ESBD_375911_1725659964686_Attachment H - Statement of Work.docx

RFP #0000513

Fire Extinguisher Inspection, Maintenance, and Replacement

ATTACHMENT H – STATEMENT OF WORK

Definitions: Capitalized Terms shall have the meaning defined below or as defined in NFPA 10.

· NFPA – National Fire Protection Agency

· CONTRACTOR – Awarded respondent from RFP #0000513.

· HAZARDOUS MATERIAL - A chemical or substance that is classified as a physical hazard material or a health hazard material, whether the chemical or substance is in usable or waste condition.

Scope:

· Background: The Texas Facilities Commission is responsible for maintenance and upkeep of state buildings including tenant safety. As part of these services, TFC provides fire extinguishers within buildings for use as needed.

· Contractor shall provide fire extinguisher inspections, maintenance, and replacement in TFC managed buildings located in Austin, TX as listed in Attachment E – TFC Building and Equipment Listing.

Contract Term:

· Initial contract term shall be from purchase order issue date through 08/31/2024. Services may be renewed for four one-year renewal options with mutual agreement from Vendor and TFC. Renewals shall be at the same terms and conditions plus any approved changes.

Statement of Work:

· Fire Extinguisher inspections, maintenance, and replacement shall be in accordance with all local, state, and federal guidelines and requirements. These include but are not limited to:

· NFPA 10

· Texas State Fire Marshal Requirements

· TFC has the option of purchasing new/replacement extinguishers through the contract or purchasing through a third party. If replacement extinguisher purchased through the contract, Contractor will be responsible for removal and disposal of old extinguisher and core return credit if applicable.

· Contractor shall be responsible for any discharge, cleanup or spills of fire extinguisher chemical released during services on TFC property.

· Any penalties or fees for late inspections that are covered under this contract shall be deducted from amount owed Contractor under this contract. This does not include inspections that were unable to be conducted due to circumstances beyond Contractor control.

Compensation and Fees:

· Pricing shall be in accordance with Attachment D – Compensation and Fees or as otherwise negotiated with Vendor. Any modifications to the pricing shall be documented by a change order to the purchase order. Changes not approved and documented by a change order shall not be binding.

· ADDITIONAL SERVICES.

· TFC may, at any time during the term of this Contract, request additional or removal of buildings not included in Attachment E – TFC Building and Equipment List. Upon request by the Contract Administrator, Contractor shall submit to TFC a quote for Additional Buildings. Prices for any Additional Services shall be calculated by comparing pricing to similar services included in Attachment D – Compensation and Fees. Acceptance of the quote shall be documented by issuance of a purchase order.

Unsatisfactory Performance:

· Performing services in an unsafe manner resulting in damage and cleanup within TFC buildings.

· 2 Consecutive months of TFC receiving notice of non-compliance of monthly fire extinguisher inspections for the same extinguisher.

· Excessive fire extinguishers missing their annual inspections.

HUB Subcontracting Plan and HUB Reporting:

· Contractors planning to subcontract all or a portion of the work to be performed under this Contract shall identify the proposed subcontractor on HUB Subcontracting Plan Form

· In accordance with state law, it is TFC’s policy to assist HUBs, whether minority or women owned, whenever possible, to participate in providing goods and services to the agency. TFC encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling Contractor’s obligations with TFC. A copy of Vendor’s Approved HUB Subcontracting Plan (“HSP”) is attached hereto and incorporated herein for all purposes. If Contractor subcontracts with others for some or all of the services to be performed under this Contract, Contractor shall comply with all HUB requirements pursuant to Texas Government Code, Chapter 2161 as described in HUB Subcontracting Plan Form. When required, Contractor shall submit an updated HSP. Upon TFC approval of HSP update(s), such update(s) shall become, without further notice or action, a part of the incorporated HSP. Contractor shall provide TFC with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder on HSP Progress Assessment Report Form (“PAR”), attached hereto and incorporated herein for all purposes. PARs shall be submitted monthly with each invoice and are a condition of payment.

· Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(1)(2) and 20.287(b), TFC administers monthly administration HSP-PAR compliance monitoring through its HUB Compliance Reporting System commonly known as B2G. Contractor and Contractor’s subcontractors / subconsultants shall submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

Modifications to Attachment A – TFC Standard Terms and Conditions

4.3 PAYMENTS TO VENDOR FOR SERVICES. (a) Payments for services provided by Vendor will be made within thirty (30) days from receipt of a correct invoice in accordance with the Texas Government Code, Chapter 2251, Texas Prompt Payment Act. An invoice is considered received on the date it is date stamped by TFC. Vendor will be paid for completion of work accepted and approved by TFC. Invoices shall be submitted each month by building.

(b) Vendor shall invoice TFC for services performed by building, number of inspections, and purchase order number. Invoices must include the purchase order number, building name and address, report of all inspections performed identifying whether annual or monthly, and breakdown of charges as per Attachment D – Compensation and Fees. Address for invoice submission is: Texas Facilities Commission, Accounts Payable, P.O. Box 13047, Austin, Texas 78711-3047 or by e-mail to accountspayable@tfc.state.tx.us.