IX SERVICE LEVEL AGREEMENT

IX.1 SERVICE LEVELS, BY CLASS of SERVICE

Unless otherwise specified, all classes of Voice, Connectivity and Managed service in this RFP must be delivered at levels that meet or exceed
the technical specifications for each Class of Service detailed in this RFP.

IX.1.1 Operations Service Levels

Service Levels for ordering, installing, cutting-over, fault management and maintenance and facilitating end user acceptance of all services
must meet the criteria in this RFP. Failure to provide these types of service activities in a timely manner may result in the assessment of
Liquidated Damages.

IX.1.1.1 Mean Time To Respond/Repair (MTTR)

The Contractor shall respond to Troubles and Outages (defined in footnote 2 of the following table), and repair such problems, in
accordance with the standards contained in the following table. The Contractors responsibility to respond/repair exists, when there is a
Trouble or Outage, without regard to whether or not the Contractor was at fault in causing such Trouble or Outage. These services shall,
for the Types of Trouble listed below, and without regard to the time of day or day of week (including holidays), be performed in
accordance with the Response Times and Restoral Times contained in the following table. It should be noted that the numbers in the two
columns should not be added together; the time in the Restoral Time column includes any time that the Contractor takes to respond to a
Trouble or Outage.

“Response Time” begins to be counted at the time that an Authorized User notifies the Contractor of a Trouble or Outage, or the
Contractors network management organization determines that such a Trouble or Outage exists on its own. Response Time concludes
when the appropriate staff of the Contractor commences performance of remedial services, either in person or (if a Trouble is capable of
being remedied remotely) remotely. In no case is acknowledgment of receipt of notification of a Trouble by the Contractors service
organizations or the simple generation of a trouble ticket to be construed or defined as a “response.”

“Restoral Time” (which is sometimes, in the industry, referred to as “Mean Time To Respond/Repair”) also begins to be counted at the
time that an Authorized User notifies the Contractor of a Trouble or Outage, or the Contractors network management organization
determines that such a Trouble or Outage exists on its own. As used in this RFP, the terms “restoral,” “restoration” and “repair” are
synonymous. Restoral Time ends when the Trouble is cleared and the Authorized User confirms service restoration. The service levels in
the following table are for each individual incident not averages or means.

The Contractor is required to make a record (known as a “trouble ticket”) for each such Trouble or Outage, containing at a minimum the
time of commencement, time of response, and time of repair.

TYPE OF TROUBLE2 RESPONSE TIME Meet Exceed Does Not

 Requiremen Requirement Meet
t Requirement
Non-Critical1 2 hour or less
Meets
Requirement

Critical1, single line/circuit 1 hour or less

Meets
Requirement

Centrex, 1MB/POTS, Flexpath-Like Service, 1 hour or less Service Not

Analog Trunk Lines (DID, DOD and Bid
Combination),Off-Premises Extensions (OPXs),
DS-0 Circuits and ISDN BRI Circuits
ATM, T-1, T-3, Frame Relay, ISDN (PRI), DSL, 1 hour or less Service Not
and OC3 to OC192+ Bid

Critical1, multiple lines/Circuits 1 hour or less

Meets
Requirement

Significant ( over 25% of installed base) Service IMMEDIATE

Meets
affecting Outage Requirement

Catastrophic ( over 50% of installed base) Service IMMEDIATE

Outage2 Loss of any Critical Contracting agency, Meets
Requirement
department or organization
Critical Circuit, Critical Multiple Lines/Circuits, Every15 Minutes
Meets
Significant and Catastrophic Services affecting Requirement
Outage. – Status Updates
(Complete chart, provide additional explanations if required)

TYPE OF TROUBLE2 RESTORAL TIME Meet Exceed Does Not

Requiremen Requirement Meet
t Requirement
 Non-Critical1 5 hour or less
Meets
Requirement

Critical1, single line/circuit 3 hour or less

Meets
Requirement

Centrex, 1MB/POTS, Flexpath-Like Service, 4 hour or less Service Not

Analog Trunk Lines (DID, DOD and Bid
Combination),Off-Premises Extensions (OPXs),
DS-0 Circuits and ISDN BRI Circuits
ATM, T-1, T-3, Frame Relay, ISDN (PRI), DSL, 3 hour or less Service Not
and OC3 to OC192+ Bid

Critical1, multiple lines/Circuits 3 hour or less

Meets
Requirement

Significant ( over 25% of installed base) Service 2 hours or less

Meets
affecting Outage Utilize escalation Requirement
List procedures
Catastrophic ( over 50% of installed base) Service 1 hour or less
Outage2 Loss of any Critical Contracting agency, Immediately Meets
Requirement
department or organization Employ Disaster
Recovery Plan;
Inform all levels of
Contractor
technical/
management
on escalation
list
Critical Circuit, Critical Multiple Lines/Circuits, Not
Significant and Catastrophic Services affecting Applicable
Outage. – Status Updates
(Complete chart, provide additional explanations if required)
1
Services indicated as being “critical” or “priority” or “public health and safety” shall, for purposes of the above table, all be deemed to be covered
by the label “critical.” The State and Authorized Users reserve the right, upon at least seven days’ advance notice to the Contractor, to designate the
products, circuits, services and Authorized User, departments or organizations deemed to be “critical,” or “priority,” or “public health and safety,”
and the Contractor shall be bound by such designations. Other services, for purposes of the above table, shall be deemed “non-critical.”
2
The definition of “Outage” or “Trouble” or “Service-Affecting Trouble” is defined as any circuit, product or service that does not operate within
contracted service level agreements. For purposes of this RFP, the terms are considered to be synonymous. See LIQUIDATED DAMAGES (below)
for liquidated damages that may be assessed for failure to respond to or repair a Trouble or Outage within the contractual timeframe(s).

IX.2 SERVICE MAINTENANCE REQUIREMENTS

Upon successful installation of network services to the Authorized User, the Contractor is required to provide the highest level of network service
maintenance and network service “uptime” to the Authorized User. The following sub-sections address the minimum requirements for post
installation network service maintenance by the Contractor.

IX.2.2 Service Level Agreements (Connectivity Services)

OGS and the Authorized Users require Service Level Agreements (SLA) on all Connectivity Services proposed in response to Section IV of
this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed Connectivity Services.

SLA Connectivity SPECIFIC Location

Services Bid or SLA
(Page/Section)
or
Service
Not Bid
Standard SLA’s (fiber-optic IV.8.5)
(cable-modem IV.9.5)
Optional SLA

(Complete, provide additional explanations if required)

IX.2.3 Service Level Agreements (Managed Services)

OGS and the Authorized Users require Service Level Agreements (SLA) on all managed services proposed in response to Section V of this
RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice Internet Access (only service bid in this
category) services.
 Managed Services SLA Meet Exceed Does Not Meet
Requirement Requiremen Requirement
t

IX.2.3.1 Service Level Agreements (Internet Services - IP)

Meets
Network Availability Guarantee - 100% Requirement
The IP Network must be guaranteed to be available and capable of forwarding IP
packets 100% of the time, as averaged over a calendar month. The IP network
includes the customers access port (the port on the providers aggregation router
upon which the customers circuit terminates) and the IP backbone network. The
IP backbone network includes owned and controlled routers and circuits
(including any transit connections). The Network Availability guarantee does not
include the local access circuit (e.g. local loop), Customer Premise Equipment
(router or CPE) or Customers Local Area Network (LAN), scheduled
maintenance events, customer caused outages or disruptions, interconnections to
or from and connectivity within other Internet Service Provider (ISP) networks,
and force majeure events.
If the Network Availability guarantee is not met in a calendar month, the
customer will receive a credit of 1/30th of the monthly recurring charge (MRC) Meets
Requirement
for that month for each full hour of outage in excess of the 100% guaranteed
under this SLA.
Latency Guarantee (65 Milliseconds)
Bidders must agree that the Contractors IP backbone network must be guaranteed Meets
Requirement
to have an average round trip packet transit time within the IP backbone network
over a calendar month of 65ms or less. The average latency is measured as the
average of 15-minute samples across the IP backbone network taken throughout
the month. The Latency guarantee will not include the local access circuit (e.g.
local loop), CPE or Customers LAN, scheduled maintenance events, customer
caused outages or disruptions, interconnections to or from and connectivity
within other ISP networks, and force majeure events.
If the Latency guarantee is not met in a calendar month, the customer will receive
a credit of 1/30th of the monthly recurring charge (MRC) for that month for each Meets
Requirement
full 1ms above the 65ms average maximum guaranteed under this SLA.
Packet Loss
Bidders must agree that the maximum average packet loss will be 1 percent or Meets
Requirement
less during any calendar month. If the Packet Loss guarantee is not met in a
calendar month, the customer will receive a credit of 1/30th of the monthly
recurring charge (MRC) for that month for each full percentage above the 1
 percent average maximum guaranteed under this SLA.
Packet Loss will not include the local access circuit (e.g. local loop), CPE or
Customers LAN, scheduled maintenance events, customer caused outages or Meets
Requirement
disruptions, interconnections to or from and connectivity within other ISP
networks, and force majeure events.
(Complete, provide additional explanations if required)

SLA Managed Services SPECIFIC Location

Bid or SLA
(Page/Section)
or
Service
Not Bid
Standard SLA’s V.1.6

Optional SLA

(Complete, provide additional explanations if required)

IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS

Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of
the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc.
Meet Exceed Does Not Meet
Requirement Requirement Requirement
IX.3.7 Critical Maintenance Requirements
It is required that bidders Customer Service Representative or Technical
Meets
Specialist remain in constant communication with the reporting Authorized Users Requirement
Representative while service testing is performed by bidders on the affected
network service.
Bidders must complete all testing of the affected circuits or network service
Meets
within 30 minutes of the initial service call by the reporting Authorized User. Requirement
Bidders must provide reports or records, upon the Authorized Users request, of
all required network service testing to confirm compliance with the 30 minute Meets
Requirement
testing requirement listed above.
Should the affected network service not be repaired via remote access, the
Meets
Contractor must have a qualified technician, suitably equipped for the installed Requirement
service, on site at the Authorized Users location within two (2) continuous hours
from the time of initial trouble report.
The Authorized User understands the tentative nature of ensuring that a repair to
Meets
any network service is completed in a set period of time. Thus, bidders are Requirement
required to meet all response times listed above. In regards to repair of the
service to normal operating status, bidders is required to use commercially
reasonable efforts to repair the service within four (4) continuous hours of the
initial trouble call from the reporting entity.
In the event bidders experiences extraordinary obstacles to its repair of the
Meets
affected network service within the required four (4) continuous hour time-to- Requirement
repair, bidders must notify the reporting entity and provide a detailed plan of
repair, including how bidders will provision alternative service during the service
disruption.

Meet Exceed Does Not Meet

Requirement Requirement Requirement
IX.3.8 Emergency Maintenance Requirements
Additionally, the Contractor must provide the following for network services
listed in the “emergency maintenance” category:
• Bidders must commence testing of the affected network service within 30
Meets
minutes of receipt of the trouble report from the Authorized User. Requirement
• Bidders must complete all testing of the affected circuits or network service
Meets
within 60 minutes of the initial service call by the reporting Authorized User. Requirement
• Bidders must provide reports or records, upon the Authorized Users request,
Meets
of all required network service testing to confirm compliance with the 60 minute Requirement
testing requirement listed above.
• Bidders must contact the reporting Authorized User within 60 minutes of the
Meets
initial trouble report by the Authorized User with the results of its remote testing. Requirement
• Should the affected network service not be repaired via remote access, the
Meets
Contractor must have a qualified technician, suitably equipped for the installed Requirement
service, on site at the Authorized Users location within four (4) continuous hours
from the time of initial trouble report.
• The State of New York understands the tentative nature of ensuring that a
Meets
repair to any network service is completed in a set period of time. Thus, bidders Requirement
are required to meet all response times listed above. In regards to repair of the
service to normal operating status, bidders is required to use commercially
reasonable efforts to repair the service within eight (8) continuous hours of the
initial trouble call from the reporting Authorized User. In the event bidders
experiences extraordinary obstacles to its repair of the affected network service
within the required eight (8) continuous hour time-to-repair, bidders must notify
the reporting Authorized User and provide a detailed plan of repair, including
how bidders will provision alternative service during the service disruption.

Meet Exceed Does Not Meet

Requirement Requiremen Requirement
t
IX.4 ROUTINE MAINTENANCE REQUIRMENTS
Additionally, the Contractor must provide the following for network services
listed in the “routine maintenance” category:
• Bidders must commence testing of the affected network service within two
Meets
(2) hours of receipt of the trouble report from the Authorized User. Requirement
• Bidders must complete all testing of the affected circuits or network service
Meets
within four (4) hours of the initial service call by the reporting Authorized User. Requirement
• Bidders must provide reports or records, upon Authorized Users request, of
Meets
all required network service testing to confirm compliance with the four (4) hour Requirement
testing requirement listed above.
• Bidders must contact the reporting Authorized User within four (4) hours of
Meets
the initial trouble report by the Authorized User with the results of its remote Requirement
testing.
• Should the affected network service not be repaired via remote access, the
Meets
Contractor must have a qualified technician, suitably equipped for the installed Requirement
service, on site at the Authorized Users location within eight (8) business hours
from the time of initial trouble report. (For the purposes of this RFP, business
hours are considered to be between 8:00 am and 6:00 pm, Monday through
Friday.)
• The Authorized User understands the tentative nature of ensuring that a repair
Meets
to any network service is completed in a set period of time. Thus, bidders is Requirement
required to meet all response times listed above. In regards to repair of the
service to normal operating status, bidders is required to use commercially
reasonable efforts to repair the service within 16 business hours of the initial
trouble call from the reporting Authorized User. In the event bidders experiences
extraordinary obstacles to its repair of the affected network service within the
required 16 business hour time-to-repair, bidders must notify the reporting
Authorized User and provide a detailed plan of repair, including how bidders will
provision alternative service during the service disruption.

Meet Exceed Does Not Meet

Requirement Requirement Requirement

Meets
IX.5 MAINTENANCE / SERVICE HOURS Requirement

Hours of operation vary between Authorized Users. The Contractor must

determine the actual hours for maintenance service required by the
Authorized User. This may include a request by the Authorized User to
provide service (24) hours-a-day, seven (7) days-a-week, 365 days a year.
 Meet Exceed Does Not Meet
IX.6 RESTITUTION Requirement Requirement Requirement

Meets
IX.6.1 Credit for “Down Time” Requirement
The Contractor must credit the reporting Authorized User for any service
"downtime" experienced during the monthly billing cycle. “Credit must be
issued when “downtime” exceeds the Mean Time To Respond/Repair (MTTR) as
defined in Section IX.1.1.1” In addition, credit must be issued when a particular
network service experiences “downtime” on more than one occasion during the
monthly billing cycle. Bidders must state the percentage or rate of compensation
to be applied for circuit downtime based on the services contracted.

IX.6.3 Failure to Install Circuit or Commence Service on Due “For the

Date Contractor’s
failure to
Failure to install and/or deliver the services within required time frames
install a
may result in the assessment of liquidated damages, as follows:
circuit or
commence
ƒ For the Contractors failure to install a circuit or commence service by
service by
the required due date, a credit of Fifty Dollars ($50) per day may be
the
assessed for the first fifteen (15) days, and One Hundred Dollars
committed
($100) per day for each additional day, up to forty-five (45) calendar
install date,
days.
a credit of
1/30th of the
monthly
charges
shall be
credited for
each day
late, up to
thirty (30)
days. After
thirty (30)
days, User
can cancel
circuit.]
 ƒ If the installation delay is more than forty-five (45) calendar days,
then, by written notice to the Contractor, the Authorized User may
terminate the Authorized Users order for the Contractor to install the
circuit(s) and or service(s) and the Authorized User may have the
circuit(s) installed and or service(s) provided by a substitute vendor.
In this event, the Contractor would also be liable for all reasonable
costs incurred by the Authorized User in obtaining such substitute
services which are in excess of the contracted charges.

IX.6.4 Service Credits for Failure to Respond/Repair Troubles

Failure to Respond/Repair Troubles in the timeframes specified above,
after the Contractor has been notified of the Trouble by the Authorized
User (or determining a Trouble on its own through its network
management facilities) may result in liquidated damages, assessed as
follows:
ƒ Failure to Respond/Repair any Non-Critical trouble within five (5)
hours - A credit of fifty ($50.00) dollars per hour shall be assessed for
each additional hour or part thereof over the five-hour response/repair
period that the Trouble was not repaired; and the amount deducted
from the monthly invoice.
ƒ Failure to Respond/Repair Critical Single-Line/Circuit within Three
(3) hours - A credit of one hundred ($100.00) dollars per hour shall be
assessed for each additional hour or part thereof over the three-hour
response/repair period that the Trouble was not repaired; and the
amount deducted from the monthly invoice.
ƒ Failure to Respond/Repair Centrex, 1MB/POTS, Flexpath-Like
Service, Analog Trunk Lines (DID, DOD and Combination), Off-
Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits
Within four (4) hours - A credit of fifty ($50.00) dollars per hour shall
be assessed for each additional hour or part thereof over the four-hour
response/repair period that the Trouble was not repaired; and the
amount deducted from the monthly invoice.
ƒ Failure to Respond/Repair ATM, T1, T3, Frame Relay, ISDN (PRI),
DSL and OC-3 to OC-192 Circuits Within three (3) hours – A credit
of one-thirtieth (1/30) of the circuit monthly cost shall be assessed for
every hour or part thereof over the three-hour response/repair period
that the Trouble was not repaired; and the amount deducted from the
monthly invoice. This shall not exceed the total monthly cost of the
 circuit.
ƒ Failure to Respond/Repair Critical Multiple Line/Circuit Within Three
(3) Hours - A credit of One Hundred ($100.00) dollars per hour shall
be assessed for each additional hour or part thereof over the three-
hour response/repair period that the trouble was not repaired; and the
amount deducted from the monthly invoice.
ƒ Failure to Respond/Repair Emergency Service Outages within 45
minutes – For not responding immediately to Declared Emergency
Service Outages determined by the Authorized User to be the
responsibility of the Contractor, a credit of one full months recurring
charge for the applicable circuits or services shall be assessed against
the Contractor. Failure to repair within 45 minutes shall result in the
credit assessment of one months recurring monthly charges for the
entire service category (i.e., ATM, T1, OC-3 etc.).
ƒ Failure to Respond to Significant Service-Affecting Outage
Immediately or Repair Significant Service-Affecting Outage Within
two (2) Hours – For not responding immediately to a Significant
Service-Affecting Outage determined by the Authorized User to be
the responsibility of the Contractor, a credit of one full months
recurring charge for the applicable circuits or services shall be
assessed against the Contractor. Failure to repair within two (2) hours
shall result in the credit assessment of one month’s recurring monthly
charges for the entire service category (i.e., ATM, T1, OC-3 etc.).
ƒ Failure to Respond to Catastrophic Service-Affecting Outage
Immediately or Repair Catastrophic Service-Affecting Outage Within
one (1) Hour – For not responding immediately to a Catastrophic
Service-Affecting Outage determined by the Authorized User to be
the responsibility of the Contractor, a credit of one full months
recurring charge for the applicable circuits or services shall be
assessed for each hour or part thereof that the Contractor fails to
respond. Failure to repair within one (1) hour shall result in the credit
assessment of one month’s recurring monthly charges for the entire
service category (i.e., ATM, T1, OC-3 etc.).
ƒ Failure to Provide Timely Quarter-Hour Status Updates for Critical
Circuit, Critical Multiple Line/Circuit/s, Declared Emergency
Service-Affecting Outage or Significant or Catastrophic Service-
Affecting Outage – For not providing timely quarter-hour status
reporting a credit of one tenth (1/10) months recurring charge for the
 circuits or services not reported on in a timely manner shall be
assessed for each quarter-hour update that the Contractor fails to
provide in a timely manner. Failure to timely report for longer than
one (1) hour shall result in the credit assessment of one month’s
recurring monthly charges for the circuit or service not reported on.

IX.6.5 Chronic Service Outages / Unsatisfactory Performance User’s

A credit of one months recurring charge may be applied for a circuit or remedy will
service meeting the definition of Chronic Service Outage in section be limited to
above. one (1)
month’s
credit, plus
continuation
of service
for up to
ninety (90)
days at no
additional
cost to User
In any subsequent month in which a circuit or service has an Outage after
qualifying as a Chronic Service Outage, a credit of one months total
recurring charge for the circuit or service may be assessed for that month,
in addition to any other liquidated damages that may be assessable for
failure to repair.
When a Chronic Service Outage exists for a circuit or service, the
Authorized User may direct the Contractor, at no cost to the State or
Authorized User to replace the circuit or service with a new one; and the
Contractor shall install the new circuit or service in the most expeditious
timeframe for installation of a new circuit/service contained in the
contract.
In the event that an Authorized contract user determines that the service
provided is unsatisfactory and the contractor is deemed to be in breech of
contact and the Authorized user must replace the services with
comparable service from another contactor the contractor in breach will
be responsible for:
• providing continued services during the transition period at no
 additional cost to the Authorized User
• all transition expenses or additional costs
• assessed damages
Meets
IX.6.6 Critical / Priority / Public Health and Safety Requirement
Services
Failure by the Contractor to respond within the required time to any three
(3) Outages in any consecutive three-month period in individual locations
or Authorized User that the State has specified to the Contractor as being
critical to “the public health and safety,” will, in lieu of the liquidated
damages set forth above, may result in the assessment of one months
credit for the entire service category for such individual location or
Authorized User (i.e., ATM, T1, OC-3 etc.). Failure to respond within the
required time to any subsequent Outage within six months following the
third Outage in a consecutive three-month period may, in lieu of the
liquidated damages set forth above, result in an additional assessment of
one months credit for the entire service category for such location or
agency.

IX.6.7 Billing Discrepancies

Failure to resolve and correct any conditions resulting in billing
discrepancies within 60 calendar days after the Contractor received
written notification from the Authorized User may result in liquidated
damages, assessed as follows:
• Failure to correct the discrepancies within 60 calendar days after
Meets
notification - A credit of 150% of any amounts identified as erroneous Requirement
or non-authorized will be assessed for each occurrence and any
payments for the next monthly invoice may be reduced by the
identified amount(s).
• Failure to correct the discrepancies within 120 calendar days after
Meets
notification - A credit of 200% of any amounts identified as erroneous Requirement
or non-authorized will be assessed for each occurrence and any
payments for the next monthly invoice may be reduced by the
identified amount(s).
 Meets
IX.7 INTERFACING WITH THIRD PARTY Requirement
CONTRACTORS
The Contractors Account Team must work in conjunction with any customer
premises equipment (CPE), voice, data or video contractor, utilized by the
Authorized User, to resolve technical issues that may arise during Authorized
Users use of the Contractors communication services thus eliminating the
need for the Authorized User to be a mediator in problem resolution. The
Contractors Account Team must speak directly with the other contractor,
when requested by the Authorized User as the situation requires, ensuring the
resolution of these technical issues by the timeframes detailed in the
maintenance requirements of this RFP document. The Contractor is required
to attend any contractor meeting arranged by the Authorized User to facilitate
the resolution of a technical problem associated with the performance of the
contracted communications network services. Should the contractor (or an
assigned designee) fail to attend this meeting at the agreed upon date and time
without sufficient notice (24 hours) to the Authorized User, the Contractor
shall be responsible to reimburse any other contractor(s) for the time
expended for this missed meeting with the other contractor(s) rate for a two
(2) hour labor charge for one (1) assigned staff member.
Meets
IX.8 ESCALATION PROCEDURES DURING SERVICE Requirement
MAINTENANCE
Bidders must provide escalation procedures to address inadequate
maintenance service of the contracted network service. These escalation
procedures must include multiple levels of management personnel. Access to
additional management personnel must be made available to the Authorized
User upon request. In addition, these procedures must include:
• a list of personnel at each level of escalation (titles/positions in place
Meets
of specific individual names is acceptable); Requirement

• contact telephone, fax, pager, cellular numbers for the personnel listed
Meets
above; Requirement
• methods by which escalation is initiated and conducted; and
Meets
Requirement

• criteria for escalation at each level

Meets
 Requirement

V MANAGED SERVICES – LOT 3

V.1 INTERNET ACCESS SERVICES

V.1.6 Service Level Agreement

Bidders must provide an SLA for all internet and hosting services with the following as a minimum performance levels.
Meet Exceed Does Not Meet
Requirement Requirement Requirement
• On-Net Network % Availability — 100%
Meets
Requirement
• On-Net Network Availability Credits - 1 day of credit for each
Meets
hour, or fraction of hour (15 minutes) that the network is Requirement
unavailable and adversely affects the contracts eligible entity’s use
of services obtained from bidders.
• Off-Net Network % Availability — 100% readability/availability
Meets
via connection to bidders tier I(one) Internet Service Provider(s) Requirement
(ISPs)
• Off-Net Network Availability Credits - 1 day of credit for each
Meets
hour, or fraction of hour (15 minutes), that the connectivity to this Requirement
provider is unavailable/unreliable and adversely affects the
contracts eligible entity’s use of services obtained from bidders.
• On-Net Latency maximum - 30ms round-trip from bidders’
Meets
facility to US backbone core to core Requirement
• On-Net Latency Credits - A credit of one day’s service fee for
Meets
each full msec over Requirement
• Off-Net Latency Maximum - Less than 60ms round-trip monthly
Meets
network wide average to Tier one providers Requirement
• Off-Net Latency Credits - A credit of one day’s service fee for
Meets
each full msec over Requirement
• On-Net Packet-Loss Maximum - Less than 1% from core to core
Meets
site, measured as an average over a one-month period
 Requirement
• On-Net Packet-Loss Credits - A credit of one day’s service fee for
Meets
each full percentage over Requirement
• Off-Net Packet-Loss Maximum - Less than 1% from bidder’s
Meets
regional polling device to their Tier One provider; averaged over a Requirement
monthly period
• Off-Net Packet-Loss Credits - A credit of one day’s service fee for
Meets
each full percentage over Requirement
 XI.1 SERVICE LEVEL AGREEMENT MATRIX

Bidders must complete the following SLA Matrix as applicable to category bid.

SERVICE LEVELS, BY CLASS of SERVICE

Unless otherwise specified, all classes of Voice, Connectivity and Managed service in this RFP must be delivered at levels that meet or exceed
the technical specifications for each Class of Service detailed in this RFP.

Operations Service Levels

Service Levels for ordering, installing, cutting-over, fault management and maintenance and facilitating end user acceptance of all services
must meet the criteria in this RFP. Failure to provide these types of service activities in a timely manner may result in the assessment of
Liquidated Damages.

Mean Time To Respond/Repair (MTTR)

The Contractor shall respond to Troubles and Outages (defined in footnote 2 of the following table), and repair such problems, in
accordance with the standards contained in the following table. The Contractors responsibility to respond/repair exists, when there is a
Trouble or Outage, without regard to whether or not the Contractor was at fault in causing such Trouble or Outage. These services shall,
for the Types of Trouble listed below, and without regard to the time of day or day of week (including holidays), be performed in
accordance with the Response Times and Restoral Times contained in the following table. It should be noted that the numbers in the two
columns should not be added together; the time in the Restoral Time column includes any time that the Contractor takes to respond to a
Trouble or Outage.

“Response Time” begins to be counted at the time that an Authorized User notifies the Contractor of a Trouble or Outage, or the
Contractors network management organization determines that such a Trouble or Outage exists on its own. Response Time concludes
when the appropriate staff of the Contractor commences performance of remedial services, either in person or (if a Trouble is capable of
being remedied remotely) remotely. In no case is acknowledgment of receipt of notification of a Trouble by the Contractors service
organizations or the simple generation of a trouble ticket to be construed or defined as a “response.”

“Restoral Time” (which is sometimes, in the industry, referred to as “Mean Time To Respond/Repair”) also begins to be counted at the
time that an Authorized User notifies the Contractor of a Trouble or Outage, or the Contractors network management organization
determines that such a Trouble or Outage exists on its own. As used in this RFP, the terms “restoral,” “restoration” and “repair” are
synonymous. Restoral Time ends when the Trouble is cleared and the Authorized User confirms service restoration. The service levels in
the following table are for each individual incident not averages or means.

The Contractor is required to make a record (known as a “trouble ticket”) for each such Trouble or Outage, containing at a minimum the
time of commencement, time of response, and time of repair.
 TYPE OF TROUBLE2 RESPONSE TIME SPECIFIC Meet Exceed Does Not
Location Meet
Requirement Requirement Requirement
Bid or SLA

(Page/Secti
on)

or

Service

Not Bid
Non-Critical1 2 hour or less VII.1 X
Troubleshoot
begins when
customer
calls to report
trouble.
Critical1, single line/circuit 1 hour or less VII.1 X
Troubleshoot
begins when
customer
calls to report
trouble.
Centrex, 1MB/POTS, Flexpath-Like Service, Analog 1 hour or less Service Not
Trunk Lines (DID, DOD and Combination),Off- Bid
Premises Extensions (OPXs), DS-0 Circuits and
ISDN BRI Circuits
ATM, T-1, T-3, Frame Relay, ISDN (PRI), DSL, and 1 hour or less VII.1 PRI Only
OC3 to OC192+ Troubleshoot
begins when
customer
calls to report
 trouble.
Critical1, multiple lines/Circuits 1 hour or less VII.1 X
Troubleshoot
begins when
customer
calls to report
trouble.
Significant ( over 25% of installed base) Service IMMEDIATE VII.1 X
affecting Outage Troubleshoot
begins when
customer
calls to report
trouble.
Catastrophic ( over 50% of installed base) Service IMMEDIATE VII.1 X
Outage2 Loss of any Critical Contracting agency, Troubleshoot
department or organization begins when
customer
calls to report
trouble.
Critical Circuit, Critical Multiple Lines/Circuits, Every15 Minutes VII.1 X
Significant and Catastrophic Services affecting Customer can
Outage. – Status Updates contact
trouble center
or dedicated
account team
to support
and provide
frequent
status
updates.
(Complete chart, provide additional explanations if required)
 TYPE OF TROUBLE2 RESTORAL TIME SPECIFIC Meet Exceed Does Not
Location Meet
Requirement Requirement Requirement
Bid or SLA

(Page/Secti
on)

or

Service

Not Bid
Non-Critical1 5 hour or less VII.1 X Mean
Time to restore
within 4 hours.
For FIBER
services only.*

Critical1, single line/circuit 3 hour or less VII.1 X

Mean Time to
Restore
within 3
hours. For
FIBER
services only.*

Centrex, 1MB/POTS, Flexpath-Like Service, Analog 4 hour or less Service Not

Trunk Lines (DID, DOD and Combination),Off- Bid
Premises Extensions (OPXs), DS-0 Circuits and
ISDN BRI Circuits
ATM, T-1, T-3, Frame Relay, ISDN (PRI), DSL, and 3 hour or less VII.1 X
OC3 to OC192+
Mean Time to
Restore
within 3
hours. For
FIBER
services only.*
Critical1, multiple lines/Circuits 3 hour or less VII.1 X

Mean Time to
Restore
within 3
hours. For
FIBER
services only.*

Significant ( over 25% of installed base) Service 2 hours or less VII.10 X

affecting Outage
Utilize escalation Mean Time to
Restore
within 2
List procedures hours. For
FIBER
services only.*

Catastrophic ( over 50% of installed base) Service 1 hour or less VII.1 X

Outage2 Loss of any Critical Contracting agency,
department or organization Immediately Mean Time to
Restore within
2 hours. For
Employ Disaster FIBER services
only.*
Recovery Plan;

Inform all levels of

Contractor

technical/

management

on escalation

list
Critical Circuit, Critical Multiple Lines/Circuits, Not VII.1 X
Significant and Catastrophic Services affecting
Outage. – Status Updates Customer can
contact
 Applicable trouble center
or dedicated
account team
to support
and provide
frequent
status
updates.
(Complete chart, provide additional explanations if required)
1
Services indicated as being “critical” or “priority” or “public health and safety” shall, for purposes of the above table, all be deemed to be covered
by the label “critical.” The State and Authorized Users reserve the right, upon at least seven days’ advance notice to the Contractor, to designate the
products, circuits, services and Authorized User, departments or organizations deemed to be “critical,” or “priority,” or “public health and safety,”
and the Contractor shall be bound by such designations. Other services, for purposes of the above table, shall be deemed “non-critical.”
2
The definition of “Outage” or “Trouble” or “Service-Affecting Trouble” is defined as any circuit, product or service that does not operate within
contracted service level agreements. For purposes of this RFP, the terms are considered to be synonymous. See LIQUIDATED DAMAGES (below)
for liquidated damages that may be assessed for failure to respond to or repair a Trouble or Outage within the contractual timeframe(s).

SERVICE MAINTENANCE REQUIREMENTS

Upon successful installation of network services to the Authorized User, the Contractor is required to provide the highest level of network service
maintenance and network service “uptime” to the Authorized User. The following sub-sections address the minimum requirements for post
installation network service maintenance by the Contractor.

Service Level Agreements (Voice Services)

OGS and the Authorized Users require Service Level Agreements (SLA) on all voice services proposed in response to Section III of this RFP.
Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice services.

SLA Voice Services SPECIFIC Location

Bid or SLA
(Page/Section)
or
Service
Not Bid
Standard SLA’s VII.1

Optional SLA Service Not Bid

(Complete, provide additional explanations if required)

Service Level Agreements (Connectivity Services)
 OGS and the Authorized Users require Service Level Agreements (SLA) on all Connectivity Services proposed in response to Section IV of
this RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed Connectivity Services.

SLA Connectivity SPECIFIC Location

Services Bid or SLA
(Page/Section)
or
Service
Not Bid
Standard SLA’s VII.1

Optional SLA Service Not Bid

(Complete, provide additional explanations if required)

Service Level Agreements (Managed Services)
OGS and the Authorized Users require Service Level Agreements (SLA) on all managed services proposed in response to Section V of this
RFP. Bidders must describe, in their proposal, its standard and optional SLAs for all proposed voice services.

Managed Services SLA SPECIFIC Meet Exceed Does Not Meet

Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
Service Level Agreements (Internet Services - IP)
IX.1.1.3 X
Network Availability Guarantee - 100% Exhibit A Core
The IP Network must be guaranteed to be available and capable of forwarding IP
Network is
packets 100% of the time, as averaged over a calendar month. The IP network designed to
includes the customers access port (the port on the providers aggregation router provide
upon which the customers circuit terminates) and the IP backbone network. The 100%
IP backbone network includes owned and controlled routers and circuits Network
Availability.
(including any transit connections). The Network Availability guarantee does not
Guarantee
include the local access circuit (e.g. local loop), Customer Premise Equipment 99.97%
(router or CPE) or Customers Local Area Network (LAN), scheduled
maintenance events, customer caused outages or disruptions, interconnections to
or from and connectivity within other Internet Service Provider (ISP) networks,
and force majeure events.
If the Network Availability guarantee is not met in a calendar month, the
customer will receive a credit of 1/30th of the monthly recurring charge (MRC) IX.1.1.3 X
Exhibit A Credit not
for that month for each full hour of outage in excess of the 100% guaranteed to exceed
under this SLA. the total
MRC of
Any given
Month for
the specific
circuit.
Latency Guarantee (65 Milliseconds)
Bidders must agree that the Contractors IP backbone network must be guaranteed IX.1.1.3 X
Exhibit A
to have an average round trip packet transit time within the IP backbone network
Credit not
over a calendar month of 65ms or less. The average latency is measured as the to exceed
average of 15-minute samples across the IP backbone network taken throughout the total
the month. The Latency guarantee will not include the local access circuit (e.g. MRC of
local loop), CPE or Customers LAN, scheduled maintenance events, customer Any given
month for
caused outages or disruptions, interconnections to or from and connectivity
the specific
within other ISP networks, and force majeure events. circuit.

If the Latency guarantee is not met in a calendar month, the customer will receive
a credit of 1/30th of the monthly recurring charge (MRC) for that month for each IX.1.1.3 X
Exhibit A
full 1ms above the 65ms average maximum guaranteed under this SLA.
Credit not
to exceed
the total
MRC of
Any given
month for
the specific
circuit.

Packet Loss
Bidders must agree that the maximum average packet loss will be 1 percent or IX.1.1.3 X
Exhibit A
less during any calendar month. If the Packet Loss guarantee is not met in a
Credit not
calendar month, the customer will receive a credit of 1/30th of the monthly to exceed
recurring charge (MRC) for that month for each full percentage above the 1 the total
percent average maximum guaranteed under this SLA. MRC of
Any given
month for
the specific
 circuit.

Packet Loss will not include the local access circuit (e.g. local loop), CPE or
Customers LAN, scheduled maintenance events, customer caused outages or IX.1.1.3 X
disruptions, interconnections to or from and connectivity within other ISP Exhibit A
networks, and force majeure events.
(Complete, provide additional explanations if required)

SLA Managed Services SPECIFIC Location

Bid or SLA
(Page/Section)
or
Service
Not Bid
Standard SLA’s IX.1.1.3 Exhibit B

Optional SLA Service Not Bid

(Complete, provide additional explanations if required)

MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS

Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique
requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for
nonperformance, etc.
SPECIFIC Meet Exceed Does Not Meet
Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
Critical Maintenance Requirements
It is required that bidders Customer Service Representative or Technical
Specialist remain in constant communication with the reporting Authorized Users VII.1 X
Representative while service testing is performed by bidders on the affected
network service.
Bidders must complete all testing of the affected circuits or network service
within 30 minutes of the initial service call by the reporting Authorized User. VII.1 X
 (Applies to
initial
testing).
Bidders must provide reports or records, upon the Authorized Users request, of
VII.1 X
all required network service testing to confirm compliance with the 30 minute
testing requirement listed above. (Applies to
records
normally
retained).
Should the affected network service not be repaired via remote access, the
Contractor must have a qualified technician, suitably equipped for the installed VII.1 X The goal
is withing 1
service, on site at the Authorized Users location within two (2) continuous hours hour of
from the time of initial trouble report. dispatch, but
due to
geographic
disparity, and
weather
conditions this
cannot be
guaranteed.
The Authorized User understands the tentative nature of ensuring that a repair to
any network service is completed in a set period of time. Thus, bidders are VII.1 X
required to meet all response times listed above. In regards to repair of the
service to normal operating status, bidders is required to use commercially
reasonable efforts to repair the service within four (4) continuous hours of the
initial trouble call from the reporting entity.
In the event bidders experiences extraordinary obstacles to its repair of the
affected network service within the required four (4) continuous hour time-to- VII.1 X
repair, bidders must notify the reporting entity and provide a detailed plan of
repair, including how bidders will provision alternative service during the service
disruption.
 SPECIFIC Meet Exceed Does Not Meet
Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
Emergency Maintenance Requirements
VII.1 X
Additionally, the Contractor must provide the following for network services
listed in the “emergency maintenance” category:
• Bidders must commence testing of the affected network service within 30
minutes of receipt of the trouble report from the Authorized User. VII.1 X
• Bidders must complete all testing of the affected circuits or network service
within 60 minutes of the initial service call by the reporting Authorized User. VII.1 X X
TWC will
make every
effort to
accommodate
this
requirement,
but cannot
guarantee
complete
testing due to
unknown site
conditions or
Weather
• Bidders must provide reports or records, upon the Authorized Users request,
of all required network service testing to confirm compliance with the 60 minute VII.1 X
testing requirement listed above. (Applies to
records
normally
retained).

• Bidders must contact the reporting Authorized User within 60 minutes of the
initial trouble report by the Authorized User with the results of its remote testing. VII.1 X
• Should the affected network service not be repaired via remote access, the
VII.1 X
Contractor must have a qualified technician, suitably equipped for the installed
service, on site at the Authorized Users location within four (4) continuous hours Fiber-based
services
from the time of initial trouble report. ONLY*
• The State of New York understands the tentative nature of ensuring that a
VII.1 X
repair to any network service is completed in a set period of time. Thus, bidders
are required to meet all response times listed above. In regards to repair of the Fiber-based
services
service to normal operating status, bidders is required to use commercially ONLY.*
reasonable efforts to repair the service within eight (8) continuous hours of the
initial trouble call from the reporting Authorized User. In the event bidders
experiences extraordinary obstacles to its repair of the affected network service
within the required eight (8) continuous hour time-to-repair, bidders must notify
the reporting Authorized User and provide a detailed plan of repair, including
how bidders will provision alternative service during the service disruption.

SPECIFIC Meet Exceed Does Not Meet

Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
ROUTINE MAINTENANCE REQUIRMENTS
Additionally, the Contractor must provide the following for network services
listed in the “routine maintenance” category:
• Bidders must commence testing of the affected network service within two
(2) hours of receipt of the trouble report from the Authorized User. VII.1 X
• Bidders must complete all testing of the affected circuits or network service
within four (4) hours of the initial service call by the reporting Authorized User. VII.1 X
• Bidders must provide reports or records, upon Authorized Users request, of
all required network service testing to confirm compliance with the four (4) hour VII.1 X (Applies
to records
testing requirement listed above. normally
retained)
• Bidders must contact the reporting Authorized User within four (4) hours of
the initial trouble report by the Authorized User with the results of its remote VII.1 X
testing.
• Should the affected network service not be repaired via remote access, the
VII.1 X
Contractor must have a qualified technician, suitably equipped for the installed
service, on site at the Authorized Users location within eight (8) business hours Fiber-based
services
from the time of initial trouble report. (For the purposes of this RFP, business ONLY.*
hours are considered to be between 8:00 am and 6:00 pm, Monday through
Friday.)

• The Authorized User understands the tentative nature of ensuring that a repair
VII.1 X
to any network service is completed in a set period of time. Thus, bidders is
required to meet all response times listed above. In regards to repair of the Fiber-based
services
service to normal operating status, bidders is required to use commercially ONLY.*
reasonable efforts to repair the service within 16 business hours of the initial
trouble call from the reporting Authorized User. In the event bidders experiences
extraordinary obstacles to its repair of the affected network service within the
required 16 business hour time-to-repair, bidders must notify the reporting
Authorized User and provide a detailed plan of repair, including how bidders will
provision alternative service during the service disruption.

SPECIFIC Meet Exceed Does Not Meet

Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
MAINTENANCE / SERVICE HOURS
VII.1 X

Hours of operation vary between Authorized Users. The Contractor must

determine the actual hours for maintenance service required by the
Authorized User. This may include a request by the Authorized User to
provide service (24) hours-a-day, seven (7) days-a-week, 365 days a year.

RESTITUTION SPECIFIC Meet Exceed Does Not Meet

Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
Credit for “Down Time”
VII.1 X
The Contractor must credit the reporting Authorized User for any service
"downtime" experienced during the monthly billing cycle. “Credit must be (See chart
issued when “downtime” exceeds the Mean Time To Respond/Repair (MTTR) as below for
credits
defined in Section IX.1.1.1” In addition, credit must be issued when a particular associated
network service experiences “downtime” on more than one occasion during the with
monthly billing cycle. Bidders must state the percentage or rate of compensation outages).
to be applied for circuit downtime based on the services contracted.
Failure to Install Circuit or Commence Service on Due Date
VII.1 X
Failure to install and/or deliver the services within required time frames
may result in the assessment of liquidated damages, as follows: For On-net (lit-
buildings) services
ƒ For the Contractors failure to install a circuit or commence service by only.
the required due date, a credit of Fifty Dollars ($50) per day may be
assessed for the first fifteen (15) days, and One Hundred Dollars 1.7 percent of
the MRC per
($100) per day for each additional day, up to forty-five (45) calendar day for the first
days. 15 days, AND
3.3 percent for
each additional
day, up to 60
days.
ƒ If the installation delay is more than forty-five (45) calendar days,
VII.1 X
then, by written notice to the Contractor, the Authorized User may
terminate the Authorized Users order for the Contractor to install the For On-net (lit-
circuit(s) and or service(s) and the Authorized User may have the buildings)
circuit(s) installed and or service(s) provided by a substitute vendor. services only.
In this event, the Contractor would also be liable for all reasonable Applicable if
costs incurred by the Authorized User in obtaining such substitute installation
delay is more
services which are in excess of the contracted charges. than 60 days.
Service Credits for Failure to Respond/Repair Troubles
Failure to Respond/Repair Troubles in the timeframes specified above,
after the Contractor has been notified of the Trouble by the Authorized
User (or determining a Trouble on its own through its network
management facilities) may result in liquidated damages, assessed as
follows:
ƒ Failure to Respond/Repair any Non-Critical trouble within five (5)
hours - A credit of fifty ($50.00) dollars per hour shall be assessed for VII.1 X

each additional hour or part thereof over the five-hour response/repair X

(For Fiber-
period that the Trouble was not repaired; and the amount deducted For Cable-based
based
services, 1.7
from the monthly invoice. services
percent of the
only)
MRC per hour
 over 24 hours

ƒ Failure to Respond/Repair Critical Single-Line/Circuit within Three

VII.1 X
(3) hours - A credit of one hundred ($100.00) dollars per hour shall be
assessed for each additional hour or part thereof over the three-hour (See chart below
response/repair period that the Trouble was not repaired; and the for credits
amount deducted from the monthly invoice. associated with
outages).

ƒ Failure to Respond/Repair Centrex, 1MB/POTS, Flexpath-Like

VII.1 X
Service, Analog Trunk Lines (DID, DOD and Combination), Off-
Premises Extensions (OPXs), DS-0 Circuits and ISDN BRI Circuits (See chart below
Within four (4) hours - A credit of fifty ($50.00) dollars per hour shall for credits
be assessed for each additional hour or part thereof over the four-hour associated with
outages).
response/repair period that the Trouble was not repaired; and the
amount deducted from the monthly invoice.
ƒ Failure to Respond/Repair ATM, T1, T3, Frame Relay, ISDN (PRI),
VII.1 X
DSL and OC-3 to OC-192 Circuits Within three (3) hours – A credit
of one-thirtieth (1/30) of the circuit monthly cost shall be assessed for (See chart below
every hour or part thereof over the three-hour response/repair period for credits
that the Trouble was not repaired; and the amount deducted from the associated with
outages).
monthly invoice. This shall not exceed the total monthly cost of the
circuit.
ƒ Failure to Respond/Repair Critical Multiple Line/Circuit Within Three
(3) Hours - A credit of One Hundred ($100.00) dollars per hour shall VII.1 X

be assessed for each additional hour or part thereof over the three- (See chart below
 hour response/repair period that the trouble was not repaired; and the for credits
associated with
amount deducted from the monthly invoice. outages).

ƒ Failure to Respond/Repair Emergency Service Outages within 45

VII.1 X
minutes – For not responding immediately to Declared Emergency
Service Outages determined by the Authorized User to be the (See chart below
responsibility of the Contractor, a credit of one full months recurring for credits
charge for the applicable circuits or services shall be assessed against associated with
outages for only
the Contractor. Failure to repair within 45 minutes shall result in the the affected
credit assessment of one months recurring monthly charges for the circuits).
entire service category (i.e., ATM, T1, OC-3 etc.).
ƒ Failure to Respond to Significant Service-Affecting Outage
VII.1 X
Immediately or Repair Significant Service-Affecting Outage Within
two (2) Hours – For not responding immediately to a Significant (See chart below
Service-Affecting Outage determined by the Authorized User to be for credits
the responsibility of the Contractor, a credit of one full months associated with
outages for only
recurring charge for the applicable circuits or services shall be the affected
assessed against the Contractor. Failure to repair within two (2) hours circuits).
shall result in the credit assessment of one month’s recurring monthly
charges for the entire service category (i.e., ATM, T1, OC-3 etc.).
ƒ Failure to Respond to Catastrophic Service-Affecting Outage
VII.1 X
Immediately or Repair Catastrophic Service-Affecting Outage Within
one (1) Hour – For not responding immediately to a Catastrophic (See chart below
Service-Affecting Outage determined by the Authorized User to be for credits
the responsibility of the Contractor, a credit of one full months associated with
outages for only
recurring charge for the applicable circuits or services shall be the affected
assessed for each hour or part thereof that the Contractor fails to circuits).
respond. Failure to repair within one (1) hour shall result in the credit
assessment of one month’s recurring monthly charges for the entire
service category (i.e., ATM, T1, OC-3 etc.).
ƒ Failure to Provide Timely Quarter-Hour Status Updates for Critical
VII.1 X
Circuit, Critical Multiple Line/Circuit/s, Declared Emergency
Service-Affecting Outage or Significant or Catastrophic Service- Time Warner
Affecting Outage – For not providing timely quarter-hour status Cable does not
reporting a credit of one tenth (1/10) months recurring charge for the offer an SLA
circuits or services not reported on in a timely manner shall be for status
assessed for each quarter-hour update that the Contractor fails to updates.
 provide in a timely manner. Failure to timely report for longer than
one (1) hour shall result in the credit assessment of one month’s
recurring monthly charges for the circuit or service not reported on.

Chronic Service Outages / Unsatisfactory Performance

VII.1 X
A credit of one months recurring charge may be applied for a circuit or
service meeting the definition of Chronic Service Outage in section
above.
In any subsequent month in which a circuit or service has an Outage after
qualifying as a Chronic Service Outage, a credit of one months total VII.1 X
recurring charge for the circuit or service may be assessed for that month, A credit,
not to
in addition to any other liquidated damages that may be assessable for
exceed the
failure to repair. initial
installation
charge,
will be
applied.
When a Chronic Service Outage exists for a circuit or service, the
Authorized User may direct the Contractor, at no cost to the State or VII.1 X
Authorized User to replace the circuit or service with a new one; and the
Contractor shall install the new circuit or service in the most expeditious
timeframe for installation of a new circuit/service contained in the
 contract.
In the event that an Authorized contract user determines that the service
provided is unsatisfactory and the contractor is deemed to be in breech of VII.1 X
contact and the Authorized user must replace the services with A credit,
not to
comparable service from another contactor the contractor in breach will
exceed the
be responsible for: initial
• providing continued services during the transition period at no installation
additional cost to the Authorized User charge, will
• all transition expenses or additional costs be applied.
• assessed damages
Critical / Priority / Public Health and Safety Services
VII.1 X
Failure by the Contractor to respond within the required time to any three
(3) Outages in any consecutive three-month period in individual locations (For only
or Authorized User that the State has specified to the Contractor as being the affected
critical to “the public health and safety,” will, in lieu of the liquidated circuits).
damages set forth above, may result in the assessment of one months
credit for the entire service category for such individual location or
Authorized User (i.e., ATM, T1, OC-3 etc.). Failure to respond within the
required time to any subsequent Outage within six months following the
third Outage in a consecutive three-month period may, in lieu of the
liquidated damages set forth above, result in an additional assessment of
one months credit for the entire service category for such location or
agency.
Billing Discrepancies
Failure to resolve and correct any conditions resulting in billing
discrepancies within 60 calendar days after the Contractor received
written notification from the Authorized User may result in liquidated
damages, assessed as follows:
• Failure to correct the discrepancies within 60 calendar days after
notification - A credit of 150% of any amounts identified as erroneous VII.1 X
or non-authorized will be assessed for each occurrence and any Time Warner
payments for the next monthly invoice may be reduced by the agrees to credit
identified amount(s). 100% of any
amounts
mutually
identified as
erroneous.
 • Failure to correct the discrepancies within 120 calendar days after
notification - A credit of 200% of any amounts identified as erroneous VII.1 X
or non-authorized will be assessed for each occurrence and any Time Warner
payments for the next monthly invoice may be reduced by the agrees to credit
identified amount(s). 100% of any
amounts
mutually
identified as
erroneous.
INTERFACING WITH THIRD PARTY CONTRACTORS
VII.1 X
The Contractors Account Team must work in conjunction with any customer
premises equipment (CPE), voice, data or video contractor, utilized by the
Authorized User, to resolve technical issues that may arise during Authorized
Users use of the Contractors communication services thus eliminating the
need for the Authorized User to be a mediator in problem resolution. The
Contractors Account Team must speak directly with the other contractor,
when requested by the Authorized User as the situation requires, ensuring the
resolution of these technical issues by the timeframes detailed in the
maintenance requirements of this RFP document. The Contractor is required
to attend any contractor meeting arranged by the Authorized User to facilitate
the resolution of a technical problem associated with the performance of the
contracted communications network services. Should the contractor (or an
assigned designee) fail to attend this meeting at the agreed upon date and time
without sufficient notice (24 hours) to the Authorized User, the Contractor
shall be responsible to reimburse any other contractor(s) for the time
expended for this missed meeting with the other contractor(s) rate for a two
(2) hour labor charge for one (1) assigned staff member.
ESCALATION PROCEDURES DURING SERVICE
VII.1 X
MAINTENANCE
Bidders must provide escalation procedures to address inadequate
maintenance service of the contracted network service. These escalation
procedures must include multiple levels of management personnel. Access to
additional management personnel must be made available to the Authorized
User upon request. In addition, these procedures must include:
• a list of personnel at each level of escalation (titles/positions in place
of specific individual names is acceptable); VII.1 X
• contact telephone, fax, pager, cellular numbers for the personnel listed
above; VII.1 X
 • methods by which escalation is initiated and conducted; and
VII.1 X
• criteria for escalation at each level
VII.1 X

* MTTR is four hours. Amount of Credit for failure to repair are offered based upon the Monthly Recurring Charge and are a percentage of that amount determined
from the chart below.

Per Service Outage Percentage of monthly recurring

charge
0 hours to 4 hours 0 percent
4 hours to 8 hours 05 percent
8 hours to 12 hours 10 percent
12 hours to 16 hours 20 percent
16 hours to 20 hours 30 percent
20 hours to 24 hours 40 percent
Greater than 24 hours 50 percent

Because Time Warner Cable initiates trouble shooting at the time customer opens a ticket with our Customer Service Center, Response Time is immediate. Therefore,
credits only apply to Mean Time to Repair, and are not applicable to Response Times.

Note that maximum credits are limited to monthly recurring cost of service in any given month.

MANAGED SERVICES – LOT 3

INTERNET ACCESS SERVICES
Service Level Agreement
Bidders must provide an SLA for all internet and hosting services with the following as a minimum performance levels.
SPECIFIC Meet Exceed Does Not Meet
Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
• On-Net Network % Availability — 100%
IX.1.1.3 X
• On-Net Network Availability Credits - 1 day of credit for each
hour, or fraction of hour (15 minutes) that the network is IX.1.1.3 X
unavailable and adversely affects the contracts eligible entity’s use
of services obtained from bidders.
 • Off-Net Network % Availability — 100% readability/availability
via connection to bidders tier I(one) Internet Service Provider(s) IX.1.1.3 X
(ISPs)
• Off-Net Network Availability Credits - 1 day of credit for each
hour, or fraction of hour (15 minutes), that the connectivity to this IX.1.1.3 X
provider is unavailable/unreliable and adversely affects the
contracts eligible entity’s use of services obtained from bidders.
• On-Net Latency maximum - 30ms round-trip from bidders’
facility to US backbone core to core IX.1.1.3 X
• On-Net Latency Credits - A credit of one day’s service fee for
each full msec over IX.1.1.3 X
• Off-Net Latency Maximum - Less than 60ms round-trip monthly
network wide average to Tier one providers IX.1.1.3 X
• Off-Net Latency Credits - A credit of one day’s service fee for
each full msec over IX.1.1.3 X
• On-Net Packet-Loss Maximum - Less than 1% from core to core
site, measured as an average over a one-month period IX.1.1.3 X
• On-Net Packet-Loss Credits - A credit of one day’s service fee for
each full percentage over IX.1.1.3 X
• Off-Net Packet-Loss Maximum - Less than 1% from bidder’s
regional polling device to their Tier One provider; averaged over a IX.1.1.3 X
monthly period
• Off-Net Packet-Loss Credits - A credit of one day’s service fee for
each full percentage over IX.1.1.3 X

INTERNET SERVICES
Hosting Services
… Bidders must include with the Web Site and Application Hosting Services a description and copies of all relevant service level agreements
or any other documents in which Bidder addresses its commitments in the following areas:

SPECIFIC Meet Exceed Does Not Meet

Location Requirement Requirement Requirement
Bid or SLA
(Page/Section)
or
Service
Not Bid
• Server response time
Service
Not Bid
• Throughput capacity
Service
Not Bid
• Server uptime and outages
Service
Not Bid
• System redundancy
Service
Not Bid
• Security including network and host-based security
Service
Not Bid
• Software errors
Service
Not Bid
• Rights in data
Service
Not Bid
• User support and escalation procedures
Service
Not Bid
• Description of hosting facility
Service
Not Bid
• Electrical power continuity
Service
Not Bid
• Customer care issues (access to network monitoring and Internet
access statistics; access to trouble ticket and change request Service
Not Bid
system; username and password management or other
authentication procedures).
• Installation
o systems and architecture consulting Service
Not Bid
o project management
o supported server hardware
o server and server peripheral installation
o operating system and web/application server software
 installation and monitoring
o Web site reporting software installation
• Regular services
o proactive network and systems monitoring and notification Service
Not Bid
o Maintenance and support management services
• Problem ticketing, escalation and resolution
Service
Not Bid
• System administration and change management
Service
Not Bid
• Project management
Service
Not Bid
• Report metrics and Web statistics reporting
Service
Not Bid