REQUEST FOR PROPOSAL. List of Services. Wide Area Network (WAN) Managed Internet Service. Network/Router Management. SIP Trunking.

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1 REQUEST FOR PROPOSAL List of Services Wide Area Network (WAN) Managed Internet Service Network/Router Management SIP Trunking Managed Security To be installed for: CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY DUE DATE FOR PROPOSALS: 28 days after Form 461 Posting Date on USAC s Website RFP Prepared by: Dave Kuchar Telecommunications Advisor 1

2 I. RFP INSTRUCTIONS FOR RESPONDENTS DUE DATE FOR PROPOSALS: 12:00PM CST 28 days after Form 461 Posting Date on USAC s Website 1) NOTICE IS HEREBY GIVEN The proposal selected by CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY will become the standard for any possible and future locations to be installed and networked throughout the duration of the agreement. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY reserves the right to award individual components to different carrier providers. 2) PROPOSAL DELIVERY All Proposals must be delivered to CHOCTAW NATION HEALTHCARE SERVICE AUTHORITY s telecommunications advisor Dave Kuchar via by 12:00pm CST 28 days after Form 461 Posting Date on USAC s Website. Proposals delivered after the timeline will be removed from consideration. Dave s address is dkuchar@digital-direction.com. subject line should include Name of company, Lead respondent, and CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY RFP 3) RFP DOCUMENTS All relevant RFP documents must be included in the proposal to be considered valid. Incomplete bid packages may be rejected. 4) CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY RESERVES THE RIGHT to reject any and all request for proposals (RFP), to negotiate changes and modifications in the vendor s response to this proposal, or to waive any informalities or defects in any proposals, should it deem to be in the best interest of CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY to do so. Please note that this is an RFP and not a formal, public bid. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY can negotiate anytime during the process at its discretion but will not be unreasonable or unfair in its evaluation and review of proposals. 5) ANY QUESTIONS REGARDING THE RFP must be referred to Michael Robertson, Digital Direction Senior Technology and/or mrobertson@digital-direction.com by 14 days after Form 461 Posting Date on USAC s Website 6) IN THE INTEREST OF making the best use of all parties time and resources, the RFP is streamlined and will address the key concerns of CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY. Additional Information may be requested up until the deadline. 2

3 MUTUAL NON-DISCLOSURE AND CONFIDENTIALITY: This RFP and all responses are the sole property of CHOCTAW NATION HEALTHCARE. Any distribution of the RFP or responses outside of the intended use will result in immediate dismissal from the RFP process and possible legal action. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and Digital Direction agree to keep all responses confidential unless prior written consent is given. AGREE II. FEDERAL and STATE FUNDING PROGRAMS 1. HEALTHCARE CONNECT FUND Vendors who wish to bid on this Request for Proposal are hereby made aware that CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY intends to participate in the Healthcare Connect Fund program administered by the Universal Service Administrative Company. All vendors are required to have a SPIN(Service Provider Identification Number) or apply to have a SPIN number by completing a Form 498 by the time the bid is due. 2. FAIR AND OPEN COMPETITIVE BID PROCESS CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY is committed to complying with the FCC requirement that the competitive bidding process must be fair and open (see, Healthcare Connect Fund Order, and 47 C.F.R and ). This means that vendors have to be treated equally and all vendors must have access to the same information. 17 O.S. Sec (B)(5) 3. TECHNOLOGY NEUTRAL CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY understands that the competitive bidding process must be technology neutral in order to comply with the Federal Communication Commission competitive bidding rules (see 47 C.F.R and ). Nothing in this RFP is intended to undermine the competitive bidding requirements. Any technology specific information in this RFP is meant to be guidance only. Any vendor, regardless of the technology that the vendor 3

4 uses to provide service, is welcome to submit a bid for this RFP. If the vendor cannot provide the specific technology requested (example: SIP) the vendor should respond with detailed information on exactly what equivalent service the vendor can provide. 4. INVOICING FOR SERVICES RECEIVED/DELIVERED Vendors are hereby given notice that their invoicing practices must align with the expectations of CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY, the Universal Service Administrative Company and the Federal Communication Commission. For services which will be funded through the federal Healthcare Connect Fund, the service provider will need to be in compliance with the rules pertaining to invoicing the program administrator, USAC. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY also has certain invoicing requirements related to how it administratively manages the services provided to it, which are a result of both administrative efficiencies and federal program requirements. As a result, CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY has developed an invoicing methodology which each Vendor providing it services must comply. When submitting bid proposals, the vendor must acknowledge that it is aware of and accepts the following invoicing requirements: All services/goods provided will be invoiced directly to CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY. All invoices must be sent to: Mailing Address: CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY 1 Choctaw Way Talihina, OK Invoices must delineate the charges by healthcare provider. Invoices must include the HCP number assigned by USAC for all charges associated with services provided at the physical location of that healthcare provider. Compliance with this requirement will allow for greater administrative ease for all parties involved in the invoicing process and will allow for faster processing of invoices. Compliance with this requirement will also allow CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY to more easily file a request for funding with USAC. Once the Vendor invoice is received by CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY, the invoice will be reviewed for accuracy. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY will 4

5 send the vendor a remittance in the amount of the non-discounted portion of the invoice (which shall be no less than 35% of the total invoice amount). 5. PAYMENT OF UNDISCOUNTED PORTION, LATE FEES AND INTEREST RATES Vendors responding to this RFP must acknowledge and agree to the following: CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY is only required to pay the estimated undiscounted portion of the eligible cost until such time as USAC issues a funding commitment decision. Vendor will not charge late fees for any period of time during the life of the contract. Vendor will not charge interest fees for any period of time during the life of the contract. 6. OKLAHOMA UNIVERSAL SERVICE FUND (OUSF) Vendors shall comply with all program requirements of the Oklahoma Corporation Commission for providing support through the Oklahoma Special Universal Fund. Vendors are hereby provided notice that CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and/or its consultant will verify with the Oklahoma Corporation Commission that the Vendor has a Certificate of Convenience and Necessity ( CCN ) to operate in all exchanges where services are being sought through this RFP. Vendors may be asked to provide verification that it has CCN status by providing a copy of the CCN in cases where CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and/or its consultant is unable to independently verify that the Vendor has a CCN. Vendors shall comply with statute 17O.S. Sec (B)(5)(b) and 17O.S. Sec (11). 5

6 III. EVALUATION CRITERIA Any and all costs incurred by the vendor in preparing and submitting a proposal are the vendor s responsibility and shall not be charged to CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY or reflected as an expense of the resulting contract(s). Proposed vendor responses will be based on the following evaluation criteria: Cost of Solution 25% Prior experience, including past performance 15% Bandwidth Capabilities 15% Implementation Timeframes 10% Personnel qualifications, including technical experience 15% Contract Modification 10% Compliance with OUSF and USAC 10 % Cost of Solution: Bidder must complete the grid shown in Attachment B. The bidder with the lowest cost will receive the highest score for this evaluation criteria. Prior experience, including past performance: Bidders shall provide documentation to support their experience in providing this type of service by providing: A description of the qualifications, experience, capability and/or capacity of the vendor to successfully provide the broadband solution recommended by the vendor in a complete and timely manner. 6

7 List of client references and/or citations from prior projects where equal services have been provided for projects of similar size and scope. Bandwidth Capabilities: Vendors are to describe their ability to be able to provide the bandwidth requested in the Pricing Attachment, ownership of the underlying facilities, and the type of facilities to be utilized. The vendor s description of their Service Level Agreement will also be evaluated. Implementation Timeframe: Any network build-out that is required by the responding vendors must be designed to work with CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY to prevent connectivity down time for all sites in the consortium. Please include a plan with timeline, and address ability to meet project timeline goals. Identify circumstances that may create project delays. Personnel qualifications, including technical experience: Bidders shall provide documentation to support qualification of personnel and technical excellence of staff who will be assigned to the project. Personnel qualifications, professional designations and certifications, experience with overall installation, integration CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and maintenance capabilities based upon performance record and availability of sufficient high quality vendor personnel with the required skills and experience for the specific approach. Contract Modification: Vendors must provide information as to the scalability of the proposed bandwidth service, specifically: How the service can be extended to new locations added by the consortium at a later date How the service can be extended to any changes in physical location by any consortium member at a later date; and adding new hardware and maintenance contracts at any new site (new entity or change of address for existing entity) that is necessary to provide the requested bandwidth/service. How bandwidth speed can be upgraded (or downgraded) for any participating member of the consortium. This should be accomplished without purchasing new equipment (i.e. no fork-lift upgrades). The consortiums preference is the ability to increase or decrease bandwidth via a change in the software configuration without having to install or remove any hardware modules. All vendors are hereby provided notice that this is not a requirement, but the vendor that proposes this type of configuration will receive the highest possible points for this criterion. Compliance with OUSF and USAC Requirements: Vendors stated knowledge of, and commitment to, the requirements outlined in the OUSF and Healthcare Connect Fund Rules and Regulations section of this RFP will be evaluated. 7

8 TECHNOLOGY ENVIRONMENT AND QUESTIONS The successful bidder will be able to answer the following questions to the satisfaction of CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY. The following were deemed to be key points during pre-bid interviews with the CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY Network and Leadership teams. CURRENT ENVIRONMENT CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY currently utilizes a private MPLS environment installed at each Location. Current head end for the existing network is the Choctaw Nation Health Center in Talihina OK. Existing speeds range from NxT-1 up to fractional gigabit. All voice is carried out to the PSTN via traditional POTs or ISDN PRI. FUTURE ENVIRONMENT CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY prefers a layer 2 WAN or equivalent. Two head ends will be established in Talihina OK as well as the back-up data center that will be constructed in Durant OK. The new WAN shall be fully meshed to permit communications between all locations. If a layer 2 solution or equivalent is not available, then a layer 3 solution or equivalent shall also be considered. Outbound voice communications shall initially utilize existing POTs & ISDN PRIs but will possibly migrate to SIP or equivalent during the initial term of the new contracted solution. The new WAN shall be fully implemented by June 30, Bidders expertise and insight is valued by CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and as such, secondary bids with alternate design and technology will be accepted and considered. Secondary bids should include a brief executive summary entailing the advantages of the solution. PRICING All pricing shall be submitted on the supplied Excel pricing template. The template shall not be altered by the respondent. Any pricing submitted in a format other than the Excel template will not be considered. All construction charges/installation charges/nrcs etc. shall be identified on the pricing template. Failure to disclose these one-time charges on the pricing template will disqualify the vendor from further consideration. 8

9 IV. RFP Questions 1. INSTALL Are you able to provide service level guarantees (SLA) around installation intervals? If so, please provide the standard SLA and client remedy for the following: DS1 - NxT1 - DS3 - Ethernet (10Mbps-1Gbps) - 2. Repair Please provide SLA and remedy for the following: DS1 Outages - NxT1 Outages - DS3 and Above Outages - Ethernet Outages - Jitter SLA - Billing Error SLA - 3. UMBRELLA CONTRACT CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY seeks to have an umbrella contract that ties to a revenue commitment rather than individual sites and circuits. Please detail your ability to accommodate this and any limitations you may have. If unable to deliver umbrella contract, please provide contract requirements for new orders placed after the network has been installed. If unable to provide an umbrella contract and your agreement contains circuit commitment language, please describe the ability to increase and/or decrease circuits. 9

10 4. ACTIVE NOTIFICATION Please provide detail on how you proactively alert the client of outages and missed SLA s and what steps CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY must take to receive remedies on missed SLA s. What product do you use to monitor circuits? Are your NOC facilities in house or outsourced? If in house, is your NOC an owned facility or is it collocated? 5. ACCOUNT MANAGEMENT It is critical for the successful technology partner to understand CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY environment and how technology enables or impacts that environment. Can you contractually agree to regularly schedule technology reviews to discuss the current environment and future technology and business needs for CHOCTAW NATION HEALTHCARE? 6. PRICING Please complete the attached pricing matrix. Note: there are four tabs to be filled in (WAN, MIS, LD & Local). Failure to provide pricing in the attached format will result in removal from considerations (See Attachment A Pricing). 7. SPECIAL PRICING CONSIDERATIONS Please detail any additional pricing considerations you will be providing CHOCTAW NATION HEALTHCARE. These can include, but are not limited to: One Time credits, Signing Bonus, Billing Suppression, Contract Credits, MAC/MARC/MPP Attainment Bonus. 8. NETWORK DIAGRAM Please include a Visio drawing of your proposed network solution(s). 10

11 9. WEB BASED BILLING AND ORDERING PORTAL Please include an attachment with a description of your web based tools for ordering, billing, ticketing, and bandwidth utilization (capabilities, special features, etc ) 10. NON RECURRING CHARGES CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY requires non-recurring charges to be waived throughout the agreement. 11. PRICING (Access Recovery Fee) Please include below your methodology for billing an access recovery fee. Is it a percentage of local loop cost or fixed price? Please provide % or fixed cost below. 12. IMPLEMENTATION Please detail your process to implement new network including specific resources allocated to CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY during the installation. 13. MANAGED WAN SERVICE - CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY internally manages their current environment including hardware procurement and installation. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY would like to investigate out sourcing these functions. Please present your Managed Wan Service offerings and include any collateral. Do you offer managed router services? If so, when a configuration change is made, how will CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY verify changes? Please provide team certifications. What are your remote access requirements? 11

12 How do you manage hardware? Via POTS/Inband/etc? Do you use probes or alternate devices which require an installation in the roll out of your service? If so, please provide make and model # and where they would sit on the network. 14. SIP Trunking Do you offer SIP Trunking? Is your SIP Trunking service available as a bolt on within your cloud or is it available as standalone services or both? How is SIP usage charges calculated? Explain the process for adding bandwidth (Ethernet Access) to an existing SIP Trunking circuit. Does it require a new installation if the existing port need is greater than the access speed? Does your company recommend a formula to determine how many SIP sessions to displace TDM (POTS/PBXTRUNKS/PRI)? Any help in this area would be greatly appreciated. Does your contract afford the ability to pool SIP sessions? Or, are the sessions priced per location? This question particularly pertains to DR for voice. 12

13 In a situation where CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY may be over trunked, will language allow for trunk disconnect with $0 termination liability? For DR purposes, is your SIP pricing model based off of total SIP sessions or sessions configured per location? 15. Managed Security Do you offer managed security services? If yes, please describe the service and capabilities Are managed security services provided by a 3 rd Party? If so, please detail that relationship. Is your managed security services NOC in the domestic US? 13

14 C O N T R A C T U A L C O N S I D E R A T I O N S The following contractual terms must be addressed in the response. Please include in your proposal all applicable contracts and supporting documents. These contracts should be considered executable and include language to address the following items. CC.1 Master Agreement CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and the Bidder will execute a single agreement, which shall incorporate and supersede any existing agreements between the parties for services or products encompassed by this Offer Request, if applicable. Bidder will waive any penalties that CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY would otherwise incur for terminating any such agreements. CC.2 Term of Agreement CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY requires pricing to reflect an agreement of three (3) years. The contract must offer two; separate one-year contract extensions solely at CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY discretion. CC.3 Commitment 14

15 Bidder agrees to provide a single contract with a Total Volume Term Commitment equal to the dollar value of 75% of the adjusted run rate, for a 3 (three) year term, to which all services will apply. The run rate will be calculated by Bidder using the Pricing Workbook supplied with this document. Bidder agrees that no sub-commitments will apply. Bidder agrees to stipulate in the contract that CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY may cancel the contract at any time during the three-year term after the Total Volume Commitment has been attained. CC.4 Services All Bidder service offerings must be covered under the service agreement. Pricing must be included in the contract for all services available to CHOCTAW NATION HEALTHCARE. Included in the contract or as an addendum(s), carrier must include all underlying parameters inherent to each service offering. CC.5 Rate Stability and Indexation CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY requires that the contract include rate stability for the life of the contract. More precisely, CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY requires that the contract stipulate that base rates will not increase for the life of the contract and negotiated discounts will not decrease for the life of the contract. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY also requires that contractual language be included for rate indexation. Should rates, either tariffed or contained within a price list, decrease due to regulatory relief, reductions in cost or technological advances, CHOCTAW NATION HEALTHCARE s rate will decrease by the same percentage. CC.6 Pricing Pricing presented in the response will be valid for 120 days from the response due date. CC.7 Credits 15

16 Please indicate the amount of signing bonus you wish to offer CHOCTAW NATION HEALTHCARE. CC.8 Installation Fees All standard installation fees must be waived for all services ordered for the life of this agreement. No minimum installation term required for waived installation charges. CC.9 Billing Billing must be provided on a monthly basis for documented charges with sufficient detail for CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY to identify and verify the charges against the contract. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY will not pay for disputed charges until the dispute has been settled and, in the event that the dispute was a result of error or omission on the part of the supplier, no late charges or interest will be assessed. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY expects payment terms to be net 45 from date of invoice. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY will not be liable for charges incurred and not billed after 90 days. Billing will be presented in either electronic or paper format or both as specified by CHOCTAW NATION HEALTHCARE. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY account should be flagged as a Do Not Call account relative to billing issues and should be so noted in the supplier s appropriate internal systems. The Account Team is not included under this provision. CC.10 Termination No early termination charges will apply in the event that CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY satisfies the stipulated minimum net dollar amount prior to the end of the contract term. In this event, CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY assumes the right to terminate this agreement without liability for breach of contract. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY must have the right to terminate the agreement without liability if the carrier files for bankruptcy protection or a change in control situation occurs with the carrier during the term of the 16

17 agreement. Any contractually applicable termination charges must not exceed carrier s actual cost of service on revenues not delivered by CHOCTAW NATION HEALTHCARE. CC.11 Dispute Resolution Disputes shall be handled through an escalation procedure, which may be established for each geographic area in which services are provided. At each level, designated managers of CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and Bidder shall meet and attempt to resolve an issue in dispute. If resolution is not achieved within a reasonable time, the dispute will be escalated to the next level of seniority. Issues that remain unresolved after all of the escalation levels have been exhausted may be determined through mediation or arbitration conducted in the geographic area to which the dispute pertains under national arbitration provisions. Please provide your escalation chart along with titles, and contact information. CC.12 Significant Business Changes Bidder agrees to provide a contract which allows for a reduction in commitment in the event of a significant business change affecting CHOCTAW NATION HEALTHCARE. This should include language covering displaced services i.e., a significant business downturn, a business divestiture, or a technology migration to a less expensive Bidder-supplied technology. The reduction in commitment should be specified according to the following formulas: a) If the amount of the displaced services is thirty percent (30%) of the annual commitment or less, then Bidder will reduce the annual commitment by the amount of the displaced services and not adjust CHOCTAW NATION HEALTHCARE's rates and charges. CC.13 Maintenance Windows Bidder agrees to provide a minimum of 15 days written notice of any scheduled maintenance. Bidder agrees to identify if the maintenance is service impacting or non-service impacting. If the maintenance is service impacting, CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY will have the right to 17

18 reschedule the maintenance window. If a maintenance issue exceeds the agreed upon window, the same credit calculation identified for the SLA noted above will be applied. CC.14 Service Guide Bidder agrees that in the event Bidder amends an applicable tariff or Service Guide in a manner that is material and adverse to CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY and Bidder does not affect revisions that remedy the adverse effect within thirty (30) days after receipt of written notice from CHOCTAW NATION HEALTHCARE, then CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY may, as its sole remedy, elect to terminate without incurring penalty the affected Service Components on thirty (30) days written notice. Bidder agrees that in this event, the commitment will be reduced by an amount equal to the annual value of the cancelled services. CC.15 Network Unavailability Bidder agrees that network services will be available 24 hours per day, 7 days per week for CHOCTAW NATION HEALTHCARE s use, except as required to update, enhance, maintain and/or repair the Service. Bidder agrees that it will schedule the performance of these tasks as agreed by CHOCTAW NATION HEALTHCARE. Bidder further agrees that credit allowances for service outages will appear on the next invoice following processing. A service outage will begin when a trouble ticket is opened and ends when the service is restored, as evidenced by the closing of the trouble ticket. CC.16 Network Optimization Bidder shall perform cost and efficiency reviews of the network configuration and service mix every 12 months at no additional charge. Bidder shall make written recommendations to CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY designed to improve the efficiency and cost-effectiveness of the services and make CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY aware of any existing, planned or announced promotional offerings of Bidder, service upgrades or additional services that might be of value to CHOCTAW NATION HEALTHCARE. CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY shall notify Bidder if it wishes to implement Bidder s recommendations. CC.17 Service Level Agreements Bidder agrees to provide all appropriate SLA s for the services being provided to include metric, measurement and remedy. Bidder agrees that SLA s will be based on published levels of performance relative to Voice Services, Data Services, Account Team Support and Billing Services as well as any other service covered within the contract. In particular, Network Services SLA s should be site specific, provide 18

19 end-to-end coverage and focus on service restoration. Bidder agrees to provide appropriate financial recompense to CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY for noncompliance. If performance issues become chronic (as determined by CHOCTAW NATION HEALTHCARE), Bidder agrees that CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY will have the option to install a competitive product to correct the problem, may terminate said service without incurring any penalties and Bidder will reduce the commitment by the amount of service(s) moved. In addition, Bidder agrees to meet with CHOCTAW NATION HEALTHCARE SERVICES AUTHORITY on an annual basis to review the efficacy of the current SLA s and to determine any adjustments required due to changes in CHOCTAW NATION HEALTHCARE s business requirements. 19