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DSI Pilot Projects RFP – 5 October 2010 1
REQUEST FOR PROPOSALS
DEPLOYMENT STANDARDS INITIATIVE
1 INTRODUCTION
1.1 Purpose of RFP: The purpose of this Request for Proposals (RFP) is:
a To select a supplier or suppliers to pilot selected fibre deployment techniques in New Zealand as described in Schedule 3 (the Pilot Projects) in order to:
i. enable the investigation of various fibre deployment techniques,
through in situ pilots at multiple locations;
ii. enhance the process of creation and evaluation of deployment
standards;
iii. assist Local Fibre Companies formed under the Ultra Fast Broadband initiative (UFB) and providers selected under the Rural Broadband Initiative (RBI) (together Respondents) in evaluating
the viability of various deployment techniques;
iv. facilitate a greater understanding of the cost drivers of those
deployment techniques;
v. provide more substantive quantification of how these techniques
influence rates of deployment;
vi. assist corridor managers in evaluating the feasibility, robustness
and durability of those deployment techniques for the purpose of
their long term maintenance obligations; and
vii. permit the early deployment of fibre.
1.2 Background:
a The Deployment Standards Initiative (DSI) is a joint project being developed by the Ministry of Economic Development (MED), Crown Fibre
Holdings Limited (CFH) and the Digital Auckland Working Party (DAWP)
(together DSI Governance Group) as part of the complementary
initiatives being pursued by the Government in support of the UFB and
RBI.
b A risk to the execution and timetable for the rollout of the UFB and the
RBI is the wide diversity of standards and codes relating to utilities
DSI Pilot Projects RFP – 5 October 2010 2
deployment which currently apply across the country. Utilities operators
currently face a challenging and protracted process to navigate the regionally and nationally varying web of standards and codes that apply
to utilities deployment.
c The purpose of the DSI project is to encourage fast, efficient, cost-
effective, whilst at the same time responsible, fibre roll-out by
implementing consistent nationwide standards of practice for the deployment of fibre in transport corridors, including standards to apply to
alternative deployment technologies. There are proven technologies
currently available and in use overseas, which are capable of reducing the deployment cost per premise passed – for example mini and micro
trenching.
d It is intended that the DSI project will produce a set of nationwide fibre
deployment standards enabling a range of deployment techniques,
balancing the desirability of deployment cost reductions with the long term maintenance obligations of corridor managers. The standards will
include consistent rules and processes to be applied by all utility
operators and corridor managers in relation to fibre deployment.
e The standards will be developed following widespread engagement with
utility operators, corridor mangers and others likely to be affected by the standards. The resulting standards will be delivered in a form suitable for
inclusion in the Utilities Code.
1.3 Structure of this RFP document:
Section Description
1. Introduction Provides an introduction to the RFP
2. RFP administration Includes response information and the RFP
timetable
3. Requirements Provides a description of the DSI Governance
Group’s requirements for the Pilot Projects that
are required as part of this RFP
4. Evaluation criteria Provides an overview of the evaluation criteria
that the DSI Governance Group will use when
assessing proposals
5. RFP terms and conditions Sets out the rules that apply to this RFP
Schedule 1 (Format for proposal) Details the information needed from a Tenderer
DSI Pilot Projects RFP – 5 October 2010 3
and the required format for its proposal
Schedule 2 (General Pilot Project
Specifications)
Defines the common specifications to be
delivered by all Pilot Projects
Schedule 3 (Project by Project
Specifications)
Defines the precise specifications for each Pilot
Project including the individual Data Set to be
delivered for each Pilot Project
Schedule 4 (Upload Instructions) Details the instructions for uploading proposals
and completed Data Sets
1.4 What Tenderers need to do: A supplier who intends to respond to this RFP (a Tenderer) will need to prepare and submit a proposal to the DSI
Governance Group that complies with the requirements detailed in this RFP by
the Closing Date.
DSI Pilot Projects RFP – 5 October 2010 4
2 RFP ADMINISTRATION
2.1 Due date for proposals:
a Proposals made in response to this RFP are due by 26 October 2010, 5pm (Closing Date).
b The DSI Governance Group reserves the right at its sole discretion to
extend the closing date for proposals on written notice to all Tenderers.
2.2 Format of proposals:
a Proposals must be provided in the format set out in Schedule 1. If proposals for more than one Pilot Project are to be submitted then the
form set out in Schedule 1 must be completed for each Pilot Project.
b Each proposal must be signed for and on behalf of the Tenderer by a
person who has the authority to represent the Tenderer.
2.3 Delivery of proposals:
a One electronic copy of the response saved in Microsoft Word is to be delivered to the DSI Governance Group on or before the Closing Date by
uploading in accordance with the process set out in Schedule 4.
b The file size of a Tenderer’s response must be no greater than 100Mb.
c Provided 2.3(a) is complied with, a hard copy of the proposal may also be provided.
2.4 Enquiries and communications:
a All communications relating to this RFP, or requests for clarification or
further information, should be directed in writing to:
b Email: deploymentstandards@med.govt.nz All requests for clarification or
further information must be made prior to 18 October 2010, by 5pm.
Any requests for clarification or further information received after this time
and date may not be responded to at the DSI Governance Group’s sole
discretion. All requests for clarification must be in writing.
c The DSI Governance Group reserves the right to circulate any
clarification or further information provided to one Tenderer to all other recipients of this RFP.
d Any party who wishes to participate in a Pilot Project but does not wish to assemble its own consortium for the purposes of responding to this RFP may declare its availability to participate by sending an email to deploymentstandards@med.govt.nz with the following information:
DSI Pilot Projects RFP – 5 October 2010 5
i. organisation name; ii. contact person; iii. contact details; iv. an indication of which Pilot Project or Pilot Projects the party wishes
to participate in; v. a description of the facilities, skills, assets and/or technologies
which could be made available to participate in that Pilot Project or Pilot Projects; and
vi. a declaration of its relationship (if any) with any Respondent, being a party which has been shortlisted under the Invitation to Participate for the UFB initiative or which is bidding to participate in the Rural Broadband Initiative.
The contents of emails which comply with the above criteria will be posted on the Government Electronic Tenders Service website (www.gets.govt.nz) (GETS). Parties wishing to form a consortium to
reply to this RFP may then contact directly any party whose contact information is posted on the GETS website.
e A Tenderer must not contact the staff or management of MED, CFH or DAWP in relation to this RFP, other than in accordance with this section
2.4. Unauthorised communication with staff or management of MED,
CFH or DAWP in relation to this RFP may, at the DSI Governance Group’s sole discretion, lead to disqualification of the Tenderer from this
RFP process.
2.5 Timetable:
a The following indicative timetable of key events is provided as a guide to Tenderers:
Event Target Date
Issue of RFP documentation
4 October 2010
Contract form posted on GETS website 8 October 2010 Closing date for RFP questions 18 October 2010 Due date for proposals 26 October 2010 Select & Announce Piloting Parties 5 November 2010 Contract negotiations finalised & contract signed 12 November 2010 Pilots commence 19 November 2010 Pilots completed 31 January 2011
b The DSI Governance Group reserves the right to alter the timetable at its
sole discretion on written notice to all Tenderers.
DSI Pilot Projects RFP – 5 October 2010 6
3 REQUIREMENTS
3.1 Pilot Project Proposals
This RFP seeks proposals in relation to seven individual Pilot Projects. The
specifications for each Pilot Project are set out in Schedule 2 and Schedule 3.
Tenderers are invited to submit proposals in relation to any 1 or more of the defined Pilot Projects. There is no limit to the number of Pilot Projects a party
may submit a response for. However, a separate response for each Pilot
Project is required. Each proposal must be in the format specified in Schedule 1.
3.2 Context:
a The selection of Pilot Projects to be trialled and the specifications for
each have been developed taking into account the following:
i. feedback from the parties who submitted feedback and expressions
of interest in relation to MED’s Proposal for Comment – Deployment Standards Initiative dated June 2010;
ii. the degree to which each deployment technique and its variations is considered ‘proven technology’ either in New Zealand or overseas.
The Pilot Projects are not about experimenting with unproven
technologies but rather proving the local viability of already established techniques;
iii. the extent to which a particular deployment technique and its variations are likely to be used in UFB and RBI deployments; and
iv. input from specialists in the industry.
b Not included in this RFP is a component of the DSI project that involves
indoor laboratory testing of deployment techniques. That process will operate in parallel with the Pilot Projects. The data set delivered from that
process will be used to:
i. enhance the process of creation and evaluation of deployment
standards;
ii. assist Respondents in evaluating the viability of those deployment
techniques as part of finalising their respective bids and deployment
costings;
iii. facilitate a greater understanding of the cost drivers of those
deployment techniques; and
DSI Pilot Projects RFP – 5 October 2010 7
iv. assist corridor managers in evaluating the feasibility, robustness
and durability of those deployment techniques for the purpose of their long term maintenance obligations.
It is expected that most of the issues relating to the long term impact of new deployment technologies on corridor infrastructure will be examined
as part of the indoor laboratory testing process rather than as part of the
Pilot Projects.
c Tenderers should also be aware that a further parallel component of the
DSI project involves economic analysis comparing the available deployment options, including installation costs plus future risk costs, to
determine the economic value of various deployment techniques. The
data output from the Pilot Projects will be one input into that analysis.
3.3 Specifications:
a Delivery: Each Pilot Project must be delivered precisely in accordance
with the specifications set out in Schedule 2 and Schedule 3.
b Data Set: A fundamental obligation of each successful Tenderer (referred
to as the Piloting Party) is the delivery of the data set defined in Schedule 2 and Schedule 3 (together Data Set). The purpose of the Data
Set is to:
i. provide parties who have not participated in a particular Pilot
Project with enough detail about that Pilot Project to enable them to
evaluate the viability of that deployment technique for the purpose of finalising as part of their respective UFB or RBI bids;
ii. enhance the process of creation and evaluation of deployment standards;
iii. facilitate a greater understanding of the cost drivers of those deployment techniques; and
iv. assist corridor managers in evaluating the feasibility, robustness and durability of those deployment techniques for the purpose of
their long term maintenance obligations.
It is vital that each Piloting Party complies precisely with its obligations to
deliver a complete Data Set in a timely manner, as prescribed in
Schedule 2 and Schedule 3. The final contract signed with each Piloting Party will contain indemnities, audit and other provisions relating to
delivery of the Data Set that reflects the importance of compliance with
this condition.
DSI Pilot Projects RFP – 5 October 2010 8
For the avoidance of doubt, the Data Set for each Pilot Project will be
made available to any party requesting a copy.
c Reporting: It is an important aspect of each Pilot Project that interested
parties are given the opportunity to observe and stay up to date with the progress of each Pilot Project while it proceeds. For this purpose, each
proposal must include a plan for how interested parties can view each
Pilot Project while it is in progress. This plan must include (at a minimum):
i. The delivery of weekly written updates of progress including
achievement against milestones and any significant opportunities or impediments that have been identified. These updates are to be
delivered to: deploymentstandards@med.govt.nz.
ii. Regular opportunities for site visits by interested parties. The
Piloting Party is responsible for ensuring the safety of all visitors to
the site.
d Audit and Video: To ensure transparency and wide exposure to each
Pilot Project for the benefit of any interested parties, the DSI Governance Group will be conducting audits during each Pilot Project. These audits
will be carried out during the phase of each Pilot Project involving the
physical works. An agent of the DSI Governance Group will visit the site of each Pilot Project at random intervals during the physical works and
record data. Part of the data recorded will include the shooting of video
footage of the physical works. That video footage will be posted on a publically available website. The nominated agent of the DSI Governance
Group for this purpose will be granted full and unrestricted access to the
site of each Pilot Project during the physical works. The Piloting Party is responsible for ensuring the safety of all visitors to the site.
3.4 Timeline:
The DSI Governance Group is intending that the Pilot Projects commence as
soon as possible and, in any event, no later than 19 November 2010. The DSI Governance Group is intending that Pilot Projects be completed as soon as
possible, in any event, no later than 31 January 2011. A proposal must include
a timeline including commencement and completion dates as well as indicative milestones. Any risks to the nominated timeline should be clearly identified in
the proposal as well as linkages and dependencies with other aspects of the
project.
3.5 Consortia:
Each Tenderer is expected to make its own arrangements with other parties to
enable delivery of the Pilot Project. These parties are expected to include the
DSI Pilot Projects RFP – 5 October 2010 9
relevant corridor manager for the Pilot Project, the contractor who will execute
the physical works and the provider of any technologies, equipment or consumables required to deliver the Pilot Project. A proposal must specify the
names of all parties who are participating with the Tenderer in the delivery of
the Pilot Project together with a description of their respective roles, capabilities and experience. Any party who wishes to participate in a Pilot Project but does
not wish to assemble its own consortium for the purposes of responding to this
RFP may declare its availability to participate in 1 or more Pilot Projects in accordance with the procedure set out in clause 2.4(d) above.
3.6 Commercial Arrangements:
The commercial arrangements for this RFP comprise the following elements:
1. Price for Pilot Project
A proposal must include an individual price for each Pilot Project selected by the Tenderer (Pilot Price). The Pilot Price must include the cost of all
works associated with delivering the completed Pilot Project in accordance
with the specifications set out in Schedule 2 and Schedule 3. For the avoidance of doubt, a Tenderer can pick and choose which Pilot Project it
wishes to tender for. Where more than one Pilot Project is selected by the
Tenderer, a separate Pilot Price for each Pilot Project must be submitted.
Each Piloting Party will receive a small contribution to its Pilot Project from
the DSI Governance Group in an amount to be advised . This will be paid to the Piloting Party within 20 days of the delivery of a complete Data Set in
accordance with the requirements set out in Schedule 2 and Schedule 3.
For the avoidance of doubt, no contribution will be paid unless the Data Set delivery requirements of Schedule 2 and Schedule 3 have been precisely
met.
2. Consenting for Pilot Projects
It is the responsibility of individual Tenderers to procure any consents necessary to enable execution of their Pilot Project. These consents may
be procured on whatever terms the Tenderer is able to negotiate. The DSI
Governance Group will not participate in procuring consents for Pilot Projects.
3. Administrative Contribution
A contribution to the overall cost of managing the DSI project will be
recovered from the Piloting Parties. This will include the costs of indoor lab testing, financial modelling, standards development and supporting project
management and administration. This will take the form of a contribution
equal to 6% of the Pilot Price from each Pilot Project. This will be payable to
DSI Pilot Projects RFP – 5 October 2010 10
MED by each Piloting Party at the time of signing of the final contract for
each Pilot Project.
4. Treatment of Completed Pilot Project
At the conclusion of each Pilot Project, the Piloting Party for that Pilot
Project will offer the first opportunity to purchase the fibre assets created by
the completed Pilot Project to the party that is selected to deploy fibre under the UFB or RBI initiatives (as the case maybe) in the area in which the completed Pilot Project resides (Deployment Party).
The purchase price will be negotiated between the Deployment Party and
the Piloting Party but shall be no greater than the Pilot Price. The non price
terms will be as agreed between the parties. If the Deployment Party does not wish to take up this opportunity or, is unable to agree terms with the
Piloting Party, then the Piloting Party may retain or dispose of the fibre
assets created by the Pilot Project.
DSI Pilot Projects RFP – 5 October 2010 11
4 EVALUATION CRITERIA
4.1 The DSI Governance Group will evaluate each proposal on how well it meets
the requirements of this RFP.
4.2 Factors that the DSI Governance Group may take into consideration in
evaluating each proposal include (without limit):
a Requirements:
i. the completeness, quality and robustness of the proposal and the
response to subsequent requests for additional information;
ii. ability to meet the requirements and specifications described in this
RFP;
iii. demonstrated experience in executing similar projects;
iv. the experience and reputation of the direct provider of the underlying pilot technology;
v. the maturity of the underlying pilot technology;
vi. any proven capability and experience in the deployment
techniques;
vii. access to the technology required to execute each Pilot Project;
and
viii. the use of any alternative or ancillary technologies as part of the
Pilot Project.
b Pricing:
i. best value for money for the DSI Governance Group; and
ii. the scale of the Pilot Project in relation to the Pilot Price;
c Organisation:
i. organisational structure, professional standing, financial stability
and reputation;
ii. capability, competence, expertise and qualifications of key
personnel; and
iii. the experience and capability of the Tenderer’s partners;
DSI Pilot Projects RFP – 5 October 2010 12
d Location:
the geographical location of each Pilot Project in relation to each other Pilot Project. The DSI Governance Group will seek to allocate Pilot
Projects in a way that achieves geographic diversity across the portfolio
of Pilot Projects; and
e Form of contract:
the Tenderer’s acceptance or otherwise of the form of contract to be posted on the GETS website on 8 October 2010 (Agreement).
These evaluation criteria are only a guide. They are not in any particular order
of priority nor exhaustive and will not necessarily be accorded equal weight.
DSI Pilot Projects RFP – 5 October 2010 13
5 RFP TERMS AND CONDITIONS
5.1 Acceptance of RFP terms and conditions: Tenderers must submit their
proposals in accordance with the terms of this RFP. All proposals are to be submitted by the Tenderer on the basis that they remain open for consideration
by the DSI Governance Group for a minimum period of 60 days after the
Closing Date or such later date as may be mutually agreed.
5.2 Status of RFP:
a Neither the RFP nor the RFP process shall create any contractual,
tortious (including in negligence), equitable or other obligation on the DSI
Governance Group or on any of its members, or any right in favour of a Tenderer that is enforceable against the DSI Governance Group or any of
its members (in particular, and without limit, this RFP is deemed not to be
a contractual offer nor does it otherwise create a process contract).
b No contract shall arise between the DSI Governance Group contracting
party and a Piloting Party until a formal written contract is signed with the relevant Piloting Party covering the subject matter of this RFP.
c If there is any conflict or inconsistency between the terms and conditions set out in this RFP and the terms contained in a Tenderer’s proposal, the
terms and conditions set out in this RFP shall prevail.
5.3 Form of contract: The Agreement that will apply to each Pilot Project will be
posted on the GETS website on 8 October 2010. Unless flagged by a Tenderer
in their response, each Tenderer will be deemed to have accepted the form of the Agreement. To avoid doubt, a Tenderer’s acceptance or otherwise of the
terms of the Agreement is one of the criteria the DSI Governance Group will
take into account when evaluating its response. The DSI Governance Group reserves the right to make further amendments to the Agreement arising from
negotiations with a Piloting Party .
5.4 Confidentiality:
a Information about this RFP that is provided on the Government Electronic Tenders Service website (www.gets.govt.nz) is subject to Crown
copyright protection unless otherwise indicated. The Crown copyright
protected material may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the
material being reproduced accurately and not being used in a misleading
context. Where the material is being published or issued to others, the source and copyright status must be acknowledged. The permission to
reproduce Crown copyright protected material does not extend to any
material on the Government Electronic Tenders Service website that is
DSI Pilot Projects RFP – 5 October 2010 14
identified as being the copyright of a third party. Authorisation to
reproduce such material must be obtained from the copyright holders concerned.
b If a Tenderer wishes to have commercially sensitive information in its proposal treated as confidential, the Tenderer must identify that
information as “Commercial In Confidence”. It is though not acceptable to
identify the entire proposal as “Commercial In Confidence”.
c Each member of the DSI Governance Group agrees not to communicate
or disclose any commercially sensitive information supplied by Tenderers in their proposals to any third parties, other than to their respective
employees, agents, contractors and/or consultants (on a “need to know”
basis for the purpose of evaluating the proposals) except as required by law or where the member considers the information should be released
under the Official Information Act 1982.
d CFH and MED will take into account that information is identified as
“Commercial In Confidence” when responding to requests under the
Official Information Act. CFH and MED cannot, however, guarantee that information marked “Commercial In Confidence” can or will be protected if
CFH or MED receives a request for information under that Act or if CFH
or MED is otherwise obliged by law to disclose such information (and the latter applies to DAWP as well). If a request for the information is made to
CFH or MED under the Official Information Act or if either receives notice
that they may be legally required to provide the information, the Tenderer who provided the information will be consulted before decisions are made
in relation to that request or requirement.
e All communications and negotiations under the RFP process or other
events occurring during it, are confidential to the DSI Governance Group
and the Tenderers. Information relating to the examination, clarification, evaluation and comparison of proposals and the recommendations for
selection of the Tenderers (including, without limit, communication with
referees) is confidential to the DSI Governance Group and will not be required to be disclosed to Tenderers or any third parties not officially
concerned with the process.
f A Tenderer (or any other related party) shall not make any public
statements regarding this RFP or the awarding of a contract for the
supply of a Pilot Project without the prior written consent of the DSI Governance Group.
5.5 Collection of information: Each Tenderer authorises the DSI Governance
Group to collect any information from the Tenderer and relevant third parties
DSI Pilot Projects RFP – 5 October 2010 15
(such as referees) and to use that information as part of its evaluation of the
Tenderer’s proposal.
5.6 Conflicts of interest: Each Tenderer must disclose any conflict of interest in
relation to the matters covered by this RFP. This includes, without limitation, disclosing if the Tenderer is or expects to be contracted to provide services to
or for the benefit of a participant in CFH’s partner selection process for the UFB
Initiative in the event that participant is selected to partner with CFH in that process. For the avoidance of doubt, whether or not a party replies to this RFP
or is selected as a Piloting Party will not be a determinant of whether the party
is invited to contract for the UFB or RBI initiatives.
5.7 Ownership of response documents:
a The proposals submitted to the DSI Governance Group in response to
this RFP shall be retained by the DSI Governance Group.
b Intellectual property in a Tenderer’s proposal to the RFP will not pass to
the DSI Governance Group. However, by submitting a proposal, each
Tenderer licenses the DSI Governance Group at no cost to use, copy, adapt, modify and reproduce its response for the purpose of evaluating its
response and any resulting negotiation.
5.8 Information complete and accurate: By submitting a proposal, each
Tenderer warrants that all information provided by it to the DSI Governance
Group, in or in relation to its response is complete and accurate in all material respects. Each Tenderer also warrants to the DSI Governance Group that the
provision of that information to the DSI Governance Group, and the use of it by
the DSI Governance Group for the evaluation of its proposal and for any resulting negotiation, will not breach any third party intellectual property rights.
5.9 Tenderers to inform themselves:
a The DSI Governance Group makes no representation and gives no
warranty as to the accuracy or completeness of any information it has or will provide in connection with the RFP process. The DSI Governance
Group accepts no liability for any errors in any statements made or data
provided in the course of proposal preparation, within the RFP itself or subsequent negotiations and each Tenderer must rely on its own
inquiries.
b Each Tenderer is considered to have:
i. examined this RFP and any other information made available by the DSI Governance Group for the purposes of responding;
DSI Pilot Projects RFP – 5 October 2010 16
ii. examined all further information which is obtainable by the making
of reasonable inquiries relevant to the risks, contingencies and other circumstances having an effect on its proposal;
iii. made its own evaluation of such information; and
iv. satisfied itself as to the correctness and sufficiency of its proposal
including proposed prices and cost savings.
5.10 Costs: Each Tenderer shall be responsible for all costs associated with
preparing and submitting its proposal, including the costs associated with negotiating a contract with the DSI Governance Group contracting party if it is a
Piloting Party.
5.11 Prices and GST:
a All prices included in a proposal shall be deemed to include all direct, indirect and ancillary charges and costs associated with the Pilot Projects
(other than GST) and must include all charges required to meet the
requirements set out in this RFP.
b All prices in each proposal should be stated as exclusive of GST and in
New Zealand dollars. Allowance should be made for the upcoming increase in the GST rate.
5.12 Joint responses: Tenderers may submit joint proposal provided that the
requirements of this RFP are met. See further information in relation to
consortia in section 3.5 above.
5.13 Alternative responses: A Tenderer may submit more than one proposal to
the RFP, on the condition that the primary proposal is a conforming proposal.
Where a Tenderer submits more than one proposal, the Tenderer must ensure that the primary proposal is marked as such. The DSI Governance Group
encourages innovation and welcomes alternative proposals from Tenderers.
Alternative responses, if submitted, should identify the value added for the DSI Governance Group. Where a separate non-conforming proposal is submitted,
that non-conforming proposal will be treated as a separate proposal in the
evaluation of responses. However, the DSI Governance Group reserves the right at its sole discretion not to evaluate alternative proposals.
5.14 Notification of RFP outcome:
a The DSI Governance Group will notify the successful Tenderer(s) (if any)
in writing that they have been selected as Piloting Parties to proceed to the negotiation phase. The award of the RFP will be published on the
Government Electronic Tenders Service website (www.gets.govt.nz).
DSI Pilot Projects RFP – 5 October 2010 17
b The DSI Governance Group will notify all unsuccessful Tenderers in
writing that their proposals have not been successful.
5.15 Notice generally: The DSI Governance Group will satisfy its obligation under
the RFP to provide notice or other information to all Tenderers by publishing that notice or information on the GETS website.
5.16 Exclusion of liability: To the extent permitted by law, each member of the
DSI Governance Group, the Crown (including, without limit, Ministers and
MED) and MED’s, CFH’s and DAWP’s employees, subcontractors and agents
will not be directly or indirectly liable (whether in contract, tort or otherwise) for any damage, loss or cost arising from or in connection with this RFP.
5.17 Rights reserved: Despite any other provision in this RFP, the DSI
Governance Group reserves the right in its sole discretion to:
a reject all or any of the proposals and not award or accept the lowest or any response;
b accept or reject any late proposal. Where the DSI Governance Group accepts a late response it will do so in accordance with good practice and
with consideration of whether this would cause unfair advantage or
disadvantage;
c evaluate and accept or reject non-conforming proposals, and waive any
irregularities or failure by a Tenderer to comply with any of the requirements set out in this RFP;
d apply, or change, and give whatever weighting it wishes to, any policy or criteria relating to the participation in this RFP or any subsequent process
or evaluation of proposals (including, without limit, to the evaluation
criteria) and otherwise evaluate responses as it sees fit;
e accept part of a proposal from any Tenderer;
f accept more than one proposal in respect of parts of the RFP;
g award contracts to one or more Tenderers;
h accept alternative proposals;
i exclude any Tenderer at any time from the RFP for any reason;
j contact, liaise, negotiate or contract with any Tenderer who submits a proposal (to the exclusion of other Tenderers) at any time and upon any
terms and conditions;
DSI Pilot Projects RFP – 5 October 2010 18
k seek further details or clarification from a Tenderer about any aspect of its
proposals, provided that the DSI Governance Group will not be obliged to seek the same details or clarification from each Tenderer;
l take account of any other relevant information that the DSI Governance Group may have in its possession and to make enquiries of any person to
assist it in the evaluation process;
m amend or withdraw all or any part of the RFP on written notice to all
Tenderers;
n suspend or cancel the RFP process on written notice to all Tenderers;
o re-advertise for proposals;
p extend the closing date for proposals on written notice to all Tenderers;
and
q conduct the RFP in such manner as it sees fit
5.18 Governing law: This RFP is governed by New Zealand law and each
Tenderer submits to the non-exclusive jurisdiction of the New Zealand courts
as to all matters relating to this RFP.
DSI Pilot Projects RFP – 5 October 2010 19
SCHEDULE 1
FORMAT FOR PROPOSAL
1. Legal Name Of Tenderer
2. Company Number (If Applicable)
3. Contact Person Name:
Title:
Address:
Phone:
Email:
4. Request For Proposal Having read and understood the RFP, the Tenderer listed in 1 above agrees to the terms and conditions set out in the RFP.
5. Contracting Entity Full Legal Name:
Signed By/For Tenderer
Signature:____________________________
Name: ______________________________
Title: _______________________________
Date:________________________________
Section Section description Proposal
6 Requirements A detailed proposal is required for each requirement.
1. Describe your capability and experience, including your core skills, systems and technology relevant to the delivery of the Pilot Project.
2. Describe your experience in the provision of similar services to customers.
4. Explain your approach to the relationship with customers, and with other third parties, as may be required.
5. Detail how you will deliver the Pilot Project.
7 Specifications: Insert detailed proposal including a
confirmation of delivery in accordance with
Schedule 2 and Schedule 3. Specify the scale selected in relation to each variation within the
DSI Pilot Projects RFP – 5 October 2010 20
Pilot Project.
8 Pilot Price: Insert Pilot Price together with any assumptions, conditions or qualifications.
9 Timeline: Insert proposed timeline including commencement and completion dates as well
as indicative milestones. Any risks to the
nominated timeline should be clearly identified (see section 3.3).
10 Reporting: Insert a detailed description of your proposed reporting structure (see section 3.2(a)(iii)).
11 Consortia: For joint proposals, detail here the names of
each party and their respective roles, capabilities and experience (see section 3.4).
12 Commercial arrangements:
Insert here a confirmation of agreement to the commercial arrangements (see section 3.5).
13 Conflicts of interest: Describe any conflicts of interest that arise in relation to the matters covered in this RFP (see
section 5.6).
14 Preliminary Draft of
Intended Architecture
Describe in accordance with item 3 of
Schedule 2.
15 Agreement Indicate any changes that you require to the Agreement.
Your acceptance or otherwise of the Agreement is one of the criteria the DSI
Governance Group will take into account when
evaluating your proposal.
DSI Pilot Projects RFP – 5 October 2010 21
SCHEDULE 2
General Pilot Project Specifications
These general requirements apply to all Pilot Projects.
1. Viability
Each Pilot Project must connect 2 points in an existing or future network. To effect
this, a Tenderer may elect to incorporate its Pilot Project into a larger network
deployment. In that case, the proposal (including the Pilot Price) must relate only to that part of the overall deployment that complies with the specifications for that Pilot
Project set out in this Schedule 2 and Schedule 3.
2. Connection to Premises
With the exception of Pilot Projects 5 and 7, as well as the communal infrastructure, each Pilot Project must deliver connections to the premise boundary for no less than
the minimum number of connections specified in Schedule 3.
However, to enhance the viability potential of each Pilot Project, Tenderers are
offered the option of including in their proposal connections all the way to the
premise. The DSI Governance Group would encourage this but is not mandating it. In that case:
a. a Tenderer is free to elect to connect some or all of the premises passed from the boundary to the premise;
b. Tenderers are encouraged to apply techniques and specifications outside those specified for that Pilot Project in this Schedule 2 and Schedule 3 to
effect the connections from the boundary to the premise. In particular, the
DSI Governance Group encourages the piloting of the following
technologies from the boundary to the premise: i. micro trenching;
ii. insertion into potable water or storm water pipes; and
iii. fenceline deployment techniques; and c. the proposal should detail precisely how and how many connections from
boundary to premise of each type are to be effected.
Both the communal infrastructure and the connections to the premise boundary must
apply the same technology and build specifications as set out in this Schedule 2 and
Schedule 3. Where a Tenderer does not consider that this is practical, the Tenderer should state their reasons for this view in their proposal and set out in detail the
alternative they propose.
DSI Pilot Projects RFP – 5 October 2010 22
For each Pilot Project other than Pilot Projects 5 and 7, the Tenderer is to design
their architecture in such a way that delivers the connection to the premise boundary to a location which is as close as possible to any existing telecommunications conduit
delivering services from the boundary to the premise. In addition, Tenderers for each
of these Pilot Projects are encouraged to include road crossings in their design for at least a portion of the premises to be connected to the boundary.
In the case of Pilot Projects 5 and 7, provision for connections to premises should be handled in accordance with the Schedule 3 specifications.
For each Pilot Project, the Tenderer is to nominate in its proposal the method by which the connections are to be protected to enable ease of access for later
connection to the premise. 3. Architecture
Each Piloting Party may select its preferred architecture for its Pilot Project provided that it complies with the specifications set out in this Schedule 2 and Schedule 3. A
preliminary draft of the intended architecture and layout (including a drawing) is to be
provided in electronic format as part of the proposal. The drawing file type should be dxf, dwg or shp. A pdf file is not acceptable.
4. Ducting
Each Piloting Party may select its preferred ducting for its Pilot Project. The duct shall
be a proprietary duct specifically manufactured for the deployment of fibre. An outer sheath of polyethylene is anticipated, and alternatives should be nominated for
approval. The Piloting Party must provide the specifications of the ducting deployed
as part of the Data Set.
5. Fibre
Each Piloting Party may select its preferred fibre for its Pilot Project, however it is
recommended that fibre be selected which is appropriate for use by the Respondent
for the Pilot Project region. The fibre must comply with ITU-T specification G.652D and be deployed in a manner consistent with ITU-T specification G.984.2. Each Pilot
Project will be designed in such a way as to be capable of delivering 2 fibres for each
and every premise passed in distribution and feeder plant . The fibre that is deployed as part of each Pilot Project must be tested and certified by the Piloting Party once
the physical works have been completed. As a minimum, end-to-end attenuation and
optical time-domain reflectometer tests should be carried out to measure the installed performance of a cable system and its components. Attenuation testing must be
completed for a full 12 hour working day from 7am to 7pm and optical loss budget
shall be no greater than 25 decibels. The contractor shall state to which standards
DSI Pilot Projects RFP – 5 October 2010 23
the certification has been carried out. Test results shall form part of the Data Set. The
Piloting Party must provide the specifications of the fibre deployed as part of the Data Set.
6. Planning Data Requirements
Each Piloting Party is required to provide documentation for the proposed Pilot
Project including layout, network performance (e.g. fibre specification, etc) and other design details. This is to be provided before the commencement of the physical
works for each Pilot Project.
The layout shall be provided in dxf, dwg or shp format and include property
boundaries, physical features (eg trees, retaining walls, etc), existing services, road
layout, and other relevant information.
7. Data Set Delivery
The deployment testing required by Schedule 2 and Schedule 3 must be completed
within 7 days of the completion of the physical works for that Pilot Project. The Data
Set for each Pilot Project must be delivered within 7 days of the completion of the required deployment testing and, in any event, no later than 31 January 2011. Each
Piloting Party is required to deliver a complete Data Set precisely as defined in this
Schedule 2 and Schedule 3 including as built drawings.
Each Piloting Party is required to deliver As Built drawings in electronic form. As Built
drawings can be submitted in dxf, dwg or shp format. Completed Data Sets are to be delivered in NZ Transverse Mercator – Datum 2000 coordinates. The accuracy of
location should be +/- 0.1m in the horizontal and +/- 0.05m in the vertical direction.
Completed Data Sets are to be provided in accordance with the process set out in
Schedule 4.
8. Reporting of Lessons
It is likely that during each Pilot Project, the Piloting Party will learn from the deployment and may develop machinery, technology or processes that will enhance
the speed or efficiency of the deployment. As part of the final Data Set delivered for
each Pilot Project, the Piloting Party will describe all lessons learned and all machinery, technology and processes which have been developed as part of the
Pilot Project to a level of detail that will enable a party other than the Piloting Party to
learn from those lessons and replicate that machinery, technology and processes.
9. TLA RAMM data
TLA RAMM data including all available attributes is to be provided to cover the extent
of the Pilot Project route.
DSI Pilot Projects RFP – 5 October 2010 24
10. Insertion into existing underground pipes
For Pilot Project 7, all asset data relating to the carrier service is to be provided in
dxf, dwg or shp format.
11. Consenting
For the avoidance of doubt, notwithstanding the requirements for the Pilot Project set
out in this Schedule 2 and Schedule 3, each Piloting Party shall seek corridor
manager approval for all works. The specifications of the Pilot Projects set out in Schedule 3, for example the cover requirements, shall not be interpreted as
preapproved or accepted by any corridor manager in any area. See section 3.6 for
further information on the approach that is expected in relation to consenting.
12. Other Services
Each Piloting Party will outline processes it intends to use to identify other services to
minimise strikes.
Each Piloting Party will take appropriate steps to avoid striking other services during
the physical works phase of its Pilot Project. If, during a Pilot Project, any other
services are struck then the Piloting Party will provide the following information as part of the Data Set:
a. Details of what was struck; b. A detailed explanation of why the strike occurred; c. An estimate of the time that was lost or the additional time that was
required in dealing with the strike including working with the party or parties affected;
d. An estimate of the cost to remedy the strike; e. On a scale of 1 to 10 (with 1 being very low and 10 being very high) the
likelihood of strike using the method of deployment specified in relation to that Pilot Project; and
f. Suggestions as to how that strike risk could be reduced. Examples of this might include changes to work practices or the use of ancillary technologies (such as ground penetrating radar).
13. Mob Up Time
As part of the Data Set, each Piloting Party will include detailed information about the time required to deploy gangs and equipment before the physical works for the Pilot Project commence.
14. Alternative and Ancillary Technologies
The DSI Governance Group is receptive to proposals which propose the use of
alternative technologies as part of the execution of a Pilot Project. Alternative
DSI Pilot Projects RFP – 5 October 2010 25
technologies which are not contemplated by the Pilot Project definitions in Schedule
3 will be considered. However, to be considered those technologies must be considered ‘proven technology’ either in New Zealand or overseas. The Pilot Projects
are not about experimenting with unproven technologies but rather proving the local
viability of already established techniques.
In addition, the DSI Governance Group will be receptive to proposals which propose
the use of ancillary technologies as part of the execution of a Pilot Project. Examples of these might include the use of ground penetrating radar and the use of fibre testing
technologies. Favourable consideration will be given to proposals which incorporate
such ancillary technologies.
15. Pilot Project Variations
For the avoidance of doubt, for each Pilot Project, each and every variation specified in Schedule 3 for that Pilot Project is to be delivered by the Piloting Party. For example, if Pilot 1 was selected, the Piloting Party is expected to deliver every variation of that Pilot Project including:
a. reinstatement of the road in traditional, permeable foam concrete, and other (contractor nominated);
b. reinstatement of the footpath in traditional, permeable foam concrete, and other (contractor nominated); and
c. reinstatement of the berm in traditional and other (contractor nominated).
Proposals which do not include each and every variation for the Pilot Project
nominated by the tenderer will not be considered.
DSI Pilot Projects RFP – 5 October 2010 26
SCHEDULE 3
Project by Project Specifications
See attached.
DSI Pilot Projects RFP – 5 October 2010 27
SCHEDULE 4
Secure File Transfer Facility
Tenderers must submit their proposals and Piloting Parties must submit their Data Sets using this electronic facility:
https://filesubmission.crownfibre.govt.nz
Key things to note:
1. The facility allows users to upload one document at a time in a secure and confidential manner.
2. The maximum file size for each document is 100MB.
3. On first use of the facility, each user must sign up by registering their email addresses and creating a secure password. The password is set by the user directly. Files can then be uploaded directly whereupon a confirmation email will be sent back to users notifying them that the document has been received.
4. The address that the files will be sent to (which is the Recipient’s Email Address to input on the main page of Send A File) is: tenders2010@crownfibre.govt.nz.
5. Once registered, confirmation emails to you from the system are prone to being sent to your spam/junk email folder (they will be from alerts@sendtoperson.com) and need to be moved to your inbox before the activation can work (arrangements have been made for the use of sendtoperson.com as the secure file transfer provider).
The security features of the facility include:
1. You use your own email address and set your own secure password to register.
2. The designated address - tenders2010@crownfibre.govt.nz - is the only Recipient Email Address that will work (you are not able to send the files to another email address).
3. All files will be encrypted and are not able to be viewed by any party other than CFH, MED and DAWP.
Users may wish to test the facility by sending a test file ahead of submitting their
Proposal. Any issues should be directed in the first instance to Anna Verboeket,
Stakeholder Relations Manager, CFH.