15B50922Q0000001-0001.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 28

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

01/06/2022

4. REQUISITION/PURCHASE REQUISITION NUMBER

15B50922PR000070

5. PROJECT NUMBER (If applicable)

15B509CODE

Federal Bureau of Prisons FCI Fort Worth

3150 HORTON ROAD

Fort Worth, TX 76119

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

9A. AMENDMENT OF SOLICITATION NUMBER

15B50922Q00000001

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

01/06/2022

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.)

Increase Period of Performance.

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)

Jimmy Dolloff

(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

01/06/2022 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Statement of Work

3 Contract Clauses

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Nov 2021) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.232-18 Availability of Funds (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

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Section 2 - Commodity or Services Schedule

Construct and Install chair lift in Fort Worth Unit pursuant to attached statement of work All work to be completed within 120 days of award.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Construct and Install chair lift in Fort Worth Unit pursuant to attached statement of work

PSC: 3960

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

2.1 Statement of Work

The Federal Medical Center at Ft. Worth, located at 3150 Horton Road, Ft Worth , TX 76119 has a requirement for the installation of a ADA/ABA wheelchair platform lift. Bidders shall provide a bid based on the requirements of the solicitation. All work described in these documents and all work necessary to complete the work as described or shown is to be executed in a professional and workmanlike manner. Contract award will be made to contractor with the offer most advantageous to the government with a minimum of five years of documented experience with similar projects. Contractor must provide a technician with Certified Accessibility and Private Residence Lift Technician licensing through NAEC National Association of Elevator Contractors. Contractor must provide documentation of experience with installation on similar projects, submittal of sub-contractors with experience alone will not be accepted.

1. INTRODUCTION

1.1 The Contractor is strongly encouraged to attend a pre-bid site visit identified in the solicitation, to satisfy themselves regarding all existing conditions that may affect performance of contract work. The contractor is solely responsible for verifying given dimensions and ensuring all required labor and materials are in their submitted bid. Work shall fully comply with NFPA, ADA-ABA, and Federal, State and Local codes.

2. DESCRIPTION OF WORK

2.1 A. The work will be located at Building #3 (Mental Health Unit) at the Federal Medical Center. The building is inside the secure perimeter and therefore subject to the security protocols specified herein.

B. The work to be performed is to install a wheelchair platform lift from the second floor down to the basement. Refer to the attached drawings for a depiction of the intended installation. Electrical access will be provided to the work site.

C. The equipment and electrical work provided must meet the following requirements:

Code Reference - CSA-B355-00: Lifts for Persons with Physical Disabilities ASME A 18.1: Safety Standard for Platform Lifts and Stairway Wheelchair platformlifts

Emergency Devices - Emergency stop switch near platform controls under platform sensing

- Ramp sensing

- Emergency manual lowering and folding

- Pedestrian safety lights on platform Safety - Final upper limit

- Electrical and mechanical overspeed safety Location - Indoor Lift Color - Durable, electrostatically applied and baked fine textured Satin Grey paint Finish - All Mild Steel tubes and/or towers to be painted 16 go. galvanized steel plate deck

- Deck finish: electrostatically applied non-slip black sandex powder coat

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- Grab bars

- Curved safety arms

- Folding 5 7 /8" Kickplate 7 7/8" Ramps

- 0 Sec. (std.) Change of Direction Delay

- Painted Aluminum Sensing Plate Platform Options - 31 1 /2" x 48" Platform Deck

- Platform Security Lock

- On Board Alarm with Illuminated Emergency Stop (w/ Batt. Backup)

- Folding Seat

- Under Hanger Sensing

- Platform Key Switch

- Plug-in Attendant Remote Control and Socket Capacity - Maximum 660 lb Operating Load Drive - Painted Mild Steel Drive Box (LH)

- Drive box dimensions: 20 1/2"x 10 5/8" x 41 1/2" high Operates via drive cog and roped sprocket using 5/16" wire haul rope Motor - 2.0 HP Power Supply - 208-240 VAC, single phase, 50/60 Hz, on a contractor-supplied 20 amp circuit drawn from a panel located approximately 50 feet from expected drive box location.

Travel Speed - 20 feet/minute, slowing prior to corners and when approaching or departing landings Call Stations - Upper and Lower Call Stations

- Touch-sensitive platform call buttons and platform & ramp power fold buttons with Smart-Lite technology

- Key Switch Operation Call Station Options - 0 Intermediate Stop(s) with Call Station(s) Audio/Visual Alerts - 4 Mild Steel A/V Alert(s)

2.2 The Contractor shall maintain a clean work area and shall promptly dispose of any trash or waste.

2.3 The Contractor shall ensure the installation is in full compliance with manufacturer specifications.

2.4 The Contractor shall verify all existing measurements and conditions prior to ordering materials.

2.5 FMC Ft. Worth will provide staff escorts for all work done at the institution. The contractor will give as much advance notice as possible, but no less than two working days, as to when on-site work will occur, so that scheduling arrangements can be made for by FMC Ft. Worth staff.

2.6 Normal working hours are Monday through Friday, 7:30 am to 3:30 pm excluding Federal Holidays. In the event of weather conditions that present security problems, work will be delayed until the security authority decides the conditions have cleared. If similar weather conditions arise during the work day, work will be stopped and all contractors and equipment will be escorted out until conditions have cleared. All work will be coordinated and approved by the FBOP Contracting Officer Representative (COR) .

2.7 The Contractor shall provide FMC Ft. Worth with a 2 hour notice prior to shutting off any utility services. Additionally, the contractor shall provide a proposed and pre- approved plan of action, 10 Working Days in Advance, to the COR listing expected time lines, down times in utilities, and potential delays in the project in order to allow FMC Ft. Worth to make arrangements as required.

3 CONTRACTOR USE OF PREMISES

3.1 The Contractor shall limit use of the premise to the work indicated, so as to allow for Government occupancy and use. During the entire construction period, the Contractor shall coordinate use of the premises for construction operations with the COR.

1. All visitors to the construction site shall register with FBOP site officials. The contractor shall not allow employees to have personal visitors on site.

2. The project site will be open to the contractor Monday through Friday, with the exception of federal holiday, for the duration of the project. The project schedule is to be based on a normal 40 hours work week. The contractor shall establish a normal week schedule for the duration of the project.

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3. Contraband: The contractor shall inform his/ her employee(s) that intoxicating beverages, drug, weapons, etc., will not be allowed on the site Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC 1791.

4. Communication Equipment: cell phones, pagers, and radios are not allowed within the secure perimeter.

5. Parking: parking areas, either on or off-site will be furnished for workmen by the contractor at a location approved by the COR.

6. The Contractor shall submit a layout plan for staging of material, if require, to the COR. The contractor shall maintain all staging and construction areas in a neat and orderly fashion.

CONTRACTOR PERSONNEL AND EQUIPEMNT SECURITY

A. Contract employees working at FMC Ft. Worth facility will be subject to a national criminal history check after award of the contract. Contractor employees must complete the applicable forms provided by the COR. Following the criminal history check, the COR will provide the contractor with a list of employees cleared to work at the institution. The Contractor shall only be informed that a contract worker is either cleared for access or not cleared based on the criminal history check. No additional justification or information will be released. The following investigative procedures may be applied to contractor under the terms of the contract:

1. Contractor Pre-Employment Questioner

2. BP-S660.-12, NCIC Check (National Crime Information Center)

3. OPM -329-A, Authority for Release of Information

4. Rules and Regulation for Contractors

B. Tools brought into the institution’s secure perimeter shall be inventoried at the beginning and end of each work day by FBOP staff.

1. All tools used by the Contractor working within the secure perimeter shall be under constant supervision. Loss of a tool shall be reported immediately to the escorting FBOP staff.

2. No explosive action tools shall be used on the property at any time.

3. Material brought inside the secure perimeter of the institution shall be limited to a one day supply. Surplus materials that are not used/installed on work day must be moved outside the secure perimeter at the end of the day.

D. Contractor employees working on the FBOP site shall be required to undergo an on-site general institution orientation, approximate two-hour duration, on responsibilities, procedures, and laws governing conduct when working at an FBOP institution. FBOP rules include but are not limited to the following:

1. Weapons and ammunition of any kind are not allowed on the Federal property, including the parking lot.

2. Do not give, or offer to give, anything to an inmate.

3. Do not bring any correspondence into or out of the institution.

4. Do not accept gifts or favors from inmates.

5. Leave personal items locked in your vehicle or secure them at the contractor’s lay-down area.

6. A form of photo ID is required to enter the facility.

7. Revealing clothing is not acceptable attire and work attire is required at all times.

8. Conduct yourself in a responsible manner.

9. Report any unusual actions(s) or behavior to FBOP staff.

E. The Contractor shall have access to onsite restrooms and utilities.

EXECUTION OF WORK AND CLARIFICATION OF INFORMATION

A.The Contractor shall provide a complete, fully operational installation under this contract. The Contractor shall verify all measurements and be responsible for the accuracy of same. The Contractor shall layout their work and be responsible for all lines, elevations, and measurements of building, utilities, and other work executed by them. This includes verification of existing conditions, if any, that affect their work or to which their work shall be fitted to.

B. The Contractor shall carefully study and confirm installation plans agree with contract documents before proceeding with fabrication and installation work. The contractor shall coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation.

C. Should it appear that the work requirements are not sufficiently detailed or explained within the contract documents, the Contractor shall issue a Request for Information (RFI) to the FBOP Contracting Officer (CO). RFI’s shall be used by the Contractor to clarify information in the contract documents only. Each RFI shall be numbered sequentially, dated and indicate a reasonable date for the CO’s written reply.

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D. A pre-construction conference shall be required at the jobsite before the contractor initiates any work. The conference attendees shall include the FBOP site CO, COR, Safety Manger, Facilities Manager, Captain and Contractor. The conference agenda shall include:

1. Discuss the methods and procedure of the installation including the manufacturer’s written instructions.

2. Review material list.

QUALITY ASSURANCE

A. Source Limitations: To the greatest extent possible for each unit of Work, and subject to restrictions of the Buy American Act, provide products, materials or equipment of a singular generic kind from a single source.

B. Compatibility of Options: Total compatibility among contract-supplied products and materials shall be provided by contractor.

C. The components furnished shall be a product manufactured by a firm commercially producing a similar product for at least five (5) years.

PRODUCT DELIVERY/ STORAGE / HANDLING

A. Deliver, handle, and store products in accordance with manufacturer’s recommendations and by the methods that will prevent damage, deterioration, and loss, including theft, and protect against damage from climatic conditions. Control delivery schedules to minimize long term storage of products at site and overcrowding of construction spaces. In particular, provide delivery/ installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and sources of loss. Damaged or defective items, based on unreasonable or negligent actions of the contractor shall be replaced at no cost to the government.

WARRANTIES (GUARANTEES)

A. The warranty and guarantee provisions of the contract clauses apply to all work of the contract. In accordance with FAR 52.246-21, Warranty of Construction, and in addition to any other warranties in this contract, the Contractor warrants that work performed under this contact conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

B. The Contractor will provide a no dollar limit warranty for minimum for five (5) years from date of project completion.

SUBMITTALS

A. Submit the required information of the persons who will perform the work inside the institution for the national criminal check in compliance with H.S.P.D 12 requirements. Upon award the COR shall provide all required documentation to the contractor.

B. Submit, for approval, manufacturer’s brochures, details, drawings, warranty documents and source certification for all material and equipment.

PROJECT CLOSEOUT

A. Final Inspection and Acceptance:

1. When the Contractor considers the work complete, a written certification shall be submitted to the CO stating as such and requesting FBOP final inspection.

2. The CO and COR shall complete an inspection to verify the status of completion with reasonable promptness after receipt of the completion notice.

3. Should the CO consider that the work incomplete or defective:

a. The CO will promptly notify the Contractor in writing, along with a description of the incomplete or defective work.

b. The Contractor shall remedy the stated deficiencies and notify the CO in writing when completed.

c. The CO and the COR will re-inspect work.

4. When the CO finds that work is complete and compliant with contract documents, the Contractor will be notified to complete all remaining closeout submittals and contract requirements, including but not limited to; operating and maintenance manuals, record documents, warranties, guarantees, certificates, clearances, and bonds.

5. After closeout documents are received and deemed acceptable, the CO will issue a Certificate of Contract Completion, GSA Form 218, or other approved form to the Contractor for signature.

B. Final Application for Payment: After receipt of the Certificate of Contract Completion, the Contractor may submit the final application for payment in accordance with procedures and requirements stated in the Contract.

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EXECUTION

A. The Contractor shall examine the areas and conditions under which work will be performed. The Contractor shall correct conditions detrimental to the timely and proper completion of the work and shall not proceed until unsatisfactory conditions are corrected. The life of this project shall not exceed 120 calendar days from date of award.

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

(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 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;

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(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.--

(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.

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(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;

(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.

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(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. 2409 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.

(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

15B50922Q00000001/0001 Page 11 of 28 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 (Nov 2021)

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)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Products and Commercial Services

(Nov 2021)

(b)(2): "X"

(b)(3): "X"

(b)(8): "X"

(b)(27): "X"

(b)(28): "X"

(b)(29): "X"

(b)(30)(i): "X"

(b)(31)(i): "X"

(b)(32)(i): "X"

(b)(35)(i): "X"

(b)(42): "X"

(b)(44): "X"

(b)(59): "X"

(b)(60): "X"

15B50922Q00000001/0001 Page 12 of 28

Clause Title Fill-ins (if applicable)

(c)(1): "X"

(c)(7): "X"

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

52.232-18 Availability of Funds (Apr 1984)

Clauses By Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Kenneth Patrick ,General Foreman , FMC Fort Worth,817-413-3164, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

[END OF ADDENDUM TO FAR 52.212-4]

Section 4 - List of Attachments

No Clauses

Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

15B50922Q00000001/0001 Page 13 of 28

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

15B50922Q00000001/0001 Page 14 of 28

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

15B50922Q00000001/0001 Page 15 of 28

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved].

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Full Text

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not

15B50922Q00000001/0001 Page 16 of 28 completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in…