REQUEST FOR PROPOSAL 2017000243 FirstNet Colorado Alternative Public Safety Broadband Network OIT Procurement and Offeror Services 601 East 18th Avenue, Suite 150 Denver, CO 80203 OIT_purchasing@state.co.us   Disclaimer: This RFP was prepared using funds from the State of Colorado - Governor’s Office of Information Technology. The statements, findings, conclusions, and recommendations are those of the author(s) and do not reflect the views of the National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce (DOC) or FirstNet.     1            TABLE OF CONTENTS REQUEST FOR PROPOSALS SIGNATURE PAGE SCHEDULE OF ACTIVITIES Section 1: Administrative Information Section 2: Background, Overview, and Requirements Section 3: Proposal Phases and Project Requirements and Questions Section 4: Offeror Response Format Section 5: Proposal Evaluation and Phases Review Criteria Section 6: Glossary ATTACHMENT A: Statewide Sample Design ATTACHMENT B: Existing Assets and Non-Disclosure Agreement (NDA) ATTACHMENT C: Initial Market Analysis ATTACHMENT D: Cost Proposal Return with Proposal in only Phase II ATTACHMENT F: Resources 2            REQUEST FOR PROPOSALS SIGNATURE PAGE RFP INFORMATION RFP #: #RFP 2017000243 TITLE: FirstNet Colorado Alternative Public Safety Broadband Network SUBMIT INQUIRIES & SEALED PROPOSALS TO: Governor’s Office of Information Technology (OIT) Procurement and Vendor Services Office 601 East 18th Avenue, Suite 180 Denver, CO 80203 Judy Giovanni, CPPB 303-764-7931 OIT_purchasing@state.co.us Submit one (1) Original copy, Two (2) electronic copies via USB, one 10 redacted and one original in a PDF format OFFERORS CONTACT INFORMATION COMPANY NAME: CONTACT: STREET PHONE: ADDRESS: CITY/STATE/ZIP: E-MAIL: FEIN: OFFEROR’S AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE: PRINTED NAME: Hard Copies TITLE: IMPORTANT The following information must be on the OUTSIDE of the sealed RFP response: RFP Number and RFP Submission Deadline RETURN THIS PAGE WITH YOUR RESPONSE 3            SCHEDULE OF ACTIVITIES ACTIVITY DATE/TIME (MDT) As posted on VSS (www.colorado.gov/vss) RFP Notice Published on VSS The earliest time OIT makes available information referenced in Attachment B when an executed NDA is provided Prospective Offerors Written Inquiry Deadline (No questions accepted after this date/time; e-mail preferred) April 3, 2017 9am MDT April 3, 2017 2:30pm MDT Answered on a rolling basis by April 10, 2017 Tuesday April 11, 2017 OIT Response to Written Inquiries Pre-Proposal Conference Bid/Proposal Submission Deadline 4pm MDT 10:00am MDT May 8, 2017 at 2:30pm Oral Presentations/Site Visits/Best and Final Offers 1 Notice of Award 1 Optional and to be determined To Be Determined (TBD) Initial Contract Period 2 TBD Thru TBD The resulting contract Initial Contract Term of ten (10) years with the option to extend three (3) five (5) year extensions, (or a combination of agreed upon years) for a total potential contract term of Twenty-Five (25) years. 1 Dates are estimated 2 Initial contract term and option years will be at the discretion of the State in any combination thereof 4            SECTION 1: ADMINISTRATIVE INFORMATION 1. ISSUING OFFICE This Request for Proposals (RFP) is issued by the State of Colorado, Governor’s Office of Information Technology (OIT), Procurement and Offeror Services Office, for the benefit of the State of Colorado (State). The OIT Procurement and Offeror Services Office and Purchasing Agent listed on the RFP Signature Page is the sole point of contact concerning this RFP. All communication must be done through this Office. 2. COLORADO OFFEROR SELF SERVICE AND REGISTRATION The State now uses the Colorado Operations Resource Engine (CORE), solicitations for most State Agencies (Agencies) will be posted on the website, Colorado Vendor Self Service (VSS). Solicitation details for goods and services, as well as construction notices on Colorado VSS are public and do not require registration; however, any updates or modifications to this RFP will be published using Colorado VSS, so it is important to be registered. There is no cost to register on Colorado VSS. It is very important that Offerors check Colorado VSS on a regular basis, as this is the sole means for communicating any clarifications or changes to RFP content and/or requirements. To become a registered supplier on Colorado VSS: www.colorado.gov/vss 3. MODIFICATION OR ADDENDUM TO REQUEST FOR PROPOSALS In the event it becomes necessary to revise any part of this RFP, a modification/addendum will be published on the Colorado VSS web page. It is incumbent upon Offerors to carefully and regularly monitor Colorado VSS for any such postings. 4. INVITATION TO SUBMIT PROPOSALS OIT is posting this RFP on Colorado VSS so that Offerors who have an interest may submit a Proposal in accordance with terms of this RFP. Please read and be aware of the administrative information attached to this RFP. 5. PURPOSE This RFP provides prospective Offerors with sufficient information to enable them to prepare and submit Proposals for consideration to satisfy the need for expert assistance in the completion of the scope of this RFP. 6. SCOPE 5            This RFP contains the instructions governing the Proposal to be submitted and the material to be included therein; mandatory requirements must be met to be eligible for consideration. 7. CONSIDERATION OF OFFEROR’S TIME AND EFFORT OIT understands the current demands of potential Offerors with regards to state alternative plan RFPs. OIT has designed a solicitation in two Phases to encourage submission of an initial qualifying offer while minimizing the resources and time necessary to respond to Phase I. It should be noted that failure to respond to Phase I eliminates the ability for Offerors to qualify for and participate in Phase II proposals. As the FirstNet state plan for Colorado’s portion of the National Public Safety Broadband Network (NPSBN) has not been provided yet, Colorado cannot and has not made any decision related to the opt-out provision of the Act.1 Rather Colorado believes that given the timeframes outlined in the Act, the process to procure an alternative RAN and a partnership will take significant time and effort. Therefore, the solicitation must begin now in order for the Governor and Colorado’s public safety community to make a fully informed, educated decision regarding this critical effort. This RFP should be considered a critical step in the process of developing two potentially viable solutions for Colorado’s implementation of the NPSBN that can be thoughtfully compared and reviewed. Offerors should undertake a thorough review of the proposed scenarios to advise OIT if any requirements are too broad, or restrictive, and which will inadvertently cause significant deviations in information or cause a respondent to make a decision not to propose any solutions. 8. STRUCTURE OF THIS REQUEST FOR PROPOSALS The State of Colorado Solicitation Instructions and Terms and Conditions linked through the Colorado VSS Solicitation Page govern, except as modified or supplemented in these instructions. 9. OFFICIAL MEANS OF COMMUNICATION During the solicitation process, for this RFP, all official communication will be via notices on the Colorado VSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the Awarded Offeror(s). It is incumbent upon Offeror to carefully and regularly monitor Colorado VSS for any such notices. 10. INQUIRIES                                                              1 In February 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012 (the Spectrum Act or the Act), containing provisions to create an interoperable NPSBN. See Section 2 for more information. 6            Unless otherwise noted, prospective Offerors may make written or electronic mail inquiries concerning this RFP to obtain clarification of requirements. E-mail is the preferred method for Offerors to submit inquiries. No inquiries will be accepted after the date indicated in the Schedule of Activities section of this RFP. Inquiries shall be made to the sole point of contact as listed on the RFP Signature Page. Clearly identify your inquiries by referencing the RFP number and where appropriate include references to RFP section, paragraph and or question numbers; using page numbers as references is problematic because not all printers number the pages consistently. Response(s) to Offerors' inquiries (if required) will be published as a modification(s) on the Colorado VSS system in a timely manner. Offeror should not rely on any other statements, either written or oral, that alter any specification or other term or condition of this RFP. Offerors are responsible for monitoring Colorado VSS for publication of modifications to this solicitation. 11. ATTACHMENT B MATERIAL AVAILABLE UNDER NON-DISCLOSURE AGREEMENT AND PRE-PROPOSAL CONFERENCE Attachment B. This attachment provides a list of known, potentially available infrastructure, as well as GIS files that show the information spatially. NOTE: Final approval for any asset utilization for the project will lie with the asset owner, which may be a state and/or local government, tribal government, quasi-governmental entities and/or private entities. The purpose of this data is to provide additional information on potential assets that exist and could be used as part of the Colorado Radio Access Network (CO-RAN). It makes no assumption about an existing relationship to access the asset. Access to this information will be provided to the Offeror via a secured file transfer protocol (SFTP) site only once an executed Non-Disclosure Agreement (NDA) has been provided to the sole point of contact as listed on the RFP Signature Page. This information will be available starting on Monday, April 3, 2017 after 9am. Access to download the information from the SFTP site will be available for 48 hours once credentials are provided to the Offeror. Pre-Proposal Conference. A Pre-Proposal Conference will be held as stated in the Schedule of Activities. The purpose of this conference is to provide prospective Offerors with pertinent information regarding this procurement, answer questions, and cover managerial and administrative items as they pertain to this RFP. The face-to-face and web/conference bridge meeting to discuss Offeror’s questions regarding solicitation will be held on Tuesday, April 11, 2017 at 10:00am at OIT, 601 E 18th Avenue, Suite 250, Denver CO 80203 in the Confluence Conference Room. Representatives may participate in person or via web/conference Bridge: 7            JOIN FROM PC, MAC, LINUX, IOS OR ANDROID: HTTPS://ZOOM.US/J/3047764617OR TELEPHONE: +1 646 558 8656 OR +1 408 638 0968 MEETING ID: 304 776 4617 12. OFFEROR REGISTRATION Offeror registration (Colorado VSS Registration) MUST be current to be awarded a solicitation. 13. OFFEROR IDENTIFICATION The tax identification number provided must be that of the Offeror responding to the RFP. Offeror must be a legal entity with the legal right to contract in the State of Colorado and shall be the entity that is used to determine Offeror registration status. 14. PARENT COMPANY If an Offeror is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number also shall be provided in the Proposal. 15. MODIFICATION OR WITHDRAWAL OF PROPOSALS Proposals may be modified or withdrawn by the Offeror prior to the established due date and time. 16. NEWS RELEASES News releases or contact with media representatives pertaining to this RFP or concerning any Offeror’s Proposal shall NOT be made prior to execution of the contract without prior written approval by the State. 17. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION 1.17.1 By submission of a Proposal each Offeror certifies, and in the case of a joint Proposal each party thereto certifies, as to its own organization, that in connection with this procurement: a. The prices in the Proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor, other than a joint Offeror; b. Unless otherwise required by law, the prices which have been quoted in the Proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Offeror or to any competitor; and c. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. 8            1.17.2 Each person signing the RFP Signature Page of the Proposal certifies that: a. She/he is the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein and that she/he has not participated, and will not participate, in any action contrary to (1.17.1)(a) through (1.17.1)(c) above; or b. She/he is not the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein but that she/he has been authorized in writing to act as agent for the person(s) responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1.17.1)(a) through (1)(c) above, and as their agent does hereby so certify; and she/he has not participated, and will not participate, in any action contrary to (1.17.1)(a) through (1.17.1)(c) above. 1.17.3 A Proposal will not be considered for award where (1.17.1)(a), (1.17.1)(c), or (1.17.2) above has been deleted or modified. Where (1.17.1)(b) above has been deleted or modified, the Proposal will not be considered for award unless the Offeror furnishes with the Proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or her/his designee, determines that such disclosure was not made for the purpose of restricting competition. 18. PROPRIETARY/CONFIDENTIAL INFORMATION Due to the nature of a public safety network, OIT recognizes that some elements of a Proposal may be confidential. Any restrictions on the use or inspection of material contained within the Proposal shall be clearly stated in the Proposal itself; written requests for confidentiality shall be submitted by the Offeror with its Proposal. The Offeror must state specifically what elements of the Proposal are to be considered confidential/proprietary. Confidential/Proprietary information must be readily identified, marked and separated/packaged from the rest of the Proposal. Co-mingling of confidential/proprietary and other information is not acceptable. Neither a Proposal, in its entirety, nor Proposal price and/or rate information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential. The OIT Procurement and Offeror Services Director or delegate will make a written determination as to the apparent validity of any written request for confidentiality. In the event OIT does not concur with the Offeror’s request for confidentiality, a written determination will be sent to the Offeror. If the request is denied, the Offeror will have an opportunity to withdraw its entire Proposal, or remove the confidential and or proprietary restrictions. Ref. Section 24-72200.1 et seq., Colorado Revised Statutes (C.R.S.) as amended, the Colorado Open Records Act (CORA). 19. RFP RESPONSE MATERIAL OWNERSHIP 9            All material submitted regarding this RFP becomes the property of the State of Colorado. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2 as amended. The State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in Section 1.18, Proprietary/Confidential Information. Offeror expressly agrees that the State of Colorado may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of CORA. 20. ACCEPTANCE OF RFP TERMS A Proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the autographic signature of the Offeror or an officer of the Offeror’s organization, legally authorized to execute contractual obligations. It is assumed by the Offeror's response that it acknowledges all terms and conditions of this invitation for an offer. An Offeror shall identify clearly and thoroughly any variations between its Proposal and the State's RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP. 21. PROPOSAL CONTENT ACCEPTANCE The contents of the Proposal (including persons specified) of the Awarded Offeror will become contractual obligations of the Offeror if a contract ensues. Failure of the Awarded Offeror to accept these obligations in a resulting contract may result in cancellation of the award and such Offeror may be removed from future solicitations. 22. CONTRACTUAL OBLIGATIONS OF RFP DOCUMENTS The contents of the Proposal and the terms of this RFP will become contractual obligations of the Awarded Offeror(s). This RFP consists of all documents listed under the Table of Contents and are hereby referenced and incorporated herein. “The State of Colorado Solicitation Instructions and Terms and Conditions” linked to the Colorado VSS Notice on the website govern, except as modified or supplemented within the RFP. The final contract shall provide the order of precedence of all related documents, in the following order: Colorado Special Provisions, contract, exhibits, RFP and Offeror’s response. In responding to this RFP, Offerors agreeing to abide by the requirements of this RFP are also agreeing to abide by all terms and conditions contained herein, so Offerors should identify or seek to clarify any problems with contract language or any other document contained within this RFP packet through their written inquiries about the RFP or within their Proposal. Any proposed changes or objections to the contract language or other documents must be submitted as a part of the Offeror’s Proposal. Each change or exception shall be presented in the form of proposed 10            alternative or substitute language. General objections, to be negotiated subsequent to the award, will not be accepted. Exceptions to the State of Colorado Special Provisions, attached to the contract, will not be accepted. Failure of the Awarded Offeror(s) to accept these obligations may result in cancellation of the award. 23. CONTRACT Except as modified herein, the Model Contract included in this RFP shall govern this procurement and will be incorporated by reference in Phase II. 24. CONTRACT CHANGES The State of Colorado reserves the right to amend the contract in response to legislative budget or policy changes. 25. ORDER OF PRECEDENCE In the event of any conflict or inconsistency between terms of this RFP and the Offeror’s Proposal, such conflict or inconsistency shall be resolved, first, by giving effect in this order to the Colorado Special Provisions, the contract, it’s exhibits, RFP, and Offeror’s response. 26. VENUE The parties agree that venue for any action related to performance of the contract shall be in the City and County of Denver, Colorado. 27. STATEWIDE CONTRACT MANAGEMENT SYSTEM (CMS) For all contracts resulting from this solicitation, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105102 concerning the monitoring of Offeror performance on state contracts and inclusion of contract performance information in a statewide contract management system. OIT shall evaluate, review and rate Contractor’s performance for all contracts resulting from this solicitation, for any contracted amount. 28. OFFEROR PROPOSED TERMS AND CONDITIONS Except as specified in the Offeror’s Proposal, the submission of the Offeror’s Proposal will indicate its acceptance of the terms and conditions of this RFP. Offerors must disclose in their Proposals terms and conditions or required clarifications of terms and conditions consistent with these instructions. The State reserves the right to clarify terms and conditions not having an appreciable effect on quality, price/cost risk or delivery schedule during post-award formalization of the contract. 29. STATE OWNERSHIP OF CONTRACT PRODUCTS 11            All products produced in response to the contract resulting from this RFP will be the sole property of the State of Colorado. Any exceptions must be outlined in detail. Exceptions may serve as cause for rejection of the Proposal. 30. PROPOSAL PRICING Estimated Proposal prices are not acceptable. Offers submitted must include all related costs (e.g. surcharges, travel, etc.). Any costs not included as part of the offer will be disallowed. Pricing must be in U.S. funds. Best and final offers may be considered in determining the Awarded Offeror. Proposals shall be firm for a period of not less than one hundred eighty (180) calendar days from date of award. 31. CONTRACT TERM This RFP may result in a multiple year contract(s); estimated term stated in the Schedule of Activities. The initial contract(s) will be effective upon approval by the State Controller or designee. The contract performance contemplated herein shall commence as upon the effective date of the resulting contract(s) and shall be undertaken and performed in the sequence and manner set forth therein. 32. LATE PROPOSALS Late Proposals will not be accepted. It is the sole responsibility of the Offeror to ensure that their Proposal arrives in the designated office prior to the date and time as specified on Colorado VSS. 33. REJECTION OF PROPOSALS OIT reserves the right to reject any or all Proposals, to waive informalities and minor irregularities in Proposals received, and to accept any portion of a Proposal or all items proposed if deemed in the best interest of the State. 34. ESTIMATED QUANTITIES Quantities where provided are estimates only, no volumes can be guaranteed. 35. NUMBER OF AWARDS The State intends to award one or more awards/contracts as a result of this RFP. The State reserves the right to award Project(s) as it is deemed to be in the best interest of the State. 36. AGREEMENT EXECUTION An Awarded Offeror shall have no longer than forty-five (45) calendar days to enter into a contract after being notified by the State. If this date is not met, the State may elect to cancel the award and award the selection to the next most Awarded Offeror(s) if the delay is not the fault of the State. 12            37. PRE PERFORMANCE MEETING Upon execution of the contract(s), an OIT Contract Administrator shall conduct a review of the contract requirements with key personnel of the State and Awarded Offeror(s). The purpose of the meeting is for all working parties to gain a better knowledge of contract requirements, have questions answered, and conduct a needs assessment so that transition to performance will commence timely and smoothly. 38. INCURRING COSTS The State of Colorado is not liable for any costs incurred by Offerors prior to issuance of a legally executed contract. No property interest of any nature shall accrue until a contract is awarded and signed by all concerned parties and approved by the State Controller. 39. TAXES The State of Colorado, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. 39-26-114(a). The State’s Colorado State and Local Sales Tax Exemption Number is 98-02565. Offerors are hereby notified that when materials are purchased in certain political sub-divisions (for example, City and County of Denver) the seller of such materials may be required to pay sales tax even though the ultimate product or service is provided to the State. This sales tax will not be reimbursed by the State. 40. INSURANCE The Awarded Offeror(s) shall obtain, and maintain at all times during the term of the contract, insurance in the kinds and amounts outlined in the linked Colorado VSS State of Colorado Solicitation Instructions/Terms and Conditions and the Model Contract which will have terms specific to this project and will be available in Phase II. 41. CYBER SECURITY The Awarded Offeror is required to comply with all laws, regulations, rules, policies, procedures, or other requirements as deemed solely by OIT concerning the confidentiality, use, retention, security, delivery, handling, and protection of and the notification, support, compliance, liability, disposition, remediation, and safeguarding requirements associated with any and all State Information. For purposes of this solicitation, State Information means all information, data, records, and documentary materials belonging to the State of Colorado (State) or OIT regardless of its sensitive or non-sensitive nature, physical form, or characteristics, including but not limited to any public and non-public State records, sensitive and non-sensitive State data, protected and unprotected State data, State personnel records, Personally Identifiable Information (PII) Data as defined by CRS §24-72-501(2) and in the OIT Model Contract Template, Federal Tax Information (FTI) data as defined by law and in the OIT Model Contract Template, Payment Card Information (PCI) data as defined by law and in the OIT Model Contract Template, Criminal Justice Information (CJI) data as defined by law and in the OIT Model Contract Template, Health Insurance Portability and Accountability Act (HIPAA) data as defined by law 13            and in the OIT Model Contract Template, and other information or data concerning individuals whether it is deemed confidential or not but nevertheless belongs to the State, which has been communicated, furnished, provided, transferred, delivered, or disclosed by the State to the Awarded Offeror. All responses to this solicitation will be evaluated, in part, based on the Offeror’s willingness to be in compliance with such laws, regulations, rules, policies, procedures, or other State requirements and certification of such compliance will be evidenced by submission of a response to this solicitation. The Awarded Offeror(s) shall comply with the current State of Colorado Cyber Security Policies: http://www.oit.state.co.us/ois/policies In addition, awarded Offeror(s) will be required to meet all the security requirements in the Model Contract to be released in Phase II. Indicate your acceptance of these requirements in section MR2. 1. Cloud & Offeror Hosted Projects a. Network Security. Contractor agrees at all times to maintain network security that at a minimum includes network firewall provisioning, intrusion detection, and regular (two or more annually) third party vulnerability assessments. Contractor agrees to maintain network security that conforms to generally recognized industry standards and best practices that Contractor then applies to its own network. b. Application Security. Contractor agrees at all times to provide, maintain, and support the System and subsequent updates, upgrades, and bug fixes such that the System is, and remains, secure from those vulnerabilities as described in: a) The Open Web Application Security Project’s (OWASP) “Top Ten Project” – see http://www.owasp.org; or b) The CWE/SANS Top 25 Programming Errors – see http://cwe.mitre.org/top25/ or http://www.sans.org/top25-programming-errors/; or c) Other generally recognized and comparable industry practices or standards. c. Data Security. Contractor agrees to preserve the confidentiality; integrity and accessibility of State data with administrative, technical, and physical measures that conform to generally recognized industry standards and best practices that Contractor then applies to its own processing environment. Maintenance of a secure processing environment includes but is not limited to the timely application of patches, fixes, and updates to operating systems and applications as provided by Contractor. All State Confidential Information and State data of any kind shall be stored, processed, accessed from, or transferred only in or to facilities located within the United States unless written permission has been provided by the State in advance. State data and information shall not be communicated to anyone who is not a citizen or Lawful 14            Permanent Resident of the United States. The State has the right to designate certain subsets of State data as being subject to additional storage, access, or transmission restrictions in its sole discretion. 42. TELEGRAPHIC/ELECTRONIC RESPONSES An original hard copy of the proposal, a USB with the complete response and an USB that is redacted and will be used for public open records requests are required. Telegraphic or electronic bids (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted as a sealed Proposal. Offerors are urged to read the solicitation document thoroughly before submitting a Proposal. 43. ADMINISTRATIVE REVIEW FACTORS PASS/FAIL Offerors must demonstrate in writing their ability and willingness to comply with the mandatory minimum requirements found in Section 3 – Proposal Phases and Project Requirements and Questions of this RFP, as applicable, to be considered responsive to this RFP. These items are judged on a pass or fail basis and must be satisfied in order for the Offeror’s response to be considered for further review by the Evaluation Committee. 44. COOPERATIVE PURCHASING In order to address the requirements of and as part of the OIT’s effort to address the requirements of CRS 24-37.5-106(1)(h), this solicitation and the resulting contract(s) shall be a cooperative purchasing agreement, pursuant to CRS 24-110-101 et seq. All Executive Branch state agencies are included in this solicitation and any resulting contract. Legislative and Judicial Branch agencies, institutions of Higher Education, and local governments may participate. OIT will be the primary state party to the contract, pursuant to CRS 24-37.5-105(3)(i). 45. RFP CANCELLATION The State reserves the right, in its sole discretion, to cancel this entire RFP or individual phases or projects at any time, without penalty. 46. PROTESTED SOLICITATIONS AND AWARDS Any actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to the OIT, Procurement and Offeror Services Director, 601 E 18th Avenue, Suite 150, Denver, CO 80203. The protest must be submitted in writing within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference C.R.S., Title 24, Article 109. 47. AUDIT The State reserves the right to require that the Awarded Offeror(s) has a process audit conducted of its program at least once every three (3) years. If the Awarded Offeror(s) has not had such an audit prior to awarding of this contract, and the State requires one, then an audit must begin 15            within six months of the award of this contract. The State reserves the right to approve the selected firm. A complete copy of the audit must be provided to the Governor’s Office of Information Technology within five (5) working days of its completion. The Governor’s Office of Information Technology will negotiate directly with the Awarded Offeror(s) regarding any exceptions or findings from the audit. 48. ORGANIZATIONAL CONFLICT OF INTEREST – REQUIREMENTS OF THIS SOLICITATION AND SUBSEQUENT CONTRACT Any business entity or person is prohibited from being awarded a contract if the business entity or person has an “Organizational Conflict of Interest” with regard to this solicitation and the resulting contract. No person or business entity who was engaged by the State to prepare the original RFP or has access prior to the solicitation to sensitive information related to this procurement process (including, but not limited to requirements, statements of work, or evaluation criteria), will be eligible to, directly or indirectly, submit or participate in a Proposal for this solicitation. The State considers such engagement or access to be an Organizational Conflict of Interest, which would cause such business entity or person to have an unfair competitive advantage. If the State determines that an Organizational Conflict of Interest exists, the State, at its sole discretion, may cancel the contract award. In the event the Awarded Offeror was aware of an Organizational Conflict of Interest prior to the award of the contract and did not disclose the conflict to the procuring agency, the State may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed by subcontractors in connection with the performance of the contract, with the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve the State’s rights. 49. PERFORMANCE OUTSIDE THE STATE OF COLORADO AND/OR THE UNITED STATES In compliance with CRS 24-102-206 and after negotiation of a fully executed Contract, if performance occurs outside of the State of Colorado and/or the United States, the Awarded Offeror shall provide written notice to the State, within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and. Such notice shall specify the type of Services to be performed outside the State of Colorado and the reason why it is necessary or advantageous to perform such Services at such location or locations. Upon award, knowing failure by successful Contractor to provide notice to the State shall constitute a material breach of any resulting Contract from this solicitation. 48. LOBBYING The contract is subject to 31 U.S.C § 1352, as implemented at 15 C.F.R. Part 28, “New Restrictions on Lobbying.” Offerors should familiarize themselves with these provisions, including the certification requirement. OIT shall require the Contractor to submit a completed 16            “Disclosure of Lobbying Activities” (Form SF-LLL) regarding the use of non-Federal funds for lobbying. The Form SF-LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. 50. PRIME – SUBCONTRACTOR RELATIONSHIPS Offerors who propose a partnership relationship with another third party individual or entity shall agree to be the Prime Contractor with the State and subcontract with such third party partner(s). Offerors shall identify in the RFP all third party partners that will be subcontracted with under any award. The State will enter a contract with the Prime and the Prime will ensure that all subcontractors will abide with the terms of the RFP and Contract through flow-down agreements. The Prime shall direct the work and deliverables of its subcontractors and shall coordinate the subcontractor activities. Each subcontract shall comply with all applicable federal and state laws and provide that such subcontract shall be governed by the laws of the State of Colorado. 50. EXECUTIVE GOVERNANCE COMMITTEE (EGC) The selected Offeror shall be required to comply with the State’s Executive Governance Committee (EGC) Gate Methodology and plan for all EGC Gate items to be included as part of the overall project plan. As part of the Gate process, Independent Verification & Validation (IV&V) will also be required. 51. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) The Awarded Offeror(s) warrants that it is familiar with the requirements of HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying regulations and will comply with all applicable HIPAA requirements in the course of this Contract. Awarded Offeror(s)warrants that it will cooperate with the State in the course of performance of the Contract so that both the State and the Awarded Offeror(s) will be in compliance with HIPAA. If requested, the Awarded Offeror(s) agrees to sign a “HIPAA Business Associate Addendum” and to abide by the statements addressing the creation, use and disclosure of confidential information, including information designated as protected health information and all other confidential or sensitive information as defined in policy. 52. E-VERIFY AND CO DEPARTMENT OF LABOR AND EMPLOYMENT PROGRAM Effective May 13, 2008, contractors who enter into a public contract for services with Colorado state agencies or political subdivisions must participate in either the federal E-Verify program, or the newly created Colorado Department of Labor and Employment Program (Department Program). The option to enroll in the new Department Program instead of E-Verify was created 17            by Colorado State Senate Bill 08-193, which amended the Public Contracts for Services and Illegal Alien Laws, C.R.S. 8-17.5-101 and 102. 53. DOING BUSINESS WITH THE STATE An Offeror wanting to do business in the State must register with the Colorado Secretary of State in accordance with C.R.S. 7-90-801. An Offeror must be registered to do business in Colorado within 10 business days of the RFP award notification to the Apparent Successful Offeror. A copy of the business entity’s Articles of Incorporation and/or Bylaws may be requested by the State. This is the link for the Colorado Secretary of State’s Website: http://www.sos.state.co.us (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section review the FAQs.) 54. FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN) For the purpose of verifying the Offeror’s registration to the ColoradoVSS system, the Offeror is required to provide their FEIN in their proposal. Additionally, Offerors are required to submit their FEIN prior to contract, or purchase order issuance, or payment from the State. A W-9, Taxpayer Identification form provided by the State may be required as. Only the Awarded Offeror is required to submit a W-9, to the State upon request. 18            SECTION 2: BACKGROUND, OVERVIEW and REQUIREMENTS 2.1 Introduction The Governor’s Office of Information Technology (OIT) in consultation with the FirstNet Colorado2 Governing Body (FNCGB) makes a Request for Proposals (RFP) from qualified Offerors including, but not limited to, network service providers and/or operators, infrastructure providers, equipment manufacturers, system integrators, corporate finance organizations, consultants or other consortia to identify a solution that will provide Colorado with an alternative statewide radio access network (CO-RAN) design and implementation as it applies to the development of and integration with the National Public Safety Broadband Network (NPSBN) and its relationship with the First Responder Network Authority (FirstNet).3 The complete execution of this RFP and a future contract is dependent on the Governor’s final decision to ‘optin’ or ‘opt-out’ of the state plan for Colorado, as it is statutorily defined in Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (the “Act” or the “Spectrum Act”)4. Colorado is committed to selecting either FirstNet or an alternative partnership to build the best possible broadband network for its public safety and other stakeholders. All options must be identified and thoughtfully assessed before a recommendation can be made to the Governor to support the delivery of mission critical data services in Colorado. The mission of FirstNet is to ensure the building, deployment and operation of the NPSBN across the 56 states and territories. The Act establishing FirstNet set aside 20 MHz of 700 MHz broadband spectrum and $7 Billion in cash for the creation of the NPSBN. In Colorado, the FNCGB is tasked with strategically guiding the state consultation5 process with FirstNet and possible implementation of the FirstNet network or an alternative network. The FNCGB is made up of representatives and elected officials from local, state and tribal public safety and government agencies who also represent the following organizations: the OIT, the Colorado Department of Public Safety (CDPS), the Colorado Department of Public Health and Environment (CDPHE), the County Sheriffs of Colorado (CSOC), the Colorado Association of Chiefs of Police (CACP), the Colorado State Fire Chiefs (CSFC), the Emergency Medical Services Association of Colorado (EMSAC), the Colorado Counties Inc. (CCI), the Colorado Municipal League (CML), First Responder Organized Labor, Rural Colorado, the Public Safety Answering Point (PSAP)/911 Community, the Adams County Communications Center (ADCOM 911), the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe. Colorado has designated OIT as the coordinating agency for this entire effort, including the office of the FirstNet Single Point of Contact (SPOC).                                                              2 http://www.FirstNetColorado.org http://www.FirstNet.gov 4  https://www.gpo.gov/fdsys/pkg/PLAW-112publ96/pdf/PLAW-112publ96.pdf  5 http://firstnet.gov/consultation 3 19            OIT encourages the utilization of local companies and resources when possible for this project. 2.2 Objectives  Colorado seeks to compare the radio access network (RAN) that will be proposed in the FirstNet state plan in an ‘opt-in’ scenario to a best-in-class solution that might emerge through this RFP. Colorado is specifically motivated in several areas: First Responder Communications. Congress’ primary motivation in allocating funds for the construction of the NPSBN was to meet the needs of first responders for a highly reliable mobile broadband communications infrastructure. In urban areas this means priority access to radio resources given to responders; in rural areas it means coverage.6 The network objectives and requirements are described in detail in Sections 2.4, 2.7 and 2.14. Geographic Coverage. The initial coverage objective proposed by FirstNet in 2015, described in Attachments A and C, is population-focused. It covers only 23.7% of the geographic area of Colorado. This limited geographic footprint stands in contrast to Colorado’s well documented needs of coverage over all but a small geographic area in the previously mentioned attachments. Attachment A describes a study Colorado completed in 2015, mapping 13 different indicators of communications needs to a geographic footprint. Colorado’s single most important objective is to solicit RFP proposals that would deliver the broad geographic coverage deemed essential by first responders, not necessarily based on the general population statistics. Network Sustainability and Adoption. The full impact and benefit of the NPSBN will not be achieved by simply building a network, but rather by having widespread adoption and utilization of the CO-RAN by Colorado’s first responders. The factors that will determine Colorado’s adoption and utilization are complex and numerous given the political structure of the state and the existing public safety communications systems. Colorado seeks a definitive solution that will maximize these factors (adoption and sustainability) so the functional and operational benefits (data sharing, information flow, immediate impact to emergency response, etc.) are expanded within Colorado. Important Public Benefits. While the primary focus of this effort is to meet the requirements of the NPSBN, Colorado has many important initiatives underway that could be synergistic with the construction of the CO-RAN. See Section 2.17 for more information on each. These include:  Next Generation 9-1-1: The potential synergies between the NPSBN and the Next Generation 9-1-1 (NG9-1-1) effort are well documented. Colorado is eager to understand the specifics of how these two efforts could be integrated from an infrastructure                                                              6 While priority access is important to rural responders, network capacity is not anticipated to be a problem in rural areas in the same way it is currently in urban areas; see Attachment C. 20               perspective to improve emergency communications and response for all Colorado citizens. Intelligent Transportation Systems (ITS): Colorado’s Department of Transportation (CDOT) is a leader in implementing technology to ensure consistent traffic management throughout the state. The systems being testing and planned by CDOT require significant communications abilities and similar coverage to Colorado’s first responders. See Telehealth: Colorado is making significant investments in eHealth and other cutting edge healthcare technologies. One of the key enablers of this technology is a robust and consistent communications network throughout the state; connecting all health facilities is a key objective for Colorado. Overall Broadband Initiatives. High quality broadband access is critical to economic development within Colorado. Industry, especially knowledge workers7, cannot function without high quality broadband connectivity. Consequently, many counties and regions in Colorado have committed resources to constructing the middle-mile and, in some cases, last-mile infrastructure to ensure such connectivity. A broadband network with broad geographic coverage provides mobile communications and the opportunity for fixed broadband connectivity. These efforts are implemented through a multitude of transport technologies including but not limited to wired, fixed-wireless, mobile wireless and microwave to ensure Colorado meets its broadband objectives to cover all households by 2020.8 Leveraging, not Replacing, Existing Commercial Offerings. Colorado is privileged to have many excellent telecommunications providers who have invested heavily in the state, providing important benefits to all. Colorado seeks to leverage those existing assets, honoring the willingness of private parties to put their own capital at risk. The desire is to bring economies of scale where infrastructure exists and to invest in Greenfield infrastructure where no infrastructure exists. The Act explicitly identifies partnering with rural telecommunications providers as an objective. Specific opportunities for the Offeror include:  Co-Location/Integration of RAN. Where cellular/prepaid cellular service (PCS) coverage exists, there is a strong financial incentive to co-locate and possibly integrate with existing RANs. In many cases existing operators have invested heavily in sites and/or in high quality transmission or backhaul. It makes sense to leverage these existing investments.  Alignment of Business Models. Colorado seeks to develop business relationships that strengthen telecommunications providers. An influx of public funds has the potential to                                                              7 A term first used by Peter Drucker in his 1959 book, Landmarks of Tomorrow, the knowledge worker includes those in the information technology fields, such as programmers, systems analysts, technical writers, academic professionals, researchers, and so forth. The term is also frequently used to include people outside of information technology, such as lawyers, teachers, scientists of all kinds, and also students of all kinds. Source: http://searchcrm.techtarget.com/definition/knowledge-worker. 8 https://www.colorado.gov/governor/news/gov-hickenlooper-delivers-annual-state-state-address-1 21            undercut existing investments, therefore Colorado seeks to invest thoughtfully, supporting rather than undermining existing businesses. By encouraging private sector participation, Colorado may attract capital for future initiatives.  Leveraging Fiber Investments. Colorado state, regional, local and tribal governments and the private sector have invested heavily in fiber deployments throughout the state. The Offeror has an opportunity to leverage those investments, contributing to the financial viability of local and regional initiatives to ensure access to reliable, cost effective backhaul. The Economics of Coverage. Colorado and much of the western United States has poor mobile broadband coverage. It is extremely expensive to deploy infrastructure and, if there are relatively few customers, it is a money-losing proposition. Colorado is committed to leveraging resources associated with the CO-RAN (e.g., the purchasing power of public entities, the use of public assets, and possible grants from the federal government) to make rural broadband coverage financially viable, and therefore a reality. Collaboration with Neighboring States. Colorado’s first responders don’t always have the luxury of respecting borders, and often have to respond into adjacent jurisdictions and states. Likewise, an Offeror’s approach may not fit neatly into the footprint of the state boundary, and that may benefit Colorado, its neighboring states, and the western United States. Colorado remains open to participating with a consortium of states, who may be like-minded in their desire to achieve maximum benefit over a large area because an Offeror views Standard Metropolitan Statistical Areas (SMSA) and other marketing areas as the best means to achieve return on investment (ROI.) 2.3 Additional CO-RAN RFP Background The CO-RAN must meet a number of FirstNet objectives for Colorado described in Section 2.4.             Building, Deployment, Operation, and Maintenance of the CO-RAN Financial Model and System Sustainability First Responder User Adoption Including Marketing and Customer Care FirstNet Device and Applications Ecosystems Integration Accelerated Speed to Market Service Availability Capacity Cyber security Quality of Service, Priority and Preemption (QPP) Integration of the ADCOM 911 LTE Network into the CO-RAN and the NPSBN Integration of Existing and Future State, Local and Tribal Infrastructure Life-Cycle Innovation 22             Facilitation of Colorado’s Compliance with the Act and Other Laws The CO-RAN implementation shall meet all requirements as laid out by FirstNet, the U.S Department of Commerce (DOC) National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC), and as detailed in Sections 2.9 through 2.12. The network should minimize the ongoing operational and maintenance expenses to the public safety community while providing the best possible coverage, capacity and network availability throughout the state. Colorado understands that the only means to achieve these objectives is through creative, collaborative approaches to partnerships. While the physical design and technical performance are critical factors related to the public safety nature of the network, Colorado believes the ultimate value to the project lies in the opportunity to provide a unified communications and data sharing platform for the entire state. Additionally, Colorado is looking for creative ways to monetize the spectrum and additional assets (fiber, towers, etc.) key to the network development, to minimize the ongoing costs to first responders and promote overall economic development. A state that pursues an alternative RAN must establish a partnership to construct and operate the RAN over a 25-year period. This RFP proposes an initial contract term of ten (10) years with the option to extend three (3) five (5) year extensions, (or a combination of agreed upon years) for a total potential contract term of twenty-five (25) years. Colorado’s partner will enjoy several key benefits: (1) the use of 20 MHz of prime spectrum, (2) the ability for the state to apply to the NTIA for grant dollars to support RAN construction funding9, and (3) the ability to monetize excess capacity by selling it, on a secondary basis, to others. Initially, the capacity of a modern broadband network will greatly exceed the needs of public safety entities in most locations for many years to come; the potential for “excess” capacity will be substantial (see Section 2.7 for definition of excess capacity). The following sections will provide additional background information (Section 2), proposal requirements and questions (Section 3), response format (Section 4) and evaluation criteria (Section 5) for the solicitation response, as well as multiple attachments. In order to view all the associated data in Attachment B that accompanies the RFP, Offerors will need to sign a standard NDA (sample in Attachment B) to protect all sensitive data. This NDA will apply to any 3rd parties an Offeror includes in their effort to respond. The Offeror assumes the responsibility for reviewing the Act, all subsequent analyses and managing all risks associated with how the language has been interpreted or might be interpreted by the FCC, the NTIA, FirstNet and Colorado. (See Attachment F for links to various analyses).                                                              9 The State Alternative Plan Program (SAPP) managed by the NTIA ‘…establishes a spectrum capacity leasing authority and radio access network (RAN) construction grant program for any state that “opts out” of the First Responder Network Authority (FirstNet)…’ Find more information at: https://www.ntia.doc.gov/category/state-alternative-plan-program. 23              2.4 FirstNet Objectives for Colorado Building, Deployment, Operation, and Maintenance of the CO-RAN. Colorado requires a statewide, interoperable public safety broadband network service (CO-RAN) that ensures network coverage 24 hours a day, 7 days a week, 365 days a year and complies with the coverage, capacity and other technical requirements detailed in this document and which is fully interoperable with the NPSBN. (See Section 2.14 on Brand Name or Equivalent specifications.) Financial Model and System Sustainability. Colorado requires the ability to maximize government funding and creative partnership approaches to fully leverage the 20 MHz of FirstNet’s (and potentially other) spectrum to build, deploy, operate, and maintain the CORAN to serve public safety and for secondary uses, while ensuring a self-sustaining business model. First Responder User Adoption Including Marketing and Customer Care. Colorado requires a compelling, differentiated marketing plan and customer care approach to promote user adoption. It should support all levels of government adoption including local, state, tribal and federal entities. This adoption strategy may include multiple partners, diversified branding and distribution for secondary use of spectrum.  Kick-Starter Program. Colorado recognizes the adoption of CO-RAN services may be challenging for many Public Safety Entities (PSE)10. Due to significant swaths of underserved areas across the state, many PSEs have not yet incorporated broadband technology into their daily operations – due to both device cost and lack of network coverage. Colorado encourages Offerors to consider developing a “Kick-Starter Program” for PSEs, to encourage subscription to CO-RAN services. FirstNet Device and Applications Ecosystems Integration. Colorado requires access to robust and competitive devices and applications ecosystems11, which will match or surpass FirstNet’s offerings, as detailed in the FirstNet RFP. Colorado also needs competitively marketed devices, services and other offerings to support user and agency adoption of the CORAN, which is crucial to the overall success of the project. Accelerated Speed to Market: Because a choice to opt-out of the FirstNet state plan adds delay associated with the FCC, NTIA and FirstNet regulatory requirements, Colorado requires the Offeror to meet or exceed FirstNet’s requirements for accelerated speed to market, as indicated in the FirstNet RFP with emphasis on the Initial Operational Capability (IOC)/Full                                                              10 See Section 2.13 for “Definition of Public Safety Entity.” Ecosystems are defined as environments that will nurture the development of new devices and applications to meet the ongoing needs of public safety. 11 24            Operational Capability (FOC) Target Timeline.12 Service Availability: Colorado recognizes that network availability can be measured multiple ways, and the typical public safety response of four or five “9’s” availability13 can differ drastically. Reliability, availability, restorability and integrity are all critical performance benchmarks which must be addressed in a response. Capacity: Colorado requires a network design, which addresses its current and future capacity needs to fully support a geographically dispersed and growing public safety user base throughout the life of the contract, as described in Attachments A and C. Cyber security: Colorado requires a unique approach to cyber security. One of the critical components to building a network which public safety will have the confidence to adopt, and which meets or exceeds the cyber security requirements defined in the FirstNet RFP and in the State of Colorado security requirements. Quality of Service, Priority and Preemption (QPP): Colorado requires an approach to QPP as outlined in the FirstNet RFP and as continuously under development in the 3rd Generation Partnership Project (3GPP) standards. Integration of the ADCOM 911 LTE Network into the CO-RAN: Colorado requires an assessment of and economic consideration for which elements of the ADCOM 911 LTE network can be incorporated into the CO-RAN and connected to the NPSBN. This must be in compliance with the FirstNet RFP and must consider collaboration with FirstNet, FirstNet’s partner, and ADCOM 911 to achieve effective integration and interoperability throughout the NPSBN with emphasis on connectivity to the FirstNet EPC. Integration of Existing and Future State, Local and Tribal Infrastructure: Colorado requires a network design that thoughtfully considers and integrates existing and future state, local and tribal infrastructure into the CO-RAN; see Attachments A and B as examples. Colorado requires minimal duplication of infrastructure investment as a means to minimize costs and speed up deployment. Life-cycle Innovation: Colorado requires a detailed approach to ensuring the sustainment and evolution of the CO-RAN to ensure parity and connectivity with FirstNet network releases and technology refreshes over the life of the contract. Facilitation of Colorado’s Compliance with the Act and Other Laws. Colorado requires a partner(s) who is fully participatory in all regulatory elements of the opt-out process (as detailed in the Act and outlined in Sections 2.9 through 2.13).                                                              12 See FirstNet RFP Section J-8, https://www.fbo.gov/index?s=opportunity&mode=form&id=33106ecc75222458a6e4405b0f66bd2e&tab=core&tabmode=list&= 13 See Section 2.14 for more information. 25            2.5 RFP Process Summary This RFP will be assessed in two distinct phases. As mentioned in Section 1.7 Consideration of Offeror’s Time and Effort, Colorado recognizes the cost and time for industry to respond to an RFP of this nature. Phase I will assess the Offeror’s basic capabilities and understanding regarding the financial, technical, program management and operational approaches to the CO-RAN. A list of qualified Offerors will be selected based on the totality of an Offeror’s response to the Phase I requirements. Only if Colorado has determined it is likely to ‘opt-out’ of the proposed FirstNet state plan, will OIT initiate Phase II, whereby only previously qualified Phase I Offerors will be asked to complete all elements of the Phase II proposals. Phase II will require responses detailing (but not limited to) a comprehensive network plan, deployment timelines and costs, the proposed financial model, and a robust user adoption program, to include marketing and customer care. See Section 3.1 for more information. It should be noted that failure to respond to Phase I eliminates the ability for Offerors to qualify for and participate in Phase II proposals. Additionally, Phase II qualified Offerors will be required to complete oral presentations in Colorado, at their own expense. The CO-RAN procurement will be split into two separate projects: 1/network (CO-RAN) construction and 2/network (CO-RAN) operations and monetization. Offerors may respond to either project separately or may respond to both in a single response. Complete and comprehensive responses will ensure that the evaluation team has all necessary information to make an informed decision. The two elements will be reviewed and scored independently and the solution(s) that are most advantageous to Colorado will be selected. Project A – Network (CO-RAN) Construction. This project will focus on the construction of the overall physical network, or CO-RAN. This includes, but is not limited to: all engineering work necessary to design and implement the network; Radio Frequency (RF), backhaul, network and other electronic equipment necessary for the operation of the network; and physical construction (towers, fiber, microwave, etc.), including any permitting, environmental and Indefeasible Right to Use (IRU) or other agreements. Project B - Network (CO-RAN) Operations and Monetization. This project will encompass the initial financing of the network and the ongoing operations/maintenance and the monetization strategy to ensure long-term operations, maintenance, upgrades and ROI) for the Offeror. This includes, but is not limited to: the funding mechanism used to finance the initial construction cost (e.g., the specifics of the ongoing operations and maintenance of the network, the monthly unit cost for service, the method for ensuring the CO-RAN maintains compliance with the national network, etc.); all expansion/upgrades to coverage and capacity and to ensure 26            compliance with FirstNet releases; and the approach to monetizing the excess capacity of the spectrum as well as other elements (towers, fiber, etc.) that are a part of the network. More details on the two projects can be found in Section 3.2. 2.6 Colorado’s Public Safety Base, Operational Needs and Unique Challenges “Colorful Colorado” is a unique and diverse state that supports over 5.5 million permanent residents,14 with one of the fastest growing populations in the country15, and offers unrivaled outdoors and cultural experiences, which draw 77.7 million visitors annually.16 They sample everything from the 58 mountain peaks, or 14ers, that surpass 14,000’ in elevation supporting world-class skiing and tourism, to the vast outdoor music venues like Red Rocks and sporting stadiums, which are homes to the Denver Broncos, Colorado Rockies, and Denver Nuggets. Colorado’s plains are equally as beautiful, immense foundations of a thriving agricultural and energy economy. Two federally recognized tribes, the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe, round up Colorado’s magnificent tapestry. Colorado has experienced multiple events, both human and natural, that have highlighted the importance and criticality of effective communications. From the tragedies of Columbine and the Aurora Theatre Shootings to the devastating floods of 2013, these experiences have produced an acute understanding of Colorado’s needs, and forever altered how Colorado handles public safety emergencies. Additionally, with Colorado’s growth and economic development, there has been a dramatic increase in planned events (music festivals, recreational and sporting events, etc.) and their increasing impact on existing commercial networks.17 It is for these and other reasons that a robust, expansive public safety broadband network (PSBN) is critical to keeping Colorado’s responders, citizens and communities safe. What will a quality PSBN mean for public safety response in Colorado someday? Imagine a law enforcement officer, approaching a vehicle during a traffic stop, who can stream live video to the dispatch center and his supervisor, while the video analytics captures the license plate, initiates facial recognition and searches all relevant databases to alert the officer of potential threats. In the Emergency Medical Services (EMS) field, dispatch and paramedics will receive detailed analytics from an Advanced Automatic Collision Notification (AACN) system sent in real time from a vehicle involved in a crash, geo-locating the incident and indicating the mechanism of injury for the patients. Lastly, the fire incident commander will be able track the location of all personnel assigned to a wildland fire using incident management/situational awareness cloudbased applications, displaying a topographical map with an overlay of the biotelemetry data of the hotshot crew cutting a fire line, perhaps supported by a deployable system in a rural area with no terrestrial broadband coverage.                                                              14 http://www.denverpost.com/2016/12/20/table-colorado-population-growth-slows-2016-census-bureau/ http://www.denverpost.com/2016/07/07/colorado-second-population-growth-2015/ 16 http://www.denverpost.com/2016/07/20/record-colorado-tourism-2015/ 17 http://www.denverpost.com/2016/02/08/how-will-the-broncos-super-bowl-parade-affect-your-cellphone-service/ 15 27            First Responder Populations and Incident/Crime Statistics in Colorado. According to 2008 US Bureau of Justice Statistics Census of State and Local Law Enforcement Agencies, there were 246 law enforcement agencies employing 12,069 sworn officers.18 In 2015, these law enforcement officers handled the 193,115 major crimes reported in Colorado.19 Note, the major crimes reported in Colorado is only a small fraction of the total calls for service handled by law enforcement in a given year. According to the Federal Emergency Management Agency (FEMA) U.S. Fire Administration (USFA), there are 326 fire departments or districts with 859 stations and 14,999 firefighters (paid and volunteer) in Colorado.20 In 2015, Colorado fire agencies reported 257,607 fire incidents.21 According to the CDPHE22, there are 238 EMS agencies, representing approximately 17,500 EMS providers who handled 567,028 incidents in 2016; there are 96 hospitals, which represent short term, long term, critical access, children’s, and general hospitals. Public Safety Answering Points or 9-1-1. There are more than 100 Public Safety Answering Points (PSAPs) or 911 Dispatch Centers in Colorado. In 2015, those PSAPs handled 475,394 wireline calls, 5,895,735 wireless calls, and 171,642 Voice over Internet Protocol (VoIP) calls, totaling 6,542,771 9-1-1 calls in Colorado.23 Statistically, every 4.8 seconds there is a call to 91-1 somewhere in Colorado. Although these calls don’t represent every emergency in the state, as many are reported directly or by other means, it gives the Offeror an understanding of 911 call volume across the state at any given moment. Land Mobile Radio Systems. Colorado has taken a system of systems approach to Land Mobile Radio (LMR) public safety communications. There are more than 8 distinct conventional and Project 25 (P25) networks across the Denver metro area and statewide, which provide robust operability and interoperability capabilities via traditional gateways and the P25 Inter RF Subsystem Interface (ISSI). In 2016, across only 2 of the 8 systems, there were over 153.4 million calls representing 256,000 hours of talk time. 2.7 Financial and Business Model Background Colorado seeks to enter into a partnership in which the Offeror assumes a majority of the risks associated with the implementation of the CO-RAN and anticipates this to be factored into the                                                              18 Bureau of Justice Statistics, Law Enforcement CBI Releases the 2015 Crime in Colorado 20 https://apps.usfa.fema.gov/registry-download/main/download 21 Colorado Division of Fire Prevention & Control 2015 Fire Data 22 Statistics were provided by CDPHE staff and aren’t currently published. Note: the stated EMS incidents for 2016 represent those that are reported via electronic Patient Care Reporting (ePCR) systems, used by 83.3% of EMS agencies in Colorado. It doesn’t account for EMS incidents handled by 16.7% of agencies in the state. 23 2016 NET 911 Act Report. The figures reported in this document represent 2015 data , which may not represent a 100% reporting rate by PSAPs of all 911 calls in that year. Additionally, the number of PSAPs increased slightly since the report. At the time of this report, Text-to-911 calls were not tracked. 19 28            prospective agreement. Assets that Colorado could potentially include in the final contract(s) include:  Access to Band 14 spectrum via the Spectrum Capacity Lease Agreement (SCLA) negotiated with FirstNet  Physical assets that may be utilized in the construction of the network including (but not limited to):  Existing publically owned fiber optics and/or conduit  Publically owned vertical assets  Rights-of-way  Community Anchor Institutions (CAI)  Guaranteed revenue streams for a variety of service offerings In principal, (and in no particular order) Colorado believes the following regarding a potential business model:       The Offeror has the obligation to make available prioritized data and voice services to interested PSEs within Colorado via an agreed upon pricing structure. o Colorado would also be interested in structured pricing agreements for services and offerings associated with the Complimentary Efforts identified in Section 2.17 The Offeror has the right to sell data and voice services utilizing “excess capacity”24 to others on a secondary basis, through whatever distribution channels/roaming arrangements the CO-RAN partner chooses. The Offeror must meet its coverage and capacity commitments, must comply with all FirstNet policies, must meet all network SLAs and all other contractual obligations. The Offeror commits to delivering a network with specified coverage and capacity. The Offeror must propose an overall financial framework that ensures sustainability of the network over the life of the agreement, taking into account the capital requirements to implement the network and the operational and maintenance costs to meet the overall performance requirements. Any framework must fit within the boundaries set forth in the SCLA negotiated between Colorado and FirstNet as well as comply with the statutory requirements established in the Spectrum Act and Colorado law. The Offeror must present to Colorado a detailed breakdown of: o Capital resources necessary for implementation o Expenditures for the operation and maintenance of the network o Mechanism or timeline for technology refresh and any associated costs                                                              24 An LTE radio network has a quantifiable uplink and downlink capacity, megabyte per second, (Mbps) in each sector of each site. The number of billable gigabytes (GB) of data that can be delivered by a network in a period of time (e.g. one month), while operating the network in such a way that it delivers a near-optimal (not meaningfully degraded due to network loading) end-user experience can be estimated based on user behaviors. A portion of this available capacity will be used for first responders. However, not every first responder or agency will purchase service, therefore excess capacity will exist that – in principle – can be sold to other users on a secondary basis. Selling excess capacity to consumers, businesses, and others at a market rate per GB or per minute of use (MOU) may be possible in many locations. 29             Any financial model and/or arrangement must ultimately be in accordance with the Act. In Phase I of the RFP process, Offerors SHALL NOT disclose specific costs associated with the CO-RAN construction or deployment. That information shall only be requested if Colorado initiates Phase II of the RFP process. The Offeror must ensure that the main objective and purpose of the CO-RAN - to offer PSEs with prioritized network access (data and voice) - is a primary driver of the Offeror’s business model at all times. While Colorado understands the importance of monetizing the excess capacity as part of the Offeror’s long-term business model, it will gauge proposals by Offeror’s ability to ensure PSEs maintain their capabilities in all situations and that the fundamental business model proposed supports that outcome. 2.8 700 MHz and Other Spectrum 700 MHz Public Safety Broadband Spectrum. The Act authorized the use of 20 MHz (10MHz matched pair) of public safety broadband spectrum (758 - 768 MHz, 788 - 798 MHz), also called 3GPP Band 14, for the NSPBN; FirstNet holds the only license for all 50 states, 5 territories and the District of Columbia. Access to the Band 14 spectrum is subject to approval by the NTIA via the SAPP as well as through a successfully negotiated SCLA between Colorado and FirstNet. 700 MHz Public Safety Narrowband Spectrum – NOT AVAILABLE IN COLORADO. The FCC has allocated 12 MHz of the 700 MHz narrowband public safety spectrum (769 – 775 MHz, 799 - 805 MHz) for use by public safety agencies. Because Colorado has invested heavily in narrowband LMR public safety communications infrastructure operating within this band, the narrowband spectrum is not to be used in the Offeror’s proposals. Alternative Spectrum Bands. LTE infrastructure and devices are increasingly being designed to operate in multiple RF bands. The latest 3GPP Release 13 documents25 have 69 defined bands for LTE. Several of these bands are available for use in Colorado by an Offeror to supplement Band 14 use. This includes the same 5 Gigahertz (GHz) band that 802.11n & ac Wi-Fi technology occupy. Specifically this is defined as Band 46 in 3GPP (5150 to 5925MHz) and operates in Time Division Duplex (TDD) mode. Many coexistence studies have been performed to ensure nominal performance of both technologies. Several technologies for LTE implementation in the 5 GHz unlicensed band exist such as:  LTE-Unlicensed (LTE-U) – Downlink (DL) only technology that is available for use in the US in a single 20 MHz channel size in the 5 GHz Unlicensed National Information Infrastructure (UNII) band                                                              25 3GPP TS 36.101 30               LTE License Assisted Access (LAA) is similar to LTE-U but utilizes different interference and coexistence technologies like Listen-Before-Talk (LBT). It is also a 20 MHz, DL only system that operates in the 5 GHz UNII band eLAA – enhanced LAA with both DL and uplink (UL) support LTE Wi-Fi Access (LWA) is a technology that converges layer 2 and layer 3 packet data convergence protocol (PDCP) LTE protocol stack to run on Wi-Fi access points for converged DL access The other spectrum allocation is known as the Citizens Broadband Radio Service (CBRS)26 and is 150 MHz in bandwidth from 3.55 – 3.7 GHz. This is also a TDD band, similar to the aforementioned Wi-Fi bands and is shared amongst operators in a new and unique way utilizing the Spectrum Access System (SAS). Offerors would be expected to utilize the tier 2 CBRS Primary Access License (PAL) in collaboration with Band 14. An underutilized asset, the 4.9 GHz public safety spectrum27 (4.94 - 4.90 GHz), is also allocated for mobile and fixed wireless applications. Although no 3GPP bands exist of this spectrum, Colorado would consider innovative uses for it in both wide area network and backhaul applications. Additionally, with the advent FCC allocations28 of over 10 GHz of bandwidth and 802.11ay usage increasing, the use of millimeter bands are becoming more prevalent for use in mobile broadband. These bands will have both licensed and unlicensed allocations across the 60-80 GHz range. Carrier Aggregation. An important feature of LTE Advanced is called “carrier aggregation” or CA. This feature allows an LTE radio carrier in one radio frequency band to be coupled with another LTE radio carrier in a different band. Each of these aggregated carriers is referred to as a component carrier (CC). Up to 32 CCs can be combined to create a very large packet pipe to enable faster DL and UL throughput. Currently 3GPP has not specified any Band 14 CA combinations. The aforementioned additional spectrum resources or other existing licensed bands from an Offeror can be combined via CA in both the UL and DL. Given the higher frequency bands considered, these are more prone to small cell deployments for densification or in-building coverage. 2.9 Governor’s Decision to Opt-Out of FirstNet State Plan Once FirstNet announces its partner, it is anticipated that within 6 months of the national contract award, they will provide the “state plan”, which may include the anticipated coverage,                                                              26 https://www.fcc.gov/rulemaking/12-354 https://www.fcc.gov/49-ghz-public-safety-spectrum 28 https://www.fcc.gov/document/spectrum-frontiers-ro-and-fnprm 27 31            deployment timeline, costs, and other information, via the State Single Point of Contact (SPOC), who is the designee of the Governor. This will fulfill Section 6302 of the Act, where FirstNet must provide details of the proposed plan for build out of the NPSBN in the Colorado. At the same time, FirstNet will provide the Governor of each state or territory with a notice of the completion of the request for proposal process and the funding level for the state or territory. The Governor will have 90 days to choose whether to participate in the plan provided by FirstNet and its partner or to ‘opt-out’ and allow Colorado to conduct its own deployment of the CO-RAN. If the Governor decides to ‘opt-in’ to FirstNet’s State Plan for Colorado, Colorado is unlikely to award a contract as a result of this RFP. If the Governor decides to ‘opt-out’, then he is required to notify FirstNet, the NTIA, and the FCC before the end of the 90-day period. Silence by the Governor or lack of an affirmative ‘optout’ has been interpreted by FirstNet as a “de facto” ‘opt-in’ decision, and FirstNet would deploy the NPSBN in that state.29 2.10 FCC Regulatory Requirements30 According to Section 6302 of the Act, no later than 180 days after the date on which the Governor provides notice of the ‘opt-out’ decision, Colorado must develop and complete requests for proposals for the construction, maintenance and operation of the RAN within the state. Colorado must submit an alternative plan to the FCC that demonstrates it will be in compliance with the minimum technical interoperability requirements developed under section 6203 of the Act and interoperable with the NPSBN (see Section 2.14 for more information on the minimum technical interoperability requirements). If the FCC approves the alternative plan, Colorado must apply to the NTIA to lease spectrum capacity and may apply to the NTIA for a construction grant (see Section 2.11). If the FCC does not approve Colorado’s alternative plan, Colorado is unlikely to award a contract as a result of this RFP. This solicitation is intended to meet the RFP requirement described in the Act in order to minimize the time needed to deploy the CO-RAN. 2.11 NTIA Regulatory Requirements and State Alternative Plan Program According to Section 6302 of the Act, if the FCC provides approval of the alternative plan, Colorado must apply to the NTIA to lease spectrum capacity from FirstNet and may apply to the NTIA for a construction grant to build the CO-RAN. In order to receive grant funds and spectrum capacity leasing rights, Colorado must demonstrate the following:                                                              29 https://www.federalregister.gov/documents/2015/10/20/2015-26622/final-interpretations-of-parts-of-the-middle-class-taxrelief-and-job-creation-act-of-2012 30 The FCC issued a Notice of Proposed Rulemaking (NPRM) 16-117 in August 2016 to seek comment on the Commission’s role in the Opt-Out process (also regarding PS Docket No. 16-269, PS Docket No. 12-94 and PS Docket No. 06-229 at https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-117A1.pdf.). See Colorado’s response to the NPRM at https://drive.google.com/file/d/0Bz1j7r1gtoiTWmhSTXM3Q3JHRGs/view and Reply Comments at https://drive.google.com/file/d/0Bz1j7r1gtoiTVURKYTJTYzF5alU/view. 32                 The technical capabilities to operate, and the funding to support the CO-RAN; The ability to maintain ongoing interoperability with the NPSBN; The ability to complete the project within specified comparable timelines specific to the state; The cost-effectiveness of the state plan; and The comparable security, coverage, and quality of services to that of the NPSBN. If the NTIA does not approve Colorado’s alternative plan, Colorado is unlikely to award a contract as a result of this RFP. As described in Section 2.3, each state must apply to the NTIA SAPP31 to request approval to negotiate spectrum capacity leasing rights with FirstNet, and its application must be approved. Additionally, each state may apply for a grant representing a portion of the capital expenditures, which would have been otherwise spent in the state by FirstNet and its partner. The exact grant dollars are not determined at this time, but they are anticipated to be a percentage of the value of the network that FirstNet’s partner would have deployed in the state, if the state had selected the FirstNet state plan. 2.12 FirstNet Spectrum Capacity Lease Agreement (SCLA) & Required Payments to FirstNet Once approval is received from the NTIA for the alternative plan, Colorado may negotiate a SCLA with FirstNet to lease spectrum capacity. Currently the Adams County Communications Center (ADCOM 911) has a Spectrum Manager Lease Agreement (SMLA) with FirstNet for its early builder PSBN. This document may be available for review after a contract award with Colorado. Additionally, two previously approved SMLAs for Texas and New Jersey are available to view.32  If Colorado is not able to successfully negotiate a SCLA with FirstNet, Colorado is unlikely to award a contract as a result of this RFP. According to Section 6302 of the Act, if a state chooses build its own RAN, it shall pay any user fees associated with the state use of elements of the core network. These fees have not yet been determined but should be anticipated by the Offeror in its business model.33                                                              31 In July 2016, the NTIA initiated Docket number 160706588-6588-01 “Notice and Request for Comments” for the SAPP and the FirstNet NPSBN. The Notice can be found at: https://www.ntia.doc.gov/federal-register-notice/2016/notice-and-requestcomments-state-alternative-plan-program-sapp-and-fir and Colorado’s comments to the Notice can be found at: https://drive.google.com/file/d/0Bz1j7r1gtoiTbEFpY2UyUUtyOHc/view. 32 Texas: https://wireless2.fcc.gov/UlsEntry/attachments/attachmentViewRD.jsp;ATTACHMENTS=ZZ5pXLgDMcwXZhznmh3jv0fRfzv dPsDGpGTlbJhl r2nrvpPN11Dn!1991798947!127806463?applType=search&fileKey=1531681465&attachmentKey=19453708&attachmentInd=licAttach and New Jersey: https://www.ntia.doc.gov/files/ntia/publications/firstnet_resolution_50_re_smla_with_new_jersey.pdf. 33 FirstNet has provided a legal interpretation of the fees for use of core elements and many other topics concerning its ability to enter into a spectrum capacity lease. The interpretation can be found at: https://www.federalregister.gov/documents/2015/10/20/2015-26622/final-interpretations-of-parts-of-the-middle-class-tax-reliefand-job-creation-act-of-2012. 33            A final contract with Colorado, inclusive of spectrum access would require compliance with all aspects of the regulatory processes and negotiations with Colorado and FirstNet. Offerors should thoroughly review Sections 6208 and 6302 of the Act. 2.13 Definition of Public Safety Entity In May 2015, FirstNet issued a Third Notice requesting public comment on additional proposed interpretations, including further clarification on the definition of “Public Safety Entity.”34 FirstNet’s interpretations referenced section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f)) and Section 2 of the Homeland Security Act of 2002 (6 U.S.C.101). FirstNet has not provided any further comments or interpretations of PSE since the Third Notice. Colorado believes the specific definition of first responder or PSE lies with the local jurisdiction, which is using the CO-RAN.35 In general, Colorado’s public safety stakeholder community adopts the interpretation that anyone associated in the comprehensive response to a day-to-day or emergency incident should be prioritized as a primary user of the network while functioning in his/her capacity as a PSE. This includes, in no particular order, but is not limited to:  ‘First-In’ First responders (Law enforcement, Fire, EMS, 911)  Emergency Management  Emergency Medicine/Healthcare  Search and Rescue  Transportation  Public Works  Public Health  Utilities  School Safety/Transportation  Public Transit  Recreation, Parks, and Wildlife  District Attorneys and other investigatory entities  Corrections/Probations  Social Services  Critical Infrastructure/Key Resources (e.g., water, sanitation, etc.)  Tribal, County and Municipal Services  Federal Partners 2.14 Technology Objectives and Considerations All technical requirements questions can be found in Section 3.5.2.                                                              34 FirstNet Docket number 140821696-5400-03: https://www.federalregister.gov/documents/2015/05/05/2015-10140/furtherproposed-interpretations-of-parts-of-the-middle-class-tax-relief-and-job-creation-act-of 35 https://drive.google.com/file/d/0Bz1j7r1gtoiTRHgzdXgtdHZ5WVE/view 34            The proposed solution must meet all FCC, NTIA and FirstNet technical requirements. This includes, but is not limited to: 36  The NPSBN Section C Statement of Objectives , specifically C.7 Minimum Technical Requirements and C.8 Performance Standards. It should be noted that section C.7 includes the “FCC’s Recommended Minimum Technical Requirements to Ensure Nationwide Interoperability for the Nationwide Public Safety Broadband Network”37, this is referred to as the FCC TAB within the NPSBN RFP issued by FirstNet. The FCC TAB was mandated to develop the minimum technical requirements for the NPSBN, dated May 22, 2012, by the FCC under the FCC Order 12-68 and is called out as the FCC TAB RMTR report38.  The services provided by the Offeror will also need to comply with FirstNet NPSBN Section J, Attachment J-4, System and Standards Views.  Additionally, Colorado requires the Offeror to comply with 3GPP standards and other applicable open, non-proprietary, commercially available standards and implementation guidelines i.e. GSMA IR.92 for Voice over LTE (VoLTE). Colorado will be using 3GPP Release 13 as a baseline for system deployment. This will be done to support Mission Critical Push To Talk (MCPTT) services throughout the state. REQUIRMENT: Brand name or Equivalent. The brand names/original equipment manufacturers (OEM) associated with the Offeror’s proposed equipment are important for several reasons.  Colorado is required to be fully compliant with FirstNet’s national network. Deploying the same or equivalent brand, which has undergone rigorous functional testing and is deployed by FirstNet, may vastly reduce the scope of interoperability testing required of the Colorado.  The Offeror will ultimately bear all costs of interoperability testing.  The CO-RAN and CO-CORE represent critical infrastructure for Colorado; the equipment must be of high quality and manufactured by OEMs, which guarantee the firmware and software do not contain any form of malware or other harmful components. The CO-RAN and CO-CORE may carry traffic that is for criminal justice, medical and other purposes. The Offeror will be required to use the brand name or equivalent in regards to all radio and networking components (defined as anything associated with the RF and networking components of the RAN) that are being implemented by the national FirstNet contract partner.39 Any brand                                                              36 FirstNet Nationwide Public Safety Broadband Network (NPSBN) Solicitation Number: D15PS00295E. https://www.fbo.gov/index?s=opportunity&mode=form&id=33106ecc75222458a6e4405b0f66bd2e&tab=core&_cview=1 37 https://ecfsapi.fcc.gov/file/7021919873.pdf 38 The Offeror’s solution shall comply with the NPSBN minimum requirements as outlined by FirstNet in the NPSBN RFB Section J, Attachment J-3, FCC TAB RMTR), including the clarification issued by the TAB on June 6, 2012 (also referenced in the FCC’s 12-68 order). 39 As of the date of this RFP, the FirstNet contract had not been awarded. Once the award is announced, this RFP may be amended to reflect that information. 35            name equipment or equivalent must be consistent with the Act, FirstNet policies and the listed objectives. All costs (interoperability testing, standards implementation, etc.) associated with verifying the equivalence of non-brand name but equivalent components will be borne by the Offeror and appropriate documentation must be provided to Colorado during the RFP process. RAN Requirements. The main technical purpose of this RFP is to deploy a 3GPP based, Band 14 (758 - 768 MHz, 788 - 798 MHz), LTE RAN in Colorado. The CO-RAN equipment comprises multiple elements for this specific proposal and includes, but is not limited, to the following components: RF antenna system, coaxial cables, Band 14 eNode B with multiple configurations e.g. macro, small, femto and pico cell, cell site router, security gateway, hetnet gateway, alarm interface and all software (hypervisor, OS, application). Minimally the CO-RAN shall be interoperable with the NPSBN FirstNet requirements40 and 3GPP Release 13. Colorado encourages a RAN architecture that supports PSEs and secondary applications/business opportunities that utilize the excess capacity of the RAN. The CO-RAN solution(s) proposed must be flexible and be able to evolve over time. Colorado encourages innovative proposals that maximize coverage with the minimum number of sites, and could utilize a variety of technologies including: Remote Radio Head (RRH) configurations, 4 branch receive diversity (2T4R) configurations, Full Dimension-MIMO (Multiple-Input Multiple Output) and beam steering technologies. Colorado will require other RAN-related functionality such as 3GPP MCPTT (with the ability to multicast data to thousands of users simultaneously) and Evolved Multimedia Broadcast Multicast Services (eMBMS) for Group Communication System Enablers (GCSE) with specific eNodeB impacts to implementation of the Multi-call/Multicast Coordination Entity (MCE). In building solutions such as distributed antenna systems (DAS) and small cells provide capacity and high data rates in important and/or high density public venues. The Offeror may wish to utilize other licensed spectrum and unlicensed spectrum in conjunction with Band 14 LTE, utilizing technologies such as LTE-U, LTE LAA or LTE LWA41. Utilizing all these bands may require the deployment of a heterogeneous network or HetNet architecture. In order to meet indoor coverage objectives, Colorado encourages innovative solutions to provide localized coverage. Use of outdoor macro cell, outdoor small cell, outdoor micro cell                                                              40 Interoperability with Offeror of First Net RFP Section L Instructions, Conditions, and Notices to Offerors or Respondents L3.2.1.2.2.3 NPSBN Vendor Infrastructure Equipment  41 LTE-U = LTE Unlicensed, LTE LAA = LTE Licensed Assisted Access, LTE LWA = LTE Wireless Local Area Network (WLAN) Aggregation 36            (>5W power/port), Light Fidelity (Li-FI)42, indoor small cells (picocells and femtocells), and all other relevant technologies should all be considered in the Offeror’s proposal. For each eNodeB and CO-RAN solution provided, Colorado requires the Offeror to provide the following information: 1. Product description of all proposed RAN equipment. 2. System and node 3GPP Release 13 compliance test report and associated integration and verification test reports for the initial proposed release. 3. Dimensioning and capacity guideline for all RAN equipment and software e.g., baseband unit (BBU) capacity, power amplifier (PA) power/Radio Resource Control (RRC) connections, router transactions per second (TPS). 4. Detailed RAN site configuration details for power, heating ventilation and air conditioning (HVAC), hardware and mechanical specifications and requirements. 5. 3GPP Conformance and performance testing results. 6. Proposed RAN network diagram with logical and physical connections to Colorado, FirstNet and commercial mobile network operators (MNO). 7. Provide product roadmap support for 3GPP Release 13 thru Release 15, including upgrades to 5G NR (5th Generation New Radio). 8. RAN backhaul topology for Colorado including HetNet integration for FirstNet backhaul integration. The Core Network. The CO-RAN is a mission critical network that needs to remain in operation 24x7x365. Colorado has unique physical features (the Rocky Mountains, which form the Continental Divide) that subject telecommunications infrastructure (both microwave and fiber) to weather-related risks (high winds, ice, precipitation, and frost heaves). The Act describes the core as "national or regional data centers". Such a thin distribution of critical resources might be adequate for some commercial networks, but falls short of the availability,43 redundancy and diversity requirements of Colorado’s PSEs. Typical call and data session processing require interconnection to a LTE Evolved Packet System (EPS). The EPS contains the nodes that consist of the Evolved Packet Core (EPC)44, Home Subscriber System (HSS) and Policy and Charging Rules Function (PCRF) and other ancillary support systems. These other ancillary support systems include the Operations & Maintenance (O&M), network monitoring and billing systems. Collectively we call these systems components the core network. In order to support standalone deployable operations, maintain local control (local breakout of the P-GW), ensure SLA performance and most importantly provide operational redundancy to the network, Colorado requires a load sharing, redundant core network to support the CO-RAN. The core network will be required to interact                                                              42 http://www.techworld.com/big-data/what-is-li-fi-everything-you-need-know-3632764/ http://www.fiercewireless.com/wireless/at-t-suffers-major-network-outage-saturday 44 EPC elements include Mobility Management Entity (MME), Serving Gateway (S-GW), Packet Data Network Gateway (PGW)  43 37            with the NPSBN, similar to a third party network where services and policy can be tunneled through end-to-end. With the advent of network function virtualization (NFV) for most core elements, Colorado expects most solutions to embrace this technology innovation and provide it with a distributed, redundant, load bearing, scalable and cost affordable platform. Employing a technology where network slicing could be utilized would allow for new critical communications applications (e.g. intelligent transportation) to be deployed within Colorado and enable a variety of commercial relationships (MVNOs, wholesale arrangements, etc.) that will help fully utilize the resources of the CO-RAN, but which might or might not be supported by the NPSBN architecture. The Offeror is required to provide a minimum core network within the Colorado, the CO-CORE, that connects to the national core network of FirstNet to ensure the CO-RAN continues to function in the event that it is disconnected from the FirstNet core network. The CO-CORE functionality should be invisible to users. It also enables the Offeror to sell wholesale services to MVNOs who may wish to connect to elements of the CO-CORE. The Offeror is required to: 1. Provide product information on their 3GPP Release 13 feature compliant LTE EPS and related elements that will comprise the CO-CORE. 2. Provide roadmap for future 3GPP releases including Next Generation Core support. 3. Dimensioning and capacity guideline for all proposed CO-CORE equipment and software including all virtualized elements, hardware input/output (I/O), storage, and compute requirements. 4. Detailed CO-CORE site server configuration details for power, HVAC, hardware and mechanical specifications and requirements. 5. Proposed redundant CO-CORE network diagram with logical and physical connections to Colorado and the NPSBN. 6. Subscriber management proposal to manage HSS/PCRF database in the CO-CORE and NPSBN. Interfaces/Interoperability/Compatibility with FirstNet. This RFP encompasses the CORAN being part of the NPSBN with EPC connectivity to FirstNet. Multiple logical and physical interfaces are required to interconnect between Colorado, referred to as a Public Safety Enterprise Network (PSEN), and FirstNet45. These interconnections between the PSEN(s) and FirstNet are referred to as Interface #7 by FirstNet. Specifically, Interface #7 encompasses user plane, control plane, security plane, transmission plane and management plane connections between Colorado and FirstNet. The Offeror will ensure Colorado maintains interoperability and connectivity with FirstNet for the duration of the network. The Offeror is required to:                                                              45 See FirstNet RFP Section J, Attachment J-4 System and Standards Views for more detailed information. 38            1. Identify all the specific interfaces required to interoperate with the FirstNet network such as, but not limited to, backhaul (S1-MME, S1-U), Remote Electrical Tilt (RET) and local control interfaces. 2. Provide a proposed interconnection(s) diagram between the CO-RAN and FirstNet with all identified interfaces. Cyber Security. Security features of the CO-RAN shall be compliant with the State of Colorado security requirements46, NPSBN FirstNet cyber security requirements47, 3GPP security requirements and specifically 3GPP TS 33.17948 and TS 33.18049 Security of Mission Critical Push To Talk (MCPTT) and Mission Critical Service over LTE. Deployables. Colorado has varied terrain morphology and varying population density due to seasonal events like alpine skiing. Often times the recreational areas are in national parks, mountaintops and river canyons making fixed deployments difficult to implement. Colorado coverage objectives are detailed in Attachment A; in order to facilitate these coverage objectives, supplement demand surge (e.g. Bronco’s Super Bowl parade) and provide emergency coverage, the use of deployable technologies will be necessary. Deployable technologies encompass a range of items, generally characterized as the following:50      Cell on Wheels (COW): a cellular base station on a trailer with an expandable antenna mast and usually a microwave or satellite link back to the main controller Cell on Light Truck (COLT): a cellular base station on a light truck platform with an expandable antenna mast and usually a microwave or satellite link back to the main controller System on Wheels (SOW): a full base station and controller on a trailer/truck/big rig/etc. A SOW is a fully self-contained cellular system that can provide an island system with no need for satellite/microwave link back; applicability of this type of deployable technology may be limited if there is no Internet connectivity Unmanned Aerial Systems (UAS) and Robotics: Deployable UAS (e.g., drones) in the Class G uncontrolled airspace (400’ Above Ground Level (AGL)), fixed, multi-rotor, and tethered UAS, some of which are capable of providing hot spot and wide-area coverage. Similar waterborne vehicles include Remotely Operated Vehicle (ROV) and Unmanned Underwater Vehicle (UUV) Other systems including vehicular network systems (VNS)51 and man-packs Generally, these units would be deployed at times of an incident to the affected area. These mobile communication units would be temporarily installed and may use existing satellite,                                                              46 http://www.oit.state.co.us/ois/policies See FirstNet RFP Section J, Attachment J-10, Cybersecurity for more detailed information  48 https://portal.3gpp.org/desktopmodules/Specifications/SpecificationDetails.aspx?specificationId=2944 49 https://portal.3gpp.org/desktopmodules/Specifications/SpecificationDetails.aspx?specificationId=3127 50 http://www.firstnet.gov/newsroom/blog/tech-talk-updated-vehicular-network-system-vision 51 http://www.firstnet.gov/newsroom/blog/cto-blog-mobile-communications-unit-mcu 47 39            microwave, or radio systems for backhaul. The Offeror must have a robust regionalized deployable strategy, ensuring that deployable network equipment be available and fully operational with the required backhaul and/or networking capabilities, in any part of a county or tribe within the SLA window specified by Colorado. Performance Expectations. The CO-RAN network and presumably the NPSBN are intended to be mission critical networks. The systems must be available 24 hours a day, every day (i.e. 24x7x365) on a non-stop, fault tolerant basis. Typical LMR networks are often referred to as “5 nines” systems. This term refers to 99.999% availability or approximately 5.26 minutes of downtime per year. In a cellular based LTE network with many more site locations, components and interconnections to external entities like FirstNet, Colorado understands this this metric may not be pertinent for the CO-RAN. Colorado requires the Offeror to utilize modern communication networks metrics as defined in TL-9000 and the Quest Forum. The Offeror should use industry accepted best practices52 to ensure that all equipment, software and network designs ensure optimal performance. These metrics include:53 1. Availability – An item to be in the state to perform a required function at a given instant of time or at any instant of time within a given time interval, assuming that external resources required, if required are provided, e.g., “uptime.” 2. Restorability – When a disruption occurs, services must be capable of being reprovisioned, repaired, or restored to required service levels on a priority basis. 3. Reliability – The probability that a service can perform a required function under stated conditions for a given time interval. i.e. Mean Time Between Failure (MTBF) and Failure Rate. 4. Integrity – The degree to which service is provided without excessive impairments, once obtained. The Offeror will provide the technology and implementation strategy to enable the CO-RAN to operate at maximum performance. This will include the following, but is not limited to: 1. Fault tolerant or high availability software and hardware platforms available for the CORAN. 2. Redundant hardware and power backup solutions (e.g. battery, solar, wind, kinetic energy storage, etc.) that will be utilized in the CO-RAN. 3. Product and implementation details on NFV or cloud based implementations of specific portions of the CO-RAN such as the BBU of the eNodeB and MCPTT application server. 4. Proof of TL-9000 and ISO9001 or similar certifications for all proposed elements of the CO-RAN.                                                              52 E.g. TL-9000 Quality Management, ISO 9001:2008, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU-T Y.1271 Framework on network requirements and capabilities to support emergency telecommunications over evolving circuit-switched and packet-switched networks. 53 Metrics defined as per TM Forum GB917, Release 3.1 version 1.2: https://www.tmforum.org/resources/standard/gb917-slamanagement-handbook-release-3-1/  40            Quality of Service, Priority, and Premption (QPP). The key differentiator in the CO-RAN and NPSBN is the ability to give public safety users and applications guaranteed QoS and priority within the RAN. The intent of the CO-RAN is to potentially be a shared resource with non-public safety users via a MOCN/MORAN configuration, which may require the ability to reassign or preempt resources within the cell. REQUIREMENT: In all instances, the QPP enablement in the network must prioritize public safety traffic over non-public safety users. Several advances in QPP and emergency alerts have been made in 3GPP specifically for public safety use, which the CO-RAN will look to utilize. These features include but are not limited to:  QoS Class Identifiers (QCI) values defined in 3GPP TS 23.20354 R13 – specifically QCI 65, 66, 69, and 70 are required to be supported for MCPTT  Customer-specific QCIs for MOCN  Allocation Retention Priority (ARP) – all 15 levels  Pre-emption for RRC requests  Access Class Barring (ACB) – support for ACB 0-9 and special classes 10-15  Wireless Emergency Alert (WEA) - for up to 15 Emergency Area IDs (EAID) per cell  High Priority Access (HPA) - National Security/Emergency Preparedness alerts Offeror’s responses will need to address their support for each of these features and any innovations they have in QPP. The CO-RAN and NPSBN will go beyond the standards specifications available in 3GPP to enable QPP. Mapping of QCIs to backhaul DiffServ Code Points (DSCP) IP backhaul traffic prioritization parameters will be required between CO-RAN and FirstNet. Other key areas of QPP include being able to look at the user, operational and application profiles to dynamically create, implement and enforce QPP. Colorado seeks innovative solutions in the response on how to address these complex issues and a comprehensive QPP implementation plan. Mission Critical Push to Talk (MCPTT). The use of Push-to-Talk (PTT) services over LTE is required by Colorado. The Offeror’s technology implementation shall be compliant with 3GPP TS 22.17955 and TS 23.17956 Mission Critical Push to Talk (MCPTT) standards and will be interoperable with all NPSBN requirements as indicated by FirstNet. Colorado understands that the status of MCPTT development is in early stages and may not initially include all features such as LTE Proximity Services (LTE ProSe or Direct Mode). Colorado seeks comprehensive solutions for both the network and devices that will allow for these future upgrades to be as seamless as possible. Additionally, the solutions provided should be able to support advanced features such as GCSE based on eMBMS, services and interworking over WLAN Wi-Fi, Push-To-Video (multicast and unicast), services support while roaming.                                                              54 https://portal.3gpp.org/desktopmodules/Specifications/SpecificationDetails.aspx?specificationId=810 https://portal.3gpp.org/desktopmodules/Specifications/SpecificationDetails.aspx?specificationId=623 56 https://portal.3gpp.org/desktopmodules/Specifications/SpecificationDetails.aspx?specificationId=805 55 41            Colorado is home to the statewide Digital Trunked Radio System (DTRS) P25 LMR network. The more than 225 radio sites and five Zone Controllers provide service for over 1,000 state, local, federal and tribal agencies with 93,000+ subscriber radios, and over 500 dispatch console connections. In addition to the DTRS P25 network, several other P25 and conventional networks are owned and managed by local agencies or regional consortia. In the Denver metropolitan area there are 5 separate P25 networks, by 3 LMR manufacturers connected via P25 ISSI. Minimal features that must be supported are the following:  Transcoding support for Adaptive Multi-Rate Wideband (AMR-WB) and Improved Multi-Band Excitation (IMBE)/Advanced Multi-Band Excitation (AMBE)  Advanced Encryption Standard (AES-128) for voice and signalling  PSAP dispatch console interface and integration  Group Call Setup/Teardown  Subscriber Unit (SU) Call Setup/Teardown  PTT Voice services for Group and SU Calls  Roaming Services o Subscriber Management o SU Authentication 2.15 Existing Public Infrastructure Assets The following are examples of existing public infrastructure assets, which may be used in the future CO-RAN. Mention of these assets makes no assumption about an existing relationship between any entity to access an asset, to be compensated for use of an asset, or the structural integrity of an asset. ADCOM LTE Network. 57 ADCOM 911, the primary PSAP for Adams County, Colorado was awarded a Broadband Technology Opportunities Program (BTOP) grant for $12.1M to build a fully operational countywide PSBN in 2010.58 The ADCOM network is a fully functional operation, including an EPC, 19 LTE sites (3 are located at the Denver International Airport (DIA)), and hundreds of public safety users. State, Tribal and Local Microwave Network and Tower Assets. Colorado has taken a system of systems approach to public safety mission critical voice communications, including to the Digital Trunked Radio System (DTRS), a mission critical LMR network with over 225 sites across the state, owned by federal, state, local and tribal governments. These sites are                                                              57 58 https://sites.google.com/a/state.co.us/firstnetcolorado/home/network-coverage/adcom-911-public-safety-broadband-network http://www2.ntia.doc.gov/grantee/adams-county-communications-center-inc-adcom 42            interconnected by a mostly state-owned microwave network (some microwave links are owned by other federal, local and tribal partners). Fiber Assets – Public or Quasi-Governmental. Colorado has taken a proactive approach to rural broadband planning by creating Local Technology Planning Teams (LTPT). The LTPT’s have created regional broadband strategic plans, and some counties and regions have begun constructing broadband networks.59 (See Section 2.17 for more information). Community Anchor Institutions. Colorado has identified almost 7,000 CAIs through the BTOP State Broadband Initiative (SBI) grant funding received in 2009.60 2.16 Existing Private Sector Assets The following are examples of existing private sector assets, which may be used in the future CO-RAN. Mention of these assets makes no assumption about an existing relationship between any entity to access an asset, to be compensated for use of an asset, or the structural integrity of an asset. National Mobile Operators. The four national mobile operators have a presence in urban/suburban Colorado and some areas of rural Colorado. Because Band 14 is similar to other 700 MHz bands to a mobile operator, the same equipment (e.g., radios, high-powered amplifiers, coaxial cables, and antennas) that provides LTE service in the other 700 MHz sub-bands will be able, with few or any modifications, to provide Band 14 capabilities. Large economies of scale in deploying Band 14 LTE in collaboration with an existing mobile operator may be possible. Regional Mobile Operators. The Act establishing FirstNet mandates that the national partner establish partnerships with rural service providers. The economies of scale described for the national operator also apply to the regional mobile operator. Mobile Virtual Network Enablers (MVNEs). A mobile virtual network operator (MVNO) purchases wholesale network capacity then sells services to end users. An MVNO is enabled by a mobile virtual network enabler (MVNE), a firm with key enabling software platforms and, typically, wholesale relationships with facilities-based network operators. Colorado would consider MVNO relationships in a partnership to enhance roaming capabilities and to monetize excess capacity. Leasable Commercial Cell Sites. There are multiple site-leasing firms in Colorado, which may limit the need to build Greenfield sites. Fiber and Microwave Assets. Private telecommunications firms own a significant amount of fiber (dark and lit) and microwave infrastructure within Colorado.                                                              59 60 https://www.colorado.gov/pacific/dola/broadband-program https://www2.ntia.doc.gov/sbdd 43            2.17 Existing Complimentary Efforts & Potential Revenue Opportunities In addition to the FirstNet Colorado efforts, Colorado has several ongoing communications related efforts at both a local and state level. Next Generation 9-1-1and ESInet. As in many states, PSAPs and other Colorado public safety stakeholders are trying to determine the best approach to implementation of NG9-1-1 across the state. As a home-rule state, the operations and financing of 9-1-1 occurs at a local jurisdiction level through regional coordination via fifty-eight 9-1-1 funding Authorities and daily operations under the purview of more than 100 primary and secondary PSAPs. The legacy 9-1-1 network is maintained and operated through a Basic Emergency Service Provider (BESP) that is regulated through the state Public Utilities Commission (PUC). In September 2016, a legislative “Task Force on 911 Oversight, Outage Reporting and Reliability” was to make recommendations regarding governance and implementation of NG9-1-1. Their report can be found at: http://leg.colorado.gov/node/963996/. The current financial structure for Colorado’s 9-1-1 services are based on locally levied surcharges that flows to the various 9-1-1 Authorities, which in turn provide funding to specific PSAPs within their jurisdiction. The BESP provides Authorities and/or PSAPs 911 service based on a statewide tariffed rate structure and 911 rules. While the long-term nexus between NG9-1-1 and the NPSBN is well documented, for the purposes of the CO-RAN we are interested in identifying synergies at the infrastructure and transport levels. Offerors are encouraged to detail how the infrastructure utilized in the development of the CO-RAN could be augmented to create a statewide ESInet for 9-1-1 service delivery. Note, we are not interested in service management, governance or other operational aspects. Phase I responses should be limited to conceptual discussions that focus on the physical infrastructure and how any revenue and costs associated with an ESInet would impact the overall project. Offerors that are asked to submit a Phase II proposal should expect to provide additional details on these issues and be prepared to have the proposal reviewed by expert stakeholders from the 9-1-1 community. Minimum expectations for any submission are:  Wired infrastructure connecting all PSAPs  Physically diverse connections to as many PSAPs as possible  Structure that allows for operational and financial differentiation for NG9-1-1 specific functions, including an explanation of the underlying methods/technology for achieving differentiation  Sustainability plan and lifecycle innovation approach for an ESInet infrastructure that could support NG9-1-1 services 44            For additional information on 9-1-1 in Colorado, visit the PUC website, https://www.colorado.gov/pacific/dora/emergency911 or the Colorado 9-1-1 Resource Center, http://www.co911rc.org. Intelligent Transportation System - RoadX. “CDOT exists to ensure that Colorado has a safe and efficient highway system by building and maintaining interstates, US highways and state highways.” 61 It does this by conducting three primary services: snow and ice operations, roadway maintenance and preservation (23,000 total lane miles of highway), and construction management. With an expected 47% increase in traffic miles by 2030, CDOT recently launched the RoadX program to begin developing a long-term platform for intelligent transportation. “RoadX will use 21st century technology and ingenuity to solve our current infrastructure challenges. Bold thinking and bold actions drive progress. That means smarter roadways with more informed drivers and, eventually, self-driving cars that can communicate with the roads on which they travel.”62 To accomplish the overarching goals CDOT intends “…to be a national leader in using innovative technology to improve our transportation system.”63 Additionally, CDOT wants to ensure “industry has a direct pipeline to deploy technological solutions to transform and aging transportation system.” The FirstNet Colorado team has been collaborating with CDOT to explore synergies between the effort to implement the NPSBN and the RoadX effort. Public safety and transportation are intrinsically interdependent and that reliance will only grow in the future. One of the primary ‘Action Areas’ of the RoadX program is “Connectivity” with a goal to: Develop “Develop solutions to transform data into actionable intelligence, and deliver to drivers, cellular/mobile applications, and connected and autonomous vehicles.” Given this interaction, Offerors are encouraged to propose solutions that will include the potential needs of the RoadX program into the final solution from an infrastructure, operational and financial perspective. This may include (but is not limited to):  Options for utilizing the CO-RAN as a primary mechanism for providing the wireless connectivity necessary for the RoadX program  Utilizing the physical infrastructure (towers, fiber, conduit, microwave, etc.) in the CORAN for additional communication needs for the RoadX program.  Developing a plan/model for the large array of sensors necessary for the RoadX program                                                              61 https://www.codot.gov/about https://www.codot.gov/programs/roadx 63 https://www.codot.gov/programs/roadx/roadx 62 45             Proposing/discussing how the significant Rights-of-Way (ROW) managed by CDOT can be utilized in the overall project Phase I responses should be limited to conceptual discussions that focus on the issues identified above. Offerors that are asked to submit a Phase II proposal should expect to provide additional details on the physical, operational and financial aspects of the proposal, which will be reviewed by key transportation stakeholders. Public Transportation Infrastructure (Buses, Trains). Colorado has a robust public transportation infrastructure in its major cities. For example, the RTD-Denver is responsible for public transportation serving 2.92 million people in a 2,342 square mile district covering the Denver metropolitan area and its suburbs.64 This infrastructure includes 1,023 buses, 172 light rail vehicles serving 58.5 miles of track, and 66 commuter rail vehicles serving 29 miles of track, with annual boardings during most of 2016 totaling 101,297,072 people.65   Wireless communications is needed for many operational functions, and generates wireless broadband traffic. The Computer Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system requires real time data communications for logistics (knowing the location of each bus or train) and for messaging operators individually or in groups according to routes or geographical areas for traffic information and detours. That communications path is also used to control the onboard 2way radio settings for private voice conversations with dispatchers. Security needs include emergency alarm and covert microphone listen-in capability. Buses and trains are currently equipped with video cameras and recording equipment. The captured video images are stored on the vehicle and are then offloaded via Wi-Fi in garage facilities. The transmission of these images is increasingly being done in real time via broadband connectivity – a solution that increases security, reduces first responder response time, and increases the effectiveness of any response. Passenger services such as electronic fare collection and on-board Wi-Fi also require real time broadband connectivity. Additionally, there are transit districts of varying size in many Colorado counties and municipalities.66 Rural Broadband. Through OIT, the state has been actively engaged in expanding broadband access and capacity to the underserved areas in Colorado. The overall program includes:  Developing local and regional strategic broadband plans throughout the state  Working with local stakeholders and the private sector to increase middle-mile infrastructure to connect CAIS throughout the state. This includes:                                                              64 http://www.rtd-denver.com/factsAndFigures.shtml Ibid. 66 http://www.apta.com/resources/links/unitedstates/Pages/ColoradoTransitLinks.aspx 65 46            Efforts to utilize the federal E-Rate program to ensure all schools in the state meet connectivity goals o Working with the Colorado Telehealth Network (CTN) to utilize the federal Telehealth program to expand connectivity to qualifying health care facilities Promoting private sector utilization of infrastructure to expand last-mile access to residences and businesses Coordinating efforts with the Broadband Deployment Board67 and the associated funding mechanism to maximize investment throughout the state o   The Governor recently increased the emphasis on these efforts by creating a separate Broadband Office within OIT and established formal goals of achieving 85% rural broadband availability by 2018 and 100% availability by 2020. Offerors are encouraged to identify and discuss synergies between the primary objective of the RFP and the efforts of these programs. This could be both infrastructure and service level opportunities to further the overarching availability objectives. Offerors should discuss the conceptual general business issues that would be put in place to help accomplish these goals in Phase I. In Phase II, Offerors will be requested to provide specific functional and business elements to be reviewed in the overall scoring. The following is a summary of some of the specific programs within the overall broadband effort.  E-Rate: Partnering with Education Superhighway68, Colorado is working to ensure that all Colorado schools meet national connectivity objectives. The two priorities are ensuring that all schools have the necessary infrastructure to provide high-bandwidth connectivity and ensuring affordability. The effort is focused on maximizing the statewide utilization of E-Rate funds as outlined in the 2015 Federal Communications Commission (FCC) order.69  Telehealth: Similar to the E-Rate program, the FCC oversees a national program to expand connectivity to qualified health care facilities. The utilization of remote and eHealth services will be critical to Colorado’s future.  Local Government Infrastructure Grant Program: In addition to leading the regional broadband planning effort, the Colorado Department of Local Affairs (DOLA) has funded multiple middle-mile infrastructure projects throughout the state. These projects are provided to local governments as capital grants to establish infrastructure in their jurisdictions and to partner with the private sector to provide service to their CAIs. Additional information on the program can be found at: https://www.colorado.gov/pacific/dola/broadband-program.  Broadband Deployment Board: Established in state statute in 2014, the Broadband Deployment Board is tasked with overseeing a program to fund grants to private sector                                                              67 https://www.colorado.gov/pacific/dora-broadband-fund/deployment-board https://www.educationsuperhighway.org/ 69 https://www.fcc.gov/general/summary-e-rate-modernization-order 68 47            businesses to provide last-mile broadband access to rural Colorado. This public board has established policies and procedures and recently made its first round of grant awards that will enable service throughout the state. Additional information can be found at: https://www.colorado.gov/pacific/dora-broadband-fund. For information on all broadband efforts, visit http://broadband.co.gov. 2.18 Proposed Coverage Provided to FirstNet for RFP response In March 2015, FirstNet proposed coverage objectives to each state. If a state did not provide data supporting alternative coverage objectives back to FirstNet, then FirstNet was going to publish their original coverage objectives in its 2016 national RFP. For Colorado, FirstNet’s initial coverage objectives proposed covering mostly major roadways and population centers, which resulted in only ~24% geographic coverage across the state. This was unacceptable. In September 2015, Colorado countered with ~97% geographic coverage, factually substantiated by multiple data sets. See Attachment A for a detailed explanation of Colorado’s Coverage Objectives. 48            SECTION 3: PROPOSAL PHASE and PROJECT REQUIREMENTS and QUESTIONS  Submissions must include all mandatory requirements listed in Section 3.3 Procurement Mandatory Requirements. 3.1 RFP Phase Requirements This RFP will be released in two phases. The objectives of each phase are explained below. Phase I. In Phase I of the RFP process, Colorado seeks to:  Identify capable Offerors that could build and/or operate and/or finance the CO-RAN; this will be done by assessing the basic managerial, technical and financial capabilities of each Offeror.  Assess the high level quality and other key characteristics of the system solution proposed by each Offeror.  Assess the high level geographic coverage footprint proposed by the Offeror.  Assess the ability of the Offeror to fund the project and to effectively monetize any excess capacity. The preliminary network design and the demand analysis that Colorado has developed and included in Attachments A and C suggests there will be excess capacity available for this purpose.  Identify whether a Offeror is able to build and operate the network (including monetizing the excess capacity) or whether multiple parties are needed for a complete solution, e.g. one party building the network and another party operating the network/monetizing the excess capacity.  Understand the basic set of commitments an Offeror is willing to make based on the Phase I requirements and questions (e.g., state bonding requirements and the FCC, NTIA and FirstNet regulatory process as detailed in the Act).  Understand how an Offeror would integrate the secondary objectives (NG9-1-1, transportation and transit, healthcare, and other broadband initiatives) into the overall solution. See Section 2.17. Phase II. In Phase II of the RFP process, Colorado seeks to:  Understand the detailed financials associated with each offer, including initial capital to construct, ongoing operational and maintenance costs, end-user fee structures and monetization of spectrum and other network capacity. o These financials will be used to determine the proposal with the best utilization of capital resources and long-term operational sustainability  Assess a comprehensive radio system design, including: o Coverage and capacity o RF elements, including brand name or equivalent requirement o Backhaul/networking elements and components 49                 o Site locations, etc. Assess comprehensive deployment timelines. Understand a detailed set of commitments an Offeror is willing to make based on the Phase II requirements and questions. Analyze the structure and long-term benefits of the business model proposed by the Offeror. Colorado reserves the right to identify one or more candidate teams of build/operate Offerors based on the quality and scoring of responses. Colorado will only initiate Phase II if it is confident of an opt-out decision, and is ready to ask Offeror to commit time and resources to a comprehensive CO-RAN proposal. 3.2 Project Requirements As summarized in Section 2.5, this RFP describes two distinct projects: 1/network (CO-RAN) construction and 2/network (CO-RAN) operations and monetization. Offerors may respond to either project separately or may respond to both in a single response. Complete and comprehensive responses will ensure that the evaluation team has all necessary information to make an informed decision. The two elements will be reviewed and scored independently and the solution(s) that are most advantageous to Colorado will be selected. The two projects of this RFP, Network Construction and Network Operations and Monetization are described below. (These are not exhaustive descriptions, are subject to further elaboration, and are meant to give the Offeror an idea of the basic project requirements). Project A: Network (CO-RAN) Construction. The network construction project includes:  Regulatory Support / Participation in the Opt-Out Process; see Sections 2.9 through 2.12.  Design. Develop a final radio system design for the CO-RAN, including finalizing site locations, antenna elevations, down-tilt (where appropriate), and choice of antennas, etc. to ensure a broad coverage footprint with ample capacity to meet the needs of public safety.  Deploy. Deploy the network in an efficient manner by: o Executing any partner/subcontractor relationships with existing mobile operators and/or site owners. o Enhancing existing sites as needed to support Band 14. o Constructing new sites as needed to support Band 14. o Commissioning of the network:  Test every sector of every site to ensure that the hardware in functioning appropriately  Test the backhaul network to ensure that it delivers the required performance and is resilient to likely failure modes  Test the system performance to ensure antenna placement and system parameters (including handoff parameters) maximize system performance 50             Demonstrate compliance with the “Recommended Minimum Technical Requirements to Ensure Nationwide Interoperability for the Nationwide Public Safety Broadband Network” (May 22, 2012)  Demonstrate compliance with all relevant FirstNet policies  Demonstrate that all the required interfaces are functioning properly and able to scale as demand increases. These interfaces include, but aren’t limited to:  Interoperability with the FirstNet EPC  Interoperability with third party wholesale / MVNO core network elements  Interoperability with all provisioning/authentication/billing infrastructures envisioned at launch  Connectivity with PSAPs and other PSENs  Support for existing 911 location services, as required of commercial mobile operators  Support for emerging NG9-1-1 services (to the extent to which interfaces are defined and implemented within Colorado)  Support for all interfaces associated with any LTE/LMR integration plan (e.g., ISSI)  Support for any other identified wireless communications interfaces to the extent to which they are defined and operational within Colorado at the time of launch (e.g., Intelligent Transportation Systems – RoadX)  Support for fixed wireless broadband connectivity in rural areas, as might be required by a school, library, government building, residence, or business. o Test carrier aggregation, to the extent to which it has been approved by the standards bodies for Band 14, implemented in network infrastructure, implemented in handsets, and supported by partner operators within Colorado with access to the appropriate spectrum bands. o Demonstrate that appropriate long-lead planning has occurred to ensure that the network will gracefully evolve to support future LTE releases, to the extent to which they are defined and commercially available at the launch date and envisioned to be deployed by FirstNet. o Project A may begin only after a comprehensive financial plan is in place. Project B: Network (CO-RAN) Operations and Monetization. The network operations and monetization project includes:  Regulatory Support / Participation in the Opt-Out Process; see Sections 2.9 through 2.12.  Finance. The Offeror must provide the equity and debit capital required to build the CORAN. The cost of construction might be mitigated by a construction grant from the NTIA. Project A may begin only after a comprehensive financial plan is in place. The capital associated with the plan must allow for complete project implementation as well 51                as initial resources necessary to solidify user adoption and ensure a sustainable business model. Retail Ecosystem/Operations. The retail ecosystem, which should be in conjunction with the national effort developed by the FirstNet partner, must ensure a retail presence available to all state agencies, counties and tribes with the following services: o Retail sales and distribution of devices o Retail sales and distribution of SIM cards o Equipment installation o Provisioning of Band 14 service (data and voice) and multiple-band service o Customer service/support o Interfaces/infrastructure to support PSE self-provisioning and equipment installation o Billing Approach and implementation of spectrum management. Excess capacity monetization and strategy. Excess Backhaul and Infrastructure Capacity. In addition to the excess spectrum capacity available under the agreement, Colorado anticipates potentially significant excess capacity (e.g., fiber optics, vertical assets, etc.) will exist within the backhaul network and associated infrastructure. The Offeror shall deliver a proposal that implements the concepts of an Open Access Network (OAN) for these elements. Specifically: o The Offeror shall offer local, regional, national, and international operators access to the network (IRU’s, lit-services, tower leases, etc.) on a nondiscriminatory basis. o The Offeror will be expected to detail the specifics of how this secondary access will be implemented and integrated this into its business/financial model. o It is required that all public safety traffic within the backhaul network and/or infrastructure will maintain the same priority, preemption, and quality of service parameters as the RF elements of the network. o These OAN requirements apply only to new towers and new backhaul infrastructure (e.g., fiber or microwave) constructed as part of an award of this RFP. The Offeror has no obligation to unbundle and resell capacity on its existing infrastructure/assets.  Network Financial Reporting, Regulatory Compliance and Governance. The Offeror must provide professional management over a complex network infrastructure including but not limited to: human organizational design and staffing, all required state project management reporting, network performance reporting, financial reporting, managing cash flows consistent with the business plan, ensuring compliance with all relevant federal regulations (FCC, NTIA, and FirstNet Programmatic Environmental Impact Statement70 (PEIS)), FirstNet policies, Colorado                                                              70 https://www.regulations.gov/docket?D=FIRSTNET-2016-0003 52               laws, and ensure mutual compliance with all types of SLAs. The Offeror will be responsible to report all information to the designated Colorado governance structure. Network Maintenance. The Offeror must perform all 7x24x365 network operations and maintenance including but not limited to: daily operations of the network, maintaining regional inventories of spare parts (consistent with SLAs), performing software and hardware upgrades, dispatching skilled field technicians to install equipment, troubleshoot and/or repair any issues or failures 7x24x365, and within the specified response window. Network Operations Center (NOC). The NOC shall provide 7x24x365 monitoring of all aspects of CO-RAN operations, including but not limited to: o EPC connectivity to FirstNet o Network interfaces to critical systems (PSAP connectivity, PSEN connectivity, wholesale provider connectivity, etc.) o Real-time configuration and performance of the Level III network o Real-time utilization of the LTE network by sector o Network QPP interface settings o Site security (entrance/egress/motion detection) o LTE radios and all other networking equipment with alarms in every sector of site o The backhaul/transmission network, including weather-related and atmosphere-related degradation of microwave links, fiber cuts, etc. o Equipment alarms (including alarm consolidation and suppression) o Electrical power consumption including status of generators/batteries o Enclosure temperature o Fuel supply for diesel or Liquefied Petroleum Gas (LPG) fueled generators Network Planning. The Offeror’s network planning should include but is not limited to: continued compliance with all FirstNet policies, optional and required software releases, hardware upgrades, network architecture lifecycle replacements and enhancements, changes in the relationship between the CO-RAN and other networks (e.g., commercial bands, carrier aggregation capabilities, HetNet architectures, indoor small cells, outdoor and public venue small cells, DAS systems, etc.).   53            3.3 Procurement Mandatory Requirements Offerors must comply with the following mandatory requirements in order to be considered responsive to this RFP and to be eligible to be awarded a contract. These items are reviewed as a pass or fail during evaluation of Proposals. MR1. Signed Request for Proposals (RFP) Signature Page. Offeror must submit a signed RFP Signature Page to be considered for this award. The State may accept an alternative signed document by a person legally authorized to bind the Offeror to the Proposal; acceptance is at the State’s discretion. In any instance where this occurs, the State will require the Offeror to submit a signed RFP Signature Page within 24 hours (1 business day) upon notice. MR2. Cyber Security. Offeror agrees to comply with the Cyber Security requirements listed in Section 1.39 of the Administrative Requirements, which shall include but not be limited to; network, system, and application security that, at a minimum, include: network firewall provisioning, intrusion detection, and State of Colorado Office of Cyber Security (OCS) security testing on an annual basis. Offeror’s Response: Signed Request for Proposal Signature Page: MR1. Attach a completed signature page. Offer shall clearly state agreement to comply: MR2. ☐ By checking this box, Offeror asserts their willingness to comply with the State of Colorado Cyber Security policies.   54            3.4 Overall Proposal Requirements and Questions The following questions and requirements constitute the minimum criteria that must be addressed in both phases of the response. These questions/requirements are broken in to 2 categories: 1. Offeror organizational qualifications and regulatory requirements 2. Functional and technical proposal requirements and questions Most of the questions will apply to both phases while a limited number will be specific to Phase II. For Phase I, Offerors should provide answers that focus on general capabilities and conceptual approaches to financial, technical and operational questions. Those qualified to participate in Phase II will be required to update all answers to reflect the specific details of their comprehensive solution(s). 3.4.1 Offeror Organizational Qualifications and Regulatory Requirements (Note: the primary focus of the Phase I Prequalification evaluation will be the Offeror(s) capabilities). Requirement 3.4.1. Corporate Introductions and Company Background. This section shall include the name and address of the firm submitting the proposal. If the proposal is being submitted by or on behalf of more than one entity, all entities represented must be clearly identified. Offeror must provide a brief company description, history and financial status. In addition, Offeror must submit the following information:  Name. The name under which the Offeror is licensed to do business in Colorado.  Address. The address of the Offeror’s headquarters office.  Sample resumes of lead project staff who could be utilized to perform work for Colorado (please note all staff must pass a background check upon contract award).  Dun & Bradstreet Number or Tax ID Number.  Other. Other general information, as determined by the Offeror to be of importance in evaluating the proposal.  Financial statements. Copies of audited financial statements for the past 3 years. Requirement 3.4.2. Qualifications of the Offeror(s)  Provide a description of the composition and management structure of the Offeror’s team. Identify all firm’s roles and responsibilities and relevant experience with projects of similar scope and complexity and similar project delivery methods. Describe how the team’s experience will relate to the success of this project. 55                Describe the relationships between the firms, which make up the Offeror’s venture or consortium, including how the Offeror envisions these relationships benefitting Colorado. Provide a description and separate graphic organizational chart complete with working titles identifying the lines of authority, responsibility and coordination. Provide a detailed description of the process of how the Offeror’s team selects qualified sub-contractors and manages them effectively on complex multi-phased projects. Provide a detailed description of how the Offeror’s team will maximize the Colorado construction workforce on this project. Requirement 3.4.3. Qualifications of the Offeror(s) Management Team Members.    Describe the qualifications and relevant experience of the lead design architect/engineer including demonstrated experience working on projects of similar scope and complexity and time commitment for this project. Describe the qualifications and relevant experience of the construction manager/general contractor including demonstrated experience working on projects of similar scope and complexity and time commitment for this project. Describe the qualifications and relevant experience of the network operations, maintenance, and monetization approach team including demonstrated experience working on projects of similar scope and complexity and time commitment for this project. Requirement 3.4.4. Project Management Approach.   Provide a strategic project management approach summary: include discussion of the Offeror’s approach in providing successful services based on prior experience in cost, schedule and quality effectiveness. Include specific examples (1-2 page excerpts) of actual work products (estimates, progress reports, schedules, constructability reviews, value engineering studies, forms, general conditions budgets, organizational structures, etc.). Provide a description of the design and construction work the Project Management Team has capability to self-perform, including qualifications to do such. Requirement 3.4.5. Previous Experience.  Select the Offeror’s three (3) most relevant projects and provide, at a minimum, the following: o The project/contract name o Description of services provided o Overall design/construction cost of project, as applicable, including initial contract value and change orders including reasons for change orders 56                 o Organizational structure of service delivery under the contract (include the owner’s organization as it interfaced with the respondent’s contract) o Key assigned in-house staff (name and title) o Subcontracts (service) used in the performance of the contract o Schedule history o Reference(s) for Owner o Continuing services, if any Timeliness: In general, network construction work is seen as successful if it is on time, on budget, and of acceptable quality. Timeliness is generally based on completion by the originally published date and is indicated by project acceptance. Please demonstrate for each of the above projects how timely delivery occurred. Quality: Design quality has traditional connotations (coherent, integrated, efficient, flexible, aesthetic, etc.). Construction quality has the obvious traditional connotations (workmanlike, in compliance with the specifications, normal standard of care, etc.). Demonstrate for the above project examples how a high quality of workmanship was achieved. Services Disruption: Demonstrate how the Offeror’s services on the above project examples dealt with issues of disruption at existing facilities, etc. Compliance: Provide information on how compliance with industry standards of care, building codes, etc. was achieved. Colorado Project Management Requirements: The awarded Offeror(s) will work with Colorado to determine and document all final, approved project management documents for all necessary work items and resources to complete the implementation of the CORAN. Colorado’s Project Manager will be the Lead Project Manager for the project who will maintain the project plan and support schedules and other documentation. Colorado and awarded Offeror(s) are each responsible for coordinating and directing work activities for their respective resources. The Project Managers are together responsible for managing all key project areas of the project as defined in the Project Management Book of Knowledge (PMBOK). Describe the Offeror’s approach to project management collaboration with Colorado. Note all costs associated with project management must be incorporated into the Phase II cost proposal. Requirement 3.4.6. Bonding. The standard procedure is to secure a performance bond for the value of contract. Given the nature of the contract, describe the Offeror’s ability to secure a performance bond, possibly in excess of $100,000,000.00, or propose alternative performance guarantee mechanisms. Requirement 3.4.7. Miscellaneous Considerations. Claims/Litigation History of Firm: Provide information on any past, current or anticipated claims (i.e., knowledge of pending claims) on respondent contracts; explain the litigation, the issue, and its outcome or anticipated outcome. Requirement 3.4.8.  Independent Verification and Validation (IV&V) 57            As part of any major project within the state of Colorado, the project shall include Independent Verification and Validation (IV&V) of the project. IV&V is a service intended to provide state agencies with independent project assurance over the life of the project. IV&V may be used during this project to meet its mandated responsibilities for project oversight. By submitting a proposal in response to this RFP, Offerors agree to and acknowledge the approach wherein participation in the Independent Verification and Validation (IV&V) oversight process may be required. Further, Offeror agrees that IV&V findings will be remediated in a timely manner. Describe the Offeror’s approach to IV&V, including any organizational resources and previous experience to accomplish this requirement. Note all costs associated with IV&V must be incorporated into the Phase II cost proposal. Requirement 3.4.9.  FCC Regulatory Process. Describe the Offeror’s approach to working with the Colorado to complete the required FCC interoperability review and approval, outlined in Section 2.10, including any organizational resources and previous experience to accomplish this requirement. Requirement 3.4.10.  NTIA Regulatory Process. Describe the Offeror’s approach to working with Colorado to complete the required NTIA review, application to the SAPP, and approval outlined in Section 2.11., including any organizational resources and previous experience to accomplish this requirement. Requirement 3.4.11.  FirstNet SCLA Negotiation. Describe the Offeror’s approach to working with Colorado to negotiate a SCLA with FirstNet, outlined in Section 2.12, including any organizational resources and previous experience to accomplish this requirement.   58            3.5 Functional and Technical Proposal Requirements and Questions Offerors should answer only those questions, which are relevant to the project(s) for which they are proposing solution(s). 3.5.1 General Questions and Requirements Question 3.5.1.1. CO-RAN Coverage. Describe the Offeror’s overall approach to deploying a Band 14 RAN in the Colorado, including the comprehensive geographic coverage of your proposed solution. What geographic area does the Offeror plan to cover at what level of quality? Describe the proposal with the following Phase I deliverables:  A map, showing a geographic footprint.  An estimate of population covered by county, based on the 2010 US Census.  An estimate of the geographic area coverage by county.  A technical definition of your coverage threshold (e.g. how do you determine that a particular area is “covered”. This could be a specific uplink or downlink data rate or some other criteria.)  Note: The format for this response may be an artist’s rendition, or a color-coded map based on the FirstNet 1-mile x 1-mile tiles, available in GIS or other formats. OIT will ask for a detailed engineering model, identifying coverage and capacity on a high resolution GIS map only if an Offeror is qualified and Phase II is initiated. Question 3.5.1.2. CO-RAN Deployment. Describe the Offeror’s approach to network deployment, including the anticipated timing/schedule from the date of contract award after all contingencies (e.g. funding secured, the opt-out decision, plan approval by the FCC, the NTIA and SCLA executed with FirstNet) have been met.  Describe each phase conceptually and coverage associated with each phase, in the level of detail discussed above  Describe at what point the Offeror’s deployment will surpass the initial FirstNet coverage objectives of 23.7% of geography (main highways and population centers)  Describe the population and area covered in each county at the completion of each phase using data from the 2010 US Census  Describe the time in months (from t=0) until you expect to complete each phase Question 3.5.1.3. CO-RAN Construction Capabilities. As detailed in Section 2.14, describe the Offeror’s capabilities in network construction (design and build), and in other areas critical to delivering the CO-RAN. Question 3.5.1.4. Asset Access and Ownership. Based on the Offeror’s proposed business model, describe its view of long-term asset ownership for those assets that were built as part of the CO-RAN development. Describe how the Offeror proposes to compensate state, local and tribal government for use of their assets in the CO-RAN. 59            Question 3.5.1.5. CO-RAN Operations and Maintenance. As detailed in Section 2.7, describe the Offeror’s capabilities in network operations and monetization (network financing, retail operations, network operations and maintenance, network planning, and deployables). Describe the Offeror’s expertise in other areas critical to delivering the CO-RAN. Question 3.5.1.6. Monetization. Describe the Offeror’s approach to “monetizing” excess capacity, as the revenue from the sale of excess capacity may largely fund the network in the early years. How do you plan to generate revenue, beyond selling directly to public safety entities? This should include any assumptions associated with your response. Question 3.5.1.7. Colorado Commitments. Describe the commitments the Offeror needs from Colorado to meet its business plan. Describe the risks, for both the Offeror and Colorado, associated with those commitments, any actions that could be taken by the Offeror and Colorado to mitigate each risk, and the impact of each risk reduction action on the weighted average cost of capital (WACC). Question 3.5.1.8. Other Costs. Offerors must propose how the state’s non-deployment costs related to project oversight including, but not limited to, staffing and related operational expenses required for program management and ongoing activities of the designated Colorado governance structure will be included in the overall CO-RAN financial model. Question 3.5.1.9. PSE Retail Ecosystem. Describe the Offeror’s approach to developing a retail ecosystem/operations for the CO-RAN UE’s, which must ensure a retail presence available to all counties and tribes with the following services: o Retail sales and distribution of devices o Retail sales and distribution of SIM cards o Equipment installation o Provisioning of Band 14 service (data and voice) and multiple-band service o Customer service/support o Interfaces/infrastructure to support PSE self-provisioning and equipment installation o Billing o Kick-Starter program Question 3.5.1.10. Secondary Use Retail Ecosystem. The retail ecosystem/operations for the CO-RAN must support secondary uses (e.g. non-public safety, machines, residences, businesses, government facilities) and many categories of service (mobile voice, fixed voice, mobile data, fixed data, etc.) that might consume bandwidth and generate revenue. Describe the Offeror’s approach to secondary use retail: o Retail sales and distribution of devices o Retail sales and distribution of SIM cards o Equipment installation 60            o Provisioning of Band 14 service (data and voice) and multiple-band service o Customer service/support o Interfaces/infrastructure to support PSE self-provisioning and equipment installation o Billing Question 3.5.1.11. Customer Adoption and Retention. Offerors must detail how they will market statewide adoption of the CO-RAN services by a majority of Colorado PSEs including their approaches to CO-RAN marketing, customer acquisition and retention approaches, and life-cycle support in addition to the recommended service plan offerings to PSEs. See Section 2.13 for a definition of Public Safety Entity. Question 3.5.1.12. PSE User Fees. Offerors must propose how they intend to keep public safety user fees to the lowest cost possible. Those approaches that reduce or eliminate many costs for Colorado’s public safety entities may be weighted more significantly. Question 3.5.1.13. Life-Cycle Innovation. LTE and wireless broadband technologies are on a never-ending continuum of innovation. Technology implementations and interfaces change over time and the CO-RAN not only needs to be interoperable with the NPSBN, but Colorado must ensure the PSEs have the best possible solution available to them. Describe the Offerors approach to continuous improvement throughout the program duration and how it will address the ongoing technology assessments, evaluation, and implementation to ensure compatibility with the NPSBN, and for future and standards and technology. Question 3.5.1.14. Accelerated Speed to Market. Describe how the Offeror will meet or exceed FirstNet’s requirements for accelerated speed to market, as indicated in the FirstNet RFP with emphasis on the IOC/FOC Target Timeline. Question 3.5.1.15. Integration of the ADCOM 911 LTE Network into the CO-RAN and the NPSBN. Describe how the Offeror will propose effective integration of the existing ADCOM 911 LTE network with the CO-RAN and the NPSBN. The proposal must consider that this network is operational and all capital expenditures were paid for with a BTOP grant and local government match. There must be no boundary issues, interference issues or unplanned outages for the integration of the networks. The ADCOM 911 LTE network supports multiple agencies and Early Builder networks with its fully functional EPC. Offerors should provide an integration and cutover plan that ensures a seamless transition with no service outages to ADCOM 911, Colorado and other users. Additionally, describe the Offeror’s approach to consideration for the investments made by ADCOM 911 to date in the future CO-RAN. Question 3.5.1.16. Integration of Existing and Future State, Local and Tribal Infrastructure. Describe the Offeror’s approach to integration of state, local, and tribal infrastructure within the CO-RAN design and any issues associated with integration with PSAPs, a future statewide ESInet, and other NG9-1-1 technologies. Describe the Offeror’s 61            approach to collaboration with and integration of the state’s current and future rural broadband, education, transportation, and public transit initiatives detailed in Section 2.17. Question 3.5.1.17. Network Hardening. Describe the Offeror’s approach to CO-RAN hardening and system availability or public safety grade services71, including issues caused by power, hardware failures, topography, weather, and man-made incidents. Describe the Offeror’s approach to hardening those sites and other network elements to ensure coverage at locations deemed as critical infrastructure in the state. Describe how hardening will impact system availability measurements and key performance indicators (KPI). Question 3.5.1.18. NG9-1-1 and ESInet. Phase I responses should be limited to conceptual discussions that focus on the physical infrastructure and how any revenue and costs associated with an ESInet would impact the overall project. Offerors qualified to submit a Phase II proposal should expect to provide additional details on these issues and be prepared to have the proposal reviewed by expert stakeholders from the 9-1-1 community. Minimum expectations for any Phase II submission are:  Wired infrastructure connecting all PSAPs  Redundant or diverse connections to as many PSAPs as possible  Structure that allows for operational and financial differentiation for NextGen 9-1-1 specific functions Question 3.5.1.19. Intelligent Transportation System – RoadX and Public Transportation. Phase I responses should be limited to conceptual discussions that focus on the issues identified in Section 2.17. Offerors qualified to submit a Phase II proposal should expect to provide additional details on the physical, operational and financial aspects of the proposal, which will be reviewed by key transportation and transit stakeholders. Question 3.5.1.20. Rural Broadband Efforts. Offerors are encouraged to identify and discuss synergies between the primary objective of the RFP and the efforts of these programs. This could be both infrastructure and service level opportunities to further the overarching availability objectives. Offerors should discuss the conceptual general business issues that would be put in place to help accomplish these goals in Phase I. In Phase II, qualified Offerors will be requested to provide specific functional and business elements to be reviewed in the overall scoring. 3.5.2 Technical Requirements and Questions As stated in Section 2.14, the proposed solution must meet all FCC, NTIA and FirstNet technical requirements.                                                              71 Suggested reference: the National Public Safety Telecommunications Council (NPSTC) “Defining Public Safety Grade Systems and Facilities” report published 5/22/2014. http://www.npstc.org/download.jsp?tableId=37&column=217&id=3066&file=Public_Safety_Grade_Report_140522.pdf 62            This includes, but is not limited to: 72  The NPSBN Section C Statement of Objectives , specifically C.7 Minimum Technical Requirements and C.8 Performance Standards. It should be noted that section C.7 includes the “FCC’s Recommended Minimum Technical Requirements to Ensure Nationwide Interoperability for the Nationwide Public Safety Broadband Network”73, this is referred to as the FCC TAB within the NPSBN RFP issued by FirstNet. The FCC TAB was mandated to develop the minimum technical requirements for the NPSBN, dated May 22, 2012, by the FCC under the FCC Order 12-68 and is called out as the FCC TAB RMTR report74.  The services provided by the Offeror will also need to comply with FirstNet NPSBN Section J, Attachment J-4, System and Standards Views.  Additionally, Colorado requires the Offeror to comply with 3GPP standards and other applicable open, non-proprietary, commercially available standards and implementation guidelines i.e. GSMA IR.92 for VoLTE. Colorado will be using 3GPP Release 13 as a baseline for system deployment. This will be done to support MCPTT services throughout the state. Technical Question 3.5.2.1. Brand Name or Equivalent. Describe the Offeror’s approach to meeting the brand name or equivalent requirement. Technical Question 3.5.2.2. RAN. Describe the Offeror’s approach to S1-Flex implementation to support interconnectivity to multiple mobility management entities (MME) (e.g., FirstNet & Colorado), multi operator RAN and EPC (multi-operator core network (MOCN)/multi-operator radio access network (MORAN)) support. This includes aggregation router and gateway connectivity. Response should also describe how many public land mobile networks (PLMN) the CO-RAN can support simultaneously and how many MMEs it can be connected to. Technical Question 3.5.2.3. RAN. Describe how the use of a hetnet gateway router or other similar device for backhaul consolidation and X2 consolidation will allow multi-operator connectivity. Technical Question 3.5.2.4. RAN. Colorado has created a very detailed theoretical RF coverage plan. Describe how the Offeror’s CO-RAN solutions will be deployed to achieve this coverage and how will the CO-RAN utilize self-optimizing network (SON) technology in a RAN only network. Technical Question 3.5.2.5. RAN. Describe the impact to cost and complexity it will be to implement MCPTT services using eMBMS and GCSE in the Offeror’s CO-RAN solution.                                                              72 FirstNet Nationwide Public Safety Broadband Network (NPSBN) Solicitation Number: D15PS00295E. https://www.fbo.gov/index?s=opportunity&mode=form&id=33106ecc75222458a6e4405b0f66bd2e&tab=core&_cview=1 73 https://ecfsapi.fcc.gov/file/7021919873.pdf 74 The Offeror’s solution shall comply with the NPSBN minimum requirements as outlined by FirstNet in the NPSBN RFB Section J, Attachment J-3, FCC TAB RMTR), including the clarification issued by the TAB on June 6, 2012 (also referenced in the FCC’s 12-68 order). 63            Technical Question 3.5.2.6. RAN. Describe to what extent NFV is used in the Offeror’s CORAN solutions. Technical Question 3.5.2.7. RAN. Describe the Offeror’s experience deploying a multi network operator CO-RAN solution that has utilized multiple PLMNs and Quality of Service (QoS) parameters for each operator. Technical Question 3.5.2.8. RAN. Describe the Offeror’s technical or implementation solutions to reduce or minimize traffic throughput between the CO-RAN and FirstNet. Technical Question 3.5.2.9. RAN. Describe how the Offeror will enable “local control”75 between the Colorado PSEN and FirstNet. Technical Question 3.5.2.10. CORE. Describe the minimum CO-CORE architecture required for basic redundant operations in Colorado, should connectivity to the NPSBN become unavailable. Technical Question 3.5.2.11. CORE. Provide the basic proposed connectivity diagram to the NPSBN from the CO-CORE and describe how it will operate nominally and during an emergency. Technical Question 3.5.2.12. Cyber Security. Describe how the Offeror will secure the network against cyber attacks and physical attacks, including how the CO-RAN connections will employ cyber security across multiple access connection interfaces. Describe how overthe-air (OTA) security, such as encryption, will be implemented and deployed for Colorado. Technical Question 3.5.2.13. Cyber Security. Describe where the local points on ingress (e.g., OTA microwave links, aerial fiber, etc.) exist within the CO-RAN. Technical Question 3.5.2.14. Cyber Security. Describe how the Offeror’s backhaul connections will employ cyber security across multiple access connections. Technical Question 3.5.2.15. Cyber Security. Describe the performance and cost implications for implementing and maintaining the aforementioned cyber security measures compared to what is deployed by commercial network operators. Technical Question 3.5.2.16. Cyber Security. IP network security measures are always adapting to the latest security threats. Describe the Offeror’s approach to maintaining security updates and system availability. Technical Question 3.5.2.17. Cyber Security. Given that the Offeror may be deploying an LTE RAN, and not a complete system, what protection, if any, can be provided at the application level?                                                              75 http://www.firstnet.gov/newsroom/blog/local-control-and-npsbn 64            Technical Question 3.5.2.18. Deployable Strategy. The Offeror will determine the size of the deployable systems necessary to provide temporary coverage in areas not covered by the fixed RAN network design or to supplement the coverage in Colorado. Describe how the Offeror will make this determination. Technical Question 3.5.2.19. Deployable Strategy. Describe how deployable systems will be integrated into the fixed CO-RAN including RF optimization (e.g. tracking areas, handoff, interference), backhaul, alarms and KPIs. Technical Question 3.5.2.20. Deployable Strategy. Describe how the deployable systems will be managed and deployed during event and emergency situations. Describe the Offeror’s approach to local, state and tribal PSEs ability to own, deploy, operate and maintain deployable systems. Technical Question 3.5.2.21. Peformance Expectations. Describe the Offeror’s previous deployment availability metrics from commercial or public safety networks utilizing the same or similar system design to the CO-RAN. Technical Question 3.5.2.22. Performance Expectations. Describe how the Offeror will ensure that the CO-RAN will be operational and available to the highest possible levels. Describe how the Offeror specifically addresses availability, restorability, reliability and integrity in its proposal for the CO-RAN. This includes nominal day-to-day operations and emergency situations such as a fiber cut or router outage to FirstNet. Technical Question 3.5.2.23. QPP. Describe how QPP will work with security protocols enabled including OTA encryption and VPNs. Technical Question 3.5.2.24. QPP. Describe how the eNodeB scheduler will support multiple network operators and enforce complex QPP schemes from the CO-RAN, FirstNet and other networks. Technical Question 3.5.2.25. QPP. Provide any test documents or deployment examples of QPP that are similar to the CO-RAN. Technical Question 3.5.2.26. QPP. Describe how the Offeror will ensure access and capacity for the CO-RAN, including explaining how SLA enforcement for billing will be managed and monitored. Technical Question 3.5.2.27. MCPTT. The Offeror may be required to integrate the MCPTT system with the statewide DTRS P25 network, and the other local and regional LMR networks via the existing P25 ISSI interface. Describe how this interoperability requirement will be accomplished. Technical Question 3.5.2.28. MCPTT. Describe how the MCPTT application will be distributed, installed, integrated and configured on LTE UE. 65            Technical Question 3.5.2.29. MCPTT. Describe the roadmap for MCPTT services and how they will be upgraded and implemented from 3GPP Release 13 onwards. 66            3.6 Phase II Information The following questions are provided to the Offerors as an understanding of the additional questions/requirements that would be part of a Phase II response; a response to these questions is not permitted in Phase I. The State reserves the rights to modify, add or delete requirements within notice to the qualified vendor pool. REQUIREMENT: For Phase II responses, all questions answered in Phase I will need to be re-stated in Phase II with a definitive approach as part of a comprehensive proposal. Phase II Question 3.6.1.  Model Contract. Colorado will provide a sample Model Contract in Phase II. Please comment on any significant areas of concern, which may impact a future award negotiation. If the Offeror has a sample contract for a similar type project, please submit as an attachment; however this does not mean it will be used.  Phase II Question 3.6.2. Bonding. Colorado may ask for proof of Offeror’s ability to secure a performance bond, possibly in excess of $100,000,000.00, or propose alternative performance guarantee mechanisms. Project A: Network (CO-RAN) Construction. Phase II Question 3.6.3. Describe the Offeror’s detailed proposed solution to geographic coverage in Colorado, including the items listed below. This should be described per deployment phase, for all phases, and the final phase. o A written executive summary of the coverage plan o A set of GIS raster files (preferably Ground Resolved Distance (GRD) format) with 30meter tiles showing the following downlink characteristics for a roof-mounted antenna venue (see discussion of venues in Attachment A): o Downlink average data rate o Downlink signal-to-interference-plus-noise ratio (SINR) o Best Server o Reference Signal Received Power (RSRP) o A set of GIS raster files (preferably GRD format) with 30-meter tiles showing the following the following uplink characteristics for a roof-mounted antenna venue (see discussion of venues in Attachment A): o Uplink average data rate o Uplink SINR o A spreadsheet of site locations and associated data (a template will be provided) o An calculation of population coverage by county, based on the 2010 US Census o An calculation of the geographic area coverage by county o A detailed description of all engineering/design assumptions that might influence the result. o How much will each hardening/protective measure cost, on a percentage basis, relative to the cost of a traditional commercial network? 67            Phase II Question 3.6.4. In light of the official state plan, describe the Offeror’s final approach to network deployment, including the anticipated timing/schedule from the date of contract award after all contingencies (e.g. funding secured, the opt-out decision, plan approval by the FCC, the NTIA and SCLA executed with FirstNet) have been met.  Describe the project schedule and performance timelines at a month-by-month view  Describe each phase concretely and coverage associated with each phase, in the level of detail discussed above  Describe at what point the Offeror’s deployment will surpass the entire FirstNet coverage objective as proposed in the state plan  Describe the population and area covered in each county at the completion of each phase using data from the 2010 US Census  Describe the time in months (from t=0) until you expect to complete each phase Project B: Network (CO-RAN) Operations and Monetization. Phase II Question 3.6.5. Describe the Offeror’s ability to fund a business opportunity that has an undetermined amount of investment over an anticipated 25 year period. Consider the following questions: o Source(s) of equity investment, including a history of debt financing and corporate credit ratings reflecting of the assumptions in the Offeror’s capitalization plan. o Copies of the bond ratings for each issuance, if applicable. o Describe the Offeror’s debt to total capitalization ratio anticipated for this project, and if it is consistent with its current capital structure. o Describe the Offeror’s hurdle rate for this project. That hurdle rate will be represented as a WACC, reflecting the ratio of debt to total capital and reflecting the tax shield associated with the deductibility of debt interest. Describe the project-specific WACC the Offeror would use as a hurdle rate in this project (%). 68            SECTION 4: OFFEROR RESPONSE FORMAT 4.1 Proposal Submission Proposals must be received on or before the Bid Submission Deadline as indicated on Colorado VSS. Late Proposals will not be accepted. It is the responsibility of the Offeror to ensure that its Proposal is received by OIT Procurement and Offeror Services, on or before the Bid Submission Deadline. Offerors mailing their Proposals shall allow sufficient mail delivery time to ensure receipt of their Proposals by the Bid Submission Deadline. All Proposals submitted must be "sealed"; i.e., package, envelope, box, etc. Electronic responses only will not be accepted. Proposals must be submitted in a sealed package with an appropriate label affixed. For ease of processing and identification, the label should show the following information: Offeror’s Name RFP-No. Proposal Due Date and Time The Proposal should be signed in ink, preferably blue ink, by an officer of the Offeror who is legally authorized to bind the Offeror to the Proposal. Proposals that are determined to be at a variance with this requirement may not be accepted. An RFP Signature Page has been provided. The State desires and encourages that Proposals be submitted on recycled paper, printed on both sides. While the appearance of Proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged. For ease of evaluation and review, the State encourages Proposals be submitted following the format outlined in this RFP. Proprietary/confidential information shall be submitted in accordance with the Proprietary/Confidential Information section of this RFP. In addition, an Offeror shall provide all proprietary/confidential information in its electronic response on a separate CD/USB flash drive in a PDF format clearly marked as such. 4.2 Required Copies The original hard copy in all cases is the official record and shall be used to resolve any differences. All electronic copies shall be provided in Adobe PDF. Offerors are required to submit:  One (1) original hard copy o Segregate all cost sections – Costs to be submitted in Phase II only. 69             Ten (10) additional hard copies as stated on the RFP Signature Page. o Segregate all cost sections – Costs to be submitted in Phase II only.  One (1) electronic copy (USB) PDF Format o Segregate (electronically) all cost sections – Costs to be submitted in Phase II only.  One (1) electronic redacted copy (USB) PDF Format - copy must be clearly marked “Redacted Version” o Segregate (electronically) all cost sections – Costs to be submitted in Phase II only. o Redact all proprietary/confidential information per Section 1.18 of this RFP Awarded Offerors may be required to submit an electronic version of all solicitations documents, including but not limited to; original Proposal, clarifications, oral presentation documentation, best and finals, etc. 4.3 Addressing Proposal Requirements (Offeror Response) The information within this section outlines specific information required in the Offeror’s response, which will assist in determining how well the Offeror will be able to meet the requirements set forth within Section 3 of this RFP. All Offerors, regardless of which option is being proposed, must respond to relevant portions of the following information and/or related sections applicable to the Project(s) the Offeror is submitting: PHASE I: Section 3 Proposal Phase and Project Requirements and Questions:    Procurement Mandatory Requirements Offeror Organizational Qualifications and Regulatory Requirements Functional and Technical Proposal Requirements and Questions PHASE II:   Comprehensive response to all Phase I and Phase II questions Attachment D: Cost Proposal (only to be provided if qualified to participate in Phase II) References - The State reserves the right to include the State of Colorado and other states as additional references. The State also reserves the right to call references only on the Awarded Offeror. 4.4 Content Quality Do not include extensive artwork, unusual printing or binding, or other materials, which do not enhance the utility or clarity of the Offeror’s Proposal. General statements without supporting documentation are not encouraged. Documents should be double sided on recycled paper, and 70            easy to copy/scan (no bound material, clips, etc.). Paper should be white or extremely light paper without dark backgrounds. Enhance electronic images for pages with a poor image quality. 4.5 Proposal Organization The Offeror’s Proposal should be submitted in a binder (3 ring binder(s) preferred) with all material clearly labeled or, such other organization that will facilitate the committee members’ evaluation. Offerors must respond to all requirements and relevant questions listed within Sections 3. For ease of evaluation and review, Offerors should label their Proposal with the corresponding number for each question or requirement. 4.6 Conflicts With Terms And Conditions Or Requirements The Model Contract will be provided as part of Phase II. At that time, the Offeror must review the Model Contract and list any exceptions or confirm that no exceptions are taken to the Contract. Exceptions to the Model Contract must be accompanied by alternative or substitute language, which would be acceptable to the Offeror. Conflicts with stated requirements must be noted in the corresponding paragraphs within the Offeror’s response format. Additional terms or conditions proposed by Offeror for consideration must be provided with a reference to the corresponding paragraph of the Model Contract. References may direct reviewers to attachments within Offeror’s response. 71            SECTION 5: PROPOSAL EVALUATION and PHASES REVIEW CRITERIA An Evaluation Committee will judge the merit of Proposals received in accordance with the criteria outlined in the Offeror Response Format section of this RFP. This section supplements “Evaluation and Award,” in the Colorado Solicitation Instructions/Terms and Conditions that are available through the link on the Colorado VSS website. 5.1 Evaluation Process and Review Criteria for Each Phase and Project OIT will undertake an intensive, thorough, complete and fair evaluation process. All Offerors shall be afforded fair and equal treatment throughout the evaluation process. The following are a representation of criteria that may be used for reviewing and rating responses. For both projects, Phase II qualified Offerors will be required to complete oral presentations in Colorado at their own expense. PROJECT A: Network (CO-RAN) Construction Phase I  General qualifications and experience of Offeror – See Section 3.4.1 o Successful Similar projects with completion timelines  Proposals that demonstrate: o Similar coverage and functionality as the Colorado sample design o The CO-RAN and CO-CORE functionality meets the requirements for a state alternative plan as defined by the FCC o Where possible, utilizes partnerships with existing service providers (wired and wireless) in Colorado and local, tribal and state entities o Proposed equipment is brand name or equivalent to FirstNet partner equipment o A solution to integrate with current state LMR networks utilizing ISSI or another interoperability solution o Proven track record of quality and successful network design, construction and implementation o General design approach that will allow Colorado to be successful in the implementation Phase II  Coverage and capacity analysis of final solution o Greater than existing current major carrier coverage (AT&T, Verizon, TMobile and Sprint) by end of year 2 of deployment schedule o Quantifiable impact on individual counties as well as aggregated state impact  How well does the ultimate solution utilize existing public assets 72              Integrate the existing LTE infrastructure owned and maintained by ADCOM 911 into the proposed CO-RAN Cost estimates and ROI calculations o Details of plans to adhere to federal requirements, including all network policies and interoperability requirements of the national network PROJECT B: Network (CO-RAN) Operations and Monetization Phase I  General qualifications and experience of the Offeror o Successful Similar projects with completion timelines  Encourages private-sector service expansion through the utilization of excess capacity  The operational and business sustainability plans meet requirements of the NTIA and Colorado  Approach to customer acquisition and retention  General financial approach will meet initial implementation and long-term sustainability goals Phase II  Overall cost and ROI analyses from both a capital and ongoing perspective  Refinement of approach to customer acquisition and retention including estimated revenues of public safety vs. other customers over the life of the contract  Provides a comprehensive SLA, daily operational/maintenance model, upgrade plan, and network expansion model that allows local, state and tribal jurisdictions to ensure their specific needs will continue to be met throughout the life of the contract  Details of plans to adhere to federal requirements, including all network policies and interoperability requirements of the national network 5.2 Evaluation Committee Each Evaluation Committee member will independently evaluate the merits of Proposals received in accordance with the evaluation factors stated within this RFP, followed by discussion of the entire Evaluation Committee. The sole objective of the Evaluation Committee will be to qualify the Offeror’s for each phase and project (individually or comprehensively) and recommend for award the Proposal(s) determined most advantageous to Colorado. 5.3 Basis For Award 73            The purpose of this RFP is to solicit Proposals for the network specified herein. The requirements stated within this RFP represent the minimum performance requirements necessary for response as well as desired elements of performance. All Proposals must meet the mandatory minimum requirements established by this RFP to be eligible for award. Evaluation and award will be based on the following factors, in decreasing order of importance: Mandatory Minimum Requirements Minimum Technical Requirements Cost Proposal Management Capability Experience 5.4 Evaluation Based On Initial Proposals The State reserves the right to make an award(s) on receipt of initial Proposals, so Offerors are encouraged to submit their most favorable Proposal at the time established for receipt of Proposals. Proposals requiring major revision in order to be considered for any award, or otherwise not meeting the mandatory or other requirements required for further consideration as specified in this RFP, may be classified as unacceptable and ineligible for further consideration. The technical aspects of Proposals will be assessed based on the soundness of the Offeror’s approach and the Offeror’s understanding of the requirement. Past experience/qualifications will be assessed by considering the extent to which the qualifications, experience, and past performance are likely to foster successful, on-time performance. Technical and past experience assessments may include a judgment concerning the potential risk of unsuccessful or untimely performance, and the anticipated amount of State involvement necessary to insure timely, successful performance. 5.5 Competitive Range The State may establish a competitive range of Offerors whose Proposals have been initially evaluated as most responsive to the requirements and reasonably susceptible of being selected for award. 5.6 Clarifications/Discussions 74            The OIT Purchasing Agent may conduct discussions with Offerors for the purpose of promoting understanding of OIT’s requirements and the Offeror’s Proposal, clarifying requirements, and making adjustments in services to be performed and in prices and or rates. Offerors engaged in such discussions may be sent a list of questions and will be given a specified number of days in which to formulate and submit written responses to the questions and provide any related revisions to their initial Proposals. The nature of the questions will be, generally, clarifying in nature and will permit related revisions to Proposals. Such revisions will be at the option of the Offeror, but will be limited to the guidelines set forth in OIT’s requested clarifications. No major changes will be permitted, nor will OIT accept any additional written materials not relevant to the questions/clarifications requested. Clarifications/discussions may be limited to Offerors within the Competitive Range. 5.7 Presentations/Demonstrations Offerors may be given an opportunity to provide an oral presentation or demonstration in Phase II only. OIT Purchasing Agent reserves the right to select the site. During the presentation, an Offeror should provide specific responses to the questions posed to it and may also make a summary presentation of its Proposal. The presentation should include a description of how Offeror’s revisions, if any, may have affected the overall nature of its offer as compared to the initial Proposal. The presentation is typically limited to 60 minutes; however this may be longer if the Evaluation Committee deems it necessary. If the Evaluation Committee members believe it to be necessary, a question/answer period may follow. Presentations/Demonstrations may be limited to Offerors within the Competitive Range. 5.8 Best and Final Offers (BAFO) Adjustments may also be allowed in conjunction with clarifications, discussions, presentations and or demonstrations, but only to the extent such revisions are consistent within the Proposal requirements. These revisions will be considered as best and final offers. Such adjustments must be submitted in writing. 5.9 Final Evaluations After completion of clarifications, presentations, and BAFOs, as may be required, the Evaluation Committee will re-consider the initial Proposal ratings and may make any adjustments they believe to be warranted as a result of the additional information obtained. 5.10 Award Recommendations Upon completion of the evaluation process, the Evaluation Committee will formulate a recommendation as to which Proposal(s) is/are determined to be most advantageous to the State within available resources. A formal recommendation of the Evaluation Committee will be forwarded to the OIT, Purchasing Agent for review and approval. 75            5.11 Notice of Intent to Award Upon approval of the recommendation, a Notice of Intent to Award will be published on the Colorado VSS. Upon issuance of the notice, all non-proprietary/confidential documents submitted by all Offerors, not just the Awarded Offeror(s), shall become public records and will be available for inspection. The time period for consideration of any protest of the award decision will commence at this time. The Awarded Offeror(s) will be contacted by OIT to complete post award requirements. 5.12 Contract Award Contingencies As described in Sections 2.9 through 2.12, the final award is dependent on the following contingencies:  The Governor’s decision to opt-out of the FirstNet state plan within 90 days of delivery of said plan.  The FCC approval of the state alternative plan, which must demonstrate interoperability with the NPSBN and which must comply with the minimum technical interoperability requirements under the Act. If the FCC does not approve this alternative plan, a contract may not be awarded under this RFP.  The requirement to demonstrate to the NTIA that the state has the technical capabilities to operate and the funding to support the alternative RAN; the ability to maintain ongoing interoperability with the NPSBN; the ability to complete the project within the specified comparable timelines specific to the state; the cost-effectiveness of the submitted state plan; and the comparable security, coverage and quality of service to that of the NPSBN. If the NTIA does not approve this alternative plan, a contract may not be awarded under this RFP.  With the approval of the NTIA, the successful negotiation of the SCLA with FirstNet. If Colorado and FirstNet are unable to negotiate a SCLA, a contract may not be awarded under this RFP.  If the state is unable to properly fund the alternative CO-RAN buildout and/or operations, a contract may not be awarded as a result of this RFP. 5.13 Adequacy and Completeness of Response In general, all aspects of a Proposal will be evaluated based on its adequacy and completeness with regard to the information specified in the RFP; i.e., compliance with terms, conditions and other provisions contained in the RFP, as well as Offeror’s ability to read and follow instructions. Failure of an Offeror to provide the information required in this RFP may result in disqualification of the Proposal. This responsibility belongs to the Offerors. 5.14 Contract Review The Model Contract will be provided as part of Phase II. At that time, Offerors must review the Model Contract and list any exceptions or confirm that no exceptions are taken to the State’s 76            contract. Any exceptions to the Model Contract must be accompanied by alternative or substitute language, which would be acceptable to the Offeror. OIT will review the Proposal to ensure the Offeror has not taken any exceptions to the State’s contract provisions, which may be deemed unacceptable, or exceptions to stated requirements, which may be deemed unacceptable in meeting the needs of the State. Any exceptions taken could result in elimination of the Offeror’s Proposal from further consideration, or result in delay or failure to execute a contract, whereby the State could terminate the award and commence negotiations with another Offeror. Exceptions to the State of Colorado Special Provisions, attached to the contract, will not be accepted. 77            SECTION 6: GLOSSARY 2T4R - 4 branch receive diversity 3GPP – 3rd Generation Partnership Project 5G NR – 5th Generation New Radio ACB – Access Class Barring The ACT - In February 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012 (the Spectrum Act or the Act), containing provisions to create an interoperable NPSBN. ADCOM - Adams County Communications Center AGL – Above Ground Level AMBE – Advanced Multi-Band Excitation AMR-WB - Adaptive Multi-Rate Wideband ARP – Allocation Retention Priority Asset - any tower, building or other facility, microwave link, fiber link, vehicle or other deployable that may be used in the architecture of the National Public Safety Broadband Network Awarded Offeror - “Awarded Offeror” means the Offeror whose proposal the State determines to be most advantageous considering the factors set forth in this RFP. Band Class 14 – Band 14, BC14, also known as the “D Block.” This is the spectrum assigned to FirstNet by Congress in the Spectrum Act. This paired spectrum sits at 758 – 768 MHz and 788 – 798 Mhz, plus guard bands at 768 – 769 MHz and 798 – 799 MHz to mitigate interference from adjacent channels. FirstNet has been assigned an initial 10-year license by the FCC; the license is renewable for an additional 10 years, if FirstNet demonstrates it has met its duties and obligations under the act.76 BBU – baseband unit BESP – Basic Emergency Service Provider                                                              76 P.L 112-96, Section 6201. 78            BIDS - The State of Colorado's Bid Information and Distribution System Web site, located at: https://www.gssa.state.co.us/VenSols. All solicitations published by State agencies and institutions are published on BIDS. All Offerors wishing to respond to a solicitation (including this RFP) must be registered with BIDS. CA – Carrier Aggregation CACP - Colorado Association of Chiefs of Police CAD/AVL – Computer Aided Dispatch/Automatic Vehicle Location CAI - Community Anchor Institution including but not limited to schools, libraries, hospitals, government centers and other public focused establishments CBI – Colorado Bureau of Investigation CBRS – Citizen Broadband Radio Service CC – Component Carrier CCI – Colorado Counties, Inc. CDOT – Colorado Department of Transportation CDPHE – Colorado Department of Public Health and Environment CDPS - Colorado Department of Public Safety CLA – Covered Lease Agreement Cloud - a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. (http://csrc.nist.gov/publications/nistpubs/800-145/SP800-145.pdf) CML - Colorado Municipal League COLT – Cell on Light Truck CO-CORE – The CO-CORE refers to the LTE Evolved Packet System (EPS) deployed by the Offeror to support the CO-RAN, containing the nodes that consist of the Evolved Packet Core (EPC), the Home Subscriber System (HSS), the Policy and Charging Rules Function (PCRF) and 79            other ancillary support systems. These other ancillary support systems include the Operations & Maintenance (O&M), network monitoring and billing systems. The CO-CORE connects to the FirstNet core in such a way that provides a seamless user experience to the he PSE. CO-RAN – Colorado Radio Access Network or Colorado Public Safety Broadband Network COW – Cell on Wheels Contractor - The Offeror that is awarded a contract as a result of this RFP; same as "selected Offeror," and "successful Offeror." C.R.S. - Colorado Revised Statutes. CSOC – County Sheriffs of Colorado CSFC - Colorado State Fire Chiefs DAS – Distributed Antenna System “D” Block – Also known as Band Class 14 or BC14. This is the spectrum assigned to FirstNet by Congress in the Spectrum Act. This paired spectrum sits at 758 – 768 MHz and 788 – 798 Mhz, plus guard bands at 768 – 769 MHz and 798 – 799 MHz to mitigate interference from adjacent channels. FirstNet has been assigned an initial 10-year license by the FCC; the license is renewable for an additional 10 years, if FirstNet demonstrates it has met its duties and obligations under the act.77 dBm – Decibel-milliwatts DOC - U.S. Department of Commerce DIA – Denver International Airport DL – Downlink DPI – Deep Packet Inspection DSCP – DiffServ Code Points DSL – Digital Subscriber Line DTRS – Digital Trunked Radio System                                                              77 P.L 112-96, Section 6201. 80            DU – Dense Urban eLAA – Enhanced License Assisted Access eMBMS - Evolved Multimedia Broadcast Multicast Services EMS - Emergency Medical Services EMSAC - Emergency Medical Services Association of Colorado EPC - Evolved Packet Core ePCR – Electronic Patient Care Reporting EPS – Evolved Packet System ESInet – Emergency Services IP Network Excess Capacity - An LTE radio network has a quantifiable uplink and downlink capacity (Mbps) in each sector of each site. The number of billable GBs of data that can be delivered by a network in a period of time (e.g. one month), while operating the network in such a way that it delivers a near-optimal (not meaningfully degraded due to network loading) end-user experience can be estimated based on user behaviors. A portion of this available capacity will be used for first responders. However, not every first responder or agency will purchase service, therefore excess capacity will exist that – in principle – can be sold to other users on a secondary basis. Selling excess capacity to consumers, businesses, and others at a market rate per GB or per minute of use (MOU) may be possible in many locations. FCC – Federal Communications Commission FEMA – Federal Emergency Management Association FirstNet - First Responder Network Authority FNCGB - FirstNet Colorado Governing Body FOC - Full Operational Capability FTP – File Transfer Protocol GB - Gigabyte GIS - Geographic Information Systems 81            GRD - Ground Resolved Distance GCSE – Group Communication System Enablers HETNET – Heterogeneous Network HPA – High Priority Access HSS – Home Subscriber Server HVAC – Heating, Ventilation and Air Conditioning ICAM – Identity, Credential and Access Management IMBE - Improved Multi-Band Excitation Indefinite Demand & Indefinite Quantity (IDIQ) - For this RFP, a proposal without any quantifiable demand or promise of any quantity of work for the selected Offerors. The objective of the IDIQ is to obtain qualified vendors for the Service provided, that is defined herein this RFP. Information Security Policies - The security standards, definitions and policies endorsed by the State of Colorado, or if not addressed by the State, then at least known to be generally accepted practice in the industry, unless otherwise approved in writing by the State. I/O – Input/Output IOC – Initial Operational Capability IoT – Internet of Things IP – Internet Protocol IRU – Indefeasible Rights of Use ISSI – Inter RF Subsystem Interface ITS – Intelligent Transportation System or RoadX KML – Keyhole Markup Language KMZ – Keyhole Markup Language Zipped 82            KPI – Key Performance Indicator LAA – License Assisted Access LBT – Listen-Before-Talk LMR – Land Mobile Radio LPG - Liquefied Petroleum Gas LTE - Long Term Evolution LTE LAA – LTE License Assisted Access LTE LWA – LTE WLAN Aggregation LTE-U – LTE Unlicensed Spectrum LTPT – Local Technology Planning Team MCE - Multi-call/multicast Coordination Entity MCPTT – Mission Critical Push-to-Talk MIMO – Multiple-Input Multiple-Output MME – Mobility Management Entity MNO – Mobile Network Operator MOCN – Multi-Operator Core Network MORAN – Multi-Operator Radio Access Network MOU – Minutes of Use MTBF – Mean Time Between Failure MVNE – Mobile Virtual Network Enabler MVNO – Mobile Virtual Network Operator 83            MHz – Megahertz NDA – Non-Disclosure Agreement NFV – Network Function Virtualization NG9-1-1 – Next Generation 911 NPSBN - National Public Safety Broadband Network or Nationwide Public Safety Broadband Network NPSTC - National Public Safety Telecommunications Council NTIA - National Telecommunications and Information Administration Offeror - Any organization or individual submitting a proposal in response to an RFP. Sometimes used interchangeably with the term "Bidder vendor or contractor." OIT - Governor’s Office of Information Technology, State of Colorado OIT Procurement: Responsible for solicitation, negotiation, contract award and management of contracts and Task Orders. OTA – Over-the-Air P25 – Association of Public-Safety Communications Officials (APCO) Project 25 PA - power amplifier PAL – Primary Access License PCRF – Policy and Charging Rules Function PCS – Prepaid Cellular Service PDCP – Packet Data Convergence Protocol P-GW – Packet Data Network Gateway PLMN - Public Land Mobile Network PMBOK – Project Management Book of Knowledge POC - Point of Contact 84            PP&E – Property, Plant and Equipment Proposal - An offer in response to a Request for Proposals (RFP). Sometimes used interchangeably with the terms "bid," "offer," or "response." Pro Se – Proximity Services PSAP - Public Safety Answering Point PSBN – Public Safety Broadband Network PSE – Public Safety Entity or First Responder – can be representative of an organization, a paid employee or a volunteer PSEN – Public Safety Enterprise Network PTT – Push-to-Talk PUC – Colorado Public Utilities Commission QCI – Quality of Service (QoS) Class Identifiers QoS – Quality of Service QPP – Quality of Service, Priority and Pre-Emption RAN - Radio Access Network RC – Rural Cluttered Request for Proposals (RFP) - A procurement solicitation that seeks offers from organizations or individuals to perform the scope of work defined in the RFP, in accordance with the terms listed in the RFP. An RFP is issued with the intent of selecting the most advantageous proposal, making an award to that Offeror, and entering into a contract. RET – Remote Electrical Tilt RF – Radio Frequency RO – Rural Open ROV – Remotely Operated Vehicle 85            RRC – Radio Resource Control RRH - Remote Radio Head S – Suburban SAPP- State Alternative Plan Program SAS – Spectrum Access System SCLA – Spectrum Capacity Lease Agreement Selected Offeror - The Offeror that is awarded the contract that results from an RFP. SFTP – Secured File Transfer Protocol SINR - Signal-to-Interference-plus-Noise Ratio SMLA – Spectrum Manager Lease Agreement SMSA – Standard Metropolitan Statistical Area Solicitation - A document issued by a prospective buyer that requests competitive offers from organizations or individuals to sell the goods or services that are specified in the document. A solicitation typically results in an award of a contract or purchase order for the goods or services, based on an award methodology defined in the solicitation. Types of solicitations issued by State of Colorado agencies include: Requests for Proposals (RFPs). SON – Self-Optimizing Network SOW – System on Wheels Spectrum Act – In February 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012 (“the Spectrum Act” or “the Act”), containing provisions to create an interoperable NPSBN. SPOC – FirstNet Single Point of Contact State Agency - In OIT’s governing statutes; “State Agency” means all of the departments, divisions, commissions, boards, bureaus, and institutions in the executive branch of the state government. Does not include the legislative or judicial department, the department of law, the department of state, the department of treasury, or state-supported institutions of higher education. Through the use of cooperative agreements, the following organizations will be able to request services from vendors selected as a result of this RFP. ● Department of Agriculture 86            ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Department of Corrections Department of Education Department of Health Care Policy and Financing Department of Human Services Department of Labor and Employment Department of Local Affairs Department of Military and Veterans Affairs Department of Natural Resources Department of Personnel and Administration Department of Public Health and Environment Department of Public Safety Department of Regulatory Agencies Department of Revenue Department of Transportation Department of Treasury Governor’s Offices, including the Governor’s Office of Information Technology SU- Subscriber Unit Successful Offeror - Same as "selected Offeror." TBD – To Be Determined TDD – Time Division Duplex Timeline - A document that details dates and targets for achieving program goals or requirements. TPS – Transactions Per Second U – Urban UAS – Unmanned Aerial System UE - User Equipment UL – Uplink UNII – Unlicensed National Information Infrastructure USFA – U.S. Fire Administration UUV – Unmanned Underwater Vehicle 87            Vendor - Any organization or individual that seeks to provide, or is already providing, goods or services. Often synonymous with “selected, successful, or awarded Offeror”. VoLTE – Voice over LTE VNS – Vehicular Network System VPN – Virtual Private Network VSS – Colorado Vendor Self Service WEA – Wireless Emergency Alert Wi-Fi – Wireless Fidelity WLAN – Wireless Local Area Network 88            ATTACHMENT A: Statewide Sample Design Attachment A is a sample network design that has been developed through the Colorado’s ongoing relationship with Signals Analytics, LLC. Recently, a set of eight distinct RAN designs was completed, using different modeling assumptions, to demonstrate the coverage and capacity of a possible CO-RAN. The design is provided as a reference; the process, its key assumptions, and its results are described in detail in Attachment A. It demonstrates that a network with broad geographic coverage is possible, while fully complying with federal regulations and design principles designed to protect the environment, to protect historic landmarks, and to minimize aesthetic impacts in populated areas. Offeror’s are encouraged to leverage all resources to deliver a CO-RAN design that is optimal in achieving the broad objectives of this RFP. The Sample Design is offered as an illustrative approach only. The deck includes:  FirstNet Coverage Objectives (released in March 2015)  Colorado Coverage Objectives (as submitted to FirstNet in September 2015 and included as a reference in the FirstNet national RFP)  Rational / Analytical Basis for Colorado Coverage Specifications  Sample Design – History, Methodology, Assumptions   Sample Design – Resulting Coverage, Capacity, and Performance    For actual document, see Attachment A associated with this RFP on VSS. Due to file size limitations, the PDF was split into sections; a single file can be found at: https://drive.google.com/open?id=0Bz1j7r1gtoiTekFLM0NSLUVtMjA.       89            ATTACHMENT B: Existing Assets and Non-Disclosure Agreement Possible CO-RAN Assets/Infrastructure In order to implement the optimal solution, local, tribal and state jurisdictions (counties, municipalities, special districts, etc.) across Colorado may be willing to provide access, as part of a formal agreement and with compensation, to existing infrastructure as part of the effort. Attachment B contains a list of coordinates of known potentially available infrastructure as well as GIS files that show the information spatially. NOTE: Final approval for any asset utilization for the project will lie with the asset owner, which may be a state and/or local government, tribal government, quasi-governmental entity and/or private entity. The purpose of this data is to provide additional information on potential assets that exist and could be used as part of the CORAN. It makes no assumption about an existing relationship to access the asset. Non-Disclosure Agreement. NDA required to access this information; see next page.   All asset information is considered confidential, and will only be provided to those Offerors who have provided an executed NDA. Access to this information will be provided to the Offeror via a SFTP site only once an executed NDA has been provided to the sole point of contact as listed on the RFP Signature Page. This information will be available starting on Monday, April 3, 2017 after 9am. Access to download the information from the SFTP site will be available for 48 hours once credentials are provided by OIT to the Offeror.   90            Procurement Office (Purchasing and Contracts) 601 East 18th Avenue, Suite 180 Denver, CO 80203 Non‐Disclosure Agreement (“Agreement”)  In consideration of the State of Colorado (“State”) acting by and through Governor’s Office of  Information Technology (“OIT”) disclosing either directly or indirectly to  ____________________________________   (insert company name) employees, agents, contractors,  subcontractors, or respective heirs, legal representatives, successors, and assigns (collectively “You” or  “Your”) Confidential Information of the State, OIT or OIT’s contractors and subcontractors, You agree as  follows:  1. “Confidential  Information”  includes  any  and  all  information  that  is  sensitive,  confidential,  proprietary,  copyrighted,  and/or  considered  a  trade‐secret,  whether  in  oral  and/or  written  form,  obtained from OIT during discussions or communications with You.   Confidential Information may  include,  but  shall  not  be  limited  to,  information  concerning  the  State’s  and  OIT’s  systems,  staff,  telephone  numbers,  any  and  all  taxpayer  information  (name,  phone  numbers,  social  security  numbers,  benefits  received,  taxes  paid,  etc.),  processes,  current  architecture  (including  hardware,  middleware,  software,  etc.),  source  code,  passwords,  security  architecture,  security  management,  security audits, intellectual property, current services, services not yet publicly announced, strategic  plans, operating costs and budgets, financials, HIPAA and PII data as defined by law, and so forth.    2. You  shall  institute  special  precautions  to  protect  OIT’s  Confidential  Information  from  misuse,  unauthorized intrusion, duplication, transmittal, theft, alteration, modification or deletion.    3. You agree the Confidential Information is confidential and proprietary to OIT and You agree not to  disclose  or  provide  any  Confidential  Information  to  any  other  party  without  OIT’s  written  permission.  Unauthorized use or disclosure of the Confidential Information may cause irreparable  harm to OIT for which You will be held liable for.    4. You  agree  to  promptly  report  any  unauthorized  use  or  disclosure  to  the  OIT  representative  identified below and shall provide reasonable assistance to OIT to bring about the cessation of such  unauthorized use or disclosure.    Judy Giovanni, Purchasing Manager  Governor’s Office of Information Technology  601 E 18th Ave, Suite 180  Denver, CO 80203  Phone: 303‐764‐7931  Email: judy.giovanni@state.co.us  91              5. You  may  use  the  Confidential  Information  only  for  the  purpose  of  providing  feedback  to  OIT  in  accordance  with  the  direction  OIT  provides  You.    You  will  not,  at  any  time,  use  the  Confidential  Information in any other fashion, form, or manner or for any other purpose.    6. You agree not to disclose the Confidential Information in any manner to anyone other than persons  within  the  undersigned's  organization  and  with  employees  of  the  State  (and  other  contractors/subcontractors as identified by OIT) who have a need to know for the purpose set forth  above and who have acknowledged in writing the obligations hereunder and have agreed to abide  by the terms hereof.  Under no circumstances will You disclose the Confidential Information to any  third party without express prior written consent of OIT.    7. You  agree  that  any  Confidential  Information  in  whatever  form  is,  as  between  OIT  and  You,  the  property of OIT and shall remain so at all times.  You may not copy any Confidential Information for  any purpose without  the  express prior written  consent of OIT, and if consent is granted, any such  copies  shall  contain  such  confidential/proprietary  rights  notices  as  appear  on  the  original.    Any  copies  of  Confidential  Information  that  OIT  may  have  permitted  You  to  make,  or  other  written  materials  incorporating  Confidential  Information,  shall  be  the  sole  property  of  OIT  and  must  be  returned to OIT or destroyed upon the first to occur of (a) completion of Your use of the same for  the purpose described above or (b) the request by OIT.    8. Nothing in this Agreement shall prohibit or limit Your use of information You can demonstrate is (i)  previously  known  to  You,  (ii)  independently  developed  by  You,  (iii)  acquired  by  You  from  a  third  party  not  under  similar  nondisclosure  obligations  to  the  State  or  OIT,  or  (iv)  which  is  or  becomes  part of the public domain through no breach by You of this Agreement.    9. License to any trade secrets, copyrights, or other rights of OIT is not granted by this Agreement or to  any disclosure of Confidential Information hereunder.    10. You  acknowledge  that  the  Confidential  Information  disclosed  and/or  made  available  to  You  hereunder  is  valuable  to  OIT  and  that  any  threatened  or  actual  breach  of  this  Agreement  would  cause irreparable injury to OIT, for which monetary damages would be inadequate. You agree to be  responsible  for  all  costs  including,  but  not  limited  to,  attorney  fees  incurred  by  OIT  in  any  action  enforcing the terms of this Agreement and the undersigned hereby agrees to hold OIT harmless and  to  defend  any  and  all  lawsuits  brought  by  reason  of  Your  disclosure  of  such  Confidential  Information.    Additionally,  disclosure  of  Confidential  Information  by  You  for  any  reason  may  be  cause for legal action by third parties against the State, OIT, or their respective agents. As a result,  You shall indemnify, save, and hold harmless the State and OIT, its employees and agents, against  any and all claims, damages, liability and court awards including costs, expenses, and attorney fees  and related costs, incurred as a result of any act or omission by You pursuant to this Agreement.  92            11. You  agree  not  to  engage  in  any  business  or  personal  activities  or  practices  or  maintain  any  relationships which conflict in any way with the full performance of Your obligations hereunder. You  acknowledge  that  with  respect  to  this  Agreement,  even  the  appearance  of  a  conflict  of  interest  is  harmful  to  the  State’s  and/or  OIT’s  interests.  Absent  OIT’s  prior  written  approval,  You  agree  to  refrain  from  any  practices,  activities  or  relationships  that  reasonably  appear  to  be  in  conflict  with  the  full  performance  of  Your  obligations  to  OIT  hereunder.  If  a  conflict  or  appearance  exists,  or  if  You  are  uncertain  whether  a  conflict  or  the  appearance  of  a  conflict  of  interest  exists,  You  shall  submit  to  OIT  a  disclosure  statement  setting  forth  the  relevant  details  for  OIT’s  consideration.  Failure  to  promptly  submit  a  disclosure  statement  or  to  follow  OIT’s  direction  in  regard  to  the  apparent conflict constitutes a breach of this Agreement.     12. This  Agreement  shall  become  effective  as  of  the  date  any  Confidential  Information  is  first  made  available  to  You  and  shall  terminate  the  later  of  five  (5)  years  from  either  the  termination  of  this  Agreement or the date Your signature is affixed below.  Notwithstanding anything to the contrary  herein, Your responsibilities as they relate to Confidential Information shall survive the termination  of this Agreement.    13. This  Agreement  may  be  executed  in  multiple  identical  original  counterparts,  all  of  which  shall  constitute one (1) binding agreement.    14. Except  as  specifically  provided  in  this  Agreement,  modifications  of  this  Agreement  shall  not  be  effective unless agreed to in writing by both parties in an amendment to this Agreement, properly  executed and approved in accordance with applicable law and individuals legally authorized to act  on behalf of the parties.    15. Except  as  otherwise  provided  herein,  all  provisions  herein  contained,  including  the  benefits  and  burdens  of  the  Parties,  shall  extend  to  and  be  binding  upon  the  Parties’  respective  heirs,  legal  representatives, successors, and assigns.    16. If any provision or part of any provision in the Agreement is void for any reason, it shall be severed  without affecting the validity of the balance of the Agreement.    17. Within  ten  (10)  days  after  being  served  with  any  pleading  in  a  legal  action  filed  with  a  court  or  administrative  agency,  related  to  this  Agreement  or  which  may  affect  Your  ability  to  perform  the  obligations  hereunder,  You  shall  notify  OIT  of  such  action  and  deliver  copies  of  such  pleadings  to  OIT’s representative as identified in §4 of this Agreement.    18. The laws of the State of Colorado shall govern this Agreement.    19. Waiver  of  any  breach  under  a  term,  provision,  or  requirement  of  this  Agreement,  or  any  right  or  remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed  as a waiver of any subsequent breach of such term, provision or requirement, or of any other term,  provision, or requirement.    93            By signing below You certify that You have read this Agreement and that You have been advised of  the  confidentiality  requirements  and  You  agree  to  will  comply  therewith.    You  hereby  swear  and  affirm  that  You  are  authorized  to  act  and  bind  the  individual  and/or  company  You  are  acting  on  behalf of and acknowledge that OIT is relying on Your representations to that effect.      Company’s legal name __________________________________________________________________ Authorized Individual & Title ______________________________________________________________ By: Signature of Authorized Individual   Date:         94            ATTACHMENT C: Initial Market Analysis In support of FirstNet data collection, Colorado completed a number of activities aimed at understanding the demand for mobile broadband service among first responders across the state. In 2015, a survey of first responders within Colorado was conducted, assessing adoption and usage, devices per first responder, service pricing, and barriers to adoption. The addressable market (e.g., number of users, number of devices, data usage per device, and voice usage per device) was projected for first responder mobile broadband services through the end of the 25-year proposed contractual period for FirstNet. This adoption and usage model leveraged primary and secondary information sources and reflected the broad definition of “first responder” embraced by Colorado. Finally, Colorado related the capacity of the statewide Sample Design in Attachment A to first responder demand from the Initial Market Analysis. The resulting analysis shows how network utilization is likely to grow on a year-by-year basis within each county (including the two Tribes), given certain assumptions. The hypothetical forecast allows the Offeror to understand how much of the total network capacity is required in each geographic region in each year and in which counties a Sample Network could theoretically become capacityconstrained in the future. The deck includes:  Forecast of eligible first responders (addressable market) from 2015 to 2032  Forecast of number of devices  Forecast of usage per device  Demographics of Colorado (area and forecast population)  Summary of market research on devices, usage, service pricing, and barriers to adoption submitted to FirstNet in September 2015  Forecast of usage (GBs and minutes) per county per year, based on hypothetical assumptions of adoption and market share. While not included in this analysis, additional user bases and potential revenue streams exist through the complimentary efforts and secondary objectives described throughout the RFP. For actual document, see Attachment C associated with this RFP on VSS. Due to file size limitations, the PDF was split into sections; a single file can be found at: https://drive.google.com/file/d/0Bz1j7r1gtoiTdkMxWVE3RUVjbjg/view?usp=sharing. 95            ATTACHMENT D: Cost Proposal (Return with Proposal in Phase II) In Phase II of the RFP process, Colorado will provide a financial template that the qualified Offeror must complete and return, in addition to other financial information previously mentioned. The purpose of the template will be to describe in dollars, and other key metrics, the Offeror’s proposed business plan and costs. The template may include (but not limited to), on a year-by-year basis, information such as:           A wholesale revenue forecast with appropriate subcategories (e.g. voice vs. data, primary first responder usage vs. secondary usage, etc.). A pricing schedule, which must separately identify the cost per GB, the cost per minute (assuming VoLTE), and any monthly connection cost per device, with the following attributes: o A schedule of wholesale pricing and a schedule of suggested retail pricing for first responders. These two schedules must provide an appropriate retail / wholesale margin for third distribution channels o A wholesale / retail roaming pricing schedule for PSEs using the CO-RAN who roam onto other networks o A wholesale pricing schedule for secondary users o A roaming pricing schedule for secondary users roaming onto the CO-RAN o A possible revenue/volume commitment from the Offeror if there is an existing business that could benefit directly from the capacity The number of sites deployed in each region and in each year. The capacity delivered by the network in each region in each year. Detailed cost information for each category of sites (e.g. co-located sites vs. newly constructed sites). The required disclosures will include capital expenditures and operating expenses and will describe broad categories of expenditure. Capital expenditures and operating expenses associated with continuously upgrading the network technology. Working capital (construction in progress, receivables, etc.) required to build and operate the network. The cost of any required minimal retail programs (including a kick-starter program, if applicable; see Section 2.4). Proposed rates for additional service offerings (IRUs, lit services, tower fees, etc.) that arise from the construction of the network. Details on the overall cost of capital and other factors. Colorado may include a list of questions with the financial schedule spreadsheet to ensure that the assumptions behind the numbers are clear. 96            ATTACHMENT E: Resources All resources relevant to a comprehensive proposal may not be listed in this document or attachment.                     APCO P25 Statement of Requirements: https://www.apcointl.org/images/pdf/SOR-2010.pdf Colorado 911 Resource Center: http://www.co911rc.org Colorado Broadband Efforts: http://broadband.co.gov Colorado Department of Transportation: https://www.codot.gov/ Colorado Information Security Policies: http://www.oit.state.co.us/ois/policies Colorado Legislative “Task Force on 911 Oversight, Outage Reporting and Reliability” report (2016): http://leg.colorado.gov/node/963996/ Colorado Public Utilities Commission – 911: https://www.colorado.gov/pacific/dora/emergency911 Colorado Responses to all FirstNet, FCC and NTIA Notices to Date: https://sites.google.com/a/state.co.us/firstnetcolorado/home/network-coverage/rfp-and-public-noticeresponses http://www.FirstNet.gov http://www.FirstNetColorado.org FCC E-Rate Modernization Order: https://www.fcc.gov/general/summary-e-rate-modernizationorder FCC Notice of Proposed Rulemaking (NPRM) 16-117, August 2016 to seek comment on the Commission’s role in the Opt-Out process (also regarding PS Docket No. 16-269, PS Docket No. 1294 and PS Docket No. 06-229 at https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-117A1.pdf.) FCC “Recommended Minimum Technical Requirements to Ensure Nationwide Interoperability for the Nationwide Public Safety Broadband Network” (May 22, 2012): https://ecfsapi.fcc.gov/file/7021919873.pdf FirstNet - All Notices and Interpretations Published to Date on the Federal Register: https://www.federalregister.gov/documents/search?conditions%5Bagencies%5D=first-respondernetwork-authority&page=1&per_page=10 FirstNet Draft PEIS for the Central Region: https://www.regulations.gov/docket?D=FIRSTNET2016-0003 FirstNet RFP: FirstNet Nationwide Public Safety Broadband Network (NPSBN) Solicitation No. D15PS00295E Middle Class Tax Relief and Job Creation Act of 2012: https://www.congress.gov/112/plaws/publ96/PLAW-112publ96.pdf NPSTC “Defining Public Safety Grade Systems and Facilities”: http://www.npstc.org/download.jsp?tableId=37&column=217&id=3066&file=Public_Safety_Grade_ Report_140522.pdf NTIA SAPP: https://www.ntia.doc.gov/category/state-alternative-plan-program and Notice: https://www.ntia.doc.gov/federal-register-notice/2016/notice-and-request-comments-state-alternativeplan-program-sapp-and-fir RTD-Denver: http://www.rtd-denver.com 97