REQUEST FOR PROPOSALS DEPLOYMENT STANDARDS … · b Email: [email protected] All...

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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

Transcript of REQUEST FOR PROPOSALS DEPLOYMENT STANDARDS … · b Email: [email protected] All...

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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

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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

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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.

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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: [email protected] 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 [email protected] with the following information:

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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.

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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

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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.

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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: [email protected].

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

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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

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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.

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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;

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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.

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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

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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

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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;

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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).

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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;

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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.

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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

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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.

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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.

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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

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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.

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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

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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.

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DSI Pilot Projects RFP – 5 October 2010 26

SCHEDULE 3

Project by Project Specifications

See attached.

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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: [email protected].

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 [email protected]) 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 - [email protected] - 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.