15B51724Q00000008 Emergency Repair Elevator A - FDC Houston.pdf

15B51724Q00000008 Page 1 of 37

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B51724PR000063

PAGE 1 OF

5. SOLICITATION NUMBER

15B51724Q00000008

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/12/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

D. Cruz dcruz-ayala@bop.gov

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

TIME

07/12/2024 09:00 CT

CODE 15B517

Federal Bureau of Prisons

FDC Houston

1200 TEXAS AVENUE

Houston, TX 77002

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):

333921

SIZE STANDARD:

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

15B517CODE15. DELIVER TO

Federal Bureau of Prisons FDC Houston

1200 TEXAS AVENUE

Houston, TX 77002

CODE 15B51716. ADMINISTERED BY

Federal Bureau of Prisons FDC Houston

1200 TEXAS AVENUE

Houston, TX 77002

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BHOUCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FDC Houston

PO BOX 526245

Houston, TX 77052

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

Modernize and Repair Elevator "A" as per the attached Statement Of Work (SOW).

Only emailed bids will be accepted at dcruz-ayala@bop.gov

Vendor must provide the following information:

UEI #______________________

Email: _____________________ 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

ARE X 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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)

Abigail Arriaga

31c. DATE SIGNED

06/12/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15B51724Q00000008 Page 2 of 37

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

15B51724Q00000008 Page 3 of 37

Table of Contents

Section Description Page Number

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Nov 2021) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements

3 List of Attachments 4 Solicitation Provisions

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 B&F Project 24Z5AX4 - Emergency Repair Elevator A

PSC: J099

1 $________ $_________________

B&F Project 24Z5AX4 - Emergency Repair Elevator A

1.1 Statement of Work (SOW)

The Federal Bureau of Prisons (FBOP), Federal Detention Center – Houston (FDC Houston) intends to award to a responsible entity for the provision of the repair and modernization of Elevator A at FDC Houston, located at 1200 Texas Avenue, Houston, Texas 77002.

Awarded contractor will be required to provide all labor, materials, tools, permits, and equipment, necessary to safely repair and modernize Elevator A and its associated components and subassemblies.

A1. QUALIFICATIONS

1. Awarded Contractor shall be a reputable Elevator Service Provider with proven experience in commercial elevator equipment. All assigned Contractor Journeyman Level Field Technicians shall have applicable manufacturer removal and dis-assemble certifications reflecting competency in the specific equipment being removed. The Contractor shall provide the Institution’s Contracting Officer and his Representative (COR) with such proof.

2. Service will comply with all Local, State, and Federal codes and safety requirements.

B. SCOPE OF WORK

1. Removal and replacement of, but not limited to, Elevator A electronic and electrical components, drive/ controller, hoist motor, hoistway leveling device(s), governor, traction ropes, traveling cable, and car components to return Elevator A to fully operational. Start up, commissioning, and staff training are required.

2. Contractor shall perform job site clean-up and removal of all excess materials, debris, and old equipment associated with the project. Removal and disposal of all debris must be completed in accordance with all applicable Federal, State, and Local laws pertaining to such work.

3. Contractor shall haul away and dispose of the old equipment through an approved licensed scrap metal recycling entity within five (5) business days of its removal from the institution. Evidence of the appropriate recycled action shall be provided to the institution’s Contacting Officer in the way of a tonnage weight receipt to FDC Houston by the selected recycler.

B.1. Equipment Specifications FDC Houston currently has one (1) Montgomery Kone 4000lb passenger elevator traveling at a speed of 350 FPM in need of repair, rehabilitation and modernization. The elevator currently travels from the 1st Floor to the 7th Floor with seven (7) front only openings between 7 normal floors. These will all be retained.

1. New replacement equipment should be the same, similar, or higher performing as current equipment.

2. New passenger car equipment must include a prison package with security/tamper-proof hardware.

C. INSTLLATION REQUIRMENTS/QUALITY INSURANCE

C.1 Installation Requirements

a. Replace the present 480VAC 3-phase power supply if necessary.

b. Replace hoist motor with a 50HP AC flange mounted motor with pre-mounted encoder and coupler. Existing machine is to be retained.

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c. Remove the existing motor drive system and install new the Variable Voltage Variable Frequency drive capable of regenerating AC power back to the building grid. The system shall include a step up or down transformer as required depending existing building power conditions.

d. A new centrifugal speed governor will be installed. The governor operates the car safety at the top of the hoistway in the machine room. It shall actuate a switch when excessive speeds occur, disconnecting power to the motor and applying the brake before application of the safety.

e. Drain machine, flush and refill with oil. Replace seals as needed.

f. Add six (6) new traction ropes and shackles with a cable tension load weighing device.

g. Replace traveling cable. New traveling cable must have a coax cable for video transmission.

h. Furnish and install a rope gripper to satisfy the ascending car over-speed and unintended car movement code requirements.

i. Refurbish safeties and add a code compliant toe guard.

j. If needed, refurbish existing brake linings with new pads and readjust the brake switches to function accordingly. Machine guarding must be secured around the drive sheave.

k. Replace existing governor with a 12” governor and rope.

l. Install a new digital closed-loop microprocessor-based traction control system with nonproprietary software.

m. Operation shall be automatic by means of the car and landing buttons. Stops registered by momentary actuation of the car or landing buttons shall be made in the order in which the landings are reached in each direction of travel after the buttons have been actuated. All stops shall be subject to the respective car or landing button being actuated sufficiently in advance of the arrival of the car at that landing to enable the stop to be made. The direction of travel for an idle car shall be established by the first car or landing button actuated.

n. Supply and install a new applied car operating panel. The panel shall contain a bank of illuminated buttons marked to correspond with the landings served, an emergency call button, an emergency stop button or switch, door open and door close buttons, and a light switch. The emergency call button shall be connected to a bell that serves as an emergency signal.

o. Furnish and install a new “handsfree” phone to enable two-way communication between persons in the elevator and the Control Center via the Institution’s PBX by dialing “333”.

p. All lamps must be low-voltage long life LED lamps.

q. A new car position indicator shall be installed at all landings. The position of the car in the hoistway shall be shown by illumination of the indication corresponding to the landing at which the car is stopped or passing.

r. An audible signal shall sound in the car to tell passengers that the car is either stopping at or passing a landing served by the elevator.

s. New direction lanterns will be installed at all hoistway entrances with “UP” and “DOWN” indicators at intermediate landings and single indicators at terminal landings. When a car is stopping at a landing, the lantern indicating the direction that the car is travelling shall become illuminated prior to the arrival of the car. A chime shall sound once for the “UP” direction and twice for the “DOWN” direction to announce the impending arrival of the associated elevator car.

t. When the Independent Service switch in the car operating panel is actuated, it shall cancel previously registered car calls, disconnect the elevator from the hall buttons, and allow operation from the car buttons only.

Door operation shall occur only after actuation of the “DOOR CLOSE” button.

u. A new emergency car lighting power unit employing a 6-volt sealed rechargeable battery and totally static circuit shall be provided. The power unit shall illuminate the elevator car and provide current to the alarm bell in the event of normal power failure.

v. New hall buttons shall be installed at each landing with an up and a down button at each intermediate landing and a single button at each terminal landing. When a call is registered by momentary actuation of a landing button, that button shall become illuminated and remain illuminated until the call is answered.

w. New normal terminal stopping devices shall be provided to slow down and stop the car automatically at the terminal landings and to automatically cut off the power and apply the brake, should the car travel beyond the terminal landings.

x. The existing car guides shall be retained, cleaned, and refurbished. Any worn parts will be

15B51724Q00000008 Page 6 of 37 replaced by the original manufacture parts or equal.

y. The existing car frame shall be retained, cleaned, and refurbished as needed.

z. The present flooring will be retained.

aa. A new, closed loop door operator will be installed. Doors on the car and the hoistway entrances shall be power operated by means of door operator mounted on top of the car. The door operator is a fully closed loop system designed to give consistent door performance with changes in temperature, wind, or minor debris in the door track. The system continually monitors door speed and position and adjusts it accordingly to match the pre-determined profile. Door operation shall be automatic at each landing with door opening being initiated as the car arrives at the landing and closing taking place after expiration of an adjustable time interval. An electric car door contact shall prevent the elevator from operating unless the car door is in the closed position. Door close shall be arranged to start after a minimum time, consistent with Handicap requirements. Doors shall be arranged to remain open for an adjustable time period sufficient to meet ADA requirements. The time interval for which the elevator door remains open when a car stops at a landing shall be independently adjustable for response to car calls and response to hall calls.

bb. Interlocks shall be refurbished as needed. The interlocks shall prevent operation of the elevator unless all doors for that elevator are closed and shall maintain the doors in their closed position while the elevator is away from the landing. Emergency access to the hoistway as required by governing codes shall be provided.

cc. For inspection purposes, an enabling key switch shall be provided in the car operating panel to permit operation of the elevator from on top of the car and to make car and hall buttons inoperative. On top of the car, an operating fixture shall be provided containing continuous pressure “UP” and “DOWN” buttons, an emergency stop button, and an inspection-initiating switch. This switch makes the fixture operable and, at the same time, makes the door operator and car and hall buttons inoperable.

dd. An enabling key switch shall be used in the car operating panel to render all car and hall buttons inoperative and to permit operation of the elevator by means of an access key switch adjacent to the hoistway entrance at the access landing. The movement of the car away from access landing, other than the lower terminal, by means of the access key switch at the landing shall be limited in travel and direction to that as specified for the upper landing in the latest revisions of the ASME/ANSI A17.1 Code.

ee. A new optical door protection system shall be installed. This system uses infrared emitters and detectors to create an invisible safety net across the elevator entrance. The optical system continuously scans for interrupted beams. If any beam in the curtain is interrupted, the optical system will reopen the elevator doors instantly. The system’s infrared beams also detect objects approaching, reducing potential damage to elevator doors caused by mail carts, stretchers, or other moving equipment.

ff. After a stop is made, the doors shall remain open for a time interval to permit passenger transfer, after which the doors shall close automatically. This interval shall be different for a car call stop than for a hall call stop or a coincident car/hall call stop.

gg. If during a hall or car call the doors are prevented from closing for a fixed time period, the door protective device shall be rendered inoperative, a buzzer shall sound on the car and the doors shall close at a slower speed. Normal operation shall resume at the next landing reached by the car.

hh. The present cab interior shall be retained.

ii. Rebalance car.

jj. The present hoistway entrances will be retained, but new jamb braille shall be added.

kk. The present hoistway door tracks and hangers shall be retained and inspected for proper alignment. Any adjustment(s) are included, and a new hoistway escutcheon tube will be added to the first floor.

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ll. The existing buffers will be retained and refurbished as a means for stopping the car and counterweight at the bottom limits of travel.

mm. An emergency stop switch shall be installed in the pit, accessible from the pit access door. A flood switch will be installed in the pit. In the event of high water, the elevator will move itself to an upper landing and shall remove itself from operation or resume operation excluding the lowest landing.

nn. All new wiring and electrical interconnections shall comply with governing codes. Insulated wiring shall have flame-retardant and moisture-proof outer covering and shall be run in conduit, flexible tubing or electrical wireways. Traveling cables shall be flexible and suitably suspended to relieve strain on individual conductors.

oo. All new material furnished will be specifically designed to operate with original elevator equipment being retained, thus assuring maximum performance, and eliminating any divided responsibility.

pp. The elevator equipment shall be furnished and installed in accordance with the latest additions of the ASME/ANSI A17.1 Safety Code for Elevators and Escalators, An American National Standard, including the latest Supplement, and the Americans with Disabilities Act. The elevator equipment shall comply with all applicable local codes.

qq. New car and counterweight roller guides will be refurbish or replaced as needed.

rr. The existing elevator guide rails will be retained but will be cleaned and/or refurbished as necessary.

ss. Retain, clean, lubricate and refurbish hoistway deflector sheaves as needed.

tt. Retain, clean, lubricate and refurbish hoistway tail sheaves as needed.

uu. The existing counterweight assembly will be reused and checked for proper counterbalance. If additional weight is needed to achieve the proper counterbalance or the existing counterweight frame requires modification to accept the additional weight, Contractor must notify the COR and Facility Manager immediately before modifications if it causes additional costs.

vv. The current platform will be retained, cleaned, and refurbished as needed.

ww. Folding hoistway door restrictors shall be retained.

C.2 Quality Assurance:

1. 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.

2. 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.

C.3 WARRANTY

A. The contractor is required provide the standard manufacture warranty upon completion of work required but prior to contract closeout. Please refer to the Warranty clause stated in the solicitation.

D. 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.

E. TESTING AND ACCEPTANCE

1. 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.

2. All programming will be conducted by a licensed elevator technician.

3. The new system will be tested under supervision of a licensed certified technician following installation to verify that all devices are reporting properly, and the system is functioning in accordance with this statement of work. Testing will be closely accomplished with facilities staff to demonstrate features and limit disruption to the occupants. An electronic copy of the acceptance testing report will be provided at project completion.

F. HOUSEKEEPING AND MATERIAL DISPOSAL

The contractor awarded the contract will be responsible to ensure the premises are always kept clean and free from accumulations of waste materials and rubbish. The contractor will remove all debris, scrap, and rubbish from the work area daily. Surplus materials and all equipment shall be promptly removed from the site upon completion of the work. The Contractor shall be responsible to remove all debris and waste materials from the job site at FDC Houston upon conclusion and acceptance of the project. These items must be disposed of in accordance with all Federal, State, and local laws.

C. FDC Houston Responsibilities

1. FDC Houston shall ensure all energy sources needing to be secured to prevent personal injury and/or property damage will be locked-out and tagged-out with the appropriate safety measures. All system isolations and lock-out/tag-out measures to be implemented, and/or removed, will require written verification by the Contractor, COR, and the Safety Manager prior to doing so.

2. FDC Houston shall provide the necessary escorting staff members to the Contractor and their assigned Field Technicians carrying out the prescribed work and will allow access to project related institution areas as needed.

3. The Institution Safety Manager shall randomly monitor the project. If at any time the Safety Manager witnesses, or become privy to a deemed “unsafe work practice” being carried out by one or more of the contractor’s assigned field technicians working on site, the contractor will be required to stop work and make the necessary work practice corrections to comply with all OSHA and/or Institution advised safety requirements. Failure to do so may result in work stoppage and other administrative measures.

D. Contractor’s Responsibilities

1. The Contractor shall comply with all applicable Federal, State, and Local laws for the safe transportation, storage, use, documentation, and disposal of all chemicals that may be used on the job. Likewise, all used chemicals, chemically hazardous debris (to include used rags), must be safely collected in approved receptacles and removed by the Contractor in accordance with the aforementioned regulatory entities.

2. All work shall be inspected by the COR and Contacting Officer for quality and meet the terms of this Statement of Work as specified prior to final acceptance and closure of the project.

II. CONTRACTOR SECURITY/WORKING REGULATIONS

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A. Working Hours

1. The schedule for these services will be five (5) days a week, Monday through Friday, with the exception of Federal holidays. The schedule will continue weekly until the installation is completed, not to exceed thirty

(30) calendar days from Notice to Proceed (NTP). The rear gate will open at 7:00 A.M. and close at 3:00 P.M. Requests to extend hours or change workdays must be submitted in writing by the Contractor to the Contracting Officer (CO) for approval at least forty-eight (36) hours in advance.

B. Delivery of Materials

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

2. Construction related deliveries which are directly shipped to the institution can be received between the hours of 7:30 AM - 2:30 PM, Monday - 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.

3. Under no circumstances will FDC Houston staff be responsible for the acceptance of any Contractor deliveries.

4. The Contractor shall be responsible to provide for its own means of loading and unloading Contractor material and equipment.

5. The Contractor will not be permitted to impede or block driveways for any extended period that would hinder the normal operations of the institution.

C. Storage of Equipment/Tools

1. If required, all construction equipment/tools shall be stored in a designated area mutually agreed upon between the COR and the Contractor. 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 two padlock protocol with one padlock being provided by the institution lock shop and the other provided by the contractor. For institution security purposes, the contractor shall provide the institution lock shop with one key copy for every contractor padlock being used. If necessary, a contractor provided heavy duty chain may be used to facilitate the locking requirement. All equipment/tools stored within the container will be maintained in a safe an orderly fashion. All Contractor padlock key copies will be returned to the contractor upon 100% proven tool accountability by the institution and removal of assigned storage containers from the property.

2. The Contractor shall be responsible for loading and unloading contractor materials and equipment. At no time shall Contractor materials or equipment being staged in a fashion that would block, impede or otherwise hinder the typical operations of the institution.

3. All Contractor ladders that may be needed for the job shall be stored and secured in the immediate work site area. Such ladders will be secured to an agreed upon stationary fixture with a chain and padlock application following the same contractor storage container lock protocol with one padlock provide by the contractor and one provided by the institution’s lock shop.

4. The Contractor shall be required to adhere to the institution’s tool inventory program as it pertains to their tools and equipment entering and exiting the institution. If a contactor owned storage container is to be used for tools, materials, and equipment for the duration of the project, the Contractor will be required to use

15B51724Q00000008 Page 10 of 37 an institution approved “Daily Inventory Check Sheet” for all items maintained in the container. The process for container tool accountability will require a FCI Facilities Staff member, along with an overseeing Institution Shift Custody Lieutenant, to be present. The container will be inventoried and verified by the Contractor, the Facility Staff Member, and the Shift Lieutenant at the end of every work shift prior to locking the container shut.

D. Security Clearance/Contractor Badges

1. The Contractor shall provide the COR with the necessary security clearance information on all Contractor Field Technicians assigned to work on the project. In the event a Field Technician does not clear the Institution’s security screening process the contractor may, if necessary, submit another Field Technician candidate. By law, the BOP cannot, and will not, release any information regarding the reason as to why a Contractor employee was not able to clear the institution’s security screening process.

2. All security clearance documentation shall be reviewed and institution approved five (5) working days prior to contractor institution access. Approved security clearances will be in effect for the duration of the project.

3. Contractors assigned to the project will access and depart the institution grounds via the Rear Gate or when necessary, the Front Lobby.

E. Safety and Personal Protective Equipment

3. The Contractor shall comply with all applicable Federal, State, and Local safety standards providing their field technicians with all necessary safety equipment to include, proper personal protective equipment, Lock- Out / Tag-Out equipment, and any “job-site specific” safety equipment deemed necessary to safely complete the project described in this Statement of Work.

4. All contractor employees shall have, and wear required personal protective equipment prescribed by industry standards at all times while on the job site. It is the responsibility of the contractor to provide such equipment.

F. Other Considerations

1. Contractor technicians will NOT be allowed to bring cell phones, cameras, or two-way pagers into the Institution. Use of such devices however, may be used on institution exterior grounds. FDC Houston reserves the right to restrict their use at any time if deemed a security threat or risk.

2. The Facilities Department at FDC Houston maintains a digital camera that will be utilized by FDC Houston Facility Staff to document the project work. The Contractor may request copies of the digital photos for their record keeping.

3. All deviations from this Statement of Work must be approved in writing by the Contracting Officer and COR.

4. In the event of an institution emergency the contractor may be instructed to secure from all work, secure all tools, equipment and materials, and if necessary escorted off institution grounds. Work will be suspended until the institution emergency passes.

END STATEMENT OF WORK

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Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(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 act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(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, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government

15B51724Q00000008 Page 12 of 37 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 (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or 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 commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar 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 language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(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.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

15B51724Q00000008 Page 13 of 37

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government's information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation.

Notwithstanding the preceding, and subject to the Government's policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government's facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor's written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.

(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor's expense, without reimbursement by the Government.

(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212-4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.”

(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212-4 (b), Assignment.

(xiv) Confidential information.

(A) During the term of this contract or order, either party may identify information as “confidential information,” and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a “need-to-know” basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree that this provision shall survive the termination of this contract or order, and any confidential information obtained or received which comes within these restrictions shall remain confidential, provided that the obligation to treat information as confidential shall not apply to information which is or becomes publicly available through no improper action of the receiving party; is or comes to be in the receiving party's possession independent of its relationship with the disclosing party; is developed by or becomes known to the receiving party without use of any confidential information of the disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally, nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction, provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential information, or take such other action as it deems appropriate to protect its confidential information.

(B) The Government considers and hereby identifies as confidential any and all information related to any inquiries and/ or searches performed by the Government or by contractor at the Government's direction under this contract or order, including the subject of any such inquiry or search and any and all search terms, regardless of whether provided in writing or orally to Contractor, and Contractor agrees that it may only disclose such information to its employees and contractors

15B51724Q00000008 Page 14 of 37 on a “need-to-know” basis to carry out the obligations of this contract or order and that it will not share, reveal, divulge, disclose, disseminate, or publicize any such information to any third party except as provided in this provision without the prior written approval of the Contracting Officer. Contractor also understands and agrees that any subcontractors performing under this contract or order are subject to the same stipulations and that Contractor may be held responsible for any violations of confidentiality by a subcontractor.

(C) These provisions are consistent with and do not supersede, conflict with, or otherwise alter an employee's obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by Executive orders and statutory provisions relating to whistleblower protection are incorporated into this contract and are controlling.

(D) The Government may share the terms, conditions and prices set forth in this Order with, and provide a copy of the Order to, other Executive branch agencies of the U.S. Government, provided that the Government shall ensure that other Executive branch agencies to which it provides such information will be required to treat all such information consistent with terms and conditions set forth in this Order.

(E) Notwithstanding anything in this agreement, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this Order.

(xv) Authorized users. Authorized users may include full and part-time employees of the Government, including those working at or from remote locations, and contractors and contractor employees working within the scope of their contract with the Government, including those at or from remote locations.

(xvi) Authorized use. Authorized users are authorized to use the product or service acquired under this contract in performing business on behalf of the Government.