15B51624Q00000039 Replace Fire Pump and Controls - FCI Three Rivers.pdf

15B51624Q00000039 Page 1 of 64

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B51624Q00000039

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/18/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

07/05/2024 12:00 CT

CODE 15B516

Federal Bureau of Prisons

FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

561210

SIZE STANDARD:

$47 million

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B516CODE15. DELIVER TO

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

CODE 15B51616. ADMINISTERED BY

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B516CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall provide all necessary equipment, labor, materials, and incidentals to replace fire pump and control at the FCI located in Three Rivers, TX in accordance with the Statement of Work.

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Walter Soto-Ruiz

31c. DATE SIGNED

07/01/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15B51624Q00000039 Page 3 of 64

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 (Nov 2023) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

2.1 Scheduled Continued, SOW, and Special BPA Conditions

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS

(APR 2011)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF

PRISONS (JUNE 2004)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking

(DEC 2014)

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

3 List of Attachments 4 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)

5.1 Solicitation Provisions

2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 New Fire Pump

PSC: 1230

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Hourly Labor in accordance with wage determination 2015-5305

PSC: 1230

1 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 New Fire Controls

PSC: 1230

1 EA $________ $_________________

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Section 2 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(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;

(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;

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(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.

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

(6) Interest.

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(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

15B51624Q00000039 Page 8 of 64 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; 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, 15B51624Q00000039 Page 9 of 64 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 (Nov 2023)

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)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

Clauses By Full Text

2.1 Scheduled Continued, SOW, and Special BPA Conditions

SECTION 2.1: QUOTE: Emergency Replace Fire Pump and Controls SERVICE(S) GENERAL INFORMATION

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INTRODUCTION

The Federal Bureau of Prisons (FBOP), Federal Correctional Institution (FCI) Three Rivers, Highway 72 West, Three Rivers, Texas, 78071, intends to make a single award to a responsible entity that will provide all necessary equipment, labor, materials, and incidentals to replace fire pump and controls.

Currently, we have a 30 year old fire pump and control system. The fire pump is a 6X5, 1000 gpm @ 75 psi, 75 HP, 1800 rpm 60 Hz 230/460V, FM approved pump, Serial number 901-82024-01-01. It has a Toshiba Epact- CT Induction Motor, Serial Number S45169648. It is connected to an electric fire pump controller 440-480V, 3Phase, 60Hz, 60 HP catalog number FTA1350-AB60B-TS, with a switch 460V, 3Phase, 60Hz, 60HP catalog number FTA900-BD100B . The controller is obsolete and non-functional. It will not operate in auto and is not 100% operable in manual. The new controllers will not require FITARA approval. The pump has been repaired twice and is still not operating properly. There is a leak in the motor and has caused excessive rust and corrosion. Bids for this project shall be complete and provide a fully operational installation in accordance with the requirements herein.

SCOPE OF WORK

Remove old fire pump, fire pump controller and install the new fire pump with controllers laser alignment, controllerprograming and commissioning. Install new jockey pump and jockey pump controller. Install new sensing lines to fire pump controller and jockey pump controller. Install new flow meter. Demo wire and connections to existing fire pump and controller which include normal and emergency feed. Furnish and install new wire in existing conduit runs of appoximately 150 total linear feet for normal and emergency feeds.

Connect new fire pump controller and motor. The Contractor shall provide all equipment and all accessories at the fire pump site to make replacement as per this Statement of Work. The contractor shall provide labor and material to replace fire pump, fire pump controller. The Contractor shall maintain all equipment, components, and all accessories needed for fire pump and controls replacement project.

REFERENCE DOCUMENTS

Attached reference drawings/pictures are provided for general information and the Contractor’s benefit only.

Actual equipment installation and existing conditions may vary.

ATTACHMENT A – Work Site Location ATTACHMENT B – Existing Fire Pump to be replaced ATTACHMENT C – Existing Motor to be replaced ATTACHMENT D – Fire Pump and Motor Tags ATTACHMENT E – Existing Controller to be replaced

ATTACHMENT F – Controller Tags ATTACHMENT G – Existing Conduit and Connecting Lines

QUALITY ASSURANCE/INSTALLATION REQUIREMENTS

Installation Requirements

Install in accordance with manufacturer's instructions and the National Electric Code.

WARRANTY

One-year warranty after start-up, or eighteen months from date of install, whichever occurs first. Warranty to include coverage for defects in material and workmanship.

UTILITIES

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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.

TESTING AND ACCEPTANCE

The Contractor shall notify the COR five (5) days prior to the final system testing 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 Contracting Officers representative (COR) in advance for final check out and testing of the complete system.

Provide the services of the manufacturer's field representative to inspect target system installation and submit report prior to start-up, verifying installation is in accordance with specifications and manufacturer's recommendations.

HOUSEKEEPING AND MATERIAL DISPOSAL

The contractor awarded the contract will be responsible to ensure the premises are kept clean and free from accumulations of waste materials and rubbish at all times. 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 FCI Three Rivers upon conclusion and acceptance of the project. These items must be disposed of in accordance with all Federal, State, and local laws.

SUBMITTALS & TRAINING

Submittals:

1.The contractor shall provide written submittals to the COR describing recommended equipment within (15) days from receiving the Notice to proceed for approval.

2. All security clearance paperwork/documentation shall be submitted to the COR a minimum of (14) working day prior to the start of work (see below).

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. The Contractor shall create and maintain a comprehensive submittal register using form ENG 4288-R or similar, to track status and disposition of all submittals, anticipated and already provided, to the FBOP. All submittals shall be transmitted to the COR in electronic PDF format, except sample installations and panels, using transmittal form ENG 4025-R or similar.

4. Submittals containing deviations from contract requirements shall be clearly marked, require CO approval, and may be considered where advantageous to the FBOP in the form of improved quality, time, or cost.

5. FBOP approval of a submittal shall not relieve the Contractor of the responsibility for meeting contract requirements or for any error that may exist, as the Contractor is solely responsible for ensuring information contained within each submittal accurately conforms to the requirements of the contract documents.

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6. 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.

7. Provide complete narrative descriptions of all system operations.

8. 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.

9. 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.

10. 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.

11. 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 a minimum of three (3) Bureau of Prisons employees, thus enabling them to maintain and repair all equipment and systems.

CONTRACTOR SECURITY/WORKING REGULATIONS

Work Hours:

Work Hours for the contractor are 8:00 AM – 3:00 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 the correctional facility, as 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.

Contractors should plan for a minimal amount of time accrued for security considerations, i.e., check-in screening, delay due to inmate movements, institution lock-down, institution emergencies, etc. In the event of an institution emergency, the Contractor will be instructed to secure all work, secure and stow all tools, equipment and materials, and the Contractor will be escorted out of the institution. Work will resume once the institution emergency passes.

Delivery of Materials:

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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 8:00 a.m. to 2:00 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 FCI Three Rivers 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.

The contractor shall not use the institution entry/driveway for the loading, unloading, or storage of any materials and equipment. The contractor will not impede/block the driveway at any time during or after the work shift.

Storage of Materials and Equipment:

All construction materials/tools shall be stored in a designated area mutually agreed upon between the COR and the contractor. If required, the storage area will be a secure lockable gang box or similar, size to be determined by the contractor and the COR. If required, the contractor shall provide a securable, single point access storage container, such as a Job or Gang Box that will be left in the agreed upon storage area for the duration of the project. Size of the storage container will be determined by the contractor and the COR. The container will be secured using a padlock protocol with two locks to secure it. One shall be a contractor lock and the other lock provided by the institution. If necessary, a heavy duty chain provided by the contractor may be used to facilitate the locking requirement. All materials and equipment stored within the container will be maintained in a safe an orderly fashion.

If required, all tools will be inventoried prior to entering the institution and will be inventoried back in to ensure accurate accountability when exiting the institution at the end of each work day.

Materials cannot be stored at a height that would create a fall hazard. If required, all tools will be inventoried prior to entering the Institution. At the start of each work day 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. Extension cords are considered a “high risk” tool having a Federal Bureau of Prisons’ tool classification of Double A. All contractor owned extension cords used for this project will be required to exit the institution at the end of every work day for the duration of the project.

All contractor owned ladders approved for use within the institution, regardless of the size, shall be stored in a predetermined area and secured to a stationary fixture with a heavy link chain and lock which would prevent removal.

Security Clearance/Contractor Badges:

The contractor shall provide the COR with all the necessary security clearance documents for all contractors and subcontractor employees accessing the institution and be security cleared for badging within 14 days of receiving the Notice to Proceed, as stated above. Security clearance documents will only be accepted from the prime contractor. If submitted by a sub-contractor, they will be rejected. It is the prime contractor’s responsibility to review security clearance submissions to ensure they are complete.

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In the event a contractor or subcontractor employee cannot pass the security clearance process, it will be the contractor’s responsibility to provide another candidate. By law the BOP cannot, and will not, release any information to the contractor concerning the nature of why a contractors or subcontractor employee was not able to pass the security clearance process.

All contractors/subcontractors working at FCI Three rivers will be issued and required to wear a picture ID/ contractor badge provided by the institution. For security reasons, the badge will be worn in a visible manner as directed by the COR.

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.

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. If required, all ladders regardless of the size shall be stored, and secured to a stationary fixture with a chain and lock in a predetermined area, in a way that they cannot be removed. If ladders are required, immediately consult with the COR to ensure that he or she can make timely notification to appropriate institution staff. Should a system require Lock-out/Tag-out, the system will be required to have both Contractor and FCI Three Rivers locks on the isolation point to prevent shock. All Lock-out/Tag-out procedures will be in compliance with the institution Lock-out program.

Additional Considerations:

1.Contractors will NOT be allowed to bring cell phones, cameras or two way pagers into FCI Three Rivers.

The Facilities Department maintains a digital camera that will be utilized by BOP staff to document the project work. The Contractor may request copies of these documentation photos for record keeping.

2. Contractor will be permitted to wear jeans in the institution, however, shorts, green or khaki-color clothing will not be allowed. The clothes will be proper and suitable for the services that are being provided.

3. Lunches will be consumed at the work site. Contractor shall ensure they have everything they need for their lunch when they check-in first thing in the morning.

4. Federal smoking policy on Federal property states that smoking is only allowed in outdoor designated areas.

This policy will be strictly enforced.

It is anticipated that BPA award will be made in July 9, 2024 (estimated) with an effective date of July 9, 2024.

Place of Performance: Services will be performed in the Powerhouse at the Facilites Department of the FCI Three Rivers at 1700 Highway 72 West Three Rivers, Texas, TX 78071. General information about the facility is available at www.bop.gov.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the BPA. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

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Indemnification and Medical Liability Insurance

The contractor must indemnify the Government for any liability producing act of omission by the contractor, its employees and agents occurring during performance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/ $3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, “Indemnification and Medical Liability Insurance,” including the maintenance of medical liability insurance

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. [Name] of [Organization] , [Address] , [Area Code, Telephone Number] , is hereby designated to act as Contracting Officer's Representative (COR) under[Contract Number] , for the period of [Period] (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

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(End of Clause)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(e) If during the performance of the work under this contract, the Contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the Contractor shall immediately notify the Contracting Officer, or designee (with written notice provided not later than three (3) working days thereafter), of the existence of an unsafe condition. Such notice shall include the Contractor's recommendations for the protection and the safety of Government, Contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(f) When the Government receives notice of an unsafe condition from the Contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(g) Nothing contained in this clause shall relieve the Contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR

3.906 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

DOJ-02 Contractor Privacy Requirements (JAN 2022)

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A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically…