Western States Contracting Alliance

Transcription

Western States Contracting Alliance
Western States
Contracting
Alliance
Wireless Voice Service,
Wireless Broadband
Service,
Accessories and
Equipment
RFP #1907
TECHNICAL PROPOSAL
April 4, 2011
Tab I
Title Page
A. Part I A– Technical Proposal for: “Wireless Voice Service, Wireless Broadband Service,
Accessories and Equipment”
B. Band of Service: Wireless Voice Service, Wireless Broadband Service, and Accessories and
Equipment (Separate Tabs for Each Band per Amendment 2, Question #34)
C. RFP No:
1907
D. Sprint Solutions, Inc.
12502 Sunrise Valley Drive
Reston, VA 20196
E. Proposal Opening Date:
March 28, 2011 April 4, 2011
F. Proposal Opening Time:
2:00 PM
12502 Sunrise Valley Drive
Reston, VA 20196
March 29, 2011
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
Dear Ms. Smith:
Sprint Solutions, Inc. (“Sprint”) has reviewed the State of Nevada Purchasing Division’s Request for
Proposals (“RFP”) for Wireless Voice Service, Wireless Broadband Service, Accessories and
Equipment. We understand that the State of Nevada is acting as the lead state for the Western States
Contracting Alliance (“WSCA”). We have a long standing relationship with WSCA and a proven
track record of providing services to your members nationwide. Sprint is eager to continue to build on
our long-standing partnership and have provided this document in response to your need for Wireless
Voice Service (Band 1), Wireless Broadband Service (Band 2), and Accessories and Equipment (Band
3). Separate Tabs for each Band are included in this proposal per Amendment 2, Question #34.
By selecting Sprint, it will enable your WSCA members to benefit from a committed provider for
voice, wireless and Internet services that offers a package of tailored solutions and innovations such as
4G service. Sprint has a strong history of providing services to the public sector. We will continually
work to improve the degree of coverage, provide the highest caliber of service, and support newly
emerging data and technologies to present cost advantages and deliver better value to WSCA
members.
The foundation of a Sprint wireless program is a powerful combination of the Nextel National
Network and the all-digital Nationwide Sprint Network, through which we offer a portfolio of superior
high-speed wireless solutions that provides a robust, scalable broadband infrastructure that enhances
connectivity, communication, interactivity and collaboration for the public sector.
Our innovative wireless solutions help public sector agencies to increase flexibility, collaboration and
productivity and enable them to provide economic and social growth potential for their communities.
♦ State and Local Government Agencies – Improve public services and fiscal accountability
with accurate mobile data capture by utilizing the latest mobile technology to maintain local
infrastructure for constituents while balancing budgets
♦ Continuity of Government - Utilize the latest in mobile technology to resume business after
a disruptive event
♦ Law Enforcement/Emergency Response – Heighten emergency readiness, safety and
security with the ability to easily capture, access, and compare relevant data to make fast,
informed decisions in time of crisis
Sprint offers a robust suite of wireless productivity-enhancing technologies, such as wireless voice,
Mobile Broadband, E-mail/PIM, Mobile Business Applications and IP Convergence to empower
WSCA members to work securely and quickly from any location. WSCA members will continue to
benefit from comprehensive communication services through Sprint, leveraging our integrated
wireless platforms and applications.
Our current 3G network, which is launched in 99% of our network areas, coupled with the launching
4G network will provide WSCA members with superior connection speeds. Sprint 4G Services
promises to bring faster speeds (up to five times faster than current 3G wireless devices) and greater
mobile Internet convenience to customers. It will enable a completely new range of devices,
applications and uses for our customers. What this means is new interactive communications, highspeed Internet browsing, social networking tools, local and location-centric services and multimedia
services including music, video, mobile TV and on-demand products through the Internet.
Please contact your Client Executive, Gray Sigler at 775.450.2916 or via e-mail at
[email protected] if you have any questions. Sprint welcomes the opportunity to provide
additional information to WSCA regarding the products and services discussed within this document.
Sincerely,
Paget Alves
President, Business Markets Group
Sprint Solutions, Inc.
Western States Contracting Alliance
Tab II
Table of Contents
Table of Contents
TAB I TAB II TAB III TAB IV TAB V TAB VI TITLE PAGE ................................................................................................ I TABLE OF CONTENTS................................................................................... I VENDOR INFORMATION SHEET ..................................................................... 1 STATE DOCUMENTS .................................................................................... 2 ATTACHMENT B-1 ...................................................................................... 4 SECTION 3 SCOPE OF WORK ..................................................................... 39 GENERAL REQUIREMENTS ......................................................................................... 39 ADMINISTRATION OF CONTRACT(S) ............................................................................ 40 REPORTING ............................................................................................................... 42 CONTRACT MANAGEMENT .......................................................................................... 48 VOICE SERVICES AND SUPPORT (BAND 1) .................................................................. 51 BROADBAND SUPPORT SERVICES (BAND 2)................................................................ 77 ACCESSORIES/EQUIPMENT/DEVICES (BAND 3) ........................................................... 99 TAB VII SECTION 4 COMPANY BACKGROUND AND REFERENCES ........................... 107 4.1 VENDOR INFORMATION ............................................................................................ 107 4.2 SUBCONTRACTOR INFORMATION .............................................................................. 112 4.3 BUSINESS REFERENCES .......................................................................................... 112 4.4 VENDOR STAFF RESUMES ....................................................................................... 116 TAB VIII OTHER INFORMATIONAL MATERIAL .......................................................... 118 COVERAGE MAPS............................................................................................................... 118 CNS .................................................................................................................................. 119 ERT .................................................................................................................................. 125 SPRINT RAPID DEPLOYMENT SOLUTIONS ............................................................................ 127 ENVIRONMENTAL RESPONSIBILITY ...................................................................................... 130 M2M EMBEDDED MOBILE COMPUTING SOLUTIONS ............................................................. 134 MOBILE LEARNING SOLUTIONS ........................................................................................... 140 SPRINT BIZ APP MARKETPLACE .......................................................................................... 143 APPENDIX I CONTRACTOR’S ADDITIONAL TERMS ................................................... 145 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Page i
Western States Contracting Alliance
Page ii
Western States Contracting Alliance
Tab III
Vendor Information Sheet
Sprint has provided the completed Vendor Information Sheet following this page.
Page 1
VENDOR INFORMATION SHEET FOR RFP NO: 1907
Vendor Must:
A) Provide all requested information in the space provided next to each numbered question. The
information provided in Sections V1 through V6 will be used for development of the contract;
B) Type or print responses; and
C) Include this Vendor Information Sheet in Tab III, State Documents of the Technical Proposal.
V1
Firm Name
Sprint Solutions, Inc.
V2
Street Address
12502 Sunrise Valley Drive
V3
City, State, ZIP
Reston, VA 20196
V4
V5
V6
Area Code:
Telephone Number
Number: 775-450-2916 (Gray Sigler)
Extension:
Area Code:
Facsimile Number
Number: 704-732-6526 (Gray Sigler)
Extension:
Toll Free Number
Area Code:
Number:
Extension:
Contact Person for Questions / Contract Negotiations,
including address if different than above
V7
Name: Michaela Clairmonte
Title: Manager, Contract Negotiations & Management
Address: 12502 Sunrise Valley Dr., Reston, VA 20196
Email Address: [email protected]
V8
V9
V10
V11
Area Code: 703
Telephone Number for Contact Person
Number: 433-8581
Extension:
Area Code: 866
Facsimile Number for Contact Person
Number: 515-0932
Extension:
Name of Individual Authorized to Bind the Organization
Name: Paget Alves
Title: President, Business Markets Group
Signature (Individual must be legally authorized to bind the vendor per NRS 333.337)
Signature:
Date: March 30, 2011
Wireless Services, Accessories and Equipment
RFP No. 1907
Page 2 of 52
Western States Contracting Alliance
Tab IV
State Documents
The State documents tab must include the following:
A. The signature page from all amendments with an original signature by an individual
authorized to bind the organization.
Sprint has read and understands. Sprint has provided signed amendments as requested above.
B. Attachment A – Confidentiality of Proposal and Certification of Indemnification with an
original signature by an individual authorized to bind the organization.
Sprint has provided a signed copy of Attachment A at the end of Tab IV.
C. Attachment C1 – Vendor Certifications with an original signature by an individual
authorized to bind the organization.
Sprint has provided a signed copy of Attachment C at the end of Tab IV.
D. A copy of vendor’s Certificate of Insurance identifying the coverages and minimum limits
currently in effect.
Sprint has provided a copy of our Certificate of Liability Insurance and our Memorandum of
Insurance at the end of Tab IV.
E. Copies of any vendor licensing agreements and/or hardware and software maintenance
agreements, if applicable.
Sprint is licensed to provide wireless service in all 50 states, Puerto Rico and the U.S. Virgin
Islands. Sprint holds numerous renewable licenses, with varying expiration dates, and intends to
renew all its PCS licenses according to FCC rules and procedures. Sprint does not anticipate
license expiration dates will affect services proposed. Sprint is willing to provide additional
information regarding licenses if necessary.
F. Copies of applicable certifications and/or licenses.
Copies of these licenses can be obtained through the FCC’s website,
http://wireless.fcc.gov/uls/index.htm?job=home. Sprint holds approximately 55,000 FCC licenses
nationwide.
Page 2
State of Nevada
Department of Administration
Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
SUBJECT:
Brian Sandoval
Governor
Greg Smith
Administrator
Amendment No. 1 to Request for Proposal No. 1907
DATE OF AMENDMENT: February 7, 2011
DATE OF RFP RELEASE: February 3, 2011
DATE AND TIME OF OPENING: March 28, 2011 @ 2:00 P.M.
AGENCY CONTACT: Teri Smith, Purchasing Officer
The following shall be a part of RFP No. 1907 for Wireless Voice Service, Wireless Broadband
Service, Accessories and Equipment (WSCA). If a vendor has already returned a proposal and
any of the information provided below changes that proposal, please submit the changes along
with this amendment. You need not re-submit an entire proposal prior to the opening date and
time.
The last paragraph of section 1.1 of RFP 1907 currently states:
The contract term will be for a four (4) year period beginning November 1, 2012 through
October 31, 2015, with the option to extend for an additional two (2) years beyond the initial
contract term at the discretion of the lead State or as determined in the best interest of the lead
State and WSCA, subject to mutual written acceptance. It is anticipated that this procurement
will result in multiple awards.
The paragraph shall be replaced in its entirety with the following:
The contract term will be for a four (4) year period beginning November 1, 2012 through
October 31, 2016, with the option to extend for an additional two (2) years beyond the initial
contract term at the discretion of the lead State or as determined in the best interest of the lead
State and WSCA, subject to mutual written acceptance. It is anticipated that this procurement
will result in multiple awards.
In section 8 of RFP 1907, RFP Timeline, the Deadline for submittal of Reference Questionnaires
is changed to the following: No later than 4:30 PM on March 25, 2011.
Please note that the deadline on the Reference Questionnaire is correct.
Amendment 1
RFP 1907
Page 1
ALL ELSE REMAINS THE SAME FOR RFP 1907.
Vendor shall sign and return this amendment with proposal submitted.
Sprint Solutions, Inc.
NAME OF VENDOR ___________________________________________________________
AUTHORIZED SIGNATURE ____________________________________________________
TITLE
Paget Alves, President,
Business Markets Group
__________________________________
March 30, 2011
DATE _____________________________
RFP 1907 Amendment #1
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
Amendment 1
RFP 1907
Page 2
State of Nevada
Department of Administration
Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
Brian Sandoval
Governor
Greg Smith
Administrator
SUBJECT:
Amendment No. 2 to Request for Proposal No. 1907
DATE OF AMENDMENT:
March 22, 2011
DATE OF RFP RELEASE:
February 3, 2011
DATE AND TIME OF OPENING:
March 28, 2011 @ 2:00 p.m. April 4, 2011 @ 2:00 p.m.
AGENCY CONTACT:
Teri Smith, Purchasing Officer
The following shall be a part of RFP No. 1907 for Wireless Voice Service, Wireless Broadband
Service, Accessories and Equipment (WSCA). If a vendor has already returned a proposal and
any of the information provided below changes that proposal, please submit the changes along
with this amendment. You need not re-submit an entire proposal prior to the opening date and
time.
The opening date and time will be extended until Monday, April 4, 2011 @ 2:00 P.M. (PST).
The deadline for submittal of Reference Questionnaires will be extended until 4:30 P.M. Friday,
April 1, 2011.
The following definition shall be added to Section 2 of RFP 1907:
Participating Entity shall be any Department, Division or Agency of the State of Nevada,
participating NASPO/WSCA states, and authorized local entities.
The following states’ unique Terms and Conditions shall be added to Attachment K of RFP
1907:
Utah Terms and
Conditions.doc
Arizona Terms and
Conditions.doc
Arizona Uniform
Terms and Conditions
QUESTIONS AND ANSWERS:
1.
What type of devices will the Wireless services be supporting? Smart Phones, Satellite
systems etc.
Wireless devices such as cell phones, notebooks, netbooks, etc. Satellite systems do not
fall within the scope of this RFP.
Amendment 2
RFP 1907
Page 1 of 9
2.
Will carriers who only provide service in only a single state be considered for potential
contract award? I represent a company based in Alaska. We provide telecommunications
services, including wireless voice and wireless broadband, throughout the state of Alaska.
We are potentially interested in the RFP no 1907 as the State of Alaska is a participating
member of WSCA. If we are to submit a proposal, it would contain the limitation of
Alaska only. No other WSCA member State would be able to purchase from us. The
intention is to provide a competitive purchasing vehicle for those eligible agencies in
Alaska only. Would this limitation disqualify us?
This limitation does not disqualify your company.
3.
On the previous WSCA Agreement, pricing was defined as a percentage discount off
standard retail rates. The current RFP and associated pricing worksheets do not include
this type of pricing. Are vendors allowed to propose a percentage discount off standard
retail rates?
Vendors can propose a percentage discount off standard retail rates, but must also
provide pricing as requested.
4.
Are vendors required to include exceptions to States Unique Terms & Conditions
(Oregon & Montana, Attachment K) as part of our response or will these State Unique
Terms and Condition be addressed between the awarded bidders and the individual States
upon notification of award?
Vendors should include exceptions to those unique terms and conditions as a part of their
proposal, clearly stating which state’s terms and conditions the exceptions apply to.
These exceptions will not necessarily be considered during the evaluation process.
Exceptions to a State’s unique terms and conditions will be addressed between the
awarded vendor(s) and the individual participating entity.
5.
Section 3.2.2 states that “All changes/reductions to current agreement pricing shall be
formalized by an Agreement Amendment…” To clarify, is this section requiring an
amendment for all ongoing changes in rate plans, products and services that are regular
adjustments and updates to a vendor’s portfolio? Or is the intent of Section 3.2.2 to
formalize by written amendment changes in contractual language in the Master
Agreement including, but not limited to, changes in the percentage discount offered on
services, a change in the scope of products offered under the contract and/or introduction
of new technologies with additional product terms.
The intent of this section is to formalize by written amendment changes in contractual
language in the Master Agreement including, but not limited to: changes in the
percentage discount offered on services; a change in the scope of products offered under
the contract; and/or introduction of new technologies with additional product terms.
When new technologies are introduced, the discount structure that applies to the new
technology must be approved.
6.
Existing statewide and local agency Participating Addendums (PA) under the existing
WSCA Master Price Agreement #1523 expire on 10/31/2012. Is WSCA contemplating a
transition period during which new Participating Addendums (or amendments to existing
Amendment 2
RFP 1907
Page 2 of 9
Participating Addendums) can be executed under the new WSCA Master Agreement
awarded as a result of RFP No. 1907?
The intent is to award new contracts as of October 31, 2011. This will allow for any
awarded current vendors to transition existing customers to the new contract, and will
also allow for any new vendors to begin executing Participating Addendums immediately,
with all executions completed by October 31, 2012.
7.
Are vendors permitted to submit their own W-9 form in lieu of the W-9 included in the
RFP, Attachment F?
Yes. In addition, when a participating entity executes a Participating Addendum,
vendors may be required to register within that State and provide and additional W-9 for
each Participating Addendum executed.
8.
Regarding Section 4.3, are subcontractors required to submit business references?
Yes. Please see Section 4.2.1.3 of the RFP.
9.
Will this Bid allow a vendor to submit a bid for replacement aftermarket batteries (NonOEM) as the only line items bid?
Yes, as long as warranties meet the requirements of the RFP.
10.
Section 1 Project Overview Section; Participation by 50 states is listed, but District of
Columbia is not mentioned. Will District of Columbia be allowed to participate?
Yes.
11.
Section 3.2.3 Administrative Fee Payment Schedule and Attachment G. In this section
the administrative fee is to be paid within 60 days after the end of the quarter, but in
Schedule G the schedule for payment is the 15 day of the second calendar month after the
end of the quarter. Please explain the difference.
Schedule G is correct. “Quarterly sales reports are sent by 15th day of second calendar
month after end of calendar quarter (the same schedule outlined below for the admin fee
checks)”). This schedule applies only to the WSCA administrative fee. Schedules for any
administrative fees payable to any individual participating entities will be agreed upon
by the awarded vendor and the participating entity.
12.
Section 4.2.1.4 Subcontractor Information Appears that some words were deleted at the
end of this requirement. Please clarify and provide the requirement in its entirety.
Section 4.2.1.5 shall be added and shall read:
Vendor must notify the participating entity of the intended use of any subcontractors not
identified within their original proposal response and provide the information originally
requested in the RFP in Section 4.2, Subcontractor Information. The vendor must receive
participating entity approval prior to subcontractor commencing work.
13.
9.1.5 and 9.2.2.6 General Submission Requirements and Tab VI-Section 3-Scope of
Work. Please clarify that the vendor can submit responses in a different style/format of
Amendment 2
RFP 1907
Page 3 of 9
their choosing than the RFP requirement. Section 9.1.5 basically states that this is
acceptable; however, Section 9.2.6 states that responses are to be in bold/italics.
Responses in bold/italics will be very difficult for the proposal reviewers and evaluators
to read.
Vendor responses must be presented in a style/format that is easily distinguishable from
RFP language.
For consistency purposes, bold/italics is preferred.
Exceptions/assumptions to this will be considered during the evaluation process.
14.
Attachment B1 Certification of Compliance with T&C of RFP. If we have a few
exceptions to we respond and we have noted those exceptions on this attachment would
we respond that we comply with the terms & conditions in the RFP or that we do not
comply with the terms & conditions of the RFP.
Vendor response must indicate non-compliance with the terms and conditions of the RFP
and propose alternate language.
15.
Attachment D WSCA MSA Contract Form. New Attachment D is more similar to the
existing “Independent Contract for Services” than the existing Attachment DD. The
vendors need a true, customer facing contract document that spells out the terms and
conditions applicable to the relationship. This Attachment D appears to be Nevadaspecific (again, much like last round’s Independent Contract). We believe that the
existence of a set of terms and conditions that are Nevada-specific creates significant
confusion that can be avoided by having Nevada sign its own, separate PA. That PA
would incorporate the more broad terms and conditions, much like Attachment DD today.
Please clarify.
The terms and conditions contained in Attachment D are not intended to be Nevada
specific; however, the solicitation is required to be done under the lead state’s statutes,
and therefore, Nevada Revised Statutes are cited. Nevada will sign a separate
Participating Addendum once the contracts have been executed.
16.
Section 2 Definitions. Certain definitions require some clarification. Under the existing
contract, there is WSCA, Participants (entities that execute a PA), Participating Entities
(entities that participate under a PA signed by a separate Participant), and End Users (the
CRUs and IRUs, collectively, for a Participating Entity). Under the new RFP, you have
defined Customer, State, Subscriber and User, but not all the terms referenced above.
There is a certain amount of overlap between these various definitions and we believe it
is important to clearly define these roles (for example “State” means Nevada “and any
agency identified herein”. Does that mean Nevada agency or ANY agency? Can WSCA
provide this clarification?
Definitions in this RFP are the only definitions to be considered. The definitions for
Customer, State, Subscriber and User shall mean any department, division, agency of
participating NASPO/WSCA states, authorized local entities, and authorized employees
thereof, where applicable.
17.
Sections 3.5.9 and 3.5.15 Detailed coverage maps. Will certain elements of our response,
particularly our detailed network maps and technology migration plans, be kept
confidential?
Amendment 2
RFP 1907
Page 4 of 9
If this information is considered a trade secret as defined by NRS §333.020(5)(a), it
should be included in the vendor’s confidential technical response. Please see Section
9.3 of the RFP.
18.
Section 3.6.15 Please clarify what is meant by “the ability to provide wireless data
services for any equipment that has wireless voice capability.”
Cell phones that are capable of sending and receiving data. On reconsideration, we will
accept devices that can provide either (i.e. Netbooks with no voice; cell phones with no
data) but this must be delineated when presented to participating entities.
19.
Section 3.5.14 Please clarify what is meant by this section, particularly with respect to the
clause “additional charges or fees”. Is WSCA expecting that trial programs be provided
free of charge? Or are the vendors allowed to charge their standard, contractual charges
as applicable?
WSCA is requesting a free trial period from vendors.
20.
In regards to the E-Rate pricing that is requested in the proposal. What is the average ERate percentage that needs to be calculated across all sites that are comprised in the State
of Nevada network?
This is unknown.
21.
Which companies are the current providers of the State of Nevada voice, internet, cell
phone and broadband services at this present time?
The State of Nevada participates on the current WSCA Wireless contracts with AT&T
Mobility, Sprint Solutions, T-Mobile, and Verizon Wireless.
22.
How many voices lines are comprised on the State of Nevada network ? What is the
current delivery type of the voices services (POTS, PBX,Internet)?
This is unknown.
23.
What is the estimated number (+or-) Wireless Broadband lines currently or anticipated
for the State of Nevada network? Will this be the first implementation of wireless
broadband for the State of Nevada network?
This is unknown.
24.
What is the estimated number of State of Nevada employees in 2011? What is the current
policy for providing cell phone to State of Nevada employees?
There are roughly 16,000 state employees in Nevada. Each department/agency writes
their own policy for providing cell phones to employees and their usage. This will also
vary from participating entity to participating entity throughout the states.
Amendment 2
RFP 1907
Page 5 of 9
25.
In regards to customer care support. What level of customer service support is the State
of Nevada seeking Tier 1, Tier 2 or Tier 3. What hours and days per week should the
vendor be prepared to provide to the State of Nevada?
It is expected that all levels of customer service support are available to all participating
entities. It is also expected that some level, but not necessarily all levels, of support be
available 24/7. Vendors should clearly define the levels of support each tier constitutes
within their response.
26.
In regards to current voice and broadband network design. Are any of the services
currently terminated within a data centers? If so are the data centers owned by the State
of Nevada or leased space from major carriers such as Level 3, Quest or NAP's like
Switch?
This is unknown.
27.
How many voicemail boxes are being requested for network?
This is unknown.
28.
Is the State of Nevada looking for improvement in network security to be implemented
on network with these requested changes?
This is unknown.
29.
In attempting to estimate administrative fees to be paid to Western States. What is the
current monthly billing amount for each category of existing voice and wireless
broadband services?
The information provided in Attachment J of the RFP is the most current and complete
information that can be provided.
30.
At section 4.1.4, can you please confirm what licensing would be required? besides my
business license, and certificate of insurance.
It is the proposing vendor’s responsibility to research and comply with license that is
required of a vendor to provide the services/equipment contemplated within RFP 1907.
31.
For the accessories (band3) the pricing sheet and cost analysis ask for discount percent
off. Is this off of MSRP or off vendor current pricing? Each vendor's current pricing is
already going to be a different percent off MSRP. In order to make comparisons of
percent off on an equal basis, is it possible that vendors list Discount Percent off for
MSRP & current pricing (to be listed as MSRP / current pricing) so that evaluators can
see how much vendor's pricing is off of MSRP.
Yes.
32.
Reference 3.1.4- It appears that the E-rate program would apply to vendors providing
wireless service, but it does not appear that it would apply to vendors providing
Amendment 2
RFP 1907
Page 6 of 9
accessories (band 3). Are vendors participating in only Band 3 be required to commit to
participate in this program as well?
The E-Rate program provides discounts to assist most schools and libraries to obtain
affordable telecommunications and internet access. It is not believed to be intended for
accessories.
33.
Reference 3.2.3 - This section refers to administrative fees required by WSCA or nonWSCA states in addition to the WSCA administrative fee. It states that "The
Contractor(s) may adjust SES (Service Equipment Schedule) pricing accordingly for
purchases made by procuring agencies within jurisdiction of the state." Question- For
vendors participating in Band 3 for Accessories and Equipment only, we don't necessarily
have a SES. Can these vendors adjust pricing as specified in our pricing sheet
accordingly as is being allowed for service providers?
Yes, but this should be clearly defined.
34.
In accordance with section 3.1.1 Scope of Work Vendors may choose to submit a
proposal on any or all listed services and/or equipment. Vendor must submit separate
binders identifying compliance with each band. For Vendors proposing multiple bands
this requirement could amount to 84+ binders being provided to WSCA for review. In
accordance with section 9.1.6 and the State of Nevada's continuing efforts to reduce solid
waste and further recycling efforts, would WSCA accept one Technical Section
containing the appropriate Tabs for each band, One Cost Section containing the
appropriate Tabs for each band and one Confidential Financial binder in order to reduce
environmental impacts and support Vendor green initiative objectives if a Vendor should
choose to respond to multiple bands.
Yes.
35.
It was stated at the 2/23 pre-proposal meeting that Public Sector Associations or other
cooperatives with members are allowed to sign a PA with Wireless Contractors. 1.a
Please describe the type of Association or Cooperative that is eligible to sign a WSCA
PA. 1.b Is the intent that the Associations would be able to purchase on a CL and IL basis
for their Association and/or members use? 1.c Would WSCA allow wireless contractors
to customize Terms & Conditions and/or pricing for specific entities, such as non-profit
organizations? For example, removal of early termination fee waivers.
This will vary by State and must be addressed on a case by case basis.
36.
It was stated at the 2/23 pre-proposal meeting that Contractors can sign PA’s directly
with non-profits in States that do not prohibit such a practice. .a Assuming there is no
State law prohibition, is there any limitation on the type of non-profits that will be
eligible to sign a PA? Will WSCA allow Wireless Contractors to restrict certain types of
non-profits? b Do eligible non-profit entities have the same right to sign PA’s as a local
governments (e.g., City or County) in States that have a State level PA but do not define
non-profits as eligible or in States without a State level PA?
This will vary by participating entity and must be addressed on a case by case basis.
Amendment 2
RFP 1907
Page 7 of 9
37.
It was stated at the 2/23 pre-proposal meeting that WSCA will consider accommodating
contract survivability for the purpose of E-Rate funding. Will WSCA allow Wireless
Contractors to sign PA’s and/or E-Rate agreements under the terms of the WSCA Master
Agreement with termination dates that are coterminous with the E-Rate funding years
(July 1 – June 30) up to eight months beyond the then effective termination date of the
WSCA Master Agreement?
If the Participating Addendum is signed prior to current contract termination, it will
survive.
38.
Section 3.5 How do you specifically wish for us to showcase our coverage offering?
Will % of area covered, % of population covered, Total pops covered or type of service
that covers each state suffice? (3.5.7)
Offerings should provide complete and detailed information in as clear and
straightforward format as possible.
39.
Section 3.5.8 states no roaming/in-network voice services; where there are no roaming
charges and rely on partner network to offer the best user experience can we show total
coverage mapping (company owned and partner) for each State?
Yes.
40.
Please elaborate on specifically what is needed for section 3.5.12, nationwide, states, etc?
Provide detailed plans and timelines of what your company is doing to improve coverage
in any area where you currently have 50% or less coverage.
41.
For section 3.5.13 the ask is to identify “basic” equipment provided for standard
operations; would it be appropriate to offer a “basic” / “preferred” option, or “good”,
“better”, “best”, so long as it’s clearly identified and articulated appropriately?
Yes. All warranty requirements will apply.
42.
Section 3.5.25: Please confirm you are looking for specific detail and pricing on how we
will augment in-building coverage (product solution and/or services based).
Correct.
43.
Section 3.6: This section has all the same questions as 3.5 only for data. Is it imperative
we assume this needs to be separated within our response?
Correct.
44.
In section 3.6.20, please elaborate. Is the need to truly define all devices not supported on
our network or if we should highlight a few key related devices not support or devices
which we don’t stock or have access through partner networks, etc.
Please highlight a few key related devices not supported or devices which you don’t stock
or have access through partner networks, etc.
Amendment 2
RFP 1907
Page 8 of 9
45.
Attachment H pricing documents. Do you want all three of the BANS cost pricing in
one pricing document or would you like separate voice, broadband and accessories
pricing documents; if we will be proposing a bid for all three BANS.
We would prefer one for each band.
46.
Reporting Due to CPNI issues may we create a separate IL report for the Individual
Liable lines on the WSCA contract showing the gross Lines, gross Minutes, gross spend
for each quarter? Due to CPNI limitations we are unable to provide information on IL
lines such as customer name, address, mobile number etc?
WSCA does not require customer information on IL accounts; reports on these accounts
should include spend only.
47.
What information do you want in the following columns in the line and equipment
reports?
Column
#
22
28
29
30
31
32
Field
Size
8
30
1
1
60
60
Vendor
Name
UNSPSC
Commodity
VAR/Reseller/
Distributor
Name
Recycling
Optional – Category Optional-Class
Description
Detail
These can be left blank and will be addressed with awarded vendor(s) in the future. The
column should be left, but can be blank where no information is available.
ALL ELSE REMAINS THE SAME FOR RFP 1907.
Vendor shall sign and return this amendment with proposal submitted.
NAME OF VENDOR
Sprint Solutions, Inc.
AUTHORIZED
SIGNATURE
TITLE
Paget Alves, President,
Business Markets Group
DATE March 30, 2011
RFP 1907 Amendment 2
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
Amendment 2
RFP 1907
Page 9 of 9
ATTACHMENT A
CONFIDENTIALITY OF PROPOSALS AND
CERTIFICATION OF INDEMNIFICATION
Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant portion of the submitted
proposal is marked “confidential” will not be accepted by the State of Nevada. Pursuant to NRS 333.333, only specific parts
of the proposal may be labeled a “trade secret” as defined in NRS 600A.030(5). All proposals are confidential until the
contract is awarded; at which time, both successful and unsuccessful vendors’ technical and cost proposals become public
information.
In accordance with the Submittal Instructions of this RFP, vendors are requested to submit confidential information in separate
binders marked “Part I B Confidential Technical” and “Part III Confidential Financial”.
The State will not be responsible for any information contained within the proposal should vendors not comply with the
labeling and packing requirements, proposals will be released as submitted. In the event a governing board acts as the final
authority, there may be public discussion regarding the submitted proposals that will be in an open meeting format, the
proposals will remain confidential.
By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to
defend and indemnify the State of Nevada for honoring such designation. I duly realize failure to so act will constitute a
complete waiver and all submitted information will become public information; additionally, failure to label any information
that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the
information.
This proposal contains Confidential Information, Trade Secrets and/or Proprietary information as defined in Section 2
“ACRONYMS/DEFINITIONS.”
Please initial the appropriate response in the boxes below and provide the justification for confidential status.
Part I B – Confidential Technical Information
YES
NO
Proposal Section & Page #
X
Justification for Confidential Status
Part III – Confidential Financial Information
YES
NO
X
Justification for Confidential Status
Sprint Solutions, Inc.
Company Name
Signature
March 30, 2011
Paget Alves, President, Business Markets Group
Print Name
Date
This document must be submitted in Tab IV of vendor’s technical proposal
Wireless Services, Accessories and Equipment
RFP No. 1907
Page 40 of 52
ATTACHMENT C - VENDOR CERTIFICATIONS
Vendor agrees and will comply with the following:
(1)
Any and all prices that may be charged under the terms of the contract do not and will not violate any existing federal,
State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify,
exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract.
(2)
All proposed capabilities can be demonstrated by the vendor. *
(3)
The price(s) and amount of this proposal have been arrived at independently and without consultation, communication,
agreement or disclosure with or to any other contractor, vendor or potential vendor.
(4)
All proposal terms, including prices, will remain in effect for a minimum of 180 days after the proposal due date. In the
case of the awarded vendor, all proposal terms, including prices, will remain in effect throughout the contract negotiation
process.
(5)
No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal
higher than this proposal, or to submit any intentionally high or noncompetitive proposal. All proposals must be made in
good faith and without collusion.
(6)
All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in the
proposal, except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion must
be in writing and included in the proposal at the time of submission.
(7)
Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual
services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be
disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to give at
any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt
to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification
of a vendor’s proposal. An award will not be made where a conflict of interest exists. The State will determine whether a
conflict of interest exists and whether it may reflect negatively on the State’s selection of a vendor. The State reserves the
right to disqualify any vendor on the grounds of actual or apparent conflict of interest.
(8)
All employees assigned to the project are authorized to work in this country.
(9)
The company has a written equal opportunity policy that does not discriminate in employment practices with regard to
race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, developmental
disability or handicap.
(10) The company has a written policy regarding compliance for maintaining a drug-free workplace.
(11) Vendor understands and acknowledges that the representations within their proposal response are material and important,
and will be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as
fraudulent concealment from the State of the true facts relating to the proposal.
(12) Vendor must certify that any and all subcontractors comply with Sections 7, 8, 9, and 10, above.
(13) The proposal must be signed by the individual(s) legally authorized to bind the vendor per NRS 333.337.
Sprint Solutions, Inc.
Company Name
Signature
Paget Alves, President, Business Markets Group
March 30, 2011
Print Name
Date
* Sprint certifies, to the best of Sprint's actual knowledge, that there is no existing or potential conflict of interest relative to the performance of the contractual services resulting
must
submitted
in employees,
Tab IV and
of vendor’s
from this RFP. However, Sprint is a This
publiclydocument
traded company
with be
approximately
40,000
Sprint has notechnical
mechanism toproposal
track whether any employees or officials of
the State (or their family members) are shareholders of Sprint or whether any Sprint director, officer or employee has a family relationship with employees or officials of the
State. Ownership
of Sprint's
publicly
traded stockand
changes
daily, and, therefore,
it isNo.
not commercially
feasible to ascertain the ownership percentage Page
of individual
Wireless
Services,
Accessories
Equipment
RFP
1907
43 of owners.
52
Western States Contracting Alliance
Page 3
Western States Contracting Alliance
Tab V
Attachment B-1
The Technical Proposal Certification of Compliance with Terms and Conditions of RFP with an
original signature by an individual authorized to bind the organization must be included in this
tab.
In order for any exceptions and/or assumptions to be considered they MUST be documented in
detail in the tables in Attachment B1. The State will not accept additional exceptions and/or
assumptions if submitted after the proposal submission deadline. Vendors must be specific.
Nonspecific exceptions or assumptions may not be considered. If the exception or assumption
requires a change in the terms or wording of the contract, the scope of work, or any
incorporated documents, vendors must provide the specific language that is being proposed in
Attachment B1.
Sprint has provided a signed copy of Attachment B-1 following this page.
Page 4
ATTACHMENT B1
TECHNICAL PROPOSAL CERTIFICATION OF COMPLIANCE
WITH TERMS AND CONDITIONS OF RFP
I have read, understand and agree to comply with the terms and conditions specified in this Request for
Proposal.
YES
NO
I agree to comply with the terms and conditions specified in this RFP.
I do not agree to comply with the terms and conditions specified in this
RFP.
X
In order for any exceptions and/or assumptions to be considered they MUST be documented in detail in
the tables below. The State will not accept additional exceptions and/or assumptions if submitted after the
proposal submission deadline. Vendors must be specific. Nonspecific exceptions or assumptions may
not be considered. If the exception or assumption requires a change in the terms or wording of the
contract, the scope of work, or any incorporated documents, vendors must provide the specific language
that is being proposed in the tables below.
Sprint Solutions, Inc.
Company Name
Signature
March 22, 2011
Paget Alves, President, Business Markets Group
Print Name
Date
*Please see the page following this form and specific responses, exceptions, assumptions and clarifications to the RFP
provisions as set forth in Sprint's proposal.
Vendors MUST use the following format. Attach additional sheets if necessary.
EXCEPTION SUMMARY FORM
RFP SECTION
NUMBER
RFP PAGE
NUMBER
EXCEPTION
(Complete detail regarding exceptions must be identified)
Please see page following this form.
ASSUMPTION SUMMARY FORM
RFP SECTION
NUMBER
RFP PAGE
NUMBER
ASSUMPTION
(Complete detail regarding assumptions must be identified)
Please see page following this form.
This document must be submitted in Tab V of vendor’s technical proposal
Wireless Services, Accessories and Equipment
RFP No. 1907
Page 41 of 52
Western States Contracting Alliance
To the extent Sprint has clarified or taken exception to a RFP term or proposed additional terms not
addressed in the RFP, such comments have been included only after careful consideration of the
RFP requirements, Sprint’s corporate policies, and applicable law. Sprint has made a good faith
effort to respond to all RFP terms and requirements to the best of its ability and knowledge. The
absence of a response in relations to a particular provision indicates our acceptance of that
provision as it appears in the RFP. If Sprint is awarded the contract, Sprint will negotiate in good
faith to execute a definitive agreement for the products and services contemplated by the RFP that
will incorporate elements of the RFP, Sprint’s RFP responses, and any additional commercially
reasonable terms and conditions negotiated by the parties.
EXCEPTION SUMMARY FORM
RFP Section
Number
2
RFP Page
Number
5
2
6
2
6
2
6
2
6
2
8
Exception
(Complete detail regarding exceptions must be provided)
CL Account: Sprint respectfully takes exception to the definition of “CL
Account”. Sprint proposes the following revised definition in its place: CL
Accounts are accounts activated by Customer for Customer’s end use, (b)
enrolled in a wireless service plan intended for business customers, and (c)
for which Customer is financially liable.
Coverage: Sprint respectfully proposes the following clarification to this
definition:
Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in
any specific area at any specific time. Coverage shown on the coverage maps is
a general prediction of outdoor coverage, and does not guarantee that coverage
will be available at all covered geographic areas at all times. Wireless coverage
is impacted by, among other things, terrain, weather, antenna location, system
modification, foliage and man-made structures (such as buildings), and
therefore cannot be predicted precisely at all times.
Customer: Sprint has read and understands, and respectfully proposes the
following clarification to this definition:
“Customer” Department, Division or Agency of the State of Nevada,
participating NASPO/WSCA states, and authorized local entities, including
Eligible Non-Profit Entities. The terms “Customer” and “Participating
Entity” shall be interchangeable in this RFP.
Equipment: Sprint respectfully takes exception to this definition as being overly
broad and proposes the following alternative:
Equipment includes
equipment, hardware, software, cabling or other materials sold or leased to
Customer by or through Contractor as a separate item from, or bundled
with, a service.
IL Account: Sprint respectfully takes exception to the definition of “IL
Account”. Sprint proposes the following revised definition in its place: IL
Accounts are accounts activated by an employee of Customer and for
which the employee is financially responsible.
Subcontractor: Sprint respectfully proposes the following additional
clarifications regarding this definition: As additional clarification, Sprint does
not consider local exchange carriers to be Sprint subcontractors and will not be
responsible for the actions or inactions of access providers. In addition, Sprint
does not consider the State’s/Customer’s subcontractor requirements set forth in
the RFP or any resulting contract to be applicable to any agreements,
subcontracts or other business arrangements between Sprint and its Affiliates,
roaming partners, suppliers, subcontractors or any third-parties relating to the
provision of any Products or Services purchased or used by the State/Customer
(collectively, “General Supply & Support Agreements”) where such General
Page 5
Western States Contracting Alliance
3.1.2
9
Supply and Support Agreements were entered into for the purpose of providing
Products and Services to Sprint customers generally (as opposed to specifically
for the State).
Sprint respectfully takes exception to the definition of “Wireless Spend” as
being overly broad and inclusive of items not customarily considered in the
wireless industry to be part of this type of calculation. Sprint proposes the
following revised terms and definitions in its place:
‐ “Total Wireless Spend” The total dollar value of wireless services,
data and Equipment as invoiced by Contractor that are either (a)
paid by Customer on Customer’s CL Accounts; or (b) paid by end
user employees pursuant to IL Accounts in the Customer’s
employee program. Total Wireless Spend does not include
amounts invoiced by Contractor for: (i) taxes; and (ii) additional
regulatory fees, administrative charges; and charges, fees or
surcharges for the costs Sprint incurs in complying with
governmental programs; and (iii) credits and refunds.
In
addition, Total Wireless Spend will be calculated after all
discounts are taken into account and shall not include monthly
recurring charges or other charges which are not actually paid by
Customers or end users. The Total Wireless Spend calculation will
not include CL Accounts or IL Accounts that are in default for
non-payment.
‐
“CL Wireless Spend” The total dollar value of wireless services,
data and Equipment as invoiced by Contractor that are paid by
Customer on Customer’s CL Accounts. CL Wireless Spend does
not include amounts invoiced by Contractor for: (i) taxes; and (ii)
additional regulatory fees, administrative charges; and charges,
fees or surcharges for the costs Sprint incurs in complying with
governmental programs; and (iii) credits and refunds.
In
addition, CL Wireless Spend will be calculated after all discounts
are taken into account and shall not include monthly recurring
charges or other charges which are not actually paid by Customers
or end users. The CL Wireless Spend calculation will not include
CL Accounts that are in default for non-payment.
‐
3.2.1-3.2.2
10
“IL Wireless Spend” The total dollar value of wireless services,
data and Equipment as invoiced by Contractor that are paid by
end user employees pursuant to IL Accounts in the Customer’s
employee program. IL Wireless Spend does not include amounts
invoiced by Contractor for: (i) taxes; and (ii) additional regulatory
fees, administrative charges; and charges, fees or surcharges for
the costs Sprint incurs in complying with governmental programs;
and (iii) credits and refunds. In addition, IL Wireless Spend will
be calculated after all discounts are taken into account and shall
not include monthly recurring charges or other charges which are
not actually paid by end users. The IL Wireless Spend calculation
will not include IL Accounts that are in default for non-payment.
Sprint respectfully takes exception to these provisions to the extent it requires
Sprint to provide Most Favored Customer pricing.
Sprint recognizes
State’s/Customer’s buying power and strives to provide the most competitive
pricing available. However, offering true most favored customer pricing
presents several challenges for Sprint: (i) as a common carrier, Sprint is
prohibited by law from unreasonably discriminating between similarly situated
customers; (ii) offering such pricing may trigger provisions in other Sprint
Page 6
Western States Contracting Alliance
3.2.3
10
agreements compelling Sprint to provide credits or rebates to other customers or
categories of customers, which may not be commercially feasible, thereby
placing Sprint in breach or default; and (iii) providing most favored customer
pricing is against Sprint corporate policy. Sprint will continue to offer highly
competitive pricing and discounts for its services in a manner in which the
prices Sprint charges its customers for the same services are not unreasonably
dissimilar for similarly situated customers with like traffic patterns, volumes,
commitment levels and the like.
Sprint respectfully takes exception to the eligibility and methodology of
administrative fees for WSCA and non-WSCA States, and Sprint proposes the
following alternative structure:
3.2.3.1 The Contractor(s) shall report contract utilization and pay an
administrative fee of 1/10th of 1% (one-tenth of one percent) of the
Ttotal Wwireless Sspend to WSCA (“WSCA Admin Fee”), paid
quarterly. The WSCA directors approved the level of the WSCA
administration fee, and the fee is not negotiable. The WSCA
administrative fee is to be paid quarterly within 60 days of the end of the
quarter (See Attachment G for Reporting Schedule). If Contractor
overpays the WSCA admin fee for any quarter, then Contractor
shall be permitted to reduce any future WSCA admin fee payments
by the incorrect amount. Contractor’s obligation to pay the WSCA
administrative fee terminates upon the expiration or earlier
termination of the WSCA Agreement.
3.2.3.2 In addition to the WSCA administrative fee, some WSCA and nonWSCA states may require that a fee (“State Admin Fee”) be paid
directly to the state on a percentage of CL Wireless Spend purchases
made by procuring entities within that state pursuant to such state’s
Participating Addendum. Any such State Admin Fee shall be
related to a State’s administrative expenses in administering the
Participating Addendum and shall not be deemed a discount or
rebate. For all such requests, the percentage fee level (which in no
event shall exceed 1% of CL Wireless Spend), payment method and
schedule for such reports and payments shall be incorporated in a
Participating Addendum that is made a part of the contracts. The
Contractor(s) may reduce adjust the CL service discounts SES
pricing accordingly by the State Admin Fee percentage for purchases
made by procuring agencies within the jurisdiction of the state. Any
such CL service discount price reduction adjustment shall not exceed
the State Admin Fee percentage dollar value of the additional fee. If
Contractor overpays the State Admin Fee for any quarter, then
Contractor shall be permitted to reduce any future State Admin Fee
payments by the incorrect amount. Contractor’s obligation to pay a
State Admin Fee terminates if: (1) the Participating Addendum has
expired; or (2) the Participating Addendum has been terminated
(before expiration) by either party. All such agreements shall have no
effect whatsoever on the WSCA fee or on the prices paid by the
procuring agencies outside the jurisdiction of the state requesting the
additional fee.
3.2.3.3 At Contractor’s discretion, administrative fees may be permitted
for participating government entities/government Customers that
are not States (“Local Government Admin Fee”) that sign a
Participating Addendum, subject to the requirements of this Section
3.1.2, on a percentage of CL Wireless Spend made by procuring
Page 7
Western States Contracting Alliance
3.2.4
10
3.2.5
10
3.2.7
11
entities within that local government entity’s jurisdiction pursuant
to such local government entity’s Participating Addendum. Any
such Local Government Admin Fee shall be related to a local
government entity’s administrative expenses in administering the
Participating Addendum and shall not be deemed a discount or
rebate. For all such requests, the fee level percentage (which in no
event shall exceed 1% of CL Wireless Spend), payment method and
schedule for such reports and payments shall be incorporated in a
Participating Addendum. The Contractor(s) may reduceadjust the
CL service discountsSES pricing accordingly by the State Admin
Fee percentage for purchases made by procuring agencies within
the jurisdiction of the Local Government entity. Any such CL
service discountprice reductionadjustment shall not exceed the
Local Government Admin Fee percentagedollar value of the
additional fee. If Contractor overpays the Local Government
Admin Fee for any quarter, then Contractor shall be permitted to
reduce any future Local Government Admin Fee payments by the
incorrect amount. Contractor’s obligation to pay a Local
Government Admin Fee terminates if: (1) the Participating
Addendum has expired; or (2) the Participating Addendum has
been terminated (before expiration) by either party. All such
agreements shall have no effect whatsoever on the WSCA fee or on
the prices paid by the procuring agencies outside the jurisdiction of
the state requesting the additional fee.
Sprint respectfully takes exception to the term “rebated” and requests that it be
deleted and replaced with the word “paid.” The administration fees are not
discounts or rebates.
Sprint respectfully takes exception to the last sentence of this provision and,
based on Sprint’s proposed edits/clarifications to Section 3.2.3, proposes the
following revised language:
“IL Wireless Spend will be subject to reporting requirements and to the
required WSCA administrative fee of one tenth (1/10) of one percent, and
will be reported as outlined in this RFP.”
Sprint has read, understands and will comply, subject to the following
clarifications:
- Contractor agrees that the relevant books, records (written, electronic,
computer related or otherwise), including, without limitation, relevant
accounting procedures and practices of Contractor or its subcontractors,
financial statements and supporting documentation, and documentation
related to the work product shall be subject, during Contractor’s normal
business hours, to inspection, examination, review, audit, and copying at
any office or location of Contractor where such records may be found,
upon reasonable prior written notice by WSCA, the United States
Government, the State Auditor or its contracted examiners, the
Department of Administration, Budget Division, the Nevada State Attorney
General's Office or its Fraud Control Units, the State Legislative Auditor,
and with regard to any federal funding, the relevant federal agency, the
Comptroller General, the General Accounting Office, the Office of the
Inspector General, or any of their authorized representatives (collectively,
“Auditors”). All subcontracts shall reflect requirements of this paragraph.
Further, due to the highly sensitive and proprietary nature of Contractor’s
records, any third party auditor acting on behalf of one or more of the
Auditors shall be subject to prior approval by Contractor and may be
required at Contractor’s sole discretion to execute Contractor’s standard
non-disclosure agreement prior to examining, inspecting, copying or
Page 8
Western States Contracting Alliance
3.3.4
3.3.5,
3.3.7
12
3.3.6,
12
3.5.1
12
3.5.6-3.5.12
13
auditing Contractor’s records. Lead State and Participating Entities may
request an audit once during every contract year.
Sprint respectfully proposes the following clarifications regarding additional,
modified or custom reporting requests or formats:
- Sprint requests 60 day notification of any format changes to reporting that has
been previously agreed upon with State/Customer. Sprint reserves the right to
not deliver retroactive reporting in formats later agreed upon by Sprint and the
State/Customer. Notwithstanding anything in the RFP or Sprint’s Proposal to
the contrary, Sprint shall not be obligated to provide any custom reports that
Sprint determines in its discretion are impractical or unduly burdensome to
Sprint from an operational, financial or system limitation basis.
Sprint can provide equipment purchase summaries to specific entities. Fields,
such as “Order Number”, “Customer PO Number”, “Order Type”, and “PO
Date” may not be available at the account level, as we have thousands of
WSCA member accounts. Not all eligible entities have the same fields
populated on their invoices due to system limitations of eligible entities and/or
internal procedures of the respective parties.
The following fields require further clarification as to what information is
required before we can provide feedback on their availability at the PA level
and account level: “UNSPSC Commodity”, “VAR/Reseller/Distributor
NAME”, and “Recycling”.
The following fields are only available at the PA level: “CRU Minutes”, “CRU
Lines”, “CRU Gross Sales”, “IRU Minutes”, and “IRU Lines”.
Each Member’s Sprint Account Team will work with them to identify any
requested changes from the current reporting we currently provide them today
or new reporting needed for new members.
Sprint respectfully proposes the following clarifications regarding additional,
modified or custom reporting requests or formats:
- Sprint requests 60 day notification of any format changes to reporting that has
been previously agreed upon with State/Customer. Sprint reserves the right to
not deliver retroactive reporting in formats later agreed upon by Sprint and the
State/Customer. Notwithstanding anything in the RFP or Sprint’s Proposal to
the contrary, Sprint shall not be obligated to provide any custom reports that
Sprint determines in its discretion are impractical or unduly burdensome to
Sprint from an operational, financial or system limitation basis.
Sprint respectfully takes exception to this requirement to the extent it requires
Sprint to provide Most Favored Customer pricing. Sprint has offered pricing
that it believes meets State’s/Customer's requirements; however, Sprint does not
offer Most Favored Customer clauses in its contracts. Sprint believes its
response is competitive now and will be for the term of any contract resulting
from this proposal. Sprint will continue to offer highly competitive pricing and
discounts for its services in a manner in which the prices Sprint charges its
customers for the same services are not unreasonably dissimilar for similarly
situated customers with like traffic patterns, volumes, commitment levels and
the like.
Sprint respectfully proposes the following clarification relating to coverage:
Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in
any specific area at any specific time. Coverage shown on the coverage maps is
a general prediction of outdoor coverage, and does not guarantee that coverage
will be available at all covered geographic areas at all times. Wireless coverage
is impacted by, among other things, terrain, weather, antenna location, system
modification, foliage and man-made structures (such as buildings), and
therefore cannot be predicted precisely at all times. Any custom in-building or
on-campus coverage solutions provided by our Custom Network Solutions
Page 9
Western States Contracting Alliance
3.5.11
13
3.5.15
14
3.5.17
14
4.1.6
19
4.1.7
20
6.1
22
(CNS) group will require a separate agreement outside of the WSCA Master
Agreement.
Sprint respectfully takes exception to this requirement. In the event of
scheduled network maintenance, Sprint shall make commercially reasonable
efforts to notify Customer in advance of the area(s) that could be potentially
affected by such maintenance. Sprint does not guarantee that network
maintenance or other environmental conditions necessitating maintenance will
be known or are knowable in advance and, therefore, Sprint cannot guarantee
that Customer will be notified within twenty-four (24) hours of such
maintenance. Sprint shall make commercially reasonable efforts to provide
Customer with advance notification of major planned network element
maintenance.
Sprint respectfully provides the following additional clarification regarding this
Section:
Sprint, as determined in its sole discretion, may discontinue any Product or
Service. Sprint shall provide Customer with at least six (6) months prior
notice of its intention to discontinue any such Products or Services.
Sprint does not manufacture equipment and offers no warranty on any
equipment beyond the manufacturer’s warranty provided directly from the
manufacturer to the Customer upon receipt of the equipment. Sprint products
and services are provided “as is.” Sprint disclaims all express or implied
warranties and in particular disclaims all warranties of merchantability, fitness
for a particular purpose, and warranties related to equipment, material, services,
or software.
Sprint certifies, to the best of Sprint’s actual knowledge, that none of vendor’s
employees is employed by the State of Nevada any of its political subdivisions
or by any other government involved in the performance of the contractual
services resulting from this RFP. However, Sprint is a publicly traded company
with approximately 40,000 employees, and Sprint has no mechanism to
accurately or effectively track such information.
As a publicly traded company that is party to thousands of commercial,
consumer and government contracts with its customers, suppliers and
competitors, Sprint is involved in litigation, investigations and contract disputes
at all times due to the number of its customers, suppliers and competitors, and
the nature of the services it provides. Consequently, State’s request for Sprint
to compile a list or provide details regarding prior or ongoing contract failures,
contract breaches, civil or criminal litigation or investigations, ongoing or
occurring during the past six years, is an extremely arduous, burdensome and
time-consuming task, and Sprint has no mechanism to track some of the
requested information. Although Sprint is unable to provide such information,
Sprint can declare that: (i) during the past six years it has not had a termination
for default under a contract with a government entity; (ii) Sprint is not currently
suspended or debarred by any government agency nor has it been during the
past six years; and (iii) Sprint is not aware of any past or ongoing action that
would, if successful, have a material adverse impact on Sprint’s ability to
perform under the terms of the RFP. As a public corporation, Sprint is required
to fully disclose material data and relevant information that may influence
investment decisions to all investors at the same time. Sprint does not provide
detailed information on litigation except through its securities filings. Please
refer to Sprint's Annual Report on Form 10-K/A, available on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec
for
a
description of certain litigation or claims.
Sprint respectfully takes exception to this requirement and proposes the
following alternative:
- Payment for completion of a contract is normally made within thirty (30)
Page 10
Western States Contracting Alliance
10.2
33
days following the date the entire order is delivered or the date a correct
invoice is received, whichever is later. After forty-five (45) days the
Contractor may assess overdue account charges up to a maximum rate of
one (1) percent per month on the outstanding balance. Payments will be
remitted by mail. Payments may be made via a Participating State’s
“Purchasing Card.”
(a)
Invoicing.
A.
Commencement of Invoicing. Sprint may begin invoicing
Customer in full for non-recurring and recurring charges on the date the
Products or Services are installed or delivered and made available.
B.
Delays. If Sprint cannot install or make available the Product or
Service by the delivery date specified in the Order due to a Customercaused delay, Sprint may bill Customer as of the delivery date specified in
the Order, or if no date is specified, any time 30 days or more after the
Effective Date.
C.
Timing. In general, for recurring Services, Sprint bills fixed
recurring Service charges in advance and usage-based charges in arrears.
(b)
Payment Terms. Sprint will invoice Customer, and Customer will
pay Sprint, in United States dollars (USD), unless otherwise mutually
agreed in writing by the parties. Payment terms are net 30 days from the
date of invoice receipt. Invoices are deemed to have been received within 5
days of the invoice date. If Customer fails to make payment within 15 days
of receiving Sprint’s written notice of nonpayment, Sprint reserves the
right to charge a late fee (up to the maximum allowed by law) or take other
action to compel payment of past due amounts, including suspension or
termination of Service, unless prohibited by applicable law. Customer may
not offset credits owed to Customer on one account against payments due
on the same or another account without Sprint’s written consent. Sprint’s
acceptance of late or partial payments is not a waiver of its right to collect
the full amount due. Customer’s payment obligations include late charges
and third party collection costs incurred by Sprint, including but not
limited to reasonable attorneys’ fees, if Customer fails to cure its breach of
these payment terms. If Customer elects to participate in the Preferred
Pay Program, Customer will remit payment using cash, check, or
electronic funds transfer.
(c)
Disputed Charges. If Customer disputes a charge in good faith,
Customer may withhold payment of that charge if Customer (A) makes
timely payment of all undisputed charges; and (B) within 30 days of the
due date, provides Sprint with a written explanation of Customer’s reasons
for disputing the charge. Customer must cooperate with Sprint to resolve
promptly any disputed charge. If Sprint determines, in good faith, that the
disputed charge is valid, Sprint will notify Customer and, within 5 business
days of receiving notice, Customer must pay the charge or invoke the
dispute resolution process in this Agreement. If Sprint determines in good
faith, that the disputed charge is invalid, Sprint will credit Customer for
the invalid charge.
(d)
Repayment of Credits or Waived Charges. If, before the end of the
Term, Sprint terminates an Order, a Service or the Agreement due to
Customer’s material breach, or Customer terminates a Service or the
Agreement (unless due to Sprint’s material breach), Customer will repay
Sprint a pro rata portion of any credits issued or charges waived, based
upon the number of months remaining in the Term at the time of
termination.
Sprint respectfully takes exception to the requirement that the evaluation
committee be permitted to contact any current users of a vendor’s services as
this requirement is overly-broad. Sprint respectfully requests that the
Page 11
Western States Contracting Alliance
10.3
33
11.1.15
35
11.1.17
35
committee limit the right to contact Sprint’s customers to the list of reference
clients provided by Sprint in its Proposal. Sprint is a publicly traded company
and is party to thousands of commercial, consumer and government contracts
with its customers, suppliers and competitors. Sprint contracts may prohibit or
restrict disclosure of Sprint’s relationship with certain customer and may
prohibit or restrict contacts by third parties. The committee may contact any of
Sprint’s listed reference customers.
As a publicly traded company that is party to thousands of commercial,
consumer and government contracts with its customers, suppliers and
competitors, Sprint is involved in litigation, investigations and contract disputes
at all times due to the number of its customers, suppliers and competitors, and
the nature of the services it provides. Consequently, State’s request for Sprint
to compile a list or provide details regarding prior or ongoing contract failures,
contract breaches, civil or criminal litigation or investigations, ongoing or
occurring during the past six years, is an extremely arduous, burdensome and
time-consuming task, and Sprint has no mechanism to track some of the
requested information. Although Sprint is unable to provide such information,
Sprint can declare that: (i) during the past six years it has not had a termination
for default under a contract with a government entity; (ii) Sprint is not currently
suspended or debarred by any government agency nor has it been during the
past six years; and (iii) Sprint is not aware of any past or ongoing action that
would, if successful, have a material adverse impact on Sprint’s ability to
perform under the terms of the RFP. As a public corporation, Sprint is required
to fully disclose material data and relevant information that may influence
investment decisions to all investors at the same time. Sprint does not provide
detailed information on litigation except through its securities filings. Please
refer to Sprint's Annual Report on Form 10-K/A, available on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec
for
a
description of certain litigation or claims.
Sprint respectfully takes exception to the first sentence of this sentence as not
being an accurate statement regarding Sprint’s proposed discounts and pricing.
The rates and discounts identified in the pricing Schedules in Attachment BB
will remain fixed for the Term (unless stated otherwise in the applicable
Schedule or elsewhere in Sprint’s Response). Rates and discounts not fixed in
the pricing Schedules will be based on the then-current list price at the time of
purchase, less the Service Pricing Discount. The percentage discount is fixed
for the term of the Contract, but Contractor may modify the underlying rate or
list price to which the percentage discount is applied on no less than one day’s
notice. Service Pricing Discounts are subject to the terms and conditions in
Sprint’s Response and Sprint’s Additional Terms and Conditions contained the
proposed Attachment CC to the Statewide Master Service Agreement, and may
be subject to adjustment due to Administrative Fees in accordance with
Contractor’s response in Section 3.2.3 of Sprint’s Response.
Sprint respectfully takes exception to the first sentence of this Section and
proposes the following clarification: Sprint’s proposal may contain information
marked as “Sprint Proprietary and Confidential Information.”
Such
Confidential Information may include, but is not limited to, products, materials,
tools, and methodologies that are proprietary to Sprint. Such Confidential
Information may constitute “trade secrets” within the meaning of the applicable
law. The State shall protect such Confidential Information to the fullest extent
possible pursuant to such applicable law and shall not publish, duplicate, use
and disclose such Confidential information except as may be required by law.
The State shall use such Confidential Information only for the evaluation of
Sprint’s proposal and for no other purpose. All intellectual property rights in
Sprint’s proposal materials or accompanying documentation remain in and/or
Page 12
Western States Contracting Alliance
11.2
35
11.2.5
36
11.2.8
36
11.3.2.1
37
11.3.4
38
Attachment D
44
are assigned to Sprint.
We have provided our exceptions to contract terms & conditions on the page
following this under “Attachment D” on page 12.
Sprint will recognize and honor all validly and properly issued and executed tax
exemption certificates delivered by the State/Customer and will not bill the
State/Customer for any such exempted taxes. Sprint's rates and charges for
products and services do not include taxes. The State/Customer will pay all
applicable taxes for which it does not hold a valid tax exemption, including, but
not limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, State/Customer, national taxes or assessments imposed on or based
upon the provision, sale or use of products and services. Notwithstanding any
other provision of the Agreement, if the State/Customer's jurisdiction requires
the State/Customer to deduct or withhold separate taxes from any amount due to
Sprint, the State/Customer must notify Sprint in writing. Sprint will then
increase the gross amount of the State/Customer's invoice so that, after the
State/Customer's deduction or withholding for taxes, the net amount paid to
Sprint will not be less than the amount Sprint would have received but for the
deduction or withholding.
Sprint has read and understands, and respectfully proposes the following
clarification to this provision: All Participating Entities, including, but not
limited to, “Local Governments,” are intended third party beneficiaries of
any contract resulting from this RFP.
Sprint respectfully provides the following additional clarification regarding this
Section:
Sprint, as determined in its sole discretion, may discontinue any Product or
Service. Sprint shall provide Customer with at least six (6) months prior
notice of its intention to discontinue any such Products or Services.
Sprint respectfully takes exception this provision in its entirety. Inspection shall
be in accordance with the terms of the WSCA MSA Contract Form, as modified
by Sprint’s proposed exceptions.
To the extent Sprint has clarified or taken exception to a RFP term or proposed
additional terms not addressed in the RFP, such comments have been included
only after careful consideration of the RFP requirements, Sprint’s corporate
policies, and applicable law. Sprint has made a good faith effort to respond to
all RFP terms and requirements to the best of its ability and knowledge. The
absence of a response in relations to a particular provision indicates our
acceptance of that provision as it appears in the RFP. If Sprint is awarded the
contract, Sprint will negotiate in good faith to execute a definitive agreement for
the products and services contemplated by the RFP that will incorporate
elements of the RFP, Sprint’s RFP responses, and any additional commercially
reasonable terms and conditions negotiated by the parties.
Independent Contractor entity name: - Sprint’s contracting name shall be as
follows:
Sprint Solutions, Inc.,
as contracting agent for the affiliated Sprint and Nextel entities providing the
Products and Services
12502 Sunrise Valley Drive
Reston, VA 20196
Preamble/2nd paragraph Sprint respectfully proposes adding the following
sentence at the end of this section for the purpose of clarifying that in addition
to participation by political subdivisions of WSCA Participating States, Eligible
Non-Profit Entities may participate in the WSCA cooperative group contracting
Page 13
Western States Contracting Alliance
consortium. “WSCA also allows participation by Eligible Non-Profit
Entities, subject to the terms and conditions herein.”
2. DEFINITIONS. Sprint respectfully takes exception to the definition of
“Buyer” and proposes the following alternative definition:
“Buyer” means any Participating Entity (including the Lead State, any
WSCA agency or political subdivision or any Eligible Non-profit Entity
participating under this contract, either by signing a Participating
Addendum or by being an authorized purchaser under another entity’s
Participating Addendum.
Sprint also proposes the following definition of “Eligible Non-Profit Entity”:
“Eligible Non-Profit Entity(ies)” means an entity that receives funding
support through the allocation of appropriated funds, and whose primary
source of funding is not through fee-based services, that is : (i) a non-profit
private primary or secondary education entity (K-12); (ii) a non-profit
healthcare entity; or (iii) a public safety entity that provides a
governmental function or service.
Notwithstanding the foregoing,
participation by non-profit entities under a state or local government’s
Participating Addendum shall be subject to applicable state law, which
may expand or narrow (or bar completely) the use of the applicable
Participating Addendum by non-profit entities. In such situations, in the
event this definition of Eligible Non-Profit Entity conflicts with applicable
state law, the state law definition and/or eligibility standards for use of the
Participating Addendum shall control.
4. CANCELLATION OF CONTRACT; NOTICE. – Sprint respectfully
proposes clarifying this heading by inserting the words “FOR
CONVENIENCE” after the word “CONTRACT” to reflect that this
cancellation clause only applies to termination of the contract for convenience
and not terminations due to a party’s default or other contingencies, which are
addressed in Section 21 of the Contract.
4. CANCELLATION OF CONTRACT; NOTICE. – Sprint respectfully
requests that the following edits be made to this Section to clarify the parties’
respective rights, to reflect that a separate termination section (21) exists and to
add the missing Notice provision. In addition, Sprint does not agree that the
Contract can be canceled in part.
(a) Cancellation. Unless otherwise stated in the special terms and conditions,
any contract entered into as a result of the Solicitation may be canceled by
either party upon written notice sixty (60) days prior to the effective date of the
cancellation. Further, any Participating State may cancel its participation upon
thirty (30) days written notice, unless otherwise limited or stated in the special
terms and conditions of the Solicitation. Cancellation may be in whole or in
part. Any cancellation under this provision shall not effect the rights and
obligations attending orders outstanding at the time of cancellation, including
any right of any Participating EntityState to indemnification by the Contractor,
Contractor’s rights of payment for goods/services delivered and accepted, and
each party’s rights attending any warranty or default in performance in
association with any order. Cancellation of the contract due to Contractor
default shall be in accordance with Section 21 hereinmay be immediate.
(b) Notice. All notices must be in writing Notices required under this
Agreement must be submitted in writing to the party’s address for notice
listed in this Agreement or an Order and, in the case of a dispute, notices
Page 14
Western States Contracting Alliance
must also be sent to:
Sprint:
Attn: Legal Dept. – Public Sector
12502 Sunrise Valley Drive
Reston, VA 20196
Customer:
_____________________
_____________________
_____________________
_____________________
5. INCORPORATED DOCUMENTS. – Sprint respectfully requests the
addition of the words “after the Contract” be added after the word
“precedence” in order to clarify that the Contract will be first in order of
precedence.
5. INCORPORATED DOCUMENTS. – Sprint respectfully requests the
addition of the following additional Attachments to the Contract:
ATTACHMENT CC:
ATTACHMENT DD:
ANNEXES
CONTRACTOR’S ADDITIONAL TERMS
CONTRACTOR’S
PRODUCT/SERVICE
6. COMMENT TO LEAD STATE: There is no Section 6 in the Contract.
8. BID SPECIFICATIONS. – If Sprint’s Proposal is accepted by the State, it is
appropriate for Sprint’s Proposal to take precedence over the original RFP to the
extent that Sprint’s Proposal contains any clarifications, additional details or
variations from the RFP requirements. Accordingly, Sprint respectfully
proposes the following language be inserted after the end of the first sentence of
this provision: “To the extent such deviations are contained in Attachment
BB, such deviations in Attachment BB shall control in the event of a
conflict with the specifications in Attachment AA.”
9. ACCEPTANCE OR REJECTION OF BIDS, AND AWARD – Sprint
respectfully requests that this provision be deleted in its entirety as not being
applicable to the Contract. This provision is more appropriate as an RFP
requirement and ceases to be relevant once the Contract between the parties is
executed.
10. BID SAMPLES – Sprint respectfully requests that this provision be deleted
in its entirety as not being applicable to the Contract. This provision is more
appropriate as an RFP requirement and ceases to be relevant once the Contract
between the parties is executed. Terms and conditions relating to demonstration
and test Products are addressed in Attachment BB.
11. CONSIDERATION (first sentence)– Sprint respectfully takes exception to
the first sentence and requests that it be deleted in its entirety. Sprint proposes
the following alternative as a new section 11(a) and 11(b) in its place:
(a) The parties agree that Contractor will provide the services specified in
paragraph (5) at a cost to Buyers calculated as follows:
(i) 25% CL Discount: The CL Discount is a percentage discount
off the eligible monthly recurring charges (“MRCs”) charged for
CL Account Active Units (as defined in Attachment BB and
Attachment CC).
(ii) 18% IL Discount: The IL Discount is a percentage discount off
Page 15
Western States Contracting Alliance
the eligible monthly recurring charges (“MRCs”) charged for IL
Accounts (as defined in Attachment BB and Attachment CC). The
CL Discount and the IL Discount are collectively referred to as the
“Service Pricing Discounts.” IL Account eligibility shall be in
accordance with Attachment BB and CC.
(iii) How Calculated. Unless otherwise noted, Service Pricing
Discounts apply to eligible monthly recurring charges (“MRC”)
before taxes and surcharges and after application of credits, other
discounts, and rebates. Overage, usage-based, and third party
applications and services, certain business plan, add-ons, and other
charges (including certain network specific products and services),
are not eligible for Service Pricing Discounts. Service Pricing
Discounts may apply to the MRC of certain promotional rate plans
which Sprint may offer on a limited time basis, at Contractor’s
discretion. Service Pricing Discounts are subject to the terms and
conditions in Attachment BB and Attachment CC, and may be
subject to adjustment due to Administrative Fees in accordance
with Contractor’s response in Section 3.2.3 of Attachment BB.
(iv) CL Account Eligibility. Only CL Account Active Units
(defined as an active piece of wireless Product that Customer
enrolls in a Business Plan under the Contract) that are included in
Buyer’s account hierarchy with Contractor are eligible for the
Service Pricing Discounts. It may take up to 2 invoicing cycles to
move pre-existing CL Account Active Units to the same invoicing
cycle in order to start receiving the Service Pricing Discounts.
Buyer’s contractors, suppliers, and any non-government, nonauthorized agencies working with Customer are not eligible for the
Service Pricing Discounts.
(v) Wireless Device Discount. New CL Accounts are eligible for a
discount device price. The discount device is at least 39% discount
off the 1 year net price, defined as the suggested retail price less
$75.00 (“Flat Rate Price”). The devices offered with this
discounted price may change at any time in Sprint’s sole
discretion. This discounted device offer may not be available in all
sales channels.
(vi) Upgrade Terms. Existing CL Account Active Units may be
upgraded or replaced after 12 months of continuous service at the
Flat Rate Price unless otherwise noted.
(vii) Accessory Equipment. The accessory discount of 20%
applies to the national retail price for Nextel Device and Sprint
Device accessories purchased for CL Accounts under this
Agreement.
(viii) Fixed Rates. The rates and discounts identified in the pricing
Schedules in Attachment BB will remain fixed for the Term (unless
stated otherwise in the applicable Schedule or elsewhere in
Attachment BB).
(ix) Percentage Discounts. Rates and discounts not fixed in the
pricing Schedules in Attachment BB will be based on the thencurrent list price at the time of purchase, less the Service Pricing
Discount if applicable. The percentage discount is fixed for the
Term, but Contractor may modify the underlying rate or list price
to which the percentage discount is applied on no less than one
day’s notice .
b) Rate Adjustments. Contractor may impose on Buyers additional
regulatory fees, administrative charges; and charges, fees or surcharges for
Page 16
Western States Contracting Alliance
the costs Contractor incurs in complying with governmental programs.
These fees, charges or surcharges include, but are not limited to, state and
federal Carrier Universal Service Charges (“CUSC”) or Gross Receipts
surcharges. If the Federal Communications Commission (“FCC”) requires
that Contractor contribute to the Universal Service Fund (“USF”) based on
interstate revenues derived from services that Contractor in good faith has
treated as exempt, including but not limited to, information services,
Contractor will invoice Buyer the CUSC for such Services beginning on the
date established by the FCC as the date such Services became subject to
USF contributions. The amount of the fees and charges imposed may vary.
11. CONSIDERATION (2nd sentence [“Unless otherwise stated . . .”) – Sprint
respectfully takes exception to the second sentence and requests that it be
deleted in its entirety as not being applicable to the Contract. This provision is
more appropriate as an RFP requirement and ceases to be relevant once the
Contract between the parties is executed.
11. CONSIDERATION (3rd and 4th sentences) – Sprint respectfully takes
exception to these sentences to the extent it requires Sprint to provide Most
Favored Customer pricing. Sprint recognizes WSCA’s and the Buyers’ buying
power and strives to provide the most competitive pricing available. However,
offering true most favored customer pricing presents several challenges for
Sprint: (i) as a common carrier, Sprint is prohibited by law from unreasonably
discriminating between similarly situated customers; (ii) offering such pricing
may trigger provisions in other Sprint agreements compelling Sprint to provide
credits or rebates to other customers or categories of customers, which may not
be commercially feasible, thereby placing Sprint in breach or default; and (iii)
providing most favored customer pricing is against Sprint corporate policy.
Sprint will continue to offer highly competitive pricing and discounts for its
services in a manner in which the prices Sprint charges its customers for the
same services are not unreasonably dissimilar for similarly situated customers
with like traffic patterns, volumes, commitment levels and the like.
- See Sprint’s explanation of fixed rates and discounts in proposed
paragraphs 11(a) and 11(b).
11. CONSIDERATION (5th sentence [“Bid prices must remain firm . . .”) –
Sprint respectfully takes exception to the 5th sentence and requests that it be
deleted in its entirety as not adequately explaining Sprint’s discount and price
structure. See Sprint’s explanation of fixed rates and discounts in proposed
paragraphs 11(a) and 11(b and Attachment BB.
11. CONSIDERATION (6th sentence [“In the case of error . . .”) – Sprint
respectfully takes exception to the 6th sentence and requests that it be deleted in
its entirety as not adequately explaining Sprint’s discount and price structure.
See Sprint’s explanation of fixed rates and discounts in proposed paragraphs
11(a) and 11(b) and Attachment BB.
11. CONSIDERATION (9th , 10th, and 11th sentences [“Unless otherwise stated .
. . ; Bid prices must . . . ; In the case of error . . .”) – Sprint respectfully takes
exception to the 9th, 10th and 11th sentences of this section and requests that they
be deleted in their entirety as unnecessary repetitions of sentences earlier in the
paragraph. See Sprint’s explanation of fixed rates and discounts in proposed
paragraphs 11(a) and 11(b) and Attachment BB.
11. CONSIDERATION (13th sentence) - Sprint respectfully proposes the
following clarification be added to the 13th sentence: “The date from which
Page 17
Western States Contracting Alliance
early payment discount time is calculated shall be the date a correct invoice is
received or receipt of shipment, whichever is later; except that if testing is
performed, the date shall be the date of acceptance of the merchandise.” It is
Sprint’s understanding that this sentence is only intended to apply to cash
discounts based upon early payment.
13. TAXES (2nd) – Sprint respectfully proposes the following clarification to the
second sentence: Insert the words “or Buyer” after the words “Where a
Participating State . . .”
13. TAXES (3rd and 4th sentences) – Sprint respectfully takes exception to the
third and fourth sentences and requests that they be deleted in their entirety.
Taxes shall be in accordance with Sprint’s proposed language in new Sections
3(b), 3(c) and 3(d) below. NRS 361.157 and NRS 361.159 are not applicable to
the Products and Services being offered by Sprint. The performance of this
Contract does not involve use of the Lead State’ real or personal property,
therefore Sprint does not accept liability for any change in the tax exempt status
of such property.
13. TAXES (5th sentence) – Sprint respectfully proposes the following
clarifying language be added to the 5th sentence: Insert “owed to Lead State or
a Buyer that are” between the words “obligation” and “not”.
13. TAXES – Sprint respectfully proposes adding the following new paragraphs
(b), (c) and (d) at the end of this section to clarify the parties’ respective
obligations regarding taxes:
(b) Taxes Not Included. Contractor’s rates and charges for Products and
Services do not include taxes. Buyer will pay all taxes, including, but not
limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, state, or national taxes or charges imposed on, or based upon,
the provision, sale or use of Products or Services. Additional information
on the taxes, fees, charges, and surcharges collected by Contractor is posted
on
the
Rates
and
Conditions
Website
(http://www.sprint.com/ratesandconditions).
(c) Withholding Taxes. Notwithstanding any other provision of this
Agreement, if a jurisdiction in which Buyer conducts business requires
Buyer to deduct or withhold separate taxes from any amount due to
Contractor, Buyer must notify Contractor in writing. Contractor will then
increase the gross amount of Buyer’s invoice so that, after Buyer’s
deduction or withholding for taxes, the net amount paid to Contractor will
not be less than the amount Contractor would have received without the
required deduction or withholding.
(d)
Tax Exemptions and Exclusions. Contractor will recognize and
honor all validly and properly issued and executed tax exemption
certificates delivered by Buyer and statutory exemptions and will not bill
Buyer for any such exempted taxes. Buyer will not be responsible for
payment of Contractor’s direct income and employment taxes.
14. FINANCIAL OBLIGATIONS OF PARTICIPATING STATES (1st
sentence and heading) – Sprint respectfully proposes the following clarifications
to the heading and first sentence of this Section: Insert the words “and Buyers”
after the words “Participating States” in order clarify that these requirements are
applicable to all Participating Entities.
14. FINANCIAL OBLIGATIONS OF PARTICIPATING STATES (2nd
sentence) – Sprint respectfully takes exception to the second sentence and
Page 18
Western States Contracting Alliance
requests the deletion of this sentence in its entirety. This sentence is more
appropriate as an RFP requirement and ceases to be relevant once the Contract
between the parties is executed.
17. DELIVERY (1st sentence) - Sprint respectfully proposes the following
clarification to the first sentence: Delete the words “WSCA state agency or
political subdivision” and replace with word “Buyer” to clarify that this
provision is applicable to all Participating Entities.
17. DELIVERY (4th sentence) Sprint respectfully proposes the following
clarification to the fourth sentence. Delete the words “special terms and
conditions” and replace with “Attachment BB” since any minimum shipment
amounts will be set forth in Contractor’s Response. “Special terms and
conditions” is not a defined term and it is not clear what terms and conditions it
is intended to reference.
19. INSPECTIONS (2nd sentence) – Sprint respectfully takes exception to
certain language in the second sentence and requests that it be modified as
follows: “If the Buyer finds goods furnished to be incomplete or in noncompliance with bid specifications, the Buyer may reject the goods and require
Contractor to either correct them without charge or deliver them at a reduced
price which is equitable under the circumstances.” Equitable adjustment is
not an appropriate remedy for the types of goods that Sprint is providing.
Buyers have adequate remedies elsewhere under this Contract.
19. INSPECTIONS (last sentence) – Sprint respectfully takes exception to the
last sentence of this section and requests that it be deleted in its entirety. The
remedies under the Uniform Commercial Code are superseded by the terms and
conditions of this Contract and are not applicable.
20(b) Inspection & Audit - Sprint respectfully proposes the following
clarifications/modifications to this provision to make this provision consistent
with what the parties agreed to in the existing 1523 contract and to provide a
reasonable limit on the frequency of audits:
20(b) Inspection & Audit - Contractor agrees that the relevant books, records
(written, electronic, computer related or otherwise), including, without
limitation, relevant accounting procedures and practices of Contractor or its
subcontractors, financial statements and supporting documentation, and
documentation related to the work product shall be subject, during
Contractor’s normal business hoursat any reasonable time, to inspection,
examination, review, audit, and copying at any office or location of Contractor
where such records may be found, upon reasonable prior written notice with
or without notice by WSCA; the United States Government; the State Auditor
or its contracted examiners, the Department of Administration, Budget Division,
the Nevada State Attorney General's Office or its Fraud Control Units, the State
Legislative Auditor, and with regard to any federal funding, the relevant federal
agency, the Comptroller General, the General Accounting Office, the Office of
the Inspector General, or any of their authorized representatives (collectively,
“Auditors”). All subcontracts shall reflect requirements of this paragraph.
Further, due to the highly sensitive and proprietary nature of Contractor’s
records, any third party auditor acting on behalf of one or more of the
Auditors shall be subject to prior approval by Contractor and may be
required at Contractor’s sole discretion to execute Contractor’s standard
non-disclosure agreement prior to examining, inspecting, copying or
auditing Contractor’s records. Lead State may request an audit once
Page 19
Western States Contracting Alliance
during every contract year.
20(c) Period of Retention - Sprint respectfully proposes the following
clarifications/modifications to this provision in order to provide Sprint
reasonable notice of either the use of Federal funds or the existence of an audit
or litigation.
c. Period of Retention All books, records, reports, and statements relevant to
this contract must be retained a minimum four (4) years after the contract
terminates or or until all audits initiated within the four (4) years have been
completed, whichever is later, and for five (5) years if any federal funds are
used in the contract and Contractor has been provide prior written notice of
the use of such Federal funds. The retention period runs from the date of
payment for the relevant goods or services by the State, or from the date of
termination of the Contract, whichever is later. Retention time shall be
extended when Contractor has been provide written notice that an audit is
scheduled or in progress for a period reasonably necessary to complete an audit
and/or to complete any administrative and judicial litigation which may ensue.
21. CONTRACT TERMINATION. – Sprint respectfully takes exception to the
first paragraph of this section and requests that it be deleted in its entirety.
Sprint requests a specified cure period, mutual default rights and additional
detail regarding different default scenarios.
Any of the following events shall constitute cause for
WSCA to declare Contractor in default of the contract: (1)
nonperformance of contractual requirements; and/or (2) a
material breach of any term or condition of this contract. WSCA
shall issue a written notice of default providing a period in which
Contractor shall have an opportunity to cure. Time allowed for
cure shall not diminish or eliminate Contractor’s liability for
liquidated or other damages. If the default remains, after
Contractor has been provided the opportunity to cure, WSCA may
do one or more of the following: (1) exercise any remedy provided
by law; (2). terminate this contract and any related contracts or
portions thereof; (3) impose liquidated damages; and/or (4)
suspend Contractor from receiving future bid solicitations.
Sprint respectfully proposes the following alternative language which
is consistent with what the parties’ agreed to in the existing contract 1523.
a. Termination Without Cause. Any discretionary or vested right of
renewal notwithstanding, this Contract may be terminated as between
Contractor and any individual Buyer upon written notice by mutual
consent of both parties, or unilaterally by either party without cause, in
accordance with Section 4 of this Contract.
b. State Termination for Non-appropriation. The continuation of this
Contract beyond the then current contract year is subject to and
contingent upon sufficient funds being appropriated, budgeted, and
otherwise made available by the applicable State or local legislature and/or
federal sources. The Buyer may terminate this Contract as between
Contractor and such Buyer, and Contractor waives any and all claim(s) for
damages, effective immediately upon receipt of written notice (or any date
specified therein) if for any reason the Buyer’s funding from State and/or
federal sources is not appropriated or is withdrawn, limited, or impaired.
The termination right under this subparagraph (b) shall not be applicable
to any Eligible Non-Profit Participating Entities and may not be utilized by
such non-profit entities.
c. Cause Termination for Default or Breach. A default or breach may be
declared with or without termination. This Contract may be terminated by
Page 20
Western States Contracting Alliance
either party upon written notice of default or breach to the other party as
follows:
i. If Contractor fails to provide or satisfactorily perform any of
the conditions, work, deliverables, goods, or services called for by
this Contract within the time requirements specified in this
Contract or within any granted extension of those time
requirements; or
ii. If any state, county, city or federal license, authorization,
waiver, permit, qualification or certification required by statute,
ordinance, law, or regulation to be held by Contractor to provide
the goods or services required by this Contract is for any reason
denied, revoked, debarred, excluded, terminated, suspended,
lapsed, or not renewed; or
iii. If the Buyer materially breaches any material duty under this
Contract and any such breach impairs Contractor's ability to
perform; or
iv. If it is found by the Buyer that any quid pro quo or gratuities
in the form of money, services, entertainment, gifts, or otherwise
were offered or given by Contractor, or any agent or
representative of Contractor, to any officer or employee of the
State of Nevada with a view toward securing a contract or securing
favorable treatment with respect to awarding, extending,
amending, or making any determination with respect to the
performing of such contract; or
v. If it is found by the State that Contractor has failed to disclose
any material conflict of interest relative to the performance of this
Contract.
d. Time to Correct. Termination upon a declared default or breach may be
exercised only after service of formal written notice as specified in
paragraph four (4), and the subsequent failure of the defaulting party
within thirty (30) calendar days of receipt of that notice to provide
evidence, satisfactory to the aggrieved party, showing that the declared
default or breach has been corrected.
23. LIMITED LIABILITY – Sprint respectfully proposes the following
modifications and clarifications, the majority of which are consistent with
existing Contract 1523 and other recent contracts between Sprint and Lead
State. Sprint also seeks to clarify and make the language consistent with
Sprint’s current risk management policies.
23. LIMITED LIABILITY. Nevada will not waive and intends to assert
available NRS chapter 41 liability limitations in all cases. Contract liability of
both parties shall not be subject to punitive damages. Liquidated damages shall
not apply unless otherwise specified in the incorporated attachments.
Damages for any breach by the Lead State shall never exceed the amount of
funds appropriated for payment under this contract, but not yet paid to
Contractor, for the fiscal year budget in existence at the time of the breach.
Damages for any Contractor breach shall not exceed 150125% of the contract
maximum “not to exceed” value between Contractor and the applicable
individual Buyer; provided, however, that if no “not to exceed” value is
specified than Contractor’s maximum liability shall be one million dollars
($1,000,000). Contractor’s tort liability shall be limited to 100% of the
contract maximum “not to exceed” value between Contractor and the
applicable individual Buyer; provided, however, that if no “not to exceed”
value is specified than Contractor’s maximum liability shall be one million
dollars ($1,000,000). not be limited As further clarification, Contractor’s
tort liability shall not be limited as it relates to Contractor’s
Page 21
Western States Contracting Alliance
indemnification obligations under this Contract and for any damages
related to death or serious bodily injury. Notwithstanding anything in this
Contract to the contrary, and in addition to the preceding limitations
referenced above, Contractor’s liability shall be limited as follows:
i. For any claims whatsoever arising from or related to service
disruption, regardless of the causes (“Service Disruption”),
Contractor’s sole liability is limited to a credit allowance equal to
the proportionate charge to the Buyer for the period of the Service
Disruption. Service Disruptions do not include unavailability of
the Service during periods of scheduled or unscheduled network
maintenance.
ii. In no event is Contractor liable for any consequential, special,
incidental, indirect, exemplary or punitive damages, nor for lost
profits, loss of business, loss of data, loss of use, or lost savings or
increased cost of operations, sustained by a Buyer or any third
parties in connection with this contract.
24. FORCE MAJEURE – Sprint respectfully takes exception to the last
sentence of this section and requests that it be deleted. An excusable delay
(such as Force Majeure) should not be a separate basis for termination. Buyers
are adequately protected by the other termination rights in Section 21.
25. INDEMNIFICATION – Sprint respectfully proposes the following
modifications and clarifications, the majority of which are consistent with
existing Contract 1523 and other recent contracts between Sprint and Lead
State. Sprint also seeks to clarify and make the language consistent with
Sprint’s current risk management policies. In addition, the last sentence of this
Section is redundant and inconsistent with the preceding portions of the section.
25. INDEMNIFICATION. To the fullest extent permitted by law, Contractor
shall indemnify, hold harmless and defend, not excluding the State's or
applicable Buyer’s right to participate, Nevada or the applicable Buyer from
and against all third party claims for liability, claims, actions, damages,
losses, and expenses, including, without limitation, reasonable attorneys' fees
and costs, arising directly from Contractor’s performance of the Contract
and relating to personal injury, death or damage o tangible personal
property that is alleged to have resulted, in whole or in part, from the gross
negligence or willful misconduct out of any alleged negligent or willful acts
or omissions of Contractor, its officers, employees and authorized agents. The
Contractor shall release, protect, indemnify and hold WSCA and the
respective states and their officers, agencies, employees, harmless from and
against any damage, cost or liability, including reasonable attorney’s fees
for any or all injuries to persons, property or claims for money damages
arising from acts or omissions of the contractor, his employees or
subcontractors or volunteers.
26. INSURANCE – Sprint respectfully takes exception and requires the
following modifications to the insurance requirements in order to comply with
the requirements and practices of Sprint’s insurers and the requirements of
Sprint’s internal risk management policies. Sprint is not able to provide notice
of termination or non-renewal prior to the date of such occurrence. Sprint does
not maintain policies that cover Title VII actions. Sprint cannot give WSCA or
any other customer or collection of customers approval rights over deductibles
or retention amounts. There is no definition of material change in any insurance
policy form, therefore Sprint and its insurers cannot agree to give notice upon
the occurrence of such a contingency. Accordingly, Sprint requests the
Page 22
Western States Contracting Alliance
following modifications to this section:
“Until such time as the insurance is no longer required by the Lead State,
Contractor shall provide the Lead State with renewal or replacement
evidence of insurance no less than thirty (30) days before the expiration or
replacement of the required insurance.”
2)
Coverage shall be on an occurrence basis and shall be at least as broad
as ISO 1996 form CG 00 01 (or a substitute form providing equivalent
coverage); and shall cover liability arising from premises, operations,
independent contractors, completed operations, personal injury, products, civil
lawsuits, Title VII actions and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
d. Deductibles and Self-Insured Retentions: Insurance maintained by
Contractor shall apply on a first dollar basis without application of a
deductible or self insured retention unless otherwise specifically agreed to
by the Lead State or Participating States. Such approval shall not relieve
Contractor from the obligation to pay any deductible or self insured
retention. Any deductible or self-insured retention shall not exceed five
thousand dollars ($5,000.00) per occurrence, unless otherwise approved.
e. Policy Cancellation: Except for ten (10) days notice for non-payment of
premium, each insurance policy shall be endorsed to state that; without thirty
(30) days prior written notice to the Lead State, the policy shall not be canceled,
or non-renewed or coverage and /or limits reduced or materially altered,
and shall provide that notices required by this paragraph shall be sent by
certified regular mailed to the address identified on page 1 of the contract.
27. COMPLIANCE WITH LEGAL OBLIGATIONS – Sprint respectfully
requests the following clarification be inserted into the last sentence of this
provision since the cited statute is Nevada-specific: “The Lead State may setoff against consideration due any delinquent government obligation owed to the
Lead State in accordance with NRS 353C.190.”
30. ASSIGNMENT – Sprint proposes the following modifications and
clarifications, the majority of which are consistent with existing Contract 1523
and other recent contracts between Sprint and Lead State.
30. ASSIGNMENT/DELEGATION. To the extent that any assignment of any
right under this contract changes the duty of either party, increases the burden or
risk involved, impairs the chances of obtaining the performance of this contract,
attempts to operate as a novation, or includes a waiver or abrogation of any
defense to payment by State, such offending portion of the assignment shall be
void, and shall be a breach of this contract. Contractor Neither party shall not
assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities
under this contract, in whole or in part, without the prior written approval of the
other partyWSCA Contract Administrator, which consent shall not be
unreasonably withheld, conditioned or delayed; provided, however, that
Contractor may assign this contract to any parent, subsidiary or affiliate of
Contractor or to any purchaser of all or substantially of Contractor’s
assets upon written notice to the other party.
31. OWNERSHIP OF PROPRIETARY INFORMATION – Sprint respectfully
takes exception and proposes the following modifications and clarifications
based on the fact that Sprint is not creating any "works for hire" for WSCA or
the Buyers, and Sprint must retain all rights in Sprint’s (and its contractor’s)
Page 23
Western States Contracting Alliance
intellectual property utilized in contract performance. WSCA should provide a
specific listing of "works for hire" for Sprint’ review that are being created or
otherwise identify the exact intellectual property that it believes should be
transferred from Sprint to WSCA or Buyers under the Contract. Certain of
Sprint’s modifications and clarifications are also consistent with existing
Contract 1523.
31. OWNERSHIP OF PROPRIETARY INFORMATION. Any report or other
documents, histories, studies, tests, manuals, instructions, photographs,
negatives, blue prints, plans, maps, data, system designs, computer code
(which is intended to be consideration under the contract and specifically
identified as a deliverable in Attachment [__] to the Contract), or any other
documents or drawings, prepared or in the course of preparation by Contractor
(or its subcontractors) in performance of its obligations under this contract shall
be the exclusive property of WSCA and all such materials shall be delivered
into WSCA possession by Contractor upon completion, termination, or
cancellation of this contract; provided, however, that Contractor shall retain
a non-exclusive perpetual license to utilize such reports and documents for
its business purposes. Contractor shall not use, willingly allow, or cause to
have such materials used for any purpose other than performance of
Contractor's obligations under this contract without the prior written consent of
WSCA. Notwithstanding the foregoing, WSCA shall have no proprietary
interest in any materials licensed for use that are subject to patent, trademark or
copyright protection. Contractor shall retain ownership rights on any
documents prepared specifically for the any Buyer that include
Contractor’s proprietary or confidential information, which will include,
but not be limited to, invoicing and records. All intellectual property rights
in the Products and Services remain in and/or are assigned to Contractor.
In no event shall Contractor be precluded from developing for itself, or for
others, products, services or materials that are competitive with, or similar
to, the Products and Services provided under this Contract. In addition,
Contractor shall be free to use its general knowledge, skills and experience,
and any ideas, concepts, know-how and techniques within the scope of its
business practices that are used in the course of providing the Products and
Services to the Customer.
32. PATENTS, COPYRIGHTS, ETC. – Sprint proposes the following
modifications and clarifications, which are generally consistent with existing
Contract 1523 between Sprint and Lead State and required by Sprint’s current
risk management policies.
32. PATENTS, COPYRIGHTS, ETC. The Contractor shall release, indemnify
and defendhold WSCA, the State, and Participating States and their officers,
agents and employees against third party claims enforceable in the United
States alleging that Services as provided infringe any third party United
States patent or copyright or contain misappropriated third party trade
secrets. Contractor’s obligations under this section will not apply to the
extent that the infringement or violation is caused by (i) functional or other
specifications that were provided by or requested by the applicable
indemnified party; or (ii) the indemnified party’s continued use of
infringing Services after Contractor provides reasonable notice to the
indemnified party of the infringement. For any third party claim that
Contractor receives, or to minimize the potential for a claim, Contractor
may, at its option and expense, either: (A) procure the right for
indemnified party to continue using the Services; (B) replace or modify the
Services with comparable Services; or (C) terminate the Services. The
Page 24
Western States Contracting Alliance
provisions of this Section state the entire liability and obligations of
Contractor and any of its affiliates or licensors, and the exclusive remedy of
the indemnified parties, with respect to any actual or alleged infringement
in whole or in part, of any patent, copyright, trade secret, trademark or
other intellectual property right by the Services. harmless from liability of
any kind or nature, including the Contractor’s use of any copyrighted or
un-copyrighted composition, secret process, patented or unpatented
invention, article or appliance furnished or used in the performance of this
contract.
34. CONFIDENTIALITY. – Sprint respectfully proposes the following
clarifications and modifications, which are generally accepted exceptions to the
definition of confidential information.
34. CONFIDENTIALITY. Contractor shall keep confidential all information,
in whatever form, produced, prepared, observed or received by Contractor to the
extent that such information is confidential by law or otherwise required by
this contract. otherwise designated in writing as such. The foregoing
restrictions on use and disclosure of confidential information do not apply
to information that: (a) is in the possession of Contractor at the time of its
disclosure and is not otherwise subject to obligations of confidentiality; (b)
is or becomes publicly known, through no wrongful act or omission of the
Contractor; (c) is received without restriction from a third party free to
disclose it without obligation to the disclosing party; (d) is developed
independently by the Contractor without reference to the confidential
information; or (e) is require to be disclosed by law, regulation, or court or
government order.
35. NONDISCRIMINATION. – Sprint respectfully proposes the following
typographical correction to the last sentence of this section: “Contractor must
include this provision in everyvery subcontract relating to purchases by the
States to insure that subcontractors and vendors are bound by this provision.”
39. WARRANTIES. – Sprint respectfully takes exception to these warranty
provisions and proposes the following alternative below, which is generally
consistent with existing Contract 1523 between Sprint and Lead State. Sprint is
not the manufacturer of the Equipment and is not in a position to offer its own
independent warranties on the equipment. As a provider of telecommunications
“Service”, rather than a purchased “System”, most RFP warranty requirements
do not apply. Wireless services do not perform in precisely the same manner as
non-wireless landline telephone services. Accordingly, Sprint does not
guarantee coverage in any specific area at any specific time. Coverage shown
on a coverage map is a general prediction of coverage, and does not guarantee
that coverage will be available at all covered geographic areas at all times.
Wireless coverage is impacted by, among other things, terrain, weather, antenna
location, system modification, foliage and man-made structures (such as
buildings), and therefore cannot be predicted precisely at all times.
39. WARRANTIES. Contractor does not manufacture Products and offers
no warranty on any Products beyond the manufacturer’s warranty
provided directly from the manufacturer to the Buyer upon receipt of the
Products. Except as, and then only to the extent, expressly provided in this
Contract, Products and Services are provided “as is.” Contractor disclaims
all express or implied warranties and in particular disclaims all warranties
of merchantability, fitness for a particular purpose, and warranties related
to equipment, material, services, or software.
Page 25
Western States Contracting Alliance
a. Uniform Commercial Code. The Contractor acknowledges that the
Uniform Commercial Code applies to this contract. In general, the
contractor warrants that: (a) the product will do what the salesperson
said it would do, (b) the product will live up to all specific claims that
the manufacturer makes in their advertisements, (c) the product will be
suitable for the ordinary purposes for which such product is used, (d)
the product will be suitable for any special purposes that the Buyer has
relied on the Contractor’s skill or judgment to consider.
b. General Warranty.
Contractor warrants that all services,
deliverables, and/or work product under this contract shall be
completed in a workmanlike manner consistent with standards in the
trade, profession, or industry; shall conform to or exceed the
specifications set forth in the incorporated attachments; and shall be fit
for ordinary use, of good quality, with no material defects.
c. System Compliance. Contractor warrants that any information
system application(s) shall not experience abnormally ending and/or
invalid and/or incorrect results from the application(s) in the operating
and testing of the business of the State. This warranty includes,
without limitation, century recognition, calculations that accommodate
same century and multicentury formulas and data values and date data
interface values that reflect the century.
42. POLITICAL SUBDIVISION PARTICIPATION - Sprint respectfully
proposes the follow clarifications and modifications to this section for the
purpose of clarifying that in addition to participation by political subdivisions of
WSCA Participating States, eligible political subdivisions and Eligible NonProfit Entities may sign their own Participating Addendums.
42. POLITICAL SUBDIVISION PARTICIPATION. Participation under this
contract by eligible Buyers (including, but not limited to, political
subdivisions (i.e., colleges, school districts, counties, cites, etc.,) of the WSCA
Participating States)) shall be voluntarily determined by the political
subdivision. The Contractor agrees to supply the political subdivisions based
upon the same terms, conditions and prices.
This Contract is entered into by the Lead State on its own behalf and at
the request of and for the benefit of: (i) WSCA; (ii) the Participating
State(s); and (iii) all other eligible entities, including, but not limited to,
Eligible Non-Profit Entities that qualify as “Buyers” under this
Contract, whether by executing a Participating Addendum or by
purchasing under another Buyer’s existing Participating Addendum
where authorized to do so.
Each of the entities above is referred to herein individual as an
"Participating Entity” or collectively as the “Participating Entities.”
44. GOVERNING LAW; JURISDICTION. - Sprint respectfully proposes the
follow clarifications and modifications to this section for the purpose of
clarifying that in addition to participation by political subdivisions of WSCA
Participating States, eligible political subdivisions and Eligible Non-Profit
Entities may sign their own Participating Addendums.
44. GOVERNING LAW; JURISDICTION. This contract and the rights and
obligations of the parties hereto shall be governed and construed in accordance
with the laws of the state of Nevada, without giving effect to any principle of
conflict-of-law that would require the application of the law of any other
Page 26
Western States Contracting Alliance
Attachment I
49
Attachment J
50
Attachment K
51
jurisdiction. The parties consent to the exclusive jurisdiction of the First Judicial
District Court, Carson City, Nevada for enforcement of this contract. The
construction and effect of any Participating Addendum or order against the
contract(s) shall be governed by and construed in accordance with the laws of
the Participating State or the laws of the State in which the applicable
Participating Entity is located if such entity is not a State. Venue for any
claim, dispute or action concerning an order placed against the contract(s) or the
effect of a Participating Addendum or shall be in the Purchasing State or in the
State in which the applicable Participating Entity is located if such entity is
not a State.
Sprint has read and understands that additional states and eligible participating
entities may be added with the consent of the Contractor through execution of a
Participating Addendum. It is Sprint’s understanding that Attachment I –
Model Participating Addendum is an optional use, sample template and that
Contractor may in its discretion develop a unique Contractor Participating
Addendum template.
Sprint respectfully takes exception to the statement in the third sentence of the
Attachment J cover page to the extent it requires the Lead State’s consent or
approval of individual Participating Addendums signed between Contractor and
other eligible entities. The Lead State’s consent or approval of individual
Participating Addendums is neither necessary nor practical given the expected
high volume of Participating Addendum’s to be executed. Accordingly, the
words “and Lead State” should be deleted from this sentence.
In addition, Sprint requests that it be clarified that additional states “and other
eligible participating entities” may be added with the consent of the Contractor
through execution of a Participating Addendum.
Finally, Sprint also would like to clarify that the numerous local government
entities currently participate in the current contract through individual
Participating Addendums and that the list of current states should not be
considered an inclusive list of all currently participating entities that have
signed Participating Addendums.
To the extent Sprint has clarified or taken exception to a term in the
Participating Addendum or proposed additional State terms and conditions, such
comments have been included only after careful consideration of the WSCA
1907 RFP requirements, Sprint’s corporate policies, and applicable law. The
absence of a response in relations to a particular provision indicates our present
acceptance of that provision as it appears in the States Unique Terms and
Conditions section of WSCA 1907 RFP; provided, however, that as noted in
Amendment No. 2 to the RFP, there may be a significant time lag between the
WSCA RFP 1907 due date and the date that Sprint and the individual
participating states begin discussing the terms of the new Participating
Addendums. In addition, Sprint’ acceptance or rejection of certain proposed
State-specific terms and conditions may be conditioned upon the ultimate
outcome of Sprint’s negotiations with WSCA of the proposed WSCA Statewide
Master Service Agreement For Services of Independent Contractor, as modified
by Sprint’s Response (“Proposed WSCA MSA”). Accordingly, Sprint reserves
the right to raise additional exceptions in its negotiations with individual
Participating States based on intervening circumstances. Sprint has made a
good faith effort to respond to all the States Unique Terms and Conditions to the
best of its ability and present knowledge. If Sprint is awarded the WSCA
contract, Sprint will negotiate in good faith to execute a definitive Participating
Addendum with each of the Participating States for the products and services
contemplated by the WSCA 1907 RFP that will incorporate elements of the
WSCA 1907 RFP, Sprint’s RFP responses, the Proposed WSCA MSA, and any
additional commercially reasonable terms and conditions negotiated by the
Page 27
Western States Contracting Alliance
parties.
STATE OF MONTANA
ACCESS AND RETENTION OF RECORDS: - Sprint’s access policies and
retention of billing records shall be in accordance with State law, subject to the
terms and conditions of the Proposed WSCA MSA, which Sprint believes
adequately addresses the State’s requirements.
ASSIGNMENT, TRANSFER AND SUBCONTRACTING: - Assignment,
Transfer and Subcontracting shall be in accordance with the Proposed WSCA
MSA. Accordingly, Sprint respectfully takes exception to this requirement.
CONTRACT TERMINATION: Reduction of Funding. – Sprint has read,
understands and will comply, subject to the notice requirements of the Proposed
WSCA MSA.
STATE OF OREGON
1. Scope:
(1st bullet) – Sprint respectfully takes exception to this requirement. Sprint
offers priority service plans/programs to certain public safety customers, which
the State may elect to participate in. In addition, Federal law may in certain
circumstances require that priority be given to certain Federal agencies.
(3rd Bullet) – Sprint respectfully takes exception to this requirement due to the
intent of the requirement not being clear. Sprint is willing to discuss and attempt
to address the State’s concerns on this issue once Sprint receives additional
clarification from the State.
5. Subcontractors:
- Subcontracting is addressed in the Proposed WSCA MSA. Accordingly,
Sprint respectfully takes exception to this requirement. Sprint is willing to
discuss and attempt to address the State’s concerns on this issue once Sprint
receives additional clarification from the State regarding the State’s definition
of subcontractors and requirements related to subcontractors under the
Participating Addendum.
-– Since Sprint agrees that it will assume all responsibility for its
subcontractors, Sprint does not agree with State’s right to approve or reject
Sprint subcontractors or subcontractor personnel, nor does Sprint agree to
provide details of the terms and conditions of the agreement between it and
subcontractors. As prime vendor, Sprint is responsible for overall service
performance and requires the ability to manage its subcontractors as necessary
to fulfill the overall service performance if and when a subcontractor is
required.
- As additional clarification, Sprint does not consider local exchange carriers to
be Sprint subcontractors and will not be responsible for the actions or inactions
of access providers. In addition, Sprint does not consider the State’s
subcontractor approval rights or other subcontractor requirements set forth in an
RFP or any resulting contract to be applicable to any agreements, subcontracts
or other business arrangements between Sprint and its Affiliates, roaming
partners, suppliers, subcontractors or any third-parties relating to the provision
of any Products or Services purchased or used by the State (collectively,
“General Supply & Support Agreements”) where such General Supply and
Support Agreements were entered into for the purpose of providing Products
and Services to Sprint customers generally (as opposed to specifically for the
State).
Page 28
Western States Contracting Alliance
8. Order of Precedence:
- Sprint respectfully takes exception to this provision. Sprint requires that the
Proposed WSCA MSA be first in the contract order of precedence.
- Sprint respectfully takes exception to the Paragraph (b) of this section and
requests that it be deleted as not necessary and potentially confusing as to the
future interpretation of the Participating Addendum and Proposed WSCA MSA.
9. Vendor Collected Administration Fee: _____ % - Sprint is unable to agree
or take exception to this requirement without knowing the proposed amount of
the Vendor Administration Fee. Any Vendor Administrative Fee shall be
calculated in accordance with the methodology in the Proposed WSCA MSA,
and shall be subject to the terms and conditions of the Proposed WSCA MSA.
OREGON EXHIBIT No. 1
Participating State Modifications or Additions to Master Agreement No.
_______
2.3 Verification of Purchasing Entities. – Sprint has read, understands and
will comply, subject to the following: Contractor’s verification obligations are
limited to confirming eligibility of Purchasing Entities against the specified
websites. Contractor shall not be liable to State or deemed in breach of the
Participating Addendum if Contractor provides Goods and Services to an
ineligible entity based on errors or omissions in the specified on-line databases.
3. Goods and Services.
- Sprint respectfully takes exception to Section 3.1 and 3.2 in their entirety and
requests that they be deleted. All warranty and service level guarantees and
standards, if any, shall be in accordance with the Proposed WSCA MSA.
- Sprint does not manufacture equipment and offers no warranty on any
equipment beyond the manufacturer’s warranty provided directly from the
manufacturer to Customer upon receipt of the equipment. Except as, and then
only to the extent, expressly provided in the Proposed WSCA MSA, Sprint
products and services are provided “as is.” Sprint disclaims all express or
implied warranties and in particular disclaims all warranties of merchantability,
fitness for a particular purpose, and warranties related to equipment, material,
services, or software.
-Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in
any specific area at any specific time. Coverage shown on a coverage map is a
general prediction of coverage, and does not guarantee that coverage will be
available at all covered geographic areas at all times. Wireless coverage is
impacted by, among other things, terrain, weather, antenna location, system
modification, foliage and man-made structures (such as buildings), and
therefore cannot be predicted precisely at all times.
Sprint’s sole liability arising from or related to Service disruption, regardless of
the cause, is limited to a credit allowance equal to the proportionate charge to
Customer for the period of the Service disruption. Service disruptions do not
include unavailability of the Service during periods of scheduled or unscheduled
network maintenance.
4. Payment Provisions. – Payment, invoices, disputes, taxes and surcharges are
addressed in the Proposed WSCA MSA. Accordingly, Sprint respectfully takes
exception to this section its entirety. Sprint is willing to discuss and attempt to
address any State invoicing specifics; provided, however, that Sprint shall not
be obligated to provide any custom invoicing that Sprint determines in its
Page 29
Western States Contracting Alliance
discretion are impractical or unduly burdensome to Sprint from an operational,
financial or system limitation basis.
6. Volume Sales Reports (VSRs) and Vendor Collected Administrative Fee
(VCAF).
6.1 Volume Sales Reports (VSRs). – Sprint respectfully takes exception to any
reporting requirements that differ from Sprint’s existing reporting to the State
under the parties’ existing Participating Addendum. Notwithstanding anything
in the State’s requirements to the contrary, Sprint shall not be obligated to
provide any custom reports that Sprint determines in its discretion are
impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis
6.2 Vendor Collected Administrative Fee (VCAF).
- Sprint has read, understands and will comply, subject to the Administrative
Fee being calculated in accordance with the methodology in the Proposed
WSCA MSA, and being subject to the terms and conditions of the Proposed
WSCA MSA. Sprint respectfully takes exception to any reporting requirements
that differ from Sprint’s existing reporting to the State under the parties’
existing Participating Addendum. Notwithstanding anything in the State’s
requirements to the contrary, Sprint shall not be obligated to provide any
custom reports that Sprint determines in its discretion are impractical or unduly
burdensome to Sprint from an operational, financial or system limitation basis
6.3 Audit. – Audits shall be in accordance with the Proposed WSCA MSA.
Accordingly, Sprint respectfully takes exception to this requirement.
7. Warranties. Warranties, if any, shall be in accordance with the Proposed
WSCA MSA. Accordingly, Sprint respectfully takes exception to these
requirements in their entirety.
8. Indemnities. Indemnities shall be in accordance with the Proposed WSCA
MSA. Accordingly, Sprint respectfully takes exception to these requirements in
their entirety.
9. Term and Termination of Participating Addendum.
9.2 Termination. – Sprint has read, understands and will comply, subject to
the applicable notice and cure requirements for termination as set forth in
Proposed WSCA MSA.
10. Termination of Individual Purchase Orders. – Sprint has read,
understands and will comply, subject to the applicable notice and cure
requirements for termination as set forth in Proposed WSCA MSA.
14. Notices. – Sprint respectfully takes exception to the use of facsimile for
official notices.
21. Access to Records. – Access to records and audits shall be in accordance
with the Proposed WSCA MSA. Accordingly, Sprint respectfully takes
exception to this requirement.
24. Insurance. / Exhibit 2 – Sprint respectfully takes general exception to the
insurance requirements since of the required boxes are checked and Sprint is not
certain whether some, all or none of the insurance requirements would apply.
- Sprint respectfully takes exception to the phrase “and that are acceptable to
Page 30
Western States Contracting Alliance
DAS SPO” in the last sentence of the first Paragraph of Exhibit 2. This is an
unreasonably vague requirement. Sprint is not able to switch insurers based on
the State’s demand. Sprint will agree that its insurers will have an A.M. Best
rating of A-, VII or better.
- ii. Professional Liability: Sprint respectfully takes exception to this
requirement. Sprint does not maintain professional liability coverage and such
coverage is not applicable to the products and services Sprint is offering to the
State.
- v. Pollution Liability: Sprint respectfully takes exception to this requirement.
Sprint does not maintain pollution liability coverage and such coverage is not
applicable to the products and services Sprint is offering to the State.
- Sprint respectfully takes exception to the “Per occurrence limit for multiple
claimants” requirements for CGL and Auto. Sprint’s CGL and Auto policies
have a $2,000,000 per occurrence limit.
- D. Notice of Cancellation or Change: Sprint respectfully takes exception to
the phrase “material change, potential exhaustion of aggregate limits or
non-renewal” due to the fact that these are not defined terms under Sprint’s
policy forms. Sprint’s insurer will only provide notice of cancellation.
Exhibit No. 3 – Taxes, Fees and Surcharges
– Sprint respectfully takes exception to this provision and proposes the
following alternative:
Sprint will recognize and honor all validly and properly issued and
executed tax exemption certificates delivered by the State and will not bill
the State for any such exempted taxes. Sprint's rates and charges for
products and services do not include taxes. The State will pay all applicable
taxes for which it does not hold a valid tax exemption, including, but not
limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, state, national taxes or assessments imposed on or based upon
the provision, sale or use of products and services. Notwithstanding any
other provision of the Agreement, if the State’s jurisdiction requires the
State to deduct or withhold separate taxes from any amount due to Sprint,
the State must notify Sprint in writing. Sprint will then increase the gross
amount of the State's invoice so that, after the State’s deduction or
withholding for taxes, the net amount paid to Sprint will not be less than
the amount Sprint would have received but for the deduction or
withholding.
STATE OF UTAH
3) Records Administration
- Access to records and audits shall be in accordance with the Proposed WSCA
MSA. Accordingly, Sprint respectfully takes exception to this requirement.
- Sprint also respectfully takes exception to the “monitoring of services”
requirement as such a requirement is not applicable to the products and services
being offered by Sprint. Sprint own and/or operate various facilities at
numerous locations nationwide to provide telecommunications services
throughout the United States. Therefore, it is unclear to Sprint what facilities
the State contemplates inspecting and/or monitoring pursuant to this provision.
Accordingly, Sprint shall comply by making its facilities available for
inspection at reasonable times in the ordinary course of business subject to the
following: (a) the State shall identify the facilities that may be subject to
inspection under the contract; (b) such inspections shall be reasonably limited in
geographic scope and shall only pertain to facilities which are directly related to
Sprint’s performance of this contract; (c) the State shall provide reasonable
prior written notice of any inspections; and (d) Sprint reserves the right to pre-
Page 31
Western States Contracting Alliance
approve and require any designees or representatives who are not employees of
the State to enter into a confidentiality agreement as a condition of access to and
inspection of such facilities.
4.1 Status Verification System: Sprint has read, understands and will comply,
subject to the following clarification:
- Sprint does not consider local exchange carriers to be Sprint subcontractors
and will not be responsible for the actions or inactions of access providers. In
addition, Sprint does not consider the State’s referenced subcontractor
requirements to be applicable to any agreements, subcontracts or other business
arrangements between Sprint and its Affiliates, roaming partners, suppliers,
subcontractors or any third-parties relating to the provision of any Products or
Services purchased or used by the State (collectively, “General Supply &
Support Agreements”) where such General Supply and Support Agreements
were entered into for the purpose of providing Products and Services to Sprint
customers generally (as opposed to specifically for the State).
7) TERMINATION: Termination shall be in accordance with the Proposed
WSCA MSA. Accordingly, Sprint respectfully takes exception to this
requirement.
9) TAXES: – Sprint respectfully takes exception to this provision and proposes
the following alternative:
Sprint will recognize and honor all validly and properly issued and executed
tax exemption certificates delivered by the State and will not bill the State
for any such exempted taxes. Sprint's rates and charges for products and
services do not include taxes. The State will pay all applicable taxes for
which it does not hold a valid tax exemption, including, but not limited to,
sales, use, gross receipts, excise, VAT, property, transaction, or other local,
state, national taxes or assessments imposed on or based upon the
provision, sale or use of products and services. Notwithstanding any other
provision of the Agreement, if the State’s jurisdiction requires the State to
deduct or withhold separate taxes from any amount due to Sprint, the State
must notify Sprint in writing. Sprint will then increase the gross amount of
the State's invoice so that, after the State’s deduction or withholding for
taxes, the net amount paid to Sprint will not be less than the amount Sprint
would have received but for the deduction or withholding.
12) REPORTS AND FEES: Sprint has read, understands and will comply,
subject to the Administrative Fee being calculated in accordance with the
methodology in the Proposed WSCA MSA, and being subject to the terms and
conditions of the Proposed WSCA MSA. Sprint respectfully takes exception to
any reporting requirements that differ from Sprint’s existing reporting to the
State under the parties’ existing Participating Addendum. Notwithstanding
anything in the State’s requirements to the contrary, Sprint shall not be
obligated to provide any custom reports that Sprint determines in its discretion
are impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis
15) PUBLIC INFORMATION: Sprint respectfully takes exception to the last
sentence of this provision. The State shall protect properly identified
confidential and proprietary information to the fullest extent possible pursuant
to such applicable law and shall not publish, duplicate, use and disclose such
information except as may be required by law.
“have ten (10) days thereafter to correct the cited reporting or record
Page 32
Western States Contracting Alliance
keeping practice deficiencies.”
- Sprint respectfully takes exception to this language and assumes it is a
typo since it does not appear to be connected to a particular provision.
19)
CONTRACTOR ACCESS TO SECURE STATE FACILITIES /
CRIMINAL CONVICTION INFORMATION / FORMER FELONS: Sprint
respectfully takes exception to this provision as not being applicable to the
Products and Services being proposed by Sprint. Sprint is not bidding on
construction, alteration, maintenance or repair services; and therefore Sprint
employees will have limited or no unescorted access to secure premises.
20) CONFIDENTIALITY – Sprint respectfully takes exception to this
language and proposes the following alternative:
Commencing on the Effective Date of the contract between the
parties and continuing for a period of three (3) years from the termination
of the contract, each party shall protect as confidential, and shall not
disclose to any third party, any Confidential Information received from the
disclosing party or otherwise discovered by the receiving party during the
Term of this contract, including but not limited to, the pricing and terms of
the contract, and any information relating to the disclosing party’s
technology, business affairs, and marketing or sales plans (collectively the
“Confidential Information”).
The parties shall use Confidential
Information only for the purpose of this contract.
Confidential
Information must be clearly identified. Written Confidential Information
must be clearly marked in a conspicuous place with an appropriate legend
identifying the information as confidential. Confidential Information that is
oral and not written must be identified as Confidential Information at the
time of disclosure and confirmed in writing delivered to Recipient within
15 days following its disclosure. The protections of this Agreement will
apply during those 15 days.
The foregoing restrictions on use and disclosure of Confidential
Information do not apply to information that: (a) is in the possession of the
receiving party at the time of its disclosure and is not otherwise subject to
obligations of confidentiality; (b) is or becomes publicly known, through no
wrongful act or omission of the receiving party; (c) is received without
restriction from a third party free to disclose it without obligation to the
disclosing party; (d) is developed independently by the receiving party
without reference to the Confidential Information; or (e) is require to be
disclosed by law, regulation, or court or government order.
21) SECURE PROTECTION AND HANDLING OF DATA Network
Security: - Sprint respectfully takes exception to these requirements as not
being applicable to the products and services being offered by Sprint. Sprint’s
network security and data protection measures meet or exceed industry
standards. Sprint is willing to negotiate in good faith regarding commercially
reasonable requirements the State may have.
22) NOTIFICATION AND DATA BREACHES – Sprint respectfully takes
exception to the indemnification requirements of this provision.
Indemnification and limitation of liability shall be in accordance with the
Proposed WSCA MSA.
STATE OF ARIZONA
Arizona provisions for WSCA Wireless Contracts (rev 3-3)
Page 33
Western States Contracting Alliance
1.1. Integration with the TEM. Sprint respectfully takes exception to this
requirement and reserves the right to determine as the time of Participating
Addendum negotiation whether its billing systems are compatible with the TEM
system.
2.2. Statewide Pooled Plans. Sprint respectfully takes exception and reserves
the right to negotiate directly with the State regarding any Pooled Plans.
2.3. Further Discounts and Volume Tiers. Sprint respectfully takes exception to
this requirement. Discounts shall be in accordance with the Proposed WSCA
MSA. Sprint also respectfully takes exception to this provision to the extent it
requires Sprint to provide Most Favored Customer pricing. Sprint recognizes
the State’s buying power and strives to provide the most competitive pricing
available. However, offering true most favored customer pricing presents
several challenges for Sprint: (i) as a common carrier, Sprint is prohibited by
law from unreasonably discriminating between similarly situated customers; (ii)
offering such pricing may trigger provisions in other Sprint agreements
compelling Sprint to provide credits or rebates to other customers or categories
of customers, which may not be commercially feasible, thereby placing Sprint
in breach or default; and (iii) providing most favored customer pricing is against
Sprint corporate policy. Sprint will continue to offer highly competitive pricing
and discounts for its services in a manner in which the prices Sprint charges its
customers for the same services are not unreasonably dissimilar for similarly
situated customers with like traffic patterns, volumes, commitment levels and
the like.
ARIZONA UNIFORM TERMS AND CONDITIONS version 8
Definition of Terms
1.2: Contract: Sprint respectfully takes exception to this definition as it does
not include the Proposed WSCA MSA, which is the basis of the Participating
Addendum. Sprint requires that the Proposed WSCA MSA be include in the
definition of contract and be first in the contract order of precedence.
1.11 Subcontract: Sprint has read, understands and will comply, subject to the
following clarification:
- Sprint does not consider local exchange carriers to be Sprint subcontractors
and will not be responsible for the actions or inactions of access providers. In
addition, Sprint does not consider the State’s referenced subcontractor
requirements to be applicable to any agreements, subcontracts or other business
arrangements between Sprint and its Affiliates, roaming partners, suppliers,
subcontractors or any third-parties relating to the provision of any Products or
Services purchased or used by the State (collectively, “General Supply &
Support Agreements”) where such General Supply and Support Agreements
were entered into for the purpose of providing Products and Services to Sprint
customers generally (as opposed to specifically for the State).
2.1: Arizona Law: - Sprint respectfully takes exception to inclusion of the
Uniform Commercial Code as being part of the applicable law governing the
contract. The Proposed WSCA MSA and the terms and conditions negotiated
between the parties shall take precedence over the UCC.
2.3: Contract Order of Precedence: Sprint respectfully takes exception to this
definition as it does not include the Proposed WSCA MSA , which is the basis
of the Participating Addendum. Sprint requires that the Proposed WSCA MSA
be include in the definition of contract and be first in the contract order of
precedence.
Page 34
Western States Contracting Alliance
3.1 Records - - Sprint’s access policies and retention of billing records shall be
in accordance with State law, subject to the terms and conditions of the
Proposed WSCA MSA, which Sprint believes adequately addresses the State’s
requirements.
3.3 Audit - Sprint’s audit policies and retention of billing records shall be in
accordance with State law, subject to the terms and conditions of the Proposed
WSCA MSA, which Sprint believes adequately addresses the State’s
requirements.
3.4 Facilities Inspection and Materials Testing
- Sprint owns and/or operates various facilities at numerous locations
nationwide to provide digital mobile wireless telecommunications services
throughout the United States. Sprint does not manufacture any equipment.
Therefore, it is unclear to Sprint what facilities the State contemplates
inspecting pursuant to this provision. Accordingly, Sprint shall comply by
making its facilities available for inspection at reasonable times in the ordinary
course of business subject to the following: (a) State shall identify the facilities
that may be subject to inspection under the contract; (b) such inspections shall
be reasonably limited in geographic scope and shall only pertain to facilities
which are directly related to Sprint’s performance of this contract; (c) State shall
provide reasonable prior written notice of any inspections; and (d) Sprint
reserves the right to pre-approve and require any designees or representatives
who are not employees of State to enter into a confidentiality agreement as a
condition of access to and inspection of such facilities.
- Sprint respectfully takes exception to the last sentence of this requirement.
The State, not Sprint, shall be responsible for the State’s costs of inspection and
testing.
3.7 Property of the State – Sprint respectfully takes exception to these
requirements as not being applicable to the products and services being offered
by Sprint.
(a) The State’s rights in the products and services provided
under this contract shall be for purposes of the State’s internal
business only (which includes use by third parties doing business with
the State, to the extent contemplated in the Proposed WSCA MSA and
any applicable RFP) during the term of the agreement. All other
intellectual property rights in the products and services remain in
and/or are assigned to Sprint. Ownership of the underlying copyright
in any such documents or materials used or created by Sprint in
performance of the contract shall remain with Sprint, Sprint’s licensor
or other third party licensor. In no event does the Customer obtain
any ownership rights in the copyright to any materials, documents,
recommendations, studies, plans, drawings, screen designs, screen
outputs, and deliverables or to any third party software embedded in
the Product and any elements of any software proprietary to Sprint.
(b) Where software is provided with a Product or Service,
Customer is granted a non-exclusive and non-transferable license or
sublicense to use the software, including any related documentation,
solely to enable Customer to use the Products and Services in
accordance with the applicable licensing requirements. Software
licensing terms and conditions of Sprint’s software vendors are
provided through click and use screens, shrink-wrap notices, physical
copies delivered at the time of Product or Service installation, or copies
posted by Sprint on its rates and conditions website
Page 35
Western States Contracting Alliance
(http://www.sprint.com/ratesandconditions). Sprint may suspend,
block or terminate Customer’s use of any software if Customer fails to
comply with any applicable licensing requirement.
(c) The parties shall cooperate with each other and execute
such documents as may be deemed reasonably necessary to achieve the
objectives of this provision. In no event shall Sprint be precluded from
developing for itself, or for others, products, services, or materials that
are competitive with, or similar to, the Products and services provided
under this contract. In addition, Sprint shall be free to use its general
knowledge, skills, and experience, and any ideas, concepts, know-how,
and techniques within the scope of its business practices that are used
in the course of providing the Products and services to the State.
3.8 Ownership of Intellectual Property – Sprint respectfully takes exception to
these requirements as not being applicable to the products and services being
offered by Sprint.
(a) The State’s rights in the products and services provided
under this contract shall be for purposes of the State’s internal
business only (which includes use by third parties doing business with
the State, to the extent contemplated in the Proposed WSCA MSA and
any applicable RFP) during the term of the agreement. All other
intellectual property rights in the products and services remain in
and/or are assigned to Sprint. Ownership of the underlying copyright
in any such documents or materials used or created by Sprint in
performance of the contract shall remain with Sprint, Sprint’s licensor
or other third party licensor. In no event does the Customer obtain
any ownership rights in the copyright to any materials, documents,
recommendations, studies, plans, drawings, screen designs, screen
outputs, and deliverables or to any third party software embedded in
the Product and any elements of any software proprietary to Sprint.
(b) Where software is provided with a Product or Service,
Customer is granted a non-exclusive and non-transferable license or
sublicense to use the software, including any related documentation,
solely to enable Customer to use the Products and Services in
accordance with the applicable licensing requirements. Software
licensing terms and conditions of Sprint’s software vendors are
provided through click and use screens, shrink-wrap notices, physical
copies delivered at the time of Product or Service installation, or copies
posted by Sprint on its rates and conditions website
(http://www.sprint.com/ratesandconditions). Sprint may suspend,
block or terminate Customer’s use of any software if Customer fails to
comply with any applicable licensing requirement.
(c) The parties shall cooperate with each other and execute
such documents as may be deemed reasonably necessary to achieve the
objectives of this provision. In no event shall Sprint be precluded from
developing for itself, or for others, products, services, or materials that
are competitive with, or similar to, the Products and services provided
under this contract. In addition, Sprint shall be free to use its general
knowledge, skills, and experience, and any ideas, concepts, know-how,
and techniques within the scope of its business practices that are used
in the course of providing the Products and services to the State.
3.12 Offshore Performance of Work Prohibited. Sprint is not in a position to
agree that all employees and subcontractors who may perform services in
support of Arizona will be located in the United States or will be U.S. citizens
or provide any certification to that effect. However, Sprint is willing to
Page 36
Western States Contracting Alliance
negotiate in good faith regarding commercially reasonable personnel security
provisions to be included in a final agreement with Arizona.
4.2 Delivery - Delivery shall be in accordance with the Proposed WSCA MSA.
Accordingly, Sprint respectfully takes exception to this requirement.
4.3 Applicable Taxes – Sprint respectfully takes exception to this provision and
proposes the following alternative:
Sprint will recognize and honor all validly and properly issued and
executed tax exemption certificates delivered by the State and will not bill
the State for any such exempted taxes. Sprint's rates and charges for
products and services do not include taxes. The State will pay all applicable
taxes for which it does not hold a valid tax exemption, including, but not
limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, state, national taxes or assessments imposed on or based upon
the provision, sale or use of products and services. Notwithstanding any
other provision of the Agreement, if the State’s jurisdiction requires the
State to deduct or withhold separate taxes from any amount due to Sprint,
the State must notify Sprint in writing. Sprint will then increase the gross
amount of the State's invoice so that, after the State’s deduction or
withholding for taxes, the net amount paid to Sprint will not be less than
the amount Sprint would have received but for the deduction or
withholding.
5.2 Subcontracts – Sprint respectfully takes exception to this provision. Since
Sprint agrees that it will assume all responsibility for its subcontractors, Sprint
does not agree with State’s right to approve or reject Sprint subcontractors or
subcontractor personnel, nor does Sprint agree to provide details of the terms
and conditions of the agreement between it and subcontractors. As prime
vendor, Sprint is responsible for overall service performance and requires the
ability to manage its subcontractors as necessary to fulfill the overall service
performance if and when a subcontractor is required.
As additional clarification, Sprint does not consider local exchange carriers to
be Sprint subcontractors and will not be responsible for the actions or inactions
of access providers. In addition, Sprint does not consider the State’s
subcontractor approval rights or other subcontractor requirements set forth in an
RFP or any resulting contract to be applicable to any agreements, subcontracts
or other business arrangements between Sprint and its Affiliates, roaming
partners, suppliers, subcontractors or any third-parties relating to the provision
of any Products or Services purchased or used by the State (collectively,
“General Supply & Support Agreements”) where such General Supply and
Support Agreements were entered into for the purpose of providing Products
and Services to Sprint customers generally (as opposed to specifically for the
State).
6. Risk and Liability – Risk and liability shall be in accordance with the
Proposed WSCA MSA. Accordingly, Sprint respectfully takes exception to
these requirements.
7. Warranties – Warranties, if any, shall be in accordance with the Proposed
WSCA MSA. Accordingly, Sprint respectfully takes exception to these
requirements.
8.2 Stop Work Order – Sprint respectfully takes exception to these requirements
as not being applicable to the products and services being offered by Sprint.
Page 37
Western States Contracting Alliance
Sprint is not proposing construction, maintenance or repair work related to State
property.
8.4 Nonconforming Tender – Sprint respectfully takes exception to this
requirement. Termination and remedies shall be in accordance with the
Proposed WSCA MSA. - Sprint also respectfully takes exception to inclusion
of the Uniform Commercial Code as being part of the applicable law governing
the contract. The Proposed WSCA MSA and the terms and conditions
negotiated between the parties shall take precedence over the UCC.
9.4 Termination for Convenience – Sprint has read, understands and will
comply, subject to the notice requirements under the Proposed WSCA MSA
relating to terminations for convenience.
Amendment
#2
9.4 Termination for Default – Termination for default, shall be in accordance
with the Proposed WSCA MSA. Accordingly, Sprint respectfully takes
exception to these requirements.
Sprint has read and understands, and respectfully proposes the following
clarification to this definition:
“Participating Entity” shall be any Department, Division or Agency of the State
of Nevada, participating NASPO/WSCA states, and authorized local entities,
including Eligible Non-Profit Entities.
The terms “Customer” and
“Participating Entity” shall be interchangeable in this RFP.
1
ASSUMPTION SUMMARY FORM
RFP Section
Number
RFP Page
Number
2
8
3.3
11
Assumption
(Complete detail regarding assumptions must be provided)
Roaming Agreement: Sprint assumes “us” is intended to be “use” in this
definition.
Sprint is currently providing reporting required by WSCA to the Lead State
of Nevada for each Participating Addendum executed by a Participating
Entity. Sprint assumes that the required reporting by WSCA will continue
to be compiled at the Participating Addendum level. Should WSCA require
reporting at the billing account level, Sprint will meet with WSCA to
discuss mutually agreed upon reporting data and formats.
Page 38
Western States Contracting Alliance
Tab VI
Section 3 Scope of Work
As requested in the RFP, we have responded to the requirements in RFP Section 3 Scope of Work
in bold/italics. The WSCA RFP requirements are provided in regular font in this section.
3.1
General Requirements
3.1.1
Vendors may choose to submit a proposal on any or all listed services and/or equipment; each
band of service and/or equipment proposed upon must be submitted as a standalone proposal,
i.e., a vendor that provides wireless voice service, broadband service, and equipment must
submit three separate proposals, each clearly identifying compliance with each service band.
A vendor proposing upon accessories/equipment/devices would submit only one proposal for
that specific band of services. Each proposal will be evaluated individually as submitted for
the specific band of services.
Sprint has read and understands. Per Amendment 2, #34, we have provided bids for each
bands of service in one proposal. We have separated Band 1, Band 2 and Band 3 into
separate tabs for easy evaluation.
3.1.2
Provide quality wireless voice services, wireless broadband services, equipment and
accessories at the lowest cost available in a timely and efficient manner.
Sprint has been providing wireless services since 1993 and has provided these services to
WSCA for over six years. We provide WSCA with aggressive service discounts, custom rate
plans unique to WSCA, deep equipment discounts and an employee purchase program. We
look forward to continuing our long standing relationship with WSCA.
Please see Attachment B1 in Tab V for Sprint’s additional exception to this requirement.
3.1.3
Provide secure online access for each participating entity representative to manage accounts
and order services/accessories/equipment. Only the participating entity representative shall be
allowed to manage accounts and service/equipment/accessory ordering. Vendor is responsible
to keep the list of participating entity representatives current.
The WSCA online catalog can be found at: www.wscawireless.com, which is managed by
our Business Solution Partner, Manage Mobility. They provide a customized eProcurement
& Asset Management website designed to help WSCA members better manage and
maximize their wireless portfolio. The portal provides real-time access to ordering, billing,
account details, user data and other key information. WSCA members benefit from
increased productivity and reduction in costs.
In addition to the WSCA portal, Manage Mobility also provides a toll free number
(877)444-WSCA for end users and Sprint personnel to use for care support and device
helpdesk services. Inquiries can also be submitted through our centralized email box
([email protected]) and a response is sent within two (2) business hours by email
or by a dedicated Account Manager. We provide full support M-F, 8am-8pm EST and 24
hour on call support for issue escalation.
Manage Mobility also has a dedicated Program Manager for WSCA to ensure proper use of
the contract. That person ensures proper funding documents are collected, approved and
electronically stored as well as correct discounts are applied before the orders are submitted
and all orders personnel is trained on proper WSCA policies. Quoting support is also given
Page 39
Western States Contracting Alliance
when needed. This person also updates process documents and makes sure all pricing and
contract details are up to date.
“Mobile Device Compliance” (MDC) support is handled at Manage Mobility’s 19,000 sq.
foot facility to ensure each device is kitted, staged and compliant with the end customers
wireless policy pack. They charge all batteries, load and test applications, prepare customer
specific labels and sponsor promotions such as free car chargers with new and upgraded
devices.
Manage Mobility provides customized Wireless Manager tools (City manager, County
Manager, State Manager, etc.) for each customer built to the specific needs of the customer
to more effectively manage their accounts and track assets. We also provide Telecom
Expense Management (TEM/WMM) services if needed to further optimize WSCA members’
cost savings.
Nationwide service delivery support is also given to help deploy large orders with ports,
swaps, phone book transfers, device set up training and user training. Manage Mobility has
a team of Business Development Managers in key Sprint markets to help support this
process.
3.1.4
Vendors must commit to participate in the Federal Communications Commission’s E- Rate
discount program established under authority of the Federal Telecommunications Commission
Act of 1996. Participation in, and implementation of this program will be provided without
the addition of any service or administration fee by the vendor. A statement of commitment is
required.
Sprint has participated in the Federal Communications Commission’s (FCC) E-Rate
program since its inception. Although Sprint provides a large menu of services within a
single wireless handset, the eligibility of each service for E-Rate funding is dependent upon
the evaluation and decision of the Schools and Libraries Division (“SLD”). The costs of
cellular, Direct Connect, messaging and wireless data services are eligible for funding but
the cost of equipment and the associated maintenance of that equipment are ineligible for
E-Rate funding. Please note a separate application is required for Wireless Data Services.
The specific technology deployed is not a factor in determining eligibility.
Customers seeking funds through the Universal Service Schools and Libraries ERate Program are subject to the Schools and Libraries Funding Programs Annex
posted
on
Sprint’s
Rates
and
Conditions
website
at
http://www.sprint.com/ratesandconditions.
3.1.5
Use of these contracts is permissive.
Sprint has read and understands.
3.2
Administration of Contract(s)
The following requirements apply to all contracts awarded as a result of this solicitation, regardless of
whether a proposing vendor is awarded any one or all listed services and/or equipment.
Sprint has read and understands.
3.2.1
Meet with lead States’ Purchasing Department representative on a semi-annual basis (once
every six months) to evaluate and review:
Page 40
Western States Contracting Alliance
•
Pricing/rates relative to prevailing full market pricing/promotions/solicitations;
•
Actual billed charges relative to prevailing available full market pricing;
•
Adjustments to maintain the original discount offered to the then prevailing available
full market pricing; and
•
Any other significant issue (service, billing or otherwise) that may need to be
addressed.
Your Sprint Account Team will meet with WSCA every six months to evaluate the contract,
newly available technologies and plans, and any other account issues.
Please see Attachment B1 in Tab V for Sprint’s exception to this requirement.
3.2.2
Complete the evaluation and review within twenty (20) business days. All changes/reductions
to current agreement pricing shall be formalized by an Agreement Amendment to existing
agreement. Agreement shall be retroactive to the date of the review.
It is Sprint’s understanding that Agreement amendments are only required for material
changes, as they are today. For example, a written amendment would be required for
contractual language in the Master Agreement including, but not limited to, changes in the
percentage discount offered on services, a change in the scope of products offered under the
Master Agreement and/or introduction of new technologies with additional product terms. 3.2.3
The Contractor(s) shall report contract utilization and pay an administrative fee of 1/10th of
1% (one-tenth of one percent) of the total wireless spend to WSCA, paid quarterly. The
WSCA directors approved the level of the administration fee, and the fee is not negotiable.
The administrative fee is to be paid quarterly within 60 days of the end of the quarter (See
Attachment G for Reporting Schedule). In addition to the WSCA administrative fee, some
WSCA and non-WSCA states may require that a fee be paid directly to the state on purchases
made by procuring entities within that state. For all such requests, the fee level, payment
method and schedule for such reports and payments shall be incorporated in a Participating
Addendum that is made a part of the contracts. The Contractor(s) may adjust SES pricing
accordingly for purchases made by procuring agencies within the jurisdiction of the state.
Any such price adjustment shall not exceed the dollar value of the additional fee. All such
agreements shall have no affect whatsoever on the WSCA fee or on the prices paid by the
procuring agencies outside the jurisdiction of the state requesting the additional fee.
Please see Attachment B1 in Tab V for Sprint’s exception and clarifications to this
requirement.
3.2.4
Administration fee checks will be made payable to WSCA, 3643 Solutions Center, Chicago, Il
60677-3006, and sent in accordance with quarterly reports, Attachment G. Contractor(s) will
provide a report indicating the amounts rebated to each using entity.
It is read and understood by Sprint that administration fee checks will be made payable to
WSCA, 3643 Solutions Center, Chicago, Il 60677-3006.
Please see Attachment B1 in Tab V for Sprint’s additional exception and clarification to
this requirement.
Page 41
Western States Contracting Alliance
3.2.5
Unless otherwise prohibited by provision in a participating addendum, Contractor may, at the
sole discretion of the Contractor, offer discounted wireless services and equipment, broadband
services and equipment, or accessories to employees of WSCA participating entities as
Individual Liable (IL) accounts (“employee program”), within the jurisdiction of the entity
completing the participating addendum, with the understanding that the entity completing the
participating addendum has no liability whatsoever concerning the equipment or for payment
of services. All such employees must be validated in order to participate in the employee
program, and that employees not so validated will not receive discounted wireless services and
equipment, broadband services and equipment, or accessories under this agreement.
Each IL participating in the employee program must (a) enter into, and be individually
responsible for complying with a selected service agreement including, without limitation, the
corresponding obligations to comply with all of the terms and conditions of the chosen plan,
and to pay all charges incurred under the service agreement; and (b) must follow the
activation, validation, migration, upgrade and related policies, procedures and processes
established by Contractor from time to time. Any wireless spend resulting from employee’s
purchasing under the employee program of this contract will be subject to reporting
requirements and to the required WSCA administrative fee of one tenth (1/10) of one percent,
and report these sales as outlined in this RFP.
Please see Attachment B1 in Tab V for Sprint’s exception and clarifications to this
requirement.
3.2.6
Maintain detailed records pertaining to the cost of services rendered and products delivered for
a period of three years from the date of acceptance of each purchase order.
All billing data is stored for 7 years from the invoice date. Paper invoice reprints can be
obtained for any periods within that timeframe.
3.2.7
Make records subject to billing audits either before or after payment. Assist participating
entities with detail account information required by the participating entity or auditor anytime
during the contract period.
Please see Attachment B1 in Tab V for Sprint’s clarification to this requirement.
3.3
Reporting
The following requirements apply to all contracts awarded as a result of this solicitation, regardless of
whether a proposing vendor is awarded any one or all listed services and/or equipment.
Sprint has read and understands.
3.3.1
Reporting shall be provided in the format required by WSCA (Attachment G), with hard
copies available upon request.
Sprint is currently providing reporting required by WSCA to the Lead State of Nevada for
each Participating Addendum executed by a Participating Entity. Sprint assumes that the
required reporting by WSCA will continue to be compiled at the Participating Addendum
level. Should WSCA require reporting at the billing account level, Sprint will meet with
WSCA to discuss mutually agreed upon reporting data and formats. If we are required to
provide reporting at the billing account level, some of the fields listed in Attachment G may
not be available. Fields, such as “Order Number”, “Customer PO Number”, “Order Type”,
Page 42
Western States Contracting Alliance
and “PO Date” will not be available at the account level, as we have thousands of WSCA
member accounts. Not all WSCA members have the same fields populated on their invoices.
The following fields require further clarification as to what information is required before
we can provide feedback on their availability at the PA level and account level: “UNSPSC
Commodity”, “VAR/Reseller/Distributor NAME”, and “Recycling”.
The following fields are only available at the PA level: “CRU Minutes”, “CRU Lines”,
“CRU Gross Sales”, “IRU Minutes”, and “IRU Lines”.
Your Sprint Account Team will work with WSCA to identify any requested changes from
the current reporting we provide to WSCA and discuss any mutually agreed upon changes
that may be required.
3.3.2
The following usage reports shall be submitted for the respective quarter:
3.3.2.1 Usage and purchases under the contract.
Sprint will provide the contract usage and purchasing reports on a quarterly basis.
3.3.2.2 Quarterly optimization report for each wireless/broadband service subscriber and
orders placed for accessories. The goal of the optimization reports is to ensure that
each subscriber is utilizing the most appropriate plan. This includes identifying
subscribers that may be consistently incurring overage charges, and therefore should
move to a more cost effective plan or subscribers consistently under-utilizing a plan,
and therefore should move to a lower cost plan.
Sprint’s reporting team will work with the WSCA Account Team to provide contract
information in order for the Account Team to build a quarterly optimization report.
3.3.2.3 Voice, data, and combined voice/data related reports upon request.
Sprint will provide the voice, data and combined voice/data reports upon request or
on a quarterly basis.
3.3.3
Provide equipment sales report. A quarterly summary of equipment sold. Reports are to be
submitted to the lead State in the format required by WSCA (Attachment G), with hard copies
available upon request.
Sprint will provide the equipment sales report at the PA level on a quarterly basis.
3.3.4
Individual participating entities may request specific equipment sales summaries, which shall
be provided at no cost. Reports shall include report elements as seen in Attachment G.
Sprint can provide equipment purchase summaries to specific entities. Fields, such as
“Order Number”, “Customer PO Number”, “Order Type”, and “PO Date” may not be
available at the billing account level, as we have thousands of WSCA member accounts. Not
all eligible entities have the same fields populated on their invoices due to system limitations
of eligible entities and/or internal procedures of the respective parties.
The following fields require further clarification as to what information is required before
we can provide feedback on their availability at the Participating Addendum level and
Page 43
Western States Contracting Alliance
account level:
“Recycling”.
“UNSPSC
Commodity”,
“VAR/Reseller/Distributor
NAME”,
and
The following fields are only available at the PA level: “CRU Minutes”, “CRU Lines”,
“CRU Gross Sales”, “IRU Minutes”, and “IRU Lines”.
Each WSCA Member’s Sprint Account Team will work with the WSCA Member to identify
any requested changes from the current reporting Sprint currently provides today or new
reporting needed for new WSCA members and discuss any mutually agreed upon changes
that may be required.
3.3.5
Upon request, provide reporting elements and/or management reports related to usage for
services that are available and would optimize the participating entity’s ability to assess
utilization and cost.
Each WSCA member may utilize any of our account management, billing and reporting
tools for no extra charge. Sprint Electronic Billing offers another effective way for WSCA
members to manage your corporate-sponsored lines. These value-added services provide
the information you need to track and analyze employees’ wireless usage in a convenient
electronic format. You can then format the information in ways most beneficial to your
business requirements.
There are four types of Sprint Electronic Billing:
♦ eBilling and Analysis, a web-based tool to view usage and charges.
♦ Smart CD Online, billing data in a Microsoft Access database with a front-end
Graphic User Interface.
♦ Data Direct, a “flat-file” format of billing data
♦ Electronic Data Interchange (EDI), which provides raw, static data in an 811
format.
Once you have decided Sprint Electronic Billing is appropriate for your company, the
Sprint Specialized Billing team will work with your IT department to answer any questions.
You will also receive an electronic user’s guide with a mapping tool which shows how to
work with the data.
Timely Data Delivery
All electronic billing products provide 30 days of billing data. Data is organized by fields
and can include data such as employee ID number, cost center, and business unit. Delivery
methods vary based on the product, however most are delivered electronically, through
online file pickup, or are viewable through a web page within 10 days of your last invoice
cycle or billing date of the month.
Customizable Reports
The billing data you receive can be integrated into your company’s system and organized
according to your company’s standards. For example, it can be sorted to determine total
charges by product for each subscriber. You can also generate customizable reports which
detail how your Sprint Services are being utilized.
The eight standard reports offered by our eBilling & Analysis products are:
Page 44
Western States Contracting Alliance
♦ Cost by User Name: Provides total cost for a billing period for each subscriber in
the folder. Report output is customizable.
♦ Cost by Folder: Provides total cost for a billing period for the selected folder and its
subfolders. Report output is customizable.
♦ Subscriber Summary (show all columns): Provides summary information for each
subscriber selected for the report. Information includes: name, minutes in plan,
minutes used, roaming minutes used, total cost, etc. Report output is customizable.
♦ Subscriber Summary (show only dollar columns): Provides summary information
for each subscriber selected for the report. Information is limited to general and
dollar columns only. Report output is customizable.
♦ Subscriber Summary (show only usage columns): Provides summary information
for each subscriber selected for the report. Information is limited to general and
minute/usage columns only. Report output is customizable.
♦ Summary of Account Level Charges: Provides account level charges for a selected
folder and its liable subfolders. This report is not available at any level below a
liable account.
♦ Folder Summary: Provide summarized costs for a selected folder and billing period
in a matrix format. The report includes information such as monthly recurring
charges, additional airtime charges, and roaming.
♦ Trend Report: Provides current charges for the last three months for a subscriber
or a selected folder and its subfolders. Report output is customizable.
If the WSCA member requires reports which are not included in the list of standard reports,
your administrator can export data (Tab, Comma Separated Value format) from standard
reports to Excel or Access and run reports based on specific reporting requirements. The
administrator has rights to grant different levels of access to individuals, such as Editing
Manager or Reporting Manager to help manage reporting and analysis. In addition to
standard reports, we also have ad hoc reporting capabilities.
Nine standard reports offered by our SMART CD Online web based management tool are
detailed as follows:
1.) The Remittance Slip Report allows the member to print a Remittance Slip to include with
your payment to Sprint. This is the payment mechanism of the SMART CD Online:
♦ Update the desired payment amount for each Billing Account Number (BAN) in the
“Amount Paid” section of this report.
♦ Ensure the method of payment matches the amount totaled above the “Amount
Paid” section.
♦ Submit the entire report with payment to the address specified on the report. This
report cannot be delivered to any retail store for remittance.
2.) The UAD Report View is to highlight the Shared Usage Credits, but the report also
displays current charges for each BAN. The report output is comprised of three tabs.
♦ Account Level tab: Displays Account-level charges and pooling credits
♦ DAC Level tab: Displays the Department Account Code level charges, aggregate
minutes of use for each service and pooling credits
♦ Unit Level tab: Displays Unit-level charges, aggregate minutes of use for each
service and pooling credits
Page 45
Western States Contracting Alliance
3.) The Usage by User Report lists the aggregate cellular minutes, Direct Connect minutes,
number of messages and online kilobytes of data for each user within the SMART CD
Online accrued during the current reporting period.
4.) The Invoice Summary Report by Segment details the data at either the BAN, or the
Department Account Code (DAC) level, in the same manner you would see the standard
paper invoice. The advantage of this report is that the user can export the report and
forward it to various departments for re-billing internally.
5.) The Payment Activity Report documents all the payment activity during the last
reporting period. The report references the Billing Account Number, the method of
payment, and the date of payment.
6.) The Equipment Report details any equipment charges incurred during the current
reporting period segregated by Billing Account number and Order number. The report
currently details items ordered, device technology and total amount of the entire order.
7.) The Subscriber Summary Report provides a breakdown of wireless charges at the unit
level for the current reporting period. The user can view this report by selected groupings
of subscribers, ALL/By Account/By DAC /By Unit options. The report also lists
accumulated usage for each applicable service to each unit as well as a display of minutes
and charges in and out of the rate plan. An important feature of this report is it is
exportable (as all reports listed) and can be used to perform internal billing to the
subscriber level.
8.) Charges Over/Under Report is used for group the Subscriber Summary Report for the
Specified Dollar amount. The user can specify certain dollar amount and generate a
grouping of the report including the units have “New Charges” over the specified dollar
amount or under the specified dollar amount.
9.) Call Detail Report highlights the specific Call Detail Records for each applicable call
type (cellular, dispatch, etc.) of each user within the SMART CD Online. User can generate
a call detail report by selecting the Options for all units within the SMART CD Online, only
units with in a specific BAN, by individual services as specified by PTN/UFMI/IP values for
service related call detail records or by Subscriber Number for all applicable types of usage
for a given unit. This report is provided in an easy to use format that identifies the number
that received the call, the time period of the call and applied charges for each call.
3.3.6
Be able to provide custom reports as may be requested by individual participating entities.
Describe in general, the level of sophistication and complexity, custom usage report data that
you can provide to the participating entities. Vendors should provide a sample report with
their proposal.
Sprint provides a variety of standard reports through our Specialized Billing Support group.
These reports, depending upon data sources and data availability, are either a current
snapshot of activity or activity during the most current complete billing cycle. The
following reports are available:
Page 46
Western States Contracting Alliance
♦ Account Details - Contains account details such as Business Account Number
(BAN), company name, corporate ID, root ID, root name, contact name, account
type/subtype, submarket, dealer, aging, establish date, account status, address
information, and active, inactive and suspended subscriber.
♦ Billed Adjustments - Contains billed adjustment activity details such as BAN,
subscriber name, Personal Telephone Number (PTN), IP address (IPID), Memo ID,
adjustment category, adjustment reason, amount, date, feature code, and bill cycle
per month and per year.
♦ Collection Aging Balances - Provides BAN-level collection balance information
with current, 00-day, 30-day, 60-day, 90-day, and 90-plus day buckets.
♦ Early Termination Fees - Contains a list of units with termination fees and their
reversal adjustments.
♦ Equipment and Purchase Order - Contains equipment purchase order detail at any
one of 3 levels:
o Order Level - Contains details such as order ID, purchase order, BAN,
company name, sale date, order amount, dealer.
o Order Detail Level - Contains details such as order ID, purchase order, BAN,
company name, sale date, amount, dealer, equipment type and quantity, unit
price, extended price, and taxes.
o Unit Order Detail - Contains phone model order information such as order ID,
purchase order, BAN, company name, sale date, dealer, equipment type, unit
name, phone number, Urban/Fleet/Member ID (UFMI-Direct Connect
Identifier), and Electronic Serial Numbers for CDMA devices (IMEI/SIM).
♦ Future Dated Deactivations - Contains subscriber information on units that are
future dated for deactivation.
♦ Market Penetration - Shows a breakdown of the account structure divided up by
region and corporate ID (CORP ID). The total subscribers are shown for each
region and a breakdown of each region shows the number of subscribers on each
CORP ID.
♦ Payments - Contains payment activity information such as BAN, company name,
corporate ID, root ID, root name, payment date, payment method, payment amount,
and check number for a given period.
♦ Service and Repair - Contains subscriber level details of billed services and repairs.
♦ Subscriber Information - Contains all identification aspects of the Subscriber
Details report, plus contract start/end date and length, and less rate plan.
♦ Subscriber Feature - Contains a list of current feature descriptions and feature
rates per subscriber.
♦ Subscriber Talk Group Report - Contains a list of subscribers and their talk group
by BAN.
♦ Unit Adjustment and Discount2 (UAD) - Onetime/One Month Only - A Microsoft
Excel report shows the main invoice level charges for the BAN, Department
Account Code (DAC), and subscriber. Requesting this report will give you the last
full month of data.
♦ Unit Adjustment Discount 2 - Monthly Recurring - Same as previous; however we
will schedule the report in our automated system to be sent once a month
approximately seven days after the bill cycle.
♦ Unit Activity - Contains a detail and summary level of monthly unit gross adds,
deactivations, and reactivations. This report does not contain call detail records.
Page 47
Western States Contracting Alliance
♦ Usage and Charges - Contains breakouts of usage and charges at one of three
levels: BAN usage and charges, DAC level usage and charges, or subscriber usage
and charges. You can request 12 months’ worth of usage and charges per request.
You can also choose whether you would like all levels.
♦ Adhoc/Custom - Customized reports required to meet specific reporting/customer
needs. Turnaround time for these reports are at least 10 business days.
3.3.7
Upon request, provide subscribers with usage reports which include full itemization of call
details (such as the information on the Contractor’s standard bill for consumer accounts) to
enable verification of usage including: (1) call date, call number call length, call time, and (2)
plan cost, per minute charges, overage cost, additional features charges and other fees, etc.
Sprint can provide historical billing data for the WSCA members’ accounts. Two means
are available for obtaining this data:
♦ Smart CD Online
♦ Reprints of paper invoices
If the WSCA member uses the Smart CD Online electronic billing product, complete
historical data is available in the Microsoft Access databases provided by that product. As
long as the member has maintained a copy of the database for the desired time period, you
can obtain the desired historical data from that database.
If the member does not use Smart CD Online, or if historical data is desired for a period for
which you do not have a Smart CD Online database, Sprint Customer Solutions can usually
provide invoice reprints within 7 days of the request.
All billing data is stored for 7 years from the invoice date. Paper invoice reprints can be
obtained for any periods within that timeframe.
3.4
Contract Management
The following requirements apply to all contracts awarded as a result of this solicitation, regardless of
whether a proposing vendor is awarded any one or all listed services and/or equipment.
Sprint has read and understands.
3.4.1
Assign a Contract Manager to manage the WSCA account, who shall be responsible for:
3.4.1.1 The contract’s overall performance requirements, ongoing unresolved issues, overall
customer service.
WSCA has both a Client Executive and Program Manager assigned from Sprint to
support you and your members. Gray Sigler has been Sprint’s WSCA Client
Executive since 2004. He oversees sales execution, operations and internal/external
communications.
Your Program Manager, Jamie Karakas, began supporting WSCA in May 2010.
She is responsible for overseeing operational processes of the WSCA Agreement.
She provides training on processes and procedures, internal Agreement
communications, driving individual-liable awareness and partnering with our
pricing department to keep the Agreement competitive.
Page 48
Western States Contracting Alliance
3.4.1.2 Providing any additional documentation necessary, as requested by the State for
performance audits conducted periodically to evaluate areas of service required by this
RFP (i.e. deliver, fill rate, variance reports, customer representatives)
Your Sprint Account Team will provide documentation as needed, provided it is not
deemed proprietary.
3.4.1.3 Meet with the lead State every six (6) months or as otherwise specified, to maintain
the partnership between the State and the Contractor. Meetings may involve, but not
be limited to:
•
Contractor performance;
•
Problem resolution;
•
Mandatory and custom reports; and
•
Improvement opportunities (i.e. cost savings opportunities, use of enhanced
service features, etc.
The WSCA Sprint Account Team will meet with WSCA every six months to discuss
performance, address and problems, discuss reporting and any possible areas of
improvement. We will keep WSCA abreast of any new technologies, products and
services.
Page 49
Western States Contracting Alliance
Page 50
Western States Contracting Alliance
3.5
Voice Services and Support (Band 1)
3.5.1
Provide quality wireless voice services at the lowest cost available in a timely and efficient
manner.
Sprint has been providing wireless services since 1993. At the end of the fourth quarter of
2010, Sprint served more than 49.9 million customers. Sprint provides industry-leading
mobile data services, leading prepaid brands including Virgin Mobile USA, Boost Mobile,
Common Cents Mobile, Assurance Wireless and PayLo, and instant national and
international push-to-talk capabilities. Sprint’s Global IP Network, a global Tier 1 Internet
backbone, provides industry-leading IP/MPLS services to customers in 165 countries. With
a suite of IP Convergence products, Sprint is clearly committed to its mission to be Number
1 in providing a simple, instant, enriching and productive customer experience.
WSCA members can be confident Sprint wireless, wireline and converged communications
solutions are designed to meet your business objectives. The following key differentiators
make Sprint the clear choice for dependable, reliable, and comprehensive solutions:
♦
♦
♦
♦
♦
♦
Customer Experience
Environmental Stewardship
IP Convergence
Wireless 4G Leadership
Wireless Network Coverage and Data Leadership
Nextel Direct Connect
Sprint can offer WSCA and participating members several cost savings opportunities. Sprint
offers several cost reduction opportunities of which WSCA members can take advantage:
♦ Pooling Plans – Maximize the number of subscribers on the same pooling plan
(Sprint Business Advantage Plan) and on a single account to virtually eliminate the
risk of overage charges.
♦ Custom Rate Plans – Deeply discounted custom plans unique to WSCA subscribers
♦ Unlimited Calling – Take advantage of the unique unlimited calling options within
Business Advantage: Mobile to Mobile, 7 p.m. Nights and Weekends, Direct
Connect & Group Connect.
♦ Cut the Cord – Sprint phones today can be the only phone you need, particularly for
your mobile workforce.
♦ Electronic Billing – Take advantage of the convenient billing tools to help you
understand and manage employee usage.
♦ Maximize Discounts by having corporate-liable (CL) subscribers rather than
reimbursing individual-liable subscribers.
Please see Attachment B1 in Tab V for Sprint’s additional exception and clarification to
this requirement.
3.5.2
Establish and provide a set of “standard” plans for voice services.
WSCA corporate-liable users on CL Accounts will receive a 25% service pricing
discount on all standard retail rates on Sprint service plans and will also be able to
subscribe to any of the proposed WSCA custom plans described in the Cost
Proposal. The 25% service pricing discount is subject to the specific responses to RFP
Page 51
Western States Contracting Alliance
provisions as set forth in Sprint’s proposal and Sprint’s proposed contract terms and
conditions. The discount percentage may be reduced in Sprint’s discretion in accordance
with Section 3.2.3 (and Sprint’s proposed modifications thereto) to net out Administrative
Fees to Participating Entities.
3.5.3
Detail standard features such as voicemail, call waiting, call back and in-plan minutes or
megabytes included in the proposed services.
All Sprint cellular plans include voicemail, caller ID, 3-way calling and call waiting for no
additional charge.
The Business Essentials rate plans include anytime cellular minutes pooled with other
Business Essentials, Custom BlackBerry and Custom Pro Pack Plan users. The Business
Essentials rate plans also benefit from unlimited Direct Connect and Group Connect
minutes (with compatible handsets), unlimited night and weekends starting at 7pm,
unlimited mobile-to-mobile to other Sprint & Nextel users, nationwide long distance and
domestic roaming.
The Custom Bundled BlackBerry and Pro Pack users will benefit from the same features
above, as well as email and web access. Some of these custom plans include unlimited
nights and weekends at 7pm. Depending on the plan selected, subscribers may also have the
option to include 1,000 or Unlimited Text Messaging.
Specific plan information is provided in Cost Proposal.
3.5.4
Activate service on new equipment within 72 hours of request or shipping.
Devices will typically arrive within 2-3 business days after receipt of order. All devices will
arrive active and provisioned. If the device is a replacement or upgrade for an existing
device, the user can contact Public Sector Customer Care 24 hours a day, seven days a week
for immediate activation.
3.5.5
Provide the following services at no extra charge. This list is not meant to be all inclusive and
vendors may, at their discretion, add other services.
3.5.5.1 Per line caller ID blocking;
To protect the privacy of mobile phone users, the FCC Caller ID requires carriers to
offer free, simple and uniform per-call and per-line blocking and unblocking
processes, which includes concealing the caller’s name. The FCC does not regulate
blocking and unblocking of intrastate calls.
Sprint subscribers can block their Sprint phone number from being delivered on
outgoing calls on a per-call basis by dialing *67, then entering in the number and
on all calls by contacting Sprint Customer Service and requesting Caller ID
blocking.
Caller ID blocking services are not available when using data or wireless web
services.
3.5.5.2 Upgrades or downgrades to service plans as needed, with no limits;
Page 52
Western States Contracting Alliance
WSCA members on CL accounts may change rate plans at any time without penalty
fees.
3.5.5.3 Cancellation of service without early termination fees; and
WSCA members may deactivate corporate-liable (CL Account) devices at any time
without facing early termination fees.
3.5.5.4 Provide LNP with no penalty.
No Sprint customer will incur a Sprint rendered fee for porting a number from
another carrier.
3.5.6
Provide information regarding coverage across the U.S.; include listing and total % of
coverage.
The Nationwide Sprint Network is built on a single, digital technology, allowing WSCA
members to expect the same features and consistent service levels almost anywhere they
travel on our nationwide network. Nearly this entire network now provides 3G data service.
Including roaming and partner networks, Sprint’s wireless voice and data coverage is
currently available to over 278 million people in the United States, including Puerto Rico
and the U.S. Virgin Islands. 277 million of these people can enjoy 3G data speeds in their
home location. Across the country, the Sprint 3G Network reaches 19,682 cities and 1,960
airports.
The following map of the continental U.S. shows Sprint coverage across the country and
whether the coverage is provided by Sprint or a roaming partner. It also shows where the
data coverage is 3G, 4G, other data coverage. 4G areas also have 3G coverage. In addition
to the 4G areas noted below, we very recently launched 4G coverage in San Francisco and
Los Angeles.
=
Page 53
Western States Contracting Alliance
Nationwide Sprint Network Coverage
Sprint also owns and operates the Nextel National Network, which currently serves over 278
million people, all of the Top 100 markets and 297 of the Top 300 metropolitan areas across
the country. Sprint provides all-digital wireless voice and data services over the proprietary
iDEN network to millions of Direct Connect customers, making it the largest push-to-talk
service in the industry. Due to the uniqueness of iDEN technology the Nextel National
Network does not roam onto other carriers’ networks, so subscribers using iDEN never
incur roaming charges.
While Sprint does not guarantee coverage in any specific area at any specific time, the
performance of the Nextel National Network has been outstanding, exceeding 99.5%
availability since the beginning of 2002. Coverage shown on the coverage maps is a general
prediction of outdoor coverage, and does not guarantee wireless service will be available at
all covered geographic areas at all times. Wireless coverage is impacted by, among other
things, terrain, weather, antenna location, system modification, foliage and man-made
structures (such as buildings), and therefore cannot be predicted precisely at all times.
Coverage maps have been provided in Tab VIII. Coverage maps for each state have been
provided on CD and in a separate binder due to the size of the files.
3.5.7
Define your statewide and national Voice Services coverage by each state.
The proposed plans provide nationwide long distance for no extra charge and domestic
roaming. Coverage maps have been provided in Tab VIII.
3.5.8
Provide detailed in-network (no roaming) voice services coverage (including available
coverage maps) for States, with an overlay of counties and major highways. Coverage maps
must correspond to the basic no cost handsets provided (i.e., the basic handset must be able to
Page 54
Western States Contracting Alliance
access the internetwork areas defined in the coverage maps without incurring any roaming
charges when calling within the calling plan locations).
The proposed rate plans include nationwide long distance and domestic roaming for no
additional charge. Coverage maps for each state have been provided in Tab VIII.
CDMA handsets will operate on the Nationwide Sprint Network and iDEN handsets will
operate on the Nextel National Network. WSCA corporate-liable users will benefit from
deep discounts on handsets. Both the WSCA equipment prices and Flat Rate Equipment
Price change periodically at Sprint’s sole discretion. When pricing changes, the WSCA
Ordering Portal is updated. Sprint typically offers no cost or low cost handsets. Offer &
Eligibility: WSCA device pricing is for WSCA corporate-liable (CL Account) users and is
for new CL activations or devices that are eligible for upgrade only. Specific device pricing
is provided in Cost Proposal.
After 12 months of continuous service, CL users may replace or upgrade their devices and
receive the Flat Rate Equipment Price (or WSCA Equipment Price if lower than Flat Rate).
3.5.9
Provide detailed national in-network (no roaming) voice services coverage national maps,
with an overlay of states, counties and major highways. Coverage must correspond to the
basic no cost handsets provided (i.e., the basic handset must be able to access the internetwork
areas defined in the coverage maps without incurring any roaming charges when calling
within the calling plan locations).
The coverage maps provided in Tab VIII depict coverage for each state and include county
lines and major highways.
CDMA handsets will operate on the Nationwide Sprint Network and iDEN handsets will
operate on the Nextel National Network. WSCA corporate-liable users will benefit from
deep discounts on handsets. Both the WSCA equipment prices and Flat Rate Equipment
Price change periodically at Sprint’s sole discretion. When pricing changes, the WSCA
Ordering Portal is updated. Sprint typically offers no cost or low cost handsets. Offer &
Eligibility: WSCA device pricing is for WSCA corporate-liable (CL Account) users and is
for new CL activations or devices that are eligible for upgrade only. Specific device pricing
is provided in Cost Proposal.
The proposed rate plans include domestic roaming for no additional charge.
3.5.10 Provide updated coverage maps as described above upon request.
Sprint will provide updated coverage maps upon request.
3.5.11 Notify each State’s designated key contact at least five days in advance of any planned service
outages and/or scheduled maintenance. This notification must include impacted coverage
areas and an estimate of the outage timeframe.
Please see Attachment B1 in Tab V for Sprint’s exception to this requirement.
Sprint plans downtime for both wireless and wireline networks when it would least affect
WSCA members’ service. For IP services, Sprint schedules maintenance identified as
“customer impacting” on Monday between 1 A.M. and 5 A.M. local time for U.S. customers
and on Saturday between 12 A.M. and 6 A.M. for international customers.
Page 55
Western States Contracting Alliance
Wireless and wireline maintenance takes place 11 P.M. – 6 A.M. Sunday through Thursday.
Customer impacting from 1 a.m. to 5 a.m. Maintenance activities not expected to affect
WSCA members are scheduled between 11 p.m.-6 a.m. local time. For, IP based services
including MPLS the standard maintenance window is Monday between 12 a.m. – 6 a.m.
and 12 a.m. – 6 a.m. on Sunday for International locations.
Customer impacting activities are changes that cause:
♦
♦
♦
♦
Degradation to voice services
Degradation to provisioning
Degradation to data services
Planned Downtime Customer Notification**
To ensure the impact is minimal, Sprint notifies customers at least 14 days before any
scheduled wireless and wireline network maintenance that could affect WSCA members’
service.
Occasionally, it is necessary to perform demand or emergency maintenance to prevent an
outage condition. Sprint performs demand maintenance during the next available
scheduled maintenance window and emergency maintenance is performed immediately.
Unplanned Downtime Customer Notification**
To partner better with WSCA, Sprint sends notification within 45 minutes of realizing a
wireless or wireline network event has occurred. Sprint sends a message to each
appropriate state contact at the onset of the event. This message includes event type, start
and end dates and times, areas and platforms affected, and customer impact.
**To receive notifications, each state contact must be subscribed to the Customer
Notification Service. Each WSCA member’s representative can work with their Sprint
Account Team to subscribe.
What States Can Do to Ensure Customer Notification
Each WSCA member can request to enroll for the customer notification service via our
online notification service for no additional cost. With Customer Notification, states can
receive timely notifications via e-mail and/or text messages to wireless devices (U.S. only),
or both, depending on preference. This service provides alerts on ticket events, network
events and scheduled maintenance.
Customer Notification supports:
♦ All wireless voice and data products
♦ IP Products (dedicated IP, MPLS, SprintLink Frame)
Up to 100 employees from each member agency can receive Customer Notifications. Each
WSCA member may choose to receive Customer Notification for specific times or days of
the week; select notification messages for specific locations; and/or designate geographic
regions for which wireless notifications messages may be sent.
Customer Notification is sent via our Enterprise Notification System (ENS) for planned and
unplanned downtime on the Sprint Wireless Network.
Page 56
Western States Contracting Alliance
3.5.12 Describe an ongoing process to improve coverage for areas that are having inadequate or less
than 50% coverage. Provide timeline of anticipated improvements.
Sprint’s current expansion plans for the Nationwide Sprint Network (CDMA) and Nextel
National Network (iDEN) focus on addressing any capacity issues or coverage gaps at the
market level. Much of the current focus is on upgrading our few remaining CDMA 1x data
sites to EVDO rev A. Sprint also continues to add cellular voice and data carriers as
warranted by our capacity analysis in existing coverage areas or as market conditions
suggest desirable new coverage locations. However, most of Sprint’s current wireless
expansion plans are focused on Sprint 4G.
Should any WSCA member encounter a situation where they lack in-building or on-campus
coverage, our Custom Network Solutions (CNS) group can provide custom coverage
solutions for that member. The CNS group extends Nationwide Sprint and Nextel National
Networks and Sprint 3G and 4G into buildings and onto campuses to deliver the power,
productivity and efficiency of Sprint’s voice and data communications wherever WSCA
members need it. Before other carriers even considered in-building services and solutions,
Sprint created the CNS group to meet businesses increasing needs for mobility, and the
group has had the same commitment to in-building and campus-wide convergence services
for more than nine years.
The coverage solution shall be subject to a separate CNS agreement with separate terms,
conditions and fees, including but not limited to capital contributions and/or purchase
commitments.
Additional information about our CNS capabilities has been provided in Tab VIII.
3.5.13 Identify all basic equipment provided as necessary for vendor’s standard operation within
Contractor’s wireless voice network for all subscribers (new activation or regular contract
term subscribers). This shall include, but may not be exclusive to, voice handset, AC power
charger/adapters and compatible hands-free accessory(s).
WSCA members may continue to utilize any existing wireless devices in order to continue
Sprint service. New users will require the purchase of a new wireless device. Each handset
comes with a battery, battery cover and standard wall charger. Some devices include
holsters, hands-free ear buds and/or USB cords. All current devices, their features, included
accessories and pricing has been provided in Cost Proposal.
3.5.14 Allow for a designated trial period for testing/evaluating equipment without additional charges
or fees. Designate the timeframe for the ‘trial period’ and procedures for implementing this
policy.
Sprint will provide a predetermined number of demo units for a predetermined length of
time for WSCA members. The number of demo units and length of time will depend on the
local market availability and types of services requested from the WSCA member. For
wireless handsets, the typical length of time is two weeks to 30 days. Other types of devices
will vary.
3.5.15 Indicate if Contractor is anticipating migration to new or different technology. If so, identify
the changes that subscribers shall anticipate proposed timeline and plans to ensure a smooth
transition to the new technology.
Page 57
Western States Contracting Alliance
The next generation of mobile broadband, Sprint 4G network, offers turbocharged speeds,
higher capacity and reduced network latencies compared to 3G networks. Sprint 4G
represents a shift in the way people use mobile broadband. Businesses, consumers and local
governments can extend their full Internet experience beyond home or office use with
average speeds of 3-6 Mbps downlink and 350-500 Kbps uplink (peak speeds up to 12 Mbps
downlink and 5 Mbps uplink). These speeds, combined with latencies of approximately 80 to
100 milliseconds, enable many higher-bandwidth and latency-sensitive applications that are
poorly served by 3G networks.
Sprint 4G is rapidly being deployed across the nation, with current coverage in over 70
markets. Today, the Sprint 4G network is powered by WiMAX. With WiMAX and its global
ecosystem, a clear spectrum advantage and a comprehensive migration plan to evolve from
our current 3G infrastructure, all the pieces to drive the global evolution of wireless
broadband are in place years ahead of the competition.
In addition to performance, benefits of Sprint 4G
include:
♦ Cost Savings. Tremendous cost advantages
can be realized from the low-complexity
design, all-IP foundation and economies of
scale.
♦ Embedded Devices. Low cost chipsets
embedded into laptops and other consumer
devices will help expansion into consumer
electronics and drive the next wave of
broadband applications.
♦ Dual-mode 3G/4G Mobile Devices. Devices
that offer the coverage of the Sprint 3G
network while harnessing the turbocharged
speeds on the new Sprint 4G network
4G NETWORK FEATURES
♦ WiMAX has been tried and tested
for two years
♦ Already providing service to over 1
million users in over 70 markets
♦ Provides clear migration plan from
3G infrastructure
♦ Higher
latency
bandwidth
with
lower
♦ Already supports many handsets,
connection cards and embedded
devices, such as netbooks and
tablets
As the first national wireless carrier to offer customers 4G service and to offer access to
both Sprint 3G and 4G networks on one device, Sprint will continue to lead in mobile
broadband deployment. Wherever WSCA members are traveling, chances are they can
leverage Sprint 3G and 4G networks to conduct their duties.
Sprint’s Network Vision
Network Vision is a multi-year initiative to provide an enhanced network experience and
reduce operating inefficiencies. Network Vision will create network flexibility, reduce
operating costs, and improving environmental sustainability, all while improving voice
coverage, providing faster data speeds, and insulating Sprint and its customers from
technology change:
♦ New innovations and technologies (particularly, multi-modal base stations) permit
repurposing of spectrum, resulting in better coverage, elimination of multiple base
stations at cell sites, and reduction in the total number of cell sites, resulting in both
enhanced coverage and reduced operating costs.
♦ Improved coverage and next-generation backhaul solutions can reduce roaming
and access costs, and reliance on competitor’s networks.
Page 58
Western States Contracting Alliance
♦ The Network Vision plan can strengthen Sprint’s reputation as a leader in
environmental responsibility through a reduction in network equipment, power
needs, and smaller carbon footprint.
Key Elements of Network Vision
Improved Customer Experience
In addition to significantly reduced operating costs for Sprint, Network Vision is expected to
result in a variety of direct benefits to WSCA members. To be sure, the overriding objective
of Network Vision is Improved Customer Experience.
Customer Benefits of Network Vision
As a direct result of Network Vision, WSCA members can expect:
Page 59
Western States Contracting Alliance
♦ Greater PTT choices and capabilities
♦ Multi-mode devices capable of selecting the optimal network for the location and
application
♦ Improved coverage, quality, and speeds
♦ Continued access to 4G services, regardless of technology choice
♦ A provider with a reputation as a leader in environmental sustainability
The following sections describe these benefits in more detail.
Next-Generation PTT
Sprint is committed to maintaining PTT leadership as the
provider of the “gold standard” in instant communications:
Nextel Direct Connect.
♦ By end of year 2011, Sprint plans to launch the next
generation of Nextel Direct Connect on CDMA,
offering an additional option for PTT with highbandwidth data services.
♦ As the shifting to more broadband-centric PTT applications on the CDMA network
occurs and Sprint successfully demonstrates performance, it is expected that iDEN
cell sites will be phased out. This phase out is expected to begin in 2013.
♦ Customers can choose traditional iDEN Direct Connect service, or next-generation
Direct Connect service (CDMA) with high-speed data capabilities and potential 4G
capabilities.
Improved Device Capabilities
♦ A multi-mode platform enables the use of integrated
device chipsets allowing the devices to communicate
over varying spectrum bands (i.e. 800MHz, 1.9 GHz,
etc.).
♦ Devices with integrated chipsets provide greater
simplicity, as the device and network automatically
choose the best spectrum or frequency band for the
customer.
♦ Sprint expects to continue offering an attractive portfolio of PTT devices, both on
iDEN and CDMA, including competitively priced, full-featured smartphones and
ruggedized devices.
♦ The smartphone—faster processors, advanced cameras, multimedia—revolution
with demand for high-bandwidth services is expected to continue and only networks
and device portfolios like Sprint’s multimode approach can support this tremendous
growth.
Improved Coverage and Quality
♦ The Network Vision plan includes deployment of
next-generation CDMA technology, CDMA 1X
Advanced, which is expected to provide significant
customer benefits:
o Landline quality voice service
o Data speeds 30-40% faster than existing 1xRTT
speeds
Page 60
Western States Contracting Alliance
o Improved reach and overall performance of CDMA radio signals
♦ The multi-mode technology is expected to improve network coverage because of the
ability to deploy multiple spectrum bands across existing technologies. This enables
customers to seamlessly carry a call through the entire network, with a 20-30%
improvement in the number of dropped calls.
♦ A portion of available iDEN spectrum (800 MHz) can be repurposed for CDMA
services, giving customers the benefit of improved in-building coverage associated
with 800 MHz spectrum.
Access to 4G Services
♦ Sprint continues to be committed to WiMAX as its
4G strategy.
♦ Sprint expects to continue offering innovative
products and services that leverage the nation’s first
4G network. To date, Sprint has launched twelve 4G
devices including handsets, routers, hotspots, etc.
♦ Sprint can be positioned to take advantage of
alternative 4G technologies, if and when they make sense, assuring customers that
Sprint maintains its 4G leadership position.
♦ As part of the Network Vision deployment, multi-mode base stations can provide
Sprint the maximum flexibility to utilize its various spectrum assets in providing 4G
services.
Environmental Sustainability
♦ Sprint is committed to being a corporate leader in
environmental responsibility.
♦ Today, Sprint leads the industry through its
commitment to absolutely reduce greenhouse gas
emissions, deployment of renewable energy, and its
aggressive cell-phone recycling efforts.
♦ The implementation of Network Vision can further
Sprint’s reputation as a leader in environmental
responsibility through a reduction in network equipment deployment and a smaller
carbon footprint.
♦ Network Vision strengthens our position with business customers who consider
environmental sustainability a major consideration in the vendor selection process.
♦ Network Vision further validates Sprint’s position as #6 in Newsweek’s 2010 Green
Rankings and one of the 20 “Most Responsible” companies as cited by Forbes
Magazine in conjunction with Governance Metrics International, 8/3/10.
How Network Vision Works
The key to the Network Vision is a new multimode Base Transceiver Station (BTS),
commonly referred to as a “base station.” The base station, tower, and antennae array are
the primary components of a standard cell site.
Currently, production base stations are capable of supporting only a single wireless
technology and a single transmission frequency. As a result, Sprint currently operates three
different base stations for a given coverage area to support its three networks (800 MHz
iDEN, 1.9 GHz CDMA, and 2.5 GHz WiMAX) if all three networks are available in that
area.
Page 61
Western States Contracting Alliance
Following implementation of Network Vision, Sprint will be able to broadcast any or all of
its available technologies on any or all available frequencies from a single base station.
This will result in substantial savings in electricity and facility costs, and create flexibility to
allow Sprint to fine tune its broadcast from a particular site to meet the ever changing usage
and technology demands of our customers.
Perhaps even more importantly, changes to the frequencies and technologies being
broadcast from a given base station will be changeable at relatively modest expense—often
with only a software change. This flexibility will ensure that not only can Sprint more
efficiently use its resources to meet changing customer demands, but that Sprint will be able
to offer new technologies without a wholesale replacement of equipment.
Page 62
Western States Contracting Alliance
Implementation
Sprint is already in the process of implementing Network Vision. Sprint has selected
Alcatel-Lucent, Ericsson and Samsung to provide network hardware, software and services
enabling the aggregation of multiple spectrum bands on single, multi-mode base stations
throughout Sprint coverage areas. The full rollout will take place over the next several
years, but customers will begin coverage improvements and new product options in 2011.
Cost Savings
While offering dramatic improvements in coverage and signal strength and added flexibility
in adapting to changing technologies, Network Vision offers Sprint the opportunity to
dramatically reduce its network operation expenses.
The reduction in facility and power costs, combined with the more efficient use of our
existing assets enabled by Network Vision is estimated to provide a net financial benefit to
Sprint over a seven-year period of between $10 billion and $11 billion. This cost savings is
in addition to the savings used to offset the estimated incremental cost of between $4 billion
and $5 billion to build out the Network Vision program over the deployment period.
Please see Attachment B1 in Tab V for Sprint’s additional clarification regarding Section
3.5.15.
3.5.16 Describe repair/replacement procedures/processes in detail for the following situations
(including description of forms and information required):
WSCA members can protect their wireless assets with Sprint’s options for device
replacement and repair. Below, we have provided an overview of each of our repair
options.
Total Equipment Protection
The best value for WSCA members to protect their equipment is Sprint’s Total Equipment
Protection. This coverage combines the protection offered in the Equipment Replacement
Program and the Equipment Service and Repair Program for devices active on the Sprint
account at the time of the incident.
Page 63
Western States Contracting Alliance
Total Equipment Protection provides insurance coverage for active Sprint devices from loss,
theft, physical or liquid damage, plus provides service contract repair or replacement for
mechanical or electrical problems, normal wear and tear and routine maintenance.
Customers are allowed three Equipment Replacement Program insurance replacements in
any 12-month period, with a non-refundable deductible for advanced wireless devices, for
each approved request. Repairs or replacement under the Equipment Service and Repair
Program are at no additional charge. Replacement of equipment will be of the same or a
comparable model. Replacement equipment may be reconditioned.
TEP Key Benefits for Businesses
♦ All phone issues are covered for a predictable monthly expense. Corporate-liable
(CL) customers may receive a discount per enrolled device, depending on volume.
♦ CL customers who want to enroll 10+ lines can do so at anytime – the 30-day
enrollment restriction is waived.
♦ TEP enables employees covered by CL accounts to resolve issues without going
through their company administrator – they can visit a store or contact Care to
resolve their issues directly.
♦ Sprint has service locations throughout the country to support repairs; subscribers
can access service conveniently and not risk being without their phone and losing
contacts and other content.
♦ The loss, theft or physical claim process is fast and convenient on
www.phoneclaim.com, with instant claim approval and email notification. Phones
are replaced quickly to lessen the impact of missed business opportunities.
Replacement phones are delivered the next day if the claim is filed by 10:00 pm CT.
♦ Specific high-risk or high-cost devices can be protected – not all phones on the
business account must be covered.
Replacement and Repair Programs
Either of the two programs included in Total Equipment Protection are available
separately:
♦ Equipment Replacement Program. The Equipment Replacement Program,
underwritten by Continental Casualty Company, covers the replacement of your
Sprint or Nextel device in the event of loss, theft, physical or liquid damage.
Subscribers are allowed 3 replacements under this program in any 12-month
period. A non-refundable for advanced wireless devices, applies for each approved
replacement.
♦ Equipment Service & Repair Program. The Equipment Service and Repair
Program covers the service and repair or replacement of your Sprint or Nextel
device for mechanical or electrical problems, normal wear and tear and routine
maintenance. The malfunctioning device must be turned in at the time of
replacement.
Individual Service Options
Service and Repair Centers, conveniently located around the U.S., provide programs for
equipment repairs. The following table describes service and repair options and related
charges if you choose not to enroll in one of the Equipment Protection Programs.
Option
Sprint Phone Repair Center Service
Turnaround
1-3 business days
Page 64
Price
Without TEP or ESRP, a per-
Western States Contracting Alliance
Visit one of 400 Sprint Phone Repair
Centers for face-to-face service. For the
nearest location, visit
www.sprint.com/storelocator
Customer Care
Call Customer Care for self service and
request a replacement for a defective or
non-working phone.
Not all phones are eligible
incident service will be charged
for both in-warranty and out of
warranty service.*
1-3 business days
All devices ship standard
overnight
Without TEP or ESRP, a perincident service fee will be
charged for both in-warranty
and out of warranty service.*
*Service Fee covers devices with mechanical or electrical failure due to defect, normal wear
and tear, missing components, cracked housing/LCD, or broken hinges/ports/lenses.
Not Covered: Lost or stolen devices, liquid damage or corrosion, battery, accessories and
damage beyond repair.
Repaired or replaced equipment is covered from hardware or software failure for 30 days.
Customers will receive a repaired or replaced unit at no charge if the equipment exhibits
software or hardware failure within 30 days from time of original repair. The Service
Center determines whether the equipment is repaired or replaced. The customer must
return to the original repair location for this policy to apply.
3.5.16.1 Repair of equipment with new standard parts or parts of equal performance to new
parts;
Our service and repair options are described above. New or equal performance
parts will be utilized for repair.
3.5.16.2 Repair/replacement parts for all equipment covered under warranty;
All Sprint Nextel devices and accessories come with a limited one year
manufacturer’s warranty. The manufacturer warranty begins when the Sprint or
Nextel device, Sprint Mobile Broadband Connection Device, or accessory is
activated. Warranty details are provided in the device packaging and are
available at www.sprint.com for download. Warranties are exclusive to the
manufacturer and are submitted directly to the manufacturer by the customer. To
be considered for in-warranty coverage, it must meet all of the following three
criteria:
1. Phone is within the first 12 months of ‘Original Activation Date’.
2. The issue is a mechanical or electrical failure of the phone.
3. The phone shows no signs of liquid damage, customer abuse and/or other
physical damage.
Alternatively, customers can receive warranty service at more than 400 Service
and Repair locations nationwide for a convenience fee.
In addition to the warranty provided by the manufacturer, Sprint offers optional
plans to cover equipment for non-warranty claims. Total Equipment Protection
(TEP), a combination of the Equipment Service and Repair Program (ESRP) and
the Equipment Replacement Program (ERP), covers all handset- related issues
except fraud and intentional abuse. TEP is the best value; however, both ESRP
Page 65
Western States Contracting Alliance
and ERP are available separately. The repair fee is waived if enrolled in these
programs.
ESRP includes coverage for mechanical or electrical failure, routine
maintenance or failure from normal wear and tear. ERP includes insurance for
loss, theft, physical damage, liquid damage or corrosion. TEP, ESRP or ERP
may be added to your line within 30 days of activating or upgrading your device,
at the time of a paid repair or at any time when enrolling 10 or more lines on the
same account.
3.5.16.3 Detail all situations where States may/will incur cost of repairs/replacement for
equipment, i.e., shipping, gross neglect of equipment by subscriber, etc.;
The service and repair plan options provide the requested information above.
Related pricing is provided in Cost Proposal.
3.5.16.4 Repairs for out of warranty equipment (i.e., discounted pricing for repairs);
Our service and repair options provide options for both in-warranty and out-ofwarranty repair options are described above.
3.5.16.5 Repairs/replacements/loaner equipment in which replacement equipment will be
new or factory refurbished; and
Repairs and replacements will utilize new or like new equipment. Loaner devices
are not part of the service and repair options described above.
3.5.16.6 Walk-in repairs at retail stores.
Information regarding the walk-in repair option is provided above.
3.5.17 Enclose all warranty information with all equipment at the time of delivery/shipment, and
provide additional warranty information as requested by the subscriber.
All device shipments will contain warranty information. Additional information can be
found on sprint.com or requested from each WSCA member’s Sprint Account Team. Sprint
does not manufacture equipment and offers no warranty on any equipment beyond the
manufacturer’s warranty provided directly from the manufacturer to the WSCA member
upon receipt of the equipment. Sprint products and services are provided “as is.” Sprint
disclaims all express or implied warranties and in particular disclaims all warranties of
merchantability, fitness for a particular purpose, and warranties related to equipment,
material, services, or software.
3.5.18 Submit full listing of walk-in service/repair center locations in each respective state, with
qualified personnel to repair the equipment on site that will manage all service and repairs
under agreement.
Sprint has over 400 service and repair centers around the country. We have provided this
information on CD due to the size of the file.
3.5.19 Provide priority voice service to State employees with critical job duties that are responsible
for responding to disaster/emergency event.
Page 66
Western States Contracting Alliance
Reliable, state-of-the-art public safety communications is critical to the security of our
communities and our nation. As we strengthen our national networks to better serve public
safety, we look forward to building a partnership with public safety and government
organizations. Our goal is to create a unique-to-government solution, customized for
emergency response.
Nextel Direct Connect, our long-range two-way radio service has become an invaluable tool
for local, state and federal public safety agencies. Sprint is the only nationwide,
commercial wireless service provider to offer Priority Connect Push-to-Talk and Priority
Access for cellular calls. Additionally, we offer our Public Sector subscribers secure voice
and data service, ruthless preemption for Push-to-Talk services, premium customer care
and customized data applications designed to meet emergency management and law
enforcement needs.
Nextel Direct Connect service is built on a separate technology layer from the cellular
network and is not dependent on the public switched telephone system (PSTN) which often
becomes overloaded in emergencies causing system blocking for most cellular providers. In
order to best serve our many government and public safety contracts, our service provides a
high degree of reliability and every cellular tower we operate is backed up with battery
power. In many instances, users as being the only communications platform that remained
operable during emergency or disaster situation have cited Nextel Direct Connect.
Priority Access and Emergency Group Connect
Higher priority
1
Executive Leadership
and Policy Makers
2
Disaster Response and
Military Command and Control
3
Public Health, Safety,
and Law Enforcement
4
Public Services, Utilities,
and Public Welfare
5
Disaster Recovery
Lower priority
Priority Connect Feature Gives the “Right of Way” to
Emergency Communications and is Compatible with
National Communications System (NCS) Escalation
Categories
Sprint offers advanced Public Safety services to provide agencies with supplemental system
features which will enhance their ability to effectively respond to emergencies, as well as
improve continuing operations. Sprint’s services are referred to as Priority Connect and
Emergency Group Connect, and are supported by Premium Public Safety Customer Care.
Page 67
Western States Contracting Alliance
Priority Connect
Sprint’s dispatch Priority Connect is a feature that provides subscribers with priority access
to the Nextel National Network and its resources during times of congestion. At these
times, such as in an emergency, calls from those who subscribe to the Priority Connect
service are queued in order of precedence, increasing the likelihood their Nextel Direct
Connect calls will be completed. The Priority Connect feature is available only for Direct
Connect calls, not for cellular calls.
The priority queuing capability allows Nextel’s National Network to have multiple priority
levels. These levels determine which calls receive access when all Direct Connect channels
are busy, and which calls are assignable on an individual basis. Higher-level priority users
will automatically be placed higher in the call back queue than lower level users. Users
within the same priority level will be assigned channels on a First-In-First-Out (FIFO)
basis. When a channel becomes available and there are active call requests in the queue,
the system automatically assigns the first available channel to the top of the call back queue
and notifies the call initiator with an audible tone.
Wireless Priority Service
Wireless Priority Service (“WPS”) allows authorized National Security and Emergency
Preparedness (“NS/EP”) personnel to make cellular calls during an emergency when
channels may be congested. WPS is the interconnect complement to Sprint’s own Priority
Connect service.
National Communications System (“NCS”) a division of the Department of Homeland
Security oversees WPS. WPS was developed to meet a directive from the White House.
NCS executes the program on behalf of the Executive Office of the President.
Only individuals in NS/EP positions are authorized to use of WPS. Five categories have
been established in order to identify critical NS/EP leadership functions and determine
eligibility. The NCS will be the decision maker on those subscribers that are and are not
eligible for WPS service.
A.
B.
C.
D.
E.
Executive Leadership and Policy Makers
Disaster Response/Military Command and Control
Public Health, Safety and Law Enforcement Command
Public Services/Utilities and Public Welfare
Disaster Recovery
WPS is invoked by dialing *272 prior to the destination number:
♦ WPS is an enhancement to basic cellular service that allows NS/EP calls to queue
for the next available service channel
♦ IOC provides queuing on the origination of the cellular call
♦ FOC will provide handling from origination, through the network, to the called
destination
Customers must have leadership roles in NS/EP to use WPS. Key requirements are as
follows:
♦ Customer must be a Sprint subscriber
♦ Customer must request WPS service at http://wps.ncs.gov/ or call 1-866-NCS-CALL
to apply
Page 68
Western States Contracting Alliance
♦ NCS will inform Sprint of those subscribers approved for WPS and at what Priority
Level
♦ Sprint cannot add, delete or modify a WPS subscription without NCS consent
Emergency Group Connect
Emergency Group Connect, also known as “ruthless preemption,” provides network
resources to specific subscribers during times of congestion. When Emergency Group
Connect is initiated, all other Direct Connect calls occupying the channel are preempted to
allow for the call to be completed. The emergency calls are initiated from handsets
equipped with an emergency button. The emergency transmission is prioritized to a priority
level of 0 and sent over the active channel, preempting all other calls that would have
otherwise prevented its transmission. All active members of the user’s talkgroup (including
the dispatcher) immediately switch into a special emergency talkgroup and the Emergency
Group Connect session begins. Emergency Group Connect is available on all iDEN
handsets; however, the i325IS is the only handset that can initiate the call.
Talkgroup Scan
The Talkgroup Scan feature of the Public Safety Package allows subscribers to listen on
their handset for communication on more than one talkgroup at a time. Talkgroup Scan is
a per subscriber feature that requires use of the i325IS handset. Any handset may be a
member of the talkgroup the user is scanning. Talkgroup Scan is fundamentally an
extension of Group Connect.
Group scanning is accomplished by setting up “Scan groups” – groupings of up to 4
talkgroups. Customers initiate scanning by pressing the mode key on the handset. The
Talkgroup Scan feature will enable public safety personnel, such as supervisors and
dispatchers who need to monitor the communications of several groups, to meet their job
responsibilities.
Premium Public Safety Customer Care
Sprint has employed a Tier-2 customer care team, trained to meet the specific needs of our
public safety customers. The team is staffed 24x365, with a goal of providing “One Call
Resolution” – i.e. one source for service, billing and technical support questions. To qualify
for Premium Care, the customer must be classified as a First Responder (i.e., Police, Fire,
EMT, or Federal Protective Services) or purchase either Priority Connect or Emergency
Group Connect. There is no additional charge for the service; however, the customer is
required to maintain a Tier-1 in-house Care group.
3.5.20 Able to activate equipment and wireless voice service within 24 hours after request in the
event of a State disaster/emergency.
Sprint can provide immediate activations during disasters/emergencies. Additional
information about our emergency response capabilities is provided in Tab VIII.
3.5.21 Detail procedures required applying for and initiating priority status service.
The National Communication Systems (NCS), a division of the Department of Homeland
Security developed Wireless Priority Services (WPS) to meet a directive from the White
House to enable authorized National Security (NS) and Emergency Preparedness (EP)
personnel to make cellular calls during the event of an emergency or disaster when
Page 69
Western States Contracting Alliance
channels might otherwise be congested. WPS is invoked by authorized users on a call-bycall basis by dialing *272 + Dialed Number.
WPS provides priority network access at the originating cell site, which is accomplished
through call queuing for radio traffic channels, and High Probability of Completion (HPC)
capabilities that enable end-to-end priority treatment. Critical HPC features include:
♦ SS7 IAM enhancements that ‘mark’ and prioritize WPS calls; call marking enables
priority treatment to be forward to subsequent nodes and networks that have HPC
capabilities
♦ Trunk queuing at the originating and terminating mobile switch
♦ Priority radio channel queuing at the originating and terminating cell site
♦ Call routing enhancements
♦ Glare handling enhancements
♦ Priority treatment of Government Emergency Telecommunications Service (GETS)
calls
WPS is available only for authorized NS/EP users. NCS has established five categories to
identify critical NS/EP leadership functions and determine eligibility. Those categories
include:
1. Executive Leadership and Policy Makers
Users who qualify for the Executive Leadership and Policy Makers priority will be assigned
priority one. A limited number of wireless service technicians who are essential to restoring
the wireless service networks shall also receive this highest priority treatment. Examples of
those eligible include:
♦ The President of the United States, the Secretary of Defense, selected military
leaders, and the minimum number of senior staff necessary to support these
officials
♦ State governors, lieutenant governors, cabinet-level officials responsible for public
safety and health, and the minimum number of senior staff necessary to support
these officials
♦ Mayors, county commissioners, and the minimum number of senior staff to support
these officials
2. Disaster Response/Military Command and Control
Users who qualify for the Disaster Response/Military Command and Control priority will be
assigned priority two. Individuals eligible for this priority include personnel key to
managing the initial response to an emergency at the local, state, regional and federal
levels. Personnel selected for this priority should be responsible for ensuring the viability or
reconstruction of the basic infrastructure in an emergency area. In addition, personnel
essential to continuity of government and national security functions (such as the conduct
of international affairs and intelligence activities) are also included in this priority.
Examples of those eligible include:
♦ Federal emergency operations center coordinators, e.g., Manager, National
Coordinating Center for Telecommunications, National Interagency Fire Center,
Federal Coordinating Officer, Federal Emergency Communications Coordinator,
Director of Military Support
Page 70
Western States Contracting Alliance
♦ State emergency services director, National Guard Leadership, State and Federal
Damage Assessment Team Leaders
♦ Federal, state and local personnel with continuity of government responsibilities
♦ Incident Command Center Managers, local emergency managers, other state and
local elected public safety officials
♦ Federal personnel with intelligence and diplomatic responsibilities
3. Public Health, Safety and Law Enforcement Command
Users who qualify for the Public Health, Safety and Law Enforcement Command priority
will be assigned priority three. Eligible for this priority are individuals who direct
operations critical to life, property and maintenance of law and order immediately following
an event. Examples of those eligible include:
♦
♦
♦
♦
♦
♦
Federal law enforcement command
State police leadership
Local fire and law enforcement command
Emergency medical service leaders
Search and rescue team leaders
Emergency communications coordinators
4. Public Services/Utilities and Public Welfare
Users who qualify for the Public Services/Utilities and Public Welfare priority will be
assigned priority four. Eligible for this priority are those users whose responsibilities
include managing public works and utility infrastructure damage assessment and
restoration efforts and transportation to accomplish emergency response activities.
Examples of those eligible include:
♦ Army Corps of Engineers leadership
♦ Power, water and sewage and telecommunications utilities
♦ Transportation leadership
5. Disaster Recovery
Users who qualify for the Disaster Recovery priority will be assigned priority five.
Individuals eligible for this priority are responsible for managing a variety of recovery
operations after the initial response has been accomplished. These functions may include
managing medical resources such as supplies, personnel or patients in medical facilities.
Other activities such as coordination to establish and stock shelters, to obtain detailed
damage assessments, or to support key disaster field office personnel may be included.
Examples of those eligible include:
♦
♦
♦
♦
Medical recovery operations leadership
Detailed damage assessment leadership
Disaster shelter coordination and management
Critical Disaster Field Office support personnel
Requesting access for WPS (Nextel only)
WSCA members can request wireless priority service (WPS) at http://wps.ncs.gov/ or by
calling 866-NCS-CALL (866-627-2255), select Option “2” to apply. The National
Communications Systems (NCS) informs Sprint of companies approved for WPS and at
what Priority Level. Once notified of approval status, Sprint provisions WPS for you.
Page 71
Western States Contracting Alliance
WPS for CDMA
CDMA standards bodies approved the technical solution for implementing Wireless Priority
Service (WPS) for CDMA networks. Sprint, in concert with other CDMA carriers,
equipment manufacturers, and government agencies developed these standards. All lab and
field testing has been completed and Sprint now offers WPS on CDMA to all Nortel and
Lucent markets deployed.
From an infrastructure standpoint, Sprint’s CDMA wireless technology allows increased
capacity over other wireless technologies and minimizes capacity issues. CDMA often
enables our wireless network to perform better in emergencies than networks based on
inferior technologies. Additionally, our Network Operations Control Center proactively
monitors our network to identify potential capacity issues and solve them as quickly as
possible. Sprint’s General Disaster Recovery Plan provides a rigid, market-specific process
to minimize downtime in the case of a natural or man-made disaster.
3.5.22 List all airtime or fees associated with priority service.
Fees for priority services are provided in the Cost Proposal as an optional service.
3.5.23 Describe whether you will be using partners or resellers for this contract. If so, provide any
necessary certification with response, and a list of recommended resellers. Are users of this
contract able to use your retail stores? If so, define the process.
Sprint has agreements with thousands of Authorized Indirect Dealers throughout the
country that offer customer support through sales offices, repair centers and retail store
locations.
To find a Sprint store near you, visit www.sprint.com/storelocator. WSCA members may
visit any Sprint Authorized Dealer for support.
3.5.24 Define any value-add services as part of your offering in your response. This may include, but
not necessarily be limited to:
•
Satellite capabilities;
Sprint does not currently offer satellite services.
•
Push-to-talk;
For 17 years, Sprint has been offering the industry leading Nextel Direct Connect, our
digital, long-range push-to-talk (PTT) service available anywhere on the Nextel
National Network and compatible Sprint phones on the Nationwide Sprint Network
where available.
With calls averaging less than 36 seconds and call setup time occurring in less than a
second, versus call setup time in five seconds or more for a cellular call, Nextel Direct
Connect is essentially the voice equivalent of Instant Messaging. Nextel Direct Connect
captures the richness of voice conversation that is otherwise lost in text-based messages,
while giving WSCA members a direct “hotline” to their work community ensuring
efficiency and responsiveness.
Page 72
Western States Contracting Alliance
In 2010, Sprint expanded our PTT capabilities
with an aggressive roadmap of new capabilities,
devices and applications. Today, Sprint users
can instantly connect with any Nextel Direct
Connect subscriber on the Nationwide Sprint
Network where available. Sprint is the only
national carrier where direct connect users can
instantly connect with another direct connect
users on another network.
Additionally,
customers can use Nextel Direct Connect in
and between up to six countries, including
Argentina, Brazil, Canada, Chile, Mexico and
Peru. In addition, customers can use Nextel
Direct Connect from the U.S to these six
countries.
DIRECT CONNECT BENEFITS
♦ Many of the proposed WSCA
member plans include Unlimited
Direct Connect & Group Connect
for no extra charge
♦ 18 years of push-to-talk experience
♦ Cost and time efficient
♦ Only carrier that offers the fastest
Direct Connect latency (with
guaranteed talk permit -GTP)
♦ Supports over 11M subscribers
♦ No reliance on the Public Switched
Telephone Network (PSTN)
♦ Interoperability with first responders
Many of our proposed rate plans include
unlimited Direct Connect minutes. Please see Cost Proposal for specific plan
information. The majority of the proposed rate plans include unlimited Direct Connect
minutes.
•
Emergency services;
In 2002, Sprint formed an Emergency Response
Team (ERT) to provide critical communications
and personnel to assist first responders and
corporations with relief efforts.
EMERGENCY RESPONSE TEAM
BENEFITS
♦ Provides an easily deployable and
scalable set of voice, video and
Sprint’s ERT is an experienced, crossdata equipment
functional group that provides wireless
♦
Seamlessly
augment government
telecommunications equipment, infrastructure
communication structures
and personnel operations support to military,
♦ Provides programming, training and
federal, state and local public safety, law
technical support
enforcement agencies and private corporations
♦ Infrastructure Leasing (mobile cell
during
Presidential
Declared
sites)
Disasters/Emergencies,
Field
Training
♦ Backup communications during T1
Exercises, Agency-Specific Events and National
or Dispatch failures
Special Security Events. The ERT designs and
♦ Professional services, including
implements the internal policies and procedures
pre-implementation help, training,
necessary to enable timely and effective
on-site support, and network
support
deployments of Sprint’s products and services.
The ERT utilizes existing products and services
in partnership with public safety agencies to provide a secure, stable wireless
communications platform that augments the capabilities of their existing network and
provides interoperability among other private radio networks during a crisis or shortterm event.
ERT core members combine wide-ranging military and federal law enforcement
experience with extensive technical communications expertise, in conjunction with
certifications in Business Continuity, Homeland Security, HAZWOPER and Project
Management. ERT core members encompass the following:
Page 73
Western States Contracting Alliance
♦ Public Safety & Military Experience: ERT members have served in a variety of
operational positions as diverse as Psychological Operations, Communications
and Federal Investigations in the Army, Navy, Marine Corps, Air Force, Police,
Fire, and EMS.
♦ Security Clearances: ERT members hold security clearances, up to Top Secret,
with the Department of Defense and Department of Justice.
♦ Technical Communications Experience: ERT members have extensive
experience working on a variety of communications systems including 800MHz,
VHF, UHF, Satellite and IPoS. Additionally, the diversity of experience in
communications extends to Field Operations, Network Operations, Audio Cross
Connect Switch Deployment, System Performance and Radio Frequency
Design.
ERT has deployed in support of over 700 federal, state and local Public Safety, Law
Enforcement and Military organizations in over 3800 deployments throughout the
United States. The four types of deployments that Sprint’s ERT has supported include
Disaster Support, Field Training Exercises, Agency Specific Event Support and
National Special Security Event support.
These services may require WSCA members to sign separate terms and conditions
outside of the WSCA Master Agreement.
Please see Tab VIII for detailed information about our emergency services.
•
Green initiatives; and
Sprint believes it is essential to engage with its employees on the full spectrum of its CR
priorities. There will always be employees who are personal champions of sustainability,
as well as those who will remain skeptics. The most interesting opportunity is those that
fall in the middle. We need to increase their engagement and participation in our
sustainability efforts. Ultimately, we believe this will lead to increased employee
satisfaction, loyalty to the company, and even an increase in their environmentally
friendly behaviors in their personal lives.
♦ In April 2009, Sprint launched an employee environmental awareness
campaign “5 Green Things” that outlines five fundamental steps Sprint
employees can take to begin to reduce their environmental impact at work, and
to ultimately help the company achieve its environmental goals. The program
encourages employees to: manage energy usage; minimize trash; commute
smarter; print less; and recycle electronics.
♦ For the past ten years, Sprint has held an annual Earth Day celebration. The
biggest event is held on the Sprint headquarters campus where more than 50
exhibitors, both internal and external, participate with information booths.
Attendance has increased year over year with this now being one of the most
popular employee events on campus. The event has featured “green” cars, free
tree seedlings, free CFL light bulbs, education about composting and rain
barrels, EPA program and park conservation officials, state and local
government officials, and more. In 2010, the event was partnered with “bring
your child to work day” so that employees’ children could participate in the
celebration as well.
Page 74
Western States Contracting Alliance
♦ Starting in 2008, Sprint has been participating in the World Wildlife Fund’s
Earth Hour for climate change awareness. Thousands of businesses around the
work participate by turning off portions of their power for 60 minutes to draw
attention to climate change. We promoted the program and the significance of it
through our employee website and our sustainability newsletter. Our iconic
clock tower on campus went dark for the event and employees were encouraged
to participate personally as well.
♦ Sprint joined the EPA “Change-a-Light” for energy conservation effort in
2009. Through our employee website, we asked employees to make a “pledge” to
change out at least one incandescent bulb to a more energy efficient CFL.
♦ In the first quarter of 2010, we expanded the distribution of our sustainability
newsletter, Sprint Re:source, to all employees. The newsletter includes an
executive perspective on Sprint sustainability efforts, an employee perspective,
and deep dives on corporate-sustainability topics such as device recycling,
hydrogen fuel cells, and paper-management issues.
♦ Sprint has a broad range of other employee engagement efforts for
sustainability such as personal-document shredding days, e-waste collection
drives, environmental-volunteerism events and recycling for batteries. We also
have a dedicated employee website, ECOnnect, where employees can learn more
about corporate-sustainability efforts and efforts they can adopt at home to live
a more environmentally responsible lifestyle.
Additional information about our environmental initiatives has been provided in Tab
VIII.
•
Buyback programs.
Since 2001, Sprint has collected more than 20 million mobile phones for reuse and
recycling through our Sprint Re:cycle programs. Sprint is the first and only wireless
carrier to announce a long-term goal for collections. Our target is to collect nine
phones for reuse and recycling for every 10 we sell by 2017, a 90% collection rate. We
plan to accomplish this goal by employing innovative collection strategies and offering
incentives to our consumers who participate in our Sprint Re:cycle programs.
Currently, we offer participating customers two options: get paid through Sprint
Buyback or “pay it forward” through Sprint Project Connect.
Sprint Buyback
An October 2009 ABI Research Brief on “Green Handsets” found that of 1,000
people surveyed who had not yet recycled a handset, 98 percent were prepared to return
handsets to an operator's store, to a charity, to a refurbishing company or to the
manufacturer – but only in return for some compensation, either cash, store credit or a
tax deduction. The Sprint Buyback program offers financial incentive to current and
new Sprint subscribers who turn in up to three eligible wireless devices, per active line
of service, per year. Sprint Buyback accepts all eligible wireless devices, regardless of
manufacturer or carrier, through its program, so customers who have an old phone
from a Sprint competitor can still be rewarded for doing the right thing. Customers can
take their unwanted phones to one of the Sprint stores nationwide, participate via the
Page 75
Western States Contracting Alliance
program’s Web site (www.sprintbuyback.com), or call the toll-free hotline (866-3645680). Shipping is free.
Sprint Project Connect
Project Connect is a free service that is available to anyone. It accepts all retired
wireless phones, batteries, accessories and data cards, regardless of carrier or condition.
All equipment collected through the program is either sold for reuse or recycled if the
phone is obsolete or non-functional. Participation is easy and convenient. Free postagepaid envelopes are available at any of the Sprint stores in the U.S. and in the box with
most of the new devices that Sprint sells, including data cards. In addition, free postagepaid mailing labels can be printed through our Project Connect website:
www.sprint.com/responsibility/communities_across/project_connect.html?ECID=vanity
:projectconnect
All net proceeds generated from the sale of equipment collected through Sprint Project
Connect go to fund and promote free Internet safety resources for kids, parents and
educators. Charitable partners include the National Center for Missing & Exploited
Children, Boys & Girls Clubs of America, the NEA Health Information Network, and
the Family Online Safety Institute. To learn more about Sprint's 4NetSafety program
and how we’re helping kids to make safer, more informed decisions when using
technology to connect with others, go to our website at www.sprint.com/4netsafety/.
Sprint Re:cycle Operations
Rather than rely on other vendors to manage all of the back-office operations of its
reuse and recycling programs, Sprint has put in place environmentally rigorous
operations to support its Sprint Re:cycle efforts. Our objectives are to maximize reuse,
extract the maximum salvageable material from collected devices, ensure that no ewaste enters the general waste stream, and protect the personal data of wireless users
through effective data removal.
3.5.25 Define how you will improve coverage to using entity offices (buildings/facilities/sub-ground
level offices, etc.) that experience inadequate wireless voice service. Identify all basic
equipment provided as necessary for your standard operation within your wireless network.
Provide in your cost proposal, any hourly rates or other associated costs for on-site
installations that may be necessary.
Should any WSCA member encounter a situation where they lack in-building or on-campus
coverage, our Custom Network Solutions (CNS) group can provide custom coverage
solutions for that member. The CNS group extends Nationwide Sprint and Nextel National
Networks and Sprint 3G and 4G into buildings and onto campuses to deliver the power,
productivity and efficiency of Sprint’s voice and data communications wherever WSCA
members need it. Before other carriers even considered in-building services and solutions,
Sprint created the CNS group to meet businesses increasing needs for mobility, and the
group has had the same commitment to in-building and campus-wide convergence services
for more than nine years.
The coverage solution shall be subject to a separate CNS agreement with separate terms,
conditions and fees, including but not limited to capital contributions and/or purchase
commitments.
Additional information about our CNS capabilities has been provided in Tab VIII.
Page 76
Western States Contracting Alliance
3.6
Broadband Support Services (Band 2)
3.6.1
Provide quality wireless broadband services at the lowest cost available in a timely and
efficient manner.
The Sprint Mobile Broadband Network (inclusive of data roaming) reaches more than 272
million people, 18,701 cities and 1,846 airports. In October 2006, Sprint became the first
carrier to deploy its mobile broadband network with faster, third-generation Evolution Data Optimized Revision A (3G EV-DO Rev. A) technology commercially. Today, the vast
majority of the Sprint Mobile Broadband Network has been upgraded to faster EV-DO Rev
A technology. Sprint is the only carrier to offer wireless SLAs, and we’ve never had to pay
out on them. Sprint tested as the most reliable 3G network among US carriers in a recent
13-city 3G performance test conducted by PC World. Sprint’s data network performed more
reliably than AT&T’s in every region of the country and in every city within each region.
Sprint 4G Services promises to bring faster speeds (up to five times faster than current
third-wireless devices) and greater mobile Internet convenience to customers. It will enable
a completely new range of devices, applications and
uses for our customers. What this means is a new
4G NETWORK FEATURES
interactive communications, high-speed Internet
browsing, social networking tools, local and
♦ WiMAX has been tried and tested
for two years
location-centric services and multimedia services
♦ Already providing service to over 1
including music, video, mobile TV and on-demand
million users in over 70 markets
products through the Internet.
To meet the challenge of wirelessly connecting to
corporate LANs, Sprint offers Sprint Mobile Access
Solutions, a set of complete and truly integrated,
transport-agnostic mobility solutions that take
advantage of our Sprint 3G and 4G1 networks and
our industry-leading Tier 1 Global IP backbone to
provide carrier-grade connectivity solutions to
WSCA employees and remote offices.
♦ Provides clear migration plan from
3G infrastructure
♦ Higher
latency
bandwidth
with
lower
♦ Already supports many handsets,
connection cards and embedded
devices, such as netbooks and
tablets
Sprint Mobile Access Solutions can help WSCA increase staff productivity and customer
satisfaction by enabling your employees to access information for customers faster than
ever and from wherever they are. Through a comprehensive portfolio of products and
services, Sprint Mobile Access Solutions can meet your growing and diverse needs to do
business wherever you are.
Components of Sprint’s Mobile Access Solutions include:
Sprint SmartView
Sprint SmartView is a single software connectivity solution for securely connecting to your
corporate LAN or other networks using a remote device client – via multiple Internet access
types. With Sprint SmartView, WSCA employees can access and/or manage your corporate
network environment via Sprint 3G and 4G, Wi-Fi and Sprint International GSM roaming2
networks.
1
2
Where available
For compatible devices
Page 77
Western States Contracting Alliance
Sprint SmartView works across Windows platforms (including XP, Vista and 7) and Apple
platforms (including Mac OS X – Tiger, Leopard and Snow Leopard) and also supports
GPS, multiple VPNs and additional applications that can be customized to meet WSCA
specific needs.
Sprint SmartView
Sprint Data Link and Wireless WAN
Sprint Data Link and Wireless WAN - Sprint Wireless WAN represents a flexible, low-cost
solution that can provide WSCA with a competitive advantage
o
o
As a primary access solution
o Reduce costs – more cost effective when compared to traditional circuit
based solutions such as Frame Relay
o Improve cash flow and decrease risk– support credit card transactions in
remote locations and become less reliant on cash transactions
o Flexibility – reduces time-to-market and increases market penetration
As a back-up solution
o Cost effective – a low cost back-up to wireline access compared to ISDN
o Reduce risks – backs up mission critical applications required to drive cash
flow and serve customers
Managed Wireless WAN
Sprint’s Managed Wireless WAN is an extension of our Wireless WAN solution, an
alternative to traditional “wired” access services to the corporate WAN for WSCA remote
locations. With Managed Wireless WAN, Sprint’s Managed Network Services (MNS) team
can manage the Wireless WAN routers and antennae at your remote office locations,
providing a complete solution that requires no maintenance by WSCA IT staff.
Page 78
Western States Contracting Alliance
Static IP
Managing the remote devices on the wireless network is made simple by adding Static IP,
which enables access from the corporate enterprise for maintenance, software updates and
monitoring. A static IP address also allows for added security for creation of IP-SEC
Tunnels, firewalls rules and access lists that can be created specifically for your application
and access needs. Static IP is useful for applications that require two-way communications,
such as meter readers, video cameras, electronic billboards, tracking devices, routers and
Web servers. By adding Static IP to a phone or data device, WSCA can enable such
applications.
Phone-as-Modem (PAM) Connectivity Solution
With Sprint’s Phone-as-Modem Connectivity Solution, WSCA mobile workers can tether
their smartphone to their laptop to enable Internet access where wireless hotspots are not
available. Using a 3G single-mode or 3G/4G dual-mode smartphone as a modem is an easy
process via the USB cable that is included with the phone. Newer models can share the
wireless connection via WiFi, effectively functioning as a small-scale wireless hotspot. A
PAM-supported service plan is required.
Page 79
Western States Contracting Alliance
Sprint Connection Card
By plugging your Sprint Connection Card into your
computer, WSCA mobile employees can download large
files or conduct/participate in video conferences without
the lag time normally experienced on slower networks.
With access to the ultra-fast speeds, easy step up and
compatibility with Windows and Mac operating systems,
it’s a perfect portable solution for both personal and
business use.
Embedded Mobile Computing Solutions
Sprint has partnered with leading manufacturers to build mobile broadband components
directly into powerful, cutting-edge devices. Our embedded mobile computing solutions
extend Sprint’s wireless portfolio beyond handsets and other connection devices designed
for human-machine interaction to offer a broad range of wireless solutions that include
machine-to-machine interaction (M2M). Sprint’s Embedded Mobile Computing Solutions
combine the following three elements:
♦ Devices – Sprint works with leading Original Equipment
Manufacturers (OEMs) to bring to market the highest
quality equipment.
♦ Wireless Network – Sprint is the first carrier able to offer
both 3G and 4G networks
♦ Software Infrastructure – Through our relationships with
Industry Solution (IS) Partners, Application Partner
Programs (APPs) and Technology Partners, Sprint brings to market mobile
applications designed to meet the unique needs of several strategic verticals.
Sprint M2M Services3
Sprint M2M Services are high-speed wireless connectivity solutions where one or both ends
of a connection are devices whose primary function is the transfer of real-time wireless data
through embedded wireless, local or wide-area networking. Applications of M2M include
Fleet Management, Asset Tracking, Metering, Security, Vending, Remote Monitoring,
Emergency, Public Transport and more.
Mobile Router Solutions
With Sprint Mobile Router Solutions, WSCA users can create a secure Wi-Fi network for
multiple users to access the Internet. Routers run off a single mobile device to share the 3G
or 4G wireless data signal, via Wi-Fi or Ethernet. The Wireless Router, an activated 3G
single-mode or 3G/4G dual-mode modem and a Sprint data plan are all you need to create
instant Wi-Fi hotspots anywhere you need to access the Internet.
Sprint Personal Hotspot PHS300S
Sprint Personal Hotspot PHS300S brings Sprint 3G
and 4G networks to a wealth of Wi-Fi devices that
were not able to use it before, including Apple’s
iPhone, iPod Touch, Roku Digital Video Player, Apple
TV, Wi-Fi enabled smart phones, laptop computers, netbooks, PDAs, portable gaming
systems and consoles, and digital cameras. Sprint Personal Hotspot PHS300S allows 4
3
Sprint M2M is not available on Sprint 4G Network
Page 80
Western States Contracting Alliance
Simultaneous Connections and supports the Sprint U301 and 250U by Sierra Wireless for
3G and 4G. It works with over 30 Sprint 3G Enabled Devices and is completely portable
and upgradeable for future enhancements.
Cradlepoint MBR1200 Broadband Router
The Cradlepoint MBR1200 Failsafe Gigabit N Router is a robust Wi-Fi (802.11n) router
with 3G and 4G failover capabilities. Built for home, small business, branch offices,
temporary and remote environments seeking to implement continuous, always-on
connectivity. With its failover/failback capability, the MBR1200 automatically switches to a
secondary connection (either wired or wireless) when the primary service is interrupted.
Once the primary service is restored, the MBR1200 will automatically return to the primary
connection – keeping the WSCA employees online with minimal interruption.
Why Sprint Mobile Access Solutions?
Sprint is committed to pursuing multiple technology solutions that enhance and expand the
experience of our customers. Sprint Mobile Access Solutions are not only interoperable
with existing network architectures but also enable opportunities for future scalability
requirements with a clear migration path to emerging converged wireless and wireline
technologies.
WSCA can take advantage of our capacity to provide a complete solution. As a recognized
leader in nationwide 3G wireless, the first national carrier providing 4G wireless services, a
major global carrier of wireline IP traffic, and the country’s premier provider of push-totalk, Sprint proudly delivers it all. Add to this an array of converged IP products, mobile
phone GPS services, and an array of application partners, and Sprint is ideally suited to
stay ahead of the curve. In addition, WSCA members can realize the cost effectiveness of
integrating both wireless and wireline service and support from a single provider. Our
integrated wireless and wireline service and support allow WSCA members to steer clear of
the traditional patchwork of networks and providers that all-too-often invites security
concerns, compatibly issues, and management challenges. A better breed of truly integrated
access: that is the power of Sprint Mobile Access Solutions.
Please see Attachment B1 in Tab V for Sprint’s additional exception and clarification to
this requirement.
3.6.2
Establish and provide a set of “standard” plans for broadband services.
WSCA members will be able to select from tiered Connection Card plans. Sprint is
proposing a 3G Unlimited Broadband Connection Card Plan, a 3G 5 GB / 4G Unlimited
Connection Card Plan, a 5GB Embedded Device Plan (netbooks) and a 3G Table Plan
(2GB). Pricing is provided in the Cost Proposal.
3.6.3
Define your statewide and national Broadband Services coverage by each state.
The Nationwide Sprint Network is built on a single, digital technology, allowing WSCA
members to expect the same features and consistent service levels almost anywhere they
travel on our nationwide network. Nearly this entire network now provides 3G data service.
Including roaming and partner networks, Sprint’s wireless voice and data coverage is
currently available to over 276 million people in the United States, including Puerto Rico
and the U.S. Virgin Islands. 277 million of these people can enjoy 3G data speeds in their
Page 81
Western States Contracting Alliance
home location. Across the country, the Sprint 3G Network reaches 19,682 cities and 1,960
airports.
The following map of the continental U.S. shows Sprint coverage across the country and
whether the coverage is provided by Sprint or a roaming partner. It also shows where the
data coverage is 3G, 4G, other data coverage. 4G areas also have 3G coverage.
=
Nationwide Sprint Network Coverage
State coverage maps have been provided on CD and in hard copy in a separate binder due
to the size of the files.
3.6.4
Provide detailed in-network (no roaming) data services coverage (including available
coverage maps) for States, with an overlay of counties and major highways. Coverage maps
must correspond to the basic no cost handsets provided (i.e., the basic handset must be able to
access the internetwork areas defined in the coverage maps without incurring any roaming
charges when calling within the calling plan locations).
Sprint does not charge for domestic roaming for broadband services. The maps provided on
CD and in hard copy depict each state’s coverage, including roaming, as well as county
lines and major highways.
3.6.5
Provide detailed national in-network (no roaming) data services coverage national maps, with
an overlay of states, counties and major highways. Coverage must correspond to the basic no
cost handsets provided (i.e., the basic handset must be able to access the internetwork areas
defined in the coverage maps without incurring any roaming charges when calling within the
calling plan locations).
Sprint does not charge for domestic roaming for broadband services. The maps provided on
CD and in hard copy depict the Nation’s and each state’s coverage, including roaming, as
well as county lines and major highways.
Page 82
Western States Contracting Alliance
3.6.6
Provide updated coverage maps as described above upon request.
Sprint will provide updated coverage maps upon request.
3.6.7
Notify each State’s designated key contact at least five days in advance of any planned service
outages and/or scheduled maintenance. This notification must include impacted coverage
areas and an estimate of the outage timeframe.
Please see Attachment B1 in Tab V for Sprint’s additional exception and clarification to
this requirement.
Sprint plans downtime for both wireless and wireline networks when it would least
affect WSCA members’ service. For IP services, Sprint schedules maintenance
identified as “customer impacting” on Monday between 1 A.M. and 5 A.M. local
time for U.S. customers and on Saturday between 12 A.M. and 6 A.M. for
international customers.
Wireless and wireline maintenance takes place 11 P.M. – 6 A.M. Sunday through Thursday.
Customer impacting from 1 a.m. to 5 a.m. Maintenance activities not expected to affect
WSCA members are scheduled between 11 p.m.-6 a.m. local time. For, IP based services
including MPLS the standard maintenance window is Monday between 12 a.m. – 6 a.m.
and 12 a.m. – 6 a.m. on Sunday for International locations.
Customer impacting activities are changes that cause:
♦
♦
♦
♦
Degradation to voice services
Degradation to provisioning
Degradation to data services
Planned Downtime Customer Notification**
To ensure the impact is minimal, Sprint notifies customers at least 14 days before any
scheduled wireless and wireline network maintenance that could affect WSCA members’
service.
Occasionally, it is necessary to perform demand or emergency maintenance to prevent an
outage condition. Sprint performs demand maintenance during the next available
scheduled maintenance window and emergency maintenance is performed immediately.
Unplanned Downtime Customer Notification**
To partner better with WSCA, Sprint sends notification within 45 minutes of realizing a
wireless or wireline network event has occurred. Sprint sends a message to each
appropriate state contact at the onset of the event. This message includes event type, start
and end dates and times, areas and platforms affected, and customer impact.
**To receive notifications, each state contact must be subscribed to the Customer
Notification Service. Each WSCA member’s representative can work with their Sprint
Account Team to subscribe.
What States Can Do to Ensure Customer Notification
Each WSCA member can request to enroll for the customer notification service via our
online notification service for no additional cost. With Customer Notification, states can
Page 83
Western States Contracting Alliance
receive timely notifications via e-mail and/or text messages to wireless devices (U.S. only),
or both, depending on preference. This service provides alerts on ticket events, network
events and scheduled maintenance.
Customer Notification supports:
♦ All wireless voice and data products
♦ IP Products (dedicated IP, MPLS, SprintLink Frame)
Up to 100 employees from each member agency can receive Customer Notifications. Each
WSCA member may choose to receive Customer Notification for specific times or days of
the week; select notification messages for specific locations; and/or designate geographic
regions for which wireless notifications messages may be sent.
Customer Notification is sent via our Enterprise Notification System (ENS) for planned and
unplanned downtime on the Sprint Wireless Network.
3.6.8
Describe an ongoing process to improve coverage for areas that are having inadequate or less
than 50% coverage. Provide timeline of anticipated improvements.
Sprint’s current expansion plans for the Nationwide Sprint Network (CDMA) and Nextel
National Network (iDEN) focus on addressing any capacity issues or coverage gaps at the
market level. Much of the current focus is on upgrading our few remaining CDMA 1x data
sites to EVDO rev A.
Sprint also continues to add cellular voice and data carriers as warranted by our capacity
analysis in existing coverage areas or as market conditions suggest desirable new coverage
locations. However, most of Sprint’s current wireless expansion plans are focused on Sprint
4G.
Should any WSCA member encounter a situation where they lack in-building or on-campus
coverage, our Custom Network Solutions (CNS) group can provide custom coverage
solutions for that member. The CNS group extends Nationwide Sprint and Nextel National
Networks and Sprint 3G and 4G into buildings and onto campuses to deliver the power,
productivity and efficiency of Sprint’s voice and data communications wherever WSCA
members need it. Before other carriers even considered in-building services and solutions,
Sprint created the CNS group to meet businesses increasing needs for mobility, and the
group has had the same commitment to in-building and campus-wide convergence services
for more than nine years.
Additional information about our CNS capabilities has been provided in Tab VIII.
3.6.9
Identify all basic equipment provided as necessary for vendor’s standard operation within
Contractor’s wireless data network for all subscribers (new activation or regular contract term
subscribers). This shall include, but may not be exclusive to, voice handset, AC power
charger/adapters and compatible hands-free accessory(s).
WSCA members may continue to utilize any existing Sprint wireless devices in order to
continue Sprint service. All current devices, their features, included accessories and pricing
has been provided in Cost Proposal.
Page 84
Western States Contracting Alliance
3.6.10 Allow for a designated trial period for testing/evaluating equipment without additional charges
or fees. Designate the timeframe for the ‘trial period’ and procedures for implementing this
policy.
Sprint will provide a predetermined number of demo units for a predetermined length of
time for WSCA members. The number of demo units and length of time will depend on the
local market availability and types of services requested from the WSCA member. For
wireless handsets, the typical length of time is two weeks to 30 days. Other types of devices
will vary.
3.6.11 Indicate if Contractor is anticipating migration to new or different technology. If so, identify
the changes that subscribers shall anticipate proposed timeline and plans to ensure a smooth
transition to the new technology.
The next generation of mobile broadband, Sprint 4G network, offers turbocharged speeds,
higher capacity and reduced network latencies compared to 3G networks. Sprint 4G
represents a shift in the way people use mobile broadband. Businesses, consumers and local
governments can extend their full Internet experience beyond home or office use with
average speeds of 3-6 Mbps downlink and 350-500 Kbps uplink (peak speeds up to 12 Mbps
downlink and 5 Mbps uplink). These speeds, combined with latencies of approximately 80 to
100 milliseconds, enable many higher-bandwidth and latency-sensitive applications that are
poorly served by 3G networks.
Sprint 4G is rapidly being deployed across the nation, with current coverage in over 70
markets. Today, the Sprint 4G network is powered by WiMAX. With WiMAX and its global
ecosystem, a clear spectrum advantage and a comprehensive migration plan to evolve from
our current 3G infrastructure, all the pieces to drive the global evolution of wireless
broadband are in place years ahead of the competition.
In addition to performance, benefits of Sprint 4G include:
♦ Cost Savings. Tremendous cost advantages can be realized from the low-complexity
design, all-IP foundation and economies of scale.
♦ Embedded Devices. Low cost chipsets embedded into laptops and other consumer
devices will help expansion into consumer electronics and drive the next wave of
broadband applications.
♦ Dual-mode 3G/4G Mobile Devices. Devices that offer the coverage of the Sprint 3G
network while harnessing the turbocharged speeds on the new Sprint 4G network
As the first national wireless carrier to offer customers 4G service and to offer access to
both Sprint 3G and 4G networks on one device, Sprint will continue to lead in mobile
broadband deployment. Wherever WSCA members are traveling, chances are they can
leverage Sprint 3G and 4G networks to conduct their duties.
Sprint takes pride in its ability to balance customers’ needs for innovative services and a
network free of service disruptions often associated with integrating new feature sets.
Sprint’s approach to new technologies is focused on leveraging our integrated network,
performing “behind-the-scenes” upgrades, and employing gradual migrations when
necessary to implement our most sophisticated new technologies.
Page 85
Western States Contracting Alliance
One of the advantages of Sprint over other nationwide wireless providers is the integration
of our voice and data networks. Users do not need frequent handset replacements or risk
reduced coverage whenever enhancements are added to equipment or services. Our tight
integration typically results in fewer necessary major upgrades in each subscriber market to
implement sophisticated new features. For instance, our data services are not reliant upon
complex network overlays to provide our diverse array of data services such as two-way
messaging, Java applications, and other online features. Rather, our cell sites, switching
centers, and other network elements work in unison to offer fully integrated services to our
customers.
Because of our network architecture, many of our mobile technology upgrades are
accomplished without disrupting our customers’ experience. Many carriers require an
upgrade program to protect their customers against devices becoming obsolete due to
changes in technology. Sprint devices are “backward compatible” - with feature and
capability upgrades predominately network-based. Current Sprint devices will continue to
function seamlessly as network upgrades are performed (some will require a software
upgrade to the handset, completed at Sprint’s retail stores nationwide at no cost or OverThe-Air on most devices.)
Connection Cards will automatically download software and firmware upgrades. As Sprint
upgrades network elements, new packages are loaded to Sprint’s auto-update server. The
subscriber’s laptop software occasionally checks this server and the subscriber is prompted
to download and install the upgrade(s).
Regardless of any future technology integrations requiring customer action, Sprint will
coordinate with our customers to help eliminate service disrupting events, which would
lessen our subscribers’ overall wireless communications experience.
Please see Attachment B1 in Tab V for Sprint’s additional clarification regarding Section
3.6.11.
3.6.12 Describe repair/replacement procedures/processes in detail for the following situations
(including description of forms and information required):
WSCA members can protect their wireless assets with Sprint’s options for device
replacement and repair. Below, we have provided an overview of each of our repair
options.
Total Equipment Protection
The best value for WSCA members to protect their equipment is Sprint’s Total Equipment
Protection. This coverage combines the protection offered in the Equipment Replacement
Program and the Equipment Service and Repair Program for devices active on the Sprint
account at the time of the incident.
Total Equipment Protection provides insurance coverage for active Sprint devices from loss,
theft, physical or liquid damage, plus provides service contract repair or replacement for
mechanical or electrical problems, normal wear and tear and routine maintenance.
Customers are allowed three Equipment Replacement Program insurance replacements in
any 12-month period, with a non-refundable deductible for advanced wireless devices, for
each approved request. Repairs or replacement under the Equipment Service and Repair
Program are at no additional charge. Replacement of equipment will be of the same or a
comparable model. Replacement equipment may be reconditioned.
Page 86
Western States Contracting Alliance
TEP Key Benefits for Businesses
♦ All phone issues are covered for a predictable monthly expense. Corporate-liable
(CL) customers may receive a discount per enrolled device, depending on volume.
♦ CL customers who want to enroll 10+ lines can do so at anytime – the 30-day
enrollment restriction is waived.
♦ TEP enables employees covered by CL accounts to resolve issues without going
through their company administrator – they can visit a store or contact Care to
resolve their issues directly.
♦ Sprint has service locations throughout the country to support repairs; subscribers
can access service conveniently and not risk being without their phone and losing
contacts and other content.
♦ The loss, theft or physical claim process is fast and convenient on
www.phoneclaim.com, with instant claim approval and email notification. Phones
are replaced quickly to lessen the impact of missed business opportunities.
Replacement phones are delivered the next day if the claim is filed by 10:00 pm CT.
♦ Specific high-risk or high-cost devices can be protected – not all phones on the
business account must be covered.
Replacement and Repair Programs
Either of the two programs included in Total Equipment Protection are available
separately:
♦ Equipment Replacement Program. The Equipment Replacement Program,
underwritten by Continental Casualty Company, covers the replacement of your
Sprint or Nextel device in the event of loss, theft, physical or liquid damage.
Subscribers are allowed 3 replacements under this program in any 12-month
period. A non-refundable for advanced wireless devices, applies for each approved
replacement.
♦ Equipment Service & Repair Program. The Equipment Service and Repair
Program covers the service and repair or replacement of your Sprint or Nextel
device for mechanical or electrical problems, normal wear and tear and routine
maintenance. The malfunctioning device must be turned in at the time of
replacement.
Individual Service Options
Service and Repair Centers, conveniently located around the U.S., provide programs for
equipment repairs. The following table describes service and repair options and related
charges if you choose not to enroll in one of the Equipment Protection Programs.
Option
Turnaround
Price
Sprint Phone Repair Center Service
1-3 business days
Without TEP or ESRP, a perVisit one of 400 Sprint Phone Repair
incident service will be charged
Not
all
phones
are
eligible
Centers for face-to-face service. For the
for both in-warranty and out of
nearest location, visit
warranty service.*
www.sprint.com/storelocator
Customer Care
1-3 business days
Without TEP or ESRP, a perCall Customer Care for self service and
incident service fee will be
All devices ship standard
request a replacement for a defective or
charged for both in-warranty
overnight
non-working phone.
and out of warranty service.*
*Service Fee covers devices with mechanical or electrical failure due to defect, normal wear and tear,
missing components, cracked housing/LCD, or broken hinges/ports/lenses.
Page 87
Western States Contracting Alliance
Not Covered: Lost or stolen devices, liquid damage or corrosion, battery, accessories and
damage beyond repair.
Repaired or replaced equipment is covered from hardware or software failure for 30 days.
Customers will receive a repaired or replaced unit at no charge if the equipment exhibits
software or hardware failure within 30 days from time of original repair. The Service
Center determines whether the equipment is repaired or replaced. The customer must
return to the original repair location for this policy to apply.
3.6.12.1 Provide in detail, the length and terms of the warranty/maintenance and service
provided with piece of equipment/device/accessory;
All Sprint Nextel devices and accessories come with a limited one year
manufacturer’s warranty. The manufacturer warranty begins when the Sprint or
Nextel device, Sprint Mobile Broadband Connection Device, or accessory is
activated. Warranty details are provided in the device packaging and are available
at www.sprint.com for download. Warranties are exclusive to the manufacturer and
are submitted directly to the manufacturer by the customer. To be considered for inwarranty coverage, it must meet all of the following three criteria:
4. Phone is within the first 12 months of ‘Original Activation Date’.
5. The issue is a mechanical or electrical failure of the phone.
6. The phone shows no signs of liquid damage, customer abuse and/or other
physical damage.
Alternatively, customers can receive warranty service at more than 400 Service
and Repair locations nationwide for a convenience fee.
In addition to the warranty provided by the manufacturer, Sprint offers optional
plans to cover WSCA equipment for non-warranty claims. Total Equipment
Protection (TEP), a combination of the Equipment Service and Repair Program
(ESRP) and the Equipment Replacement Program (ERP), covers all handsetrelated issues except fraud and intentional abuse. TEP is the best value; however,
both ESRP and ERP are available separately. The repair fee is waived if enrolled
in these programs.
ESRP includes coverage for mechanical or electrical failure, routine
maintenance or failure from normal wear and tear. ERP includes insurance for
loss, theft, physical damage, liquid damage or corrosion. TEP, ESRP or ERP
may be added to your line within 30 days of activating or upgrading your device,
at the time of a paid repair or at any time when enrolling 10 or more lines on the
same account.
3.6.12.2 Repair of equipment with new standard parts or parts of equal performance to new
parts;
Our service and repair options are described above. New or equal performance
parts will be utilized for repair.
3.6.12.3 Repair/replacement parts for all equipment covered under warranty;
Page 88
Western States Contracting Alliance
All Sprint Nextel devices and accessories come with a limited one year
manufacturer’s warranty. The manufacturer warranty begins when the Sprint or
Nextel device, Sprint Mobile Broadband Connection Device, or accessory is
activated. Warranty details are provided in the device packaging and are
available at www.sprint.com for download. Warranties are exclusive to the
manufacturer and are submitted directly to the manufacturer by the customer.
3.6.12.4 Detail all situations where States may/will incur cost of repairs/replacement for
equipment, i.e., shipping, gross neglect of equipment by subscriber, etc.;
The service and repair plan options provide the requested information above.
Related pricing is provided in Cost Proposal.
3.6.12.5 Repairs for out of warranty equipment (i.e., discounted pricing for repairs);
Our service and repair options provide options for both in-warranty and out-ofwarranty repair options are described above.
3.6.12.6 Repairs/replacements/loaner equipment in which replacement equipment will be
new or factory refurbished; and
Repairs and replacements will utilize new or like new equipment. Loaner devices
are not part of the service and repair options described above.
3.6.12.7 Walk-in repairs at retail stores.
Information regarding the walk-in repair option is provided above.
3.6.13 Enclose all warranty information with all equipment at the time of delivery/shipment, and
provide additional warranty information as requested by the subscriber.
All device shipments will contain warranty information. Additional information can be
found on sprint.com or requested from each member’s Sprint Account Team. Sprint does
not manufacture equipment and offers no warranty on any equipment beyond the
manufacturer’s warranty provided directly from the manufacturer to the Customer upon
receipt of the equipment. Sprint products and services are provided “as is.” Sprint disclaims
all express or implied warranties and in particular disclaims all warranties of
merchantability, fitness for a particular purpose, and warranties related to equipment,
material, services, or software.
3.6.14 For each of equipment/device/accessory, submit a full listing of walk-in service/repair center
locations in each respective state, with qualified personnel to repair the equipment on site that
will manage all service and repairs under agreement. Include contact name and phone number
for each location.
Sprint has over 400 service and repair centers around the country. We have provided this
information on CD due to the size of the file.
3.6.15 Have the ability to provide wireless data services for any equipment that has wireless voice
service capability. List the equipment supported by your company and the supporting wireless
data services; include a brief description of all services.
Page 89
Western States Contracting Alliance
Sprint offers several Mobile Broadband Connection devices to help mobile workers get the
data they need no matter where they are - Now. Combined with Sprint Mobile Broadband
Plans, employees can wirelessly access their e-mail, the corporate network, and the Internet
on the Nationwide Sprint CDMA Network. In areas where Sprint Mobile Broadband
Service (EVDO) is not yet available, connection cards run at speeds averaging 50-70 kbps
(peak speeds of 144 kbps).
With Sprint’s Phone-as-Modem Connectivity Solution, WSCA members’ mobile workers
can tether their smartphone to their laptop to enable Internet access where wireless hotspots
are not available. Using a 3G single-mode or 3G/4G dual-mode smartphone as a modem is
an easy process via the USB cable that is included with the phone. Newer models can share
the wireless connection via Bluetooth, effectively functioning as a small-scale wireless
hotspot. A PAM-supported service plan is required.
Currently available Sprint Mobile Broadband devices:
Connection Cards
Sprint 3G/4G USB U600
♦
♦
♦
♦
♦
♦
♦
♦
♦
Sierra 250U
3G/4G Dual Mode
♦
♦
♦
♦
♦
♦
Sprint 4G USB U1901
Features
Sprint 3G & 4G compatible
Built-in Antenna, External Ports
Sprint SmartView
270-degree rotating USB connector makes it easy to plug into
any USB port.
AutoConnect (NDIS)
Compatible with Windows 7 in compatibility mode, Windows
Vista, Windows XP, and Mac OS 10.5, 10.6 w/Intel Platform
Frequency: CDMA Dual Band 800/1900 MHz, GPS 1.5GHz LBand, WiMAX 2.5 GHz
GPS-Enabled
Hands free activation
Access to 3G and 4G (where available) Networks Chipset
(Qualcomm): MSM6800 130 nm
MBB Solution- Can be paired with router for fixed home/biz
internet solution
Operating System- Compatible with Windows 7/Vista/XP/MAC
10.5, 10.6
Windows vista/XP/2000
Sprint Location Services, GPS enabled
Built-in antenna
♦
♦
♦
Sprint 4G compatible
Easy installation and activation
Supports Window 7, Window Vista, Windows XP, Mac OS X,
including Snow Leopard
♦ Sprint SmartView
♦ External antenna ports
♦ Equipped with two external ports that plug into the Sprint 4G
USB Performance Dock for an increase in signal strength Dock sold separately
Included Accessories
♦ USB port adapter, Get Started Poster, CD w/SSV 2.40
Page 90
Western States Contracting Alliance
Connection Cards
Sierra 598U
Ovation U760
by Novatel Wireless
4G USB U1901
Novatel Merlin C777
Features
Sprint 3G Network compatible
Integrated microSD slot – up to 32GB (sold separately)
Easy installation and activation
Sprint Location Services, GPS enabled
Security - CDMA wireless technology authentication and
identification system
♦ High performance built-in antenna
♦ Supports “suspend” and “resume”, “always on” and “autoconnect”
♦ Compatible with Windows Vista/XP and Mac OS X
Included Accessories
♦ Laptop clip with USB connection cable
♦ EVDO Rev A Mobile Broadband
♦ Compatibility with Windows Vista/2000/XP, Mac OS X version
10.4.11 or higher and Linux
♦ Security - CDMA wireless technology authentication and
identification system
♦ High performance built-in antenna, external antenna jack
♦ Supports “Always On”, Auto-Connect, faster connection time
and Intelligent Data Traffic Routing
Included Accessories
♦ Carrying pouch, Keychain/Lanyard, USB Extension Cable
♦ Fastest speeds —Get 4G speeds up to 10 times faster than 3G
speeds where available
♦ 4G single mode value — Take advantage of attractively-priced
4G-only service plan
♦ Operating system compatibility — Supports Windows & MAC
operating systems
♦ Easy to use — Small, transportable device with a flip-up USB
connector to easily plug into USB ports
♦ External antenna ports — Equipped with two external antenna
ports
♦ Easy installation of Sprint SmartView software on a CD for
Windows and Mac OS
♦ Supports Hands-Free Activation
Included Accessories
♦ USB port adapter, Get Started Poster, CD w/SSV 2.40
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
2-in-1 design fits PC Card and ExpressCard slots
Wireless EV-DO Rev A
Compatible with Windows Vista 32, 64, XP, 2000; Macintosh OX
X 10.4 x through 10.5x; Linux OS (e.g. Ubuntu 6.x, 7.10)
GPS Receiver
Antenna - built in, External Antenna Port
Mobile Hotspots and Computing
Sprint also offers two mobile hotspots, the Sierra Overdrive operating on both the Sprint 3G
and 4G networks and the Novatel MiFi 2200 hotspot operating on the Sprint 3G network.
Both hotspots offer Wi-Fi connectivity for up to five Wi-Fi enabled devices for flexible and
convenient connections for multiple PCs or Wi-Fi devices for remote and in the field
productivity. The following table includes Sprint’s current mobile hotspot devices.
Page 91
Western States Contracting Alliance
Connection Cards
Overdrive 3G/4G Mobile
Hotspot by Sierra
Wireless
Sprint 4G Desktop
Modem CPEi25150 by
Motorola
Airave
Airave 2.0 Access Point
Features
♦ 3G Sprint Mobile Broadband Network and Sprint 4G Networkcapable hotspot, Supports up to 3 simultaneous users
♦ Unique LCD screen displays signal strength, battery level and
network connection type
♦ GPS Navigation enabled
♦ Web browsing capable
♦ Memory card slot
♦ Accelerated, WiFi-like speeds on the 4G Network
♦ Improves in-building wireless signal
Included Accessories
♦ Wall charger, USB to microUSB cable
♦ Sprint 4G compatible
♦ WiMax Forum Certified
♦ Compact design
♦ Dual integrated antennas
♦ Best in Class Radio Performance
♦ Reliable indoor coverage
♦ High throughput
♦ Easy detection and authentication
♦ Robust security
Included Accessories
♦ Get Started Guide, Power Supply, Ethernet Cable
♦
A unique and ultra-small CDMA base station device that
connects to a mobile network through an existing broadband
connection and designed to provide enhanced coverage on the
Nationwide Sprint Network for the home.
♦ Much more than a signal boosting solution; Airave is a full
functioning, FCC-licensed cell tower that provides CDMA
wireless coverage for up to 3 CDMA handsets in a home.
♦ Increases cell reception over an area of about 5,000 square feet
and hooks into the user’s existing broadband connection,
sending inbound and outbound calls over the Internet instead
of over the Nationwide Sprint Network.
♦ Sprint Branded Femtocell product designed to create a
dedicated CDMA signal within the home or office through the
customer’s broadband Internet connection
♦ Works with any Sprint device
♦ Auto setup/Plug-N-Play
♦ Active handoff coming from the AIRAVE and going to the
Sprint 3G and Nationwide Sprint networks
♦ Private Home Designation allows the customer to control who
can use their AIRAVE Access Point.
♦ Analog Telephone Adapter port (ATA)-provides VoIP calling
from the home or small office.
♦ Customers can use their existing home phone equipment with
AIRAVE Access Point
♦ Support for EVDO/Rev A data-AIRAVE Access Point will
support EVDO/Rev A data speeds when in range of AIRAVE 2.0
♦ Increased number of simultaneous users to 6;
♦ Voice and Data Quality of Service (QoS)-built-in router
prioritizes voice traffic above data traffic.
Included Accessories
♦ Power supply, External GPS antenna, Cat 5 Ethernet Cable 7'
Page 92
Western States Contracting Alliance
♦
Dell Inspiron Mini 10
(1012)
Dell Inspiron 11z
Galaxy Tab
ZTE PEEL
3G - Mobile Broadband EVDO Rev A capable / Qualcomm Gobi
2000
♦ 4G - Mobile Broadand WiMAX capable / Intel Kilmer Peak
♦ Intel Atom Processor N450
♦ OS = Windows® 7 Starter – 32 bit
♦ SSV 2.50.38
♦ 10.1” Widescreen Display (1024x600)
♦ 1 GB Memory 250GB Hard Drive
♦ Intel Graphics Media Accelerator 3150 Video Card
♦ Standard Li-Ion Battery – 6 Cell
♦ Built-in 1.3MP webcam
♦ 3-in-1 Flash memory reader supporting
SD/MMC/MS/MSPro/SDHC
Included Accessories
♦ Battery, Power Charger for Dell Inspiron Mini 10 (1012), User
Guide(s) (paper & CD’s)
♦ Access to 4G speeds that are up to 10x faster than 3G
♦ Dual-mode 3G/4G device, access to dependable 3G speeds and
accelerated 4G speeds where available
♦ 2GB Memory, expandable to 4GB, 250 GB hard drive
♦ 3G speeds where available
♦ Genuine Windows 7 Home Premium - 64-bit
♦ Intel Core i3-330UM Processor
♦ Web browsing with Flash
♦ Music capable
♦ GPS Navigation enabled
♦ Web browsing capable
♦ Email capable
♦ Camera
♦ Memory card slot
Included Accessories
♦ 6 Cell Battery, Power Cord, User Guide
♦
♦
Portable 7-inch Touchscreen
Full HTML web browser with Google Search and Flash Support
(Adobe 10.1)
♦ Android 2.2 with enhanced user interface- Touch Wiz
♦ Samsung Media Hub – delivering movies for purchase and
rental
♦ Dual Cameras- 1.3 MP Front facing and 3.2 MP Rear facing
♦ Mobile Hotspot -Connect up to 5 WiFi-enabled devices
♦ WiFi and GPS Capable
♦ Supports Hands-Free Activation via OMA-DM
♦ Stereo Bluetooth Wireless technology (2.1)
♦ 4000mAh Lithium Battery for up to 13 hours of continuous use
Included Accessories
♦ Standard Li-Ion Battery 4000mAh, Travel Charger (Combo with
USB cable), 16 GB microSD card & adapter
♦
Connect your Apple iPod Touch to the Internet no matter where
you are
♦ Supports iPod Touch 2 & 3 generation
♦ 3G Internet access wirelessly
♦ WiFi enabled- up to 2 devices
♦ Advanced security through WPA,WPA2,WE
♦ No software installation required
♦ Internal Antenna
Included Accessories
♦ AC Charger, Headset Adapter
Page 93
Western States Contracting Alliance
3.6.16 Provide priority data service to State employees with critical job duties that are responsible for
responding to disaster/emergency event.
Sprint does not currently offer priority data service.
3.6.17 Able to activate equipment and wireless data service within 24 hours after request in the event
of a State disaster/emergency.
Sprint can provide immediate activations during disasters/emergencies. Additional
information about our emergency response capabilities is provided in Tab VIII.
3.6.18 Detail procedures required applying for and initiating priority status service.
Sprint does not currently offer priority data service.
3.6.19 List all fees associated with priority service.
Sprint does not currently offer priority data service.
3.6.20 Have the ability to provide wireless data services that have wireless voice service capability.
List the equipment that is not supported by your company and the supporting wireless data
services; include a brief description of all services.
Our equipment has been listed in 3.6.15, above. Sprint can support any Sprint or Nextel
device, or embedded devices that have carrier agnostic chipsets. For those embedded devices
we cannot support (i.e.: have carrier-specific chipset), we can offer Sprint Connection
Cards. Devices that do not support CDMA or WiMax mobile broadband connectivity would
not be compatible with Sprint’s Mobile Broadband networks.
3.6.21 Describe whether you will be using partners or resellers for this contract. If so, provide any
necessary certification with response, and a list of recommended resellers.
Sprint has agreements with thousands of Authorized Indirect Dealers throughout the
country that offer customer support through sales offices, repair centers and retail store
locations.
To find a Sprint store near you, visit www.sprint.com/storelocator. WSCA members may
visit any Sprint Authorized Dealer for support.
3.6.22 Define any value-add services as part of your offering in your response. This may include, but
not necessarily be limited to:
•
Satellite capabilities;
Sprint does not currently offer satellite services.
•
Emergency services;
In 2002, Sprint formed an Emergency Response Team (ERT) to provide critical
communications and personnel to assist first responders and corporations with relief
efforts.
Page 94
Western States Contracting Alliance
Sprint’s ERT is an experienced, cross-functional group that provides wireless
telecommunications equipment, infrastructure and personnel operations support to
military, federal, state and local public safety, law enforcement agencies and private
corporations during Presidential Declared Disasters/Emergencies, Field Training
Exercises, Agency-Specific Events and National Special Security Events. The ERT
designs and implements the internal policies and procedures necessary to enable timely
and effective deployments of Sprint’s products
and services.
The ERT utilizes existing
EMERGENCY RESPONSE TEAM
products and services in partnership with public
BENEFITS
safety agencies to provide a secure, stable
♦ Provides an easily deployable and
wireless
communications
platform
that
scalable set of voice, video and data
augments the capabilities of their existing
equipment
network and provides interoperability among
♦ Seamlessly augment government
other private radio networks during a crisis or
communication structures
short-term event.
♦ Provides programming, training and
ERT core members combine wide-ranging
military and federal law enforcement experience
with extensive technical communications
expertise, in conjunction with certifications in
Business Continuity, Homeland Security,
HAZWOPER and Project Management. ERT
core members encompass the following:
technical support
♦ Infrastructure Leasing (mobile cell
sites)
♦ Backup communications during T1 or
Dispatch failures
♦ Professional services, including preimplementation help, training, on-site
support, and network support
♦ 24 hour customer service
♦ Public Safety & Military Experience:
ERT members have served in a variety of operational positions as diverse as
Psychological Operations, Communications and Federal Investigations in the
Army, Navy, Marine Corps, Air Force, Police, Fire, and EMS.
♦ Security Clearances: ERT members hold security clearances, up to Top Secret,
with the Department of Defense and Department of Justice.
♦ Technical Communications Experience: ERT members have extensive
experience working on a variety of communications systems including 800MHz,
VHF, UHF, Satellite and IPoS. Additionally, the diversity of experience in
communications extends to Field Operations, Network Operations, Audio Cross
Connect Switch Deployment, System Performance and Radio Frequency
Design.
ERT has deployed in support of over 700 federal, state and local Public Safety, Law
Enforcement and Military organizations in over 3800 deployments throughout the
United States. The four types of deployments that Sprint’s ERT has supported include
Disaster Support, Field Training Exercises, Agency Specific Event Support and
National Special Security Event support.
These services may require WSCA members to sign separate terms and conditions
outside of the WSCA Master Agreement.
Please see Tab VIII for detailed information about our emergency services.
Page 95
Western States Contracting Alliance
•
Green initiatives; and
Sprint believes it is essential to engage with its employees on the full spectrum of its CR
priorities. There will always be employees who are personal champions of sustainability,
as well as those who will remain skeptics. The most interesting opportunity is those that
fall in the middle. We need to increase their engagement and participation in our
sustainability efforts. Ultimately, we believe this will lead to increased employee
satisfaction, loyalty to the company, and even an increase in their environmentally
friendly behaviors in their personal lives.
♦ In April 2009, Sprint launched an employee environmental awareness
campaign “5 Green Things” that outlines five fundamental steps Sprint
employees can take to begin to reduce their environmental impact at work, and
to ultimately help the company achieve its environmental goals. The program
encourages employees to: manage energy usage; minimize trash; commute
smarter; print less; and recycle electronics.
♦ For the past ten years, Sprint has held an annual Earth Day celebration. The
biggest event is held on the Sprint headquarters campus where more than 50
exhibitors, both internal and external, participate with information booths.
Attendance has increased year over year with this now being one of the most
popular employee events on campus. The event has featured “green” cars, free
tree seedlings, free CFL light bulbs, education about composting and rain
barrels, EPA program and park conservation officials, state and local
government officials, and more. In 2010, the event was partnered with “bring
your child to work day” so that employees’ children could participate in the
celebration as well.
♦ Starting in 2008, Sprint has been participating in the World Wildlife Fund’s
Earth Hour for climate change awareness. Thousands of businesses around the
work participate by turning off portions of their power for 60 minutes to draw
attention to climate change. We promoted the program and the significance of it
through our employee website and our sustainability newsletter. Our iconic
clock tower on campus went dark for the event and employees were encouraged
to participate personally as well.
♦ Sprint joined the EPA “Change-a-Light” for energy conservation effort in
2009. Through our employee website, we asked employees to make a “pledge” to
change out at least one incandescent bulb to a more energy efficient CFL.
♦ In the first quarter of 2010, we expanded the distribution of our sustainability
newsletter, Sprint Re:source, to all employees. The newsletter includes an
executive perspective on Sprint sustainability efforts, an employee perspective,
and deep dives on corporate-sustainability topics such as device recycling,
hydrogen fuel cells, and paper-management issues.
♦ Sprint has a broad range of other employee engagement efforts for
sustainability such as personal-document shredding days, e-waste collection
drives, environmental-volunteerism events and recycling for batteries. We also
have a dedicated employee website, ECOnnect, where employees can learn more
Page 96
Western States Contracting Alliance
about corporate-sustainability efforts and efforts they can adopt at home to live
a more environmentally responsible lifestyle.
Additional information about our environmental initiatives has been provided in Tab
VIII.
•
Buyback programs.
Since 2001, Sprint has collected more than 20
million mobile phones for reuse and recycling
through our Sprint Re:cycle programs. Sprint is
the first and only wireless carrier to announce a
long-term goal for collections. Our target is to
collect nine phones for reuse and recycling for
every 10 we sell by 2017, a 90% collection rate.
We plan to accomplish this goal by employing
innovative collection strategies and offering
incentives to our consumers who participate in our Sprint Re:cycle programs.
Currently, we offer participating customers two options: get paid through Sprint
Buyback or “pay it forward” through Sprint Project Connect.
Sprint Buyback
An October 2009 ABI Research Brief on “Green Handsets” found that of 1,000
people surveyed who had not yet recycled a handset, 98 percent were prepared to return
handsets to an operator's store, to a charity, to a refurbishing company or to the
manufacturer – but only in return for some compensation, either cash, store credit or a
tax deduction. The Sprint Buyback program offers financial incentive to current and
new Sprint subscribers who turn in up to three eligible wireless devices, per active line
of service, per year. Sprint Buyback accepts all eligible wireless devices, regardless of
manufacturer or carrier, through its program, so customers who have an old phone
from a Sprint competitor can still be rewarded for doing the right thing. Customers can
take their unwanted phones to one of the more than 2,400 participating Sprint stores
nationwide, participate via the program’s Web site (www.sprintbuyback.com), or call
the toll-free hotline (866-364-5680). Shipping is free.
Sprint Project Connect
Project Connect is a free service that is available to anyone. It accepts all retired
wireless phones, batteries, accessories and data cards, regardless of carrier or condition.
All equipment collected through the program is either sold for reuse or recycled if the
phone is obsolete or non-functional. Participation is easy and convenient. Free postagepaid envelopes are available at any of the more than 2,400 Sprint stores in the U.S. and
in the box with most of the new devices that Sprint sells, including data cards. In
addition, free postage-paid mailing labels can be printed through our Project Connect
website:
www.sprint.com/responsibility/communities_across/project_connect.html?ECID=vanity
:projectconnect
All net proceeds generated from the sale of equipment collected through Sprint Project
Connect go to fund and promote free Internet safety resources for kids, parents and
educators. Charitable partners include the National Center for Missing & Exploited
Children, Boys & Girls Clubs of America, the NEA Health Information Network, and
Page 97
Western States Contracting Alliance
the Family Online Safety Institute. To learn more about Sprint's 4NetSafety program
and how we’re helping kids to make safer, more informed decisions when using
technology to connect with others, go to our website at www.sprint.com/4netsafety/.
Sprint Re:cycle Operations
Rather than rely on other vendors to manage all of the back-office operations of its
reuse and recycling programs, Sprint has put in place environmentally rigorous
operations to support its Sprint Re:cycle efforts. Our objectives are to maximize reuse,
extract the maximum salvageable material from collected devices, ensure that no ewaste enters the general waste stream, and protect the personal data of wireless users
through effective data removal.
3.6.23 Define how you will improve coverage to using entity offices (buildings/facilities/sub-ground
level offices, etc.) that experience inadequate wireless voice service. Identify all basic
equipment provided as necessary for your standard operation within your wireless network.
Provide in your cost proposal, any hourly rates or other associated costs for on-site
installations that may be necessary.
Should any WSCA member encounter a situation where they lack in-building or on-campus
coverage, our Custom Network Solutions (CNS) group can provide custom coverage
solutions for that member. The CNS group extends Nationwide Sprint and Nextel National
Networks and Sprint 3G and 4G into buildings and onto campuses to deliver the power,
productivity and efficiency of Sprint’s voice and data communications wherever WSCA
members need it. Before other carriers even considered in-building services and solutions,
Sprint created the CNS group to meet businesses increasing needs for mobility, and the
group has had the same commitment to in-building and campus-wide convergence services
for more than nine years.
The coverage solution shall be subject to a separate CNS agreement with separate terms,
conditions and fees, including but not limited to capital contributions and/or purchase
commitments.
Additional information about our CNS capabilities has been provided in Tab VIII.
Page 98
Western States Contracting Alliance
3.7
Accessories/Equipment/Devices (Band 3)
3.7.1
All accessories must be new, of current design and function, and unused. Discontinued or
used items will not be accepted.
All accessory purchases will be fulfilled with new equipment.
3.7.2
In addition to the items specifically listed herein, purchasing entities will be allowed to order
from the successful vendor’s regular product line for delivery F.O.B. destination to any point
within the using states. Provide with your response, a link to your on-line catalog.
Sprint does not charge WSCA members for standard shipping for corporate-liable
equipment on CL Accounts. Our online catalog can be found at: www.wscawireless.com.
The WSCA Online Portal is managed by our Business Solution Partner, Manage Mobility.
They provide a customized website designed to help WSCA members better manage and
maximize their wireless portfolio. The portal provides real-time access to ordering, billing,
account details, user data and other key information. WSCA members benefit from
increased productivity and reduction in costs.
3.7.3
At vendor’s expense, vendor shall arrange for pick up of products returned because of quality
problems, duplicated shipments, outdated products, etc., within five (5) business days after
notification with no restocking charge and replaced with specified products or the using entity
shall be credited or refunded for the full purchase price. Standard stock products ordered in
error by using entities must be returned for credit within fifteen (15) days of receipt. Products
must be in resalable condition and in original container, unused.
Sprint offers customers a 30-day guarantee to try out the benefits of new phones, plans or
services without worry. Customers not completely satisfied with their device, plan or
service, can return the device and deactivate service within 30 days of activation. Sprint will
refund any activation fee, waive early termination fees, and only bill for access and airtime
charges accrued on the account through the deactivation date.
New Sprint customers who discover they are not completely satisfied with their new device,
plan or service, may return the device to the original place of purchase (unless otherwise
specified) and deactivate service within 30-days of activation, or 30-days from date of
purchase if the device was never activated. Sprint will refund any activation fees, waive
early termination fees and only bill for access and airtime charges accrued on the account
through the activation date.
Existing customers not satisfied with an updated device or new service offer can also take
advantage of this guarantee. Customers can contact Sprint within 30 days of the new
contract or activation of the new device, whichever came first, to be restored to the previous
contract. The terms and conditions applicable to the previous contract with Sprint will
apply, and if the contract is terminated before the end of the term, early termination fees
would apply.
Note, a restocking fee applies to all individual liable (IL) customers unless the item is
defective or damaged when received from Sprint, the wrong item was received (Sprint
error), or the fee is prohibited by law in your location. The restocking fee does not apply to
corporate liable (CL) accounts.
If you would like to exchange or return a Sprint device or accessory within the 30 days of
activation, please contact your Sprint account representative for specific instructions.
Page 99
Western States Contracting Alliance
We will provide a shipping label for devices meeting the above requirements.
3.7.4
Define distribution capabilities. Prices for all items associated with this contract are to be
F.O.B. destination to anywhere within the participating entities.
Sprint maintains multiple distribution centers located in Louisville, KY for wireless devices.
These distribution centers perform standard warehousing functions as well as provisioning,
software upgrades, specialty kitting, and returns processing for our various sales channels.
The specific number of distribution centers and the specific functions performed within
each distribution center are fluid and flexible. Any changes involving distribution center
architecture or functionality are managed with a seamless impact to our customers.
Equipment typically arrives within 2-3 business days after receipt of order. Sprint does not
charge WSCA members for standard shipping for corporate-liable equipment purchases on
CL Accounts.
3.7.5
Define ARO (After Receipt of Order) lead times. The preferred delivery time is not more than
five (5) calendar days.
Equipment typically arrives within 2-3 business days after receipt of order.
3.7.6
Provide detailed warranty information.
All Sprint Nextel devices and accessories come with a limited one year manufacturer’s
warranty. The manufacturer warranty begins when the Sprint or Nextel device, Sprint
Mobile Broadband Connection Device, or accessory is activated. Warranty details are
provided in the device packaging and are available at www.sprint.com for download.
Warranties are exclusive to the manufacturer and are submitted directly to the
manufacturer by the customer. To be considered for in-warranty coverage, it must meet all
of the following three criteria:
1. Phone is within the first 12 months of ‘Original Activation Date’.
2. The issue is a mechanical or electrical failure of the phone.
3. The phone shows no signs of liquid damage, customer abuse and/or other physical
damage.
Alternatively, customers can receive warranty service at more than 1,400 Service and
Repair locations nationwide for a convenience fee.
In addition to the warranty provided by the manufacturer, Sprint offers optional plans to
cover WSCA members equipment for non-warranty claims. Total Equipment Protection
(TEP), a combination of the Equipment Service and Repair Program (ESRP) and the
Equipment Replacement Program (ERP), covers all handset-related issues except fraud and
intentional abuse. TEP is the best value; however, both ESRP and ERP are available
separately. The repair fee is waived if enrolled in these programs.
ESRP includes coverage for mechanical or electrical failure, routine maintenance or
failure from normal wear and tear. ERP includes insurance for loss, theft, physical
damage, liquid damage or corrosion. TEP, ESRP or ERP may be added to your line within
Page 100
Western States Contracting Alliance
30 days of activating or upgrading your device, at the time of a paid repair or at any time
when enrolling 10 or more lines on the same account.
Sprint does not manufacture equipment and offers no warranty on any equipment beyond
the manufacturer’s warranty provided directly from the manufacturer to the Customer
upon receipt of the equipment. Sprint products and services are provided “as is.” Sprint
disclaims all express or implied warranties and in particular disclaims all warranties of
merchantability, fitness for a particular purpose, and warranties related to equipment,
material, services, or software.
3.7.7
Provide in your cost proposal, pricing for OEM and Aftermarket (if available) products.
Products may include, but are not necessarily limited to:
We have provided the cost of the items below in Cost Proposal.
•
Cell phone antennas and signal boosters;
Sprint Personal Hotspot PHS300S brings Sprint 3G and 4G networks to a wealth of WiFi devices that were not able to use it before, including Apple’s iPhone, iPod Touch,
Roku Digital Video Player, Apple TV, Wi-Fi enabled smart phones, laptop computers,
netbooks, PDAs, portable gaming systems and consoles, and digital cameras. Sprint
Personal Hotspot PHS300S allows 4
Simultaneous Connections and supports the
Sprint U301 and 250U by Sierra Wireless for
3G and 4G. It works with over 30 Sprint 3G
Enabled Devices and is completely portable
and upgradeable for future enhancements.
•
Cell phone batteries;
All Sprint handsets include a battery with purchase. We sell extra batteries and
extended life batteries as accessory options.
•
Cell phone chargers;
All Sprint handsets include standard wall chargers and some, such as Blackberry
devices, include USB cords that will also charge the device. We sell vehicle charges as
an accessory option.
Sprint offers additional charger options for your
devices. The Powermat 2-position Wireless Charging
Mat allows you to wirelessly charge two Powermatenabled devices at the same time. The set includes
the Powermat, Powercube and 2 Powercube tips
which work with most devices with a miniUSB or
microUSB connector.
Sprint’s environmental initiatives also support the
Solio Mono Hybrid Charger that stores power from
the sun or an outlet so you can recharge your mobile phone anywhere, anytime.
Page 101
Western States Contracting Alliance
These accessories give you choices for charging your devices, in addition to the
standard chargers that are included when you purchase your device. Sprint also offers
extra batteries for most devices to give you additional flexibility.
•
Cell phone hands-free (not including Bluetooth);
Many devices include hands-free equipment. Our current devices that include
accessories are provided below. We offer a variety of headsets in many colors and styles
to fit your device and your personality. Please check headset availability for your
specific device. Headset features may include:
♦
♦
♦
♦
♦
♦
♦
•
Behind-the-ear design for maximum comfort.
Noise cancellation and wind reduction microphone.
Built-in controls for answer/end, volume and mute.
Color selection.
Boom microphone for optimal voice pick-up.
Desk stand and portable case.
Headset controls for last number redial, call hold, and call rejection.
Cell phone kits (define what is included);
All devices include a standard battery, battery cover and standard wall charger. Below,
we have provided a list of current devices and which accessories are included. Updated
device lists will be provided by your Account Team.
Device
PRO-700 by Sanyo
PRO-200 by Sanyo
Motorola v950e
Curve 8350i by BlackBerry
Motorola i1
i9 Stature by Motorola
i890 by Motorola
i886 by Motorola
i856 Debut by Motorola
BRUTE i686 by Motorola
i576 by Motorola
i576s by Motorola
i465 Clutch by Motorola
i335 by Motorola
i365 by Motorola
i365IS by Motorola
r765IS by Motorola
Included Accessories
Standard Lithium Ion Battery, Holster, AC Phone Charger
Standard Lithium Ion Battery, Holster, AC Phone Charger
Extended Battery, Extended Battery Cover, Charger, Holster,
MicroSD memory card
Standard Lithium Ion (Li-Ion) Battery, Folding Blade MicroCharger, Swivel Holster, MicroSD Card, 1GB (inserted), USB
Cable, Stereo Headset, SIM Card
Standard Lithium Ion (Li-Ion) Battery, AC Charger
920mAH Battery, Rapid Wall Mount Charger, 128K SIM Card
Standard Lithium Ion Battery, 128K SIM card, Battery Door,
AC Travel Charger
1380 mAh Li-Ion battery, Battery Door, Micro-USB Travel
Charger, MicroSD Card - 2GB included, 128K SIM Card
1140 mAh Standard Lithium Ion Battery, 128K SIM card,
Battery Door, AC Travel Charger
Maximum Capacity Li-Ion Battery, Battery Door, Mid-rate wall
charger, Holster with clip
Motorola Maximum Capacity Li-Ion Battery, Motorola Rapid
Charger, SIM Card, Holster
Motorola Maximum Capacity Li-Ion Battery, Motorola Rapid
Charger, SIM Card, Holster
Battery, Charger, SIM Card
Standard Lithium Ion (Li-Ion) Battery, Mini USB AC Charger
Motorola Max Cap Intrinsically Safe Battery, Motorola Rapid
charger, SIM Card
Motorola Max Cap Intrinsically Safe Battery, Motorola Rapid
charger, SIM Card
Intrinsically Safe Encased Battery, 128K SIM card, Motorola
Carry Holster, Desktop Charger, Holster & Dust Cover, Whip
Antenna
Page 102
Western States Contracting Alliance
Device
EVO by HTC
HTC EVO Shift
Touch PRO2 by HTC
BlackBerry Style 9670
BlackBerry Bold 9650
by RIM
BlackBerry 9330 Curve 3G
BlackBerry Curve 8530
by RIM
Motorola ES400
Intrepid
by Samsung
Palm Pre
Palm Pixi
HTC Hero with Google
LG Optimus
Samsung Intercept
Samsung Transform
Sanyo Zio
Samsung Epic 4G
Lotus LX Elite by LG
LG Rumor Touch
Sanyo Incognito
Sanyo Innuendo
Sanyo Taho
Samsung Reclaim
Samsung Restore
Samsung Instinct HD
LG Remarq
M240 by Samsung
Samsung Seek
Samsung M360
Included Accessories
1500 mAh Standard Battery, Charger, USB Cable, MicroSD
Card – 8GB included
Standard Lithium Ion Battery(1500 mAh), Wall charger
Micro USB Cable, MicroSD Card - 2GB included
Standard Lithium Ion (Li-Ion) Battery, AC Charger, Carrying
case, USB Cable (charging), Mini USB stereo headphones,
1GB MicroSD Card, Screen Protector, 4-in-1 adapter
Standard Lithium Ion Battery, AC Charger, USB Cable,
Stereo Headset, MicroSD Card - 8GB included
Standard Battery, AC Charger, USB Cable, 3.5mm Stereo,
Headset, Pouch, 2 GB MicroSD card included.
Standard Lithium Ion Battery, Battery Door, AC Charger, USB
Cable, Stereo Headset, Micro SD card 2GB
Standard Li-Ion 1150 mAh, AC Travel Charger, Wired Stereo
Headset, 1GB MicroSD Card, USB Data Cable
Standard charger, battery
Standard Lithium Ion Battery, USB Sync Cable, SIM Card, AC
Charger, 3.5mm Stereo Headset, Additional Stylus
Standard Battery, AC Charger, USB Cable, 3.5mm Stereo,
Headset, Pouch
Standard Lithium Ion (Li-Ion) Battery, AC Travel Charger,
USB Cable
Standard Lithium Ion (Li-Ion) Battery, AC Charger, USB Sync
Cable, MicroSD Card 2GB
Battery, standard charger, MicroSD card
Standard Lithium Ion (Li-Ion) Battery, AC Phone Charger,
USB Sync Cable, microSDTM Memory Card (Installed),
microSDTM Adapter
Standard Li-Ion Polymer Battery 1500 mAh, Battery cover,
MicroUSB AC Phone Charger
Standard Li-Ion Battery(1130 mAh), Battery cover, MicroUSB
AC adapter, MicroSD Card - 2GB included
Standard Li-Ion 1500 mAh Battery, AC Charger, SanDisk
16GB Mobile Ultra MicroSD Card w/reader, MicroUSB Cable
Standard Battery, Micro USB Cable and Charger, Fashion
hand strap, 1GB microSD™ and adapter
1200 mAh Li-Polymer Battery, Travel Charger, 1GB Micro
USB card and adapter
Standard Lithium Ion Battery, AC Phone Charger, 1GB
microSD™ and adapter
Standard Li-Ion Battery(820 mAh), Standard Battery Door,
Standard AC Adapter, Micro SD card adapter, Micro SD
memory card 1GB
1050 mAh Li-Ion battery
Wall charger
1GB MicroSD Card
Samsung M560 Handset, Standard Battery, Charger, Micro
USB card and adapter
Standard Lithium Ion (Li-Ion) Battery, AC Phone Charger,
microSD Memory Card (Installed) & Adapter
Standard Li-Ion Battery package, AC Phone Charger,
MicroSD Memory Card (4GB inserted in phone), USB Cable
(charging), Stereo Headset
Standard Battery, Micro USB Energy Star Qualified charger
Standard Li-Ion Battery, AC Charger
Standard Lithium Ion Battery, AC Charger
Samsung M360, Standard Lithium, Ion (Li-Ion) Battery, AC
Phone Charger
Page 103
Western States Contracting Alliance
Device
Sanyo Vero
Included Accessories
Standard Lithium Ion Battery, AC Phone Charger
Mobile Broadband Devices
Connection Cards
Sprint 4G USB U1901
Sierra 598U
Ovation U760
by Novatel Wireless
4G USB U1901
Included Accessories
USB port adapter, Get Started Poster, CD w/SSV 2.40
Laptop clip with USB connection cable
Carrying pouch, Keychain/Lanyard, USB Extension Cable
USB port adapter, Get Started Poster, CD w/SSV 2.40
Mobile Hotspots and Computing
Connection Cards
Overdrive 3G/4G Mobile
Hotspot by Sierra Wireless
Sprint 4G Desktop Modem
CPEi25150 by Motorola
Airave 2.0 Access Point
Dell Inspiron Mini 10
(1012)
Dell Inspiron 11z
Galaxy Tab
ZTE PEEL
•
Included Accessories
Wall charger, USB to microUSB cable
Get Started Guide, Power Supply, Ethernet Cable
Power supply, External GPS antenna, Cat 5 Ethernet Cable 7'
Battery, Power Charger for Dell Inspiron Mini 10 (1012), User
Guide(s) (paper & CD’s)
6 Cell Battery, Power Cord, User Guide
Standard Li-Ion Battery 4000mAh, Travel Charger (Combo
with USB cable), 16 GB microSD card & adapter
AC Charger, Headset Adapter
Cell phone cases and covers;
Sprint offers various types of cases and covers for optional purchase. Get all the
necessities you need for your device to carry and protect it including:
♦ Universal Screen Protectors
♦ Belt Clips and Holsters
♦ Carrying Cases and Pouches in nylon, leather and eco-friendly options
•
Cell phone data cables;
Smartphones include a USB data cable.
Page 104
Western States Contracting Alliance
•
Cell phone memory;
Cell phone memory varies by device. Our current devices and their features are
provided in Cost Proposal. Additional MicroSD cards are available for purchase.
•
ADA/Assistive cell phone devices and accessories;
Sprint exemplifies its commitment to improving the quality of life for individuals with
disabilities. As an innovator, Sprint understands technology can greatly enhance the
lives of people with disabilities, so we’re always working on ways to make it easier for
everyone to communicate more effectively. We offer the following technologies and
services for all abilities:
♦ Sprint WebCapTel – A
free web-based service
that allows a person who
can speak, but has
challenges hearing over
the phone, to read wordfor-word captions of their
calls on a web browser.
This service is expected to
help an estimated 23
million Americans with
hearing loss, who may
face challenges hearing
over
the
telephone.
During a call, users can
log
on
to
www.sprintcaptel.com
and read written captions
that appear virtually at
the same time as the person speaks. Calls can be made and received in the
following ways:
o On the customer’s own phone
o On a cell phone
o On land-line phone
o On an amplified phone
♦ Easy-to-use wireless phone features – Sprint works with phone manufacturers
to obtain wireless devices that incorporate easy-to-use features helpful to people
with disabilities. Examples of accessibility features include:
o Voice-activated dialing
o Adjustable contrast screens
o TTY compatibility
o Larger font displays
o Identifiable “5” key
o Text-to-speech capabilities
o One- and two-touch dialing
o Ring tones with varying frequencies
o Tactile and tonal feedback from keys
o Voice Note voice recorder
Page 105
Western States Contracting Alliance
♦ Flexible Messaging – Sprint’s suite of messaging services are particularly
useful for people that are deaf, hard-of-hearing or speech-impaired. SMS text
messaging is a very popular way to send messages to friends, family and
business associates via Sprint PCS phones. Text messages may also be sent
from a personal computer to a Sprint phone via www.sprint.com.
♦ 711 Access to Telecommunications Relay Service (TRS) – This service allows
users to access TRS 24x7 by dialing 711 on a Sprint wireless phone. Specially
trained TRS Communications Assistants can also provide Teletypewriter (TTY)
and Speech-to-Speech (STS) services. Sprint is the world’s leading provider of
TRS.
♦ Teletypewriter (TTY)-compatible wireless phones – A TTY allows persons with
hearing and/or speech loss to make or receive telephone calls by typing their
conversations, via two-way text. Sprint devices widely available today are TTYcompatible. Using a cable, TTY users attach their Sprint device to a TTY
device, which looks like a small typewriter with an LCD display. After their
calls connect, they can transmit and receive TTY text messages. There are no
extra fees for the service; users pay only standard airtime charges.
♦ CapTel, developed by Ultratec, Inc., provided by Sprint – It could be a parent, a
friend or a loved one – those who are hard-of-hearing or who have experienced
hearing loss later in life can take advantage of CapTel (captioned telephone),
an innovative technology to ease communication over the phone for the
estimated 24 million Americans with hearing difficulties. Captions are
displayed on the CapTel phone’s built-in screen so the user can read the words
while listening to the voice of the other party. Conversations flow naturally,
with normal dialogue and expressed emotions.
♦ Hearing Aid Compatibility – Sprint provides a number of wireless phones that
have been measured and rated for use with hearing aid devices. These ratings
have been developed to assist hearing aid device users in finding phones that
may be compatible with their particular hearing aid devices.
♦ Braille and large print materials are provided for all vision-impaired customers.
•
Cell phone replacement parts;
All current accessories are provided in Cost Proposal.
•
Cell phone keyboards; and
Several devices include QWERTY keyboards, including our BlackBerry devices and the
EVO Shift. All devices and their features are provided in Cost Proposal. We also offer
BlueTooth keyboards. Pricing is provided in Cost Proposal.
•
Bluetooth headsets and car kits (define what is included).
Several devices include Bluetooth headsets with purchase. Current devices and their
included accessories are provided earlier in this subsection.
3.7.8
The participating entities reserve the right to request samples of items when applicable.
Sprint will provide a predetermined number of demo devices for a predetermined length of
time at the WSCA member’s request if units are locally available. This will be handled on a
case by case basis dependent on the number of demo units requested.
Page 106
Western States Contracting Alliance
Tab VII
Section 4 Company Background and References
Vendors must place their written response(s) in bold/italics immediately following the applicable RFP
question, statement and/or section. This section must also include the requested information in
Section 4.2, Subcontractor Information, if applicable.
As requested in the RFP, Sprint has responded to the RFP Section 4 Company Background and
References requirements in bold/italics. The WSCA Section 4 RFP requirements are provided in
regular font in this section.
4.1
Vendor Information
4.1.1
Vendors must provide a company profile in the table format below.
Question
Company name:
Ownership (sole proprietor, partnership, etc.):
State of incorporation:
Date of incorporation:
# of years in business:
List of top officers:
Location of company headquarters:
Location(s) of the company offices:
Location(s) of the office that will provide the
services described in this RFP:
Number of employees locally with the expertise to
support the requirements identified in this RFP:
Response
Sprint Solutions, Inc. (Sprint)
Wholly owned subsidiary of Sprint Nextel
Corporation, which is a publicly-traded
corporation.
Delaware
2002 (Sprint Solutions, Inc., which is the
contracting agent for the affiliated Sprint and
Nextel entities providing the products and
services). Sprint Nextel Corporation was
incorporated in 1938 under the name United
Utilities, Incorporated and filed an amendment
in 2005 to change our name to Sprint Nextel
Corporation.
Since 1899 (as Brown Telephone Company)
Reporting to President and Chief Executive
Office Daniel Hesse are:
Chief Financial Officer – Bob Brust
Business Markets Group – Paget Alves
Integrated Solutions Group – Danny Bowman
4G – Matt Carter
Strategy & Corporate Initiatives – Keith Cowan
Network Operations & Wholesale – Steve
Elfman
Chief Service Officer – Bob L. Johnson
CDMA Business Unit – Bob H. Johnson
Corporate Marketing – Bill Morgan
Human Resources – Sandy Price
Prepaid Group – Bob H. Johnson
Corporate Communications – Bill White
Sprint Wholesale Solutions – TBD
General Counsel and Corporate Secretary –
Charlie Wunsch
6200 Sprint Parkway
Overland Park, KS 66251
Sprint has offices across the U.S.
All Sprint offices support WSCA members
throughout the U.S.
Being that WSCA is a nationally available
contract, our entire Public Sector sales force
is familiar with the contract vehicle. All of our
Page 107
Western States Contracting Alliance
Number of employees nationally with the
expertise to support the requirements in this RFP:
Location(s) from which
assigned for this project:
4.1.2
employees
will
be
Public Sector sales professionals are trained
and ready to continue supporting existing and
new WSCA members.
Sprint
Nextel
Corporation
employs
approximately 40,000 people worldwide. This
includes employees outside the United States
dedicated to the operation and support of the
Sprint global infrastructure and services.
Sprint believes the primary reason for
distributing people worldwide is direct
customer
facing
activities,
account
management and onsite network support of
services in Sprint facilities and as liaison with
Sprint local partners who represent the
interests of our customers.
Sprint has employees nationwide supporting
WSCA members.
Please be advised, pursuant to NRS §80.010, companies organized or incorporated under the
laws of another state, territory, District of Columbia, or foreign country must register with the
State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be
executed between the State of Nevada and the awarded vendor, unless specifically exempted
by NRS §80.015.
Sprint has read, understands and has complied.
4.1.3
The selected vendor, prior to doing business in the State of Nevada, must be appropriately
licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS §76. Information
regarding the Nevada Business License can be located at http://sos.state.nv.us.
Question
Nevada Business License Number
Legal Entity Name
Response
NV19971058950
Sprint Telephony PCS, L.P.
Question
Nevada Business License Number
Legal Entity Name
Response
NV19941079887
Nextel of California, Inc.
Is “Legal Entity Name” the same name as vendor is doing business as?
Yes
No
X
If “No”, provide explanation.
4.1.4
Vendors are cautioned that some services may contain licensing requirement(s). It is the
vendor’s responsibility to verify these requirements prior to proposal submittal. Proposals that
do not contain the requisite licensure may be deemed non-responsive.
Sprint has read and understands.
4.1.5
Has the vendor ever been engaged under contract by any State of Nevada agency?
Yes
No
X
Page 108
Western States Contracting Alliance
If “Yes”, complete the following table for each State agency for whom the work was
performed. Table can be duplicated for each contract being identified.
Question
Name of State agency:
State agency contact name:
Dates when services were performed:
Type of duties performed:
Total dollar value of the contract:
Name of State agency:
State agency contact name:
Dates when services were performed:
Type of duties performed:
Total dollar value of the contract:
4.1.6
Response
Western States Contracting Alliance - State of
Nevada
Teri Smith
2006 to present
Wireless services
Approximately $1.45M
State of Nevada - Department of Health and
Human Services, Division of Disability Services
Gail Burchett
2009 to present
TRS and CapTel services
Approximately $4M
Is the vendor or any of the vendor’s employees employed by the State of Nevada, any of its
political subdivisions or by any other government?
Yes
No
X*
If “Yes”, is the employee planning to render services while on annual leave, compensatory
time, sick leave, or on his own time?
* Sprint certifies, to the best of Sprint’s actual knowledge, that none of vendor’s employees
is employed by the State of Nevada any of its political subdivisions or by any other
government involved in the performance of the contractual services resulting from this
RFP. However, Sprint is a publicly traded company with approximately 40,000 employees,
and Sprint has no mechanism to accurately or effectively track such information.
4.1.7
Disclosure of all alleged prior or ongoing contract failures, contract breaches, any civil or
criminal litigation or investigation pending which involves the vendor or in which the vendor
has been judged guilty or liable within the past six (6) years.
Yes
No
X*
* As a publicly traded company that is party to thousands of commercial, consumer and
government contracts with its customers, suppliers and competitors, Sprint is involved in
litigation, investigations and contract disputes at all times due to the number of its
customers, suppliers and competitors, and the nature of the services it provides.
Consequently, State’s request for Sprint to compile a list or provide details regarding prior
or ongoing contract failures, contract breaches, civil or criminal litigation or investigations,
ongoing or occurring during the past six years, is an extremely arduous, burdensome and
time-consuming task, and Sprint has no mechanism to track some of the requested
information. Although Sprint is unable to provide such information, Sprint can declare
that: (i) during the past six years it has not had a termination for default under a contract
with a government entity; (ii) Sprint is not currently suspended or debarred by any
government agency nor has it been during the past six years; and (iii) Sprint is not aware of
any past or ongoing action that would, if successful, have a material adverse impact on
Sprint’s ability to perform under the terms of the RFP. As a public corporation, Sprint is
required to fully disclose material data and relevant information that may influence
Page 109
Western States Contracting Alliance
investment decisions to all investors at the same time. Sprint does not provide detailed
information on litigation except through its securities filings. Please refer to Sprint's
Annual
Report
on
Form
10-K/A,
available
on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec for a description of certain
litigation or claims.
If “Yes”, please provide the following information. Table can be duplicated for each issue
being identified.
Question
Date of alleged contract failure or breach:
Parties involved:
Description of the contract failure, contract
breach, litigation, or investigation, including the
products or services involved:
Amount in controversy:
Resolution or current status of the dispute:
If the matter has resulted in a court case:
Response
Please see above.
Court
Case Number
Status of the litigation:
4.1.8
Company background/history and why vendor is qualified to provide the services described in
this RFP.
For over 100 years, Sprint has been a game-changing force in creating and delivering
groundbreaking IP and wireless technologies and mobility solutions. Embracing the bold
approach Sprint founder Cleyson Brown showed in 1899, when the Brown Telephone
Company successfully went toe-to-toe with the Bell monopoly in Abilene, Kansas, the
company became the nation’s largest independent local telephone provider in the mid1970s.
In the 1980s and 1990s, Sprint charged ahead with pacesetting moves for both consumers
and businesses. Sprint seized the opportunity to lead all U.S. telecom companies by
completing the first nationwide, 100% all-digital, fiber-optic network. At the same time, the
company was a pioneer in data communications, establishing the world’s third largest
commercial packet data network in 1980. The company gave America pin-drop clarity and
became a global leader in voice and data services in the 1990s, and emerged in 1993 as a
new kind of telecom company by providing a unique offering of local, wireless and long
distance services. In 1993, the former Nextel began offering wireless services on the iDEN
network while Sprint took its wireless strategy a big step further in the late ‘90s by building
the only nationwide PCS network in the U.S., offering wireless services on this network
since 1996.
As a company focused on developing innovative products while caring, serving and creating
value for our customers, Sprint has consistently pushed technology; achieving many
“firsts” in the telecommunications industry. As our business strategy is built upon forward
looking, advanced technologies such as IP and wireless data, our most notable milestones
in our combined Sprint and Nextel corporate history include leading the market with
technical innovation.
Page 110
Western States Contracting Alliance
Sprint is committed to bringing advanced technology solutions to our customers that
enhance their lives and solve business challenges.
4.1.9
Length of time vendor has been providing services described in this RFP to the public and/or
private sector. Please provide a brief description.
Sprint has been providing wireless services to the public and private sectors since 1993.
Nextel began offering wireless solutions in 1993 and Sprint PCS began in 1996.
4.1.10 Financial information and documentation to be included in Part III, Confidential Financial of
vendor’s response in accordance with Section 9.5, Part III – Confidential Financial.
4.1.10.1 Dun and Bradstreet number
Assigned in February 2003, the Duns Number for Sprint Nextel Corporation is 00-6942395. WSCA may request a comprehensive credit profile for Sprint using this number.
Other Sprint subsidiaries may also be requested underneath this Domestic Parent number
by requesting a Global Interactive Family Tree report.
Sprint Nextel Corporation is currently rated 5A3.
4.1.10.2 Federal Tax Identification Number
Sprint Solutions, Inc.’s federal tax number is 47-0882463.
4.1.10.3 The last two - (2) years and current year interim:
A.
Profit and Loss Statement
B.
Balance Statement
We have provided our Annual Reports on CD due to their size.
Page 111
Western States Contracting Alliance
4.2
Subcontractor Information
4.2.1
Does this proposal include the use of subcontractors? Check the appropriate response in the
table below.
Yes
No
X
If “Yes”, vendor must:
Sprint is not currently proposing any subcontractors.
4.2.1.1
Identify specific subcontractors and the specific requirements of this RFP for which
each proposed subcontractor will perform services.
Not applicable.
4.2.1.2
Provide the same information for any proposed subcontractors as requested in
Section 4.1, Vendor Information.
Not applicable.
4.2.1.3
Business references as specified in Section 4.3, Business References must be
provided for any proposed subcontractors.
Not applicable.
4.2.1.4
Vendor shall not allow any subcontractor to commence work until all insurance
required of the subcontractor is provided to the vendor; and
Not applicable.
4.3
Business References
4.3.1
Vendors should provide a minimum of three (3) business references from similar projects
performed for private, state and/or large local government clients within the last three (3)
years.
Sprint has provided three references below.
4.3.2
Vendors must provide the following information of every business reference provided by the
vendor and/or subcontractor.
The “Company Name” must be the name of the proposing vendor or the vendor’s proposed
subcontractor.
Reference #:
1
Company Name:
Sprint Solutions, Inc. (Sprint)
Identify role company will have for this RFP project (check one):
X
Vendor
Project Name:
Name:

Subcontractor
State of Connecticut
Primary Contact Information
Bernard O’Donnell
Page 112
Western States Contracting Alliance
Street Address:
City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address:
Name:
Street Address:
City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address:
101 East River Drive
East Hartford, CT 06108
(860) 622-2444
[email protected]
Alternate Contact Information
Nancy Pierce
101 East River Drive
East Hartford, CT 06108
(860) 622-2446
[email protected]
Project Information
Brief description of the project / contract and Sprint is the sole provider for all wireless
description of services performed, including
services, including Blackberry devices,
technical environment (i.e., software
air cards, Airave, Datalink and several
applications, data communications, etc.), if
M2M solutions.
applicable.
Original Project/Contract Start Date:
2003
Original Project/Contract End Date:
Nov. 6, 2011 (contract expiration)
Original Project/Contract Value:
$1M
Final Project/Contract Date:
Nov. 2011 (contract expiration)
Was project/contract completed in time
Yes
originally allotted, and if not, why not?
Was project/contract completed within or
Yes
under the original budget/cost proposal, and
if not, why not?
Reference #:
2
Company Name:
Sprint Solutions, Inc. (Sprint)
Identify role company will have for this RFP project (check one):
X
Vendor

Project Name:
Subcontractor
Gwinnett County
Primary Contact Information
Name:
Michelle Waits
Street Address:
75 Langley Drive
City, State, Zip:
Lawrenceville, GA 30043
Phone, including area code:
(770) 822-7067
Facsimile, including area code:
(770) 822-8000
Email address:
[email protected]
Alternate Contact Information
Name:
Nick Neal
Street Address:
75 Langley Dr
City, State, Zip:
Lawrenceville, GA 30042
Phone, including area code:
(770) 822-8393
Facsimile, including area code:
(770) 822-8000
Email address:
[email protected]
Project Information
Brief description of the project / contract and Wireless voice, data and email solutions.
description of services performed, including
Push to talk, mobile data, mobile video
technical environment (i.e., software
conferencing
Page 113
Western States Contracting Alliance
applications, data communications, etc.), if
applicable.
Original Project/Contract Start Date:
Original Project/Contract End Date:
Original Project/Contract Value:
Final Project/Contract Date:
Was project/contract completed in time
originally allotted, and if not, why not?
Was project/contract completed within or
under the original budget/cost proposal, and
if not, why not?
8/1998
Present
700k
950k
Yes
Yes
Reference #:
3
Company Name:
Sprint Solutions, Inc. (Sprint)
Identify role company will have for this RFP project (check one):
X
Vendor
Project Name:
Name:
Street Address:

Subcontractor
California Wireless Contract Department of Justice
Primary Contact Information
Anne Hassey
DOJ-Executive
1300 I Street, #820
City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address:
Name:
Street Address:
City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address:
Sacramento, CA 95814
916-327-6753
916-324-5033
[email protected]
Alternate Contact Information
N/A
Project Information
Brief description of the project / contract and Providing cellular and a broadband
description of services performed, including
telecommunications -equipment and
technical environment (i.e., software
services through the California Wireless
applications, data communications, etc.), if
Contract/State of California WSCA
applicable.
Participating Addendum.
Original Project/Contract Start Date:
Jan, 2006
Original Project/Contract End Date:
Continuous
Original Project/Contract Value:
Purchased under the California Wireless
Contract (CWC)/State of California WSCA
Participating Addendum $60M+ total
annual contract value
Final Project/Contract Date:
In negotiations
Was project/contract completed in time
YES
originally allotted, and if not, why not?
Was project/contract completed within or
YES
under the original budget/cost proposal, and
if not, why not?
Page 114
Western States Contracting Alliance
Reference #:
4
Company Name:
Sprint Solutions, Inc. (Sprint)
Identify role company will have for this RFP project (check one):
X
Vendor

Subcontractor
Project Name:
California Wireless Contract (CWC)
Office of Systems Integration (OSI)
Primary Contact Information
Name:
Kim Turner
Street Address:
2525 Natomas Park Dr., Suite 200
City, State, Zip:
Sacramento, CA 95833
Phone, including area code:
(916) 263-3291
Facsimile, including area code:
(916) 263-3245
Email address:
[email protected]
Alternate Contact Information
Name:
Kim Turner
Street Address:
2525 Natomas Park Dr., Suite 200
City, State, Zip:
Sacramento, CA 95833
Phone, including area code:
(916) 263-3291
Facsimile, including area code:
(916) 263-3245
Email address:
[email protected]
Project Information
Brief description of the project / contract and Providing cellular and a broadband
description of services performed, including
telecommunications -equipment and
technical environment (i.e., software
services through the California Wireless
applications, data communications, etc.), if
Contract/State of California WSCA
applicable.
Participating Addendum.
Original Project/Contract Start Date:
Jan, 2006
Original Project/Contract End Date:
Continuous
Original Project/Contract Value:
Purchased under the California Wireless
Contract (CWC)/State of California WSCA
Participating Addendum $60M+ total
annual contract value
Final Project/Contract Date:
In negotiations
Was project/contract completed in time
YES
originally allotted, and if not, why not?
Was project/contract completed within or
YES
under the original budget/cost proposal, and
if not, why not?
4.3.3
Vendors must also submit Attachment E, Reference Questionnaire to the business references
that are identified in Section 4.3.2.
Sprint has complied by having a minimum of three of our references submit the required
questionnaires.
4.3.4
The company identified as the business reference must submit the Reference Questionnaire
directly to the Purchasing Division.
Page 115
Western States Contracting Alliance
Sprint has read and understands.
4.3.5
It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing
Division on or before the deadline as specified in Section 8, RFP Timeline for inclusion in the
evaluation process. Reference Questionnaires not received, or not complete, may adversely
affect the vendor’s score in the evaluation process.
Sprint has read and understands.
4.3.6
The State reserves the right to contact and verify any and all references listed regarding the
quality and the degree of satisfaction for such performance.
Sprint had read and understands.
4.4
Vendor Staff Resumes
Vendors must include in their proposal response resumes for key personnel/staff to be responsible for
performance of any contract resulting from this RFP.
Sprint firmly believes local account support is critical to customer service success and when
necessary, a formal escalation process. Sprint promotes quality customer support with frequent
professional interaction, formal information updates on products and services, and a proactive
perspective on resolving customer issues. Additionally, Sprint’s Government support teams have
received specialized training to understand and recognize the needs of the Public Sector.
Your WSCA Client Executive, Gray Sigler, has been the Sprint WSCA contract since 2004. He
oversees sales execution, operations and communication both internal and externally. Gray brings
over 21 years of telecom management and account management experience to your WSCA Team.
He has held sales and sales management positions in Enterprise, Carrier and Public Sector
verticals, with Qwest, Global Crossing and Sprint. The last eight years at Sprint have been in the
State and Local market managing government wireline and wireless accounts.
Jamie Karakas accepted the position of WSCA Program Manager in May 2010, with the
responsibility of overseeing the operational processes of the Sprint WSCA Master Agreement. Her
specific responsibilities include: training all levels of the organization on processes & procedures,
communicating contract updates internally, driving individual-liable program awareness and
partnering with pricing to keep the contract competitive. Jamie came to Sprint in October, 2000.
She has been working with the Public Sector for the past eight years and has been an ERT reservist
for the past four years.
In addition to the account support team resources traditionally available, Sprint has a Data
Solutions group, which supports Sprint’s customized mobile data solutions. The group uses a
comprehensive project management methodology in conjunction with exacting internal standards
and standard industry procedures to efficiently implement your solution. Your WSCA Solution
Engineer (SE), Ira Morales, will assist in defining your wireless data requirements and developing
a solution, which meets those requirements. Ira coordinates with internal Sprint departments to
help ensure a successful implementation of your solution. He brings nearly 15 years of wireless
communications experience to the WSCA team. He joined Sprint Nextel in 2000 and has supported
the public sector for nearly 11 years.
Each WSCA member will have their own local account team assigned depending on their location.
A general overview of our public sector account teams is provided below.
Page 116
Western States Contracting Alliance
Leading the each Public Sector Account Team is a Public Sector Account Manager (PSAM). The
PSAM is the WSCA member’s point of contact for contract negotiation, pre-sales needs assessment,
implementation and post-sales account management. The PSAM also oversees product and sales
support and facilitates problem solving of technical, training, billing, service, and other issues.
Assisting the PSAM during the selling process with sales support activities is the Development
Manager (DM). The DM collaborates in pre-sales needs assessment and synchronizes the daily
efforts of the PSAM, local sales team and other departments within Sprint for WSCA members.
Recommendations for account structures, billing/delivery options are also the DM’s responsibility
as well as developing ad hoc and standard reports. The DM also acts as an additional point of
contact for account management helping to maintain a high level of customer satisfaction within
the WSCA member’s account.
On a local level, there is a Public Sector Representative (P Rep) assigned to assist WSCA members
with their sales needs. P Rep provides new equipment and service order entry support as well as
equipment training and general account assistance.
In addition to the local account support team resources traditionally available, Sprint has a Data
Solutions group, which supports Sprint’s customized mobile data solutions. The group uses a
comprehensive project management methodology in conjunction with exacting internal standards
and standard industry procedures to efficiently implement your solution. If requested, the Solution
Engineer (SE) will assist in defining WSCA members wireless data requirements and developing a
solution, which meets those requirements. The data solution engineer coordinates with internal
Sprint departments to help ensure a successful implementation of your solution.
The Dedicated Care Specialist (DCS) assigned to WSCA members will be responsible for post-sales
support with the responsibility for ongoing billing maintenance and customer service. The DCS is
responsible for customer training on account management tools such as Electronic Billing and
Analysis (eBA), Enhanced Account Management and Smart CD Online and can provide on-site
handset and feature training for qualified customers. Additionally, your DCS will participate in
quarterly sales reviews and rate plan analyses and will handle customer service and billing related
escalations.
The Custom Network Solutions (CNS) group may play an integral role in the success of your
wireless program. Any enhancements for in-building coverage will be provided by the CNS group.
CNS services include coverage analysis, capacity analysis, in building solutions, Mobile Extension
PBX integration and Enhanced Account Management. These resources will work closely with the
local account team on structuring and implementing each solution.
Finally, Sprint’s Public Sector Customer Care organization is dedicated to providing customers
with one source for all service, technical, operation and billing support. The Customer Care Center
is available 24x7 at 800-390-7545 for WCS members’ wireless questions and issues.
Page 117
Western States Contracting Alliance
Tab VIII
Other Informational Material
In this section, Sprint has included national coverage maps as well as optional services that Sprint
believes will benefit various WSCA members. The optional services presented after the coverage
maps may require WSCA members to sign separate terms and conditions outside of the WSCA Master
Agreement. During the term of the WSCA Master Agreement, Sprint may add to the Agreement new
service plans required for new wireless solutions that are not currently available as of the effective
date of the WSCA Master Agreement, provided that: (i) such rate plans will be available to all
Participating Entities; and (ii) the new wireless solutions are within the scope of the WSCA RFP
#1907.
Coverage Maps
The Nationwide Sprint Network is built on a single, digital technology, allowing WSCA employees to
expect the same features and consistent service levels almost anywhere they travel on our nationwide
network. Nearly this entire network now provides 3G data service.
Including roaming and partner networks, Sprint’s wireless voice and data coverage is currently
available to over 278 million people in the United States, including Puerto Rico and the U.S. Virgin
Islands. Across the country, the Sprint 3G Network reaches 19,682 cities and 1,960 airports.
The following map of the continental U.S. shows Sprint coverage across the country and whether the
coverage is provided by Sprint or a roaming partner. It also shows where the data coverage is 3G, 4G,
other data coverage. 4G areas also have 3G coverage. In addition to the 4G areas covered below,
Sprint very recently launched 4G coverage in San Francisco and Los Angeles. All 4G coverage maps
are provided in the separate Coverage Maps binder and on CD.
=
Nationwide Sprint Network Coverage
Coverage maps for locations of specific interest to WSCA are available on CD and in a separate binder
due to their size. Sprint’s Impact tool is also available at http://coverage.sprintpcs.com/IMPACT.jsp to
permit you to generate maps of locations of your choice at any time.
Page 118
Western States Contracting Alliance
Sprint owns and operates the Nextel National Network, which currently serves over 278 million
people, all of the Top 100 markets and 297 of the Top 300 metropolitan areas across the country.
Sprint provides all-digital wireless voice and data services over the proprietary iDEN network to
millions of Direct Connect customers, making it the largest push-to-talk service in the industry. Due
to the uniqueness of iDEN technology the Nextel National Network does not roam onto other carriers’
networks, so subscribers using iDEN never incur roaming charges.
While Sprint does not guarantee coverage in any specific area at any specific time, the performance of
the Nextel National Network has been outstanding, exceeding 99.5% availability since the beginning
of 2002. Coverage shown on the coverage maps is a general prediction of outdoor coverage, and does
not guarantee wireless service will be available at all covered geographic areas at all times. Wireless
coverage is impacted by, among other things, terrain, weather, antenna location, system modification,
foliage and man-made structures (such as buildings), and therefore cannot be predicted precisely at all
times.
CNS
Sprint Custom Network Solutions implemented by our Custom Network Solutions (CNS) group
extends Nationwide Sprint and Nextel National Networks and Sprint 3G and 4G into buildings and
onto campuses to deliver the power, productivity and efficiency of Sprint’s voice and data
communications wherever you need it. Before other carriers even considered in-building services and
solutions, Sprint created the CNS group to meet businesses increasing needs for mobility, and the
group has had the same commitment to in-building and campus-wide convergence services for more
than nine years.
Components of a Custom Network Solution
CNS combines the latest in wireless/wireline technologies and integrated services to offer WSCA a
wide range of communication options. Our portfolio of innovative communication services, robust
security options and industry-leading devices is unmatched by any other major carrier today. CNS
Page 119
Western States Contracting Alliance
understands your need to ensure critical business operations recovery and our network engineers are
ready to conduct proactive contingency planning with you to address any potential areas of
vulnerability within your network and implement the appropriate disaster recovery options. Outtasking to the CNS group can provide many benefits to WSCA for improving efficiency and reducing
costs. CNS is your single point of contact for comprehensive transport-independent, end-to-end
network management services that include all aspects of your communication needs.
Sprint delivers custom network solutions through a consultative, turnkey approach in which WSCA
business objectives are analyzed to assess how improved workplace communication can help you
achieve them, and determine what wireless services you need. The solution design team consists of a
CNS Solutions Engineer, a CNS Program/Project Manager, local engineers and assigned project
personnel from WSCA. Subsequently, within 14-21 business days, CNS will design a solution
according to customer requirements and design walk findings. The design walk requires a detailed
walk around of the campus(s) and all adjacent locations, and typically takes one day. We then design
and deploy a network that supports mobility and produces the performance and results you expect.
The system design utilizes a combination of system architectures to provide in-building and oncampus coverage. CNS offers two levels of solutions:
♦ Basic Network Solutions: Implemented in cases where enhanced coverage for a small area is
required (on 1 or 2 floors of a building, for example) and where there are less than 200 units
involved
♦ Full-Scale Network Solutions: Covering a broader area (such as a full building or campus of
buildings impacting more than 200 units); Full-Scale Network Solutions enable Advanced
Mobility Solutions including Private Radio Solutions, WLAN Infrastructure and Fixed Mobile
Convergence and the creation of Wireless Ecosystems
The primary solution may include a macro-base station design with external rooftop antennas, which
CNS designs to provide adequate radio frequency (RF) penetration to the majority of the campus. In
areas requiring further coverage enhancement, Sprint may design and install a distributed antenna
system with internal antennas placed throughout the required spaces. CNS installs, monitors and
maintains the wireless networks on-site allowing IT departments to reduce costs and focus on other
priorities. Depending on WSCA requirements, a CNS solution will include many or all of the
following components:
Sprint Services
♦
♦
Cellular
Two-way messaging
Page 120
♦
♦
SMR/Direct Connect
Data Applications
Western States Contracting Alliance
♦
♦
BlackBerry Devices
Single mode and dual mode Smart
Devices
♦
Enhanced Base Transceiver
System
PBX Integration
Console Integration
♦
Web-based account management
Requirements Analysis
Site Survey
Network Design
♦
♦
♦
♦
Project Management
Installation
Provisioning
Training
Nextel &Sprint Devices
♦
♦
Handsets
Data Cards
CNS Infrastructure
♦
♦
Distributed Antenna system
Bi-directional Amplifier
CNS Applications
♦
♦
CNS Network Services
♦
♦
♦
The coverage solution required by the WSCA member shall be subject to a separate CNS agreement
with separate terms, conditions and fees, including but not limited to capital contributions and/or
purchase commitments.
Sprint Multi-Carrier Solutions:
In Sprint’s standard Multi-Carrier solution, Sprint installs and manages the RF Source which connects
to the Multi-Carrier Distributed Antenna System (DAS). The DAS itself is then installed and
maintained by a Sprint-approved DAS vendor/integrator. Upon System Acceptance, ownership of the
DAS is transferred to the Customer, who will sign and maintain a Maintenance Agreement for the
DAS.
♦ Multi-Carrier/Multi-Operator--System(s) designed to provide RF coverage for several
wireless carriers/mobile operators (Sprint, Verizon, T-Mobile, etc.) and if needed such
services as WiFi, public safety LMR and telemetry
♦ Neutral Host/Plug-In -- System designed and installed by a 3rd party with intent that various
carriers will want to “plug-in” to the system. System may be owned by facility owner that
wants to provide good cell coverage to patrons.
Network Overview
The Custom Network Solutions Group (CNS) product and service components include:
From the beginning to the end of the customer’s lifecycle, CNS will own and support the customer’s
needs
Sprint currently operates two cellular systems: the Nextel National Network and the Nationwide Sprint
Network. Every CNS full-scale solution is an extension of one or both of these two networks. This
enables seamless mobility for the employees of WSCA when roaming on or off the campus/building.
Page 121
Western States Contracting Alliance
As is the case with other cellular networks, Sprint’s macro networks are designed to provide reliable
outdoor macro coverage to our customer base. In many instances, this design goal and geographic
proximity to nearby cell-sites allows the employees of WSCA to enjoy strong in-building coverage as
well. However, for a variety of reasons, which can include but are not limited to dense building
construction, heavily tinted window glass, uneven terrain, dense foliage or significant distance from
nearby cell-sites, there are times where strong in-building coverage is not available. In other
instances, high user capacity demands at a specific location may create the need to provide dedicated
and scalable capacity and coverage to a particular site. .
To understand how a CNS solution fits within the broader Sprint macro network, it is important to
understand the basic elements of the system. Three key elements comprise the macro network: (1) the
Mobile Switching Office (MSO) (2) the “cell-site” (Enhanced Base Transceiver System or EBTS for
iDEN and Base Transceiver Station or BTS for CDMA) and (3) the Sprint/Nextel device.
As shown in the graphic below, the MSO acts as the “hub” for multiple cell site locations within a
geographic region. The MSO routes interconnect and Direct Connect calls internally or to the Public
Switched Telephone Network (PSTN) depending on the nature of the intended recipient. All EBTS
locations are networked to the MSO via dedicated T-1 circuits. In turn, the EBTS locations transmit
and receive radio frequencies (RFs) to devices within the geographical footprint of the site. RF is a
segment of the electromagnetic spectrum used as the medium for transmitting information over the air.
As a whole, this architecture provides the communication path for a call to or from a mobile handset.
The building depicted in the following graphic depicts a distributed antenna system driven by an
EBTS.
CNS Architecture
RF Source
Every CNS solution must have an RF source that provides connectivity to the broader macro-layer
network. For locations with lower user capacity demands or for “spot” enhancement needs, a bi-
Page 122
Western States Contracting Alliance
directional amplifier (BDA) for iDEN or a repeater for CDMA may be a suitable choice. Rather than
transmitting and receiving its own RF, the BDA/repeater is configured to receive and amplify the
signals of an adjacent macro layer cell site. The BDA/repeater is connected to a distribution system
within the WSCA premises. The RF distribution system broadcasts the wireless signal in locations
where users will be using their handsets.
RF Sources: EBTS and BDA
For locations with higher capacity demands, an enhanced Base Transceiver System (EBTS) for iDEN
or a Base Transceiver System (BTS) for CDMA configuration is often most appropriate. CNS
EBTS/BTS configurations utilize the same equipment as used in the macro-layer network. Dedicated
space, sufficient power, environmental controls and proximity to a telecom demarcation point are all
requirements for an EBTS/BTS-based solution
Radio Frequency Distribution
CNS installations must distribute signals from the
RF source to locations where users intend to use
their devices.
In very specific campus
circumstances, it may be appropriate to install
exterior antennas similar to those used in the
overall macro-layer network.
Most often,
however, the CNS group installs a distributed
antenna system (DAS) within the building(s) to
transport RF from the source to the areas where
users have communications requirements. Various
cabling techniques and equipment may be used
(coaxial cable, fiber optic cable, CAT-5)
depending on the size and scope of a particular
solution, but the overall principle remains constant.
The RF distribution system will transport signal
from the RF source to antenna points positioned
strategically to provide enhanced coverage and
capacity to the intended areas.
Land Mobile Radio (LMR) Solutions
Sprint offers Land Mobile Radio (LMR) solutions
that help WSCA overcome the challenge of
replacing private radio systems with cost-effective, reliable, high capacity digital radio systems. Our
LMR solutions are ideal for any agency that communicates with large groups of mobile workers,
Page 123
Western States Contracting Alliance
including those in public safety, transportation and utilities. In addition, Sprint’s LMR Interoperability
Solutions can help WSCA:
♦ Reduce the costs associated with expanding LMR systems for more effective use of budget
dollars.
♦ Free up capacity on the radio network by moving certain user groups to the Push to Talk
service.
♦ Implement a back-up solution in case of an LMR system outage.
Sprint LMR solutions are based on PC-based dispatch consoles
capable of interconnecting private radio networks with the
Nextel National Network. Once integrated, the console
operator controls communications between Nextel and
disparate two-way radio, public telephone and paging systems.
This consolidation of multiple telecommunication connections
simplifies a complex combination of services into a single,
integrated system.
Console solutions are compatible with private radio systems
including P25, ASTRO, SmartNet, SmartZone, EDACS and
many other proprietary communications systems and
networks. An integrated LMR solution provides interoperable
communications between virtually any LMR and a Nextel
handset. Console systems supported include Motorola, Zetron,
Telex, Avtec, Microvoice, Positron / IPC (formerly Orbacom)
and many others.
Land Mobile Radio (LMR)
Solution Architecture
Sprint Nextel interoperability solutions complement existing private radio systems by minimizing the
operational challenges faced every day, allowing WSCA to utilize their existing investment and
simply build upon it.
Key capabilities of Sprint private radio dispatch solutions include:
♦ User Friendly Graphical User Interface to assist the
dispatcher
♦ Database Management – Capable of storing thousands of
alias names for Nextel IDs, radio IDs and telephone
numbers
♦ Simul-Select – Simultaneously transmit to multiple
individuals or Talkgroups
♦ Voice Patching – Bridging two or more individual or
Talkgroups together
♦ Activity logging – Audio recording using standard Voice
Logging Recordings
♦ Telephone Interconnect – telephone calls can be made,
received, patched and recorded
♦ Facility monitoring and control
♦ Economical, scalable LAN based architecture
Page 124
PRIVATE RADIO SOLUTION (LMR)
BENEFITS
♦ Augment or replace private radio
systems
♦ Interoperability between existing
LMR systems and the Nextel
National Network
♦ Industry specialists in
communication solutions
♦ Cost effective, scalable, high
capacity & reliable
Western States Contracting Alliance
Operational Efficiencies
Putting Nextel dispatch services in the hands of less critical personnel effectively conserves a very
limited resource – private radio system frequencies. The overall result of conserving these frequencies
is increased private and group call capacity and in expansion of dispatch operations.
A single Nextel control station can be used to communication with multiple Talkgroups or individuals.
If more than one Nextel Talkgroup or individual needs to be contacted simultaneously, multiple
Nextel control stations can be employed. For console systems that don’t offer full support of the
Nextel radio protocol, the Nextel control stations can be connected using the console’s basic
conventional “local control” interface.
The combination of Nextel and a Private Radio Network delivers an integrated and interoperable
system, while maintaining each individual network’s unique strengths. Service as the ideal
supplemental or complementary system, the Nextel National Network delivers the interoperability,
coverage, capacity and reliability that organizations need now and well into the future.
ERT
Whether it is a natural disaster or a man-made emergency, being ready to go on a moment’s notice can
save billions of dollars and sometimes lives. With Sprint’s Rapid Deployment Solution the ERT
Go-Kit from Sprint’s Emergency Response Team, companies can keep a cache of active, ready-to
deploy wireless devices, accessories and 3G Mobile Broadband connection cards, that when deployed
are ready for quick communication during an emergency, preparedness training drill or planned event.
Simply purchase iDEN and/or CDMA devices, 3G cards and accessories and pay a low monthly
service cost to keep them ready for deployment and then pay for the service only when you use the
phones.
For WSCA emergency response units, Sprint Nextel recommends our Emergency Response Team
(ERT) Go-Kit. With the ERT Go-Kit, public safety agencies, like WSCA, can keep a cache of phones
on-hand and ready to be deployed quickly for communication during emergencies, preparedness drills
or pre-planned events. WSCA will need to simply purchase phones and accessories. WSCA pays a
very low monthly ERT Plan to maintain the units in an active, “ready to go” state. Wireless service
charges for airtime only accrue when the phones are deployed and in use.
ERT Go-Kits make it easy for WSCA to be prepared for any emergency. Simply do the following:
♦ Choose from a variety of iDEN and CDMA phones, 3G wireless air cards and accessories.
Including multi-bay battery chargers
♦ Specify the quantity and configuration of your rugged, shatter-resistant Stormcase™ cargo
containers
♦ The ERT will inventory, package, program, label, test and charge your phones prior to you
receiving your ERT Go-Kit
♦ Manage your phones with our label printing program and the easy-to-follow directions in our
ERT Go-Kit Handbook
Customize
WSCA can choose from a variety of iDEN and CDMA devices, 3G Mobile Broadband Cards and
accessories. Simply specify the quantity and configuration of your rugged, shatter-resistant Stormcase
cargo containers.
Manage
♦ WSCA can reserve your phone and Direct Connect numbers with a low monthly fee so that
you can publish your ERT Go-Kit phone numbers in your Emergency Planning Documents,
Page 125
Western States Contracting Alliance
Contacts and Distribution lists. This low monthly ERT Number Reservation Fee also ensures
that your units are maintained in an always active and ready to deploy state (no calling into the
ERT Hotline to activate/deactivate your units).
♦ As part of the ERT Go-Kit Service, WSCA members will also receive 24x7x365 Live
Support through our ERT Agency Hotline and a Dedicated ERT Deployment Manager
♦ WSCA will receive your devices inventoried, packaged, programmed, labeled, fully charged
and call tested.
♦ WSCA can manage your devices with our label-printing CD (included with your kit) and the
easy-to-follow directions in your ERT Go-Kit Handbook.
The Sprint Nextel Emergency Response Team Go-Kit
ERT Professional Services4:
A critical component of Sprint’s rapid deployment solutions is our Emergency Response Team (ERT),
which includes a team of communications professionals experienced in multiagency operations,
military combat situations and more than 3,800 deployments. In addition to being ready for
deployment as needed by emergency managers, ERT provides a wide variety of professional services
including Program Design for development of Response Teams, Pre-Implementation Services and
consulting on technical communications design and impacts, On-site Technical Support for remote or
short-term deployments and Network Support.
♦ Pre-Implementation Services from ERT provide high-level technical expertise on a variety
of wireless communication topics. Sprint ERT Pre-Implementation fees are charged a per
hour rate per ERT member plus Travel & Lodging (if applicable).
♦ Training: Field training exercise scenarios, planning and services, and field operations
♦ On-Site Field Technical Support from ERT provides experienced personnel on remote
deployments of temporary infrastructure and entails the following:
o Full-time Sprint ERT member that will provide availability in the immediate vicinity of
the deployment on a 24x7 basis for SatCOLT, COW or IPoS remote deployments
♦ Network Support - Full-time Sprint member will provide availability for network monitoring
of temporary infrastructure for SatCOLT, COW or IPoS remote deployments.
WSCA member’s use of the Sprint Emergency Response Team Go-Kit shall be governed by the ERT
Go Kit Product Annex as posted at http://www.sprint.com/ratesandconditions.
4
ERT services, product availability and pricing are subject to change at Sprint’s sole discretion. Additional
terms and conditions may apply.
Page 126
Western States Contracting Alliance
Sprint Rapid Deployment Solutions5
Sprint’s Emergency Response Team (ERT) specializes in short-term, rapidly deployable, highly
mobile and self-sustaining solutions that provide critical communication and connectivity virtually
anywhere, anytime. Our innovative Rapid Deployment Solutions provide an easily deployable and
scalable set of voice, video and data equipment to government agencies, public safety, the military,
first responder community and private corporations. When an emergency or planned event happens,
Sprint’s Rapid Deployment Solutions enables ERT to seamlessly augment existing government or
corporate communication infrastructures, work hand-in-hand with agency personnel and allow
emergency personnel to concentrate on vital operations instead of technical shortcomings. Our Rapid
Deployment Solutions also offers WSCA members programming, training and technical support in a
number of areas such as emergency talkgroup configuration, and device training.
Our Rapid Deployment Solutions provide a comprehensive response to WSCA members’ emergency
communications requirements and include:
ERT Infrastructure Leasing (SatCOLT and COWs)
In areas where Sprint’s existing network is unable to provide voice and data services, ERT can provide
rapidly deployable, highly mobile and self-sustaining cell sites
that extend our standard network coverage area. Sprint can
deploy Satellite Cells on Light Trucks (SatCOLTs) and
Temporary Cell Sites on Wheels (COWs) in both urban and rural
areas, which we linked to nearby permanent Sprint cell sites via
microwave or T-1 facilities. This linkage allows the transmission
of voice and data services from a subscriber’s handset to the
network and subsequently the rest of the Public Switched
Telephone Network (PSTN). Sprint has deployed thousands of
SatCOLTS and COWs, some of which have been in heavy use for
several months.
Sprint bases the criteria for SatCOLTS or COW deployment during network outages on the magnitude
of the outage and the potential benefits gained by deploying the SatCOLT or COW. If SatCOLT or
COW deployment is a realistic resolution for a disaster (such as the World Trade Center), it can be
deployed in as little as three days, although this requires a great deal of cooperation with the local
telephone company. The newer COW model “Super COWs” have microwaves, which significantly
decrease set up time.
Sprint can deploy SatCOLTs and COWs in both urban and rural areas, which we linked to nearby
permanent Sprint cell sites via microwave or T-1 facilities. This linkage allows the transmission of
voice and data services from a subscriber’s handset to the network and subsequently the rest of the
Public Switched Telephone Network (PSTN). Sprint has deployed thousands of SatCOLTS and
COWs, some of which have been in heavy use for several months.
SatCOLTs provide the same voice and data traffic transmission capabilities as the standards COWs,
but use a Geostationary Earth Orbit (GEO) satellite operating in the Ku Band instead of a T-1 or
microwave connection to transmit to the permanent Sprint network and the PSTN. SatCOLTs can
support up to four T-1 lines, only one of which is needed for the SatCOLT’s backhaul to the network.
Sprint may use the other T-1 lines to support additional data transmission, up to and including video in
limited situations. SatCOLTs are most valuable in areas where a T-1 backhaul connection is not
5
ERT services, product availability and pricing are subject to change at Sprint’s sole discretion. Additional
terms and conditions may apply.
Page 127
Western States Contracting Alliance
available or prohibited due to time constraints, geographic location, legal restrictions or the specific
conditions of an emergency. SatCOLTs employ the same type of satellite and frequency as
commercial satellite television providers such DirecTV and the Dish Network.
Deploying SatCOLTs and COWs for Non-Emergency Events
There is a separate process for WSCA members to request a SatCOLT or COW to fulfill a marketing
need (partner event, large business request, or major event like the Super Bowl). First, WSCA
members must contact your Sprint Account Representative and request a SatCOLT or COW. The
account representative will then forward your request to our corporate headquarters, who will evaluate
the economic value of deploying a SatCOLT or COW. Because our SatCOLTs and COWs need to be
available for emergency network outages and large sales marketing events, our network will need at
least two months’ notice for WSCA members to use a COW due to leasing, zoning and FAA
requirements.
ERT Infrastructure Leasing (IPoS):
The ERT Satellite IP Trailer is a self-contained box trailer that can be
towed by any midsized or larger vehicle. It provides fast, secure satellite
communications via its KuBand satellite dish to provide quick access to
Data, Voice over IP (VoIP) and video teleconferencing at almost any
location in the United States. Type 1 encryption is offered as an additional
feature. No commercial power is required, as an on-going generator can
power up internal and external equipment. The Auto-Acquiring VSAT
system allows satellite network connectivity in less than 15 minutes. The Satellite IP trailer is
available as a gas generator and as a diesel generator. PBX equipment can support either Cisco or
Nortel.
Sprint Isolated Site Operations
Sprint Isolated Site Operations (ISO) solutions utilize the “satellite global
telecommunications technology” that enables a back-up communication
option for WSCA members in the event of a T1 or Dispatch Application
Processor (DAP) failures. ISO is a cost-effective, simple communicationredundancy software feature that is implemented in the Nextel National
Network specifically for businesses that have an enhanced coverage
solution at their location to enable intra-site communication across
designated (Talkgroup/scangroups) and available for use with Advanced
Feature Unit (AFU) handsets. In addition to T1 diversity and satellite back-up and because the system
activates in approximately 10 seconds of a T1 outage or DAP failure, our ISO solutions provides
WSCA members another layer of communication reliability that can be used in conjunction with
WSCA members’ comprehensive disaster recovery plan for voice, push-to-talk and data services.
Because our ISO solution uses WSCA members’ dedicated coverage-uses existing cell site to provide
service, WSCA members users will not be aware of the alternate transport method in a failover
situation because all mission critical services such as Group Talk and Direct Talk will function
normally. While there is a nominal charge for the software feature, there is no additional charge for
hardware and all inbound and outbound “Interconnect Calls” will be billed as normal during the
failover situation.
ERT Go-Kits:
The ERT Go-Kit component of the rapid deployment solution contains a cache of iDEN and CDMA
phones and 3G Mobile Broadband Connection Cards that are active and can be deployed quickly for
emergencies, drills and exercises.
Page 128
Western States Contracting Alliance
Activating the Sprint Emergency Response Team Go-Kit
Activation takes three rapid and simple steps:
♦ Call ERT’s 24x7/365 Support Hotline to initiate activation (1-888-639-0020 or GETS users
254-295-2220)
♦ The Organization’s equipment will be activated to specifications
♦ Once activated, equipment is ready to use
WSCA member’s use of the Sprint Emergency Response Team Go-Kit shall be governed by the ERT
Go Kit Product Annex as posted at http://www.sprint.com/ratesandconditions.
ERT Equipment Rentals:
ERT has an inventory of over 30,000 iDEN and CDMA/EVDO rental devices to deploy for clients
requiring temporary, short-term voice and data solutions. All Sprint Nextel wireless services can be
supported including standard domestic cellular, Direct Connect (group and private), packet data
(EVDO 3G air card and handsets), Priority Services (Wireless Priority Services and Priority Connect –
when requested and authorized).
ERT provides custom programming and technical
support/distribution services for clients requiring additional support levels.
ERT Customer Service Center
Sprint is offering a toll free phone number (1-800-390-7545) and is operational 24x7x365 for the
purpose of reporting equipment problems and malfunctions or customer questions regarding their
services.
Nextel Direct Connect Priority Services
Nextel Direct Connect, our long-range two-way radio service has become an invaluable tool for local,
state and federal public safety agencies. Sprint is the only nationwide, commercial wireless service
provider to offer Priority Connect Push-to-Talk and Priority Access for cellular calls. Additionally,
we offer our Public Sector subscribers secure voice and data service, ruthless preemption for Push-toTalk services, premium customer care and customized data applications designed to meet emergency
management and law enforcement needs.
Nextel Direct Connect service is built on a separate technology layer from the cellular network and is
not dependent on the public switched telephone system (PSTN) which often becomes overloaded in
emergencies causing system blocking for most cellular providers. In order to best serve our many
government and public safety contracts, our service provides a high degree of reliability and every
cellular tower we operate is backed up with battery power.
Wireless Priority Services (WPS)
The National Communication Systems (NCS), a division of the Department of Homeland Security
developed Wireless Priority Services (WPS) to meet a directive from the White House to enable
authorized National Security (NS) and Emergency Preparedness (EP) personnel to make cellular calls
during the event of an emergency or disaster when channels might otherwise be congested. WPS is
invoked by authorized users on a call-by-call basis by dialing *272 + Dialed Number.
WPS provides priority network access at the originating cell site, which is accomplished through call
queuing for radio traffic channels, and High Probability of Completion (HPC) capabilities that enable
end-to-end priority treatment. Critical HPC features include:
♦ SS7 IAM enhancements that ‘mark’ and prioritize WPS calls; call marking enables priority
treatment to be forward to subsequent nodes and networks that have HPC capabilities
Page 129
Western States Contracting Alliance
♦
♦
♦
♦
♦
Trunk queuing at the originating and terminating mobile switch
Priority radio channel queuing at the originating and terminating cell site
Call routing enhancements
Glare handling enhancements
Priority treatment of Government Emergency Telecommunications Service (GETS) calls
WPS is available only for authorized NS/EP users. NCS has established five categories to identify
critical NS/EP leadership functions and determine eligibility.
Environmental Responsibility
Sprint is committed to being a corporate leader in environmental
responsibility. In 2008, Sprint became the first United States wireless
provider to establish a clear environmental vision by publishing a set of
long-term environmental goals. Sprint already leads the industry
through its commitment to absolutely reduce greenhouse gas emissions,
deployment of renewable energy, and its aggressive cell-phone
recycling efforts. These efforts are bolstered by environmentally
responsible building practices, “green” IT, waste-reduction efforts, ebilling practices, environmentally beneficial products and services, and
a strong environmental employee-engagement program, to name just a few. Please read on to learn
about our long-term environmental goals and the critical environmental initiatives we have under way.
Sprint leads the U.S. telecommunications industry in “going green.”
♦ 24% of corporate office electrical power sourced from wind, which includes 80% of our
headquarters campus electrical power
♦ We’ve collected more than 20 million wireless phones for reuse and recycling, including 3.7
million in 2009 alone.
♦ Named #6 on Newsweek’s Green Rankings 2010.
♦ Sprint was named as one of the world’s 53 leading companies in the 2010 Carbon Disclosure
project’s “Carbon Disclosure Leadership Index.”
Sprint’s Long-Term Environmental Goals
1. We will reduce our greenhouse gas emissions by 15 percent by 2017.
2. We will secure 10 percent of Sprint’s energy from renewable sources by 2017.
3. We will recycle 50 percent of our operational waste from our commercial facilities by 2017.
4. We will send for reuse or recycle 95 percent of our Network and IT e-waste by 2017.
5. We will ensure that 90 percent of our suppliers comply with our environmental standards by 2017.
6. We will achieve a 90 percent device collection rate (measured as the number of total devices
collected divided by the number of devices sold), by 2017.
Climate Change
Sprint understands that climate change is a critical issue and that reducing greenhouse gas (GHG
emissions) is an important goal. As a large corporation with thousands of locations throughout the
United States, Sprint has a role to play in the reduction of harmful greenhouse gas emissions, and is
actively engaged in making a difference. Sprint has committed to absolutely reduce its GHG
Page 130
Western States Contracting Alliance
emissions by 15% by 2017 and to increase its use of renewable energy to 10% by 2017. The majority
of Sprint’s GHG emissions come from energy use in Sprint’s network and facilities. Sprint has been
actively working to reduce its energy impact for the past several years, as evidenced by our large
purchases of renewable energy, investments in alternative energy research, and development of an
energy-conservation program.
EPA Climate Leaders
Sprint recognized the need for a baseline study to effectively measure our emissions and the potential
benefit of working with other corporations to reduce total emissions. In the fall of 2007, Sprint
became the first wireless provider to join the Environmental Protection Agency’s (EPA’s) Climate
Leaders Program. Climate Leaders is an industry-government partnership aimed at developing longterm comprehensive corporate climate-change strategies. As a partner in this program, Sprint
completed a GHG baseline study and announced a goal to reduce its GHG emissions by 15 percent
over 10 years, based on a 2007 baseline of 2.2 million metric tons. Sprint is the only U.S.-based
wireless telecom to have a published absolute GHG reduction target. In just its first year of
measurement and reporting, Sprint achieved a 6.8% reduction moving from 2.18M metric tons of
GHG emissions to 2.03M metric tons.
Carbon Disclosure Project
Sprint also participates in the Carbon Disclosure Project (CDP). CDP is a non-profit organization that
is led by institutional investors in partnership with government and non-government organizations.
This group’s goal is to encourage companies to report GHG emissions and disclose climate change
risks and opportunities to investors. In CDP’s 2009 Global report, Sprint was ranked the highest
among US wireless providers for its 2008 disclosure.
Energy Use and Conservation
The majority of Sprint’s scope 1 and scope 2 greenhouse gas emissions, 96%Sprint has an energymanagement program for all of its enterprise real estate facilities. Each commercial facility has been
audited, and measures to reduce energy use have been evaluated and put in place. These measures
include installing building automation systems, web-based meter information systems and demand
response capabilities. Sprint’s energy-management program has resulted in reducing energy use by an
average of more than 9 percent each year for over 6 six years and saved nearly 23 million kWh
nationally in 2008 alone.
So, our energy reduction in 2008 equates to 21,400 tons of CO2, or:
♦
♦
♦
♦
Taking 3,918 passenger cars off the road for one year
Reducing oil use by 49,744 barrels per year
Saving the electricity used in 2,967 households each year
Preserving 149 acres of forest.
Sprint believes that energy conservation is the most important action it can take to reduce its
emissions. Power management was highlighted as one of the 5 green things employees could do to
help Sprint achieve its GHG reduction goals. They were provided with facts about PC and monitor
energy consumption, encouraged to turn off all lights and equipment when not in use, and put in
power strips to facilitate nightly shutoff. Sprint is proud of the efforts employees are making to help
reduce overall GHG emissions globally.
Green Energy
Sprint leads the wireless industry within the U.S. in terms of actual renewable energy in use. Sprint’s
green energy initiatives include wind, solar, hydrogen, and geothermal power. We began testing wind
Page 131
Western States Contracting Alliance
energy in 2004 when we started purchasing Green-e wind energy certificates for one of our
headquarters buildings in Overland Park, Kan. In two years, Sprint prevented approximately 1,000
tons of carbon dioxide from entering the atmosphere with these purchases.
In April 2006, Sprint Nextel expanded its commitment to green power use, announcing a five-year
agreement with Kansas City Power & Light (KCP&L) that facilitated the building of the Spearville
(Kan.) Wind Farm.
As part of that agreement, Sprint agreed to purchase 87M kilowatt hours per year for its 200-acre
Overland Park, Kan., headquarters campus from Kansas City Power & Light via the Spearville, Kan.
wind farm. In 2008, this accounted for 80% of Sprint’s campus energy needs. This purchase provided
a reduction of 87,519 metric tons of C02 equivalents in 2008) emissions each year and is the
equivalent of:
♦
♦
♦
♦
Taking 16,029 passenger cars off the road for one year
Producing 203,533 fewer barrels of oil a year
The electricity used in 12,139 households each year, or,
Preserving 610 acres of forest.
Sprint plans to continue to expand its use of green power and currently ranks in the top 25 purchasers
of green power in EPA’s Green Power Partnership Fortune 500 registry.
Energy Research
In addition to energy efficiencies in its commercial facilities, Sprint also has efforts under way to
“green” the power used in its networks, including a partnership with the Department of Energy to
conduct alternative energy research. Sprint currently works with two national laboratories – Sandia in
Albuquerque, N.M., and National Renewable Energy Lab (NREL) in Golden, Colo. Their projects
include energy storage and photovoltaic panel research.
In an effort to produce green backup power during commercial power outages, Sprint has already
deployed more than 250 hydrogen fuel cells at cell sites, with more installations planned. Sprint is also
using solar-powered energy at cell sites in California and New York. The photovoltaic panels capture
solar energy and power the site using sunlight during the day then switch back to commercial utility at
night.
In addition, Sprint is exploring geothermal systems as a way to
reduce electricity use by improving cooling efficiency and
improving reliability by avoiding high heat equipment shutdowns.
In these systems, the heat from a cell site is transferred to a heat
exchange system and cooled through wells drilled in the ground.
In April 2007, Sprint installed a small wind turbine on its Overland
Park, Kan. campus to test use of wind as primary power for cell
sites. The turbine was the first of its kind in the community and
continues to provide excellent data for our energy researchers. It is
also iconic of Sprint’s commitment to alternative energy.
Sprint’s most exciting new achievement on green network energy
is the $7.2M United States Department of Energy grant it received
for hydrogen fuel cells. Sprint had expanded its own fuel cell
Page 132
Western States Contracting Alliance
deployment. Sprint’s solution for hydrogen fuel cells with more extended run-time will be of use in
many industries.
Green Building
Sprint’s Operational Headquarters in Overland Park, Kan., has received a Leadership in Energy and
Environmental Design (LEED) Certification from the U.S. Green Building Council (USGBC) for one
of its buildings, and is in the process of certification for others. LEED Certification is a nationally
accepted program for the design, construction and operation of high-performance green buildings. In
constructing the facility, Sprint implemented practices to
ensure future construction will have minimal environmental
impacts.
Some of the eco-friendly features highlights of the 200-acre
Overland Park, KS, campus include:
♦ Capture of site run-off water to use for landscape
irrigation (no city water is used)
♦ Restoration of wetlands and natural landscape
♦ Plantings of more than 6,000 trees; use of landscaping for shade
♦ Dedicating 60 percent of the campus to green space
♦ Regional extraction of 81 percent of campus construction materials, reducing transportation
emissions
♦ Use of PETA-certified border collie program for migratory-bird control
♦ A comprehensive composting program that takes food waste and other compostable waste
such as cardboard, and turns it into useful by-products
♦ Use of solar power for signage
♦ Preferred parking for drivers of hybrids or carpoolers to encourage reduction of employee
GHG emissions
♦ A "Smart Commute" program to help employees find and use alternative transportation
options
Sprint began participating in the LEED for Retail pilot program in 2008 and in 2009 was the first
telecom to receive LEED certification for a retail store. Sprint will use this store as a model for future
retail store remodeling projects. In late 2009, approximately 500 stores were remodeled using many of
the key LEED elements from the pilot store experience. Sprint also received its first energy-star rating
for a retail store in 2009.
Recycling Operational Waste
Sprint expects to achieve its initial 10-year goal to recycle 50% of its operational waste. This baseline
measure is nearly complete and actions have already been implemented to include the eliminations of
Styrofoam cups throughout the company. We have also implemented:
♦ Broad employee recycling programs at large employee centers
♦ Reduced our paper use by 75% from February to November 2008, from 8.9M sheets per
month to just 2.2M
Sprint’s Overland Park campus is a waste management showcase with a strong composting program,
weekly employee shred program, cardboard recycling programs at loading docks, eco-friendly
cleaning products, motion sensing hand dryers and faucets, water recapture system, landscape waste
program, and use of electric and hybrid vehicles for maintenance and safety.
Page 133
Western States Contracting Alliance
Our efforts also extend beyond the Sprint campus, to Sprint retail stores that already have a Zero ewaste policy in place.
Sprint Certifications
Sprint belongs to or has been recognized by the following organizations for its green efforts.
M2M Embedded Mobile Computing Solutions
Sprint has partnered with leading manufacturers to build modules embedded with Sprint 3G and 4G
microchips, enabling the transformation of a variety of electronic devices into powerful digital
communications solutions. Using these embedded modules, Original Equipment Manufacturers
(OEMs) can cost effectively integrate digital voice, broadband data communications and GPS
functionality into devices to make them compatible with Sprint 3G and 4G6 networks. Moreover, the
modules’ small form factor is ideal for compact laptops, modems, meters, call boxes, mobile
terminals, mobile productivity and location and navigation solutions in the transportation, field
service, public safety and utility industries.
With a growing number of manufacturers incorporating wireless embedded modules into their mobile
computing and M2M equipment offerings, Sprint is able to extend our wireless portfolio beyond
handsets and data cards to offer a broad range of wireless solutions that include a variety of laptop and
notebook computers as well as a variety of machine-to-machine (M2M) devices7 to support
applications such as:
♦
♦
♦
♦
♦
♦
Asset and People Tracking
Digital Signage
Fleet and telematics
ATM/Point of Sale
Remote securing and monitoring
Smart Grid
Sprint’s Mobile Computing Solutions combine the following three elements:
6
Where available
4G modules are currently available for select laptop and notebook computers only. To date, only 3G modules
are available in other devices.
7
Page 134
Western States Contracting Alliance
♦ Devices – Sprint works with leading OEMs to bring to market the highest quality equipment.
♦ Wireless Network – Sprint is the first carrier to offer both 3G and 4G networks
♦ Software Infrastructure – Through our relationships with Industry Solution (IS) Partners,
Application Partner Programs (APPs) and Technology Partners, Sprint brings to market
mobile applications designed to meet the unique needs of several strategic verticals.
With Sprint Mobile Computing Solutions WSCA members can experience:
♦
♦
♦
♦
♦
♦
♦
♦
♦
Additional Options to access the Sprint 3G and 4G network
Increased durability reducing the risk of lost or damaged external devices
Improved connection due to tighter integration with hardware and connection software
Consolidation with pre-installed equipment simplifying assets and increasing end-user and IT
staff productivity
Low cost through reduced deployment time from IT staff and lower device failure rates
Protection for data and devices through inherently secure Nationwide Sprint Network and
application security features
Cutting edge technology being used throughout multiple industries
Rugged designs guaranteed to military standards
Same convenient, easy monthly pricing structure as the connection card
The following is a simplified diagram showing the major components of the Sprint 3G and 4G
networks as used in a call between two wireless modems or between a wireless modem and the
Enterprise Network. The components at the network edge (PDSNs, Mobile Switching Centers, Base
Stations, etc.) are duplicated in hundreds of locations nationwide. The dotted line indicates call paths
when a modem is away from its home PDSN.
Page 135
Western States Contracting Alliance
Asset & People Tracking
Sprint has partnered with leading manufacturers to offer an expansive range of location-enabled
wireless devices and applications utilizing technology that can tell you exactly where WSCA
members’ workers and your assets are, in real time, almost anywhere on the Sprint 3G network and
4G networks, where available. These applications are making a huge impact in personal safety by
helping parents, caretakers and authorities monitor children, patients and workers as well as new
services that redefine the standard for on-time order delivery and asset-loss prevention.
Solution
AnyData APT-210D
Solution Description
Revolutionary pocket-watch size, personal care device for each member of your
family including your pet.
Type:
M2M Device
Solution Name
AnyData APT-210D
Solution Provider/Partner
AnyDATA
Solution URL
http://www.anydata.com
Sendum
Sendum's Package Tracker PT200 is a very small wireless package tracking device
specifically designed to meet the demanding needs of shippers who need to be able
to track high-dollar packages/cargo.
Unlike other solutions, our PT200 product is specifically designed for tracking
packages which require a small size, low cost and a long battery life.
OmniLink
Through a combination of easily integrated, location-enabled wireless devices and
all types of location networks, the Omnilink solution is capable of tracking assets
whether they are inside a dense building, traveling in a truck or train, or sitting at a
remote work site.
The Omnilink applications provide peace of mind by continuously reporting the
location of valuable assets, providing 24/7 monitoring, and tailored response
procedures if assets are lost or stolen.
Digital Signage
Thanks to the digital signage industry, WSCA members can now instantly deliver real-time
information across your entire business or to just one location. With intelligent-screen costs down and
ubiquitous wireless connectivity, the key to success is delivering robust personalized messaging
anytime…anywhere.
Sprint is the only national carrier that gives you network bandwidth with Sprint 3G and 4G, networks
(4G where available), plus low-cost chipsets and traffic, so you can deliver richer content to more
screens.
We have partnership agreements in place to help WSCA members reduce installation costs, expand
your number of channels and increase your signage footprint with minimal effort. Whether you're
seeking to provide in-store marketing to promote products, to create video messaging
(narrow/broadcasting), to deliver up-to-the-minute updates, or to launch mobile advertisements, Sprint
has the next-generation network and solutions you need.
Solution
MediaTile
Solution Description
MediaTile is an award-winning digital signage innovator and solution provider.
Their products and services significantly reduce the effort and expense of
deploying and operating OOH networks while maximizing viewer impact.
MediaTile has deployed more cellular-connected digital signs than any other
vendor in the world. Their unique cellular approach eliminates the need for on-site
networking, and our web-based SaaS (software as a service) media delivery and
management system simplifies network operation and content programming..
Page 136
Western States Contracting Alliance
ICG
I.C.G. offers an end-to-end wireless solution that delivers High Definition
audio/video transmission, anytime, anywhere. I.C.G.’s unique business model
harnesses the power of the web, wireless networks, social media and services that
enable, enhance and streamline the overall sales and marketing efforts for
businesses of all sizes.
I.C.G.’s self-contained wireless digital media solution (MobileMedia System, ViFi
Adapter, ICMedia Applications, and ICNet/ICPro services) provides cost-effective,
out-of-the-box functionality that help companies increase Brand awareness,
enhance customer experience, and streamline communication through POP, Web
and WAP to and from a variety of devices such as flat panel displays, cameras, cell
phones, etc. By supplying I.C.G.’s complete, turn-key business solutions to
advertisers, retailers, venue operators and more; each are provided the
affordability, scalability, and mobility required to stay ahead in today’s everchanging marketplace.
Type
Solution Name
Solution Model
Solution Provider/Partner
Intel Embedded
M2M Device Integrator (Partner Solution)
Digital Signage in a Box
MobileMedia System and ViFi Adapter
Internet Connectivity Group, Inc.
Digital signs with Intel vPro technology inside deliver rich multimedia content while
enabling remote management, advanced security, energy savings, and lower TCO.
Intel Core processors with AVA enable digital signs to measure marketing ROI by
capturing audience data and deploy targeted ads based on demographics (age
and gender). AVA can:
♦ Track how many viewers and how long they viewed
♦ Gauge audience interest
♦ Correlate advertising to purchases
Fleet & Telematics
Many leading companies look to Sprint for superior fleet-tracking and telematics solutions because
we’re the nation's number one provider of GPS solutions with more than 10 years of experience and an
extensive base of B2B clients. We’re continually evolving the industry by bringing you the first
wireless network from a national carrier and partnering to launch the world's latest SMART Cars and
Trucks, with technology that puts unrivaled connectivity in the cab. We can connect WSCA members
to an extensive array of best-in-class OEM embedded-hardware vendors. And with 3G embeddedmodule costs lining up with GSM module pricing, the number of fleet management devices and
solutions will be ramping up even more.
Sprint solutions offer a superior way to remotely locate, navigate and track the location of vehicles
almost anytime, virtually anywhere. We can improve overall fleet management and customer service
and can provide latest in remote technology to help you monitor vehicle performance, maintain vehicle
health, minimize out-of-service-time and improve driver safety.
Solution
XATA
Solution Description
XATANET is a driver-centric software solution that helps companies optimize their
large truck-fleet operations. XATANET's software-as-a-service (SaaS) applications
assist our customers in making the right calls on cost reduction, streamlining safety
and compliance, while differentiating their fleet operations.
By leveraging commercially-available products, including a wide variety of in-cab
and handheld displays and devices, XATANET responds to the ever-changing
needs of our trucking customers and the industry. XATANET enables a complete
end-to-end information truck-fleet operations system by integrating with the industryleading logistics providers to run an efficient and successful trucking operation in
today’s competitive and tough economic environment.
With XATA’s fleet performance management tools, our customers are can monitor
Page 137
Western States Contracting Alliance
and manage their entire fleet operations, allowing them to track key performance
indicators (KPIs) and spot trends before they have a negative impact on operations.
Capabilities include: -- Electronic driver logs for DOT HOS reporting -- State fuel tax
reporting -- Asset tracking -- In-cab messaging -- Truck navigation -- Speed
management -- Refrigerated trailer management -- Route optimization -- Exception
reporting on operational events outside user-defined limits -- Delivery status and
OS&D reporting -- Time and distance between stops -- Idle time reporting -- Preand post-trip reporting
DriveCam
Type
Partner Solution
Application
Solution Name XATANET
Solution Provider/Partner
XATA Corporation
DriveCam dramatically reduces fuel expenses and claims costs – while saving lives
– by improving the way people drive. By combining sight and sound, expert analysis
and driver coaching, DriveCam has reduced vehicle damages, workers'
compensation and personal injury costs by more than 50 percent and fuel
consumption by up to 10% in over 130,000 commercial vehicles.
Type
Solution Name
Solution Provider/Partner
Qualcomm
M2M Device (Partner Solution)
DriveCam
DriveCam
Mobile Computing Platform 200 Series transforms your trucks into mobile operations
centers and your fleet into a network of terminals. Working with your drivers is
transparent and efficient, like they were across the hall instead of across the
country. The result is increased productivity, better customer service, and more
loaded miles. In two words: more revenue.
ATM/Point-of-Sale
Using today's technology, any merchant can instantaneously process payments virtually anywhere
inside and outside the four walls of a storefront - everything from credit cards and debit cards to
checks, smart chip cards and electronic benefits transfers (EBTs).
The benefits are obvious: bring the payment process to the customer and you greatly increase
efficiency, flexibility and service. However, a key concern among retailers is data security, which is
just one of many reasons so many retailers rely on Sprint - with Sprint, WSCA members gain the
renowned security of our 3G and 4G networks (where available). Our solutions also give you the
ability to drill into detailed analysis on any particular wireless transaction.
Solution
Solution Description
Elavon
VeriFone’s Vx 610 wireless terminal delivers reliable, high-speed performance,
advanced functionality, extended coverage and exceptional ease of use.
Using the Sprint 3G and 4G networks (where available), the Vx 610 allows
transactions to be processed just about anywhere, at any time. New points of
payment can be set up wherever you like! This is a great advantage for anyone who
needs to offer payment in a temporary location or a business that’s on the go.
Plus, the Vx 610’s battery-powered, all-in-one design totally eliminates the need for
cords and charging bases, giving you more mobility and hassle-free performance
than ever before. The Vx 610’s intuitive ATM-style interface and compact ergonomic
design provides a familiar experience for users. With all this to offer, it’s no wonder
the Vx 610 is known as the “portable powerhouse.”
Remote Monitoring & Control
Today, more than ever, it is critical for organizations to have real-time data and control over critical
infrastructure and remote assets. Since the early inception of telemetry, Sprint has given professionals
Page 138
Western States Contracting Alliance
the power to know exactly how their equipment is performing, from oil wells and waste-water valve
controls, to electric utility grid switches and any other type of asset connected to a Remote Terminal
Unit (RTU).
With Sprint, not only will WSCA members know if your equipment is functioning as designed, if
there is a problem you'll be instantly alerted, thereby improving security, minimizing downtime and
mitigating risk. And with today's advanced solutions, you have more power than ever to monitor
commodities in real time and adjust pricing or supply accordingly.
Sprint has industry-leading solutions for SCADA, building automation, remote diagnostics and asset
management. And our relationship with Clearwire means that we can provide an open, M2M IEEE
standard that allows developers to create low-cost, high-speed 3G/4G applications with a substantial
shelf life.
Solution
Encore Networks
Solution Description
Encore Networks addresses today’s cellular data networking requirements and
challenges with the BANDIT line of environmentally hardened (rugged) routers. The
BANDIT includes the features required for secure business applications like firewall,
VPN encryption, and DHCP server capabilities and provides fully featured routing
which supports VoIP, Internet and Intranet access for remote and mobile offices.
For cellular data networking, the BANDIT™ integrates a hardened modem which
can withstand a wide range of temperatures found in many M2M applications such
as utility service providers (electric, gas and water), Smart Grid, automated meter
reading (AMR), construction sites, industrial environments, lottery terminals, ATM
machines and point-of-sale locations.
The BANDIT offers legacy M2M protocol conversion such as DNP, Conitel, PGE
and CDC. By converting legacy protocols locally for encrypted IP transport, the data
packet is more efficient and can carry more data in the packet payload which greatly
reduces the effect of network latency.
Encore’s central site solution, the VSR 1200, supports multiple host sites for
redundancy which further reduces latency and increases network reliability.
Solution Provider/Partner
Sixnet
Feeney Wireless
Sixnet's rugged Ethernet switches, automation devices, gateways and routers
combine enterprise-class performance with rugged reliability to provide a "best of
both worlds" solution for harsh, outdoor and remote industrial applications
SmartGrid
America is on a mission to transform the way we manage energy consumption - and Sprint is helping
to lead the way. Thanks in part to the American Recovery and Reinvestment Act, our nation is saying
goodbye to inefficient utility control systems plagued by slow reaction speeds, incompatibility and
isolation. Instead, we're working to implement SmartGrid and automated-meter applications for
electric, water and natural gas utilities using both our Nextel National Network and Nationwide Sprint
Network.
Thanks to Sprint, SmartGrid solutions and smart meters, a real-time, automated, meter-reading
infrastructure (AMI) is being rolled out across the country. This means consumers and utilities will
have unprecedented visibility into their power consumption. Utilities will be able to better predict and
meet demand using the most cost-efficient power, and there will be greater flexibility in deploying
renewable power into the grid.
Sprint has a legacy of working with utilities and technology developers in an open ecosystem. And in
the effort to connect and revolutionize our nation's energy management, Sprint, along with Clearwire,
is bringing 4G to America - a global standard for the Institute of Electrical and Electronics Engineers.
Page 139
Western States Contracting Alliance
Solution
Silver Springs
Networks
Solution Description
Gathering real-time data from intelligent endpoints provides the brainpower that
drives the smart grid. Silver Spring outfits a variety of intelligent endpoints with its
Communications Module to gather and relay this information. The Silver Spring
Communications Modules support two connections – one into the utility’s smart grid
network and one into the consumer’s home area network.
Silver Spring has partnered with a variety of vendors to deploy Communications
Module within their electricity meters to enable advanced metering. We’ve also
designed our Communications Module into our Gas IMU vendors, delivering an
extremely power-efficient, battery-based product for long field life.
Distribution Automation (DA) devices, such as switches and reclosers, require
instantaneous communications to quickly isolate and route around power failures.
The Silver Spring Bridge family installs within those devices to provide the utility with
real-time communications about the status of the distribution network.
Mobile Learning Solutions
The adoption of online learning and virtual schools is steadily increasing to meet the changing demand
for education. With the help of mobile and other digital technologies, educators can limit
geographical barriers to learning and enhance classroom instruction. However, implementing an
online learning program requires an infrastructure that is flexible, easy to maintain, and capable of
accommodating future technical changes.
Sprint Mobile Learning technology enables K-12 teachers and students to address these challenges:
♦ Enable mobile productivity – Allows students to check grades, course updates, write speech
presentations, design graphic models or work with statistics.
♦ Encourage collaboration – Provides a forum for teachers and students to communicate or for
students to share documents with classmates.
♦ Enhance the learning experience – Gives students and teachers interactive and innovative
tools to dive deeper into curriculum and subject matter.
Whether you are developing or expanding your e-Learning program, Sprint can help. Sprint teams up
with cutting-edge industry partners to provide mobile learning applications to the K-12 community.
K-12 Mobile Learning Partners
Sprint teams up with three key industry-leading partners to provide mobile learning tools and
applications to the K-12 community:
♦ BlackBoard Mobile Learn – A product that allows students and teachers to access teaching
and learning wherever and whenever they want through two-way interactions on BlackBerry
and Sprint Android devices.
♦ Project K-Nect – A pilot project using HTC Touch Pro and HTC Touch Pro2 applications to
allow students to share content, complete assignments, collaborate with teachers and students
outside the classroom, take quizzes and improve language skills.
♦ Go Know – Interactive and engaging applications allowing teachers to create coordinated,
curriculum-based learning opportunities and students to read e-books, exchange and share
documents and take photographs of research projects.
Sprint’s Mobile Learning solutions allow WSCA members to launch new education technology
programs. Our Mobile Learning solutions enable student access to learning materials in the
classroom, at home or on the go. With E-Learning, schools extend learning time and increase student
engagement.
Page 140
Western States Contracting Alliance
A Mobile Learning solution from Sprint includes best-in-class networking, conferencing, computing,
and storage services, as well as mobile learning powered by the nation’s fastest mobile broadband
network. Sprint Mobile Learning solutions enable you to deliver:
♦
♦
♦
♦
Rich multimedia & interactive content
Inter-classroom collaboration online
Web-based tutoring on demand
24/7 accessibility to student information systems
Sprint offers Mobile Learning solutions to enable large-scale netbook, tablet and smartphone
deployments for mobile learning programs. In particular, Sprint offers security solutions to assist with
the Children’s Internet Protection Act (CIPA) compliance, large-scale deployment processes that
allow a school district to implement and track thousands of devices across a school district or campus,
custom device configurations, free nationwide Wi-Fi access and the nation’s fastest 3G and 4G
networks.
Sprint E-Learning solutions include:
Fastest Hardware/Fastest
Network
Our Netbooks support the fastest 3G and 4G networks – providing the
best experience even on bandwidth intensive applications like video, web
conferencing, and large file transfer.
Content Filtering to Protect
Your Users
Sprint offers web security applications that enforce acceptable use
policies, ensuring a safe mobile experience and auditable compliance.
These web security applications can help with CIPA compliance.
Wireless Virtual Private
Network
With Sprint Data Link, WSCA members can establish standards-based
connectivity between your Wide Area Network (WAN) and the Sprint
wireless network so your netbooks appear as one remote location on
your WAN.
Hardware to Meet Your Needs
Sprint works with the best names in computing on our embedded
solutions portfolio. We have the largest device selection from leading
manufacturers including custom options that run on the nation’s fastest
and largest 3G network and 4G networks.
Benefits
Integrating a mobile learning platform into a K-12 community presents benefits to both teachers and
students:
♦ Encourages one-to-one learning – Keeps students engaged and working at their own pace,
while allowing teachers to assist students on a one-to-one basis.
♦ Improves student performance – Studies have concluded that students learn best with tools,
technologies and applications that fit their daily lifestyles.
♦ Lowers the technology gap – Allows students without home Internet access to familiarize
and become comfortable with daily use of technology.
♦ Increases security – Secure mobile devices ensure there are no distractions, misuse or safety
issues, so students can better concentrate on exploring, enhancing and engaging in educational
experiences around them
♦ Decreases costs and budgets - Affordable implementation and less reliance on paper-based
books or materials lowers material cost over time
Blackboard Mobile Learn Overview
Sprint and Blackboard Inc., a global leader in education technology,
have teamed up to launch Blackboard Mobile Learn, a learning
Page 141
Western States Contracting Alliance
management system that enables students and faculty to teach and learn on select Sprint smartphones
whenever and wherever they want on the Sprint 3G and 4G8 networks at no extra costs to WSCA
members. Through this partnership, Sprint and Blackboard are making it easy for you to get started
fast, without having to worry about startup costs that might otherwise delay progress in this important
area of mass online communication.
Sprint has long been committed to enhancing the learning environment for higher education
institutions across the nation by providing students with innovative mobile applications that enable
instant communication, enhance student safety on or off campus and offer continuous communications
amongst faculty, staff and students. By teaming with Blackboard and launching this application,
Sprint and the Blackboard Mobile Learn platform can be your foundation for engaging and assessing
today’s learners in and beyond the classroom.
Sprint - Leader in Higher Education Solutions
Because of its open architecture, Blackboard Mobile Learn easily integrates with existing WSCA
members systems and gives you the flexibility and freedom to shape and extend the platform to meet
your unique needs. WSCA members can select platform features that either allow students to
download applications of their choosing or features that enable limited access to sensitive information
and ensure each student receives information from only the courses in which he or she is registered.
With Blackboard Mobile Learn, Release 9.1 WSCA members can:
♦ Foster Student Engagement. New social learning and teaching tools transform WSCA
members classrooms into communities where students remain connected to their educational
experience 24 hours a day.
♦ Support Educational Efficiency. Instructional productivity tools give WSCA members’
faculty the freedom to spend less time on administrative details and more time on student
success, achievement and retention.
♦ Deliver Open and Extensible Learning. Free access to partner technologies
♦ Connect Student Instruction with Institutional Improvement. Align WSCA members’
course objectives and learning goals to your program and institutional goals.
8
Where available
Page 142
Western States Contracting Alliance
Installing Mobile Building Block
WSCA members can prepare for Blackboard Mobile Learning by installing the free Blackboard
Mobile Web Services Building Block. This software enables your Blackboard Mobile Learn
deployment to power the native Blackboard Mobile Learn applications on the most popular Sprint
mobile platforms, available now with Windows Mobile, BlackBerry and Android --all at no cost to
WSCA members. Software support is available via phone or e-mail.
Device Compatibility
Blackboard Mobile Learn is compatible with the following Sprint devices:
♦
♦
♦
♦
♦
BB Curve 8530, BB Pearl, BB Tour 9630, BB 8350i
HTC Hero
Samsung Moment
HTC EVO 4G
Overdrive 3G/4G Mobile Hotspot by Sierra
Sprint Biz App Marketplace
In 2011, Sprint will be launching the Sprint Biz App Marketplace, an on online portal where
customers can easily purchase and add solutions from a variety of 3rd party solution providers. The
Sprint Biz App Marketplace will also simplify the onboarding of these 3rd party applications, allowing
this expanded set of solutions to be on the Sprint bill. The solutions are selected by Sprint and the
provider must meet a standard set of customer support requirements.
Page 143
Western States Contracting Alliance
Page 144
Western States Contracting Alliance
Appendix I
Contractor’s Additional Terms
Due to the fact that the RFP did not include many terms and conditions deemed material by Sprint in
providing its equipment and services, Sprint respectfully requests that the following additional terms
and conditions (“Contractor’s Additional Terms”), which are expressly incorporated into and form a
part of Sprint’s offer, be incorporated into any resulting contract between Sprint and the Lead State.
Sprint respectfully requests the Lead State’s consideration of the following Additional Terms and
Conditions, which represent Sprint’s collective experience in government contracting as well as the
commercially reasonable expectations Sprint has for all its customer relationships.
CONTRACTOR’S ADDITONAL TERMS
1.
2.
GENERAL.
1.1
For the purposes of this Attachment CC and any Product and Service Annexes incorporated into the
Contract pursuant to Section 1.3 below or Attachment DD to the Contract, “Sprint” means Sprint
Solutions, Inc., as contracting agent for the affiliated Sprint and Nextel entities providing the
Products and Services ("Sprint"), and “Customer” means the applicable Participating Entity which is
a Buyer under an Order.
1.2
Eligibility. The terms and conditions of this Agreement have been customized for federal, state, and
local government entities and agencies. Sprint defines “government entities and agencies” as those
entities that receive their primary funding support through the allocation of appropriated public funds
and are entitled to exercise sovereign rights and privileges. Sprint recognizes that under certain
circumstances, non-governmental entities may be permitted to purchase Products and Services
under this Agreement. For non-governmental entities, Sprint may limit the applicability of any
contractual provisions specifically based on governmental rights and privileges.
1.3
Rates and Conditions Website. Customer’s use of Sprint Products or Services is also governed by
the applicable Product and Service annexes attached to this Agreement and posted at
http://www.sprint.com/ratesandconditions.
1.4
Resale. Customer acknowledges and agrees that this is a retail purchase agreement for use only by
Customer and its other Sprint-authorized end users as set forth in this Agreement. Customer may
not resell or lease wireless Products and Services under this Agreement. Notwithstanding the
foregoing, Customer may participate in the Sprint Wireless Recycling Program.
ORDERS AND CHARGES.
2.1
Orders.
A.
Rates. During the Term, Customer will pay Sprint the rates and charges for Products or
Services as set forth in this Agreement.
B. Issuance and Acceptance. Only persons authorized by Customer will issue Orders under the
Agreement. Sprint may accept an Order by (1) signing and returning a copy of the Order to
Customer; (2) delivering any of the Products or Services ordered; (3) informing Customer of the
commencement of performance; or (4) returning an acknowledgment of the Order to Customer.
C.
Cancellation or Rejection. Customer may cancel an Order at any time before Sprint ships the
Order or begins performance, but Customer must pay any actual costs incurred by Sprint due to
Customer’s cancellation. Sprint may reject or cancel an Order for any reason, including
Customer’s negative payment history with Sprint, failure to meet Sprint’s ongoing credit
approval, or limited availability of the Product or Service ordered. Sprint will notify Customer of
rejected or canceled Orders.
D. Customer Purchase Orders. Customer purchase orders are binding only upon acceptance in
writing by Sprint. The terms and conditions in any Customer-issued purchase order accepted by
Sprint will have no force or effect other than to denote quantity, the Products or Services
purchased, delivery destinations, requested delivery dates and any other information required
by this Agreement.
Page 145
Western States Contracting Alliance
3.
BILLING AND PAYMENT.
3.1
Invoicing.
A.
Commencement of Invoicing. Sprint may begin invoicing Customer in full for non-recurring
and recurring charges on the date the Products or Services are installed or delivered and made
available.
B. Delays. If Sprint cannot install or make available the Product or Service by the delivery date
specified in the Order due to a Customer-caused delay, Sprint may bill Customer as of the
delivery date specified in the Order, or if no date is specified, any time 30 days or more after the
Order Effective Date.
C.
Timing. In general, for recurring Services, Sprint bills fixed recurring Service charges in
advance and usage-based charges in arrears.
3.2
Payment Terms. Sprint will invoice Customer, and Customer will pay Sprint, in United States
dollars (USD), unless otherwise mutually agreed in writing by the parties. Payment terms are net 30
days from the date of invoice receipt. Invoices are deemed to have been received within 5 days of
the invoice date. If Customer fails to make payment within 15 days of receiving Sprint’s written
notice of nonpayment, Sprint reserves the right to charge a late fee (up to the maximum allowed by
law) or take other action to compel payment of past due amounts, including suspension or
termination of Service, unless prohibited by applicable law. Customer may not offset credits owed to
Customer on one account against payments due on the same or another account without Sprint’s
written consent. Sprint’s acceptance of late or partial payments is not a waiver of its right to collect
the full amount due. Customer’s payment obligations include late charges and third party collection
costs incurred by Sprint, including but not limited to reasonable attorneys’ fees, if Customer fails to
cure its breach of these payment terms. If Customer elects to participate in the Preferred Pay
Program, Customer will remit payment using cash, check, or electronic funds transfer.
3.3
Disputed Charges. If Customer disputes a charge in good faith, Customer may withhold payment
of that charge if Customer (A) makes timely payment of all undisputed charges; and (B) within 30
days of the due date, provides Sprint with a written explanation of Customer’s reasons for disputing
the charge. Customer must cooperate with Sprint to resolve promptly any disputed charge. If Sprint
determines, in good faith, that the disputed charge is valid, Sprint will notify Customer and, within 5
business days of receiving notice, Customer must pay the charge or invoke the dispute resolution
process in this Agreement. If Sprint determines in good faith, that the disputed charge is invalid,
Sprint will credit Customer for the invalid charge.
3.4
Repayment of Credits or Waived Charges. If, before the end of the Term, Sprint terminates an
Order, a Service or the Agreement due to Customer’s material breach, or Customer terminates a
Service or the Agreement (unless due to Sprint’s material breach), Customer will repay Sprint a pro
rata portion of any credits issued or charges waived, based upon the number of months remaining in
the Term at the time of termination.
4.
CREDIT APPROVAL FOR NON-GOVERNMENTAL ENTITIES. Sprint’s provision of Products and Services
to non-governmental entities is subject to Sprint credit approval. If a non-governmental entity’s financial
circumstances or payment history becomes reasonably unacceptable to Sprint during the Term, Sprint may
require adequate assurance of future payment as a condition of continuing Service. Sprint may provide
Customer’s payment history or other billing/charge information to any credit reporting agency or industry
clearinghouse.
5.
WARRANTIES. EXCEPT AS, AND ONLY TO THE EXTENT, EXPRESSLY PROVIDED IN THIS
AGREEMENT OR THE APPLICABLE SERVICE LEVEL AGREEMENT, PRODUCTS AND SERVICES ARE
PROVIDED “AS IS.” SPRINT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND IN
PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND WARRANTIES RELATED TO EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE.
6.
EQUIPMENT AND SOFTWARE.
6.1
Third Party Equipment or Software. Customer is responsible for any items not provided by Sprint
(including but not limited to equipment or software) that impair Product or Service quality. Upon
notice from Sprint of an impairment, Customer will promptly cure the problem. Customer will
continue to pay Sprint for Products and Services during such impairment or related suspension. If
the impairment interferes with the use of the Sprint’s network by Sprint or third parties, Sprint, in its
reasonable discretion, may suspend or disconnect the affected Products and Services without
advance notice to Customer, although Sprint will provide advance notice where practical. At
Page 146
Western States Contracting Alliance
Customer’s request, Sprint will troubleshoot the impairment at Sprint’s then-current time and
materials rates. Sprint is not liable if a commercially reasonable change in Products or Services
causes equipment or software not provided by Sprint to become obsolete, require alteration, or
perform at lower levels.
6.2
Products. Sprint does not manufacture Products and, except as provided in this Agreement, is not
responsible for the acts or omissions of the original equipment manufacturer.
6.3
Software License.
6.4
A.
Licensing Requirements. Where software is provided with a Product or Service, Customer is
granted a non-exclusive and non-transferable license or sublicense to use the software,
including any related documentation, solely to enable Customer to use the Products and
Services in accordance with the applicable licensing requirements. Software licensing terms
and conditions of Sprint’s software vendors are provided by Sprint or posted at
www.sprint.com/ratesandconditions or otherwise provided to Customer through click or
shrinkwrap agreements. Sprint may suspend, block or terminate Customer’s use of any
software if Customer fails to comply with any applicable licensing requirement.
B.
Prohibitions. Customer is not granted any right to use any software on behalf of third parties or
for time share or service bureau activities. No rights are granted to source code and Customer
may not reverse engineer, decompile, modify, or enhance any software. Subject to the terms
and conditions in the licensing requirements subsection above, Sprint or its suppliers retain title
and property rights to Sprint-provided software. Upon termination or expiration of this
Agreement or the applicable Service, any applicable software license will terminate and
Customer will surrender and immediately return the Sprint-provided software to Sprint; provided
that Customer is not required to return the software embedded in Products sold to Customer
under this Agreement.
Title to Equipment. Sprint or its suppliers retain title and property rights to Sprint-provided
equipment (excluding equipment sold to Customer under this Agreement). Upon termination or
expiration of the Agreement or the applicable Service, Customer will surrender and immediately
return the Sprint-provided software to Sprint; provided that Customer is not required to return the
software embedded in Products sold to Customer under this Agreement.
7.
USE OF NAME, SERVICE MARKS, TRADEMARKS. Neither party will use the name, service marks,
trademarks, or carrier identification code of the other party or any of its Affiliates for any purpose without the
other party’s prior written consent. Notwithstanding the foregoing and subject to Customer's written consent
with respect to each use, Sprint may use the Customer's name and contact information as a customer
reference and may illustrate in a press release, advertising or written or video testimonial the applications and
corresponding business benefit of the solution delivered by Sprint.
8.
CUSTOMER RESPONSIBILITIES.
8.1
Installation. For Products or Services requiring on-site installations, Customer will reasonably
cooperate with Sprint or Sprint’s agents to enable Sprint or its agents to install the Products or
Services. Customer is responsible for damage to Sprint-owned Products and Services located on
Customer premises, excluding reasonable wear and tear or damage caused by Sprint.
8.2
Use of Products and Services
A.
Acceptable Use Policy. If Customer purchases Products or Services, Customer must
conform to the acceptable use policy posted at http://www.sprint.com/legal/agreement.html, as
reasonably amended from time to time by Sprint.
B.
Abuse and Fraud. Customer will not use Products or Services: (1) for fraudulent, unlawful or
destructive purposes, including, but not limited to, unauthorized or attempted unauthorized
access to, or alteration, abuse, or destruction of information; or (2) in any manner that causes
interference with Sprint’s or another’s use of the Sprint network. Customer will cooperate
promptly with Sprint to prevent third parties from gaining unauthorized access to the Products
and Services via Customer’s facilities.
C. Permits, Licenses and Consents. Customer will obtain, all required permits, licenses, or
consents that Customer is required to obtain to enable Sprint to provide (e.g., landlord
permissions, tax exemption certificates, software licenses, or local construction licenses) the
Page 147
Western States Contracting Alliance
Products and Services. This provision does not include permits, licenses, or consents related to
Sprint’s general qualification to conduct business.
9.
PRIVACY, CONFIDENTIAL INFORMATION AND DISCLOSURE.
9.1
Nondisclosure. Neither party will disclose the other party’s Confidential Information to any third
party except as expressly permitted in this Agreement. This obligation will continue until 2 years
after this Agreement expires or terminates. The Recipient may disclose Confidential Information to
its Affiliates, agents and consultants with a need to know, if they are not competitors of Discloser
and are subject to a confidentiality agreement at least as protective of the Discloser’s rights as this
provision. In addition, either party may disclose this Agreement to an entity that is an Affiliate of
Customer on the Order Effective Date, provided that the Affiliate has signed a non-disclosure
agreement reasonably acceptable to Sprint and Customer. The parties will use Confidential
Information only for the purpose of performing under this Agreement or for the provision of other
Sprint services. The foregoing restrictions on use and disclosure of Confidential Information do not
apply to information that: (A) is in the possession of the Recipient at the time of its disclosure and is
not otherwise subject to obligations of confidentiality; (B) is or becomes publicly known, through no
wrongful act or omission of the Recipient; (C) is received without restriction from a third party free to
disclose it without obligation to the Discloser; (D) is developed independently by the Recipient
without reference to the Confidential Information; (E) is required to be disclosed by law, regulation,
or court or governmental order (subject to FOIA section of this Agreement); or (F) is disclosed with
the prior written consent of the Discloser.
9.2
Injunction. The parties acknowledge that Recipient’s unauthorized disclosure or use of Confidential
Information may result in irreparable harm. If there is a breach or threatened breach of this
Agreement, the Discloser may seek a temporary restraining order and injunction to protect its
Confidential Information. This provision does not limit any other remedies available to either party.
The party who has breached or threatened to breach its nondisclosure obligations under this
Agreement will not raise the defense of any adequate remedy at law.
9.3
Customer Proprietary Network Information. As Sprint provides Products and Services to
Customer, Sprint develops information about the quantity, technical configuration, type and
destination of Products and Services Customer uses, and other information found on Customer’s bill
(“Customer Proprietary Network Information” or “CPNI”). Under federal law, Customer has a right,
and Sprint has a duty, to protect the confidentiality of CPNI. For example, Sprint implements
safeguards that are designed to protect Customer’s CPNI, including using authentication procedures
when Customer contacts Sprint. For some business accounts with a dedicated Sprint
representative, Sprint may replace standard authentication measures with a pre-established point of
contact for Customer.
9.4
Privacy. Sprint’s privacy policy, as amended from time to time, is available at
www.sprint.com/legal/privacy.html. The privacy policy includes information about Sprint’s customer
information practices and applies to the provisioning of the Products and Services.
9.5
FOIA. Sprint acknowledges that the Agreement and the Confidential Information may be subject to
disclosure in whole or in part under applicable Freedom of Information, Open Records, or Sunshine
laws and regulations (collectively “FOIA”). Customer will provide Sprint with prompt notice of any
FOIA requests or intended disclosures, citations to or copies of applicable FOIA for review, and an
appropriate opportunity to seek protection of Sprint Confidential Information.
10. LIMITATIONS OF LIABILITY.
10.1
Unauthorized Access / Hacking. Sprint is not responsible for unauthorized third party access to, or
alteration, theft, or destruction of, Customer’s data, programs or other information through accident,
wrongful means or any other cause while such information is stored on or transmitted across Sprint
network transmission facilities or Customer premise equipment.
10.2
Content. Sprint is not responsible or liable for the content of any information transmitted, accessed
or received by Customer through Sprint’s provision of the Products and Services, excluding content
originating from Sprint.
10.3
Sprint Disclaimers. Sprint is not responsible for any loss, liability, damage, or expense, including
attorney’s fees, resulting from any third party claims alleged to arise in any way from :
Page 148
Western States Contracting Alliance
A.
Coverage and wireless Service quality problems caused by atmospheric, geographic or
topographic conditions or other conditions beyond Sprint’s control including the failure of other
service providers;
B.
Interruption and unavailability of wireless Services due to coverage, capacity, Product failure or
other limitations that may occur in the transmission or attempted transmission of wireless
Services;
C.
Outages or wireless Service disruptions occurring as a result of a public safety emergency;
D.
The content of any information transmitted by, accessed, or received through, Sprint’s provision
of the Products and Services to Customer, including, but not limited to, claims: (A) for libel,
slander, invasion of privacy, infringement of copyright, and invasion or alteration of private
records or data; (B) for infringement of patents arising from the use of equipment, hardware or
software not provided by Sprint; or (C) based on transmission and uploading of information that
contains viruses, worms, or other destructive media or other unlawful content;
E.
Customer’s breach of the licensing requirements in the Software License section;
F.
Customer’s failure to comply with any provision of the Use of Products and Services section; or
G. Sprint’s failure to pay any tax based on Customer’s claim of a legitimate exemption under
applicable law.
11. INDEMNIFICATION (ELIGIBLE NON-PROFIT ENTITIES). As between Sprint and any Eligible Non-Profit
Entities only, the indemnification clauses in the Contract between the parties shall not be applicable, and the
following indemnification provisions shall control:
11.1
Mutual Indemnification for Personal Injury, Death or Damage to Personal Property. Each
party will indemnify and defend the other party, its directors, officers, employees, agents and their
successors against all third party claims for damages, losses, liabilities or expenses, including
reasonable attorneys’ fees, arising directly from the performance of this Agreement and relating to
personal injury, death, or damage to tangible personal property that is alleged to have resulted, in
whole or in part, from the negligence or willful misconduct of the indemnifying party or its
subcontractors, directors, officers, employees or authorized agents.
11.2
Customer Indemnification. Customer will indemnify and defend Sprint, Sprint’s directors, officers,
employees, agents and their successors, against all third party claims for damages, losses, liabilities
or expenses, including reasonable attorneys’ fees, arising out of:
11.3
A.
Customer’s failure to obtain permits, licenses, or consents that Customer is required to obtain to
enable Sprint to provide the Products or Services (e.g., landlord permissions or local
construction licenses). This provision does not include permits, licenses, or consents related to
Sprint’s general qualification to conduct business;
B.
Customer’s transmission of, or transmissions by those authorized by Customer to use the
Services of, information, data or messages over the Sprint network, including, but not limited to,
claims: (A) for libel, slander, invasion of privacy, infringement of copyright, and invasion or
alteration of private records or data; (B) for infringement of patents arising from the use of
equipment, hardware or software not provided by Sprint; or (C) based on transmission and
uploading of information that contains viruses, worms, or other destructive media or other
unlawful content;
C.
Customer’s breach of the licensing requirements in the Software License section;
D.
Customer’s failure to comply with any provision of the Use of Products and Services section; or
E.
Sprint’s failure to pay any tax based on Customer’s claim of a legitimate exemption under
applicable law.
Sprint Indemnification. Sprint will indemnify and defend Customer, Customer’s directors, officers,
employees, agents and their successors against third party claims enforceable in the United States
alleging that Services as provided infringe any third party United States patent or copyright or
contain misappropriated third party trade secrets. Sprint’s obligations under this section will not
apply to the extent that the infringement or violation is caused by (i) functional or other specifications
that were provided or requested by Customer, or (ii) Customer’s continued use of infringing Services
Page 149
Western States Contracting Alliance
after Sprint provides reasonable notice to Customer of the infringement. For any third party claim
that Sprint receives, or to minimize the potential for a claim, Sprint may, at its option and expense,
either:
A.
B.
C.
procure the right for Customer to continue using the Services;
replace or modify the Services with comparable Services; or
terminate the Services.
11.4
Rights of Indemnified Party. To be indemnified, the party seeking indemnification must (i) give the
other party timely written notice of the claim (unless the other party already has notice of the claim),
(ii) give the indemnifying party full and complete authority, information and assistance for the claim’s
defense and settlement, and (iii) not, by any act, admission or acknowledgement, materially
prejudice the indemnifying party’s ability to satisfactorily defend or settle the claim. The indemnifying
party will retain the right, at its option, to settle or defend the claim, at its own expense and with its
own counsel. The indemnified party will have the right, at its option, to participate in the settlement
or defense of the claim, with its own counsel and at its own expense, but the indemnifying party will
retain sole control of the claim’s settlement or defense.
11.5
Exclusive Remedies. The provisions of this Indemnification section state the entire liability and
obligations of the indemnifying party and any of its Affiliates or licensors, and the exclusive remedy
of the indemnified party, with respect to any of the claims identified in this section.
12. .TERMINATION OF INDIVIDUAL PARTICIPATING ENTITIES.
12.1
12.2
Participating Entities. Sprint may suspend or terminate the right to purchase and use Products or
Services or this Agreement immediately as to a Participating Entity if Participating Entity fails to cure
any material breach of this Agreement within 30 days after receiving Sprint’s written notice of such
breach; or if Participating Entity fails to comply with applicable law or regulation and Participating
Entity noncompliance prevents Sprint’s performance under the Agreement. Participating Entity
material failure does not include a failure caused by Sprint or a failure identified in the “Force
Majeure” section.
Effects of Termination of Participating Entity.
A.
Service Charges. Participating Entity remains obligated to pay all Service charges incurred up
to the effective date of termination for each terminated Customer Liable Active Unit of the
applicable Participating Entity, whether or not invoiced by the termination date. .
B. Repayment of Credits. If, before the end of the Term, 1) Sprint terminates an Order due to
Participating Entity’s material breach or 2) a Participating Entity terminates an Order for its
convenience, Participating Entity will repay Sprint a pro rata portion of all credits issued,
installation charges or initialization fees waived, and other amounts to recoup Sprint’s up-front
expenses in providing Products and Services that had been amortized over the entire Order
Term, based upon the number of months remaining in the Order Term at the time of
termination. This provision does not apply to service level credits issued for Service outages.
C.
12.3
Individual Liable. Individual Liable Active Units are subject to the order term requirements and
other obligations in the separate subscriber agreement between Sprint and the Employee.
Effects of Termination.
A.
Individual Liable. Individual Liable Active Units are subject to the order term requirements and
other obligations in the separate subscriber agreement between Sprint and the Employee.
13. DISCOUNT PROGRAM.
13.1
Effective Date of Discounts. For new “Active Units” (defined as an active piece of wireless Product
that Customer enrolls in a Business Plan under the Agreement), the Service Pricing Discounts apply
as of the Order Commencement Date. For CL Account Active Units activated prior to the Order
Commencement Date under pre-existing agreement(s) between Sprint and Customer, Sprint will
apply the discounts below no later than 60 days after the Order Commencement Date. IL Account
Active Units activated prior to the Order Commencement Date are eligible for the discounts below
by contacting a Sprint representative and subject to the eligibility requirements herein.
Page 150
Western States Contracting Alliance
14. EMPLOYEE DISCOUNT PROGRAM.
14.1
Eligible Employees. Subject to and conditioned upon (1) the Employee signing Sprint’s consumer
subscriber agreement; (2) the Employee providing to Sprint satisfactory evidence of employment
with Customer; and (3) the Employee complying with Sprint’s current terms regarding discounts,
new and existing Customer Employee (or Individual-Liable) Active Units may receive the IL Discount
for eligible service charges and plans. Customer and Sprint will agree on methods for employment
verification. Upon termination of this Agreement for any reason, or upon the Employee’s termination
of employment with Customer, Sprint may cease applying the IL Discount. Except for the IL
Discount and the conditions set forth, IL Account Active Units are governed exclusively by the terms
and conditions in the consumer subscriber agreement.
14.2
Communications. Sprint and Customer’s employee benefits group will develop and agree to a
communications plan to present discounts and to sell to Employees within 60 days of the Order
Effective Date. Communications may include new hire materials, benefits enrollment materials, email, payroll stuffers, newsletters, or Internet and intranet links, chair drops, or other mutually agreed
to methods.
15. ELECTRONIC BILLING PRODUCTS
15.1
Except for the Consolidated Invoice product, the following electronic billing products provide CL
Account Active Unit call detail record information:
ELECTRONIC BILLING PRODUCTS
eBilling & Analysis
Data Direct
Electronic Data Interchange (EDI)
Smart CD+
Consolidated Invoice
A.
Invoice Data
3 months
1 month
1 month
1 month
1 month
Summary Data
12 months
Minimum CL
Account
Active Units
50
Not available
Not available
Not available
Not available
100
100
100
100
For Data Direct, Electronic Data Interchange, Smart CD+, and Consolidated Invoice, data is
provided for current billing cycles. Archived data is available for as long as the account numbers
are enrolled in the electronic billing product.
15.2
Customer may choose any combination of electronic billing products. Sprint reserves the right, upon
60 days’ prior written notice, to migrate Customer to an updated or successor version of the
selected electronic billing product if available or to an entirely new electronic billing product.
15.3
There are no charges associated with the electronic billing products listed above.
15.4
Customer must comply with the Electronic Invoice Reporting and Analytics Product Annex, which is
incorporated into this Agreement as posted to the Rates and Conditions Website as of the date
Customer signs the Agreement.
16. ADDITIONAL BUSINESS PLANS AND SPECIAL OFFERS
16.1
Additional Business Plans. If Customer is eligible for and selects a Business Plan that
specified in the Agreement, Customer’s Service Pricing Discounts set forth above will apply
Business Plan unless otherwise stated in the Business Plan, and the terms and conditions
Business Plan will apply in addition to, and control over, any conflicting terms or conditions
Agreement.
16.2
Business Plans and Features. Certain wireless Products require specific Business Plans for
operation on the Sprint Networks or the Sprint 4G Network. Certain Business Plans, features and
equipment discounts may not be available on all wireless devices. More information is available by
contacting Customer’s Sprint Account Representative.
16.3
Promotions. Sprint promotional discounts may not be available with certain Business Plans, as
indicated in the promotional offer. If Customer purchases a promotional wireless Product or Service,
the promotional terms will control over any conflicting terms in the Agreement for that wireless
Product or Service until the promotion expires or Customer selects a different Business Plan for the
CL Account Active Unit enrolled in the promotion.
Page 151
is
to
of
in
not
the
the
the
Western States Contracting Alliance
16.4
Trial Offers. If Customer receives a wireless Service or Service option for a limited trial period at a
reduced cost, upon expiration of the trial period, Customer will continue to receive the wireless
Service or Service option at full price. If Customer wishes to avoid being billed in full for the
promotional wireless Service or Service option, Customer must contact Sprint before the end of the
trial period to discontinue the wireless Service or Service option.
17. ADDITIONAL TERMS. Customer must comply with the Wireless Services Product Annex, which is
incorporated into this Agreement as posted to the Rates and Conditions Website as of the date Customer
signs this Agreement.
18. SHIPPING FEES. Sprint will waive Ground or 2-Day shipping fees for CL Account Active Units. Additional
charges may apply for overnight shipping.
19. ACTIVATION FEES. Sprint will waive the nonrefundable activation fee of $36 that applies to each CL
Account billing account that is created during the Term. Additionally, Sprint will waive the nonrefundable
activation fee of $36 that applies to each IL Account billing account that is created during the Term.
20. THIRD PARTY AGENTS. Unless expressly stated otherwise, the pricing terms in this Attachment, including
its sub-attachments, may not be available if an indirect sales agent is involved in the transaction.
21. SPRINT SERVICE PROVIDER AFFILIATE MARKET LIMITATIONS. Some portions of the Nationwide Sprint
Network are owned and operated by Sprint Service Provider Affiliates under management agreements with
Sprint. Certain Business Plans, add-ons and Products are not available or are modified in Sprint Service
Provider Affiliate Markets. Notwithstanding anything to the contrary in this Attachment, Sprint reserves the
right, with 30 days’ prior written notice, to (i) port any Active Unit activated in a Sprint Service Provider
Affiliate Market to the Sprint Service Provider Affiliate or a successor serving that Market; or, if porting is not
possible, (ii) terminate Services to such Active Units.
22. DEFINITIONS.
22.1
“Agreement” and “Contract” shall both be deemed to refer to the Master Service Agreement
(RFP/Contract #1907) for Services of Independent Contract between Sprint and the Western States
Contracting Alliance, acting by and through the State of Nevada.
22.2
“Affiliate” is a legal entity that directly or indirectly controls, is controlled by, or is under common
control with the party. An entity is considered to control another entity if it owns, directly or indirectly,
more than 50% of the total voting securities or other similar voting rights. For purpose of this
Agreement, Clearwire Corporation is not included as an Affiliate of Sprint.
22.3
“Confidential Information” means nonpublic information (A) about Discloser’s business, (B) given to
the Recipient in any tangible or intangible form for Recipient’s use in connection with this
Agreement, and (C) that Recipient knows or reasonably should know is confidential because of its
legends and markings, the circumstances of its disclosure, or the nature of the information.
Confidential Information includes but is not limited to: trade secrets; financial information; technical
information including research, development, procedures, algorithms, data, designs, and know-how;
business information including operations, planning, marketing plans, and products; and the pricing
and terms of the Agreement including related discussions, negotiations, and proposals.
22.4
“Customer-Liable” and “CL Account” shall be deemed to refer to the same type of account and shall
have the meaning set forth in the Contract and Sprint’s Wireless Services Product Annex.
22.5
“Discloser” means the party disclosing Confidential Information.
22.6
“Domestic” means the 48 contiguous states of the United States and the District of Columbia, unless
otherwise defined for a particular Product or Service in the applicable Product specific Terms.
22.7
“Individual-Liable” and “IL Account” shall be deemed to refer to the same type of account and shall
have the meaning set forth in the Contract and Sprint’s Wireless Services Product Annex.
22.8
“Network” or “Networks” means the wireless and wireline transmission facilities owned and
operated by Sprint or on Sprint’s behalf by third parties under management agreements with Sprint.
22.9
“Order” or “Purchase Order” means a written or electronic order, or purchase order, submitted or
confirmed by Customer and accepted by Sprint, which identifies specific Products and Services, and
the quantity ordered.
Verbal Orders are deemed confirmed upon Customer’s written
acknowledgement, or use, of Products or Services.
Page 152
Western States Contracting Alliance
22.10
“Order Commencement Date” is the first day of the first bill cycle in which Sprint bills monthly
recurring charges or usage charges for an Order.
22.11
“Order Effective Date” is the date an Order is received by (placed with???) Sprint.
22.12
“Order Term” means the term designated for an individual Order.
22.13
“Preferred Pay Program” provides a discount to Sprint customers for remitting payment using cash,
check or electronic funds transfer. Customer must contact its assigned Sprint representative for
further information, including eligibility requirements.
22.14
“Product(s)” includes equipment, hardware, software, cabling or other materials sold or leased to
Customer by or through Sprint as a separate item from, or bundled with, a Service.
22.15
“Product-specific Terms” means to separate descriptions, terms and conditions for certain nonregulated Products and Services.
22.16
“Rates
and
Conditions
Website”
http://www.sprint.com/ratesandconditions/.
22.17
“Recipient” means the party receiving Confidential Information.
22.18
“Service(s)” means wireline and wireless business communications services, including basic or
telecommunications services, information or other enhanced services, and non-regulated
professional services provided to Customer by or through Sprint under this Agreement, excluding
Products.
22.19
“Sprint Wireless Recycling Program” - provides two options for recycling used wireless devices,
including accessories: (1) the Sprint buyback program provides Sprint customers with an account
credit for returning to Sprint certain previously sold Sprint or Nextel wireless devices, and (2) the
Sprint project connect program accepts any wireless device and uses the net proceeds that result
from those devices to fund community-based initiatives such as Sprint’s 4NetSafety Program. The
4NetSafety Program promotes Internet safety for children. For more information on the Sprint
Wireless Recycling Program, including wireless devices eligible for the Sprint buyback program, go
to Sprint.com/recycle.
means
the
website
found
at
23. MISCELLANEOUS.
23.1
Independent Contractor. This Agreement does not create an employer-employee relationship,
association, joint venture, partnership, or other form of legal entity or business enterprise between
the parties, their agents, employees or Affiliates.
23.2
Technology Information. Sprint, as determined in its sole discretion, may discontinue any Product
or Service. Sprint shall provide Customer with at least six (6) months prior notice of its intention to
discontinue any such Products or Services.
23.3
Severability. If any provision of this Agreement is found to be unenforceable, this Agreement’s
unaffected provisions will remain in effect and the parties will negotiate a mutually acceptable
replacement provision consistent with the parties’ original intent.
23.4
URLs and Successor URLs. References to Uniform Resource Locators (URLs) in this Agreement
include any successor URLs designated by Sprint.
23.5
Survivability. The terms and conditions of this Agreement regarding confidentiality, indemnification,
warranties, nonappropriations, payment and all others that by their sense and context are intended
to survive the expiration of the Agreement will survive.
Page 153
ATTACHMENT AA – CONTRACTOR’S SPECIAL TERMS AND CONDITIONS
The following items are incorporated into this Attachment AA:
Agreed/Negotiated Exceptions to RFP Number 1907
Contractor’s Additional Terms
Contractor’s Product/Service Annexes
Sample WSCA Participating Addendum
1.
2.
3.
4.
If a conflict exists among provisions within the documents that form the Agreement, the following order of precedence will
apply: 1) Agreed/Negotiated Exceptions to RFP Number 1907; 2) Contractor’s Additional Terms; 3) Contractor’s
Product/Service Annexes; and 4) Sample WSCA Participating Addendum.
1. AGREED/NEGOTIATED EXCEPTIONS TO RFP NUMBER 1907
RFP
Section
Number
2
RFP
Page
Number
5
Agreed/Negotiated Exceptions to RFP Number 1907
The parties agree that the definition of “CL Accounts” as been revised to read as follows:
“Corporate Liable Accounts are accounts set up by a Buyer for use by the Buyer, and
for which the Buyer is financially liable.”
2
6
The parties agree that the definition of “Coverage” has been revised to include the following
clarification:
Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in any
specific area at any specific time. Coverage shown on the coverage maps is a general
prediction of outdoor coverage, and does not guarantee that coverage will be
available at all covered geographic areas at all times. Wireless coverage is impacted
by, among other things, terrain, weather, antenna location, system modification,
foliage and man-made structures (such as buildings), and therefore cannot be
predicted precisely at all times.
2
6
The parties agree that the definition of “Customer” has been revised to include the following
clarification:
The terms “Customer” and “Buyer” shall be used interchangeably in the Contract.
2
6
The parties agree that the definition of “Equipment” as been revised to read as follows:
“Equipment includes equipment, hardware, software, cabling or other materials sold
or leased to Customer by or through Contractor as a separate item from, or bundled
with, a service.”
2
6
The parties agree that the definition of “IL Accounts” as been revised to read as follows:
“IL Accounts are accounts activated by an employee of a Buyer through an employee
program that has been authorized/approved by the Buyer, and for which the employee
is financially responsible.”
2
8
The parties agree that the definition of “Roaming Agreement” has been revised to include
the following clarification:
The word “us” is intended to be “use” in this definition.
Page 1 of 18 2
8
The parties agree that the definition of “Subcontractor” has been revised to include the
following clarification:
As additional clarification, Sprint does not consider local exchange carriers to be
Sprint subcontractors and will not be responsible for the actions or inactions of
access providers. In addition, Sprint does not consider the State’s/Customer’s
subcontractor requirements set forth in the RFP or any resulting contract to be
applicable to any agreements, subcontracts or other business arrangements between
Sprint and its Affiliates, roaming partners, suppliers, subcontractors or any thirdparties relating to the provision of any Products or Services purchased or used by the
State/Customer (collectively, “General Supply & Support Agreements”) where such
General Supply and Support Agreements were entered into for the purpose of
providing Products and Services to Sprint customers generally (as opposed to
specifically for the State).
3.1.2
3.2.1-3.2.2
9
10
The parties agree that the definition of “Wireless Spend” as been deleted and replaced with
the following revised definitions:
•
“Total Wireless Spend”: The total dollar value of wireless services, data and
Equipment as invoiced by Contractor that are either (a) paid by Customer on
Customer’s CL Accounts; or (b) paid by end user employees pursuant to IL
Accounts in the Customer’s employee program. Total Wireless Spend does not
include amounts invoiced by Contractor for: (i) taxes; and (ii) additional
regulatory fees, administrative charges; and charges, fees or surcharges for the
costs Sprint incurs in complying with governmental programs; and (iii) credits and
refunds. In addition, Total Wireless Spend will be calculated after all discounts are
taken into account and shall not include monthly recurring charges or other
charges which are not actually paid by Customers or end users. Recurring
charges refers to charges that are billed to Buyers at regularly specified intervals,
usually monthly. Examples of recurring charges include, but are not limited to,
monthly service plan charges. The Total Wireless Spend calculation will not
include CL Accounts or IL Accounts that are in default for non-payment.
•
“CL Wireless Spend”: The total dollar value of wireless services, data and
Equipment as invoiced by Contractor that are paid by Customer on Customer’s CL
Accounts. CL Wireless Spend does not include amounts invoiced by Contractor
for: (i) taxes; and (ii) additional regulatory fees, administrative charges; and
charges, fees or surcharges for the costs Sprint incurs in complying with
governmental programs; and (iii) credits and refunds.
In addition, CL Wireless
Spend will be calculated after all discounts are taken into account and shall not
include monthly recurring charges or other charges which are not actually paid by
Customers or end users. The CL Wireless Spend calculation will not include CL
Accounts that are in default for non-payment.
•
“IL Wireless Spend”: The total dollar value of wireless services, data and
Equipment as invoiced by Contractor that are paid by end user employees
pursuant to IL Accounts in the Customer’s employee program. IL Wireless Spend
does not include amounts invoiced by Contractor for: (i) taxes; and (ii) additional
regulatory fees, administrative charges; and charges, fees or surcharges for the
costs Sprint incurs in complying with governmental programs; and (iii) credits and
refunds. In addition, IL Wireless Spend will be calculated after all discounts are
taken into account and shall not include monthly recurring charges or other
charges which are not actually paid by end users. The IL Wireless Spend
calculation will not include IL Accounts that are in default for non-payment.
The parties agree to restate Section 3.2.1 and 3.2.2 in its entirety as follows:
Page 2 of 18 3.2.1 Meet with lead States’ Purchasing Department representative on a semi-annual
basis (once every six months) to evaluate and review:
• Pricing/rates relative to prevailing full market pricing/promotions/solicitations;
• Actual billed charges relative to prevailing available full market pricing;
• Any other significant issue (service, billing or otherwise) that may need to be
addressed.
3.2.2 Complete the evaluation and review within twenty (20) business days. The CL
Account and IL Account service percentage discounts are fixed for the Term, and may
only be amended in a formal written amendment signed by both parties’ authorized
representatives. Rates not fixed in the pricing Schedules in Attachment CCContractor’s Response will be based on the then-current list price at the time of
purchase, less the service pricing discount, if applicable. Contractor may modify the
underlying rate or list price to which the percentage discount is applied on no less
than one day’s notice.
3.2.3
10
The parties agree to restate Section 3.2.3 in its entirety as follows:
3.2.3.1 The Contractor(s) shall report contract utilization and pay an administrative
fee of 1/10th of 1% (one-tenth of one percent) of the Total Wireless Spend to
WSCA (“WSCA Admin Fee”), paid quarterly. The WSCA directors approved the
level of the WSCA administration fee, and the fee is not negotiable. The WSCA
administrative fee is to be paid quarterly within 60 days of the end of the quarter
(See Attachment G for Reporting Schedule). If Contractor overpays the WSCA
admin fee for any quarter, then Contractor shall be permitted to reduce any
future WSCA admin fee payments by the incorrect amount. Contractor’s
obligation to pay the WSCA administrative fee terminates upon the expiration or
earlier termination of the WSCA Agreement.
3.2.3.2 In addition to the WSCA administrative fee, some WSCA and non-WSCA states
may require that a fee (“State Admin Fee”) be paid directly to the state on a
percentage of CL Wireless Spend made by procuring entities within that state
pursuant to such state’s Participating Addendum. Any such State Admin Fee
shall be related to a State’s administrative expenses in administering the
Participating Addendum and shall not be deemed a discount or rebate. For all
such requests, the percentage fee level, payment method and schedule for such
reports and payments shall be incorporated in a Participating Addendum. In
the event a State Admin Fee exceeds 1% of the CL Wireless Spend, the
Contractor(s) may reduce the CL service discounts by the percentage amount
that the applicable State Admin Fee percentage exceeds 1% of the CL Wireless
Spend. Any such CL service discount reduction shall not exceed the State
Admin Fee percentage. If Contractor overpays the State Admin Fee for any
quarter, then Contractor shall be permitted to reduce any future State Admin
Fee payments by the incorrect amount. Contractor’s obligation to pay a State
Admin Fee terminates if: (1) the Participating Addendum has expired; or (2) the
Participating Addendum has been terminated (before expiration) by either party.
All such agreements shall have no effect whatsoever on the WSCA fee or on the
prices paid by the procuring agencies outside the jurisdiction of the state
requesting the additional fee.
3.2.3.3 At Contractor’s discretion, administrative fees may be permitted for
participating government entities/government Customers that are not States
(“Local Government Admin Fee”) that sign a Participating Addendum, subject
to the requirements of this Section 3.1.2, on a percentage of CL Wireless Spend
made by procuring entities within that local government entity’s jurisdiction
Page 3 of 18 3.2.4
10
3.2.5
10
pursuant to such local government entity’s Participating Addendum. Any such
Local Government Admin Fee shall be related to a local government entity’s
administrative expenses in administering the Participating Addendum and shall
not be deemed a discount or rebate. For all such requests, the fee level
percentage, payment method and schedule for such reports and payments
shall be incorporated in a Participating Addendum.
In the event a Local
Government Admin Fee exceeds 1% of the CL Wireless Spend, the
Contractor(s) may reduce the CL service discounts by the percentage amount
that the applicable Local Government Admin Fee percentage exceeds 1% of the
CL Wireless Spend. Any such CL service discount reduction shall not exceed
the Local Government Admin Fee percentage. If Contractor overpays the Local
Government Admin Fee for any quarter, then Contractor shall be permitted to
reduce any future Local Government Admin Fee payments by the incorrect
amount. Contractor’s obligation to pay a Local Government Admin Fee
terminates if: (1) the Participating Addendum has expired; or (2) the
Participating Addendum has been terminated (before expiration) by either
party. All such agreements shall have no effect whatsoever on the WSCA fee
or on the prices paid by the procuring agencies outside the jurisdiction of the
state requesting the additional fee.
The parties agree that the term “rebated” is deleted and replaced with the word “paid” in
Section 3.2.4. The WSCA administration fees are not rebates.
The parties agree to delete the last sentence of Section 3.2.5 in its entirety and replace it
with the following sentence:
“IL Wireless Spend will be subject to reporting requirements and to the required
WSCA administrative fee of one tenth (1/10) of one percent, and will be reported as
outlined in this RFP.”
3.2.7
11
The parties agree to delete Section 3.2.7 in its entirety. Audit provisions shall be in
accordance with the terms of the WSCA Master Service Agreement.
3.3
11
The parties agree to the following clarification to Section 3.3:
Sprint is currently providing reporting required by WSCA to the Lead State of Nevada
for each Participating Addendum executed by a Participating Entity. Sprint assumes
that the required reporting by WSCA will continue to be compiled at the Participating
Addendum level. Should WSCA require reporting at the billing account level, Sprint
will meet with WSCA to discuss mutually agreed upon reporting data and formats.
3.3.4
12
The parties agree to the following clarifications regarding additional, modified or custom
reporting requests or formats in Section 3.3.4:
Sprint requests 60 day notification of any format changes to reporting that has been
previously agreed upon with State/Customer. Sprint reserves the right to not deliver
retroactive reporting in formats later agreed upon by Sprint and the State/Customer.
Notwithstanding anything in the RFP or Sprint’s Proposal to the contrary, Sprint shall
not be obligated to provide any custom reports that Sprint determines in its discretion
are impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis.
Sprint can provide equipment purchase summaries to specific entities. Fields, such
as “Order Number”, “Customer PO Number”, “Order Type”, and “PO Date” may not be
available at the account level, as we have thousands of WSCA member accounts. Not
all eligible entities have the same fields populated on their invoices due to system
limitations of eligible entities and/or internal procedures of the respective parties.
The following fields require further clarification as to what information is required
before we can provide feedback on their availability at the PA level and account level:
“UNSPSC Commodity”, “VAR/Reseller/Distributor NAME”, and “Recycling”.
The following fields are only available at the PA level: “CRU Minutes”, “CRU Lines”,
Page 4 of 18 “CRU Gross Sales”, “IRU Minutes”, and “IRU Lines”.
Each Member’s Sprint Account Team will work with them to identify any requested
changes from the current reporting we currently provide them today or new reporting
needed for new members.
3.3.5, 3.3.6,
3.3.7
12
The parties agree to the following clarifications regarding additional, modified or custom
reporting requests or formats in Section 3.3.5, 3.3.6 and 3.3.7:
Sprint requests 60 day notification of any format changes to reporting that has been
previously agreed upon with State/Customer. Sprint reserves the right to not deliver
retroactive reporting in formats later agreed upon by Sprint and the State/Customer.
Notwithstanding anything in the RFP or Sprint’s Proposal to the contrary, Sprint shall
not be obligated to provide any custom reports that Sprint determines in its discretion
are impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis.
3.5.1
12
The parties agree to delete Section 3.5.1 in its entirety. Sprint has offered pricing that
it believes meets State’s/Customer's requirements; however, Sprint does not offer
Most Favored Customer clauses in its contracts. Sprint will continue to offer highly
competitive pricing and discounts for its services in a manner in which the prices
Sprint charges its customers for the same services are not unreasonably dissimilar
for similarly situated customers with like traffic patterns, volumes, commitment levels
and the like.
3.5.63.5.12
13
The parties agree to the following clarifications relating to coverage in Sections 3.5.6 3.5.12:
Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in any
specific area at any specific time. Coverage shown on the coverage maps is a general
prediction of outdoor coverage, and does not guarantee that coverage will be
available at all covered geographic areas at all times. Wireless coverage is impacted
by, among other things, terrain, weather, antenna location, system modification,
foliage and man-made structures (such as buildings), and therefore cannot be
predicted precisely at all times. Any custom in-building or on-campus coverage
solutions provided by our Custom Network Solutions (CNS) group will require a
separate agreement outside of the WSCA Master Agreement.
3.5.11
13
The parties agree to delete Section 3.5.11 in its entirety replace it with the following:
In the event of scheduled network maintenance, Sprint shall make commercially
reasonable efforts to notify Customer in advance of the area(s) that could be
potentially affected by such maintenance. Sprint does not guarantee that network
maintenance or other environmental conditions necessitating maintenance will be
known or are knowable in advance and, therefore, Sprint cannot guarantee that
Customer will be notified within twenty-four (24) hours of such maintenance. Sprint
shall make commercially reasonable efforts to provide Customer with advance
notification of major planned network element maintenance.
3.5.15
14
The parties agree to insert the following additional clarification in Section 3.5.15:
“Sprint, as determined in its sole discretion, may discontinue any Product or Service.
Sprint shall provide Customer with at least six (6) months prior notice of its intention
to discontinue any such Products or Services.”
3.5.17
14
Sprint agrees to remove its exception to Section 3.5.17. Warranty provisions shall be in
accordance with the terms of the WSCA Master Service Agreement and Attachment CC.
Page 5 of 18 4.1.6
19
The parties acknowledge and agree to the following clarification relating to Section 4.1.6:
Sprint certifies, to the best of Sprint’s actual knowledge, that none of vendor’s
employees is employed by the State of Nevada any of its political subdivisions or by
any other government involved in the performance of the contractual services
resulting from this RFP. However, Sprint is a publicly traded company with
approximately 40,000 employees, and Sprint has no mechanism to accurately or
effectively track such information.
4.1.7
20
The parties acknowledge and agree to the following clarification relating to Section 4.1.7:
As a publicly traded company that is party to thousands of commercial, consumer and
government contracts with its customers, suppliers and competitors, Sprint is
involved in litigation, investigations and contract disputes at all times due to the
number of its customers, suppliers and competitors, and the nature of the services it
provides. Consequently, State’s request for Sprint to compile a list or provide details
regarding prior or ongoing contract failures, contract breaches, civil or criminal
litigation or investigations, ongoing or occurring during the past six years, is an
extremely arduous, burdensome and time-consuming task, and Sprint has no
mechanism to track some of the requested information. Although Sprint is unable to
provide such information, Sprint can declare that: (i) during the past six years it has
not had a termination for default under a contract with a government entity; (ii) Sprint
is not currently suspended or debarred by any government agency nor has it been
during the past six years; and (iii) Sprint is not aware of any past or ongoing action
that would, if successful, have a material adverse impact on Sprint’s ability to perform
under the terms of the RFP. As a public corporation, Sprint is required to fully
disclose material data and relevant information that may influence investment
decisions to all investors at the same time. Sprint does not provide detailed
information on litigation except through its securities filings. Please refer to Sprint's
Annual
Report
on
Form
10-K/A,
available
on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec for a description of
certain litigation or claims.
6.1
22
The parties agree to delete Section 6.1 in its entirety. Invoicing and Payment Terms shall be
in accordance with Section 12 of the WSCA Master Service Agreement and Contractor’s
Additional Terms as set forth in this Attachment AA.
10.2
33
The parties acknowledge and agree to the following clarification relating to Section 10.2:
The requirement that the evaluation committee be permitted to contact any current
users of a vendor’s services as this requirement is overly-broad. Sprint respectfully
requests that the committee limit the right to contact Sprint’s customers to the list of
reference clients provided by Sprint in its Proposal. Sprint is a publicly traded
company and is party to thousands of commercial, consumer and government
contracts with its customers, suppliers and competitors. Sprint contracts may
prohibit or restrict disclosure of Sprint’s relationship with certain customer and may
prohibit or restrict contacts by third parties. The committee may contact any of
Sprint’s listed reference customers.
10.3
33
The parties acknowledge and agree to the following clarification relating to Section 10.3:
As a publicly traded company that is party to thousands of commercial, consumer and
government contracts with its customers, suppliers and competitors, Sprint is
involved in litigation, investigations and contract disputes at all times due to the
number of its customers, suppliers and competitors, and the nature of the services it
provides. Consequently, the Lead State’s request for Sprint to compile a list or
provide details regarding prior or ongoing contract failures, contract breaches, civil or
Page 6 of 18 criminal litigation or investigations, ongoing or occurring during the past six years, is
an extremely arduous, burdensome and time-consuming task, and Sprint has no
mechanism to track some of the requested information. Although Sprint is unable to
provide such information, Sprint can declare that: (i) during the past six years it has
not had a termination for default under a contract with a government entity; (ii) Sprint
is not currently suspended or debarred by any government agency nor has it been
during the past six years; and (iii) Sprint is not aware of any past or ongoing action
that would, if successful, have a material adverse impact on Sprint’s ability to perform
under the terms of the RFP. As a public corporation, Sprint is required to fully
disclose material data and relevant information that may influence investment
decisions to all investors at the same time. Sprint does not provide detailed
information on litigation except through its securities filings. Please refer to Sprint's
Annual
Report
on
Form
10-K/A,
available
on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec for a description of
certain litigation or claims.
11.1.15
35
The parties agree to delete the first sentence of Section 11.1.15 in its entirety and agrees to
the following clarification regarding this Section:
The rates and discounts identified in the pricing Schedules in Attachment CC will
remain fixed for the Term (unless stated otherwise in the applicable Schedule or
elsewhere in Sprint’s Response – Attachment CC). Rates and discounts not fixed in
the pricing Schedules will be based on the then-current list price at the time of
purchase, less the Service Pricing Discount. The percentage discount is fixed for the
term of the Contract, but Contractor may modify the underlying rate or list price to
which the percentage discount is applied on no less than one day’s notice. Service
Pricing Discounts are subject to the terms and conditions in Sprint’s Response and
Sprint’s Additional Terms and Conditions contained in Attachment AA to Contract,
and may be subject to adjustment due to Administrative Fees in accordance with
Contractor’s response in Section 3.2.3 of Sprint’s Response.
11.1.17
35
Sprint agrees to remove its exception to Section 11.1.17. Confidential and proprietary
information provisions shall be in accordance with the terms of the WSCA Master Service
Agreement.
11.2.5
36
Sprint agrees to remove its exception to Section 11.2.5. Tax provisions shall be in
accordance with the terms of the WSCA Master Service Agreement.
11.2.8
36
The parties acknowledge and agree to the following clarification relating to Section 11.2.8:
All Participating Entities, including, but not limited to, “Local Governments,” are
intended third party beneficiaries of any contract resulting from this RFP.
11.3.2.1
37
The parties agree to insert the following language to the end of Section 11.3.2.1:
“Sprint, as determined in its sole discretion, may discontinue any Product or Service.
Sprint shall provide Customer with at least six (6) months prior notice of its intention
to discontinue any such Products or Services.”
11.3.4
38
The parties agree to delete Section 11.3.4 in its entirety. Inspection shall be in
accordance with the terms of the WSCA Master Service Agreement.
Attachment
I
49
The parties agree to delete Attachment I in its entirety and replace with the Sample
WSCA Participating Addendum attached to this Attachment AA; provided however,
such Sample WSCA Participating Addendum may be modified during negotiations
between Contractor and a Participating Entity.
Attachment
50
The parties agree to remove the third sentence of the Attachment J with the
Page 7 of 18 J
understanding that WSCA in conjunction with the Chief Procurement Official in the
State in which the potential Participating Entity is located will provide approval and
consent of Participating Addenda.
Attachment
K
51
Individual Participating Entities will negotiate their unique terms and conditions with
the awarded vendors.
2. CONTRACTOR’S ADDITIONAL TERMS 1.
2.
GENERAL.
1.1
For the purposes of this Contractor’s Additional Terms and any Contractor’s Product and Service Annexes incorporated
into the Contract pursuant to Section 1.3 below or Attachment AA to the Contract, “Sprint” means Sprint Solutions, Inc., as
contracting agent for the affiliated Sprint and Nextel entities providing the Products and Services ("Sprint"), and
“Customer” means the applicable Participating Entity which is a Buyer under an Order.
1.2
Eligibility. The terms and conditions of this Agreement have been customized for federal, state, and local government
entities and agencies. Sprint defines “government entities and agencies” as those entities that receive their primary
funding support through the allocation of appropriated public funds and are entitled to exercise sovereign rights and
privileges. Sprint recognizes that under certain circumstances, non-governmental entities may be permitted to purchase
Products and Services under this Agreement. For non-governmental entities, Sprint may limit the applicability of any
contractual provisions specifically based on governmental rights and privileges.
1.3
Rates and Conditions Website. Customer’s use of Sprint Products or Services is also governed by the applicable
Product and Service annexes posted at http://www.sprint.com/ratesandconditions.
1.4
Resale. Customer acknowledges and agrees that this is a retail purchase agreement for use only by Customer and its
other Sprint-authorized end users as set forth in this Agreement. Customer may not resell or lease wireless Products and
Services under this Agreement. Notwithstanding the foregoing, Customer may participate in the Sprint Wireless
Recycling Program.
ORDERS AND CHARGES.
2.1
Orders.
A.
Rates. During the Term, Customer will pay Sprint the rates and charges for Products or Services as set forth in this
Agreement.
B. Issuance and Acceptance. Only persons authorized by Customer will issue Orders under the Agreement. Sprint
may accept an Order by (1) signing and returning a copy of the Order to Customer; (2) delivering any of the Products
or Services ordered; (3) informing Customer of the commencement of performance; or (4) returning an
acknowledgment of the Order to Customer.
C.
Cancellation or Rejection. Customer may cancel an Order at any time before Sprint ships the Order or begins
performance, but Customer must pay any actual costs incurred by Sprint due to Customer’s cancellation. Sprint may
reject or cancel an Order for any reason, including Customer’s negative payment history with Sprint, failure to meet
Sprint’s ongoing credit approval, or limited availability of the Product or Service ordered. Sprint will notify Customer of
rejected or canceled Orders.
D. Customer Purchase Orders. Customer purchase orders are binding only upon acceptance in writing by Sprint. The
terms and conditions in any Customer-issued purchase order accepted by Sprint will have no force or effect other
than to denote quantity, the Products or Services purchased, delivery destinations, requested delivery dates and any
other information required by this Agreement.
2.2
25% CL Discount. The CL Discount is a percentage discount off the eligible monthly recurring charges (“MRCs”) charged
for CL Account Active Units (as defined in Attachment AA and Attachment CC-Contractor’s Response).
2.3
18% IL Discount. The IL Discount is a percentage discount off the eligible monthly recurring charges (“MRCs”) charged
for IL Accounts (as defined in Attachment AA and Attachment CC-Contractor’s Response). The CL Discount and the IL
Discount are collectively referred to as the “Service Pricing Discounts.” IL Account eligibility shall be in accordance with
Attachment AA and Attachment CC-Contractor’s Response.
2.4
How Calculated. Unless otherwise noted, Service Pricing Discounts apply to eligible monthly recurring charges (“MRC”)
before taxes and surcharges and after application of credits, other discounts, and rebates. Overage, usage-based, and
third party applications and services, certain business plan, add-ons, and other charges (including certain network specific
Page 8 of 18 products and services), are not eligible for Service Pricing Discounts. Service Pricing Discounts may apply to the MRC of
certain promotional rate plans which Sprint may offer on a limited time basis, at Contractor’s discretion. Service Pricing
Discounts are subject to the terms and conditions in Attachment AA and Attachment CC-Contractor’s Response, and may
be subject to adjustment due to Administrative Fees in accordance with Contractor’s response in Section 3.2.3 of
Attachment AA and Attachment CC-Contractor’s Response.
2.5
CL Account Eligibility. Only CL Account Active Units (defined as an active piece of wireless Product that Customer
enrolls in a Business Plan under the Contract) that are included in Buyer’s account hierarchy with Contractor are eligible
for the Service Pricing Discounts. It may take up to 2 invoicing cycles to move pre-existing CL Account Active Units to the
same invoicing cycle in order to start receiving the Service Pricing Discounts. Buyer’s contractors, suppliers, and any nongovernment, non-authorized agencies working with Customer are not eligible for the Service Pricing Discounts.
2.6
Wireless Minimum Service Term Requirement
A.
Minimum Service Term. Wireless Services require a minimum service term that begins on the wireless device
purchase date and ends either 12 months or 24 months later in accordance with Section 2.7 below (“Minimum
Service Term”).
B. Advanced Devices. Sprint may designate certain Corporate-Liable Active Units as “Advanced Devices.” Advanced
Devices include, but are not limited to: (1) a mobile computing devices, such as a tablet, netbook or notebook; or (2)
Smartphones.
2.7
Wireless Device Discount.
A.
Wireless Device Discount. New Corporate-Liable Active Units are eligible for a discounted device price based on a
device Minimum Service Term of either 12 months or 24 months. The discounted device price for a device with a
device Minimum Service Term of 12 months is at least equal to the 1-Year Net Price defined as 30% off the
Suggested Retail Price. The discounted device price for a device with a device Minimum Service Term of 24 months
is at least equal to the 2-Year Net Price defined as the Suggested Retail Price, less $150.00, less the instant rebate
(if any), less the mail-in rebate (if any). Sprint may offer a different discounted device price for devices with a different
device Minimum Service Term. The devices offered with the discounted device price(s) described in this Section 2.7
may change at any time in Sprint’s sole discretion. The discounted device offer(s) described in this Section 2.7 may
not be available in all sales channels.
B. Upgrade Terms. Existing Corporate-Liable Active Units with a 1-Year Net Price may be upgraded or replaced after
12 months of continuous service with Customer commitment to a new device Minimum Service Term. Existing
Corporate-Liable Active Units with a 2-Year Net Price may be upgraded or replaced after 20 months of continuous
service with Customer commitment to a new device Minimum Service Term. Sprint may in its sole discretion offer
different upgrade terms for devices with a different discounted device price.
C.
Exclusions. The 2-Year Net Price does not apply to PowerSource devices or devices activated on the Nextel
National Network (“Excluded Devices”). The discounted device price and device Minimum Service Term for Excluded
Devices are available by contacting Customer’s Sprint Account Representative and may change at any time in
Sprint’s sole discretion.
2.8
Accessory Equipment. The accessory discount of 20% applies to the national retail price for Nextel Device and Sprint
Device accessories purchased for CL Accounts under this Agreement.
2.9
Fixed Rates. The rates and discounts identified in the pricing Schedules in Attachment CC-Contractor’s Response will
remain fixed for the Term (unless stated otherwise in the applicable Schedule or elsewhere in Attachment CC).
2.10
Percentage Discounts. Rates and discounts not fixed in the pricing Schedules in Attachment CC-Contractor’s
Response will be based on the then-current list price at the time of purchase, less the Service Pricing Discount if
applicable. The percentage discount is fixed for the Term, but Contractor may modify the underlying rate or list price to
which the percentage discount is applied on no less than one day’s notice.
2.11
Rate Adjustments. Contractor may impose on Buyers additional regulatory fees, administrative charges; and charges,
fees or surcharges for the costs Contractor incurs in complying with governmental programs. These fees, charges or
surcharges include, but are not limited to, state and federal Carrier Universal Service Charges (“CUSC”) or Gross
Receipts surcharges. If the Federal Communications Commission (“FCC”) requires that Contractor contribute to the
Universal Service Fund (“USF”) based on interstate revenues derived from services that Contractor in good faith has
treated as exempt, including but not limited to, information services, Contractor will invoice Buyer the CUSC for such
Services beginning on the date established by the FCC as the date such Services became subject to USF contributions.
The amount of the fees and charges imposed may vary.
Page 9 of 18 3.
BILLING AND PAYMENT.
3.1
Invoicing.
A.
Commencement of Invoicing. Sprint may begin invoicing Customer in full for non-recurring and recurring charges
on the date the Products or Services are installed or delivered and made available.
B.
Timing. In general, for recurring Services, Sprint bills fixed recurring Service charges in advance and usage-based
charges in arrears.
3.2
Payment Terms. Sprint will invoice Customer, and Customer will pay Sprint, in United States dollars (USD), unless
otherwise mutually agreed in writing by the parties. Payment terms are net 30 days from the date of invoice receipt.
Invoices are deemed to have been received within 5 days of the invoice date. If Customer fails to make payment within 15
days of receiving Sprint’s written notice of nonpayment, Sprint reserves the right to charge a late fee (up to the maximum
allowed by law) or take other action to compel payment of past due amounts, including suspension or termination of
Service, unless prohibited by applicable law. Customer may not offset credits owed to Customer on one account against
payments due on the same or another account without Sprint’s written consent. Sprint’s acceptance of late or partial
payments is not a waiver of its right to collect the full amount due. Customer’s payment obligations include late charges
and third party collection costs incurred by Sprint, including but not limited to reasonable attorneys’ fees, if Customer fails
to cure its breach of these payment terms. If Customer elects to participate in the Preferred Pay Program, Customer will
remit payment using PCard, cash, check, or electronic funds transfer.
3.3
Disputed Charges. If Customer disputes a charge in good faith, Customer may withhold payment of that charge if
Customer (A) makes timely payment of all undisputed charges; and (B) within 30 days of the due date, provides Sprint
with a written explanation of Customer’s reasons for disputing the charge. Customer must cooperate with Sprint to resolve
promptly any disputed charge. If Sprint determines, in good faith, that the disputed charge is valid, Sprint will notify
Customer and, within 5 business days of receiving notice, Customer must pay the charge or invoke the dispute resolution
process in this Agreement. If Sprint determines in good faith, that the disputed charge is invalid, Sprint will credit
Customer for the invalid charge.
3.4
Repayment of Credits or Waived Charges. If, before the end of the Term, Sprint terminates an Order, a Service or the
Agreement due to Customer’s material breach, or Customer terminates a Service or the Agreement (unless due to
Sprint’s material breach) prior to the 12-Month or 24-Month Minimum Service Term, Customer may be required to repay
Sprint a pro rata portion of any credits issued or discounts given on wireless Products purchased for less than the 1 Year
Net Price or 2 Year Net Price, based upon the number of months remaining in the Minimum Service Term at the time of
termination.
4.
CREDIT APPROVAL FOR NON-GOVERNMENTAL ENTITIES. Sprint’s provision of Products and Services to non-governmental
entities is subject to Sprint credit approval. If a non-governmental entity’s financial circumstances or payment history becomes
reasonably unacceptable to Sprint during the Term, Sprint may require adequate assurance of future payment as a condition of
continuing Service. Sprint may provide Customer’s payment history or other billing/charge information to any credit reporting
agency or industry clearinghouse.
5.
WARRANTIES. EXCEPT AS, AND ONLY TO THE EXTENT, EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE
APPLICABLE SERVICE LEVEL AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” SPRINT DISCLAIMS ALL
EXPRESS OR IMPLIED WARRANTIES AND IN PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES RELATED TO EQUIPMENT, MATERIAL, SERVICES, OR
SOFTWARE.
6.
EQUIPMENT AND SOFTWARE.
6.1
Third Party Equipment or Software. Customer is responsible for any items not provided by Sprint (including but not
limited to equipment or software) that impair Product or Service quality. Upon notice from Sprint of an impairment,
Customer will promptly cure the problem. Customer will continue to pay Sprint for Products and Services during such
impairment or related suspension. If the impairment interferes with the use of the Sprint’s network by Sprint or third
parties, Sprint, in its reasonable discretion, may suspend or disconnect the affected Products and Services without
advance notice to Customer, although Sprint will provide advance notice where practical. At Customer’s request, Sprint
will troubleshoot the impairment at Sprint’s then-current time and materials rates. Sprint is not liable if a commercially
reasonable change in Products or Services causes equipment or software not provided by Sprint to become obsolete,
require alteration, or perform at lower levels.
6.2
Products. Sprint does not manufacture Products and, except as provided in this Agreement, is not responsible for the
acts or omissions of the original equipment manufacturer.
6.3
Software License.
A.
Licensing Requirements. Where software is provided with a Product or Service, Customer is granted a
non-exclusive and non-transferable license or sublicense to use the software, including any related documentation,
solely to enable Customer to use the Products and Services in accordance with the applicable licensing
requirements. Software licensing terms and conditions of Sprint’s software vendors are provided by Sprint or
Page 10 of 18 posted at www.sprint.com/ratesandconditions or otherwise provided to Customer through click or
shrinkwrap agreements. Sprint may suspend, block or terminate Customer’s use of any software if Customer fails to
comply with any applicable licensing requirement.
B.
6.4
Prohibitions. Customer is not granted any right to use any software on behalf of third parties or for time share or
service bureau activities. No rights are granted to source code and Customer may not reverse engineer, decompile,
modify, or enhance any software. Subject to the terms and conditions in the licensing requirements subsection above,
Sprint or its suppliers retain title and property rights to Sprint-provided software. Upon termination or expiration of this
Agreement or the applicable Service, any applicable software license will terminate and Customer will surrender and
immediately return the Sprint-provided software to Sprint; provided that Customer is not required to return the
software embedded in Products sold to Customer under this Agreement.
Title to Equipment. Sprint or its suppliers retain title and property rights to Sprint-provided equipment (excluding
equipment sold to Customer under this Agreement). Upon termination or expiration of the Agreement or the applicable
Service, Customer will surrender and immediately return the Sprint-provided software to Sprint; provided that Customer is
not required to return the software embedded in Products sold to Customer under this Agreement.
7.
USE OF NAME, SERVICE MARKS, TRADEMARKS. Neither party will use the name, service marks, trademarks, or carrier
identification code of the other party or any of its Affiliates for any purpose without the other party’s prior written consent. Subject to
Customer's written consent and subject to compliance with applicable law with respect to each use, Sprint may use the Customer's
name and contact information as a customer reference and may illustrate in a press release, advertising or written or video
testimonial the applications and corresponding business benefit of the solution delivered by Sprint.
8.
CUSTOMER RESPONSIBILITIES.
8.1
Installation. For Products or Services requiring on-site installations, Customer will reasonably cooperate with Sprint or
Sprint’s agents to enable Sprint or its agents to install the Products or Services. Customer is responsible for damage to
Sprint-owned Products and Services located on Customer premises, excluding reasonable wear and tear or damage
caused by Sprint.
8.2
Use of Products and Services
A.
Acceptable Use Policy. If Customer purchases Products or Services, Customer must conform to the acceptable
use policy posted at http://www.sprint.com/legal/agreement.html, as reasonably amended from time to time by Sprint.
B.
Abuse and Fraud. Customer will not use Products or Services: (1) for fraudulent, unlawful or destructive purposes,
including, but not limited to, unauthorized or attempted unauthorized access to, or alteration, abuse, or destruction of
information; or (2) in any manner that causes interference with Sprint’s or another’s use of the Sprint network.
Customer will cooperate promptly with Sprint to prevent third parties from gaining unauthorized access to the
Products and Services via Customer’s facilities.
C. Permits, Licenses and Consents. Customer will obtain, all required permits, licenses, or consents that Customer is
required to obtain to enable Sprint to provide (e.g., landlord permissions, tax exemption certificates, software
licenses, or local construction licenses) the Products and Services. This provision does not include permits, licenses,
or consents related to Sprint’s general qualification to conduct business.
9.
PRIVACY, CONFIDENTIAL INFORMATION AND DISCLOSURE.
9.1
Nondisclosure. Neither party will disclose the other party’s Confidential Information to any third party except as expressly
permitted in this Agreement. This obligation will continue until 2 years after this Agreement expires or terminates. The
Recipient may disclose Confidential Information to its Affiliates, agents and consultants with a need to know, if they are
not competitors of Discloser and are subject to a confidentiality agreement at least as protective of the Discloser’s rights
as this provision. In addition, either party may disclose this Agreement to an entity that is an Affiliate of Customer on the
Order Effective Date, provided that the Affiliate has signed a non-disclosure agreement reasonably acceptable to Sprint
and Customer. The parties will use Confidential Information only for the purpose of performing under this Agreement or for
the provision of other Sprint services. The foregoing restrictions on use and disclosure of Confidential Information do not
apply to information that: (A) is in the possession of the Recipient at the time of its disclosure and is not otherwise subject
to obligations of confidentiality; (B) is or becomes publicly known, through no wrongful act or omission of the Recipient;
(C) is received without restriction from a third party free to disclose it without obligation to the Discloser; (D) is developed
independently by the Recipient without reference to the Confidential Information; (E) is required to be disclosed by law,
regulation, or court or governmental order (subject to FOIA section of this Agreement); or (F) is disclosed with the prior
written consent of the Discloser.
9.2
Injunction. The parties acknowledge that Recipient’s unauthorized disclosure or use of Confidential Information may
result in irreparable harm. If there is a breach or threatened breach of this Agreement, the Discloser may seek a
temporary restraining order and injunction to protect its Confidential Information. This provision does not limit any other
remedies available to either party. The party who has breached or threatened to breach its nondisclosure obligations
under this Agreement will not raise the defense of any adequate remedy at law.
Page 11 of 18 9.3
Customer Proprietary Network Information. As Sprint provides Products and Services to Customer, Sprint develops
information about the quantity, technical configuration, type and destination of Products and Services Customer uses, and
other information found on Customer’s bill (“Customer Proprietary Network Information” or “CPNI”). Under federal law,
Customer has a right, and Sprint has a duty, to protect the confidentiality of CPNI. For example, Sprint implements
safeguards that are designed to protect Customer’s CPNI, including using authentication procedures when Customer
contacts Sprint. For some business accounts with a dedicated Sprint representative, Sprint may replace standard
authentication measures with a pre-established point of contact for Customer.
9.4
Privacy. Sprint’s privacy policy, as amended from time to time, is available at www.sprint.com/legal/privacy.html. The
privacy policy includes information about Sprint’s customer information practices and applies to the provisioning of the
Products and Services.
9.5
FOIA. Sprint acknowledges that the Agreement and the Confidential Information may be subject to disclosure in whole or
in part under applicable Freedom of Information, Open Records, or Sunshine laws and regulations (collectively “FOIA”).
Customer will provide Sprint with prompt notice of any FOIA requests or intended disclosures, citations to or copies of
applicable FOIA for review, and an appropriate opportunity to seek protection of Sprint Confidential Information.
10. LIMITATIONS OF LIABILITY.
10.1
Unauthorized Access / Hacking. Sprint is not responsible for unauthorized third party access to, or alteration, theft, or
destruction of, Customer’s data, programs or other information through accident, wrongful means or any other cause while
such information is stored on or transmitted across Sprint network transmission facilities or Customer premise equipment.
10.2
Content. Sprint is not responsible or liable for the content of any information transmitted, accessed or received by
Customer through Sprint’s provision of the Products and Services, excluding content originating from Sprint.
10.3
Sprint Disclaimers. Sprint is not responsible for any loss, liability, damage, or expense, including attorney’s fees,
resulting from any third party claims alleged to arise in any way from :
A.
Coverage and wireless Service quality problems caused by atmospheric, geographic or topographic conditions or
other conditions beyond Sprint’s control including the failure of other service providers;
B.
Interruption and unavailability of wireless Services due to coverage, capacity, Product failure or other limitations that
may occur in the transmission or attempted transmission of wireless Services;
C.
Outages or wireless Service disruptions occurring as a result of a public safety emergency;
D.
The content of any information transmitted by, accessed, or received through, Sprint’s provision of the Products and
Services to Customer, including, but not limited to, claims: (A) for libel, slander, invasion of privacy, infringement of
copyright, and invasion or alteration of private records or data; (B) for infringement of patents arising from the use of
equipment, hardware or software not provided by Sprint; or (C) based on transmission and uploading of information
that contains viruses, worms, or other destructive media or other unlawful content;
E.
Customer’s breach of the licensing requirements in the Software License section;
F.
Customer’s failure to comply with any provision of the Use of Products and Services section; or
G. Sprint’s failure to pay any tax based on Customer’s claim of a legitimate exemption under applicable law.
11. INDEMNIFICATION (AUTHORIZED NON-PROFIT ENTITIES). As between Sprint and any authorized non-profit entities only, the
indemnification clauses in the Contract between the parties shall not be applicable, and the following indemnification provisions
shall control:
11.1
Mutual Indemnification for Personal Injury, Death or Damage to Personal Property. Each party will indemnify and
defend the other party, its directors, officers, employees, agents and their successors against all third party claims for
damages, losses, liabilities or expenses, including reasonable attorneys’ fees, arising directly from the performance of this
Agreement and relating to personal injury, death, or damage to tangible personal property that is alleged to have resulted,
in whole or in part, from the negligence or willful misconduct of the indemnifying party or its subcontractors, directors,
officers, employees or authorized agents.
11.2
Customer Indemnification. Customer will indemnify and defend Sprint, Sprint’s directors, officers, employees, agents
and their successors, against all third party claims for damages, losses, liabilities or expenses, including reasonable
attorneys’ fees, arising out of:
A.
Customer’s failure to obtain permits, licenses, or consents that Customer is required to obtain to enable Sprint to
provide the Products or Services (e.g., landlord permissions or local construction licenses). This provision does not
include permits, licenses, or consents related to Sprint’s general qualification to conduct business;
B.
Customer’s transmission of, or transmissions by those authorized by Customer to use the Services of, information,
data or messages over the Sprint network, including, but not limited to, claims: (A) for libel, slander, invasion of
privacy, infringement of copyright, and invasion or alteration of private records or data; (B) for infringement of patents
Page 12 of 18 arising from the use of equipment, hardware or software not provided by Sprint; or (C) based on transmission and
uploading of information that contains viruses, worms, or other destructive media or other unlawful content;
11.3
C.
Customer’s breach of the licensing requirements in the Software License section;
D.
Customer’s failure to comply with any provision of the Use of Products and Services section; or
E.
Sprint’s failure to pay any tax based on Customer’s claim of a legitimate exemption under applicable law.
Sprint Indemnification. Sprint will indemnify and defend Customer, Customer’s directors, officers, employees, agents
and their successors against third party claims enforceable in the United States alleging that Services as provided infringe
any third party United States patent or copyright or contain misappropriated third party trade secrets. Sprint’s obligations
under this section will not apply to the extent that the infringement or violation is caused by (i) functional or other
specifications that were provided or requested by Customer, or (ii) Customer’s continued use of infringing Services after
Sprint provides reasonable notice to Customer of the infringement. For any third party claim that Sprint receives, or to
minimize the potential for a claim, Sprint may, at its option and expense, either:
A.
B.
C.
11.4
procure the right for Customer to continue using the Services;
replace or modify the Services with comparable Services; or
terminate the Services.
Rights of Indemnified Party. To be indemnified, the party seeking indemnification must (i) give the other party timely
written notice of the claim (unless the other party already has notice of the claim), (ii) give the indemnifying party full and
complete authority, information and assistance for the claim’s defense and settlement, and (iii) not, by any act, admission
or acknowledgement, materially prejudice the indemnifying party’s ability to satisfactorily defend or settle the claim. The
indemnifying party will retain the right, at its option, to settle or defend the claim, at its own expense and with its own
counsel. The indemnified party will have the right, at its option, to participate in the settlement or defense of the claim, with
its own counsel and at its own expense, but the indemnifying party will retain sole control of the claim’s settlement or
defense.
12. .TERMINATION OF INDIVIDUAL PARTICIPATING ENTITIES.
12.1
Participating Entities. Sprint may suspend or terminate the right to purchase and use Products or Services or this
Agreement immediately as to a Participating Entity if Participating Entity fails to cure any material breach of this
Agreement within 30 days after receiving Sprint’s written notice of such breach; or if Participating Entity fails to comply
with applicable law or regulation and Participating Entity noncompliance prevents Sprint’s performance under the
Agreement. Participating Entity material failure does not include a failure caused by Sprint or a failure identified in the
“Force Majeure” section.
12.2
Effects of Termination of Participating Entity.
A.
Service Charges. Participating Entity remains obligated to pay all Service charges incurred up to the effective date of
termination for each terminated Customer Liable Active Unit of the applicable Participating Entity, whether or not
invoiced by the termination date. .
B. Repayment of Credits. If, before the end of the Term, 1) Sprint terminates an Order due to Participating Entity’s
material breach or 2) a Participating Entity terminates an Order for its convenience prior to the 12-Month or 24-Month
Minimum Service Term, Participating Entity may be required to repay Sprint a pro rata portion of any credits issued
or discounts given on wireless Products purchased for less than the 1 Year Net Price or 2 Year Net Price, based
upon the number of months remaining in the Minimum Service Term at the time of termination. This provision does
not apply to service level credits issued for Service outages.
C.
12.3
Individual Liable. Individual Liable Active Units are subject to the order term requirements and other obligations in
the separate subscriber agreement between Sprint and the Employee.
Effects of Termination.
A.
Individual Liable. Individual Liable Active Units are subject to the order term requirements and other obligations in
the separate subscriber agreement between Sprint and the Employee.
13. DISCOUNT PROGRAM.
13.1
Effective Date of Discounts. For new “Active Units” (defined as an active piece of wireless Product that Customer
enrolls in a Business Plan under the Agreement), the Service Pricing Discounts apply as of the Order Commencement
Date. For CL Account Active Units activated prior to the Order Commencement Date under pre-existing agreement(s)
between Sprint and Customer, Sprint will apply the discounts below no later than 60 days after the Order Commencement
Date. IL Account Active Units activated prior to the Order Commencement Date are eligible for the discounts below by
contacting a Sprint representative and subject to the eligibility requirements herein.
Page 13 of 18 14. EMPLOYEE DISCOUNT PROGRAM.
14.1
Eligible Employees. Subject to and conditioned upon (1) the Employee signing Sprint’s consumer subscriber agreement;
(2) the Employee providing to Sprint satisfactory evidence of employment with Customer; and (3) the Employee complying
with Sprint’s current terms regarding discounts, new and existing Customer Employee (or Individual-Liable) Active Units
may receive the IL Discount for eligible service charges and plans. Customer and Sprint will agree on methods for
employment verification. Upon termination of this Agreement for any reason, or upon the Employee’s termination of
employment with Customer, Sprint may cease applying the IL Discount. Except for the IL Discount and the conditions set
forth, IL Account Active Units are governed exclusively by the terms and conditions in the consumer subscriber
agreement.
14.2
Optional Communications. Sprint and Customer’s employee benefits group may develop and agree to a
communications plan to present discounts and to sell to Employees within 60 days of the Order Effective Date.
Communications may include new hire materials, benefits enrollment materials, e-mail, payroll stuffers, newsletters, or
Internet and intranet links, chair drops, or other mutually agreed to methods.
15. ELECTRONIC BILLING PRODUCTS
15.1
Except for the Consolidated Invoice product, the following electronic billing products provide CL Account Active Unit call
detail record information:
ELECTRONIC BILLING PRODUCTS
A.
Invoice Data
Summary Data
Minimum CL
Account
Active Units
eBilling & Analysis
3 months
12 months
50
Data Direct
1 month
Not available
100
Electronic Data Interchange (EDI)
1 month
Not available
100
Smart CD+
1 month
Not available
100
Consolidated Invoice
1 month
Not available
100
For Data Direct, Electronic Data Interchange, Smart CD+, and Consolidated Invoice, data is provided for current
billing cycles. Archived data is available for as long as the account numbers are enrolled in the electronic billing
product.
15.2
Customer may choose any combination of electronic billing products. Sprint reserves the right, upon 60 days’ prior written
notice, to migrate Customer to an updated or successor version of the selected electronic billing product if available or to
an entirely new electronic billing product.
15.3
There are no charges associated with the electronic billing products listed above.
15.4
Customer must comply with the Electronic Invoice Reporting and Analytics Product Annex, which is incorporated into this
Agreement as posted to the Rates and Conditions Website as of the date Customer signs the Agreement.
16. ADDITIONAL BUSINESS PLANS AND SPECIAL OFFERS
16.1
Additional Business Plans. If Customer is eligible for and selects a Business Plan that is not specified in the Agreement,
Customer’s Service Pricing Discounts set forth above will apply to the Business Plan unless otherwise stated in the
Business Plan, and the terms and conditions of the Business Plan will apply in addition to, and control over, any
conflicting terms or conditions in the Agreement.
16.2
Business Plans and Features. Certain wireless Products require specific Business Plans for operation on the Sprint
Networks or the Sprint 4G Network. Certain Business Plans, features and equipment discounts may not be available on
all wireless devices. More information is available by contacting Customer’s Sprint Account Representative.
16.3
Promotions. Sprint promotional discounts may not be available with certain Business Plans, as indicated in the
promotional offer. If Customer purchases a promotional wireless Product or Service, the promotional terms will control
over any conflicting terms in the Agreement for that wireless Product or Service until the promotion expires or Customer
selects a different Business Plan for the CL Account Active Unit enrolled in the promotion.
16.4
Trial Offers. If Customer receives a wireless Service or Service option for a limited trial period at a reduced cost, upon
expiration of the trial period, Customer will continue to receive the wireless Service or Service option at full price. If
Page 14 of 18 Customer wishes to avoid being billed in full for the promotional wireless Service or Service option, Customer must
contact Sprint before the end of the trial period to discontinue the wireless Service or Service option.
17. ADDITIONAL TERMS. Customer must comply with the Wireless Services Product Annex, which is incorporated into this
Agreement as posted to the Rates and Conditions Website as of the date Customer signs this Agreement.
18. SHIPPING FEES. Sprint will waive Ground or 2-Day shipping fees for CL Account Active Units. Additional charges may apply for
overnight shipping. 19. ACTIVATION FEES. Sprint will waive the nonrefundable activation fee of $36 that applies to each CL Account billing account that
is created during the Term. Additionally, Sprint will waive the nonrefundable activation fee of $36 that applies to each IL Account
billing account that is created during the Term. 20. EARLY TERMINATION FEE. Sprint will waive early termination fees per terminated Customer-Liable Active Unit. Early termination
fees for Individual-Liable Active Units are governed by Sprint’s consumer subscriber agreement.
21. THIRD PARTY AGENTS. Unless expressly stated otherwise, the pricing terms in this Attachment AA and in Attachment CC,
including its sub-attachments, may not be available if an indirect sales agent is involved in the transaction.
22. SPRINT SERVICE PROVIDER AFFILIATE MARKET LIMITATIONS. Some portions of the Nationwide Sprint Network are owned
and operated by Sprint Service Provider Affiliates under management agreements with Sprint. Certain Business Plans, add-ons
and Products are not available or are modified in Sprint Service Provider Affiliate Markets. Notwithstanding anything to the contrary
in this Attachment, Sprint reserves the right, with 30 days’ prior written notice, to (i) port any Active Unit activated in a Sprint
Service Provider Affiliate Market to the Sprint Service Provider Affiliate or a successor serving that Market; or, if porting is not
possible, (ii) terminate Services to such Active Units.
23. DEFINITIONS.
23.1
“Agreement” and “Contract” shall both be deemed to refer to the Master Service Agreement (RFP/Contract #1907) for
Services of Independent Contract between Sprint and the Western States Contracting Alliance, acting by and through the
State of Nevada.
23.2
“Affiliate” is a legal entity that directly or indirectly controls, is controlled by, or is under common control with the party. An
entity is considered to control another entity if it owns, directly or indirectly, more than 50% of the total voting securities or
other similar voting rights. For purpose of this Agreement, Clearwire Corporation is not included as an Affiliate of Sprint.
23.3
“Confidential Information” means nonpublic information (A) about Discloser’s business, (B) given to the Recipient in any
tangible or intangible form for Recipient’s use in connection with this Agreement, and (C) that Recipient knows or
reasonably should know is confidential because of its legends and markings, the circumstances of its disclosure, or the
nature of the information. Confidential Information includes but is not limited to: trade secrets; financial information;
technical information including research, development, procedures, algorithms, data, designs, and know-how; business
information including operations, planning, marketing plans, and products; and the pricing and terms of the Agreement
including related discussions, negotiations, and proposals.
23.4
“Customer-Liable” and “CL Account” shall be deemed to refer to the same type of account and shall have the meaning set
forth in the Contract and Sprint’s Wireless Services Product Annex.
23.5
“Discloser” means the party disclosing Confidential Information.
23.6
“Domestic” means the 48 contiguous states of the United States and the District of Columbia, unless otherwise defined for
a particular Product or Service in the applicable Product specific Terms.
23.7
“Individual-Liable” and “IL Account” shall be deemed to refer to the same type of account and shall have the meaning set
forth in the Contract and Sprint’s Wireless Services Product Annex.
23.8
“Network” or “Networks” means the wireless and wireline transmission facilities owned and operated by Sprint or on
Sprint’s behalf by third parties under management agreements with Sprint.
23.9
“Order” or “Purchase Order” means a written or electronic order, or purchase order, submitted or confirmed by Customer
and accepted by Sprint, which identifies specific Products and Services, and the quantity ordered. Verbal Orders are
deemed confirmed upon Customer’s written acknowledgement, or use, of Products or Services.
23.10
“Order Commencement Date” is the first day of the first bill cycle in which Sprint bills monthly recurring charges or usage
charges for an Order.
23.11
“Order Effective Date” is the date an Order is received by Sprint.
23.12
“Order Term” means the term designated for an individual Order.
Page 15 of 18 23.13
“Preferred Pay Program” provides a discount to Sprint customers for remitting payment using cash, check or electronic
funds transfer. Customer must contact its assigned Sprint representative for further information, including eligibility
requirements.
23.14
“Product(s)” includes equipment, hardware, software, cabling or other materials sold or leased to Customer by or through
Sprint as a separate item from, or bundled with, a Service.
23.15
“Product-specific Terms” means to separate descriptions, terms and conditions for certain non-regulated Products and
Services.
23.16
“Rates and Conditions Website” means the website found at http://www.sprint.com/ratesandconditions/.
23.17
“Recipient” means the party receiving Confidential Information.
23.18
“Service(s)” means wireline and wireless business communications services, including basic or telecommunications
services, information or other enhanced services, and non-regulated professional services provided to Customer by or
through Sprint under this Agreement, excluding Products.
23.19
“Sprint Wireless Recycling Program” - provides two options for recycling used wireless devices, including accessories: (1)
the Sprint buyback program provides Sprint customers with an account credit for returning to Sprint certain previously sold
Sprint or Nextel wireless devices, and (2) the Sprint project connect program accepts any wireless device and uses the
net proceeds that result from those devices to fund community-based initiatives such as Sprint’s 4NetSafety Program.
The 4NetSafety Program promotes Internet safety for children. For more information on the Sprint Wireless Recycling
Program, including wireless devices eligible for the Sprint buyback program, go to Sprint.com/recycle.
24. MISCELLANEOUS.
24.1
Independent Contractor. This Agreement does not create an employer-employee relationship, association, joint venture,
partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or Affiliates.
24.2
Technology Information. Sprint, as determined in its sole discretion, may discontinue any Product or Service. Sprint
shall provide Customer with at least six (6) months prior notice of its intention to discontinue any such Products or
Services.
24.3
Severability. If any provision of this Agreement is found to be unenforceable, this Agreement’s unaffected provisions will
remain in effect and the parties will negotiate a mutually acceptable replacement provision consistent with the parties’
original intent.
24.4
URLs and Successor URLs. References to Uniform Resource Locators (URLs) in this Agreement include any successor
URLs designated by Sprint.
24.5
Survivability. The terms and conditions of this Agreement regarding confidentiality, indemnification, warranties,
nonappropriations, payment and all others that by their sense and context are intended to survive the expiration of the
Agreement will survive.
Page 16 of 18 3. CONTRACTOR’S PRODUCT/SERVICE ANNEXES
A.
WSCA Buyer’s use of Sprint Products or Services is also governed by the applicable Product and Service annexes posted
on Sprint’s Rates and Conditions website at http://www.sprint.com/ratesandconditions.
B.
WSCA Buyers seeking funds through the Universal Service Schools and Libraries E-Rate Program are subject to the
Schools and Libraries Funding Programs Annex posted on Sprint’s Rates and Conditions website at
http://www.sprint.com/ratesandconditions.
C.
WSCA Buyer’s use of the Sprint Emergency Response Team Go-Kit shall be governed by the ERT Go Kit Product Annex as
posted on Sprint’s Rates and Conditions website at http://www.sprint.com/ratesandconditions.
Page 17 of 18 4. SAMPLE WSCA PARTICIPATING ADDENDUM
[PLACEHOLDER – SAMPLE TO BE INSERTED ON THE FOLLOWING PAGES]
Page 18 of 18 PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS SERVICES 2012-2017
Administered by the State of Nevada (hereinafter “Lead State”)
MASTER SERVICE AGREEMENT
SPRINT SOLUTIONS, INC.
Nevada Contract Number: 1907
(hereinafter “Contractor”)
And
[insert name of participating state or participating entity xxxxxxxx]
(hereinafter “Participating State/Participating Entity”)
[insert state/entity contract number if required xxxxxx]
Page 1 of 6
1. Scope/Background: Contractor, on behalf of its affiliated entities providing the products
and services, and the Lead State, on behalf of WSCA and the NASPO Cooperative, entered
into Master Service Agreement No. S1907 effective April 12, 2012 (the Master Service
Agreement and Amendments are collectively, the “Master Service Agreement”).
This Participating Addendum (the “Addendum”), dated the date the last party signs
(“Effective Date”), covers the WIRELESS SERVICES led by the State of Nevada for use by
state agencies and other entities located in the Participating State/Participating Entity
authorized to utilize the Master Service Agreement. This Addendum is a separate
agreement between the Participating State/Participating Entity and the Contractor entered
into under the terms and conditions of the Master Service Agreement except as modified
herein.
2. Participation:
Subject to the acknowledgement of the respective State Chief
Procurement Official, as confirmed to Contractor by WSCA, unless specifically prohibited
by State statute, government agencies, political subdivisions and authorized non-profits
are authorized to enter into a Participating Addendum under the Master Service
Agreement. Issues of interpretation and eligibility for participation are solely within the
authority of the State Chief Procurement Official.
INDIVIDUAL CUSTOMER: Each State agency, political subdivision and authorized nonprofit, acting as a Participating Entity, that purchases products/services will be treated as if
they were individual customers. Except to the extent modified by this Addendum, each
agency, political subdivision and authorized non-profit will be responsible to follow the
terms and conditions of the Master Service Agreement; and they will have the same rights
and responsibilities for their purchases as the Lead State has in the Master Service
Agreement. Each agency, political subdivision and authorized non-profit will be
responsible for their own charges, fees, and liabilities. Each agency, political subdivision
and authorized non-profit will have the same rights to any indemnity or to recover any
costs allowed in the contract for their purchases. The Contractor will apply the charges to
each Participating Entity individually.
3. Participating State/Participating Entity Modifications or Additions to Master Service
Agreement:
(These modifications or additions apply only to actions and relationships within the
Participating Entity.)
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS SERVICES 2012-2017
Administered by the State of Nevada (hereinafter “Lead State”)
MASTER SERVICE AGREEMENT
SPRINT SOLUTIONS, INC.
Nevada Contract Number: 1907
(hereinafter “Contractor”)
And
[insert name of participating state or participating entity xxxxxxxx]
(hereinafter “Participating State/Participating Entity”)
[insert state/entity contract number if required xxxxxx]
Page 2 of 6
[Replace this with specific changes or a statement that No Changes Are Required]
4. [Purposely Left Blank.]
5. Primary Contacts: The primary contact individuals for this Addendum are as follows (or
their named successors):
Lead State
Name
Address
Telephone
Fax
E-mail
Contractor
Name
Address
Telephone
Fax
E-mail
Teri Smith, Purchasing Officer
515 E. Musser St, Suite 300, Carson City, NV 89701
775-684-0178
775-684-0188
[email protected]
Gray Sigler
See Secondary Contact below for correspondence. (If
an address is needed, use Sprint Contract Manager)
775-450-2916
See Secondary Contact
[email protected]
Contractor (Secondary Contact)
Name
Michaela Clairmonte, Manager, Contract Negotiations
Address
12502 Sunrise Valley Drive,
MS: VARESA0208, Reston, VA 20196
Telephone
703-433-8581
Fax
703-433-8798
E-mail
[email protected]
Participating State/Participating Entity
Name
Address
Telephone
Fax
E-mail
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS SERVICES 2012-2017
Administered by the State of Nevada (hereinafter “Lead State”)
MASTER SERVICE AGREEMENT
SPRINT SOLUTIONS, INC.
Nevada Contract Number: 1907
(hereinafter “Contractor”)
And
[insert name of participating state or participating entity xxxxxxxx]
(hereinafter “Participating State/Participating Entity”)
[insert state/entity contract number if required xxxxxx]
Page 3 of 6
6. [Purposely Left Blank.]
7. Purchase Order Instructions:
All orders should contain the following mandatory language: (1) indicating that “all
Purchase Orders or Sprint Approved funding documents will be in accordance with and
subject to WSCA Contract # 1907”; (2) Your Name, Address, Contact Number, email
address and Contractor’s account number(s); and (3) Purchase order amount.
8. Price Agreement Number:
All purchase orders or Sprint approved funding documents issued by purchasing entities
within the jurisdiction of this Addendum shall include the Participating State/Participating
Entity contract number: [insert appropriate number] and the Lead State price
agreement number: 1907.
This Addendum and the Master Service Agreement number 1907 (administered by the
State of Nevada) together with its exhibits, set forth the entire agreement between the
parties with respect to the subject matter of all previous communications, representations
or agreements, whether oral or written, with respect to the subject matter hereof. Terms
and conditions inconsistent with, contrary or in addition to the terms and conditions of this
Addendum and the Master Service Agreement, together with its exhibits, shall not be
added to or incorporated into this Addendum or the Master Service Agreement and its
exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or
incorporate such terms and conditions are hereby rejected. The terms and conditions of
this Addendum and its exhibits shall prevail and govern in the case of any inconsistency or
conflict with the terms and conditions of the Master Service Agreement as to the
Participating State/Participating Entity and any Buyers under this Addendum ONLY, and
shall otherwise have no impact on the Master Service Agreement and its exhibits.
9. Compliance with reporting requirements of the “American Recovery and Reinvestment
Act of 2009” (“ARRA”): If or when contractor is notified in writing by ordering entity that a
specific purchase or purchases are being made with ARRA funds, contractor agrees to
comply with the data element and reporting requirements as currently defined in Federal
Register Vol 74 #61, Pages 14824-14829 (or subsequent changes or modifications to these
requirements as published by the Federal OMB) that are legally required of vendors as
providers of goods and services to recipients or subrecipients of ARRA funds. Ordering
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS SERVICES 2012-2017
Administered by the State of Nevada (hereinafter “Lead State”)
MASTER SERVICE AGREEMENT
SPRINT SOLUTIONS, INC.
Nevada Contract Number: 1907
(hereinafter “Contractor”)
And
[insert name of participating state or participating entity xxxxxxxx]
(hereinafter “Participating State/Participating Entity”)
[insert state/entity contract number if required xxxxxx]
Page 4 of 6
entity is responsible for informing contractor in writing prior to ARRA funds being used for
a purchase or purchases. Contractor will provide the required report, if any, to the
ordering entity with the invoice presented to the ordering entity for payment. The
Contractor, as it relates to purchases under this Addendum, is not a subcontractor,
recipient, subrecipient or subgrantee, but simply a vendor that is a provider of goods and
related services.
10. Sprint Approved Funding Document: The Sprint Approved Funding Document
(“Funding Document”) is attached hereto as Exhibit A. As a pre-condition to ordering
Sprint services and equipment, Sprint may in its discretion require Buyers to provide the
Funding Document.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of
execution by both parties below.
Participating State/Participating Entity:
Contractor:
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
[Additional signatures as required by Participating State/Participating Entity]
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS SERVICES 2012-2017
Administered by the State of Nevada (hereinafter “Lead State”)
MASTER SERVICE AGREEMENT
SPRINT SOLUTIONS, INC.
Nevada Contract Number: 1907
(hereinafter “Contractor”)
And
[insert name of participating state or participating entity xxxxxxxx]
(hereinafter “Participating State/Participating Entity”)
[insert state/entity contract number if required xxxxxx]
Page 5 of 6
EXHIBIT A – FUNDING DOCUMENT
[INSERT TEMPLATE BELOW TO AGENCY/ENTITY LETTERHEAD]
<Date>
<Agency Name>
<Contracting Officer or Authorized POC- insert Name & Title>
<Street Address>
<City>, <State> <ZIP Code>
<Insert Phone Number>
<Email>
Dear <Insert Sprint Sales Rep Name>,
The units on the following Billing Account Numbers listed below are eligible to purchase wireless
communication services under the Western State Contracting Alliance (WSCA) Agreement, No.
1907, dated___________, and the WSCA Participating Addendum between Sprint Solutions, Inc.,
and the Participating State/Participating Entity.
Billing Account Numbers: [Insert List of Sprint Billing Account Numbers]
I, __________________________________________, hereby certify that the following information
provided herein is true and accurate as of the date of this letter: (1) I am an authorized purchaser for
[Insert Agency Name]; (2) all orders will be in accordance with and subject to the pricing, terms and
conditions under the Western State Contracting Alliance (WSCA) Agreement, No. 1907, and the
WSCA Participating Addendum with the Participating State/ Participating Entity; and (3) Sprint
is authorized to invoice the total dollar amount for services and equipment ordered by an authorized
purchaser for the [Insert Agency Name].
Furthermore, I certify the [Insert Agency Name] (1) shall pay charges incurred for the period of time the
units are active with Sprint and until written notice of cancellation is provided to Sprint; and (2) the
[Insert Agency Name] acknowledges and understands that Sprint will not automatically terminate
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS SERVICES 2012-2017
Administered by the State of Nevada (hereinafter “Lead State”)
MASTER SERVICE AGREEMENT
SPRINT SOLUTIONS, INC.
Nevada Contract Number: 1907
(hereinafter “Contractor”)
And
[insert name of participating state or participating entity xxxxxxxx]
(hereinafter “Participating State/Participating Entity”)
[insert state/entity contract number if required xxxxxx]
Page 6 of 6
service until written notice of cancellation is received by Sprint. The [Insert Agency Name] agrees to
pay Sprint for all fees and charges for services and equipment received up to the effective date of
cancellation.
If there is a change in the above authorization, it is the responsibility of the authorized purchaser to
provide written notification to Sprint within ten (10) days at the following address:
Sprint
12502 Sunrise Valley Drive
Mailstop: VARESA0208
Reston, VA 20196
Attn: Public Sector Contracts Manager
Sincerely,
<Sign Name, Title>
Part
Description
Vendor
PRO-200
PRO-700
Blackberry 8350i
i335
i365IS
i465
i576
i856
i886
PRICING FOR SPRINT/NEXTEL ACCESSORIES
SPRINT-NEXTEL ACCESSORIES
Batteries
SNN5683
Motorola Slim Battery
Motorola
AANN4285
Motorola Standard Battery
Motorola
ACC04746022
RIM 7750/7250 Internal Battery
Magnadyne
BSB8833
RIM C-X2 Standard Battery
Superior
Communications
BSB9630
RIM D-X1 Standard Battery
TESSCO
BSH0650
HTC Standard Battery
TESSCO
BSH5110
HTC Standard Battery
Magnadyne
BSL1353
Standard Battery - LG Remarq/LG LX-370/LX-290
Magnadyne
BSL2600
LG Standard Battery - Rumor (Black)
TESSCO
BSL2601
LG Standard Battery - Rumor (Green)
TESSCO
BSL2602
LG Standard Battery - Rumor (Blue)
TESSCO
BSL2603
LG Standard Battery - Rumor (White)
TESSCO
BSL2659
LG Standard Battery
TESSCO
BSL6320
LG Lotus Standard Battery
TESSCO
BSL6710
LG Standard Battery - LG Optimus S
TESSCO
BSN3141
Motorola BP6X Standard Battery
Motorola
BSN5837
Motorola BN70 Standard Battery
Motorola
BSN5851
Motorola BN80 Standard Battery
Motorola
BSP3011
Standard Battery - Palm Pre/Palm Pixi
Superior
Communications
BSS1363Q
Samsung Standard Battery with Charging Carrier
Samsung
BSS1482
Samsung Standard Battery
Samsung
BSS3169
Samsung Intrepid Standard Battery
Samsung
BSS4141
Samsung Moment™Standard Battery
Samsung
BSS4142
Samsung Standard Battery - Samsung Intercept, Samsung
Transform
Samsung
RAC5036
BlackBerry C-S2 Standard Battery
RIM
SNN5705
Motorola Standard Lithium Ion Battery 750 mAh
Motorola
X
X
X
SNN5792
Motorola BK70 Standard Battery
SPA10BT08
UT STARCOM CDM105 STD BATTERY
SPH66BT15
HTC PPC6600/6601 STD BATTERY
SPN3BT009
Nokia 3585/3585i/3588 Std Battery
SPN60BT11
Nokia 6016i/3155i Battery
Motorola
SPSA8BT11
Samsung A800 Standard Battery
Magnadyne
SPY4BT017
Sanyo 4930 Standard Battery
Sanyo
BXH3415R
HTC Evo Extended Capacity Battery and Door
Magnadyne
BXM3135
Motorola ES400S Extended Capacity Battery, Door and
Stylus
TESSCO
BXM5983
Motorola Extended Capacity Battery with Charger
Motorola
BXM8964
Motorola Extended Battery
Motorola
BXN9000
Motorola BX80 Extended Battery
Motorola
BXS0720
Extended Battery
Magnadyne
SBY2BTS17
Extended Battery with Cover
Sanyo
SNN5793
Motorola BK10 Extended Battery
Motorola
SPY93BTR7
Sanyo MM8300 Red Ext Battery
Sanyo
NNTN4655
Motorola High Capacity Lithium Ion Battery 1450 mAh
Motorola
BNN0036
Motorola i365IS Intrinsically Safe Battery
Motorola
BNN4086
Motorola FM/IS Battery - r765IS
Motorola
3471WW
Palm Pixi Artist Series: Hummingbird by Cole Gerst
Superior
Communications
3473WW
Palm Pixi Artist Series: Two Fish by Michelle White
Superior
Communications
3475WW
Palm Pixi Artist Series: Skull by Jeremy Fish
Superior
Communications
DSP9383Q
Palm Pixi Touchstone Back Cover
Superior
Communications
DSP9191Q
Palm Pre Touchstone Back Cover
Superior
Communications
DWB9630Q
Powermat Receiver-Blackberry Tour/Bold
TESSCO
DXM1297
Motorola Extended Capacity Battery Door
Motorola
DXM3949
Motorola Extended Capacity Battery Door
Motorola
DXN2651
Motorola Extended Battery Door (Blue)
Motorola
DXN7803
Motorola Extended Battery Door
Motorola
DXN9010
Motorola Extended Capacity Battery Door
Motorola
X
X
X X
X
Battery Doors
DXY0070
Extended Battery Door
TESSCO
SHN0199
Motorola Extended Battery Door
Motorola
NTN2139NEX
Motorola High Capacity Black Battery Door
Motorola
RAC5525
RIM
RAC5525R
Standard Battery Door and High Capacity Battery Door
Standard Battery Door and High Capacity Battery Door 7520
DWB8330Q
Powermat Receiver-Blackberry Curve 8330, 8350i
TESSCO
X
X
X
DWX1500Q
Powermat Powercube Universal Receiver
TESSCO
Motorola Rapid Travel Charger - Black
Motorola
Chargers
NNTN4963R
NPSX4793Q
Kensington Power Adapter for Netbooks
TESSCO
PRX8841
Micro-USB Travel Charger
Magnadyne
NNTN4963
Motorola Rapid Travel Charger
Motorola
PRL2091R
LG 18-Pin Rapid Travel Charger
Magnadyne
PSS2176R
Rapid USB Travel Charger
Ever Win
X
X X
X X
X
PSX8992R
USB Travel Charger
Magnadyne
SPHTCH004
Palm One Treo Travel Charger
Magnadyne
NNTN6343
Motorola Vehicle Power Charger
Motorola
X
NNTN6343R
Motorola Vehicle Power Charger
Motorola
X
PVN4765
Motorola Vehicle Charger
Motorola
PVS5130R
Samsung S20-pin Vehicle Power Charger
Magnadyne
PVX8721R
Micro-USB Vehicle Charger
Magnadyne
X X
X X X X
PVX8823R
Micro-USB Vehicle Charger PLUS
Technocel
X X
X X X X
PVX8930R
Palm Compatible Micro-USB Vehicle Power Charger
Magnadyne
PVX9501R
USB Vehicle Charger
Magnadyne
RVS6610R
Samsung Vehicle Power Charger
Magnadyne
RVX6723R
Mini USB Vehicle Charger
Ever Win
EVE0012
Nextel Universal Dual Port Desktop Charger
Ever Win
PDN7765
Motorola Single Unit Charger - r765IS
Motorola
PDP6500Q
Palm Touchstone Charging Kit
Superior
Communications
PWU4333Q
Powermat 2-Position Wireless Charging Mat with Powercube TESSCO
SPSA7CH03
Samsung MM-A700 Desktop Charger
PMN6765
Motorola Impres Multi-Unit Charger - r765IS
Motorola
PMX2476
Six Bay Battery Charger
TESSCO
RNX7693
International Power Outlet Adapter
Magnadyne
X X
X
X
X X
PBN0887
Motorola Battery Only Charger
Motorola
X
PGU5688Q
Solio Mono Hybrid Charger
TESSCO
X X X X
X X X X
X
X X
PGU3838R
Sprint Travel Charger PLUS
Technocel
X X X X
X X X X
PRX0310R
All-in-one vehicle and wall charger
Magnadyne
X X X X
X X X X
CBU2358R
Universal Swivel Belt Clip Kit
Ever Win
CBU2380
Swivel Clip 3
Ever Win
CBU2929
S1 Carabineer Hook
TESSCO
Carry Solutions
CBU2990
S1 Bike Mount System
TESSCO
NTN2186MOT
D-Ring Leather Swivel Belt Clip
Motorola
ACC04746010
RIM 7750 LEATHER HOLSTER
CHB0853R
Holster and Shield Combo - Blackberry 8530
Technocel
CHH6745Q
Carry Holster - HTC EVO
HTC
CHH7140R
Holster and Shield Combo - HTC EVO Shift 4G
Technocel
CHL1671R
Holster - LG Optimus S
Magnadyne
CHM2902R
Motorola Carry Holster
Magnadyne
X
X X
X X X X X X X X X
X
CHN0101R
Holster and Shield Combo - Motorola i1
TESSCO
CHN0335
Motorola Carry Holster
Motorola
CHN0365
Holster
Motorola
CHN0465R
Carry Holster - Motorola i465
Motorola
CHN0576
Holster
Motorola
CHN0680
Motorola Holster - i680
CHN0765
Holster
Motorola
CHN0856R
Holster - Motorola i856
Motorola
CHN0886R
Holster - Motorola i886
Motorola
CHN0890R
Holster - Motorola i890
Motorola
CHP9119R
Premium Holster
TESSCO
CHR8350
Holster
TESSCO
CHS0321R
Holster
Magnadyne
CHS2424R
Holster
TESSCO
CHS9300R
Carry Holster - Samsung Epic 4G
Magnadyne
CHY4100R
Holster - Sanyo Taho
TESSCO
NNTN4756R
Motorola Carry Holster with Swivel Belt Clip
Motorola
NNTN6785
Motorola Carry Holster
Motorola
CFB0085Q
Rugged Defender OtterBox Case - BB Curve 8530
TESSCO
CFB1230R
Leather Pouch BlackBerry Style 9670
TESSCO
CFH2258R
Leather Pouch - HTC Evo
HTC
CFH6253R
Leather Pouch - HTC EVO Shift 4G
HTC
CFH7299Q
Rugged Defender Otterbox Case - HTC EVO
TESSCO
CFH8167Q
Otterbox Commuter Case - HTC EVO
TESSCO
CFL6099Q
Luxury Leather Fitted Case
Magnadyne
CFM5795R
Leather Case
Fine Skin
Leathers
CFM8374
Leather Pouch - Motorola ES400S
TESSCO
CFP0129R
Protective Leather Sleeve for Palm Pixi
Magnadyne
CFP2580R
Protective Red Sleeve
Magnadyne
CFP3690R
Protective Brown Sleeve
Magnadyne
CFP9811Q
Leather Pouch
Superior
Communications
CFR4434Q
Rugged Defender Otterbox Case
TESSCO
CFS1641
Leather Fitted Case
Fine Skin
Leathers
CFS5012Q
Rugged Defender Otterbox Case - Samsung Galaxy Tab
TESSCO
CFS5203Q
Protective Easel Case - Samsung Galaxy Tab
Samsung
CFS5811
Leather Fitted Case
Fine Skin
Leathers
CFS9658Q
Leather Pouch - Samsung Epic 4G
Samsung
CFY3103
Leather Fitted Case
Magnadyne
CFY8403
Body Glove Scuba Case
Fellowes
SPSA8LC01
Samsung A790/A800 Universal Leather Case
Samsung
WNC0861
Nextel Black Leather Case
W Richman
CCU0138V
Black Rugged BlackBerry Pouch
TESSCO
CCU1777V
EcoFriendly Small Vertical Universal Case
Magnadyne
X
X
X
X
X
X
X
X
X
X
X
CCU2134R
Horizontal Neoprene Black Pouch
Ever Win
CCU3836
EVDO Card Universal Case
Magnadyne
CCU7030R
Body Glove Leather Horizontal Pouch
Fellowes
CCU8710
USB Broadband Card Case
Magnadyne
CCU8710R
USB Broadband Card Case
Magnadyne
CCU9211R
Black Rugged Small Nylon Case
TESSCO
CCU9213
Black Rugged Large Nylon Case
TESSCO
X
CCX7320R
Universal PDA Pouch
Magnadyne
X
NCCU4795Q
Targus Sport Netbook Bag
TESSCO
NTN2222MOT
Motorola Medium Yellow Rugged Universal Pouch
Motorola
CSU0066Q
Premier Black Satin Universal Pouch
Ever Win
CZB0854R
Rib Cage Shields (Base Colors) - Blackberry 8530
Technocel
CZB0855R
Rib Cage Shields (Fun Colors) - Blackberry 8530
Technocel
CZB5309R
Phone Cover Blackberry Style 9670
TESSCO
CZB9650R
Back Accent Shield - Blackberry 9650 Bold
Technocel
CZH0132R
Phone Cover (Pink/White) - HTC Evo Shift 4G
HTC
CZH0978R
Phone Cover (Blue/Black) - HTC EVO Shift 4G
HTC
CZH1980R
Black Silicone Gel - HTC Evo
HTC
CZH7412R
Purple Gel - HTC EVO
Fellowes
CZH8520R
Accent Shield - HTC Evo
Technocel
CZL0777R
Clear Ice Phone Cover - LG Lotus Elite (LX610)
Magnadyne
CZL1470R
Body Glove Phone Cover - LG Rumor Touch
Fellowes
CZL4211V
ECOClear Phone Cover - LG Remarq
TESSCO
CZL4400R
Phone Covers - LG Rumor Touch
Magnadyne
CZL6706R
Gels - LG Optimus S
Magnadyne
CZL7066R
Body Glove Phone Cover - LG Optimus S
Fellowes
CZP3579R
Body Glove Viper Series - Palm Pixi
Fellowes
CZS0057R
Clear Ice Phone Cover - Samsung Restore M570
Magnadyne
CZS0530R
Clear Ice Phone Cover - Samsung Seek
TESSCO
CZS0910R
Phone Covers - Samsung Intercept
Technocel
CZS2541R
Body Glove Phone Cover - Samsung Epic 4G
Fellowes
CZS2938R
Chrome Phone Cover - Samsung Transform
Technocel
CZS3190R
Body Glove Phone Cover - Samsung Intercept
Fellowes
CZS3636R
Clear Ice Phone Cover - Samsung M360
TESSCO
CZS5170R
Phone Covers - Samsung Restore M570
Magnadyne
CZS5550R
Phone Cover (Red/Black) - Samsung Epic 4G
Magnadyne
CZS6543R
Phone Covers - Samsung Moment
Technocel
CZS6842R
Phone Cover (Black) - Samsung Epic 4G
Magnadyne
CZS7689R
Textured Phone Cover - Samsung Transform
Technocel
X
X X
X
X
X
X
X X
X
X
X
CZY0192R
Clear Ice Phone Cover - Sanyo Vero
TESSCO
CZY6780R
Clear Ice Phone Cover - Sanyo Innuendo
TESSCO
HBX0395Q
Plantronics Explorer 395 Bluetooth® Headset
Plantronics
HBX1461Q
BlueAnt Q1 Voice Controlled Bluetooth Headset
Superior
Communications X X X X X
X X X
HBX2090Q
Jabra 2090 Bluetooth Headset
Jabra
X X X
Hands Free
X X X X
X X X X
X X X
HBX3130Q
Plantronics Voyager Pro Bluetooth Headset
Plantronics
X X X X X X X X X
HBX3140Q
Plantronics Voyager Pro Plus Bluetooth Headset
Plantronics
X X X X X X X X X
HBX3433Q
Jabra White Stone Bluetooth Headset
Jabra
X X X X
HBX4545Q
Motorola Endeavor HX1 Bluetooth Headset
Motorola
X X X X X X X X
HBX4550Q
Motorola Finiti Bluetooth Headset
Motorola
X X X X X X X X X
HHX3830
Push-To-Talk Earbud
Ever Win
X X X X X X X
HHX3830R
Walkie-Talkie Earbud
Ever Win
X X X X X X X
HRU3500R
Sprint 3.5mm Mono Wired Headset
Magnadyne
HRU3833R
Sprint Earbud
Ever Win
X X X X X X X
X
HHX0051R
Jabra C500 Behind-the-Ear Direct Connect Headset
Jabra
X X X X X X X
X
HHX0063Q
Jabra Wave Behind-the-Ear Wired Headset
Jabra
X X X X X X X X X
HPX2474Q
Jabra Rhythm Premium Corded Stereo Headset
Jabra
X
X
X
HPX2480R
Sprint Stereo Headset
Magnadyne
X
X
X X
SPJUWB01
JABRA Wave Boom Headset
Jabra
SPJUWBO02
JABRA Wave Boom Headset - Light Pink
Jabra
HMN3631
Noise Canceling Remote Speaker Microphone
Motorola
NNTN5208
Motorola Heavy Duty RSM
Motorola
NNTN5211
Motorola 2-Wire Surveillance Kit
Motorola
X X X
X
X
X
X
X X X X X X X
X
Car Kits
KCN2723
Professional Install Car Kit Cradle
Technocel
KCN2765
Motorola Car Kit Cradle
Motorola
X
KKN1765
Motorola Hard Install Car Kit Base
Motorola
KKN5311
Lockbox and Battery Eliminator Module-i335
Ever Win
X
TSS7664
Sprint Magnet Mount Antenna
TESSCO
X X
KPH6786Q
HTC Evo Car Upgrade Kit
HTC
KPX3175R
Sprint Portable Bluetooth Car Speakerphone
Ever Win
X X X X X X X X X
KPX3250Q
Motorola T325 Bluetooth In-Car Speakerphone
Motorola
X X X X X X X X X
KPX3950Q
Motorola Roadster Bluetooth car-kit with FM Transmitter
Motorola
X X X X X X X X X
KPX9792V
Universal Vehicle Mount
TESSCO
X X X X X X X
X
Data, Memory & Connectivity Solutions
MCN3765
Motorola USB Programming Cable - r765IS
Motorola
MCS2020
Samsung 20-Pin Charging Data Cable
Magnadyne
MCS9087Q
Samsung Galaxy Tab Data/Sync Cable
Samsung
MCX8842R
Micro-USB Charging Data Cable
Magnadyne
NNTN5405
Motorola USB Charging Data Cable
Motorola
NNTN6531
Mini-USB Synchronization Cable
Motorola
MKX2538Q
Freedom Pro Portable Bluetooth Keyboard
TESSCO
MBX5080
BlackBerry Bluetooth Smart Card Reader
TESSCO
SIMGU900CR
SIM Copier
Gemplus
X X
X X X X
X
X X
X
X X
X X X
MMU1030Q
SanDisk Mobile Ultra microSDHC 4GB Memory Card
TESSCO
X
X
X X
MMU1031Q
SanDisk 16GB Mobile Ultra MicroSD Card w/ reader
TESSCO
X
X
X X
MNX4848Q
Motorola CPEi25150 4G Fixed Modem
Motorola
MNX6585Q
Sprint 4G USB Device U1901
PCD
NMNU4794Q
Belkin Travel USB Hub
TESSCO
Customized
RLN5683
Motorola 2-Piece Phone Cover Merlot - i205
Motorola
ZCB8330R
Colored Phone Covers with Holster Clip
Technocel
ZCH0511R
Phone Covers - HTC Snap
Magnadyne
ZCH6277R
Body Glove Phone Cover
Fellowes
ZCH6900V
Screen Protectors - HTC Evo
Technocel
ZCH7733R
Silicone Gels - HTC Hero
Magnadyne
ZCH8022V
Screen Protectors - HTC EVO Shift 4G
Technocel
ZCL0370R
Body Glove Phone Cover - LG LX370
Fellowes
ZCL0666R
Clear Ice Phone Cover
Magnadyne
ZCM2920R
Clear Ice Phone Cover
Magnadyne
ZCP1098R
Phone Covers
TESSCO
ZCR5538R
Silicone Gels
TESSCO
ZCS0156R
Clear Ice Phone Cover - Samsung Reclaim
Magnadyne
ZCS0325R
Phone Cover/Silicone Gel Pack
Technocel
ZCS0630R
Body Glove Phone Covers - Clear Ice & Glove Black
Fellowes
ZCS6301Q
Screen Protectors - Samsung Galaxy Tab
Samsung
ZCS9510V
Screen Protectors - Samsung Epic 4G
Fellowes
ZCU1234V
Universal Screen Protectors
Fellowes
ZCY2700R
Clear Ice Phone Cover
TESSCO
ZCY6760R
Body Glove Phone Covers - Sanyo Incognito
Fellowes
PHO1200
Phone Labs Dock-n-Talk Cable Connector (iDEN)
Phone Labs
SST1901
Sprint 4G USB Performance Dock
TESSCO
EVE0008
Nextel Antenna Adapter
Ever Win
SSX4949
3G/4G External Data Card Antenna
Technocel
SSX6543
3G Data Card Antenna
Technocel
SSX6754Q
Wilson Sleek SignalBooster
TESSCO
SSX7025
Sierra Wireless 3G/4G Antenna
Sierra Wireless
X
X X X X X X X X X
In-Building Solutions
X
Antennas
X X
X
Multimedia and Entertainment
HBX0904Q
Plantronics BackBeat 903PLUS Bluetooth Stereo
Headphones with Mic
Plantronics
X X
HBX1274Q
Jabra HALO Corded and Bluetooth Stereo Headset
Jabra
X X
HBX7000Q
LG Stereo Bluetooth Headset HBS-700
TESSCO
X X
EVH1357Q
HTC Evo HDMI Video Dock
HTC
EVH4640
HDMI Cable (D-type to A-type connector)
Magnadyne
EVS3187Q
Samsung Multimedia Dock
Samsung
EVS5050
Samsung Video Out Cable
Samsung
EVS8412Q
Samsung Galaxy Tab HDMI Video and Multimedia Dock
Samsung
Note: The prices above are a sampling of Sprint accessories. WSCA Members will receive
20% off the retail price for corporate-liable accessories. The prices do not include applicable
taxes or fees.
X
X X X X X
X
X X
X
X
X
X
X
X
X
X
X
X X
X
X
X
X
X
i890
Motorola i1
Motorola Stature i9
r765is
Blackberry Curve 8530
Blackberry Curve 9330
BlackBerry Style 9670
BlackBerry Tour 9630
Dell Inspiron Mini 1010
HTC Evo
HTC Evo Shift 4G
HTC Hero
HTC Snap
HTC Touch Pro 2
LG Lotus Elite LX610
LG Lotus(LX600)
LG LX370
LG Optimus S (LS670)
LG Remarq
LG Rumor 2 (LX265)
LG Rumor Touch (LN510)
MOGUL (PPC-6800)
Palm Pixi
Palm Pre
Rumor (LX260)
Samsung Epic 4G
Samsung Exclaim
Samsung Instinct HD
Samsung Instinct s30
Samsung Intercept (M910)
Samsung Intrepid
Samsung M240
Samsung M330
Samsung M360
Samsung Reclaim (M560)
Samsung Restore (M570)
Samsung Seek
Samsung Transform (M920)
Sanyo Incognito
Sanyo Innuendo SCP-6780
Sanyo Taho E4100
Sanyo Vero
Sanyo Zio SCP-8600
Dell Inspiron Mini 1012
Franklin CDU-680
Franklin U300
Franklin U301
Merlin EX720
Merlin S720
Motorola Marconi Wifi
Novatel MiFi 2200
Novatel Mifi 4082
X
X
X
X
X
X
X
X
X
X
X
X X X X
X X X X X
X X X
X X X
X
X X X X X X X X X
X
X X
X X X X
X
X X
X X X X X X X
X X X X X X X X X X X X X X X X X X
X X
X
X X X X X
X X X X
X X X X X X X X X X X X X X X
X X X X X X X X X X X X X
X X X
X
X
X
X X
X X X X
X X
X X X X X X X
X X X
X X X X X X X X X X X X X X
X X
X X
X X X X
X X
X X X X X X X
X X X
X X X X X X X X X X X X X X
X X
X X
X
X X
X X X X X X X X X X
X X X
X X X X X X X X X X X X X
X X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X X X
X X X
X X X X X X X X X X X X
X X X
X X X X
X X X
X X X X
X X X
X X X
X X X
X X X X
X X
X X X X X X X X X X X X X X X X X X
X X
X X X X X X X X X X X X X X X
X X X
X X X X X X X X X X X X X X
X X
X X X
X X X
X X X X X X X X X X X X X X
X X X X X X X X X
X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X
X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X
X X
X
X
X
X
X X
X
X
X
X
X
X
X
X X
X
X
X
X
X
X X
X
X
X
X
X
X X
X
X
X
X
X X
X X X X
X
X
X
X X
X X
X
X
X X
X
X
X
X X X X
X
X X X X X
X X X
X X
X
X X
X
X X X X
X X X
X X X
X
X X X X X
X X
X
X
X X X X
X
X X X X X
X X X X
X X X X X
X
X
X X
X X
X X X X X
X X
X
X
X
X X
X X
X
X
X X
X X X X X
X X X
X X X
X
X
X X X
X X
X X
X X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X
X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X
X
X X X X X X
X X X X X
X X X X X X X X X X X
X
X X X X X X
X X X X X X X X X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X
X X X
X X X X X X X
X
X
X
X X
X X X X X X
X
X
X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X X X X X X
X X X X X X X X X X X X X X X X X X X X X X
X X X
X
X
X X X
X X
X X X X X X X X X X X
X X X X X X X
X X X X X
X
X X X X X X X X X X X X X X X X
X X X X X
X X X X X X X X X X X
X X X X X X
X X X
X
X
X
X X X X
X X X
X
X
X
X
X X X
X
X X
X X
X
X
X
X X X X
X
X X X X X
X X
X
X X X X
X
X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X X X X
X X X X X X X X X
X X X X X X X X X X X X
X X X X
X X
X X
X
X X X X
X X X X X X X X X
X X X X X X X X X X X X
X X X X X X X X X X
X
X
X
X
X
X X
X
X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X
X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X
X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X
X
X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X
X X X
X X X
X
X
X
X
X
X X X
X X X X
X X
X X
X X
X X X X X X X
X X
X X X
X X X X X X X X X X X X X X
X
X X X
X
X
X
X
X X
X X X
X X X X
X X X X X X X X X X X X
X X X X X X X
X X X X X X X X X X
X
X X X
X X X X
X X X X X
X X X X X X X
X X X X X X X X X X
X
X
X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X X X X X X X X
X X X X X X X X X X X
X X
X X X X X X X X X X X X X X X X X
X
X
X X
X X
X
X X X X
X X X X X X
X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X
X
X X X X
X X X X X X
X X
X X X
X X
X X X X
X X X X X X X
X
X X X X
X X X X X X
X X X X
X X X
X X X X
X X X X X X X
X
X X X X
X X X X X X
X X
X
X
X
X
X X
X X
X X
X
X X
X X X
Discounted Price
Novatel S620
Novatel U760
Ovation U720
Ovation U727
Overdrive 3G/4G Mobile Hotspot
Pantech PX-500
Samsung Galaxy Tab
Samsung N220 laptop
Sierra AC402
Sierra AC580
Sierra AC595
Sierra AC595U
Sierra AC-597E
Sierra Compass 597 USB Modem
Sprint 3G/4G USB Modem 250U
Sprint 4G USB Device U1901
Regular Retail Price
$44.99
$35.99
$44.99
$35.99
$59.99
$47.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$49.99
$39.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$44.99
$35.99
$69.99
$55.99
$59.99
$47.99
$59.99
$47.99
$44.99
$35.99
$44.99
$35.99
$54.99
$43.99
$79.99
$63.99
$49.99
$39.99
$49.99
$39.99
$49.99
$39.99
$49.99
$39.99
$59.99
$47.99
$49.99
$39.99
$49.99
$39.99
$49.99
$39.99
$59.99
$47.99
$124.99
$99.99
$26.99
$21.59
$26.99
$21.59
$26.99
$21.59
$14.99
$11.99
$14.99
$11.99
$29.99
$23.99
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$7.99
$6.39
$29.99
$23.99
X
$29.99
$23.99
$29.99
$23.99
$49.99
$39.99
$34.99
$27.99
$29.99
$23.99
$0.00
X
X
$34.99
$27.99
$29.99
$23.99
$49.99
$39.99
$34.99
$27.99
$34.99
$27.99
$88.99
$71.19
$34.99
$27.99
X
$34.99
$27.99
X
$36.99
$29.59
$34.99
$27.99
$24.99
$19.99
$19.99
$15.99
$34.99
$27.99
$39.99
$31.99
$64.99
$51.99
$54.99
$43.99
$79.99
$63.99
$49.99
$39.99
$494.99
$395.99
$149.99
$119.99
$19.99
$15.99
$14.99
$11.99
$59.99
$47.99
$39.99
$31.99
$39.99
$31.99
$19.99
$15.99
X
X
X
X
X
$9.99
$7.99
$9.99
$7.99
$14.99
$11.99
$11.99
$9.59
$39.99
$31.99
$21.99
$17.59
$19.99
$15.99
$21.99
$17.59
$19.99
$15.99
$7.49
$5.99
$24.99
$19.99
$14.99
$11.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$14.99
$11.99
$19.99
$15.99
$14.99
$11.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$14.99
$11.99
$12.99
$10.39
$49.99
$39.99
$34.99
$27.99
$29.99
$23.99
$24.99
$19.99
$49.99
$39.99
$34.99
$27.99
$29.99
$23.99
$29.99
$23.99
$29.99
$23.99
$4.99
$3.99
$7.99
$6.39
$7.99
$6.39
$19.99
$15.99
$49.99
$39.99
$29.99
$23.99
X
$69.99
$55.99
X
$39.99
$31.99
$29.99
$23.99
$34.99
$27.99
$29.99
$23.99
$29.99
$23.99
$29.99
$23.99
$24.99
$19.99
$34.99
$27.99
$14.99
$11.99
X
X
X
X
$19.99
$15.99
$19.99
$15.99
$34.99
$27.99
X
X
X
$12.99
$10.39
X
X
X
$12.99
$10.39
$29.99
$23.99
$29.99
$23.99
$39.99
$31.99
$24.99
$19.99
$34.99
$27.99
$24.99
$19.99
$19.99
$15.99
$19.99
$15.99
$24.99
$19.99
$12.99
$10.39
$19.99
$15.99
$19.99
$15.99
$14.99
$11.99
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$24.99
$19.99
$17.99
$14.39
$24.99
$19.99
$21.99
$17.59
$24.99
$19.99
$7.99
$6.39
$17.99
$14.39
$14.99
$11.99
$16.99
$13.59
$29.99
$23.99
$19.99
$15.99
$24.99
$19.99
$17.99
$14.39
$21.99
$17.59
$19.99
$15.99
$24.99
$19.99
$19.99
$15.99
$19.99
$15.99
$17.99
$14.39
$17.99
$14.39
X
$49.99
$39.99
X
$129.99
$103.99
X
$39.99
$31.99
X
$99.99
$79.99
X
$99.99
$79.99
X
$99.99
$79.99
$129.99
$103.99
$129.99
$103.99
$14.99
$11.99
$14.99
$11.99
$19.99
$15.99
$19.99
$15.99
$17.99
$14.39
X
$29.99
$23.99
X
$39.99
$31.99
X
$29.99
$23.99
$29.99
$23.99
$29.99
$23.99
$179.99
$143.99
$179.99
$143.99
$59.99
$47.99
X
X
$99.99
$79.99
$475.99
$380.79
$174.99
$139.99
$89.99
$71.99
$59.99
$47.99
$59.99
$47.99
X
$39.99
$31.99
X
$79.99
$63.99
X
$99.99
$79.99
$39.99
$31.99
$30.99
$24.79
$19.99
$15.99
$19.99
$15.99
$19.99
$15.99
$29.99
$23.99
X
X
$24.99
$19.99
$119.99
$95.99
$199.99
$159.99
$19.99
$15.99
X
X
$29.99
$23.99
X
X
$99.99
$79.99
$249.99
$199.99
$199.99
$159.99
$19.99
$15.99
X
X
X
X
X
X
X
X
X X
X
$19.99
$15.99
$17.99
$14.39
$16.99
$13.59
$24.99
$19.99
$14.99
$11.99
$19.99
$15.99
$14.99
$11.99
$19.99
$15.99
$14.99
$11.99
$7.99
$6.39
$29.99
$23.99
$19.99
$15.99
$14.99
$11.99
$9.99
$7.99
$29.99
$23.99
$24.99
$19.99
$17.99
$14.39
$11.99
$9.59
$14.99
$11.99
$19.99
$15.99
$19.99
$15.99
$59.99
$47.99
$11.99
$9.59
$99.99
$79.99
$34.99
$27.99
$129.99
$103.99
$34.99
$27.99
$99.99
$79.99
X
$99.99
$79.99
X
$69.99
$55.99
$39.99
$31.99
$29.99
$23.99
$39.99
$31.99
$29.99
$23.99
$49.99
$39.99
X
X
X
Tab I
Title Page
A. Part II – Cost Proposal for: “Wireless Voice Service, Wireless Broadband Service, Accessories
and Equipment”.
B. Band of Service: Wireless Voice Service, Wireless Broadband Service, and Accessories
and Equipment (Separate Tabs for Each Band per Amendment 2, Question #34)
C. RFP No:
1907
D. Name and Address of the vendor
E. Proposal Opening Date:
March 28, 2011 April 4, 2011
F. Proposal Opening Time:
2:00 PM
12502 Sunrise Valley Drive
Reston, VA 20196
March 29, 2011
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
Dear Ms. Smith:
Sprint Solutions, Inc. (“Sprint”) has reviewed State of Nevada Purchasing Division’s Request for
Proposals (“RFP”) for Wireless Voice Service, Wireless Broadband Service, Accessories and
Equipment. We understand that the State of Nevada is acting as the lead state for the Western States
Contracting Alliance (WSCA). We have a long standing relationship with WSCA and have a proven
track record of providing services to your members nationwide. Sprint is eager to continue to build on
our long-standing partnership and have provided this document in response to your need for Wireless
Voice Service (Band 1), Wireless Broadband Service (Band 2), and Accessories and Equipment (Band
3). Separate Tabs for each Band are included in this proposal per Amendment 2, Question #34.
By selecting Sprint, it will enable your WSCA members to benefit from a committed provider for
voice, wireless and Internet services that offers a package of tailored solutions and innovations such as
4G service. Sprint has a strong history of providing services to the public sector. We will continually
work to improve the degree of coverage, provide the highest caliber of service, and support newly
emerging data and technologies to present cost advantages and deliver better value to WSCA
members.
Sprint offers a robust suite of wireless productivity-enhancing technologies, such as wireless voice,
Mobile Broadband, E-mail/PIM, Mobile Business Applications and IP Convergence to empower
WSCA members’ employees to work securely and quickly from any location. WSCA members will
continue to benefit from comprehensive communication services through Sprint, leveraging our
integrated wireless platforms and applications.
Sprint carries a broad range of devices to address the variety of work environments in which WSCA
members’ employees operate. Our mobile devices come in a range of form factors, including Sprint
Connection Cards, 3G-embedded notebooks, handsets and smartphones. Versatile devices with a
variety of features and applications such as Java, GPS, Wi-Fi and Bluetooth offer a match for virtually
every customer. In addition, Sprint’s military specification rugged devices perform in extreme
outdoor conditions, and Sprint GPS and Java-enabled devices are key to hosting applications.
Standard accessories are packaged with Sprint handsets (e.g. battery and charger). Additional
accessories are also available that offer optimum convenience in using your Sprint device. Sprint
carries a full line of the latest technology accessories.
Under this new WSCA Master Agreement No. 1907, Sprint will offer WSCA members on CL
Accounts a 25% service pricing discount on standard retail rates on Sprint service plans and access to
custom NET priced WSCA plans designed specifically for WSCA members. These custom NET
WSCA plans are unique and more aggressively priced than nationally available rate plans. The
WSCA Master Agreement will also provide IL Accounts an 18% service discount off standard retail
rates on plans and waived activation fees for employees purchasing on individual-liable accounts.
The CL Account and IL Account service pricing discounts are subject to the specific responses as set
forth in Sprint’s Technical proposal and Sprint’s proposed contract terms and conditions. The CL
Account discount percentage may be reduced in Sprint’s discretion in accordance with Section 3.2.3 of
the Technical Proposal (and Sprint’s proposed modifications thereto) to net out Administrative Fees to
Participating Entities.
WSCA members on CL Accounts will receive Flat Rate Promotion Pricing on wireless devices, which
is at least 39% discount off the 1 year net price, defined as the suggested retail price less $75.00.
WSCA corporate-liable subscribers on CL Accounts will also have deeper discounts on certain
handsets. These WSCA Equipment Prices change periodically like Flat Rate Promotion Pricing. After
12 months of continuous service, WSCA members on CL Accounts may replace or upgrade their
devices and receive the Flat Rate Promotion Pricing (or WSCA Equipment Price if lower than Flat
Rate.) WSCA members on CL Accounts will also receive 20% off corporate-liable accessory
purchases.
Please contact your Client Executive, Gray Sigler at 775.450.2916 or via e-mail at
[email protected] if you have any questions. Sprint welcomes the opportunity to provide
additional information to WSCA regarding the products and services discussed within this document.
Sincerely,
Paget Alves
President, Business Markets Group
Sprint Solutions, Inc.
Western States Contracting Alliance
Table of Contents
TAB I TITLE PAGE ...................................................................................................... I TAB II COST PROPOSAL ............................................................................................. 1 BAND 1 COST PROPOSAL ....................................................................................................... 1 BUSINESS ESSENTIALS RATE PLANS ....................................................................................... 1 FLAT RATE PLAN $9 MRC ...................................................................................................... 1 FLAT RATE PLAN $15 MRC .................................................................................................... 2 CUSTOM 600 PLAN ................................................................................................................ 3 UNLIMITED VOICE PLAN .......................................................................................................... 3 EVERYTHING BUSINESS PLAN ................................................................................................. 3 CUSTOM BUNDLED VOICE & DATA BLACKBERRY PLANS .......................................................... 4 SPRINT CUSTOM BUNDLED VOICE & DATA PRO PACK PLANS .................................................. 4 EVERYTHING DATA PLANS ...................................................................................................... 5 MESSAGING ........................................................................................................................... 5 PREMIUM DATA ...................................................................................................................... 6 BUSINESS ADVANTAGE PLANS ................................................................................................ 6 BAND 2 COST PROPOSAL .................................................................................................. 9 CONNECTION CARD PLANS..................................................................................................... 9 EMBEDDED CONNECTION PLAN ............................................................................................ 11 TABLET PLAN ....................................................................................................................... 12 BAND 3 COST PROPOSAL ..................................................................................................... 13 TAB III ATTACHMENT B-2 ....................................................................................... 14 TAB IV OPTIONAL SERVICES ................................................................................... 50 EQUIPMENT PROTECTION PROGRAMS .................................................................................. 50 PRICING FOR WIRELESS PRIORITY SERVICE .......................................................................... 52 PRIORITY CONNECT PRICING ................................................................................................ 52 © 2011 Sprint. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its
relevant affiliates and may contain restricted, confidential or privileged materials intended for the sole use of the
intended recipient. Any review, use or distribution or disclosure is prohibited without authorization. SPRINT and
the logo are trademarks of Sprint. MOTOROLA and the Stylized M Logo are registered in the US Patent and
Trademark Office. Research In Motion, the RIM logo, BlackBerry, the BlackBerry logo and SureType are
registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries these and other marks of Research In Motion Limited are used with permission. Android, Google, the Google
logo and Android Market are trademarks of Google Inc. The HTC logo, and HTC EVO are the trademarks of
HTC Corporation. Other trademarks are the property of their respective owners.
Disclosure Statement – Sprint
This proposal is provided in response to requirements of WSCA and may include trade secrets or confidential,
proprietary or financial information that is exempt from disclosure under applicable law, and shall not be
duplicated, used, or disclosed - in whole or part - for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offer or as a result of - or in connection with - the submission of this data,
WSCA shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract.
This restriction does not limit WSCA’s right to use information contained in this data if it is obtained from another
source without restriction. The data subject to the restriction are contained on sheets annotated with a restrictive
legend.
Page i
Western States Contracting Alliance
Page ii
Western States Contracting Alliance
Tab II
Cost Proposal
Band 1 Cost Proposal
Vendor’s response for the cost proposal must be included in this tab.
Sprint has completed the Excel Worksheet as requested and has provided a hard copy following this
page and the excel file on CD. Below, we have provided verbiage explaining each proposed plan to
better demonstrate the features of each. Any plans listed with a “NET” Monthly Recurring Charge
(“MRC”) are plans that are unique and more aggressively priced than nationally available rate plans.
A NET price is defined as a MRC that is net of all service percentage discounts on standard retail rates
for rate plans and no additional discounts may be applied.
Business Essentials Rate Plans
The Sprint Business Essentials plans provide buckets of minutes which can be pooled across users on
an account. It also provides Unlimited Sprint Mobile-to-Mobile Calling and Unlimited Nationwide
Nextel Direct Connect including Group Connect. Cellular minutes pool across all tiers within a Sprint
Business Essentials account. With Sprint Mobile to Mobile Calling, WSCA members’ employees
receive unlimited minutes for calls between Sprint Phones. This is a valuable feature for employees
who often call other Sprint phones because Anytime Minutes are saved for other call types.
Sprint Business Essentials Rate Plans
Business Essentials
400
Business Essentials
1000
Business Essentials
1400
MRC
$39.99
$59.99
$79.99
Discounted MRC
$29.99
$44.99
$59.99
Anytime Minutes
400
1000
1400
Anytime Minutes Overage
$0.25/minute
$0.425/minute
$0.25/minute
Unlimited Nights & Weekends
Unlimited
Unlimited
Unlimited
Start at 7 pm
Sprint Mobile-to-Mobile
Unlimited
Unlimited
Unlimited
Direct Connect® and Group
Unlimited
Unlimited
Unlimited
Connect®
Pooled Anytime Minutes
Included
Included
Included
Nationwide Long Distance
Included
Included
Included
Caller ID &Voice Mail
Included
Included
Included
1. Please note the pricing above does not include applicable taxes or fees.
2. Roaming charges are included (not applicable to Nextel Network).
3. Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect
features, including, but not limited to, TalkgroupSM and International Direct ConnectSM, are available with
certain devices and may be subject to an additional charge.
Flat Rate Plan $9 MRC
This rate plan option is ideal for very low usage subscribers. Sprint will charge a Monthly
Recurring Charge (“MRC”) and a flat rate per-minute charge for each minute used. There are no
included plan minutes.
Flat Rate Plan $9
Monthly Recurring Charge (“MRC”)
Per-Minute Rate for all voice
minutes used including Anytime
Minutes, Nights & Weekends,
Nationwide Long Distance, Domestic Roaming, Long Distance and
Page 1
Price
$9.00 NET MRC; Service Pricing Discount
will not apply
$0.06
Western States Contracting Alliance
Sprint
Mobile-to-Mobile
Per Minute Rate for all Local
Walkie-Talkie Minutes
Minimum Average Billable Minutes
of Use per Corporate-Liable Active
Unit
Pooled Anytime Minutes
Caller ID & Voice Mail
Unlimited Mobile to Mobile
Unlimited Nights and Weekends beginning at 9PM
1.
2.
3.
$0.06
0
Not Available
Included
Included
Included
$10.00 NET of all discounts (not
Unlimited Push-To-Talk
combinable with any other version of
Unlimited Push-To-Talk)
Please note the prices above are net of all discounts, but do not include applicable taxes or fees.
Direct Connect and Group Connect are available on select devices, while supplies last. Additional Nextel
Direct Connect® features, including, but not limited to, TeamDC, are available with certain devices and may
be subject to an additional charge.
Customer may add one of the below text plans to units activated on the Flat Rate $9 Plan:
Messaging Plan
300 Messages
1000 Messages
Unlimited Messages
MRC
$1 NET OF ALL DISCOUNTS
$7 NET OF ALL DISCOUNTS
$12 NET OF ALL DISCOUNTS
Additional Messages
$0.20
$0.20
N/A
(1) Sprint reserves the right to move any line on this Flat Rate $9 Plan that has no
usage for three (3) consecutive months to the Sprint Business Essentials 400
plan.
Flat Rate Plan $15 MRC
This rate plan option is ideal for very low usage subscribers. Sprint will charge a Monthly Recurring
Charge (“MRC”) and a flat rate per-minute charge for each minute used. There are no included plan
minutes.
Flat Rate Business Plan $15
MRC
Price
$15.00 NET MRC; Service Pricing Discount will not
apply
$0.05/min
Not Available
Included
$0.25
Per Minute Rate for all voice minutes used
Pooled Anytime Minutes
Caller ID & Voicemail
Per minute rate for Voice or Walkie-Talkie while user is
traveling outside of the home state
Mobile to Mobile (will not apply when user is traveling
1000 minutes included
outside the home state)
Unlimited Nights & Weekends starting at 9PM (will not
1000 minutes included
apply when users is traveling outside the home state)
Unlimited Push-to-Talk (will not apply when user is
Included
traveling outside the home state)
1. Please note the price above is NET of all discounts, but does not include applicable taxes or fees.
2. Roaming Charges are included (not applicable to Nextel Network).
3. Direct Connect and Group Connect are available on select devices, while supplies last. Additional Nextel
Direct Connect® features, including, but not limited to, TeamDC, are available with certain devices and
may be subject to an additional charge.
Page 2
Western States Contracting Alliance
Custom 600 Plan
The plan below includes 600 anytime minutes, but they are not subject to pooling. These users will
also benefit from unlimited Direct Connect and Group Connect minutes. Valid for both Sprint and
Nextel users.
Custom 600 Plan
Price
MRC
$29.99 NET MRC; Service Pricing Discount will not apply
Anytime Minutes
600
Anytime Minutes Overage
$0.25/min
Pooled Anytime Minutes
N/A
Mobile to Mobile
600 MOU Included
Nights & Weekends Starting at 7
600 MOU Included
PM
Direct Connect and Group Connect
Unlimited
Nationwide Long Distance
Included
Caller ID & Voicemail
Included
1. Please note the price above is NET of all discounts, but does not include applicable taxes or
fees.
2. Roaming Charges are included (not applicable to Nextel Network).
3. Direct Connect and Group Connect are available on select devices, while supplies last.
Additional Nextel Direct Connect® features, including, but not limited to, TeamDC, are
available with certain devices and may be subject to an additional charge.
Unlimited Voice Plan
The rate plan below is ideal for users who require unlimited cellular minutes. These plans do not
include unlimited data or text messaging. Valid for both Sprint and Nextel users.
Unlimited Voice Plan
Price
$59.99 NET MRC; Service Pricing Discount will not apply
MRC
Anytime Minutes
Unlimited
Anytime Minutes Overage
N/A
Pooled Anytime Minutes
Not Available
Direct Connect and Group Connect
Unlimited
Sprint Mobile to Mobile
Unlimited
Nights and Weekends starting at 7pm
Unlimited
Nationwide Long Distance
Included
Caller ID & Voicemail
Included
1. Please note the price above is NET of all discounts, but does not include applicable taxes or fees.
2. Roaming Charges are included. (not applicable to Nextel Network)
3. Direct Connect and Group Connect are available on select devices, while supplies last. Additional
Nextel Direct Connect® features, including, but not limited to, TeamDC, are available with certain
devices and may be subject to an additional charge.
Everything Business Plan
The Everything Business Plan gives WSCA members a worry-free unlimited use plan with just the
features you need – talk, text, picture and video messaging, Direct Connect and Group Connect, web
browsing and mobile e-mail. With the Everything Business Plan, there is no need to worry about
tracking data or voice usage.
Everything Business Plan
MRC
Anytime Minutes
Anytime Minutes Overage
Direct Connect and Group Connect
Sprint Mobile to Mobile
Nights and Weekends at 7pm
Nationwide Long Distance
Caller ID & Voicemail
Price
$89.99 NET MRC; Service Pricing Discount will not apply
Unlimited
N/A
Unlimited
Unlimited
Unlimited
Included
Included
Page 3
Western States Contracting Alliance
Messaging (Text, MMS, Multimedia)
Unlimited
Data/Web, Mobile Email
Unlimited
Call Forwarding
Included
1. Please note this plan is NET of all discounts, but does not include applicable taxes or fees.
2. Does not include all Data or Mobile Email services (by way of example, Blackberry Enterprise Server (BES)
is not included
3. Pooled Anytime Minutes are not available.
4. Direct Connect and Group Connect are available on select devices, while supplies last. Additional Nextel
Direct Connect® features, including, but not limited to, TeamDC, are available with certain devices and may
be subject to an additional charge.
Custom Bundled Voice & Data BlackBerry Plans
This plan is ideal for users who require pooled anytime minutes, unlimited BlackBerry email and web
usage, and unlimited text messages.
Feature
MRC
Anytime Minutes
Anytime Minutes
Overage
Sprint Mobile-to-Mobile
Direct Connect and
Group Connect
Unlimited nights and
weekends
Pooled Anytime Minutes
(with Business
Essentials 7 PM plans)
Nationwide Long
Distance
Domestic Roaming
Custom Bundled 400
$49.99 NET MRC;
Service Pricing Discount
will not apply
400
$0.25/min
Custom Bundled 700
$59.99 NET MRC;
Service Pricing Discount
will not apply
700
$0.25/min
Custom Bundled 1000
$69.99 NET MRC;
Service Pricing Discount
will not apply
1000
$0.25/min
Included
Unlimited
Included
Unlimited
Included
Unlimited
Unlimited (starting at
7pm)
Included
Unlimited (starting at
7pm)
Included
Unlimited (starting at
7pm)
Included
Included
Included
Included
Included (no roaming on
Nextel)
Included
Included (no roaming on
Nextel)
Included
Included (no roaming on
Nextel)
Included
Unlimited
BlackBerry
Email & Web (without
Phone-as-Modem)
Unlimited Messages
Included
Included
Included
1. Please note the prices above are net of all discounts, but do not include applicable taxes or fees.
2. Direct Connect and Group Connect are available on select devices, while supplies last. Additional Nextel
Direct Connect® features, including, but not limited to, TeamDC, are available with certain devices and may
be subject to an additional charge.
3. Messaging add-ons include 2-way, 1-way, and/or MMS/Picture Mail, based on device capability. Additional
charges apply for international messaging.
Sprint Custom Bundled Voice & Data Pro Pack Plans
The Custom Bundled Voice & Data Plans below are for Smart Phone users who require pooled
anytime cellular minutes and the Pro Pack included. The Pro Pack includes messaging, unlimited data,
GPS navigation, and Email.
Feature
MRC
Anytime Minutes
Anytime Minutes
Overage
Sprint Mobile-to-Mobile
Unlimited nights and
Custom Bundled 400
$49.99 NET MRC;
Service Pricing Discount
will not apply
400
$0.25/min
Custom Bundled 700
$59.99 NET MRC;
Service Pricing Discount
will not apply
700
$0.25/min
Custom Bundled 1000
$69.99 NET MRC;
Service Pricing Discount
will not apply
1000
$0.25/min
Included
Included
Included
Included
Included
Included
Page 4
Western States Contracting Alliance
weekends starting at 7
PM
Pooled Anytime Minutes
(with Business
Essentials 7 PM plans)
Nationwide Long
Distance
Domestic Roaming
Included
Included
Included
Included
Included
Included
Included (not applicable to Included (not applicable to Included (not applicable to
Nextel Network)
Nextel Network)
Nextel Network)
PRO PACK
Included
Included
Included
Unlimited Messaging
Included
Included
Included
1. Please note the prices above are net of all discounts, but do not include applicable taxes or fees.
2. Wireless high speed data coverage is not available everywhere and requires a wireless high speed datacompatible phone. Where the wireless high speed data network is available and a wireless high speed datacompatible phone is used, Corporate-Liable Active Units will first attempt to connect to the wireless high
speed data network, and then will default to the Sprint Vision (1xRTT) network depending on coverage and
network availability.
3. Phone as Modem may be added to the Sprint PRO Pack for an additional $15 MRC (not applicable to Nextel
Network). The included email solution in the Sprint PRO Pack for Windows Mobile/Palm Devices is Microsoft
Direct Push technology via ActiveSyncSM or Versamail.
4. Messaging add-ons include 2-way, 1-way, and/or MMS/Picture Mail, based on device capability. Additional
charges apply for international messaging.
Everything Data Plans
The Everything Data Plans are ideal for users who require anytime cellular minutes, unlimited calls to
any mobile number (regardless of carrier), data, email and unlimited messaging.
Feature
Everything Data 450
Everything Data 900
MRC
$69.99
$89.99
Discounted MRC
$52.49
$67.49
Anytime Minutes
450
900
Anytime Minutes Overage
$0.45/min
$0.40/min
Any Mobile, Anytime
Included
Included
Unlimited nights and weekends
Unlimited (starting at 7pm)
Unlimited (starting at 7pm)
Shared Minutes
N/A
N/A
Nationwide Long Distance
Included
Included
Domestic Roaming
Included (no roaming on Nextel)
Included (no roaming on Nextel)
Data, Mobile Email & Messaging
Included
Included
GPS, Sprint Navigation
Included
Included
1. Please note the pricing above does not include applicable taxes or fees.
2. Does not include all Data services (by way of example, Blackberry Enterprise Server (BES) is not included).
Messaging
The plans below are valid for both Sprint and Nextel users provided they are not subscribed to the
Sprint or Nextel Flat Rate Business Plan. These add-ons can be added to a voice Business Plan.
Messaging Plan
NET MRC;
Additional Messages
Service Pricing Discount
will not apply
300 Messages
$0
$0.20
1000 Messages
$4
$0.20
Unlimited Messages
$7
N/A
1. Please note the prices above are NET of all discounts, but do not include applicable taxes or fees.
2. These options may be added to a Sprint voice Business Plan on a per-Corporate-Liable Active Unit basis for
the listed additional MRC, unless otherwise noted.
3. Messaging add-ons include 2-way, and/or 1-way, and/or MMS/Picture Mail, based on device capability.
Additional charges apply for international messaging.
Page 5
Western States Contracting Alliance
Premium Data
The following option is required to be added to a Sprint voice Business Plan on a per-Corporate-Liable
Active Unit basis for the listed additional MRC, unless otherwise noted.
Data Plan
MRC
Sprint Premium Data
$10*
* MRC is net of all discounts. Customer’s Service Pricing
Discount is not applicable.
1.
Sprint Premium Data requires an eligible Voice/Data bundled Business Plan or an eligible voice Business
Plan and an eligible Sprint Pro Pack. Sprint Premium Data is required on certain wireless devices including
but not limited to the HTC EVO 4G and Samsung Epic.
Business Advantage Plans
The Sprint Business Advantage Plans for corporate-liable business users deliver savings, value, and
the dependability WSCA members are looking for. Buckets of minutes from multiple plans can be
pooled across all employees on the same account. These plans pool with other Business Advantage
Talk, Messaging, and Messaging & Data subscribers on the same account. These plans do not pool
with Business Essentials or Custom plans.
Other key benefits of the Business Advantage family of rate plans include:
♦
♦
♦
♦
♦
♦
♦
Unlimited Nextel Direct Connect
Unlimited Group Connect
7pm Nights & Weekends.
Mobile to Mobile
Nationwide Long Distance
No Roaming charges
$0.25 per minute overage
Business Advantage Talk Plans
The Business Advantage Talk plans are ideal for users who require pooled anytime cellular minutes
and unlimited Direct Connect minutes.
Sprint Business Advantage Talk Plans
MRC
$39.99
$59.99
Discounted MRC
$29.99
$44.99
Anytime Minutes
Nights and Weekends
Pooled Anytime
Minutes (does not pool
with Business
Essentials)
Nextel Direct Connect
including Group
Connect
Sprint Mobile-to-Mobile
Calling
Overage
Long Distance
Roaming (not
applicable on Nextel
Network)
450
900
Unlimited beginning at 7
P.M.
Unlimited beginning at 7
P.M.
Included
Included
Unlimited
Unlimited
Unlimited
Unlimited
$0.25
$0.25
Included
Included
Included
Included
Page 6
Western States Contracting Alliance
Included
Included
Caller ID
Included
Included
1. Please note the pricing above does not include applicable taxes or fees.
2. Unlimited Messaging includes text, picture, and video messages based on device
capability
3. Direct Connect and Group Connect are available on select devices, while supplies last.
Additional Nextel Direct Connect® features, including, but not limited to, TeamDC, are
available with certain devices and may be subject to an additional charge.
Voicemail
Business Advantage Messaging Plans
The Business Advantage Talk plans are ideal for users who require pooled anytime cellular minutes,
unlimited Direct Connect minutes and unlimited messaging.
Sprint Business Advantage Messaging Plans
MRC
$49.99
$69.99
$109.99
Discounted MRC
$37.49
$52.49
$82.49
Anytime Minutes
Nights and Weekends
Pooled Anytime
Minutes (does not pool
with Business
Essentials)
Nextel Direct Connect
including Group
Connect
Sprint Mobile-to-Mobile
Calling
Overage
Long Distance
Roaming (not
applicable on Nextel
Network)
Voicemail
450
900
2000
Unlimited beginning at
7 P.M.
Unlimited beginning at
7 P.M.
Unlimited beginning at
7 P.M.
Included
Included
Included
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
$0.25
$0.25
$0.25
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Unlimited Messaging
Included
Included
Included
1. Please note the pricing above does not include applicable taxes or fees.
2. Unlimited Messaging includes text, picture, and video messages based on device capability
3. Direct Connect and Group Connect are available on select devices, while supplies last. Additional
Nextel Direct Connect® features, including, but not limited to, TeamDC, are available with certain
devices and may be subject to an additional charge.
Call ID
Page 7
Western States Contracting Alliance
Page 8
Western States Contracting Alliance
Band 2 Cost Proposal
Vendor’s response for the cost proposal must be included in this tab.
We have completed the Excel Worksheet as requested and have provided a hard copy following this
page and the excel file on CD. Below, we have provided verbiage explaining each proposed plan to
better demonstrate the features of each. These custom plans are unique and more aggressively priced
than national available rate plans.
Connection Card Plans
3G Connection Card Plan
Plan
Unlimited Plan (3G)
Voice Calls, including long distance (if card is applicable)
Additional data usage
Additional data Roaming usage above 300 MB
1.
2.
3.
Price
$37.99 NET MRC; Service Pricing
Discount will not apply
$0.20/min
N/A
$0.25 per MB
The pricing above is NET of all discounts, but does not include applicable taxes or fees.
All pricing and available MBs are the same whether Corporate-Liable Active Units use the Sprint EVDO
network or the Sprint 1xRTT network. EVDO coverage is not available everywhere and requires an EVDOcompatible connection card. Where the Sprint EVDO network is available and an EVDO-compatible
connection card is used, Corporate-Liable Active Units will first attempt to connect to the Sprint EVDO
network, then default to the Sprint 1xRTT network depending on coverage and network availability.
Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex
as posted to http://www.sprint.com/ratesandconditions.
Customer’s Connection Card pricing will be valid for Public Safety end users for the following modem types,
upon request and verification by Sprint that the proposed application involves a one-user, one-laptop invehicle use case and that streaming video is not to be used.
Airlink Raven
Airlink Raven X
Airlink Pinpoint
Airlink Pinpoint X
Sierra MP595 W
Sierra MP595
Bluetree BT-5600
Digi ConnectPort WAN VPN EV-DO Rev A
Digi ConnectPort WAN WiFi EV-DO Rev A
3G/4G Connection Card Plan
The 3G/4G Connection Plan provides both EVDO (using CDMA technology) and Sprint 4G data
functionality in certain coverage areas of the United States. Sprint 4G Network coverage is not
available everywhere and requires a Sprint 4G Network data-compatible connection card. Customer
may contact its Sprint Account Representative or visit www.sprint.com/coverage for current coverage
areas and applicable wireless devices. This Business Plan is only available to Customer Lines
domiciled in the United States.
Plan
Sprint 3G/4G Connection Plan
Usage Included
Additional data usage above 5GB
Page 9
Price
1
$37.99 NET MRC;
Service Pricing
Discount will not apply
Unlimited on Network
Not Applicable
Western States Contracting Alliance
Plan
Sprint 3G/4G Connection Plan
Additional data Roaming usage above 300 MB
1
Price
$37.99 1 NET MRC;
Service Pricing
Discount will not apply
$0.25 per MB2
MRC is net of all discounts. Customer’s Service Pricing Discount is not applicable.
2
If Customer’s data usage on the Sprint 3G Network and the Nationwide Sprint Network in a given month
exceeds 300 MB while Roaming, Customer will be liable for the overage charges set forth in the table above.
(1) The 3G/4G Connection Plan includes unlimited data usage on the Sprint 4G Network, the Sprint 3G Network,
and the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere and
requires a wireless high speed data-compatible device. Where the wireless high speed data network is
available and a wireless high speed data-compatible device is used, Corporate-Liable Active Units will first
attempt to connect to the Sprint 4G Network, then the Sprint 3G Network, and then will default to the
Nationwide Sprint Network depending on coverage and network availability.
(2) Roaming is not available on the Sprint 4G Network at this time.
(3) Premium Services content is not available with this Business Plan.
(4) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny,
terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the
prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to
protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services
are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar
messaging activities, and the non-continuous streaming of videos, downloading of files or on-line gaming.
Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through
continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting
services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous
active network connections to the Internet such as through a web camera or machine-to-machine
connections that do not involve active participation by a person; (c) to disrupt email use by others using
automated or manual routines, including, but not limited to, “auto-responders” or cancel bots or other similar
routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional
materials, “junk mail”, unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the
ability of other people or systems to use either Sprint’s Wireless Services or other parties’ Internet-based
resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or
individual user; (f) for an activity that connects any device to personal computers (including, but not limited to,
laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint
4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection
Device in excess of: (i) 5 GB/month in total, (ii) 300 MB/month while Roaming, or (iii) a majority of kilobytes
while Roaming; or (h) for any other reason that, in Sprint’s sole discretion, violates Sprint’s policy of providing
Service for individual use.
(5) Unless specifically stated otherwise, wireless Products on “unlimited” Business Plans are subject to the
prohibited network uses in this section. Other Business Plan options for these types of Applications are
available by contacting Customer’s Sprint Account Representative.
(6) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product
Annex.
(7) Sprint reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device
on the 3G/4G Unlimited for Acceptable Use Connection Plan if such Wireless Data Connection Device
exceeds 300 MB/month of usage while Roaming or engages in the following prohibited uses: server devices
or host computer Applications, including, but not limited to, continuous streaming video and Web camera
posts that broadcast more than 24 hours; automatic data feeds; automated continuous streaming machineto-machine connections; or peer-to-peer (P2P) file-sharing Applications broadcasting to multiple servers or
recipients such that they could enable "bots" or similar routines.
Page 10
Western States Contracting Alliance
Embedded Connection Plan
The 3G/4G Embedded Connection Plan provides both EVDO (using CDMA technology) and Sprint
4G data functionality in certain coverage areas of the United States. Sprint 4G Network coverage is
not available everywhere and requires a Sprint sold 4G Network data-compatible embedded
connection device. Customer may contact its Sprint Account Representative or visit
www.sprint.com/coverage for current coverage areas and applicable wireless devices. Sprint reserves the
right to limit the devices that can be used with this Business Plan. This Business Plan is only available
to Customer Lines domiciled in the United States.
Plan
5GB Embedded Connection Plan (3G/4G)—Direct Sales
Price
$42.991 NET MRC; Service Pricing
Discount will not apply
Additional data usage above 5GB
$0.05/MB2
Additional data roaming above 300MB
$0.25/MB2
Indirect sales agent (inclusive of BSP)
Not permitted
1. The pricing above is NET of all discounts, but does not include applicable taxes or fees.
2. If Customer’s data usage on the Sprint 3G Network and the Nationwide Sprint Network in a given month
exceeds 5 GB in total or 300 MB while Roaming, Customer will be liable for the overage charges set forth in
the table above. Customer may be liable for both overage charges if Customer’s usage in a given month
exceeds both 5 GB in total and 300 MB while Roaming.
3. The 3G/4G Embedded Connection Plan includes unlimited data usage on the Sprint 4G Network and up to 5
GB/month aggregate data usage on the Sprint 3G Network and the Nationwide Sprint Network. Wireless high
speed data coverage is not available everywhere and requires a wireless high speed data-compatible device.
Where the wireless high speed data network is available and a wireless high speed data-compatible device is
used, Corporate-Liable Active Units will first attempt to connect to the Sprint 4G Network, then the Sprint 3G
Network, and then will default to the Nationwide Sprint Network depending on coverage and network
availability.
4. Roaming is not available on the Sprint 4G Network at this time.
5. Premium Services content is not available with this Business Plan.
6. Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny,
terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the
prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to
protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services
are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar
messaging activities, and the non-continuous streaming of videos, downloading of files or on-line gaming.
Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through
continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting
services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous
active network connections to the Internet such as through a web camera or machine-to-machine
connections that do not involve active participation by a person; (c) to disrupt email use by others using
automated or manual routines, including, but not limited to, “auto-responders” or cancel bots or other similar
routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional
materials, “junk mail”, unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the
ability of other people or systems to use either Sprint’s Wireless Services or other parties’ Internet-based
resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or
individual user; (f) for an activity that connects any device to personal computers (including, but not limited to,
laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint
4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection
Device in excess of: (i) 5 GB/month in total, (ii) 300 MB/month while Roaming, or (iii) a majority of kilobytes
while Roaming; or (h) for any other reason that, in Sprint’s sole discretion, violates Sprint’s policy of providing
Service for individual use.
8. 7. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product
Annex as posted to http://www.sprint.com/ratesandconditions. Not eligible for use with standby plans.
Page 11
Western States Contracting Alliance
Tablet Plan
Plan
Price
$29.992 NET MRC; Service Pricing
Discount will not apply
Data Services Limitation in GB
2GB
Overage charge for additional data services usage above plan limit
$0.05/MB3
Data Roaming limitation in MB
100MB
Overage charge for additional data roaming usage above plan limit
$0.25 per MB
Messaging
Unlimited
1. The pricing above is NET of all discounts, but does not include applicable taxes or fees.
2. Not eligible for use with any standby plan.
3. If Customer’s data usage in a given month exceeds the plan limits set forth in the table above (2GB/100MB,
3GB/100MB or 5GB/300MB), then Customer will be liable for the overage charges set forth in the table
above. Customer may be liable for both data services overage charges and data Roaming overage charges
if Customer’s usage in a given month exceeds both plan limits in the table above (2GB/100MB, 3GB/100 MB
or 5GB/300MB).
4. All pricing and available MBs are the same whether Corporate-Liable Active Units use the Sprint 3G Network
or the Nationwide Sprint Network. Sprint 3G Network coverage is not available everywhere and requires an
EVDO-compatible data device. Where the Sprint 3G Network is available and an EVDO-compatible data
device is used, Corporate-Liable Active Units will first attempt to connect to the Sprint 3G Network, and then
default to the Nationwide Sprint Network depending on coverage and network availability.
5. Sprint reserves the right to limit throughput speeds or the amount of data transferred, and to deny, terminate,
modify, disconnect or suspend wireless data Service on the Sprint 3G Network and the Nationwide Sprint
Network, for Customer's Wireless Data Connection Devices with data usage exceeding the plan limits in the
table above (2GB/100MB or 5GB/300MB).
6. Unlimited Messaging includes text, picture, and video messages.
7. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex
as posted to http://www.sprint.com/ratesandconditions..
2GB Tablet Plan (3G)
Page 12
Western States Contracting Alliance
Band 3 Cost Proposal
Vendor’s response for the cost proposal must be included in this tab.
Device and Accessory pricing is provided following this page.
Page 13
Western States Contracting Alliance
Tab III
Attachment B-2
Cost Proposal Certification of Compliance with Terms and Conditions of RFP Vendors must
include the cost proposal Certification of Compliance with Terms and Conditions of RFP with
an original signature by an individual authorized to bind the organization within this section.
COST PROPOSAL CERTIFICATION OF COMPLIANCE
WITH TERMS AND CONDITIONS OF RFP
I have read, understand and agree to comply with the terms and conditions specified in this
Request for Proposal.
YES
_____ I agree to comply with the terms and conditions specified in this RFP.
NO
__X__ I do not agree to comply with the terms and conditions specified in this RFP.
In order for any exceptions and/or assumptions to be considered they MUST be documented in
detail in the tables below. The State will not accept additional exceptions and/or assumptions if
submitted after the proposal submission deadline. Vendors must be specific. Nonspecific
exceptions or assumptions may not be considered. If the exception or assumption requires a
change in the terms or wording of the contract, the scope of work, or any incorporated
documents, vendors must provide the specific language that is being proposed in the tables
below.
Sprint Solutions, Inc.
Company Name
________________________________________________________________________
Signature
Paget Alves, President, Business Markets Group
Print Name
March 22, 2011
Date
* See the specific responses, exceptions, assumptions and clarifications to RFP provisions as set forth in Sprint’s
proposal
Vendors MUST use the following format. Attach additional sheets if necessary.
EXCEPTION SUMMARY FORM
RFP Section
Number
RFP Page
Number
Exception
(Complete detail regarding exceptions must be provided)
Please see the page following this form.
ASSUMPTION SUMMARY FORM
RFP Section
Number
RFP Page
Number
Assumption
(Complete detail regarding assumptions must be provided)
Please see the page following this form.
Page 14
Western States Contracting Alliance
To the extent Sprint has clarified or taken exception to a RFP term or proposed additional terms not
addressed in the RFP, such comments have been included only after careful consideration of the
RFP requirements, Sprint’s corporate policies, and applicable law. Sprint has made a good faith
effort to respond to all RFP terms and requirements to the best of its ability and knowledge. The
absence of a response in relations to a particular provision indicates our acceptance of that
provision as it appears in the RFP. If Sprint is awarded the contract, Sprint will negotiate in good
faith to execute a definitive agreement for the products and services contemplated by the RFP that
will incorporate elements of the RFP, Sprint’s RFP responses, and any additional commercially
reasonable terms and conditions negotiated by the parties.
EXCEPTION SUMMARY FORM
RFP Section
Number
2
RFP Page
Number
5
2
6
2
6
2
6
2
6
2
8
Exception
(Complete detail regarding exceptions must be provided)
CL Account: Sprint respectfully takes exception to the definition of “CL
Account”. Sprint proposes the following revised definition in its place: CL
Accounts are accounts activated by Customer for Customer’s end use, (b)
enrolled in a wireless service plan intended for business customers, and (c)
for which Customer is financially liable.
Coverage: Sprint respectfully proposes the following clarification to this
definition:
Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in
any specific area at any specific time. Coverage shown on the coverage maps is
a general prediction of outdoor coverage, and does not guarantee that coverage
will be available at all covered geographic areas at all times. Wireless coverage
is impacted by, among other things, terrain, weather, antenna location, system
modification, foliage and man-made structures (such as buildings), and
therefore cannot be predicted precisely at all times.
Customer: Sprint has read and understands, and respectfully proposes the
following clarification to this definition:
“Customer” Department, Division or Agency of the State of Nevada,
participating NASPO/WSCA states, and authorized local entities, including
Eligible Non-Profit Entities. The terms “Customer” and “Participating
Entity” shall be interchangeable in this RFP.
Equipment: Sprint respectfully takes exception to this definition as being overly
broad and proposes the following alternative:
Equipment includes
equipment, hardware, software, cabling or other materials sold or leased to
Customer by or through Contractor as a separate item from, or bundled
with, a service.
IL Account: Sprint respectfully takes exception to the definition of “IL
Account”. Sprint proposes the following revised definition in its place: IL
Accounts are accounts activated by an employee of Customer and for
which the employee is financially responsible.
Subcontractor: Sprint respectfully proposes the following additional
clarifications regarding this definition: As additional clarification, Sprint does
not consider local exchange carriers to be Sprint subcontractors and will not be
responsible for the actions or inactions of access providers. In addition, Sprint
does not consider the State’s/Customer’s subcontractor requirements set forth in
the RFP or any resulting contract to be applicable to any agreements,
subcontracts or other business arrangements between Sprint and its Affiliates,
roaming partners, suppliers, subcontractors or any third-parties relating to the
provision of any Products or Services purchased or used by the State/Customer
Page 15
Western States Contracting Alliance
3.1.2
9
(collectively, “General Supply & Support Agreements”) where such General
Supply and Support Agreements were entered into for the purpose of providing
Products and Services to Sprint customers generally (as opposed to specifically
for the State).
Sprint respectfully takes exception to the definition of “Wireless Spend” as
being overly broad and inclusive of items not customarily considered in the
wireless industry to be part of this type of calculation. Sprint proposes the
following revised terms and definitions in its place:
‐ “Total Wireless Spend” The total dollar value of wireless services,
data and Equipment as invoiced by Contractor that are either (a)
paid by Customer on Customer’s CL Accounts; or (b) paid by end
user employees pursuant to IL Accounts in the Customer’s
employee program. Total Wireless Spend does not include
amounts invoiced by Contractor for: (i) taxes; and (ii) additional
regulatory fees, administrative charges; and charges, fees or
surcharges for the costs Sprint incurs in complying with
governmental programs; and (iii) credits and refunds.
In
addition, Total Wireless Spend will be calculated after all
discounts are taken into account and shall not include monthly
recurring charges or other charges which are not actually paid by
Customers or end users. The Total Wireless Spend calculation will
not include CL Accounts or IL Accounts that are in default for
non-payment.
‐
“CL Wireless Spend” The total dollar value of wireless services,
data and Equipment as invoiced by Contractor that are paid by
Customer on Customer’s CL Accounts. CL Wireless Spend does
not include amounts invoiced by Contractor for: (i) taxes; and (ii)
additional regulatory fees, administrative charges; and charges,
fees or surcharges for the costs Sprint incurs in complying with
governmental programs; and (iii) credits and refunds.
In
addition, CL Wireless Spend will be calculated after all discounts
are taken into account and shall not include monthly recurring
charges or other charges which are not actually paid by Customers
or end users. The CL Wireless Spend calculation will not include
CL Accounts that are in default for non-payment.
‐
3.2.1-3.2.2
10
“IL Wireless Spend” The total dollar value of wireless services,
data and Equipment as invoiced by Contractor that are paid by
end user employees pursuant to IL Accounts in the Customer’s
employee program. IL Wireless Spend does not include amounts
invoiced by Contractor for: (i) taxes; and (ii) additional regulatory
fees, administrative charges; and charges, fees or surcharges for
the costs Sprint incurs in complying with governmental programs;
and (iii) credits and refunds. In addition, IL Wireless Spend will
be calculated after all discounts are taken into account and shall
not include monthly recurring charges or other charges which are
not actually paid by end users. The IL Wireless Spend calculation
will not include IL Accounts that are in default for non-payment.
Sprint respectfully takes exception to these provisions to the extent it requires
Sprint to provide Most Favored Customer pricing.
Sprint recognizes
State’s/Customer’s buying power and strives to provide the most competitive
pricing available. However, offering true most favored customer pricing
presents several challenges for Sprint: (i) as a common carrier, Sprint is
prohibited by law from unreasonably discriminating between similarly situated
Page 16
Western States Contracting Alliance
3.2.3
10
customers; (ii) offering such pricing may trigger provisions in other Sprint
agreements compelling Sprint to provide credits or rebates to other customers or
categories of customers, which may not be commercially feasible, thereby
placing Sprint in breach or default; and (iii) providing most favored customer
pricing is against Sprint corporate policy. Sprint will continue to offer highly
competitive pricing and discounts for its services in a manner in which the
prices Sprint charges its customers for the same services are not unreasonably
dissimilar for similarly situated customers with like traffic patterns, volumes,
commitment levels and the like.
Sprint respectfully takes exception to the eligibility and methodology of
administrative fees for WSCA and non-WSCA States, and Sprint proposes the
following alternative structure:
3.2.3.1 The Contractor(s) shall report contract utilization and pay an
administrative fee of 1/10th of 1% (one-tenth of one percent) of the
Ttotal Wwireless Sspend to WSCA (“WSCA Admin Fee”), paid
quarterly. The WSCA directors approved the level of the WSCA
administration fee, and the fee is not negotiable. The WSCA
administrative fee is to be paid quarterly within 60 days of the end of the
quarter (See Attachment G for Reporting Schedule). If Contractor
overpays the WSCA admin fee for any quarter, then Contractor
shall be permitted to reduce any future WSCA admin fee payments
by the incorrect amount. Contractor’s obligation to pay the WSCA
administrative fee terminates upon the expiration or earlier
termination of the WSCA Agreement.
3.2.3.2 In addition to the WSCA administrative fee, some WSCA and nonWSCA states may require that a fee (“State Admin Fee”) be paid
directly to the state on a percentage of CL Wireless Spend purchases
made by procuring entities within that state pursuant to such state’s
Participating Addendum. Any such State Admin Fee shall be
related to a State’s administrative expenses in administering the
Participating Addendum and shall not be deemed a discount or
rebate. For all such requests, the percentage fee level (which in no
event shall exceed 1% of CL Wireless Spend), payment method and
schedule for such reports and payments shall be incorporated in a
Participating Addendum that is made a part of the contracts. The
Contractor(s) may reduce adjust the CL service discounts SES
pricing accordingly by the State Admin Fee percentage for purchases
made by procuring agencies within the jurisdiction of the state. Any
such CL service discount price reduction adjustment shall not exceed
the State Admin Fee percentage dollar value of the additional fee. If
Contractor overpays the State Admin Fee for any quarter, then
Contractor shall be permitted to reduce any future State Admin Fee
payments by the incorrect amount. Contractor’s obligation to pay a
State Admin Fee terminates if: (1) the Participating Addendum has
expired; or (2) the Participating Addendum has been terminated
(before expiration) by either party. All such agreements shall have no
effect whatsoever on the WSCA fee or on the prices paid by the
procuring agencies outside the jurisdiction of the state requesting the
additional fee.
3.2.3.3 At Contractor’s discretion, administrative fees may be permitted
for participating government entities/government Customers that
are not States (“Local Government Admin Fee”) that sign a
Participating Addendum, subject to the requirements of this Section
Page 17
Western States Contracting Alliance
3.2.4
10
3.2.5
10
3.2.7
11
3.1.2, on a percentage of CL Wireless Spend made by procuring
entities within that local government entity’s jurisdiction pursuant
to such local government entity’s Participating Addendum. Any
such Local Government Admin Fee shall be related to a local
government entity’s administrative expenses in administering the
Participating Addendum and shall not be deemed a discount or
rebate. For all such requests, the fee level percentage (which in no
event shall exceed 1% of CL Wireless Spend), payment method and
schedule for such reports and payments shall be incorporated in a
Participating Addendum. The Contractor(s) may reduceadjust the
CL service discountsSES pricing accordingly by the State Admin
Fee percentage for purchases made by procuring agencies within
the jurisdiction of the Local Government entity. Any such CL
service discountprice reductionadjustment shall not exceed the
Local Government Admin Fee percentagedollar value of the
additional fee. If Contractor overpays the Local Government
Admin Fee for any quarter, then Contractor shall be permitted to
reduce any future Local Government Admin Fee payments by the
incorrect amount. Contractor’s obligation to pay a Local
Government Admin Fee terminates if: (1) the Participating
Addendum has expired; or (2) the Participating Addendum has
been terminated (before expiration) by either party. All such
agreements shall have no effect whatsoever on the WSCA fee or on
the prices paid by the procuring agencies outside the jurisdiction of
the state requesting the additional fee.
Sprint respectfully takes exception to the term “rebated” and requests that it be
deleted and replaced with the word “paid.” The administration fees are not
discounts or rebates.
Sprint respectfully takes exception to the last sentence of this provision and,
based on Sprint’s proposed edits/clarifications to Section 3.2.3, proposes the
following revised language:
“IL Wireless Spend will be subject to reporting requirements and to the
required WSCA administrative fee of one tenth (1/10) of one percent, and
will be reported as outlined in this RFP.”
Sprint has read, understands and will comply, subject to the following
clarifications:
- Contractor agrees that the relevant books, records (written, electronic,
computer related or otherwise), including, without limitation, relevant
accounting procedures and practices of Contractor or its subcontractors,
financial statements and supporting documentation, and documentation
related to the work product shall be subject, during Contractor’s normal
business hours, to inspection, examination, review, audit, and copying at
any office or location of Contractor where such records may be found,
upon reasonable prior written notice by WSCA, the United States
Government, the State Auditor or its contracted examiners, the
Department of Administration, Budget Division, the Nevada State Attorney
General's Office or its Fraud Control Units, the State Legislative Auditor,
and with regard to any federal funding, the relevant federal agency, the
Comptroller General, the General Accounting Office, the Office of the
Inspector General, or any of their authorized representatives (collectively,
“Auditors”). All subcontracts shall reflect requirements of this paragraph.
Further, due to the highly sensitive and proprietary nature of Contractor’s
records, any third party auditor acting on behalf of one or more of the
Auditors shall be subject to prior approval by Contractor and may be
required at Contractor’s sole discretion to execute Contractor’s standard
Page 18
Western States Contracting Alliance
3.3.4
3.3.5,
3.3.7
12
3.3.6,
12
3.5.1
12
3.5.6-3.5.12
13
non-disclosure agreement prior to examining, inspecting, copying or
auditing Contractor’s records. Lead State and Participating Entities may
request an audit once during every contract year.
Sprint respectfully proposes the following clarifications regarding additional,
modified or custom reporting requests or formats:
- Sprint requests 60 day notification of any format changes to reporting that has
been previously agreed upon with State/Customer. Sprint reserves the right to
not deliver retroactive reporting in formats later agreed upon by Sprint and the
State/Customer. Notwithstanding anything in the RFP or Sprint’s Proposal to
the contrary, Sprint shall not be obligated to provide any custom reports that
Sprint determines in its discretion are impractical or unduly burdensome to
Sprint from an operational, financial or system limitation basis.
Sprint can provide equipment purchase summaries to specific entities. Fields,
such as “Order Number”, “Customer PO Number”, “Order Type”, and “PO
Date” may not be available at the account level, as we have thousands of
WSCA member accounts. Not all eligible entities have the same fields
populated on their invoices due to system limitations of eligible entities and/or
internal procedures of the respective parties.
The following fields require further clarification as to what information is
required before we can provide feedback on their availability at the PA level
and account level: “UNSPSC Commodity”, “VAR/Reseller/Distributor
NAME”, and “Recycling”.
The following fields are only available at the PA level: “CRU Minutes”, “CRU
Lines”, “CRU Gross Sales”, “IRU Minutes”, and “IRU Lines”.
Each Member’s Sprint Account Team will work with them to identify any
requested changes from the current reporting we currently provide them today
or new reporting needed for new members.
Sprint respectfully proposes the following clarifications regarding additional,
modified or custom reporting requests or formats:
- Sprint requests 60 day notification of any format changes to reporting that has
been previously agreed upon with State/Customer. Sprint reserves the right to
not deliver retroactive reporting in formats later agreed upon by Sprint and the
State/Customer. Notwithstanding anything in the RFP or Sprint’s Proposal to
the contrary, Sprint shall not be obligated to provide any custom reports that
Sprint determines in its discretion are impractical or unduly burdensome to
Sprint from an operational, financial or system limitation basis.
Sprint respectfully takes exception to this requirement to the extent it requires
Sprint to provide Most Favored Customer pricing. Sprint has offered pricing
that it believes meets State’s/Customer's requirements; however, Sprint does not
offer Most Favored Customer clauses in its contracts. Sprint believes its
response is competitive now and will be for the term of any contract resulting
from this proposal. Sprint will continue to offer highly competitive pricing and
discounts for its services in a manner in which the prices Sprint charges its
customers for the same services are not unreasonably dissimilar for similarly
situated customers with like traffic patterns, volumes, commitment levels and
the like.
Sprint respectfully proposes the following clarification relating to coverage:
Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in
any specific area at any specific time. Coverage shown on the coverage maps is
a general prediction of outdoor coverage, and does not guarantee that coverage
will be available at all covered geographic areas at all times. Wireless coverage
is impacted by, among other things, terrain, weather, antenna location, system
modification, foliage and man-made structures (such as buildings), and
therefore cannot be predicted precisely at all times. Any custom in-building or
Page 19
Western States Contracting Alliance
3.5.11
13
3.5.15
14
3.5.17
14
4.1.6
19
4.1.7
20
6.1
22
on-campus coverage solutions provided by our Custom Network Solutions
(CNS) group will require a separate agreement outside of the WSCA Master
Agreement.
Sprint respectfully takes exception to this requirement. In the event of
scheduled network maintenance, Sprint shall make commercially reasonable
efforts to notify Customer in advance of the area(s) that could be potentially
affected by such maintenance. Sprint does not guarantee that network
maintenance or other environmental conditions necessitating maintenance will
be known or are knowable in advance and, therefore, Sprint cannot guarantee
that Customer will be notified within twenty-four (24) hours of such
maintenance. Sprint shall make commercially reasonable efforts to provide
Customer with advance notification of major planned network element
maintenance.
Sprint respectfully provides the following additional clarification regarding this
Section:
Sprint, as determined in its sole discretion, may discontinue any Product or
Service. Sprint shall provide Customer with at least six (6) months prior
notice of its intention to discontinue any such Products or Services.
Sprint does not manufacture equipment and offers no warranty on any
equipment beyond the manufacturer’s warranty provided directly from the
manufacturer to the Customer upon receipt of the equipment. Sprint products
and services are provided “as is.” Sprint disclaims all express or implied
warranties and in particular disclaims all warranties of merchantability, fitness
for a particular purpose, and warranties related to equipment, material, services,
or software.
Sprint certifies, to the best of Sprint’s actual knowledge, that none of vendor’s
employees is employed by the State of Nevada any of its political subdivisions
or by any other government involved in the performance of the contractual
services resulting from this RFP. However, Sprint is a publicly traded company
with approximately 40,000 employees, and Sprint has no mechanism to
accurately or effectively track such information.
As a publicly traded company that is party to thousands of commercial,
consumer and government contracts with its customers, suppliers and
competitors, Sprint is involved in litigation, investigations and contract disputes
at all times due to the number of its customers, suppliers and competitors, and
the nature of the services it provides. Consequently, State’s request for Sprint
to compile a list or provide details regarding prior or ongoing contract failures,
contract breaches, civil or criminal litigation or investigations, ongoing or
occurring during the past six years, is an extremely arduous, burdensome and
time-consuming task, and Sprint has no mechanism to track some of the
requested information. Although Sprint is unable to provide such information,
Sprint can declare that: (i) during the past six years it has not had a termination
for default under a contract with a government entity; (ii) Sprint is not currently
suspended or debarred by any government agency nor has it been during the
past six years; and (iii) Sprint is not aware of any past or ongoing action that
would, if successful, have a material adverse impact on Sprint’s ability to
perform under the terms of the RFP. As a public corporation, Sprint is required
to fully disclose material data and relevant information that may influence
investment decisions to all investors at the same time. Sprint does not provide
detailed information on litigation except through its securities filings. Please
refer to Sprint's Annual Report on Form 10-K/A, available on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec
for
a
description of certain litigation or claims.
Sprint respectfully takes exception to this requirement and proposes the
following alternative:
Page 20
Western States Contracting Alliance
10.2
33
- Payment for completion of a contract is normally made within thirty (30)
days following the date the entire order is delivered or the date a correct
invoice is received, whichever is later. After forty-five (45) days the
Contractor may assess overdue account charges up to a maximum rate of
one (1) percent per month on the outstanding balance. Payments will be
remitted by mail. Payments may be made via a Participating State’s
“Purchasing Card.”
(a)
Invoicing.
A.
Commencement of Invoicing. Sprint may begin invoicing
Customer in full for non-recurring and recurring charges on the date the
Products or Services are installed or delivered and made available.
B.
Delays. If Sprint cannot install or make available the Product or
Service by the delivery date specified in the Order due to a Customercaused delay, Sprint may bill Customer as of the delivery date specified in
the Order, or if no date is specified, any time 30 days or more after the
Effective Date.
C.
Timing. In general, for recurring Services, Sprint bills fixed
recurring Service charges in advance and usage-based charges in arrears.
(b)
Payment Terms. Sprint will invoice Customer, and Customer will
pay Sprint, in United States dollars (USD), unless otherwise mutually
agreed in writing by the parties. Payment terms are net 30 days from the
date of invoice receipt. Invoices are deemed to have been received within 5
days of the invoice date. If Customer fails to make payment within 15 days
of receiving Sprint’s written notice of nonpayment, Sprint reserves the
right to charge a late fee (up to the maximum allowed by law) or take other
action to compel payment of past due amounts, including suspension or
termination of Service, unless prohibited by applicable law. Customer may
not offset credits owed to Customer on one account against payments due
on the same or another account without Sprint’s written consent. Sprint’s
acceptance of late or partial payments is not a waiver of its right to collect
the full amount due. Customer’s payment obligations include late charges
and third party collection costs incurred by Sprint, including but not
limited to reasonable attorneys’ fees, if Customer fails to cure its breach of
these payment terms. If Customer elects to participate in the Preferred
Pay Program, Customer will remit payment using cash, check, or
electronic funds transfer.
(c)
Disputed Charges. If Customer disputes a charge in good faith,
Customer may withhold payment of that charge if Customer (A) makes
timely payment of all undisputed charges; and (B) within 30 days of the
due date, provides Sprint with a written explanation of Customer’s reasons
for disputing the charge. Customer must cooperate with Sprint to resolve
promptly any disputed charge. If Sprint determines, in good faith, that the
disputed charge is valid, Sprint will notify Customer and, within 5 business
days of receiving notice, Customer must pay the charge or invoke the
dispute resolution process in this Agreement. If Sprint determines in good
faith, that the disputed charge is invalid, Sprint will credit Customer for
the invalid charge.
(d)
Repayment of Credits or Waived Charges. If, before the end of the
Term, Sprint terminates an Order, a Service or the Agreement due to
Customer’s material breach, or Customer terminates a Service or the
Agreement (unless due to Sprint’s material breach), Customer will repay
Sprint a pro rata portion of any credits issued or charges waived, based
upon the number of months remaining in the Term at the time of
termination.
Sprint respectfully takes exception to the requirement that the evaluation
committee be permitted to contact any current users of a vendor’s services as
Page 21
Western States Contracting Alliance
10.3
33
11.1.15
35
11.1.17
35
this requirement is overly-broad. Sprint respectfully requests that the
committee limit the right to contact Sprint’s customers to the list of reference
clients provided by Sprint in its Proposal. Sprint is a publicly traded company
and is party to thousands of commercial, consumer and government contracts
with its customers, suppliers and competitors. Sprint contracts may prohibit or
restrict disclosure of Sprint’s relationship with certain customer and may
prohibit or restrict contacts by third parties. The committee may contact any of
Sprint’s listed reference customers.
As a publicly traded company that is party to thousands of commercial,
consumer and government contracts with its customers, suppliers and
competitors, Sprint is involved in litigation, investigations and contract disputes
at all times due to the number of its customers, suppliers and competitors, and
the nature of the services it provides. Consequently, State’s request for Sprint
to compile a list or provide details regarding prior or ongoing contract failures,
contract breaches, civil or criminal litigation or investigations, ongoing or
occurring during the past six years, is an extremely arduous, burdensome and
time-consuming task, and Sprint has no mechanism to track some of the
requested information. Although Sprint is unable to provide such information,
Sprint can declare that: (i) during the past six years it has not had a termination
for default under a contract with a government entity; (ii) Sprint is not currently
suspended or debarred by any government agency nor has it been during the
past six years; and (iii) Sprint is not aware of any past or ongoing action that
would, if successful, have a material adverse impact on Sprint’s ability to
perform under the terms of the RFP. As a public corporation, Sprint is required
to fully disclose material data and relevant information that may influence
investment decisions to all investors at the same time. Sprint does not provide
detailed information on litigation except through its securities filings. Please
refer to Sprint's Annual Report on Form 10-K/A, available on
http://investors.sprint.com/phoenix.zhtml?c=127149&p=irol-sec
for
a
description of certain litigation or claims.
Sprint respectfully takes exception to the first sentence of this sentence as not
being an accurate statement regarding Sprint’s proposed discounts and pricing.
The rates and discounts identified in the pricing Schedules in Attachment BB
will remain fixed for the Term (unless stated otherwise in the applicable
Schedule or elsewhere in Sprint’s Response). Rates and discounts not fixed in
the pricing Schedules will be based on the then-current list price at the time of
purchase, less the Service Pricing Discount. The percentage discount is fixed
for the term of the Contract, but Contractor may modify the underlying rate or
list price to which the percentage discount is applied on no less than one day’s
notice. Service Pricing Discounts are subject to the terms and conditions in
Sprint’s Response and Sprint’s Additional Terms and Conditions contained the
proposed Attachment CC to the Statewide Master Service Agreement, and may
be subject to adjustment due to Administrative Fees in accordance with
Contractor’s response in Section 3.2.3 of Sprint’s Response.
Sprint respectfully takes exception to the first sentence of this Section and
proposes the following clarification: Sprint’s proposal may contain information
marked as “Sprint Proprietary and Confidential Information.”
Such
Confidential Information may include, but is not limited to, products, materials,
tools, and methodologies that are proprietary to Sprint. Such Confidential
Information may constitute “trade secrets” within the meaning of the applicable
law. The State shall protect such Confidential Information to the fullest extent
possible pursuant to such applicable law and shall not publish, duplicate, use
and disclose such Confidential information except as may be required by law.
The State shall use such Confidential Information only for the evaluation of
Sprint’s proposal and for no other purpose. All intellectual property rights in
Page 22
Western States Contracting Alliance
11.2
35
11.2.5
36
11.2.8
36
11.3.2.1
37
11.3.4
38
Attachment D
44
Sprint’s proposal materials or accompanying documentation remain in and/or
are assigned to Sprint.
We have provided our exceptions to contract terms & conditions on the page
following this under “Attachment D” on page 12.
Sprint will recognize and honor all validly and properly issued and executed tax
exemption certificates delivered by the State/Customer and will not bill the
State/Customer for any such exempted taxes. Sprint's rates and charges for
products and services do not include taxes. The State/Customer will pay all
applicable taxes for which it does not hold a valid tax exemption, including, but
not limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, State/Customer, national taxes or assessments imposed on or based
upon the provision, sale or use of products and services. Notwithstanding any
other provision of the Agreement, if the State/Customer's jurisdiction requires
the State/Customer to deduct or withhold separate taxes from any amount due to
Sprint, the State/Customer must notify Sprint in writing. Sprint will then
increase the gross amount of the State/Customer's invoice so that, after the
State/Customer's deduction or withholding for taxes, the net amount paid to
Sprint will not be less than the amount Sprint would have received but for the
deduction or withholding.
Sprint has read and understands, and respectfully proposes the following
clarification to this provision: All Participating Entities, including, but not
limited to, “Local Governments,” are intended third party beneficiaries of
any contract resulting from this RFP.
Sprint respectfully provides the following additional clarification regarding this
Section:
Sprint, as determined in its sole discretion, may discontinue any Product or
Service. Sprint shall provide Customer with at least six (6) months prior
notice of its intention to discontinue any such Products or Services.
Sprint respectfully takes exception this provision in its entirety. Inspection shall
be in accordance with the terms of the WSCA MSA Contract Form, as modified
by Sprint’s proposed exceptions.
To the extent Sprint has clarified or taken exception to a RFP term or proposed
additional terms not addressed in the RFP, such comments have been included
only after careful consideration of the RFP requirements, Sprint’s corporate
policies, and applicable law. Sprint has made a good faith effort to respond to
all RFP terms and requirements to the best of its ability and knowledge. The
absence of a response in relations to a particular provision indicates our
acceptance of that provision as it appears in the RFP. If Sprint is awarded the
contract, Sprint will negotiate in good faith to execute a definitive agreement for
the products and services contemplated by the RFP that will incorporate
elements of the RFP, Sprint’s RFP responses, and any additional commercially
reasonable terms and conditions negotiated by the parties.
Independent Contractor entity name: - Sprint’s contracting name shall be as
follows:
Sprint Solutions, Inc.,
as contracting agent for the affiliated Sprint and Nextel entities providing the
Products and Services
12502 Sunrise Valley Drive
Reston, VA 20196
Preamble/2nd paragraph Sprint respectfully proposes adding the following
sentence at the end of this section for the purpose of clarifying that in addition
to participation by political subdivisions of WSCA Participating States, Eligible
Page 23
Western States Contracting Alliance
Non-Profit Entities may participate in the WSCA cooperative group contracting
consortium. “WSCA also allows participation by Eligible Non-Profit
Entities, subject to the terms and conditions herein.”
2. DEFINITIONS. Sprint respectfully takes exception to the definition of
“Buyer” and proposes the following alternative definition:
“Buyer” means any Participating Entity (including the Lead State, any
WSCA agency or political subdivision or any Eligible Non-profit Entity
participating under this contract, either by signing a Participating
Addendum or by being an authorized purchaser under another entity’s
Participating Addendum.
Sprint also proposes the following definition of “Eligible Non-Profit Entity”:
“Eligible Non-Profit Entity(ies)” means an entity that receives funding
support through the allocation of appropriated funds, and whose primary
source of funding is not through fee-based services, that is : (i) a non-profit
private primary or secondary education entity (K-12); (ii) a non-profit
healthcare entity; or (iii) a public safety entity that provides a
governmental function or service.
Notwithstanding the foregoing,
participation by non-profit entities under a state or local government’s
Participating Addendum shall be subject to applicable state law, which
may expand or narrow (or bar completely) the use of the applicable
Participating Addendum by non-profit entities. In such situations, in the
event this definition of Eligible Non-Profit Entity conflicts with applicable
state law, the state law definition and/or eligibility standards for use of the
Participating Addendum shall control.
4. CANCELLATION OF CONTRACT; NOTICE. – Sprint respectfully
proposes clarifying this heading by inserting the words “FOR
CONVENIENCE” after the word “CONTRACT” to reflect that this
cancellation clause only applies to termination of the contract for convenience
and not terminations due to a party’s default or other contingencies, which are
addressed in Section 21 of the Contract.
4. CANCELLATION OF CONTRACT; NOTICE. – Sprint respectfully
requests that the following edits be made to this Section to clarify the parties’
respective rights, to reflect that a separate termination section (21) exists and to
add the missing Notice provision. In addition, Sprint does not agree that the
Contract can be canceled in part.
(a) Cancellation. Unless otherwise stated in the special terms and conditions,
any contract entered into as a result of the Solicitation may be canceled by
either party upon written notice sixty (60) days prior to the effective date of the
cancellation. Further, any Participating State may cancel its participation upon
thirty (30) days written notice, unless otherwise limited or stated in the special
terms and conditions of the Solicitation. Cancellation may be in whole or in
part. Any cancellation under this provision shall not effect the rights and
obligations attending orders outstanding at the time of cancellation, including
any right of any Participating EntityState to indemnification by the Contractor,
Contractor’s rights of payment for goods/services delivered and accepted, and
each party’s rights attending any warranty or default in performance in
association with any order. Cancellation of the contract due to Contractor
default shall be in accordance with Section 21 hereinmay be immediate.
(b) Notice. All notices must be in writing Notices required under this
Agreement must be submitted in writing to the party’s address for notice
Page 24
Western States Contracting Alliance
listed in this Agreement or an Order and, in the case of a dispute, notices
must also be sent to:
Sprint:
Attn: Legal Dept. – Public Sector
12502 Sunrise Valley Drive
Reston, VA 20196
Customer:
_____________________
_____________________
_____________________
_____________________
5. INCORPORATED DOCUMENTS. – Sprint respectfully requests the
addition of the words “after the Contract” be added after the word
“precedence” in order to clarify that the Contract will be first in order of
precedence.
5. INCORPORATED DOCUMENTS. – Sprint respectfully requests the
addition of the following additional Attachments to the Contract:
ATTACHMENT CC:
ATTACHMENT DD:
ANNEXES
CONTRACTOR’S ADDITIONAL TERMS
CONTRACTOR’S
PRODUCT/SERVICE
6. COMMENT TO LEAD STATE: There is no Section 6 in the Contract.
8. BID SPECIFICATIONS. – If Sprint’s Proposal is accepted by the State, it is
appropriate for Sprint’s Proposal to take precedence over the original RFP to the
extent that Sprint’s Proposal contains any clarifications, additional details or
variations from the RFP requirements. Accordingly, Sprint respectfully
proposes the following language be inserted after the end of the first sentence of
this provision: “To the extent such deviations are contained in Attachment
BB, such deviations in Attachment BB shall control in the event of a
conflict with the specifications in Attachment AA.”
9. ACCEPTANCE OR REJECTION OF BIDS, AND AWARD – Sprint
respectfully requests that this provision be deleted in its entirety as not being
applicable to the Contract. This provision is more appropriate as an RFP
requirement and ceases to be relevant once the Contract between the parties is
executed.
10. BID SAMPLES – Sprint respectfully requests that this provision be deleted
in its entirety as not being applicable to the Contract. This provision is more
appropriate as an RFP requirement and ceases to be relevant once the Contract
between the parties is executed. Terms and conditions relating to demonstration
and test Products are addressed in Attachment BB.
11. CONSIDERATION (first sentence)– Sprint respectfully takes exception to
the first sentence and requests that it be deleted in its entirety. Sprint proposes
the following alternative as a new section 11(a) and 11(b) in its place:
(a) The parties agree that Contractor will provide the services specified in
paragraph (5) at a cost to Buyers calculated as follows:
(i) 25% CL Discount: The CL Discount is a percentage discount
off the eligible monthly recurring charges (“MRCs”) charged for
CL Account Active Units (as defined in Attachment BB and
Attachment CC).
Page 25
Western States Contracting Alliance
(ii) 18% IL Discount: The IL Discount is a percentage discount off
the eligible monthly recurring charges (“MRCs”) charged for IL
Accounts (as defined in Attachment BB and Attachment CC). The
CL Discount and the IL Discount are collectively referred to as the
“Service Pricing Discounts.” IL Account eligibility shall be in
accordance with Attachment BB and CC.
(iii) How Calculated. Unless otherwise noted, Service Pricing
Discounts apply to eligible monthly recurring charges (“MRC”)
before taxes and surcharges and after application of credits, other
discounts, and rebates. Overage, usage-based, and third party
applications and services, certain business plan, add-ons, and other
charges (including certain network specific products and services),
are not eligible for Service Pricing Discounts. Service Pricing
Discounts may apply to the MRC of certain promotional rate plans
which Sprint may offer on a limited time basis, at Contractor’s
discretion. Service Pricing Discounts are subject to the terms and
conditions in Attachment BB and Attachment CC, and may be
subject to adjustment due to Administrative Fees in accordance
with Contractor’s response in Section 3.2.3 of Attachment BB.
(iv) CL Account Eligibility. Only CL Account Active Units
(defined as an active piece of wireless Product that Customer
enrolls in a Business Plan under the Contract) that are included in
Buyer’s account hierarchy with Contractor are eligible for the
Service Pricing Discounts. It may take up to 2 invoicing cycles to
move pre-existing CL Account Active Units to the same invoicing
cycle in order to start receiving the Service Pricing Discounts.
Buyer’s contractors, suppliers, and any non-government, nonauthorized agencies working with Customer are not eligible for the
Service Pricing Discounts.
(v) Wireless Device Discount. New CL Accounts are eligible for a
discount device price. The discount device is at least 39% discount
off the 1 year net price, defined as the suggested retail price less
$75.00 (“Flat Rate Price”). The devices offered with this
discounted price may change at any time in Sprint’s sole
discretion. This discounted device offer may not be available in all
sales channels.
(vi) Upgrade Terms. Existing CL Account Active Units may be
upgraded or replaced after 12 months of continuous service at the
Flat Rate Price unless otherwise noted.
(vii) Accessory Equipment. The accessory discount of 20%
applies to the national retail price for Nextel Device and Sprint
Device accessories purchased for CL Accounts under this
Agreement.
(viii) Fixed Rates. The rates and discounts identified in the pricing
Schedules in Attachment BB will remain fixed for the Term (unless
stated otherwise in the applicable Schedule or elsewhere in
Attachment BB).
(ix) Percentage Discounts. Rates and discounts not fixed in the
pricing Schedules in Attachment BB will be based on the thencurrent list price at the time of purchase, less the Service Pricing
Discount if applicable. The percentage discount is fixed for the
Term, but Contractor may modify the underlying rate or list price
to which the percentage discount is applied on no less than one
day’s notice .
b) Rate Adjustments. Contractor may impose on Buyers additional
Page 26
Western States Contracting Alliance
regulatory fees, administrative charges; and charges, fees or surcharges for
the costs Contractor incurs in complying with governmental programs.
These fees, charges or surcharges include, but are not limited to, state and
federal Carrier Universal Service Charges (“CUSC”) or Gross Receipts
surcharges. If the Federal Communications Commission (“FCC”) requires
that Contractor contribute to the Universal Service Fund (“USF”) based on
interstate revenues derived from services that Contractor in good faith has
treated as exempt, including but not limited to, information services,
Contractor will invoice Buyer the CUSC for such Services beginning on the
date established by the FCC as the date such Services became subject to
USF contributions. The amount of the fees and charges imposed may vary.
11. CONSIDERATION (2nd sentence [“Unless otherwise stated . . .”) – Sprint
respectfully takes exception to the second sentence and requests that it be
deleted in its entirety as not being applicable to the Contract. This provision is
more appropriate as an RFP requirement and ceases to be relevant once the
Contract between the parties is executed.
11. CONSIDERATION (3rd and 4th sentences) – Sprint respectfully takes
exception to these sentences to the extent it requires Sprint to provide Most
Favored Customer pricing. Sprint recognizes WSCA’s and the Buyers’ buying
power and strives to provide the most competitive pricing available. However,
offering true most favored customer pricing presents several challenges for
Sprint: (i) as a common carrier, Sprint is prohibited by law from unreasonably
discriminating between similarly situated customers; (ii) offering such pricing
may trigger provisions in other Sprint agreements compelling Sprint to provide
credits or rebates to other customers or categories of customers, which may not
be commercially feasible, thereby placing Sprint in breach or default; and (iii)
providing most favored customer pricing is against Sprint corporate policy.
Sprint will continue to offer highly competitive pricing and discounts for its
services in a manner in which the prices Sprint charges its customers for the
same services are not unreasonably dissimilar for similarly situated customers
with like traffic patterns, volumes, commitment levels and the like.
- See Sprint’s explanation of fixed rates and discounts in proposed
paragraphs 11(a) and 11(b).
11. CONSIDERATION (5th sentence [“Bid prices must remain firm . . .”) –
Sprint respectfully takes exception to the 5th sentence and requests that it be
deleted in its entirety as not adequately explaining Sprint’s discount and price
structure. See Sprint’s explanation of fixed rates and discounts in proposed
paragraphs 11(a) and 11(b and Attachment BB.
11. CONSIDERATION (6th sentence [“In the case of error . . .”) – Sprint
respectfully takes exception to the 6th sentence and requests that it be deleted in
its entirety as not adequately explaining Sprint’s discount and price structure.
See Sprint’s explanation of fixed rates and discounts in proposed paragraphs
11(a) and 11(b) and Attachment BB.
11. CONSIDERATION (9th , 10th, and 11th sentences [“Unless otherwise stated .
. . ; Bid prices must . . . ; In the case of error . . .”) – Sprint respectfully takes
exception to the 9th, 10th and 11th sentences of this section and requests that they
be deleted in their entirety as unnecessary repetitions of sentences earlier in the
paragraph. See Sprint’s explanation of fixed rates and discounts in proposed
paragraphs 11(a) and 11(b) and Attachment BB.
11. CONSIDERATION (13th sentence) -
Page 27
Sprint respectfully proposes the
Western States Contracting Alliance
following clarification be added to the 13th sentence: “The date from which
early payment discount time is calculated shall be the date a correct invoice is
received or receipt of shipment, whichever is later; except that if testing is
performed, the date shall be the date of acceptance of the merchandise.” It is
Sprint’s understanding that this sentence is only intended to apply to cash
discounts based upon early payment.
13. TAXES (2nd) – Sprint respectfully proposes the following clarification to the
second sentence: Insert the words “or Buyer” after the words “Where a
Participating State . . .”
13. TAXES (3rd and 4th sentences) – Sprint respectfully takes exception to the
third and fourth sentences and requests that they be deleted in their entirety.
Taxes shall be in accordance with Sprint’s proposed language in new Sections
3(b), 3(c) and 3(d) below. NRS 361.157 and NRS 361.159 are not applicable to
the Products and Services being offered by Sprint. The performance of this
Contract does not involve use of the Lead State’ real or personal property,
therefore Sprint does not accept liability for any change in the tax exempt status
of such property.
13. TAXES (5th sentence) – Sprint respectfully proposes the following
clarifying language be added to the 5th sentence: Insert “owed to Lead State or
a Buyer that are” between the words “obligation” and “not”.
13. TAXES – Sprint respectfully proposes adding the following new paragraphs
(b), (c) and (d) at the end of this section to clarify the parties’ respective
obligations regarding taxes:
(b) Taxes Not Included. Contractor’s rates and charges for Products and
Services do not include taxes. Buyer will pay all taxes, including, but not
limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, state, or national taxes or charges imposed on, or based upon,
the provision, sale or use of Products or Services. Additional information
on the taxes, fees, charges, and surcharges collected by Contractor is posted
on
the
Rates
and
Conditions
Website
(http://www.sprint.com/ratesandconditions).
(c) Withholding Taxes. Notwithstanding any other provision of this
Agreement, if a jurisdiction in which Buyer conducts business requires
Buyer to deduct or withhold separate taxes from any amount due to
Contractor, Buyer must notify Contractor in writing. Contractor will then
increase the gross amount of Buyer’s invoice so that, after Buyer’s
deduction or withholding for taxes, the net amount paid to Contractor will
not be less than the amount Contractor would have received without the
required deduction or withholding.
(d)
Tax Exemptions and Exclusions. Contractor will recognize and
honor all validly and properly issued and executed tax exemption
certificates delivered by Buyer and statutory exemptions and will not bill
Buyer for any such exempted taxes. Buyer will not be responsible for
payment of Contractor’s direct income and employment taxes.
14. FINANCIAL OBLIGATIONS OF PARTICIPATING STATES (1st
sentence and heading) – Sprint respectfully proposes the following clarifications
to the heading and first sentence of this Section: Insert the words “and Buyers”
after the words “Participating States” in order clarify that these requirements are
applicable to all Participating Entities.
14. FINANCIAL OBLIGATIONS OF PARTICIPATING STATES (2nd
Page 28
Western States Contracting Alliance
sentence) – Sprint respectfully takes exception to the second sentence and
requests the deletion of this sentence in its entirety. This sentence is more
appropriate as an RFP requirement and ceases to be relevant once the Contract
between the parties is executed.
17. DELIVERY (1st sentence) - Sprint respectfully proposes the following
clarification to the first sentence: Delete the words “WSCA state agency or
political subdivision” and replace with word “Buyer” to clarify that this
provision is applicable to all Participating Entities.
17. DELIVERY (4th sentence) Sprint respectfully proposes the following
clarification to the fourth sentence. Delete the words “special terms and
conditions” and replace with “Attachment BB” since any minimum shipment
amounts will be set forth in Contractor’s Response. “Special terms and
conditions” is not a defined term and it is not clear what terms and conditions it
is intended to reference.
19. INSPECTIONS (2nd sentence) – Sprint respectfully takes exception to
certain language in the second sentence and requests that it be modified as
follows: “If the Buyer finds goods furnished to be incomplete or in noncompliance with bid specifications, the Buyer may reject the goods and require
Contractor to either correct them without charge or deliver them at a reduced
price which is equitable under the circumstances.” Equitable adjustment is
not an appropriate remedy for the types of goods that Sprint is providing.
Buyers have adequate remedies elsewhere under this Contract.
19. INSPECTIONS (last sentence) – Sprint respectfully takes exception to the
last sentence of this section and requests that it be deleted in its entirety. The
remedies under the Uniform Commercial Code are superseded by the terms and
conditions of this Contract and are not applicable.
20(b) Inspection & Audit - Sprint respectfully proposes the following
clarifications/modifications to this provision to make this provision consistent
with what the parties agreed to in the existing 1523 contract and to provide a
reasonable limit on the frequency of audits:
20(b) Inspection & Audit - Contractor agrees that the relevant books, records
(written, electronic, computer related or otherwise), including, without
limitation, relevant accounting procedures and practices of Contractor or its
subcontractors, financial statements and supporting documentation, and
documentation related to the work product shall be subject, during
Contractor’s normal business hoursat any reasonable time, to inspection,
examination, review, audit, and copying at any office or location of Contractor
where such records may be found, upon reasonable prior written notice with
or without notice by WSCA; the United States Government; the State Auditor
or its contracted examiners, the Department of Administration, Budget Division,
the Nevada State Attorney General's Office or its Fraud Control Units, the State
Legislative Auditor, and with regard to any federal funding, the relevant federal
agency, the Comptroller General, the General Accounting Office, the Office of
the Inspector General, or any of their authorized representatives (collectively,
“Auditors”). All subcontracts shall reflect requirements of this paragraph.
Further, due to the highly sensitive and proprietary nature of Contractor’s
records, any third party auditor acting on behalf of one or more of the
Auditors shall be subject to prior approval by Contractor and may be
required at Contractor’s sole discretion to execute Contractor’s standard
non-disclosure agreement prior to examining, inspecting, copying or
Page 29
Western States Contracting Alliance
auditing Contractor’s records. Lead State may request an audit once
during every contract year.
20(c) Period of Retention - Sprint respectfully proposes the following
clarifications/modifications to this provision in order to provide Sprint
reasonable notice of either the use of Federal funds or the existence of an audit
or litigation.
c. Period of Retention All books, records, reports, and statements relevant to
this contract must be retained a minimum four (4) years after the contract
terminates or or until all audits initiated within the four (4) years have been
completed, whichever is later, and for five (5) years if any federal funds are
used in the contract and Contractor has been provide prior written notice of
the use of such Federal funds. The retention period runs from the date of
payment for the relevant goods or services by the State, or from the date of
termination of the Contract, whichever is later. Retention time shall be
extended when Contractor has been provide written notice that an audit is
scheduled or in progress for a period reasonably necessary to complete an audit
and/or to complete any administrative and judicial litigation which may ensue.
21. CONTRACT TERMINATION. – Sprint respectfully takes exception to the
first paragraph of this section and requests that it be deleted in its entirety.
Sprint requests a specified cure period, mutual default rights and additional
detail regarding different default scenarios.
Any of the following events shall constitute cause for
WSCA to declare Contractor in default of the contract: (1)
nonperformance of contractual requirements; and/or (2) a
material breach of any term or condition of this contract. WSCA
shall issue a written notice of default providing a period in which
Contractor shall have an opportunity to cure. Time allowed for
cure shall not diminish or eliminate Contractor’s liability for
liquidated or other damages. If the default remains, after
Contractor has been provided the opportunity to cure, WSCA may
do one or more of the following: (1) exercise any remedy provided
by law; (2). terminate this contract and any related contracts or
portions thereof; (3) impose liquidated damages; and/or (4)
suspend Contractor from receiving future bid solicitations.
Sprint respectfully proposes the following alternative language which
is consistent with what the parties’ agreed to in the existing contract 1523.
a. Termination Without Cause. Any discretionary or vested right of
renewal notwithstanding, this Contract may be terminated as between
Contractor and any individual Buyer upon written notice by mutual
consent of both parties, or unilaterally by either party without cause, in
accordance with Section 4 of this Contract.
b. State Termination for Non-appropriation. The continuation of this
Contract beyond the then current contract year is subject to and
contingent upon sufficient funds being appropriated, budgeted, and
otherwise made available by the applicable State or local legislature and/or
federal sources. The Buyer may terminate this Contract as between
Contractor and such Buyer, and Contractor waives any and all claim(s) for
damages, effective immediately upon receipt of written notice (or any date
specified therein) if for any reason the Buyer’s funding from State and/or
federal sources is not appropriated or is withdrawn, limited, or impaired.
The termination right under this subparagraph (b) shall not be applicable
to any Eligible Non-Profit Participating Entities and may not be utilized by
such non-profit entities.
c. Cause Termination for Default or Breach. A default or breach may be
Page 30
Western States Contracting Alliance
declared with or without termination. This Contract may be terminated by
either party upon written notice of default or breach to the other party as
follows:
i. If Contractor fails to provide or satisfactorily perform any of
the conditions, work, deliverables, goods, or services called for by
this Contract within the time requirements specified in this
Contract or within any granted extension of those time
requirements; or
ii. If any state, county, city or federal license, authorization,
waiver, permit, qualification or certification required by statute,
ordinance, law, or regulation to be held by Contractor to provide
the goods or services required by this Contract is for any reason
denied, revoked, debarred, excluded, terminated, suspended,
lapsed, or not renewed; or
iii. If the Buyer materially breaches any material duty under this
Contract and any such breach impairs Contractor's ability to
perform; or
iv. If it is found by the Buyer that any quid pro quo or gratuities
in the form of money, services, entertainment, gifts, or otherwise
were offered or given by Contractor, or any agent or
representative of Contractor, to any officer or employee of the
State of Nevada with a view toward securing a contract or securing
favorable treatment with respect to awarding, extending,
amending, or making any determination with respect to the
performing of such contract; or
v. If it is found by the State that Contractor has failed to disclose
any material conflict of interest relative to the performance of this
Contract.
d. Time to Correct. Termination upon a declared default or breach may be
exercised only after service of formal written notice as specified in
paragraph four (4), and the subsequent failure of the defaulting party
within thirty (30) calendar days of receipt of that notice to provide
evidence, satisfactory to the aggrieved party, showing that the declared
default or breach has been corrected.
23. LIMITED LIABILITY – Sprint respectfully proposes the following
modifications and clarifications, the majority of which are consistent with
existing Contract 1523 and other recent contracts between Sprint and Lead
State. Sprint also seeks to clarify and make the language consistent with
Sprint’s current risk management policies.
23. LIMITED LIABILITY. Nevada will not waive and intends to assert
available NRS chapter 41 liability limitations in all cases. Contract liability of
both parties shall not be subject to punitive damages. Liquidated damages shall
not apply unless otherwise specified in the incorporated attachments.
Damages for any breach by the Lead State shall never exceed the amount of
funds appropriated for payment under this contract, but not yet paid to
Contractor, for the fiscal year budget in existence at the time of the breach.
Damages for any Contractor breach shall not exceed 150125% of the contract
maximum “not to exceed” value between Contractor and the applicable
individual Buyer; provided, however, that if no “not to exceed” value is
specified than Contractor’s maximum liability shall be one million dollars
($1,000,000). Contractor’s tort liability shall be limited to 100% of the
contract maximum “not to exceed” value between Contractor and the
applicable individual Buyer; provided, however, that if no “not to exceed”
value is specified than Contractor’s maximum liability shall be one million
dollars ($1,000,000). not be limited As further clarification, Contractor’s
Page 31
Western States Contracting Alliance
tort liability shall not be limited as it relates to Contractor’s
indemnification obligations under this Contract and for any damages
related to death or serious bodily injury. Notwithstanding anything in this
Contract to the contrary, and in addition to the preceding limitations
referenced above, Contractor’s liability shall be limited as follows:
i. For any claims whatsoever arising from or related to service
disruption, regardless of the causes (“Service Disruption”),
Contractor’s sole liability is limited to a credit allowance equal to
the proportionate charge to the Buyer for the period of the Service
Disruption. Service Disruptions do not include unavailability of
the Service during periods of scheduled or unscheduled network
maintenance.
ii. In no event is Contractor liable for any consequential, special,
incidental, indirect, exemplary or punitive damages, nor for lost
profits, loss of business, loss of data, loss of use, or lost savings or
increased cost of operations, sustained by a Buyer or any third
parties in connection with this contract.
24. FORCE MAJEURE – Sprint respectfully takes exception to the last
sentence of this section and requests that it be deleted. An excusable delay
(such as Force Majeure) should not be a separate basis for termination. Buyers
are adequately protected by the other termination rights in Section 21.
25. INDEMNIFICATION – Sprint respectfully proposes the following
modifications and clarifications, the majority of which are consistent with
existing Contract 1523 and other recent contracts between Sprint and Lead
State. Sprint also seeks to clarify and make the language consistent with
Sprint’s current risk management policies. In addition, the last sentence of this
Section is redundant and inconsistent with the preceding portions of the section.
25. INDEMNIFICATION. To the fullest extent permitted by law, Contractor
shall indemnify, hold harmless and defend, not excluding the State's or
applicable Buyer’s right to participate, Nevada or the applicable Buyer from
and against all third party claims for liability, claims, actions, damages,
losses, and expenses, including, without limitation, reasonable attorneys' fees
and costs, arising directly from Contractor’s performance of the Contract
and relating to personal injury, death or damage o tangible personal
property that is alleged to have resulted, in whole or in part, from the gross
negligence or willful misconduct out of any alleged negligent or willful acts
or omissions of Contractor, its officers, employees and authorized agents. The
Contractor shall release, protect, indemnify and hold WSCA and the
respective states and their officers, agencies, employees, harmless from and
against any damage, cost or liability, including reasonable attorney’s fees
for any or all injuries to persons, property or claims for money damages
arising from acts or omissions of the contractor, his employees or
subcontractors or volunteers.
26. INSURANCE – Sprint respectfully takes exception and requires the
following modifications to the insurance requirements in order to comply with
the requirements and practices of Sprint’s insurers and the requirements of
Sprint’s internal risk management policies. Sprint is not able to provide notice
of termination or non-renewal prior to the date of such occurrence. Sprint does
not maintain policies that cover Title VII actions. Sprint cannot give WSCA or
any other customer or collection of customers approval rights over deductibles
or retention amounts. There is no definition of material change in any insurance
policy form, therefore Sprint and its insurers cannot agree to give notice upon
Page 32
Western States Contracting Alliance
the occurrence of such a contingency.
following modifications to this section:
Accordingly, Sprint requests the
“Until such time as the insurance is no longer required by the Lead State,
Contractor shall provide the Lead State with renewal or replacement
evidence of insurance no less than thirty (30) days before the expiration or
replacement of the required insurance.”
2)
Coverage shall be on an occurrence basis and shall be at least as broad
as ISO 1996 form CG 00 01 (or a substitute form providing equivalent
coverage); and shall cover liability arising from premises, operations,
independent contractors, completed operations, personal injury, products, civil
lawsuits, Title VII actions and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
d. Deductibles and Self-Insured Retentions: Insurance maintained by
Contractor shall apply on a first dollar basis without application of a
deductible or self insured retention unless otherwise specifically agreed to
by the Lead State or Participating States. Such approval shall not relieve
Contractor from the obligation to pay any deductible or self insured
retention. Any deductible or self-insured retention shall not exceed five
thousand dollars ($5,000.00) per occurrence, unless otherwise approved.
e. Policy Cancellation: Except for ten (10) days notice for non-payment of
premium, each insurance policy shall be endorsed to state that; without thirty
(30) days prior written notice to the Lead State, the policy shall not be canceled,
or non-renewed or coverage and /or limits reduced or materially altered,
and shall provide that notices required by this paragraph shall be sent by
certified regular mailed to the address identified on page 1 of the contract.
27. COMPLIANCE WITH LEGAL OBLIGATIONS – Sprint respectfully
requests the following clarification be inserted into the last sentence of this
provision since the cited statute is Nevada-specific: “The Lead State may setoff against consideration due any delinquent government obligation owed to the
Lead State in accordance with NRS 353C.190.”
30. ASSIGNMENT – Sprint proposes the following modifications and
clarifications, the majority of which are consistent with existing Contract 1523
and other recent contracts between Sprint and Lead State.
30. ASSIGNMENT/DELEGATION. To the extent that any assignment of any
right under this contract changes the duty of either party, increases the burden or
risk involved, impairs the chances of obtaining the performance of this contract,
attempts to operate as a novation, or includes a waiver or abrogation of any
defense to payment by State, such offending portion of the assignment shall be
void, and shall be a breach of this contract. Contractor Neither party shall not
assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities
under this contract, in whole or in part, without the prior written approval of the
other partyWSCA Contract Administrator, which consent shall not be
unreasonably withheld, conditioned or delayed; provided, however, that
Contractor may assign this contract to any parent, subsidiary or affiliate of
Contractor or to any purchaser of all or substantially of Contractor’s
assets upon written notice to the other party.
31. OWNERSHIP OF PROPRIETARY INFORMATION – Sprint respectfully
takes exception and proposes the following modifications and clarifications
based on the fact that Sprint is not creating any "works for hire" for WSCA or
Page 33
Western States Contracting Alliance
the Buyers, and Sprint must retain all rights in Sprint’s (and its contractor’s)
intellectual property utilized in contract performance. WSCA should provide a
specific listing of "works for hire" for Sprint’ review that are being created or
otherwise identify the exact intellectual property that it believes should be
transferred from Sprint to WSCA or Buyers under the Contract. Certain of
Sprint’s modifications and clarifications are also consistent with existing
Contract 1523.
31. OWNERSHIP OF PROPRIETARY INFORMATION. Any report or other
documents, histories, studies, tests, manuals, instructions, photographs,
negatives, blue prints, plans, maps, data, system designs, computer code
(which is intended to be consideration under the contract and specifically
identified as a deliverable in Attachment [__] to the Contract), or any other
documents or drawings, prepared or in the course of preparation by Contractor
(or its subcontractors) in performance of its obligations under this contract shall
be the exclusive property of WSCA and all such materials shall be delivered
into WSCA possession by Contractor upon completion, termination, or
cancellation of this contract; provided, however, that Contractor shall retain
a non-exclusive perpetual license to utilize such reports and documents for
its business purposes. Contractor shall not use, willingly allow, or cause to
have such materials used for any purpose other than performance of
Contractor's obligations under this contract without the prior written consent of
WSCA. Notwithstanding the foregoing, WSCA shall have no proprietary
interest in any materials licensed for use that are subject to patent, trademark or
copyright protection. Contractor shall retain ownership rights on any
documents prepared specifically for the any Buyer that include
Contractor’s proprietary or confidential information, which will include,
but not be limited to, invoicing and records. All intellectual property rights
in the Products and Services remain in and/or are assigned to Contractor.
In no event shall Contractor be precluded from developing for itself, or for
others, products, services or materials that are competitive with, or similar
to, the Products and Services provided under this Contract. In addition,
Contractor shall be free to use its general knowledge, skills and experience,
and any ideas, concepts, know-how and techniques within the scope of its
business practices that are used in the course of providing the Products and
Services to the Customer.
32. PATENTS, COPYRIGHTS, ETC. – Sprint proposes the following
modifications and clarifications, which are generally consistent with existing
Contract 1523 between Sprint and Lead State and required by Sprint’s current
risk management policies.
32. PATENTS, COPYRIGHTS, ETC. The Contractor shall release, indemnify
and defendhold WSCA, the State, and Participating States and their officers,
agents and employees against third party claims enforceable in the United
States alleging that Services as provided infringe any third party United
States patent or copyright or contain misappropriated third party trade
secrets. Contractor’s obligations under this section will not apply to the
extent that the infringement or violation is caused by (i) functional or other
specifications that were provided by or requested by the applicable
indemnified party; or (ii) the indemnified party’s continued use of
infringing Services after Contractor provides reasonable notice to the
indemnified party of the infringement. For any third party claim that
Contractor receives, or to minimize the potential for a claim, Contractor
may, at its option and expense, either: (A) procure the right for
indemnified party to continue using the Services; (B) replace or modify the
Page 34
Western States Contracting Alliance
Services with comparable Services; or (C) terminate the Services. The
provisions of this Section state the entire liability and obligations of
Contractor and any of its affiliates or licensors, and the exclusive remedy of
the indemnified parties, with respect to any actual or alleged infringement
in whole or in part, of any patent, copyright, trade secret, trademark or
other intellectual property right by the Services. harmless from liability of
any kind or nature, including the Contractor’s use of any copyrighted or
un-copyrighted composition, secret process, patented or unpatented
invention, article or appliance furnished or used in the performance of this
contract.
34. CONFIDENTIALITY. – Sprint respectfully proposes the following
clarifications and modifications, which are generally accepted exceptions to the
definition of confidential information.
34. CONFIDENTIALITY. Contractor shall keep confidential all information,
in whatever form, produced, prepared, observed or received by Contractor to the
extent that such information is confidential by law or otherwise required by
this contract. otherwise designated in writing as such. The foregoing
restrictions on use and disclosure of confidential information do not apply
to information that: (a) is in the possession of Contractor at the time of its
disclosure and is not otherwise subject to obligations of confidentiality; (b)
is or becomes publicly known, through no wrongful act or omission of the
Contractor; (c) is received without restriction from a third party free to
disclose it without obligation to the disclosing party; (d) is developed
independently by the Contractor without reference to the confidential
information; or (e) is require to be disclosed by law, regulation, or court or
government order.
35. NONDISCRIMINATION. – Sprint respectfully proposes the following
typographical correction to the last sentence of this section: “Contractor must
include this provision in everyvery subcontract relating to purchases by the
States to insure that subcontractors and vendors are bound by this provision.”
39. WARRANTIES. – Sprint respectfully takes exception to these warranty
provisions and proposes the following alternative below, which is generally
consistent with existing Contract 1523 between Sprint and Lead State. Sprint is
not the manufacturer of the Equipment and is not in a position to offer its own
independent warranties on the equipment. As a provider of telecommunications
“Service”, rather than a purchased “System”, most RFP warranty requirements
do not apply. Wireless services do not perform in precisely the same manner as
non-wireless landline telephone services. Accordingly, Sprint does not
guarantee coverage in any specific area at any specific time. Coverage shown
on a coverage map is a general prediction of coverage, and does not guarantee
that coverage will be available at all covered geographic areas at all times.
Wireless coverage is impacted by, among other things, terrain, weather, antenna
location, system modification, foliage and man-made structures (such as
buildings), and therefore cannot be predicted precisely at all times.
39. WARRANTIES. Contractor does not manufacture Products and offers
no warranty on any Products beyond the manufacturer’s warranty
provided directly from the manufacturer to the Buyer upon receipt of the
Products. Except as, and then only to the extent, expressly provided in this
Contract, Products and Services are provided “as is.” Contractor disclaims
all express or implied warranties and in particular disclaims all warranties
of merchantability, fitness for a particular purpose, and warranties related
to equipment, material, services, or software.
Page 35
Western States Contracting Alliance
a. Uniform Commercial Code. The Contractor acknowledges that the
Uniform Commercial Code applies to this contract. In general, the
contractor warrants that: (a) the product will do what the salesperson
said it would do, (b) the product will live up to all specific claims that
the manufacturer makes in their advertisements, (c) the product will be
suitable for the ordinary purposes for which such product is used, (d)
the product will be suitable for any special purposes that the Buyer has
relied on the Contractor’s skill or judgment to consider.
b. General Warranty.
Contractor warrants that all services,
deliverables, and/or work product under this contract shall be
completed in a workmanlike manner consistent with standards in the
trade, profession, or industry; shall conform to or exceed the
specifications set forth in the incorporated attachments; and shall be fit
for ordinary use, of good quality, with no material defects.
c. System Compliance. Contractor warrants that any information
system application(s) shall not experience abnormally ending and/or
invalid and/or incorrect results from the application(s) in the operating
and testing of the business of the State. This warranty includes,
without limitation, century recognition, calculations that accommodate
same century and multicentury formulas and data values and date data
interface values that reflect the century.
42. POLITICAL SUBDIVISION PARTICIPATION - Sprint respectfully
proposes the follow clarifications and modifications to this section for the
purpose of clarifying that in addition to participation by political subdivisions of
WSCA Participating States, eligible political subdivisions and Eligible NonProfit Entities may sign their own Participating Addendums.
42. POLITICAL SUBDIVISION PARTICIPATION. Participation under this
contract by eligible Buyers (including, but not limited to, political
subdivisions (i.e., colleges, school districts, counties, cites, etc.,) of the WSCA
Participating States)) shall be voluntarily determined by the political
subdivision. The Contractor agrees to supply the political subdivisions based
upon the same terms, conditions and prices.
This Contract is entered into by the Lead State on its own behalf and at
the request of and for the benefit of: (i) WSCA; (ii) the Participating
State(s); and (iii) all other eligible entities, including, but not limited to,
Eligible Non-Profit Entities that qualify as “Buyers” under this
Contract, whether by executing a Participating Addendum or by
purchasing under another Buyer’s existing Participating Addendum
where authorized to do so.
Each of the entities above is referred to herein individual as an
"Participating Entity” or collectively as the “Participating Entities.”
44. GOVERNING LAW; JURISDICTION. - Sprint respectfully proposes the
follow clarifications and modifications to this section for the purpose of
clarifying that in addition to participation by political subdivisions of WSCA
Participating States, eligible political subdivisions and Eligible Non-Profit
Entities may sign their own Participating Addendums.
44. GOVERNING LAW; JURISDICTION. This contract and the rights and
obligations of the parties hereto shall be governed and construed in accordance
with the laws of the state of Nevada, without giving effect to any principle of
Page 36
Western States Contracting Alliance
Attachment I
49
Attachment J
50
Attachment K
51
conflict-of-law that would require the application of the law of any other
jurisdiction. The parties consent to the exclusive jurisdiction of the First Judicial
District Court, Carson City, Nevada for enforcement of this contract. The
construction and effect of any Participating Addendum or order against the
contract(s) shall be governed by and construed in accordance with the laws of
the Participating State or the laws of the State in which the applicable
Participating Entity is located if such entity is not a State. Venue for any
claim, dispute or action concerning an order placed against the contract(s) or the
effect of a Participating Addendum or shall be in the Purchasing State or in the
State in which the applicable Participating Entity is located if such entity is
not a State.
Sprint has read and understands that additional states and eligible participating
entities may be added with the consent of the Contractor through execution of a
Participating Addendum. It is Sprint’s understanding that Attachment I –
Model Participating Addendum is an optional use, sample template and that
Contractor may in its discretion develop a unique Contractor Participating
Addendum template.
Sprint respectfully takes exception to the statement in the third sentence of the
Attachment J cover page to the extent it requires the Lead State’s consent or
approval of individual Participating Addendums signed between Contractor and
other eligible entities. The Lead State’s consent or approval of individual
Participating Addendums is neither necessary nor practical given the expected
high volume of Participating Addendum’s to be executed. Accordingly, the
words “and Lead State” should be deleted from this sentence.
In addition, Sprint requests that it be clarified that additional states “and other
eligible participating entities” may be added with the consent of the Contractor
through execution of a Participating Addendum.
Finally, Sprint also would like to clarify that the numerous local government
entities currently participate in the current contract through individual
Participating Addendums and that the list of current states should not be
considered an inclusive list of all currently participating entities that have
signed Participating Addendums.
To the extent Sprint has clarified or taken exception to a term in the
Participating Addendum or proposed additional State terms and conditions, such
comments have been included only after careful consideration of the WSCA
1907 RFP requirements, Sprint’s corporate policies, and applicable law. The
absence of a response in relations to a particular provision indicates our present
acceptance of that provision as it appears in the States Unique Terms and
Conditions section of WSCA 1907 RFP; provided, however, that as noted in
Amendment No. 2 to the RFP, there may be a significant time lag between the
WSCA RFP 1907 due date and the date that Sprint and the individual
participating states begin discussing the terms of the new Participating
Addendums. In addition, Sprint’ acceptance or rejection of certain proposed
State-specific terms and conditions may be conditioned upon the ultimate
outcome of Sprint’s negotiations with WSCA of the proposed WSCA Statewide
Master Service Agreement For Services of Independent Contractor, as modified
by Sprint’s Response (“Proposed WSCA MSA”). Accordingly, Sprint reserves
the right to raise additional exceptions in its negotiations with individual
Participating States based on intervening circumstances. Sprint has made a
good faith effort to respond to all the States Unique Terms and Conditions to the
best of its ability and present knowledge. If Sprint is awarded the WSCA
contract, Sprint will negotiate in good faith to execute a definitive Participating
Addendum with each of the Participating States for the products and services
contemplated by the WSCA 1907 RFP that will incorporate elements of the
WSCA 1907 RFP, Sprint’s RFP responses, the Proposed WSCA MSA, and any
Page 37
Western States Contracting Alliance
additional commercially reasonable terms and conditions negotiated by the
parties.
STATE OF MONTANA
ACCESS AND RETENTION OF RECORDS: - Sprint’s access policies and
retention of billing records shall be in accordance with State law, subject to the
terms and conditions of the Proposed WSCA MSA, which Sprint believes
adequately addresses the State’s requirements.
ASSIGNMENT, TRANSFER AND SUBCONTRACTING: - Assignment,
Transfer and Subcontracting shall be in accordance with the Proposed WSCA
MSA. Accordingly, Sprint respectfully takes exception to this requirement.
CONTRACT TERMINATION: Reduction of Funding. – Sprint has read,
understands and will comply, subject to the notice requirements of the Proposed
WSCA MSA.
STATE OF OREGON
1. Scope:
(1st bullet) – Sprint respectfully takes exception to this requirement. Sprint
offers priority service plans/programs to certain public safety customers, which
the State may elect to participate in. In addition, Federal law may in certain
circumstances require that priority be given to certain Federal agencies.
(3rd Bullet) – Sprint respectfully takes exception to this requirement due to the
intent of the requirement not being clear. Sprint is willing to discuss and attempt
to address the State’s concerns on this issue once Sprint receives additional
clarification from the State.
5. Subcontractors:
- Subcontracting is addressed in the Proposed WSCA MSA. Accordingly,
Sprint respectfully takes exception to this requirement. Sprint is willing to
discuss and attempt to address the State’s concerns on this issue once Sprint
receives additional clarification from the State regarding the State’s definition
of subcontractors and requirements related to subcontractors under the
Participating Addendum.
-– Since Sprint agrees that it will assume all responsibility for its
subcontractors, Sprint does not agree with State’s right to approve or reject
Sprint subcontractors or subcontractor personnel, nor does Sprint agree to
provide details of the terms and conditions of the agreement between it and
subcontractors. As prime vendor, Sprint is responsible for overall service
performance and requires the ability to manage its subcontractors as necessary
to fulfill the overall service performance if and when a subcontractor is
required.
- As additional clarification, Sprint does not consider local exchange carriers to
be Sprint subcontractors and will not be responsible for the actions or inactions
of access providers. In addition, Sprint does not consider the State’s
subcontractor approval rights or other subcontractor requirements set forth in an
RFP or any resulting contract to be applicable to any agreements, subcontracts
or other business arrangements between Sprint and its Affiliates, roaming
partners, suppliers, subcontractors or any third-parties relating to the provision
of any Products or Services purchased or used by the State (collectively,
“General Supply & Support Agreements”) where such General Supply and
Support Agreements were entered into for the purpose of providing Products
and Services to Sprint customers generally (as opposed to specifically for the
Page 38
Western States Contracting Alliance
State).
8. Order of Precedence:
- Sprint respectfully takes exception to this provision. Sprint requires that the
Proposed WSCA MSA be first in the contract order of precedence.
- Sprint respectfully takes exception to the Paragraph (b) of this section and
requests that it be deleted as not necessary and potentially confusing as to the
future interpretation of the Participating Addendum and Proposed WSCA MSA.
9. Vendor Collected Administration Fee: _____ % - Sprint is unable to agree
or take exception to this requirement without knowing the proposed amount of
the Vendor Administration Fee. Any Vendor Administrative Fee shall be
calculated in accordance with the methodology in the Proposed WSCA MSA,
and shall be subject to the terms and conditions of the Proposed WSCA MSA.
OREGON EXHIBIT No. 1
Participating State Modifications or Additions to Master Agreement No.
_______
2.3 Verification of Purchasing Entities. – Sprint has read, understands and
will comply, subject to the following: Contractor’s verification obligations are
limited to confirming eligibility of Purchasing Entities against the specified
websites. Contractor shall not be liable to State or deemed in breach of the
Participating Addendum if Contractor provides Goods and Services to an
ineligible entity based on errors or omissions in the specified on-line databases.
3. Goods and Services.
- Sprint respectfully takes exception to Section 3.1 and 3.2 in their entirety and
requests that they be deleted. All warranty and service level guarantees and
standards, if any, shall be in accordance with the Proposed WSCA MSA.
- Sprint does not manufacture equipment and offers no warranty on any
equipment beyond the manufacturer’s warranty provided directly from the
manufacturer to Customer upon receipt of the equipment. Except as, and then
only to the extent, expressly provided in the Proposed WSCA MSA, Sprint
products and services are provided “as is.” Sprint disclaims all express or
implied warranties and in particular disclaims all warranties of merchantability,
fitness for a particular purpose, and warranties related to equipment, material,
services, or software.
-Wireless services do not perform in precisely the same manner as non-wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in
any specific area at any specific time. Coverage shown on a coverage map is a
general prediction of coverage, and does not guarantee that coverage will be
available at all covered geographic areas at all times. Wireless coverage is
impacted by, among other things, terrain, weather, antenna location, system
modification, foliage and man-made structures (such as buildings), and
therefore cannot be predicted precisely at all times.
Sprint’s sole liability arising from or related to Service disruption, regardless of
the cause, is limited to a credit allowance equal to the proportionate charge to
Customer for the period of the Service disruption. Service disruptions do not
include unavailability of the Service during periods of scheduled or unscheduled
network maintenance.
4. Payment Provisions. – Payment, invoices, disputes, taxes and surcharges are
addressed in the Proposed WSCA MSA. Accordingly, Sprint respectfully takes
exception to this section its entirety. Sprint is willing to discuss and attempt to
address any State invoicing specifics; provided, however, that Sprint shall not
Page 39
Western States Contracting Alliance
be obligated to provide any custom invoicing that Sprint determines in its
discretion are impractical or unduly burdensome to Sprint from an operational,
financial or system limitation basis.
6. Volume Sales Reports (VSRs) and Vendor Collected Administrative Fee
(VCAF).
6.1 Volume Sales Reports (VSRs). – Sprint respectfully takes exception to any
reporting requirements that differ from Sprint’s existing reporting to the State
under the parties’ existing Participating Addendum. Notwithstanding anything
in the State’s requirements to the contrary, Sprint shall not be obligated to
provide any custom reports that Sprint determines in its discretion are
impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis
6.2 Vendor Collected Administrative Fee (VCAF).
- Sprint has read, understands and will comply, subject to the Administrative
Fee being calculated in accordance with the methodology in the Proposed
WSCA MSA, and being subject to the terms and conditions of the Proposed
WSCA MSA. Sprint respectfully takes exception to any reporting requirements
that differ from Sprint’s existing reporting to the State under the parties’
existing Participating Addendum. Notwithstanding anything in the State’s
requirements to the contrary, Sprint shall not be obligated to provide any
custom reports that Sprint determines in its discretion are impractical or unduly
burdensome to Sprint from an operational, financial or system limitation basis
6.3 Audit. – Audits shall be in accordance with the Proposed WSCA MSA.
Accordingly, Sprint respectfully takes exception to this requirement.
7. Warranties. Warranties, if any, shall be in accordance with the Proposed
WSCA MSA. Accordingly, Sprint respectfully takes exception to these
requirements in their entirety.
8. Indemnities. Indemnities shall be in accordance with the Proposed WSCA
MSA. Accordingly, Sprint respectfully takes exception to these requirements in
their entirety.
9. Term and Termination of Participating Addendum.
9.2 Termination. – Sprint has read, understands and will comply, subject to
the applicable notice and cure requirements for termination as set forth in
Proposed WSCA MSA.
10. Termination of Individual Purchase Orders. – Sprint has read,
understands and will comply, subject to the applicable notice and cure
requirements for termination as set forth in Proposed WSCA MSA.
14. Notices. – Sprint respectfully takes exception to the use of facsimile for
official notices.
21. Access to Records. – Access to records and audits shall be in accordance
with the Proposed WSCA MSA. Accordingly, Sprint respectfully takes
exception to this requirement.
24. Insurance. / Exhibit 2 – Sprint respectfully takes general exception to the
insurance requirements since of the required boxes are checked and Sprint is not
certain whether some, all or none of the insurance requirements would apply.
Page 40
Western States Contracting Alliance
- Sprint respectfully takes exception to the phrase “and that are acceptable to
DAS SPO” in the last sentence of the first Paragraph of Exhibit 2. This is an
unreasonably vague requirement. Sprint is not able to switch insurers based on
the State’s demand. Sprint will agree that its insurers will have an A.M. Best
rating of A-, VII or better.
- ii. Professional Liability: Sprint respectfully takes exception to this
requirement. Sprint does not maintain professional liability coverage and such
coverage is not applicable to the products and services Sprint is offering to the
State.
- v. Pollution Liability: Sprint respectfully takes exception to this requirement.
Sprint does not maintain pollution liability coverage and such coverage is not
applicable to the products and services Sprint is offering to the State.
- Sprint respectfully takes exception to the “Per occurrence limit for multiple
claimants” requirements for CGL and Auto. Sprint’s CGL and Auto policies
have a $2,000,000 per occurrence limit.
- D. Notice of Cancellation or Change: Sprint respectfully takes exception to
the phrase “material change, potential exhaustion of aggregate limits or
non-renewal” due to the fact that these are not defined terms under Sprint’s
policy forms. Sprint’s insurer will only provide notice of cancellation.
Exhibit No. 3 – Taxes, Fees and Surcharges
– Sprint respectfully takes exception to this provision and proposes the
following alternative:
Sprint will recognize and honor all validly and properly issued and
executed tax exemption certificates delivered by the State and will not bill
the State for any such exempted taxes. Sprint's rates and charges for
products and services do not include taxes. The State will pay all applicable
taxes for which it does not hold a valid tax exemption, including, but not
limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, state, national taxes or assessments imposed on or based upon
the provision, sale or use of products and services. Notwithstanding any
other provision of the Agreement, if the State’s jurisdiction requires the
State to deduct or withhold separate taxes from any amount due to Sprint,
the State must notify Sprint in writing. Sprint will then increase the gross
amount of the State's invoice so that, after the State’s deduction or
withholding for taxes, the net amount paid to Sprint will not be less than
the amount Sprint would have received but for the deduction or
withholding.
STATE OF UTAH
3) Records Administration
- Access to records and audits shall be in accordance with the Proposed WSCA
MSA. Accordingly, Sprint respectfully takes exception to this requirement.
- Sprint also respectfully takes exception to the “monitoring of services”
requirement as such a requirement is not applicable to the products and services
being offered by Sprint. Sprint own and/or operate various facilities at
numerous locations nationwide to provide telecommunications services
throughout the United States. Therefore, it is unclear to Sprint what facilities
the State contemplates inspecting and/or monitoring pursuant to this provision.
Accordingly, Sprint shall comply by making its facilities available for
inspection at reasonable times in the ordinary course of business subject to the
following: (a) the State shall identify the facilities that may be subject to
inspection under the contract; (b) such inspections shall be reasonably limited in
geographic scope and shall only pertain to facilities which are directly related to
Sprint’s performance of this contract; (c) the State shall provide reasonable
Page 41
Western States Contracting Alliance
prior written notice of any inspections; and (d) Sprint reserves the right to preapprove and require any designees or representatives who are not employees of
the State to enter into a confidentiality agreement as a condition of access to and
inspection of such facilities.
4.1 Status Verification System: Sprint has read, understands and will comply,
subject to the following clarification:
- Sprint does not consider local exchange carriers to be Sprint subcontractors
and will not be responsible for the actions or inactions of access providers. In
addition, Sprint does not consider the State’s referenced subcontractor
requirements to be applicable to any agreements, subcontracts or other business
arrangements between Sprint and its Affiliates, roaming partners, suppliers,
subcontractors or any third-parties relating to the provision of any Products or
Services purchased or used by the State (collectively, “General Supply &
Support Agreements”) where such General Supply and Support Agreements
were entered into for the purpose of providing Products and Services to Sprint
customers generally (as opposed to specifically for the State).
7) TERMINATION: Termination shall be in accordance with the Proposed
WSCA MSA. Accordingly, Sprint respectfully takes exception to this
requirement.
9) TAXES: – Sprint respectfully takes exception to this provision and proposes
the following alternative:
Sprint will recognize and honor all validly and properly issued and executed
tax exemption certificates delivered by the State and will not bill the State
for any such exempted taxes. Sprint's rates and charges for products and
services do not include taxes. The State will pay all applicable taxes for
which it does not hold a valid tax exemption, including, but not limited to,
sales, use, gross receipts, excise, VAT, property, transaction, or other local,
state, national taxes or assessments imposed on or based upon the
provision, sale or use of products and services. Notwithstanding any other
provision of the Agreement, if the State’s jurisdiction requires the State to
deduct or withhold separate taxes from any amount due to Sprint, the State
must notify Sprint in writing. Sprint will then increase the gross amount of
the State's invoice so that, after the State’s deduction or withholding for
taxes, the net amount paid to Sprint will not be less than the amount Sprint
would have received but for the deduction or withholding.
12) REPORTS AND FEES: Sprint has read, understands and will comply,
subject to the Administrative Fee being calculated in accordance with the
methodology in the Proposed WSCA MSA, and being subject to the terms and
conditions of the Proposed WSCA MSA. Sprint respectfully takes exception to
any reporting requirements that differ from Sprint’s existing reporting to the
State under the parties’ existing Participating Addendum. Notwithstanding
anything in the State’s requirements to the contrary, Sprint shall not be
obligated to provide any custom reports that Sprint determines in its discretion
are impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis
15) PUBLIC INFORMATION: Sprint respectfully takes exception to the last
sentence of this provision. The State shall protect properly identified
confidential and proprietary information to the fullest extent possible pursuant
to such applicable law and shall not publish, duplicate, use and disclose such
information except as may be required by law.
Page 42
Western States Contracting Alliance
“have ten (10) days thereafter to correct the cited reporting or record
keeping practice deficiencies.”
- Sprint respectfully takes exception to this language and assumes it is a
typo since it does not appear to be connected to a particular provision.
19)
CONTRACTOR ACCESS TO SECURE STATE FACILITIES /
CRIMINAL CONVICTION INFORMATION / FORMER FELONS: Sprint
respectfully takes exception to this provision as not being applicable to the
Products and Services being proposed by Sprint. Sprint is not bidding on
construction, alteration, maintenance or repair services; and therefore Sprint
employees will have limited or no unescorted access to secure premises.
20) CONFIDENTIALITY – Sprint respectfully takes exception to this
language and proposes the following alternative:
Commencing on the Effective Date of the contract between the
parties and continuing for a period of three (3) years from the termination
of the contract, each party shall protect as confidential, and shall not
disclose to any third party, any Confidential Information received from the
disclosing party or otherwise discovered by the receiving party during the
Term of this contract, including but not limited to, the pricing and terms of
the contract, and any information relating to the disclosing party’s
technology, business affairs, and marketing or sales plans (collectively the
“Confidential Information”).
The parties shall use Confidential
Information only for the purpose of this contract.
Confidential
Information must be clearly identified. Written Confidential Information
must be clearly marked in a conspicuous place with an appropriate legend
identifying the information as confidential. Confidential Information that is
oral and not written must be identified as Confidential Information at the
time of disclosure and confirmed in writing delivered to Recipient within
15 days following its disclosure. The protections of this Agreement will
apply during those 15 days.
The foregoing restrictions on use and disclosure of Confidential
Information do not apply to information that: (a) is in the possession of the
receiving party at the time of its disclosure and is not otherwise subject to
obligations of confidentiality; (b) is or becomes publicly known, through no
wrongful act or omission of the receiving party; (c) is received without
restriction from a third party free to disclose it without obligation to the
disclosing party; (d) is developed independently by the receiving party
without reference to the Confidential Information; or (e) is require to be
disclosed by law, regulation, or court or government order.
21) SECURE PROTECTION AND HANDLING OF DATA Network
Security: - Sprint respectfully takes exception to these requirements as not
being applicable to the products and services being offered by Sprint. Sprint’s
network security and data protection measures meet or exceed industry
standards. Sprint is willing to negotiate in good faith regarding commercially
reasonable requirements the State may have.
22) NOTIFICATION AND DATA BREACHES – Sprint respectfully takes
exception to the indemnification requirements of this provision.
Indemnification and limitation of liability shall be in accordance with the
Proposed WSCA MSA.
STATE OF ARIZONA
Arizona provisions for WSCA Wireless Contracts (rev 3-3)
Page 43
Western States Contracting Alliance
1.1. Integration with the TEM. Sprint respectfully takes exception to this
requirement and reserves the right to determine as the time of Participating
Addendum negotiation whether its billing systems are compatible with the TEM
system.
2.2. Statewide Pooled Plans. Sprint respectfully takes exception and reserves
the right to negotiate directly with the State regarding any Pooled Plans.
2.3. Further Discounts and Volume Tiers. Sprint respectfully takes exception to
this requirement. Discounts shall be in accordance with the Proposed WSCA
MSA. Sprint also respectfully takes exception to this provision to the extent it
requires Sprint to provide Most Favored Customer pricing. Sprint recognizes
the State’s buying power and strives to provide the most competitive pricing
available. However, offering true most favored customer pricing presents
several challenges for Sprint: (i) as a common carrier, Sprint is prohibited by
law from unreasonably discriminating between similarly situated customers; (ii)
offering such pricing may trigger provisions in other Sprint agreements
compelling Sprint to provide credits or rebates to other customers or categories
of customers, which may not be commercially feasible, thereby placing Sprint
in breach or default; and (iii) providing most favored customer pricing is against
Sprint corporate policy. Sprint will continue to offer highly competitive pricing
and discounts for its services in a manner in which the prices Sprint charges its
customers for the same services are not unreasonably dissimilar for similarly
situated customers with like traffic patterns, volumes, commitment levels and
the like.
ARIZONA UNIFORM TERMS AND CONDITIONS version 8
Definition of Terms
1.2: Contract: Sprint respectfully takes exception to this definition as it does
not include the Proposed WSCA MSA, which is the basis of the Participating
Addendum. Sprint requires that the Proposed WSCA MSA be include in the
definition of contract and be first in the contract order of precedence.
1.11 Subcontract: Sprint has read, understands and will comply, subject to the
following clarification:
- Sprint does not consider local exchange carriers to be Sprint subcontractors
and will not be responsible for the actions or inactions of access providers. In
addition, Sprint does not consider the State’s referenced subcontractor
requirements to be applicable to any agreements, subcontracts or other business
arrangements between Sprint and its Affiliates, roaming partners, suppliers,
subcontractors or any third-parties relating to the provision of any Products or
Services purchased or used by the State (collectively, “General Supply &
Support Agreements”) where such General Supply and Support Agreements
were entered into for the purpose of providing Products and Services to Sprint
customers generally (as opposed to specifically for the State).
2.1: Arizona Law: - Sprint respectfully takes exception to inclusion of the
Uniform Commercial Code as being part of the applicable law governing the
contract. The Proposed WSCA MSA and the terms and conditions negotiated
between the parties shall take precedence over the UCC.
2.3: Contract Order of Precedence: Sprint respectfully takes exception to this
definition as it does not include the Proposed WSCA MSA , which is the basis
of the Participating Addendum. Sprint requires that the Proposed WSCA MSA
be include in the definition of contract and be first in the contract order of
Page 44
Western States Contracting Alliance
precedence.
3.1 Records - - Sprint’s access policies and retention of billing records shall be
in accordance with State law, subject to the terms and conditions of the
Proposed WSCA MSA, which Sprint believes adequately addresses the State’s
requirements.
3.3 Audit - Sprint’s audit policies and retention of billing records shall be in
accordance with State law, subject to the terms and conditions of the Proposed
WSCA MSA, which Sprint believes adequately addresses the State’s
requirements.
3.4 Facilities Inspection and Materials Testing
- Sprint owns and/or operates various facilities at numerous locations
nationwide to provide digital mobile wireless telecommunications services
throughout the United States. Sprint does not manufacture any equipment.
Therefore, it is unclear to Sprint what facilities the State contemplates
inspecting pursuant to this provision. Accordingly, Sprint shall comply by
making its facilities available for inspection at reasonable times in the ordinary
course of business subject to the following: (a) State shall identify the facilities
that may be subject to inspection under the contract; (b) such inspections shall
be reasonably limited in geographic scope and shall only pertain to facilities
which are directly related to Sprint’s performance of this contract; (c) State shall
provide reasonable prior written notice of any inspections; and (d) Sprint
reserves the right to pre-approve and require any designees or representatives
who are not employees of State to enter into a confidentiality agreement as a
condition of access to and inspection of such facilities.
- Sprint respectfully takes exception to the last sentence of this requirement.
The State, not Sprint, shall be responsible for the State’s costs of inspection and
testing.
3.7 Property of the State – Sprint respectfully takes exception to these
requirements as not being applicable to the products and services being offered
by Sprint.
(a) The State’s rights in the products and services provided
under this contract shall be for purposes of the State’s internal
business only (which includes use by third parties doing business with
the State, to the extent contemplated in the Proposed WSCA MSA and
any applicable RFP) during the term of the agreement. All other
intellectual property rights in the products and services remain in
and/or are assigned to Sprint. Ownership of the underlying copyright
in any such documents or materials used or created by Sprint in
performance of the contract shall remain with Sprint, Sprint’s licensor
or other third party licensor. In no event does the Customer obtain
any ownership rights in the copyright to any materials, documents,
recommendations, studies, plans, drawings, screen designs, screen
outputs, and deliverables or to any third party software embedded in
the Product and any elements of any software proprietary to Sprint.
(b) Where software is provided with a Product or Service,
Customer is granted a non-exclusive and non-transferable license or
sublicense to use the software, including any related documentation,
solely to enable Customer to use the Products and Services in
accordance with the applicable licensing requirements. Software
licensing terms and conditions of Sprint’s software vendors are
provided through click and use screens, shrink-wrap notices, physical
copies delivered at the time of Product or Service installation, or copies
Page 45
Western States Contracting Alliance
posted by Sprint on its rates and conditions website
(http://www.sprint.com/ratesandconditions). Sprint may suspend,
block or terminate Customer’s use of any software if Customer fails to
comply with any applicable licensing requirement.
(c) The parties shall cooperate with each other and execute
such documents as may be deemed reasonably necessary to achieve the
objectives of this provision. In no event shall Sprint be precluded from
developing for itself, or for others, products, services, or materials that
are competitive with, or similar to, the Products and services provided
under this contract. In addition, Sprint shall be free to use its general
knowledge, skills, and experience, and any ideas, concepts, know-how,
and techniques within the scope of its business practices that are used
in the course of providing the Products and services to the State.
3.8 Ownership of Intellectual Property – Sprint respectfully takes exception to
these requirements as not being applicable to the products and services being
offered by Sprint.
(a) The State’s rights in the products and services provided
under this contract shall be for purposes of the State’s internal
business only (which includes use by third parties doing business with
the State, to the extent contemplated in the Proposed WSCA MSA and
any applicable RFP) during the term of the agreement. All other
intellectual property rights in the products and services remain in
and/or are assigned to Sprint. Ownership of the underlying copyright
in any such documents or materials used or created by Sprint in
performance of the contract shall remain with Sprint, Sprint’s licensor
or other third party licensor. In no event does the Customer obtain
any ownership rights in the copyright to any materials, documents,
recommendations, studies, plans, drawings, screen designs, screen
outputs, and deliverables or to any third party software embedded in
the Product and any elements of any software proprietary to Sprint.
(b) Where software is provided with a Product or Service,
Customer is granted a non-exclusive and non-transferable license or
sublicense to use the software, including any related documentation,
solely to enable Customer to use the Products and Services in
accordance with the applicable licensing requirements. Software
licensing terms and conditions of Sprint’s software vendors are
provided through click and use screens, shrink-wrap notices, physical
copies delivered at the time of Product or Service installation, or copies
posted by Sprint on its rates and conditions website
(http://www.sprint.com/ratesandconditions). Sprint may suspend,
block or terminate Customer’s use of any software if Customer fails to
comply with any applicable licensing requirement.
(c) The parties shall cooperate with each other and execute
such documents as may be deemed reasonably necessary to achieve the
objectives of this provision. In no event shall Sprint be precluded from
developing for itself, or for others, products, services, or materials that
are competitive with, or similar to, the Products and services provided
under this contract. In addition, Sprint shall be free to use its general
knowledge, skills, and experience, and any ideas, concepts, know-how,
and techniques within the scope of its business practices that are used
in the course of providing the Products and services to the State.
3.12 Offshore Performance of Work Prohibited. Sprint is not in a position to
agree that all employees and subcontractors who may perform services in
support of Arizona will be located in the United States or will be U.S. citizens
Page 46
Western States Contracting Alliance
or provide any certification to that effect. However, Sprint is willing to
negotiate in good faith regarding commercially reasonable personnel security
provisions to be included in a final agreement with Arizona.
4.2 Delivery - Delivery shall be in accordance with the Proposed WSCA MSA.
Accordingly, Sprint respectfully takes exception to this requirement.
4.3 Applicable Taxes – Sprint respectfully takes exception to this provision and
proposes the following alternative:
Sprint will recognize and honor all validly and properly issued and
executed tax exemption certificates delivered by the State and will not bill
the State for any such exempted taxes. Sprint's rates and charges for
products and services do not include taxes. The State will pay all applicable
taxes for which it does not hold a valid tax exemption, including, but not
limited to, sales, use, gross receipts, excise, VAT, property, transaction, or
other local, state, national taxes or assessments imposed on or based upon
the provision, sale or use of products and services. Notwithstanding any
other provision of the Agreement, if the State’s jurisdiction requires the
State to deduct or withhold separate taxes from any amount due to Sprint,
the State must notify Sprint in writing. Sprint will then increase the gross
amount of the State's invoice so that, after the State’s deduction or
withholding for taxes, the net amount paid to Sprint will not be less than
the amount Sprint would have received but for the deduction or
withholding.
5.2 Subcontracts – Sprint respectfully takes exception to this provision. Since
Sprint agrees that it will assume all responsibility for its subcontractors, Sprint
does not agree with State’s right to approve or reject Sprint subcontractors or
subcontractor personnel, nor does Sprint agree to provide details of the terms
and conditions of the agreement between it and subcontractors. As prime
vendor, Sprint is responsible for overall service performance and requires the
ability to manage its subcontractors as necessary to fulfill the overall service
performance if and when a subcontractor is required.
As additional clarification, Sprint does not consider local exchange carriers to
be Sprint subcontractors and will not be responsible for the actions or inactions
of access providers. In addition, Sprint does not consider the State’s
subcontractor approval rights or other subcontractor requirements set forth in an
RFP or any resulting contract to be applicable to any agreements, subcontracts
or other business arrangements between Sprint and its Affiliates, roaming
partners, suppliers, subcontractors or any third-parties relating to the provision
of any Products or Services purchased or used by the State (collectively,
“General Supply & Support Agreements”) where such General Supply and
Support Agreements were entered into for the purpose of providing Products
and Services to Sprint customers generally (as opposed to specifically for the
State).
6. Risk and Liability – Risk and liability shall be in accordance with the
Proposed WSCA MSA. Accordingly, Sprint respectfully takes exception to
these requirements.
7. Warranties – Warranties, if any, shall be in accordance with the Proposed
WSCA MSA. Accordingly, Sprint respectfully takes exception to these
requirements.
8.2 Stop Work Order – Sprint respectfully takes exception to these requirements
Page 47
Western States Contracting Alliance
as not being applicable to the products and services being offered by Sprint.
Sprint is not proposing construction, maintenance or repair work related to State
property.
8.4 Nonconforming Tender – Sprint respectfully takes exception to this
requirement. Termination and remedies shall be in accordance with the
Proposed WSCA MSA. - Sprint also respectfully takes exception to inclusion
of the Uniform Commercial Code as being part of the applicable law governing
the contract. The Proposed WSCA MSA and the terms and conditions
negotiated between the parties shall take precedence over the UCC.
9.4 Termination for Convenience – Sprint has read, understands and will
comply, subject to the notice requirements under the Proposed WSCA MSA
relating to terminations for convenience.
Amendment
#2
9.4 Termination for Default – Termination for default, shall be in accordance
with the Proposed WSCA MSA. Accordingly, Sprint respectfully takes
exception to these requirements.
Sprint has read and understands, and respectfully proposes the following
clarification to this definition:
“Participating Entity” shall be any Department, Division or Agency of the State
of Nevada, participating NASPO/WSCA states, and authorized local entities,
including Eligible Non-Profit Entities.
The terms “Customer” and
“Participating Entity” shall be interchangeable in this RFP.
1
ASSUMPTION SUMMARY FORM
RFP Section
Number
RFP Page
Number
2
8
3.3
11
Assumption
(Complete detail regarding assumptions must be provided)
Roaming Agreement: Sprint assumes “us” is intended to be “use” in this
definition.
Sprint is currently providing reporting required by WSCA to the Lead State
of Nevada for each Participating Addendum executed by a Participating
Entity. Sprint assumes that the required reporting by WSCA will continue
to be compiled at the Participating Addendum level. Should WSCA require
reporting at the billing account level, Sprint will meet with WSCA to
discuss mutually agreed upon reporting data and formats.
Page 48
Western States Contracting Alliance
Page 49
Western States Contracting Alliance
Tab IV
Optional Services
The optional services presented after the Equipment Protection Programs may require WSCA
members to sign separate terms and conditions outside of the WSCA Master Agreement.
Equipment Protection Programs
WSCA can protect your wireless assets with any one of three Sprint options for device replacement
and repair:
♦ Total Equipment Protection (TEP)
♦ Equipment Replacement Program (ERP)
♦ Equipment Service and Repair Program (ESRP)
Details on these programs for phones, smart devices and connection cards are:
**A $100 deductible applies for “advanced wireless devices”. TEP, ERP or ESRP cannot be covered on Tablets,
Laptops or other equipment. The full list of phones can be found on www.sprint.com/TEP.
Total Equipment Protection
The best value for WSCA to protect your equipment is Sprint’s TEP. This coverage combines the
protection offered in the ERP and the ESRP for devices active on the Sprint account at the time of the
incident.
TEP provides insurance coverage for your active Sprint devices from loss, theft, physical or liquid
damage, plus provides service contract repair or replacement for mechanical or electrical problems,
normal wear and tear and routine maintenance. Customers are allowed three ERP insurance
replacements in any 12-month period, with a non-refundable deductible of $50 or $100 for advanced
wireless devices, for each approved request. Repairs or replacement under the ESRP are at no
additional charge. Replacement of equipment will be of the same or a comparable model.
Replacement equipment may be reconditioned.
Page 50
Western States Contracting Alliance
TEP Key Benefits for Businesses
♦ All phone issues are covered for a predictable monthly expense. Corporate-liable (CL)
customers receive up to a $2 discount per enrolled device, depending on volume.
♦ CL customers who want to enroll 10+ lines can do so at anytime – the 30-day enrollment
restriction is waived.
♦ TEP enables employees covered by CL accounts to resolve issues without going through their
company administrator – they can visit a store or contact Care to resolve their issues directly.
♦ Sprint has service locations throughout the country to support repairs; subscribers can access
service conveniently and not risk being without their phone and losing contacts and other
content.
♦ The loss, theft or physical claim process is fast and convenient on www.phoneclaim.com, with
instant claim approval and email notification. Phones are replaced quickly to lessen the
impact of missed business opportunities. Replacement phones are delivered the next day if the
claim is filed by 10 p.m. CT.
♦ Specific high-risk or high-cost devices can be protected – not all phones on the business
account must be covered.
Replacement and Repair Programs
Either of the two programs included in TEP are available separately:
♦ Equipment Replacement Program: The ERP, underwritten by Continental Casualty
Company, covers the replacement of your Sprint or Nextel device in the event of loss, theft,
physical or liquid damage. Subscribers are allowed three replacements under this program in
any 12-month period. A non-refundable deductible of $50 or $100 for advanced wireless
devices, applies for each approved replacement.
♦ Equipment Service & Repair Program: The ESRP covers the service and repair or
replacement of your Sprint or Nextel device for mechanical or electrical problems, normal
wear and tear and routine maintenance. The malfunctioning device must be turned in at the
time of replacement.
Individual Service Options
Service and Repair Centers, conveniently located around the U.S., provide programs for equipment
repairs. The following table describes service and repair options and related charges if you choose not
to enroll in one of the Equipment Protection Programs.
Option
Turnaround
Price
Sprint Phone Repair Center Service
1-3 business days
Without TEP or ESRP, a perVisit one of 1,400 Sprint Phone Repair
Not all phones are eligible
incident service fee of $35 will be
Centers for face-to-face service. For the
charged for both in-warranty and
nearest location, visit
out of warranty service.*
www.sprint.com/storelocator
Customer Care
1-3 business days
Without TEP or ESRP, a perCall Customer Care for self service and
All devices ship standard
incident service fee of $35 will be
request a replacement for a defective or
overnight
charged for both in-warranty and
non-working phone.
out of warranty service.*
*Service Fee covers devices with mechanical or electrical failure due to defect, normal wear and tear, missing
components, cracked housing/LCD, or broken hinges/ports/lenses.
Not Covered: Lost or stolen devices, liquid damage or corrosion, battery, accessories and damage beyond
repair.
Repaired or replaced equipment is covered from hardware or software failure for 30 days. Customers
will receive a repaired or replaced unit at no charge if the equipment exhibits software or hardware
failure within 30 days from time of original repair. The Service Center determines whether the
Page 51
Western States Contracting Alliance
equipment is repaired or replaced. The customer must return to the original repair location for this
policy to apply.
Pricing for Wireless Priority Service
The Federal government has provided pricing for use by all carriers to eliminate wireless carrier
selection based upon WPS pricing differentials.
Wireless Priority Service is available with three options of pricing:
♦ WPS is available add on to the Public Safety Value Package for an additional $1.00 MRC.
Usage charge is $0.75 per minute. (Nextel users only)
♦ A la carte pricing $4.50 MRC with a usage charge is $0.75 per minute.
♦ WPS is bundled into the Federal Law Enforcement Rate Plans. Usage charge is $0.75 per
minute. (Both Sprint and Nextel users)
*Wireless Priority Service minutes used are NOT deducted from customer’s rate plan.*
A-la-carte Pricing
♦
$4.50 monthly fee/subscriber plus $0.75/minute fee
Recurring Fees
WPS will be Sprint billed and seen on a monthly invoice.
Priority Connect Pricing
Two convenient pricing options are available for Enterprise customers wishing to purchase Priority
Connect (available to be added to any rate plan) – (Note: PC is bundled into a rate plan called the
Public Safety Value Package.)
Plan
Price
Volume Purchase, decreasing charge per sub (50+ $100/account per month; $1 per sub per month (NET)
units)
A la Carte, low volume purchases (less than 50 units)
$3 per month (NET)
Please note the prices above are not subject to discount and do not include applicable taxes or fees.
Page 52
1254
Handset Pricing
Suggested Retail Price
Flat Rate (valid through April 16, 2011)
WSCA Promo (valid through April 30, 2011)
Phone Features
1 Click Experience
Attachment Viewing
Band: Dual
Bluetooth Enabled
Camera - 2.0MP
Camera - 3.2MP
Camera - 5.0 MP
Carry Holster Included
Color Screen
Contacts/Phonebook Entries
Downloadable Applications and Games (Java)
Downloadable Ring Tones
Downloadable Wallpapers
Dual Band Frequency
External Display (Clam style phones)
GPS-Enabled
GPS-Enabled (911)
Hearing Aid Compatibility M4/T4
Hearing Aid Compatible (HAC) M3/T3
Hearing Aid Compatible (HAC)2 M4
Hearing Aid Compatible M4/T3
Memory Card
Micro-SD Slot
Mobile Broadband
MP3/Media Player
Multi-Language
Multimedia
NASCAR Mobile Cup
Operating System- Opera 9.5 Web Browser
Picture Mail
Picture Mail- MMS
QWERTY Keyboard
Speakerphone
Touchscreen/Stylus
TV/Music
USB Port
Video Capture/Playback
Video Mail
Voice Activated Dialing
Voice Recorder
Web
Web, Games, Messaging, Ringers
Wireless Backup
Phone Details
Color Options
Dimensions
Battery Type
Weight w/Battery (oz)
Talk Time
Available
Available
Available
LG Rumor Touch
Sanyo Taho
Sanyo Innuendo (6780)
$279.99
$29.99
$0.99
$299.99
$99.99
$29.99
$249.99
$29.99
N/A
$229.99
FREE
N/A
$249.99
$29.99
N/A



























Available
Available
Samsung Reclaim M560 Samsung Restore (M570)







































































































blue, red (EOL), purple
4.2" x 2.2" x 0.6"
1200 mAH Li-Polymer
4.7 oz
Up to 7 Hours
Black
4.0”x 2.0”x 0.9”
1050 mAh Li-Ion
4.7 oz.
6.1 hours
Blue
4.1" x 2.2" x 0.6"
820 mAh Li-Ion
3.8 oz
Blue-EOL Green, &
3.87" x 2.32" x 0.61"
Standard Li-ion 100
3.5 oz
Up to 6 hours
Midnight and Limeade
4.6”X 2.1”x 0.6”
1160 mAh Li-Polymer
4.3 oz.
Up to 6 hours
CDMA EVDO

Sprint Device Pricing for WSCA Band 3 8/6/2014 9:26 AM
Pricing Sheet RFP 1907
Vendor Name and Contact: Sprint Solutions, Inc. Gray Sigler ([email protected])
General Information
Enter all information directly into the relevant Excel spreadsheet cells. Enter numbers on form in “number” (two-place decimal), not “currency” or other
format unless otherwise stated. Omit dollar signs, commas, and any other non-essential symbols. (e.g., $11.90 should be entered as 11.90) Prices
must be in US Dollars. Enter “0” if there is no charge. Cells left blank will be interpreted as “no offer.” A "No Offer" bid may disqualify the vendor
from that category.
Broadband
Discount
Net Pricing
Overage Fees
Rollover
Units
Available
0.00
37.99
N/A
No
0.00
37.99
0.25/MB
(Roaming over
300MB only)
No
42.99
0.00
42.99
0.05/MB
No
29.99
0.00
29.99
0.05/MB
No
Detail any additional plan specifics below:
Basic Plan
List Price
Unlimited Data Package
3G Unlimited
Broadband
37.99
Limited Data Package
3G/4G Unlimited
Broadband
37.99
5GB Embedded
Broadband (Netbooks,
Direct Sales only)
3G Tablet Pricing (2GB)
# Units
included
These plans are custom plans designed for WSCA Members and the discounts are factored into the pricing. These plans are more aggressively
priced than nationally available plans. Additional discounts do not apply. Applicable taxes and fees are not include. Please see additional conditions
provided in Cost Proposal: Band 2.
Pricing Sheet RFP 1907
Vendor Name and Contact: Gray Sigler ([email protected])
General Information
Enter all information directly into the relevant Excel spreadsheet cells. Enter numbers on form in “number” (two-place decimal), not “currency” or other format unless otherwise stated. Omit
dollar signs, commas, and any other non-essential symbols. (e.g., $11.90 should be entered as 11.90) Prices must be in US Dollars. Enter “0” if there is no charge. Cells left blank will
be interpreted as “no offer.” A "No Offer" bid may disqualify the vendor from that category.
Usage Summary -- Voice Service
The following is an estimate of the total number of subscribers within participating states in the Western States Contracting Alliance. The number represents the total number of line
subscribers accross all WSCA states and from all current suppliers. California's total number of lines were removed from this estimate as they have submitted a RFP for Cellular service last
year.
Estimated number of
subscribers:
1,718,154
Vendors may provide additional services as options. These must be noted as "additional services" on a separate sheet. Please identify how these options will tie into "Basic" or "Advanced Plan" discounts.
For SMS and Broadband that is inclusive of the wireless services (i.e., smart phones), state the additional charge (if any) for those features in the cell, then describe the addtional charge on a seperate sheet
for clarification. For example, adding broadband may reduce the monthly charge on the original plan but then add a fee for the broadband. For the original plan, under broadband please write "NA" and then
under the combo plan list the monthly charge, the charge for broadband, then explain those two charges together make up the total monthly charge and state the units (unlimited, 1500 messages, 1000 mb,
etc.). Broadband services that are a "standalone", and not "bundled" as part of a wireless service offering must be submitted on the Broadband Pricing Sheet.
Vendors must define peak times and set identical peak times for all plans.
Basic Equipment Package & Equipment Discounts
Equipment
All Basic
List discount for equipment purchased not included in Basic Plans. Discount shall
Basic Equipment- at no charge for all plans: (Handset, AC Power
Plans
be off of list price and not to exceed general public pricing.
Adapter/Charger, Compatible Handsfree Accessories)
Provide
Flat Rate Promotion Pricing on wireless devices, which is at least 39% discount off the 1 year net price, defined as the
for:
suggested retail price less $75.00. WSCA corporate-liable subscribers will have deeper discounts on certain handsets.
Please see Band 3 Cost Proposal for current handset pricing.
Discount shall be applied to the prevailing market pricing which includes all solicitations, promotions or contractual offerings.
8/6/2014
Sprint Pricing for WSCA Band 1
Vendor Name and Contact: Gray Sigler ([email protected])
Pricing Sheet RFP 1907
Option 1: Fixed Price Plans (no discount)
Shared-Minute Basic Plan shall include the following Features:
Minimum Minutes included in plan as requested
Free local calls and Natl. long distance calling for all Peak time
minutes included in plan
Unlimited off-peak minutes
Free On-network roaming
In the Additional Line column indicate the cost for each additional phone sharing minutes on the plan. Additionally indicate the maximum number of phones that can
be shared on each plan.
Basic rate plan for
Included
Roaming
Rollover Minutes Available
Price
Additional Line
Overage Fees
Broadband
SMS Text
indiviual or shared
Minutes
Charges
minutes
WSCA Flat Rate Plan (Not
No
9.00
0
na
included
0.06 min
na
0.20
a shared minute plan)
WSCA Flat Rate Plan with
unlimited Direct Connect
(Not a shared minute plan)
600 voice only (Not a
shared minute plan)
15.00
0
na
included
0.05 min
na
0.20
No
29.99
600
na
included
0.25
na
0.20
No
Free Mobile-to-Mobile Minutes for calls placed to and from
subscribers of the supplier
Unlimited voice only( Not a
shared minute plan)
59.99
unlimited
na
included
na
na
0.20
No
SMS Text Messaging
Everything Business Plan
(Not a shared minute plan)
89.99
unlimited
na
included
na
unlimited
unlimited
No
Shared-Minute Advanced Plan must include all features in the
Basic Plans plus the following:
Advanced rate plan for
indiviual or shared
minutes
Price
Included
Minutes
Additional Line
Roaming
Charges
Overage Fees
Broadband
SMS Text
Rollover Minutes Available
BlackBerry Bundle 400
BlackBerry Bundle 700
BlackBerry Bundle 1000
Pro Pack 400
Pro Pack 700
Pro Pack 1000
49.99
59.99
69.99
49.99
59.99
69.99
400
700
1000
400
700
1000
na
na
na
na
na
na
included
included
included
included
included
included
0.25
0.25
0.25
0.25
0.25
0.25
na
na
na
na
na
na
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
No
No
No
No
No
No
Basic Plan
List Price
Included
Minutes
Discount
Net Pricing
Roaming
Charges
Broadband
SMS Text
Overage Fees
Rollover Minutes Available
Business Essentials 400
39.99
400
10.00
29.99
included
na
na
0.25
No
Business Essentials 1000
Business Essentials 1400
Business Advantage Talk
450 Plan
Business Advantage Talk
900 Plan
59.99
79.99
1000
1400
15.00
20.00
44.99
59.99
included
included
na
na
na
na
0.25
0.25
No
No
39.99
450
10.00
29.99
included
na
na
0.25
No
59.99
900
15.00
44.99
included
na
na
0.25
No
Advanced Plan
List Price
Included
Minutes
Discount
Net
Pricing
Roaming
Charges
Broadband
SMS Text
Overage Fees
Rollover Minutes
Available
Data enabled devices with unlimited Data usage
Walkie-Talkie
SMS Text messaging unlimited
Option 2: Discount Off Existing Plans
Shared-Minute Basic Plan shall include the following Features:
Minimum Minutes included in plan as requested
Free local calls and Natl. long distance calling for all Peak time
minutes included in plan
Unlimited off-peak minutes
Free On-network roaming
Free Mobile-to-Mobile Minutes for calls placed to and from
subscribers of the supplier
Night & Weekends starting at 7PM
Shared-Minute Advanced Plan and Individual-Minute Plans
must include all features in the Basic Plans plus the following:
8/6/2014
Sprint Pricing for WSCA Band 1
Pricing Sheet RFP 1907
Data enabled devices with unlimited Data usage
Walkie-Talkie
SMS Text messaging unlimited
Night & Weekends starting at 7PM
Unlimited any mobile, anytime
8/6/2014
Vendor Name and Contact: Gray Sigler ([email protected])
Everything Data 450
Everything Data 900
Business Advantage
Messaging 450
Business Advantage
Messaging 900
Business Advantage
Messaging 2000
69.99
89.99
450
900
17.50
22.50
52.49
67.49
included
included
unlimited
unlimited
unlimited
unlimited
0.45
0.40
No
No
49.99
450
12.50
37.49
included
unlimited
unlimited
0.25
No
69.99
900
17.50
52.49
included
unlimited
unlimited
0.25
No
109.99
2000
27.50
82.49
included
unlimited
unlimited
0.25
No
Sprint Pricing for WSCA Band 1