CITY OF MEMPHISREQUEST FOR PROPOSAL#52148City of Memphis Information Technology DivisionDisaster Recovery Data Center Colocation FacilityDate Issued: March 2, 2021Proposal Submission Deadline: March 31, 20211
CONTENTS1. OVERVIEW .41.1 GENERAL CONDITIONS .41.2 OBJECTIVE .52. SCOPE OF SERVICES .62.1 SCOPE .62.2 PROPOSED FACILITY REQUIREMENTS.62.3 INSURANCE REQUIREMENTS .72.4 DURATION .73.4.PROPOSAL RESPONSE .83.1COVER LETTER .83.2NON-COLLUSION AFFIDAVIT .83.3PROPOSED FACILITY INFORMATION .93.4PRICING .9INSTRUCTIONS ON RFP PROCESS .104.1USE OF INFORMATION .104.2PRINCIPAL CONTACT AND INFORMATION REQUESTS .104.3SCHEDULE OF ACTIVITIES .104.4PRE-SUBMITTAL CONFERENCE .114.5INITIAL QUESTIONS SUBMISSION, FINAL QUESTIONS SUBMISSION .114.6PROPOSAL SUBMISSIONS .124.7FINALIST SELECTIONS (OPTIONAL) .144.8RECIPIENT PRESENTATIONS (OPTIONAL) .144.9CONTRACT AWARD .154.10PROTESTS .154.11MODIFICATION OR TERMINATION OF RFP PROCESS .154.12SUPPLEMENTAL INFORMATION .15
22.214.171.124NO REPRESENTATIONS OR WARRANTIES .164.14PROPOSAL PREPARATION COSTS .16EVALUATION MODEL .175.1QUALIFYING PROPOSALS .175.2EVALUATION OF QUALIFYING PROPOSALS .17RFP TERMS AND CONDITIONS .18EXHIBITS.21EXHIBIT 1 – PROPOSER QUESTIONS TEMPLATE .21EXHIBIT 2 – NON-COLLUSION AFFIDAVIT .22EXHIBIT 3 – CITY OF MEMPHIS SERVICE AGREEMENT SAMPLE CONTRACT .25
1. OVERVIEW1.1 GENERAL CONDITIONSThe following data is intended to form the basis for submission of proposals to provide aDisaster Recovery Data Center Colocation FacilityThis material contains general conditions for the procurement process, the scope of service requested,contract requirements, instructions for submissions of proposals, and submission forms that must beincluded in the proposal. The RFP should be read in its entirety before preparing the proposal. Allmaterials submitted pursuant to this RFP shall become the property of the City of Memphis.To the extent permitted by law, all documents pertaining to this Request for Proposals shall be keptconfidential, to the extent necessary for review, until the proposal evaluation is complete. Noinformation about any submission of proposals shall be released until the process is complete, exceptto the members of the Evaluation Committee established by the City and other appropriate designatedCity staff. All information provided shall be considered by the Evaluation Committee in making arecommendation to enter into an agreement with the selected consultant.Any inquiries, suggestions or requests concerning interpretation, clarification or additional informationpertaining to the RFP shall be made in accordance with the requirements listed in Section 4.5 InitialQuestions Submission, Final Questions Submission. The City of Memphis is not responsible for oralinterpretations given by any City employee, representative, or others. The issuance of written addendais the only official method whereby interpretation, clarification, or additional information can begiven. Any questions or concerns not submitted by the stated time and date will be deemedwaived.If any addenda are issued to this Request for Proposals, the Purchasing Division will post them to theCity's website at https://www.memphistn.gov/business/rfps-rfqs/. Submitting organizations are stronglyencouraged to view this website often to see if addenda are posted. Failure of any proposer to receivesuch addendum or interpretation shall not relieve such Proposer from any obligation under his proposalas submitted. All addenda so issued shall become part of the Contract Documents.The City of Memphis reserves the right to (a) accept or reject any and/or all submissions of proposals;(b) to waive irregularities, informalities, and technicalities; and (c) to accept any alternative submission ofproposals presented which, in its opinion, would best serve the interests of the City. The City shall bethe sole judge of the proposals, and the resulting negotiated agreement that is in its best interest,and its decision shall be final. The City also reserves the right to make such investigation as it deemsnecessary to determine the ability of any submitting entity to perform the work or service requested.Information the City deems necessary to make this determination shall be provided by the submittingentity. Such information may include, but is not limited to, current financial statements by an
independent CPA, verification of availability of equipment and personnel, and past performancerecords.1.2 OBJECTIVEThe City of Memphis is looking for a technology partner to house the City of Memphis Disaster RecoveryData Center Facility. This RFP is driven by the City of Memphis Disaster Recovery Plan that has basicrequirements for the City’s IT Business Continuity strategy. Due to the nature of the data stored andprocessed, this facility must be a physical location that meets the specific criteria listed in section 2.2.
2. SCOPE OF SERVICES2.1 SCOPEThe City of Memphis is looking for a technology partner to house the City of Memphis Disaster RecoveryData Center Facility. This RFP is driven by the City of Memphis Disaster Recovery Plan that has basicrequirements for the City’s IT Business Continuity strategy. Due to the nature of the data stored andprocessed, this facility must be a physical location that meets the specific criteria listed in section 126.96.36.199 PROPOSED FACILITY REQUIREMENTS1. Colocation Facility Requirements:a. Physical location of the facility must be East of the Mississippi River.b. Physical location of the facility must be no less than 200 miles (via Interstate Travel) andno more than 300 miles (via Interstate Travel) from the City of Memphis measured fromthe 38103 zip code.c. Facility must be at a minimum Tier 3 Certified by the Uptime Institute.d. Facility must provide 24-hour:i. Site Access for:1. Approved City of Memphis Personnel2. 3rd Party vendors approved by the City of Memphisii. Manned Securityiii. Shipping/Receiving accesse. Facility must have customer accessible conference rooms and work spaces/desks.f. Facility Power Requirements:i. N 1 Generator Backupii. N 1 UPS systemsiii. Dual UPS feeds to all cabinetsiv. 24-hour on-site fuel storageg. Facility Cooling Requirements:i. N 1 Coolingii. Hot Aisle Containmenth. Facility Security Requirements:i. Perimeter Fencingii. 24/7/365 manned security deskiii. Vehicle Gateiv. Secure Customer Lockersv. Layered security from the building perimeter to each cabinetvi. Video Surveillance of perimeter, ingress/egress, office area, data hall, andcabinetsvii. Secure customer equipment storagei. Facility Connectivity Requirements:i. Carrier Neutralii. Private connectivity to public cloud providersiii. Can support potential connections up to 100Gb
2. City of Memphis Colocation Facility footprint requirements:a. Private cage with secure accessb. 4 x 48U Racks with right of first refusal on 2 additional adjacent racksc. 2 Racks with up to 8kW Monitored Poweri. 208VAC @ 30A Three-Phase Power (A B, both UPS protected)d. 2 Racks with up to 2kW Monitored Poweri. 208VAC @ 30A Three-Phase Power (A B, both UPS protected)e. 2Gb (symmetric) Dedicated Internet Accessf. /30 block of IPv4 addresses with VRRP protectiong. Guaranteed work space (desk(s) or conference room) for up to 2 City of Memphispersonnel upon request2.3 INSURANCE REQUIREMENTSInsurance requirements for this project are listed at the end of the sample contract.2.4 DURATIONDuration of the initial contract will be for a period of 36 to 60 months (initial period), with the start dateto be agreed upon by the parties and noted in the contract resulting from this RFP. Options shall existto extend the contract for two (2) additional one-year periods. The exact “initial period” will bedetermined during the contract negotiation period.
3. PROPOSAL RESPONSEThis Section describes the contents of Proposer’s Proposal and provides an outline of how theProposer should organize it. Proposer’s Proposal will not be considered responsive unless it fullycomplies with the requirements in this Section, as well as the additional instructions provided inSection 4.6 regarding the required Proposal formats and submission process.Specifically, Proposer’s Proposal shall include each of the sections referenced in the table below.The preferred method of submittal is in a three-ring binder with tabbed sections. Therequirements for each of these Proposal sections are described in more detail in this Section.PROPOSER'S PROPOSAL WILL BE DISQUALIFIED FROM THIS RFP PROCESS IF THE PROPOSER FAILSTO CONFORM TO THE PROPOSAL INSTRUCTIONS IN THIS SECTION.Sections and TopicsSection 1 – Cover LetterSection 2 – Non-Collusion AffidavitSection 3 – Proposed Facility InformationSection 4 – Pricing3.1 COVER LETTERProposer’s Proposal shall contain a cover letter acknowledging Proposer's understanding of the RFPprocess and requirements set forth in this RFP, including its commitment to its Proposal. The coverletter shall be signed by an authorized representative of Proposer's company.Provide agency’s name, address, web address, telephone and fax numbers. Please include name, titleand e-mail address of the individual who will serve as agency’s primary contact. Describe your agency’sownership.3.2 NON-COLLUSION AFFIDAVITPlease use the form provided in Exhibit 2.
3.3 PROPOSED FACILITY INFORMATIONUsing Section 2.2 Proposed Facility Requirements as a guide, please describe the physical location of thefacility and the security that protects the facility. Provide network availability statistics with the serviceprovider, what ISP carriers are available at the facility. Are there any value-added services that have notbeen requested previously? Geographic location criteria is being judged on ease of commute fromMemphis, TN, access to major highways, nearby hotels, distance from primary data center located inMemphis, as described in the requirements, and geographic risks (will the facility be reachable andaccessible during a major natural disaster or other event?). List all ISP carriers that currently provideservice to the facility.3.4 PRICINGProposer shall provide pricing in this section.Duration of the initial contract will be for a period of 36 to 60 months (initial period), with the start dateto be agreed upon by the parties and noted in the contract resulting from this RFP. Options shall existto extend the contract for two (2) additional one-year periods. The exact “initial period” will bedetermined during the contract negotiation period. The initial 36-months shall be at a fixed rate. Ifpricing is to change after the initial 36-month fixed rate period, the successful vendor must provide theCity with a minimum six-month notice.Submit monthly rental fee for the proposed location/site (please note what is included in this fee).Please list any other fees not included with the monthly rental fee, such as utility fees, initial connectionfee, deposit fee, etc.
4. INSTRUCTIONS ON RFP PROCESS4.1 USE OF INFORMATIONAll correspondence about this RFP and the Initiative should be limited to the Principal Contact listed inSection 4.2 or other designated City personnel or agents.4.2 PRINCIPAL CONTACT AND INFORMATION REQUESTSTim Boyles is the single point of contact (the “Principal Contact”) for all matters relating to this RFP.Proposer should direct all inquiries to the Principal Contact at:firstname.lastname@example.orgProposer should not, under any circumstances, contact any City personnel (including senior Citymanagement or City employees with whom Proposer has an existing business or personal relationship)to discuss this RFP without the Principal Contact’s prior written consent. Utmost discretion is expectedof Proposer and all other RFP recipients. Any recipient attempting to circumvent this process will riskelimination from further participation in the bidding process.4.3 SCHEDULE OF ACTIVITIES In order to accelerate the business transformation, service improvements and cost savings theCity anticipates, the City has developed an estimated timeline for this Initiative. The City willmove as quickly and efficiently as possible to determine the feasibility of each Proposer’sProposal and to move forward with term sheet discussions and ultimately conclude anagreement accordingly.As a result, the City requests that Proposer make a dedicated team available to participate in theproposal development and evaluation processes as necessary to participate in the activities andmeet the deadlines provided in the table below.It is the City’s option to conduct interviews with finalists. However, in no way is the Cityobligated to interview finalists.The City reserves the right to modify or update this schedule at any point in time.
In no event shall the deadline for submission of the proposal be changed except by writtenmodification by the City of Memphis Purchasing Department.ActivityDatePublish RFPMarch 2, 2021Proposer Questions DeadlineMarch 12, 2021City Response to QuestionsMarch 19, 2021Proposal Submission DeadlineMarch 31, 2021Finalist Selections – OptionalTBDFinalist Presentations – Optional (City’s Discretion)TBDNegotiationsApril/May 2021 (Tentative)Agreement FinalizationApril/May 2021 (Tentative)Several of the activities identified in the above table are described in more detail in the remainder ofthis Section 4.4.4 PRE-SUBMITTAL CONFERENCENo Pre-Submittal Conference is scheduled for this RFP.4.5 INITIAL QUESTIONS SUBMISSION, FINAL QUESTIONS SUBMISSIONProposer may submit an initial set of questions based on its review of this RFP, by adhering to theformat template provided in Exhibit 1 and submitted as an attached WORD document or as part of thebody of the email (no pdf documents), and sending it via email by 5:00 pm on the date listed in Section4.3 Schedule of Activities. Questions received after this time and date will not be answered. This emailshould be sent to the individual(s) listed in Section 4.2 Principal Contacts and Information Requests, withthe subject heading: “Your company’s name – RFP #XXXXX - RFP Name – Questions”. The City will postthe responses to the questions on the City’s web site on or before the date listed in Section 4.3 Scheduleof Activities. To ensure the fair and consistent distribution of information, no individual answers will begiven. The only official answer or position of the City will be the one posted via the City's website. Anyquestions or concerns not submitted by the stated time and date will be deemed waived.
4.6 PROPOSAL SUBMISSIONSPROPOSAL SUBMISSION AND DUE DATEProposer shall submit, in a sealed packet, one (1) original (clearly marked on the outside of the binder as“ORIGINAL”), seven (7) complete printed copies, and two (2) CDs or thumb drives containing softcopiesof its entire Proposal (including the signed Cover Letters) on or before the date specified in Section 4.3Schedule of Activities, to the addressee provided below:USPS (or other common carrier)City of MemphisPurchasing Department, Room 354125 N. Main StreetMemphis, TN 38103Hand DeliveryCity of MemphisMain Lobby – Bid Drop Box125 N. Main StreetMemphis, TN 38103The label should identify the contents as:Your company name & address.RFP Title, RFP #XXXXX.PROPOSALS SUBMITTED AFTER THE DEADLINE OR WHICH STATE THAT INFORMATION WILL BEPROVIDED ‘AT A LATER DATE’, OR WHICH ARE OTHERWISE INCOMPLETE OR FAIL TO COMPLY WITHTHE REQUIREMENTS SET FORTH IN THIS RFP WILL BE DISQUALIFIED FROM PARTICIPATION IN THIS RFPPROCESS.Proposals may not be amended after the submission deadline.Notwithstanding any legends on the proposal or any other statements to the contrary, all materialssubmitted in connection with proposer’s response to this RFP will become the property of the City andmay be returned only at the City’s option.PROPOSAL FORMATThe City expects the Proposal to be a compilation of various documents, in particular becauseProposer’s Proposal must utilize the RFP response templates, if provided, set forth in the Exhibits in thisRFP.Proposer shall use Microsoft Office file formats in preparing its Proposal to the maximum extentpossible. All pages should be formatted to print on 8 ½” x 11” paper, unless another format is providedby the response template. Proposer responses should be specific, factual, brief and to the point.PROPOSAL EXPIRATION DATEProposals in response to this RFP shall remain valid for six (6) months from the Proposal due date. TheCity may request an extension of time if needed.
PROPOSER DATAThe confidentiality of information and data contained in the firm of contractor’s Proposal shall besubject to and governed by the Open Records Act and any other Public Records laws with which the Cityis legally obligated to comply (including a Freedom of Information Act Request under “FOIA”).Deadline ExtensionThe City reserves the right to extend the submission deadline, if such action is considered necessary bythe City.Ambiguity, Conflict, or other Errors in the RFPIf a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, it shallimmediately notify, in writing e-mail, the City of such error and request modification or clarification ofthe document. The Proposer shall include the RFP number, page number and the applicable paragraphtitle. The City will issue/post any revisions to the RFP on the City's website (www.memphistn.gov). TheProposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in theRequest for Proposals prior to submitting the proposal or any ambiguity, conflict, discrepancy, etc. shallbe waived.Failed CompetitionThe City reserves the right to reject any or all proposals which are not responsive to the specifications ofthis Request for Proposal (RFP). Competitive negotiation requires that at least two responsive proposalsfor the same scope of work and service area be received in response to the RFP. A competition isconsidered failed if only one responsive proposal is received. If a competition has been declared failed,the City then has the option to reopen the procurement or enter into a non-competitive procurement.Withdrawing or Amending a ProposalAt any time prior to the scheduled deadline for receipt of proposals, the Proposer may withdraw oramend its proposal by submitting a written request from the authorized representative whose nameand signature appears on the proposal. A written request to withdraw or amend the proposal must besubmitted to the individual and address to whom/which the proposal was submitted in accordance withthe section above titled "PROPOSAL SUBMISSION AND DUE DATE."Acceptance/Rejection of ProposalsThe City reserves the right to accept or reject, in whole or in part, any or all proposals submitted. TheCity shall reject the proposal of any Proposer that is determined to be non-responsive.Informalities/Minor IrregularitiesThe City reserves the right to waive minor irregularities or informalities in a Proposer’s proposal whenthe City determines that it will be in City’s best interest to do so. Any such waiver shall not modify any
remaining RFP specifications or excuse the Proposer from full compliance with the RFP specificationsand other contract requirements if the Proposer is awarded the contract.Proposer indebted to the CityNo contract will be knowingly awarded to any organization which, in the City's sole discretion, is inarrears to the City of Memphis upon any debt or contract, or which is a defaulter as surety or otherwiseunder any obligations to the City of Memphis, or which has failed to perform faithfully on any previouscontract with the City of Memphis.Tax PaymentsThe City of Memphis is exempt from federal excise, state and local taxes on all purchases and will issuetax exemption certificates, upon request.4.7 FINALIST SELECTIONS (OPTIONAL)The City may select a number of the RFP respondents who will be asked to give an oral presentation ofits proposal to the City. However the City is not obligated to interview any finalist. If interviews areconducted, these providers will be selected based on an evaluation of their Proposals against the criteriadescribed in Section 5 of this RFP. RFP recipients that are not selected to progress to the oralpresentations likely will be excluded from further consideration.For this reason, Proposer is strongly encouraged to make as complete and compelling a Proposal aspossible. The RFP recipient who fails to comply risks being dropped from further consideration withouthaving an opportunity to improve its offer.4.8 RECIPIENT PRESENTATIONS (OPTIONAL)Details pertaining to the oral presentation phase of the RFP process will be confirmed after Proposalsubmission, however the presentations are tentatively scheduled to begin on the date listed in Section4.3 Schedule of Activities.If Proposer is one of the RFP recipients asked to give an oral presentation, Proposer should prepare acomprehensive presentation that concentrates on the business and technical aspects of the Proposal,and should not be marketing discussions. PROPOSER’S PROPOSAL WILL NOT BE ALTERED ORENHANCED DURING THE ORAL PRESENTATION.Appropriate visual and written materials are expected, but the format will be left to the discretion of theProposer.The City may provide a last minute agenda or other direction for the Proposer’s presentation based onthe City's initial review of the Proposals.
4.9 CONTRACT AWARDThe award of contract will be made on the basis of the best proposal, as solely determined by the City,which meets the requirements and criteria set forth in the solicitation. The City will only acceptproposals for the services requested. The proposal submitted in response to this solicitation is not alegally binding document; however, the contract, which will be based on information provided in theproposal, becomes legally binding once all parties have signed it. Any contract resulting from this RFPshall be subject to the City of Memphis General Terms and Conditions set forth in this solicitation andany additional terms imposed by City. The successful Contractor shall be required to execute thecontract originated by the City of Memphis and satisfy all contract requirements as specified by the City.One or more contracts may be awarded under this RFP, and any contract awards and amounts aresubject to the availability and appropriation of funds.4.10PROTESTSAny protest of award must be filed in writing with the Purchasing Agent within five (5) calendar days ofthe award announcement at the following address, or via email (Tim Boyles –Tim.Boyles@memphistn.gov):City of Memphis Purchasing Agent:125 North Main, Room 354, Memphis, Tennessee 38103.4.11MODIFICATION OR TERMINATION OF RFP PROCESSSubject to the rules and regulations of the City's Procurement Office, including with respect to providingnotification and, where applicable, providing the opportunity to revise proposals, the City reserves theright to, in its sole discretion, discontinue, amend, supplement, or otherwise change this RFP, theinitiative, the process used for evaluation, and the expected timeline at any time and for any reason,and makes no commitments, implied or otherwise, that this process will result in a business transactionwith any provider.4.12SUPPLEMENTAL INFORMATIONIf, subsequent to issuance of this RFP, additional relevant material is produced by or becomes availableto the City, such material will (where appropriate) be transmitted to all RFP participants for theirconsideration. The City will make modifications by issuing a written addendum, which will be posted onthe City's website. Any revisions to the solicitation will be made only by an addendum issued by the City.It is the responsibility of the Proposer to check the website for possible addenda and should considersuch information in its Proposal. The City will assume that all changes or additional requirementstransmitted have been taken into account in Proposer’s Proposal (including with respect to pricing),unless otherwise specified.
4.13NO REPRESENTATIONS OR WARRANTIESThe City makes no representations or warranties regarding the accuracy or completeness of theinformation contained in this RFP or otherwise provided by the City through the RFP process. Proposer isresponsible for making its own evaluation of information and data contained in this RFP or otherwiseprovided by the City, and for preparing and submitting responses to the RFP. The City has attempted tovalidate the information provided in this RFP, but it is possible that Proposer may detect inconsistenciesor potential errors. While Proposer should identify these potential issues in its questions or in anappendix to its Proposal, Proposer should use the information provided on an “as‐is” basis for its initialProposal. Information regarding the City and the Initiative may be revised or updated, and republishedfor inclusion in a final response.4.14PROPOSAL PREPARATION COSTSProposer will be responsible for all costs it incurs in connection with this RFP process (including but notlimited to Proposal preparation, personnel time, travel‐related costs, and other expenses) and anysubsequent agreement negotiations.
5. EVALUATION MODEL5.1 QUALIFYING PROPOSALSCity will review each submitted Proposal to determine whether it is a Qualifying Proposal. A QualifyingProposal is one that meets all of the criteria set forth below. All Proposals that ARE NOT a QualifyingProposal will be disqualified from this RFP process. A Qualifying Proposal is a Proposal that: Was submitted (in the form and format required) by the due date as specified in Section4.6.Conforms to the requirements of the RFP (as outlined in Section 3).5.2 EVALUATION OF QUALIFY
The City of Memphis is looking for a technology partner to house the City of Memphis Disaster Recovery Data Center Facility. This RFP is driven by the City of Memphis Disaster Recovery Plan that has basic requirements for the ity's IT usiness ontinuity strategy. Due to the nature of the data stored and
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