Notice of Agreement Between the Commonwealth of Massachusetts and OpenCape

This solicitation announces a non‑competitive purchase of an indefeasible right‑to‑use (IRU) dark‑fiber on a broadband backbone that OpenCape Corp. will build across Cape Cod. The Commonwealth of Massachusetts, via the Information Technology Division, acquires a permanent fiber right valued at $5 million, funded in part by federal and state broadband grants. The agreement is exempt from standard competitive procurement rules, and no open bidding deadline is provided. • Purchase of a permanent IRU fiber right (dark‑fiber) on OpenCape’s network. • Funding includes a $32 million NTIA/ARRA grant and a $5 million state grant from the Massachusetts Broadband Institute. • Exempt from competitive bidding under Mass. Gen. Laws § 801 CMR 21.05(2); no public bid opening date is listed. • Primary state contact is Linda Hamel (Info Contact) for questions and record requests. • The agreement is intended for state agency use and may be offered to municipalities, but the contract is a one‑time, indefinite‑duration rights acquisition.