Amendment 0001.pdf

15B50023Q00000003/0001 Page 1 of 13

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 13

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

08/30/2023

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

15B500CODE

Federal Bureau of Prisons South Central Regional Office 344 Marine Forces Drive Grand Prairie, TX 75051

Abigail Arriaga aarriaga@bop.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15B50023Q00000003

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/08/2023

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

15B50023Q00000003 Amendment 0001 issued to extend the deadline to September 08, 2023 @ 9:00 a.m. CT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Abigail Arriaga Contracting Officer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

15B50023Q00000003/0001 Page 2 of 13

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.228-16 Performance and Payment Bonds - Other Than Construction (Nov 2006) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Nov 2021) 52.213-3 Notice to Supplier (Apr 1984) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-13 Patent Rights-Ownership by the Government (Dec 2007) 52.232-25 Prompt Payment (Jan 2017) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jun 2023) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) OBD-01 Electronic Signatures (MAY 2019)

3 List of Attachments 4 Solicitation Provisions

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Section 1 - Commodity or Services Schedule

Unique Entity Identifier___________________

TIN Number____________________

Cage Code_____________________

Email:___________________________

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 CRV Air Cooled Condenser Bldg 345 DSCC

This project basis for design is CRO35RA air-cooled 35kW with DX Cooling Coil(s). Contractor shall supply and install (2) new Liebert air handlers in server room located inside DSCC Building 345 including (2) associated Liebert air-cooled condenser units on rooftop with disconnects. (1) system to be set up as redundant system.

See attached SOW

Note: The successful contractor shall be responsible for all applicable Federal, State, and local taxes. No tax exemption certification will be issued by the FBOP.

PSC: 4120

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

Section 2 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated

15B50023Q00000003/0001 Page 4 of 13 herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

15B50023Q00000003/0001 Page 8 of 13

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.210-1 Market Research (Nov 2021)

52.213-3 Notice to Supplier (Apr 1984)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-13 Patent Rights-Ownership by the Government (Dec 2007)

52.232-25 Prompt Payment (Jan 2017)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jun

2023)

52.246-1 Contractor Inspection Requirements (Apr 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form) (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV

2020)

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DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable

Information

DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements

DOJ-02 Contractor Privacy Requirements (JAN 2022)

DOJ-03 Personnel Security Requirements For Contractor Employees (Nov

2021)

OBD-01 Electronic Signatures (MAY 2019)

Clauses By Full Text

1.1 SOW

STATEMENT OF WORK Designation and Sentence Computation Center/Grand Prairie Office Complex- PROJECT Install CRVs DSCC

I. SPECIFICATIONS:

A. INTRODUCTION

A.1 The Federal Bureau of Prisons (FBOP), South Central Regional Office U.S. Armed Forces Reserve Complex 344 Marine Forces Drive, Grand Prairie, TX 75051, intends to make a single award to a responsible entity that will provide all necessary equipment, labor, materials, and incidentals to install two In-Row CRV Systems for server room located inside the Designation and Sentence Computation Center (DSCC) Building 345. All equipment specified in this statement must be brand name or an equal product. Should your firm choose to submit an equal product, you must submit all technical specification of the equal product to be analyzed and a technical determination issued with acceptance/non-acceptance.

B. SCOPE OF WORK

Install CRV In-Row 10-Ton System(s) This project basis for design is CRO35RA air-cooled 35kW with DX Cooling Coil(s) and a period of performance of 182 calendar days. Contractor shall supply and install (2) new Liebert air handlers in server room located inside DSCC Building 345 including (2) associated Liebert air-cooled condenser units on rooftop with disconnects. (1) system to be set up as redundant system.

Scope of Work Clarification -Rooftop installation shall include required roof rails and roofing patch back ensuring no water leaks. ***(Ref. Attachment D)*** -Contractor shall provide all required crane and rigging.

-New systems will utilize R410A or R407A refrigerant.

-Air Handler units to be installed on floor location inside server room with best air flow determined on-site by contractor.

***Reference Attachment B for current rack location(s).***

- Certified contractor shall install new line sets from condenser to air handlers, install both 24v control wire and CANbus communication wire between indoor and each outdoor condenser.

-Install (2) 480v 3ph 50-amp dedicated circuits to Liebert air handlers. Install (2) 480v 3ph 15-amp dedicated circuits to Liebert condenser on rooftop with disconnects. (All existing electrical distribution equipment is currently Square D brand) ***Reference Attachment B for electric panel locations and estimated feet required for power runs. *** -Install copper 3/8 supply domestic water piping from mechanical room to each air handler for humidifiers.

-Install condensate drain piping from each air handler to a floor drain in the mechanical room.

-Pressurize refrigerant line set and check for leaks.

-Pull vacuum online set below 500 microns.

-Charge system with factory charge. -Factory start up on installed equipment.

-Include 1 Year entire parts and labor warranty.

B.1 Reference Documentation

1. Attachment A (Work Site Building 345 – First Floor)

2. Attachment B (Existing Electric Panel and Server Rack Locations) 2. Attachment C (Server Room install location with dimensions)

3. Attachment D (Pictures of Roof Access Points, roof pathways, and proposed condenser locations)

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C. QUALITY ASSURANCE/INSTALLATION REQUIREMENTS

The Contractor shall notify the COR a minimum of five (5) days prior to the final testing of manufacturer start up and certification so that arrangements can be made to have BOP required staff available to observe testing. A complete plan detailing test procedures must be submitted to the COR no later than (5) days in advance for final operational checks and testing of the CRV system(s).

All seismic zone requirements, environmental compliance, Life Safety, NFPA, ADA-ABA, and Federal, State and Local codes and regulations will be considered during all phases of this project.

Services and materials provided by the contractor will adhere to and shall be consistent with the most current industry standards, the Underwriters Laboratories (UL) and the General and the National Electric Code (NEC) It is the contractor’s responsibility to obtain permitting, should it be required. Copies of all permits must be submitted to the COR upon receipt from local agency.

D. UTILITIES

The FBOP will provide water, use of restrooms and minimal electricity service (120V) for small hand power tools including battery chargers. The contractor will provide all other equipment, supplies and materials needed to complete this project.

E. TESTING AND ACCEPTANCE

The Contractor shall notify the COR (2) working days prior to the final system testing and certification so that arrangements can be made to have BOP required staff available to observe manufacturer start-up and testing. A complete plan detailing test procedures must be submitted to the Contracting Officers Representative (COR) in advance for final check out and testing of the complete system.

F. HOUSEKEEPING AND MATERIAL DISPOSAL

The contractor awarded the contract will be responsible to ensure the premises are always kept clean and free from accumulations of waste materials and rubbish. The contractor will remove all debris, scrap, and rubbish from the work area daily. Surplus materials and all equipment shall be promptly removed from the site upon completion of the work. The Contractor shall be responsible to remove all debris and waste materials from the job site at South Central Regional Office site upon conclusion and acceptance of the project.

These items must be disposed of in accordance with all Federal, State, and local laws.

G. SUBMITTALS & TRAINING

Submittals:

1. The contractor shall provide written submittals to the COR describing recommended equipment within (3) days from receiving the Notice to proceed for approval.

2. If required all security clearance paperwork/documentation shall be submitted to the COR a minimum of (3) working day prior to the start of work.

3. The Contractor shall prepare and provide to the COR for approval, PDF file specifications of all material and products prior to their use. Submittals will be prepared as PDF package and transmit to Government by sending via email. Contractor shall also provide three (3) copies of the Safety Data Sheets (SDS) on all materials and substances that may be used during the course of the project. In the event the material is not approved by the Safety Manager, it shall be the responsibility of the Contractor to locate and procure an alternative product.

4. For security and safety purposes, forty-eight (48) hour advance notice in writing, prior to disruption to the system must be given to the Contracting Officer and COR.

5. Provide complete narrative descriptions of all system operations.

6. The contractor shall provide an Installation Certification of the completed and tested systems that contains an affidavit signed by the contractor and manufacturer’s representative, notarized, certifying that the complete systems meet the contract requirements and is fully operational per the manufacturer's recommendations.

7. Any deviations from this Statement of Work will be considered a Change Order Request and must be authorized through the institution’s Contracting Officer prior to the implementation of the requested change.

8. It is the Contractor’s responsibility to repair and/or replace any Government property damaged by contractors/subcontractors’ employees. Damage will be corrected and restored to previous condition at no cost to the Government.

9. It shall be the Contractor’s responsibility for obtaining all measurements and data requirements to comply with manufacturer’s installation recommendations. All installations must be in accordance with product manufacture’s recommendations.

Training:

Upon completion of the installation, testing, and acceptance by the Government, the contractor shall provide operation/maintenance manuals for each piece of equipment/system installed.

The contractor shall furnish manufacturer’s factory-certified training and provide system certification for two (2) Bureau of Prisons employees, thus enabling them to maintain and repair all equipment and systems.

II. CONTRACTOR SECURITY/WORKING REGULATIONS

A. Work Hours:

Work Hours for the contractor are 7:00 AM – 4:00 PM, Monday - Friday, excluding weekends and federal holidays. Any work required to be completed at any other time than noted above must be requested in writing to the COR five (5) working days prior to the start of the work. In the event of any equipment being replaced that would result in downtime of the normal orderly running of the institution, alternate work hours may be authorized in accordance with the time frame stated above.

Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in at the facility, as

15B50023Q00000003/0001 Page 11 of 13 working hours may not constitute a full eight-hour workday. The Government assumes no responsibility to the Contractor nor to any of his subcontractors for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal institution routines.

B. Delivery of Materials:

All construction materials/equipment required for work on this project is required to be processed by the Contractor and coordinated with the institution COR for temporary storage.

Any construction related deliveries which are directly shipped to the contractor can be received between the hours of 7:00 a.m. to 12:00 p.m., Monday through Friday, excluding Federal Holidays. At no point will a Bureau of Prisons (BOP) staff member receive or sign for a delivery if the contractor or his representative is not present to verify and accept the delivery.

Under no circumstances will SCRO or its staff be responsible for the acceptance of any Contractor or company deliveries. The contractor shall be responsible for providing their own means of loading and unloading contractor material or equipment.

C. Storage of Materials and Equipment:

Construction materials may be stored on site on a mutual agreeable location designated by the COR. Tools shall not be stored on site and must be brought in daily by the contractor.

All tools will be inventoried prior to beginning work and will be inventoried back in to ensure accurate accountability when leaving at the end of each workday.

Materials cannot be stored at a height that would create a fall hazard. All tools will be inventoried prior to entering the Institution. At the start of each workday all tools will be inventoried out on a daily tool inventory sheet and at the end of the work day all tools will be inventoried back in to ensure accurate accountability of all tools at the end of each work day.

All contractor owned extension cords that will be used during the project, regardless of length, shall be in good condition with no broken outer Insulation.

D. Security Clearance/Contractor Badges:

All contractors and subcontractor employees will provide a check list of all employees on site each day to the COR, verifying the number of workers on site each day and that all workers are approved to be on site E. Safety and Personal Protective Equipment:

All contractors and employees shall have and wear the required personal protective equipment (PPE) prescribed by industry standards at all times while on the job site. It is the responsibility of the contractor to provide all PPE equipment. Should a system require Lock-out/Tag-out, the system will be required to have both Contractor and GPOC locks on the isolation point to prevent shock. All Lock-out/Tag-out procedures will be in compliance with the complex Lock-out program.

F. Additional Considerations:

1. Pre bid site visit will be held at South Central Regional Office, DSCC Building 345, U.S. Armed Forces Reserve Complex 344 Marine Forces Drive, Grand Prairie, TX 75051. All potential bidders are highly encouraged to attend.

2. Bonds and Insurance will be required for this project.

3. Federal smoking policy on Federal property states that smoking is only allowed in outdoor designated areas. This policy will be strictly enforced.

52.228-16 Performance and Payment Bonds - Other Than Construction (Nov 2006)

(a) Definitions. As used in this clause--

"Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, 15B50023Q00000003/0001 Page 12 of 13 cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause) The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:

PER ACCIDENT OR OCCURRENCE FOR BODILY INJURY $500,000

This insurance shall include contractor's protective and contractual liability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with the following minimum limits:

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $ 20,000

1.2 Submittals

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, all materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor.

The submittal process is in place to allow the Government the opportunity to determine whether materials or procedures used by the contractor are in accordance with contract requirements. It is ultimately the Contractor's responsibility via the quality control process to ensure submittal items installed under the contract and work performed on site are in accordance with industry standards and general practices.

(a) The types of submittal requirements specified in this contract may include, but is not limited to; shop drawings, product data, samples, certificates of conformance or compliance, certified test or inspection reports, equipment, materials, and miscellaneous work related submittals for construction. Individual submittal requirements are generally specified in applicable sections for each unit of work in the specifications and/or as a whole in one section in the statement of work.

(b) The Bureau of Prisons (BOP) Contracting Officer’s Representative (COR) shall act for the Contracting Officer in the review and acceptance of all submittals. The Contractor shall submit submittals as required by the contract/specifications to the COR for

15B50023Q00000003/0001 Page 13 of 13 transmittal to the Contracting Officer. Fabrication of any work or purchase or use of any submittals (such as materials for which samples are required or equipment, etc.) shall not take place until written acceptance is given by the COR, except at the Contractor's own risk.

(c) The Contractor shall submit all shop drawings and submittals sufficiently in advance (unless otherwise specified in the specifications) of the construction requirements to allow ample time for checking, re-submitting, and re-checking.

(d) Failure of any materials to pass their specified tests shall be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment which has previously proven unsatisfactory in service.

(e) The Contracting Officer’s or designee’s approval or acceptance of submittals is not to be construed as a complete check. Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor is responsible for the satisfactory construction of all work. The Contractor is responsible for delivering a final product/system that is operational as intended by the contract requirements, regardless of any Government approvals or acceptance of submittals. The Government assumes no liability during the submittal approval/acceptance process. It is the sole responsibility of the Contractor to deliver a properly functioning product or system.

[END OF ADDENDUM TO FAR 52.212-4]

Section 3 - List of Attachments

No Clauses

No Attachments

Section 4 - Solicitation Provisions

No Clauses