11.2 The public, including the ICN’s staff and employees and the staff, employees, students or others at the site of the Part III End Point;

3.3.9.1.11.3 All the work and all materials and equipment to be incorporated herein, whether in storage or on or off the site, under the care, custody or control of the Vendor or any of its subcontractors;

3.3.9.1.11.4 Materials, equipment, supplies or construction of other contractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other improvements and utilities not designated for removal, relocation or replacement in the course of construction.

3.3.9.1.12 All materials, equipment and supplies provided to the ICN must comply fully with the all safety requirements as set forth by the Administrative Code, Rules of the ustrial Commission on Safety and all applicable A Standards. When furnishing toxic or hazardous materials as defined in the Subpart “Z” of Occupational Safety and Health Standards, the Vendor shall furnish the appropriate A Form 20, “Materials Safety and Data Sheet,” for each such item furnished.

3.3.9.1.13 The Telecommunications Service Provider during the course of performing the obligations imposed on the Vendor under this Agreement, the Vendor shall be responsible for public and private protection while work is in process. Warning devices and/or signs shall be predominantly installed and displayed and shall comply with the aforesaid safety regulations.

3.3.9.1.14 In the event that the Telecommunication Service Provider encounters toxic or hazardous materials in the performance of its obligations under this Agreement which are not caused by the Vendor’s fault or through its negligence, any resulting ays shall be considered to be beyond the reasonable control of the Vendor; and, if the toxic or hazardous materials are located on the premises controlled by the ICN or the Part III End Point, the toxic or hazardous materials shall be removed or otherwise corrected by the ICN or the Part III End Point, and the Vendor shall have no obligation, responsibility or liability with respect to such materials.

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