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INVITATION, INSTRUCTION TO BIDDERS,
BID & CONTRACT FORMS AND SPECIFICATIONS
FOR
TELECOMMUNICATION SHELTERS
FOR
PYRAMID LAKE PAIUTE TRIBE
MIDDLE MILE PROJECT
BID DOCUMENT: 0004
July 2, 2012
Praxis Associates
1101 Nimitz Avenue
Vallejo, California 94592
PROPOSAL DUE DATE: 26 July, 2012, 4:00 P.M.
2
AWARD/CONTRACT Effective Date:
Contract Number: Project: PLPT Mid Mile Project
Issued By:
Praxis Associates Inc.
1101 Nimitz Avenue
Vallejo, CA 94592
Administered By:
Praxis Associates Inc.
1101 Nimitz Avenue
Vallejo, CA 94592
Name and Address of Supplier:
Prompt Payment Discount:
Submit Invoices to:
See Section G, G-4 Invoices.
Item No. Supplies or
Services
Quantity Unit of Issue Unit Price Amount
See Continuation
Sheet
Total Amount of Contact: $
Praxis Associates Inc. will complete only the items below as applicable SUPPLIERS NEGOTIATED AGREEMENT Supplier is
required to sign this document and return 3 copies to the
issuing Office. Supplier agrees to furnish and deliver all
items or perform the services set forth above or otherwise
identified on a Continuation sheet for the consideration
stated above. The rights and obligations of the parties shall
be subject to and governed by the following documents: the
solicitation, such provisions, representations, certifications
and specifications contained herein and the Suppliers
proposal as attached.
AWARD Your offer on Praxis Associates Inc. solicitation
number: 11-R-0005, including the additions or changes made
by you, are hereby accepted by Praxis Associates Inc. This
award consummates the Contract which includes the
Solicitation, your offer as amended, and this Contract. No
other contractual document is necessary.
Name And Title of Signer for Supplier
(Print or Type)
e-mail of supplier contact:
Name and Title of Person signing for Praxis
Associates Inc.
Robert Volker
Chief Operations Officer
Name of Supplier
By___________________________
Authorized Signature
Date Signed Praxis Associates Inc.
By______________________________
Authorized Signature
Date Signed
3
TABLE OF CONTENTS
1. Contract Form and Instructions
2. SECTION B
Pricing Schedule
3. SECTION C
Statement of Work
4. SECTION D
Packaging and Marking
5. SECTION E
Inspection and Acceptance
6. SECTION F
Performance
7. SECTION G
Contract Administration
8. SECTION H
Special Terms
9. SECTION I
Contract Clauses
10. SECTION J
Attachments
11. SECTION K
Representations and Certifications
12. SECTION L
Instructions
13. SECTION M
Evaluations Factors for Award
4
SECTION B
Pricing Schedule
B-1. The estimated amount of Telecommunication Shelters including all installed power systems is
described below in Table 1. and Exhibit 4. The Supplier will propose a price for the Shelters at the
estimated quantities indicated below, as well as a total price. The quantities indicated below
represent the anticipated quantities; the actual amount of Telecommunication Shelters required
may vary following detailed network design. In addition, Praxis reserves the right to select the
quantities and types of Shelters from both CLIN 0001 and 0002, in the total initial estimated
amounts but does not guarantee the estimated total number of Telecommunications Shelters will be
purchased.
B-2. In table 2, below, the seller will propose a price for a field installed gabled roof, for each
type of telecommunications shelter. Detailed information is contained in Sections C.
Additionally, in table 2, the seller will propose a price for each generator shelter; however, please
see Section J for pictures of an acceptable Telecommunications and Generator Shelters.
B-3. The unit price will govern if an error occurs in arithmetic extension. The correct result
governs in the case of arithmetic errors.
B-4. Praxis Associates Inc. reserves the right to award a Contract without discussions. Suppliers
are cautioned to provide their best pricing in their proposal.
Pricing Table 1.
Estimated Total Telecommunication Shelters
CLIN Item Description
Estimated Total
Quantity Unit Price Total Price
0001 Shelters, Telecommunications,
including delivery and setup ////////////////// //////////////// /////////////////
0001a Shelter, Telecommunications,
12’ x 12’
2
0001b Shelter, Telecommunications,
12’ x 26’ 1
Total Price 3 ///////////////
5
Pricing Table 2
Estimated Number of Gabled Roofs &
Generator Shelters
CLIN Item Description
Estimated
Quantity
Unit
Price Total Price
0002 Roof, Metal, Gabled, for
Telecommunications Shelters, Installed
(see Section J) Shelters 1 to 1 Pitch 0
0002a
Roof, Metal, Gabled, for
Telecommunications Shelters, Installed
(see Section J) on 12’ x 12’ Shelters in,
NV, 1 to 1 Pitch 2
0002b
Roof, Metal, Gabled, for
Telecommunications Shelters,
Installed (see Section J) on 12’ x 26’
1 to 1 Pitch 1
0001a
Shelter, for Generators, Installed
Design to be provided by Offeror
(see Section J) Same Pitch as
CLIN 0002
3
Total Price 6 ///////////////
The Seller shall provide all management, supervision, materials, drawings, and specifications for
the installation of a gabled roof on three Telecommunications Shelters. Praxis reserves the right to
adjust the quantities in CLINs 0001 and 0002 as needed.
AMOUNT OF TELECOMMUNICATIONS SHELTERS REQUIRED FOR
THE FIRST ORDER
The estimated amount of each type of Telecommunications Shelters required for the first order
of the project is Three (3) each. The estimated delivery date for the first order will be August
2012, or as soon as possible thereafter. See Exhibit 4, for the required delivery
schedule.
6
SECTION C
STATEMENT OF WORK
RESPONSIBILITIES
1. The Vendor shall provide all necessary management, supervision, specifications, drawings,
detailed information, and pricing based on the following: Communications Shelters, Standard Shelter
and Equipment Specifications for three Shelters. See Exhibit 4 for site specific details. All
Communication Shelters shall meet or exceed the building code requirements for the State of Nevada
(see Exhibit 4) and the county where they will be located.
2. All openings in the shelter structure for the provisions of entry or exit of cables, equipment,
ventilation, etc. must be sealed to prevent the invasion of the shelter interior by insects, rodents and
external moisture.
3. Exterior Walls Pattern and Color.
a. Simulated Exposed Aggregate or Simulated Limestone Block, or Simulated
Stucco, the latter two painted a light neutral color as approved by local planning
commissions. Sample colors are provided in Exhibit 4., but are not guaranteed that
these colors will be the final approved colors. The pattern and color required will
depend on ship-to location. See Exhibit 4.
b. Walls and ceiling shall be covered with commercial grade wall paneling, white in
color, over R-11 insulation on the walls and R-19 ceiling.
4. Loading
a. Minimum Floor Load: 200 PSF
b. Minimum Roof Load: 60 PSF
c. Wind Load: 100 MPH
d. Seismic Zone: 4
e. Fire Rating: Offers’ shall provide the fire rating for the
Telecommunications Shelter they are proposing
5. Door
A single, reinforced steel finished door shall be located on each shelter, per Exhibit 1.
The door shall be pre-hung, gasket sealed, insulated, approximately 3 foot by 7 foot,
and in a metal frame. Door will be supplied with door-closer, weather stripping, and
drip-strip over door and lockset with changeable core.
6. Interior Floor:
Floor shall be covered with Vinyl composition tile with rubber base molding.
7
7. Electrical Power:
a. 200 amp electrical service 120/240V single-phase (40 slot distribution panel),
required conduit, connectors, breakers, wire, and clamps. Electrical installation and
wiring shall conform to the latest version of the National Electrical Code.
b. Surge suppression, Polyphaser or equivalent shall be installed across the main
utility panel board.
c. Surface mounted, grounded, duplex convenience outlets shall be provided at five
(5) foot intervals (where possible) around the interior walls. Outlets shall be
installed 18 inches above finished floor.
d. 48-inch, two or four- tube fluorescent fixtures shall provide sufficient lighting for
the shelters. Lights shall be controlled by a wall switch internal to the shelter, and
located at the entry door. Balance the lighting load across the phases.
e. A manually operated, weatherproof exterior entry light (23 watt CFL), shall be
installed outside the doorway of the structure. Motion Detection Lights shall not
be used.
f. A lighted “EXIT” sign above the interior exit door.
8. Grounding
a. 1/4” x 4” x 20” ground bar located on interior wall using 2-inch standoff
insulators with #2 bare solid tinned copper ground drop.
b. #2 green insulated stranded copper ground bus below cable racks secured to
dedicated brackets for equipment rack grounding attached to Main Ground
Bus.
c. #6 green insulated stranded copper peripheral equipment and cable rack
grounding attached to #2 Main Ground Bus.
d. #2 Green insulated stranded copper ground from load center neutral to Main
Ground Bus.
e. Insulated welding cable (or equivalent) door ground strap to Main Ground
Bus.
9. Emergency Generator and Automatic Transfer Switch (“ATS”). All sites will be
Equipped with either a 48, 70 or 100 KW auto-start generator compatible with the
ATS. The generators will be equipped to use propane and will be provided and
installed by the Seller. Each generator shall have a noise level of less than 61 dBs
at7 meters under normal operations and under 65 dBs at 7 meters at full load..
a. Provide and install one automatic transfer switch, Generac RTSN400J3 or
equivalent, 200 Amps 1-Phase, open transition, with programmable exerciser.
b. Wire air conditioners for sequential start.
c. Wiring from the generator to the building will be underground but enter the
building and transfer switch via an entrance hub installed near the main power
entrance.
8
10. Environmental
For 12'x26' shelters:
a. Two (2) ea. 6 ton single phase HVAC Units, with wall mounted thermostats,
with 5 kW heat strips, and Enhanced Dual Lead /Lag Controller.
b. The outside portions of the unit will be weather/rodent/tamper proof.
For 12'x12 shelters:
a. One (1) ea. 4 ton single phase HVAC Units, with wall mounted thermostats,
with 5 kW heat strips, and Enhanced Dual Lead /Lag Controller.
b. The outside portions of the unit will be weather/rodent/tamper proof.
11. Alarms
Alarm package (door, smoke, power failure, HVAC fail, high/low temperature and
humidity, surge arrestor fail) terminated on a 66-block.
12. DC Power, One (1), Bulk power plant meeting the following characteristics:
a. Powered by A.C.
b. All rectification and distribution equipment to be installed in a single 84” tall by
23” relay rack, Zone-4 rated. (See California Building Code Requirements)
c. One or more rectifier shelves holding modular rectifiers producing DC output in
the range of 40 to 65 Amps each. Shelf controller will monitor rectifier
Modules and hot-switch as required if a module should fail. (1+n capability).
d. The ultimate DC requirement will be 600 Amps. Equip rectifier modules for an
initial output of 200 Amps. Install blank plates for all unused module positions.
e. One or more distribution panels as required for: 18A and 18B breaker positions.
f. Equip 9 on each side with 30Amp bullet-nose load breakers.
g. Equip for 8, 100Amp battery breakers, either within the distribution panel or
installed on the battery rack.
h. Low Voltage disconnect features will not be required.
j. Furnish and install one or more battery racks to hold a total of eight (8) battery
strings. Each string shall be composed of four (4) 12V VRLA batteries, GNB
Marathon 155Ah or equivalent.
k. Battery and Return Battery using #6 AWG stranded wire shall be run from DC
Plant to the following:
(1). A & B battery and return from 30 amp breakers located in DC Plant to
Frames 01 through 04, and Frames 06 through 09 to the top of equipment rack
(enough slack should be provided to terminate to fuse panel located in top of
rack).
(2). All power terminations in the DC plant will be provided by vendor.
(3). All power termination in the equipment racks will be provided by Praxis
Associates Inc.
The preferred layout, (see exhibit 3), is 3 battery shelves in the rectifier bay and 5 shelves in the
9
Adjacent battery bay. See exhibit 4., for a list of bulk power system vendors producing systems
which meet Praxis Associates Incorporated’s needs.
13. Equipment Racks:
For 12'x26' shelters: Nine (9), 7’ x 23” equipment racks with ground bars (see Exhibit 1 for
equipment rack locations).
For 12'x12 shelters: Three (3), 7’ x 23” equipment racks with ground bars
14. Cable Ladder:
For 12'x26' shelters: Approximately 58 LF of 12" cable ladder above equipment
and power line-ups (see exhibit 1 &2)
For 12'x12 shelters: Approximately 30 LF of 12" cable ladder above equipment
and power line-ups (see exhibit 1 &2)
Place 2-bar auxiliary framing as required to comply with installation standards.
15. Fiber Guide:
6” yellow fiber guide, elbows, down spouts, etc. installed above cable ladder. 2” yellow
slotted fiber guide between each equipment racks (see Exhibit 1 & 2).
16. Cable Entrance:
Provide a 18”x18” opening in the floor as shown on Exhibit 1 for fiber cable entrance
ducts. Locate exactly 6” from walls. This area will be grouted after building
installation.
17. Fire Suppression:
Install one (1) 20 pound CO2 fire extinguisher. Install near the entrance.
18. Engineering:
Provide an Engineering Analysis Package with available Certifications with each
building.
19. Shipping to site and provide crane services for installation and set-up.
20. Set shelter and generator at site and set up and install batteries, construct roofs as
ordered and construct generator shelters as ordered.
The following will be provided by Praxis Associates Inc.: a. Lot preparation.
b. Fencing
c. External Ground Field.
10
d. Foundations for shelters, generators and stoops. Vendor to supply detailed engineering drawings
for the foundations, identifying exact location of cable and electrical entrance.
e. LPG Tank & Fuel.
f. 200 amp meter base from pole source (120/240, 3-phase).
g. Place (6), 4” PVC from shelter foundation to hand hole for fiber entrance.
11
EXHIBIT 1a – Floor Plan for 12’ x 26
Telecommunications Shelter
Batt
ery
Rack
2Ba
tter
y Ra
ck
Rect
ifier
Bay
Fram
e 05
Cabl
e en
tran
ce
18"x
18".
See
inst
alla
tion
note
s
Fram
e 02
Fram
e 03
Fram
e 04
Fram
e 01
Fram
e 06
Fram
e 07
Fram
e 09
Fram
e 08
futu
re f
ram
es,
rack
s, o
r ca
bine
ts fo
r ex
pans
ion
or c
olo
26'-0
"
11'-6
"
6" fi
berg
uide
, A
DC
or
Pow
er
entr
ance
,ser
vice
disc
, tr
f sw
itch
8'-0
"24
"24
"
Bar
d6
ton
AC
Bar
d6
ton
AC
24"
24"
13
Notes on Exhibit 2, Plan Detail and Relay Rack line-up 01
The purpose of the drawing is to provide a preliminary view of the racking and support available to
the optical electronics which will be placed in Frames 01 through 04 and 07 through 09. Aisle
spacing must be maintained as shown to provide adequate work space. The 36 inches shown in
front of the rectifier and battery bays is considered minimum for safety. If mid-plane design
chassis are used, or if chassis exceeding 16 inches in depth are used, they should be placed in
Frames 07 through 09.
If the optical equipment chosen requires additional frames, they can be placed in the area labeled
“Future Racking”.
ADC HD LSX panels terminate 288 fibers and are pre-terminated (using pigtails). This type of
panel will splice to the main cables and supported in the ladder racking. Do not penetrate any
ladder racking with cables or wires.
The yellow lines represent TE/ADC fiber guide jumper management systems.
15
EXHIBIT 4 – Site Specific Details for Buildings
Node Location Bldg Size Gen.kW Pattern Color On Site
Wadsworth 12x12 70 Exp Aggregate Brown Aug 2012
Nixon 12x26 70 Exp Aggregate Brown Aug 2012
Sutcliffe 12x12 70 Exp Aggregate Brown Aug 2012
The following Manufacturers of Bulk Power Systems produce systems have been
reviewed by Praxis Associates Inc. and all meet the minimum required specifications:
Manufacturer Model Contact Information Representative Phone
Lineage/GE CPS6000 FSI Energy Services Billie Nejedly 800-582-5028
Emerson
Network Power
Netsure 701 Emerson Network
Energy Sysyems
Greg Draves 925-672-0772
C&D Technologies Sageon II C&D Technologies Peter Berson 805-323-5920
Eltek Valere FP2 DC
Power System
Eltek Valere Mike Warren 214-534-3814
16
SECTION D
Packaging and Marking
D-1. No separate freight/delivery/fuel charges will be paid by Praxis Associates Inc. unless specifically
provided for in the Purchase Order. All pricing will be FOB destination.
D-2. Praxis Associates Inc. will not pay for packaging, boxing or cartage. Damage resulting from
improperly packaged material will be charged to the Supplier.
D-. For each Telecommunication Shelter, a brass plaque will be placed next to the entrance door and
contain the following information on the cover: “PLPT Telecommunications” and in the center of the
cover will be PLPTs Logo, followed by PLPT’s address and NOC’s telephone number (to be
provided), under the logo.
D-4. Delivery will be over a 1 month period, beginning in Aug. 2012
17
SECTION E
Inspection and Acceptance
E-1 All deliveries and services furnished under this Contract must be of the quality specified or
in the event no quality is specified, must be the best of their respective kinds, and will be subject
to inspection and approval of Praxis Associates Inc. within a reasonable time after delivery of
goods or completion of services. When manufacturing specifications are referred to in this
Contract, such specifications shall be deemed to be an integral part hereof as if duly set out
herein. Goods and services shall be replaced at no additional charge to Praxis Associates Inc. if
they prove to be defective and/or not in accordance with specifications. Rejected materials shall
be returned at the risk and expense of the Supplier. If Praxis Associates Inc. does not desire
replacement, the Supplier shall issue a full credit.
E-2 All telecommunication shelters and installed equipment will be 100% inspected at the
factory. The supplier shall provide satisfactory proof of inspection to Praxis Associates Inc.,
prior to shipping.
E-3- QUALITY ASSURANCE PROVISION
The manufacturer shall be ISO 9001 registered and compliant. The manufacture shall provide
documentation which clearly shows the manufacture is ISO compliant with their proposal.
E-4 –All Telecommunication Shelters, on-site construction of roofs or generator shelters shall meet
California and all county building codes. All required permits shall be pulled by the buyer for the
placement of the shelters and construction of generator shelters. All necessary encroachment
permits, trip permits and so-forth are the responsibility of the Seller.
.
18
SECTION F
Performance
F-1. Period of Performance
Performance shall commence on the date of Notification of Contract Award by Praxis
Associates Inc. unless otherwise specified. It shall continue until the project has been
completed and all Telecommunications Shelters have been delivered, inspected and accepted by
Praxis Associates Inc., unless terminated sooner under the provisions of this Contract
F-2. Time of Delivery
1. Praxis Associates Inc. requires delivery Approximately Mid-March 2012, of approximately
three, telecommunications shelters. The suppliers shall positively affirm the below shipping
schedule in their proposal.
REQUIRED DELIVERY SCHEDULE FOR INITIAL ORDER
MILESTONE ESTIMATED
QUANITY
DELIVERY DATES
Initial Delivery. 3 Approximately Aug 2012
Est. 2nd
Delivery N/A
Est. 3rd
Delivery N/A
Est. 4th
Delivery N/A
Est. 5th
Delivery N/A
2. Praxis Associates Inc. will evaluate equally, in regards to time of delivery, offers which
propose schedules within the applicable delivery period as specified above. Offers that propose
delivery which will not clearly fall within the applicable required delivery period specified
above, will be considered, but will not receive the maximum scoring points allowed in Section
M. Praxis Associates Inc. reserves the right to award multiple Contracts or a single Contract
based upon what is most advantageous to Praxis Associates Inc.
F-3 Delivery Locations
1. Delivery and set-up, will be made to each node location : Wadsworth, Nixon, and Sutcliffe
NV, please see Exhibit 4, for locations. Bidders, in their pricing shall include all shipping
charges – FOB Destination.
19
SECTION G
Contract Administration
G-1 Contract Administration
1. The Contract will be administered by Praxis Associates Incorporated’s office in 1101 Nimitz
Avenue, Vallejo, CA 94592. This office is the only office authorized to approve changes or
modify any of the requirements contained elsewhere in this Contract; this authority remains
solely with the COO of Praxis Associates Inc. In the event the Supplier effects any such change
at the direction of any other person other than the COO of Praxis Associates Inc, the change will
be considered to have been made without authority and no adjustment will be made in the
Contract price to cover any increased costs incurred by the Supplier as a result thereof.
2. The Supplier shall submit requests for modifications of this Contract to Praxis’ Vallejo office.
A total of three copies will be provided.
3. Contractual problems, of any nature, which may arise during the life of this Contract, must be
handled in conformance with very specific public laws and only the COO of Praxis Associates
Inc. is authorized to formally resolve such problems. Therefore, the Supplier is hereby directed
to expeditiously bring all such contractual problems to the immediate attention of Praxis’ CEO.
4. All requests for information on matters related to this Solicitation and resulting Contract,
such as explanation of terms and Contract interpretation, shall be submitted in writing.
G-2 Praxis Associates Inc. Field Representative
1. Definition. "Field Representative" means an individual authorized in writing by the CEO to
perform specific technical or administrative functions at the job site, such as inspect and accept
shipments.
2. If the COO designates a Field Representative, the Supplier will receive a copy of the written
designation. It will specify the extent of the field representative’s authority to act on behalf of
Praxis Associates Inc. The Field Representative is not authorized to make any commitments or
changes which will affect price, quality, quantity, delivery, or any other term or condition of the
Contract without approval from the COO. The Field Representative may re-delegate the
authority to accept shipments of material.
G-3 Suppliers Remittance Address
The Supplier will provide a remittance address.
20
G-4 Invoicing
1. All Invoicing will be sent to Praxis Associates Inc., Attention: Accounts Payable, 1101
Nimitz Ave, Vallejo, CA 94592. The Invoices must show Delivery Address or Location of
delivery, person accepting delivery, and indicate if it represents partial or complete billing.
Separate invoices shall be rendered for each Purchase Order issued under this Contract. Invoices
shall also include the following information:
a. Supplier’s name;
b. Address;
c. Federal tax identification number;
d. Contract number, if applicable;
e. Purchase Order number;
f. Contract line number, if applicable;
g. Unit price and extended price (if applicable, the unit price must match a
Contract Line Item in Schedule B. in this Contract); and
h. Description of goods provided and/or services performed.
2. Invoices will be submitted in an original copy and 2 additional copies, and will be mailed to
the above address.
3. Invoices will be rendered by the Supplier once a month on the 15th
day for each calendar
month. Invoice will be paid net 45, unless a discount is offered. Praxis will make every effort to
avail itself of any discount offered. Please see Section M for evaluation of discounts in award.
4. Praxis Associates Inc. has the right to refuse to make payment on any invoice unless and until
verification of receipt by Praxis Associates Inc. can be determined. Praxis Associates
Incorporated’s payment for any material shall not constitute acceptance of the material or a
waiver of any rights of Praxis Associates Inc.
22
SECTION I
Contract Clauses
I-1 Type of Contract.
Praxis Associates Inc. contemplates award of a Firm Fixed Price, Indefinite Quantity, Indefinite
Delivery Contract resulting from this solicitation. There is no minimum amount guaranteed by
Praxis to be purchased under this contract.
I-2 Federal Uniform Administrative Requirements.
1. Supplier agrees to comply with all the requirements set forth in Executive Order 11246 of
September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
Chapter 60).
2. Supplier agrees to comply with all the requirements of the Copeland Anti-Kickback Act (18
U.S.C.§ 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
3. Supplier agrees to comply with all the requirements of the Davis-Bacon Act (40 U.S.C. §
276(a) to 276(a)(7) as supplemented by Department of Labor regulations (29 CFR Part 5).
4. Supplier agrees to comply with all the requirements set forth in Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. §327-330) as supplemented by
Department of Labor regulations (29 CFR Part 5).
5. Supplier acknowledges and agrees that this Contract is subject to Subpart C of
2 CFR Part 1326, ― Government wide Department and Suspension (Non-procurement). The
supplier shall so state in their proposal that they are not debarred or suspended from receiving
an award using Government funds.
6. For Contracts that exceed $100,000, the Supplier agrees and acknowledges that this Contract
is also subject to 31 U.S.C § 1352, as implemented at 15 CFR Part 28, ―New Restrictions on
Lobbying. The Supplier agrees to submit a completed ―Disclosure of Lobbying Activities
(Form SF-LLL) regarding the use of non-Federal funds for lobbying within 15 days following
the end of the calendar quarter in which the event occurred that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form previously
filed.
7. The Supplier acknowledges and agrees that the rights to any invention made by a recipient
will be determined by the Bayh-Dole Act, Pub. L. 96-517, as amended, and codified in 35
U.S.C. § 200 et seq., except as otherwise required by law. The specific
23
requirements governing the development, reporting, and disposition of rights to inventions and
patents resulting from financial assistance awards are described in more detail in 37 CFR Part
401 and in particular, in the standard patent rights clause in 37 CFR § 401.14, which is hereby
incorporated by reference into this award.
8. The Supplier further acknowledges and agrees that it may copyright any work produced
subject to the Department of Commerce’s (DOC) royalty-free nonexclusive and irrevocable
right to reproduce, publish or otherwise use the work or authorize others to do so for
Government purposes. Works jointly authored by DOC and the Supplier may be copyrighted
but only the part authored by the Supplier is protected. On occasion, DOC may ask the Supplier
to transfer to DOC its copyright in a particular work when DOC is undertaking the primary
dissemination of the work.
9. The Supplier further acknowledges and agrees that rights to any work produced or purchased
as a result of this Contract are determined by 15 CFR Part 24.34 and 15 CFR Part 14.36. Such
works may include data, databases or software. The Supplier ownership of any work produced
or purchased under this Contract is subject to DOC’s right to obtain, reproduce, publish or
otherwise use the work or authorize others to receive, reproduce, publish or otherwise use the
data for Government purposes.
10. The Supplier agrees to comply with all applicable standards, orders, or requirements issued
under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), § 508 of the Clean Water Act (33
U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR Part 15).
11. The Supplier agrees to comply with the mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).
12. Supplier agrees to comply with the Whistleblower Protection requirements of the American
Recovery and Reinvestment Act (Recovery Act), Section 553 of Division A, Title XV, Public
Law 111-5, and shall post notice of the rights and remedies provided under the Act. The poster
can be downloaded from the following web site:
Http://www.oig.doc.gov/recovery/whistleblower.html.
I-3 Reserved
24
I-4 No Waiver
No failure or delay by Praxis Associates Inc. to insist upon the strict performance of any term,
condition or covenant of this Agreement, or to exercise any right, power, or remedy consequent
upon a breach thereof, shall constitute a waiver of any such term, condition, or covenant or of
any such breach, or preclude Praxis Associates Inc. from exercising any such right, power, or
remedy at any later time or times.
I-5 Availability of Funds
All funding for this Contract has been provided under a Grant from the Department of
Commerce (“DOC”), and is subject to review and approval. Notwithstanding anything else
contained elsewhere in this Contract, the Supplier is advised to take no action until it
receives a written Notice to Proceed, from Praxis Associates Inc.
I-6 Default
(a)(1) Praxis Associates Inc., may, subject to paragraphs (c) and (d) of this clause, by written
notice of default to the Supplier, terminate this Contract in whole or in part if the Supplier fails
to—
(i) Deliver the supplies or to perform the services within the time specified in this
Contract or any extension;
(ii) Make progress, so as to endanger performance of this Contract (but see
paragraph (a)(2) of this clause); or
(iii) Perform any of the other provisions of this Contract (but see paragraph (a)(2) of this
clause).
(2) Praxis Associates Inc.’s right to terminate this Contract under subdivisions (a)(1)(ii) and
(1)(iii) of this clause, may be exercised if the Supplier does not cure such failure within 10 days
(or more if authorized in writing by Praxis Associates Inc) after receipt of the notice from Praxis
Associates Inc. specifying the failure.
(b) If the Praxis Associates Inc. terminates this Contract in whole or in part, it may acquire,
under the terms and in the manner the Praxis Associates Inc. considers appropriate, supplies or
services similar to those terminated, and the Supplier will be liable to Praxis Associates Inc. for
any excess costs for those supplies or services. However, the Supplier shall continue the work
not terminated.
(c) Except for defaults of sub-Suppliers at any tier, the Supplier shall not be liable for any
excess costs if the failure to perform the Contract arises from causes beyond the control and
without the fault or negligence of the Supplier. Examples of such causes include
(1) acts of God or of the public enemy,
(2) acts of Praxis Associates Inc. in either its sovereign or contractual capacity,
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(3) fires,
(4) floods,
(5) epidemics,
(6) quarantine restrictions,
(7) strikes,
(8) freight embargoes, and
(9) unusually severe weather.
In each instance the failure to perform must be beyond the control and without the fault or
negligence of the Supplier.
(d) If the failure to perform is caused by the default of a sub-Supplier at any tier, and if the
cause of the default is beyond the control of both the Supplier and sub-Supplier, and without the
fault or negligence of either, the Supplier shall not be liable for any excess costs for failure to
perform, unless the sub-contracted supplies or services were obtainable from other sources in
sufficient time for the Supplier to meet the required delivery schedule.
(e) If this Contract is terminated for default, Praxis Associates Inc. may require the Supplier to
transfer title and deliver to Praxis Associates Inc., as directed by the Praxis Associates Inc., any
(1) completed supplies, and
(2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans,
drawings, information, and Contract rights (collectively referred to as “manufacturing
materials” in this clause) that the Supplier has specifically produced or acquired for the
terminated portion of this Contract. Upon direction of Praxis Associates Inc., the Supplier shall
also protect and preserve property in its possession in Praxis Associates Inc. has an interest.
(f) Praxis Associates Inc. shall pay the Contract price for completed supplies delivered and
accepted. The Supplier and Praxis Associates Inc. shall agree on the amount of payment for
manufacturing materials delivered and accepted and for the protection and preservation of the
property. Failure to agree will be a dispute under the Disputes clause. Praxis Associates Inc.
may withhold from these amounts any Praxis Associates Inc. determines to be necessary to
protect Praxis Associates Inc. against loss because of outstanding liens or claims of former lien
holders.
(g) If, after termination, it is determined that the Supplier was not in default, or that the default
was excusable, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of Praxis Associates Inc.
(h) The rights and remedies of Praxis Associates Inc. in this clause are in addition to any other
rights and remedies provided by law or under this Contract.
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I-7 Termination for Convenience
(a) Praxis Associates Inc. may terminate performance of work under this Contract in whole or,
from time to time, in part if Praxis Associates Inc. determines that a termination is in Praxis
Associates Inc. interest. Praxis Associates Inc. shall terminate by delivering to the Supplier a
Notice of Termination specifying the extent of termination and the effective date.
(b) After receipt of a Notice of Termination, and except as directed by Praxis Associates Inc.,
the Supplier shall immediately proceed with the following obligations, regardless of any delay
in determining or adjusting any amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further sub-contracts or orders (referred to as sub-contracts in this clause)
for materials, services, or facilities, except as necessary to complete the continued
portion of the Contract.
(3) Terminate all sub-contracts to the extent they relate to the work terminated.
(4) Assign to Praxis Associates Inc., as directed by Praxis Associates Inc. , all right, title,
and interest of the Supplier under the sub-contracts terminated, in which case Praxis
Associates Inc. shall have the right to settle or to pay any termination settlement
proposal arising out of those terminations.
(5) With approval or ratification to the extent required by Praxis Associates Inc., settle
all outstanding liabilities and termination settlement proposals arising from the
termination of sub-contracts; the approval or ratification will be final for purposes of
this clause.
(6) As directed by Praxis Associates Inc., transfer title and deliver to Praxis Associates
Inc.
(i) The fabricated or unfabricated parts, work in process, completed work,
supplies, and other material produced or acquired for the work terminated; and
(ii) The completed or partially completed plans, drawings, information, and other
property that, if the Contract had been completed, would be required to be
furnished to Praxis Associates Inc. .
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that Praxis Associates Inc. may direct, for
the protection and preservation of the property related to this Contract that is in the
possession of the Supplier and in which Praxis Associates Inc. has or may acquire an
interest.
(9) Use its best efforts to sell, as directed or authorized by Praxis Associates Inc., any
property of the types referred to in paragraph (b)(6) of this clause; provided, however,
that the Supplier
(i) is not required to extend credit to any purchaser and
(ii) may acquire the property under the conditions prescribed by, and at prices
approved by, Praxis Associates Inc. . The proceeds of any transfer or disposition
will be applied to reduce any payments to be made by Praxis Associates Inc.
under this Contract, credited to the price or cost of the work, or paid in any other
manner directed by Praxis Associates Inc.
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(c) The Supplier shall submit complete termination inventory schedules no later than 120 days
from the effective date of termination, unless extended in writing by Praxis Associates Inc. upon
written request of the Supplier within this 120-day period.
(d) Reserved
(e) After termination, the Supplier shall submit a final termination settlement proposal to Praxis
Associates Inc. in the form and with the certification prescribed by Praxis Associates Inc. The
Supplier shall submit the proposal promptly, but no later than 1 month from the effective date of
termination, unless extended in writing by Praxis Associates Inc. upon written request of the
Supplier within this 1 month period. However, if Praxis Associates Inc. determines that the facts
justify it, a termination settlement proposal may be received and acted on after 1 month or any
extension. If the Supplier fails to submit the proposal within the time allowed, Praxis Associates
Inc. may determine, on the basis of information available, the amount, if any, due the Supplier
because of the termination and shall pay the amount determined.
(f) Subject to paragraph (e) of this clause, the Supplier and Praxis Associates Inc. may agree
upon the whole or any part of the amount to be paid or remaining to be paid because of the
termination. The amount may include a reasonable allowance for profit on work done.
However, the agreed amount, whether under this paragraph (f) or paragraph (g) of this clause,
exclusive of costs shown in paragraph (g)(3) of this clause, may not exceed the total Contract
price as reduced by (1) the amount of payments previously made and (2) the Contract price of
work not terminated. The Contract shall be modified, and the Supplier paid the agreed amount.
Paragraph (g) of this clause shall not limit, restrict, or affect the amount that may be agreed
upon to be paid under this paragraph.
(g) If the Supplier and Praxis Associates Inc. fail to agree on the whole amount to be paid
because of the termination of work, Praxis Associates Inc. shall pay the Supplier the amounts
determined by Praxis Associates Inc. as follows, but without duplication of any amounts agreed
on under paragraph (f) of this clause:
(1) The Contract price for completed supplies or services accepted by Praxis Associates
Inc. (or sold or acquired under paragraph (b)(9) of this clause) not previously paid for,
adjusted for any saving of freight and other charges.
(2) The total of—
(i) The costs incurred in the performance of the work terminated, including
initial costs and preparatory expense allocable thereto, but excluding any costs
attributable to supplies or services paid or to be paid under paragraph (g)(1) of
this clause;
(ii) The cost of settling and paying termination settlement proposals under
terminated sub-contracts that are properly chargeable to the terminated portion of
the Contract if not included in subdivision (g)(2)(i) of this clause; and
(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by Praxis
Associates Inc. to be fair and reasonable; however, if it appears that the Supplier
would have sustained a loss on the entire Contract had it been completed,
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Praxis Associates Inc. shall allow no profit under this subdivision (g)(2)(iii) and
shall reduce the settlement to reflect the indicated rate of loss.
(3) The reasonable costs of settlement of the work terminated, including—
(i) Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination settlement proposals and supporting data;
(ii) The termination and settlement of sub-contracts (excluding the amounts
of such settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary for
the preservation, protection, or disposition of the termination inventory.
(h) Except for normal spoilage, and except to the extent that Praxis Associates Inc. expressly
assumed the risk of loss, Praxis Associates Inc. shall exclude from the amounts payable to the
Supplier under paragraph (g) of this clause, the fair value, as determined by Praxis Associates
Inc. of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to
Praxis Associates Inc.
I-8 GOVERNING LAW
1. This Agreement shall be governed by and construed in accordance with the laws of the State
of Nevada without regard to any choice of law principles that would dictate the laws of any
other Jurisdiction. The parties agree that the exclusive venue for any and all actions related
hereto shall be the appropriate Federal or State court located within the State of Nevada.
2. The laws of Nevada shall govern the resolution of any issue arising in connection with the
Contract, including, but not limited to, all questions on the validity of the Contract, the capacity
of the parties to enter therein, any modification or amendment thereto, and the rights and
obligations of the parties hereunder.
I-9 SEVERABILITY
If any part of the Contract documents is found to be in conflict with the applicable law, that part
shall be inoperative and void only to the extent that it conflicts with the law, but the remainder
shall have full force and effect.
I-10 ARBITRATION
Any claim arising out of or related to this Contract shall be subject to binding arbitration. Prior
to proceeding with arbitration, however, the parties shall endeavor to resolve disputes by
mediation in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association (“AAA”) currently in effect. Claims not resolved by mediation shall be
decided by arbitration which shall be in accordance with the Construction Industry Arbitration
Rules of the AAA currently in effect. Demand for arbitration shall be filed in writing with the
other party to this Contract and with the AAA. The demand for mediation may be made
concurrently with the
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filing of a demand for arbitration but, in such event, mediation shall proceed in advance of
arbitration, which shall be stayed for a period of sixty (60) days to allow the mediation
session(s) to occur. A demand for mediation and/or arbitration shall be made within the time
limits set forth in immediately following subsections. The award rendered by the arbitrator or
arbitrators shall be final, and judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof. The parties shall equally bear the cost of any
mediation or arbitration.
I-11 HOLD HARMLESS/INDEMNIFICATION
1. The Supplier shall indemnify and hold Praxis Associates Inc. and its officers, agents and
employees harmless from and against all costs, losses, liability, judgments, fines, and expenses,
including reasonable attorney's fees, howsoever arising or incurred, alleging damage to property
or injury to, or death of, any person arising out of or attributable to the Suppliers 's performance
of this Contract, except if that the damage, injury or death is caused by the sole negligence or
willful misconduct committed of Praxis Associates Inc. or its employees, agents and officers.
2. Any property or work to be provided by the Supplier under this Contract will remain at the
Supplier's risk until written acceptance by Praxis Associates Inc. is issued and the Supplier will
replace, at Supplier's expense, all property or work damaged or destroyed by any cause
whatsoever.
L-12 NON-ASSIGNMENT OF CONTRACT
The Supplier shall not assign the Contract, or any portion thereof, except upon the written
approval of by Praxis Associates Inc. which it may withhold in its sole discretion.
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SECTION J
Attachments
J-1 Acronyms
ARRA – American Recovery and Reinvestment Act
PLPTT – Pyramid Lakes Paiute Tribe Telecommunications
CLIN – Contract Line Item Number
DOC – Department of Commerce
RFP – Request for Proposals
ATS – Automatic Transfer Switch
CARB – California Air Resources Board
J-2 Optional Telecommunications and Generator Shelters
Examples of completed Telecommunications and Generator Shelters.
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SECTION K
Representations and Certifications
K-1. Requirement as to Materials, Supplier's Responsibilities and Warranties:
a. The Supplier warrants and agrees that all materials supplied hereunder shall be manufactured
and produced in compliance with the laws, regulations, codes, terms, standards and/or
requirements of all Federal, State and local authorities and all other authorities having
jurisdiction, and that performance of the Purchase Order shall be in accordance with the above
laws, regulations, codes, terms, standards, and/or requirements, and agrees, upon request, to
furnish Praxis Associates Inc. a certificate of compliance in such forms as Praxis Associates Inc.
may require.
b. The Supplier warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing, or selling the goods shipped or ordered and Supplier agrees to
indemnify and hold Praxis Associates Inc. harmless from any and all liability, loss or expense
occasioned by such a violation.
c. Supplier warrants that the products delivered by Supplier hereunder shall be free from defects
in materials and workmanship for a period of __________ but in no event shall the warranty be
less than 3 (Three) years after the date of delivery to Pyramid Lake Paiute Tribe/Praxis
Associates, Inc. (Supplier to complete)
K-2 Buy American Act
The Contractor will supply Praxis Associates Inc., certification that their product(s) is complaint
with Buy American Requirements that are part of the ARRA Act of 2009 Section 1605 and
2CFR17 guidelines. There are exceptions to this requirement that if applicable, must be so
affirmed by Contractor.
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SECTION L
Instructions
L-1 Preparation of Proposals
1. Proposals must be (a.) submitted on the forms furnished by Praxis Associates Inc. or on copies of
those forms; and (b.) manually signed. The person signing their proposal (Section A, page 2) must
initial each erasure or change appearing on any proposal form.
2. The proposal form may require Offerors to submit proposed prices for one or more items on
various bases, including—
(a.) Lump sum price;
(b.) Alternate prices;
3. If the solicitation requires submission of a proposal on all items, failure to do so may result in the
proposal being rejected without further consideration. If a proposal on all items is not required,
Offerors should insert the words “no proposal” in the space provided for any item on which no
price is submitted.
4. Alternate proposals will not be considered unless this solicitation authorizes their submission.
L-2 Proposal Due Date, Time and Location for the Receipt of Bids
1. Proposals are due on 26 July 2012 at 4:00 PDT
2. Proposals shall be delivered to:
Rob Glidden
Praxis Associates, Inc.
1101 Nimitz Avenue
Vallejo, California 94592
3. Subsequent to the opening of delivered bids, Praxis will request electronic copies in PDF format
to be sent to [email protected]. Failure to observe this may result in disqualification.
L-3 Proposal Preparation Costs
Praxis Associates Inc., will not under any circumstances, be responsible for the reimbursement of
any costs which the offeror incurred in the preparation of its proposal.
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L-4 Modification of Bid Document by Praxis Associates Inc.
1. Praxis Associates Inc. expressly reserves the right to modify any part of the Bid Document at any
time prior to the date and time set for receipt of proposals. Modifications, if any, will be in the form of
written addendum which will be sent to all parties which have received copies of the Bid
Document. However, Bidder's failure to receive any addenda shall not relieve it from the
obligation of submitting its bid in full compliance with the Bid
2. Prior to submitting its proposal, Bidder shall independently verify that it has received all addenda.
L-5 Modification of Proposals
1. Bidder may modify its proposal by written request or facsimile communication at any time prior
to closing time for receipt of proposals, provided that Praxis Associates Inc. receives the complete
request at the place of opening prior to the closing time for receipt of proposals, and in the case of
facsimile communication, provided that Praxis Associates Inc. receives by the third day after
closing date written confirmation, signed by the Bidder and postmarked before the closing date and
time. Despite the provisions of this paragraph, Praxis Associates Inc. will not accept proposals
transmitted by facsimile equipment or other forms of electronic communication.
2. Bidder is solely responsible for timely receipt by Praxis Associates Inc. of any modification of its
proposal. The unavailability for any reason of Praxis Associates Inc.'s facsimile equipment for
receipt of Bidder's transmission of its modification shall not relieve Bidder of the responsibility set
out in the preceding sentence.
L-6 Withdrawal of Bids
Bidder may withdraw its proposal either personally, by facsimile equipment communication or by
written request, provided that Praxis Associates Inc. receives Bidder's notice of proposal
withdrawal at the place of opening prior to the scheduled closing time for receipt of proposals and,
in the case of facsimile communication, provided that Praxis Associates Inc. receives by the third
day after the closing date written confirmation signed by the Bidder and postmarked before the
closing date and time. Bidder is solely responsible for timely receipt by Praxis Associates Inc. of
any withdrawal of its proposal. The unavailability for any reason of Praxis Associates Inc.’s
facsimile equipment for receipt of Bidder's transmission of its withdrawal shall not relieve Bidder of
the responsibility set out in the preceding sentence.
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L-7 Rejection of Proposals
1. Praxis Associates Inc. reserves the right to reject any proposal or all proposals, and to waive
any informality in proposals received.
2. Praxis Associates Inc. may consider irregular and reject proposals if any of the unit prices are
unbalanced, either above or below the amount of a reasonable proposal.
L-8 Award
Praxis Associates Inc. will notify the successful Bidder in writing of the award of this Contract
within thirty (30) days after opening of proposals.
L-9 Late Proposals
Late Proposals will not be accepted, unless clear and convincing evidence is submitted which
clearly shows the proposal was mailed or sent via a private carrier at least 3 business days prior to
bid closing. Clear and convincing evidence is a US Post Office hand cancellation stamp clearly
showing the mailing date.
L-10 PREPARATION AND SUBMISSION OF PROPOSALS
a. BIDDER IS SOLELY RESPONSIBLE TO SEE THAT ITS PROPOSAL IS SUBMITTED
IN PROPER FORM. BIDDER'S FAILURE TO FOLLOW THESE INSTRUCTIONS MAY
CONSTITUTE CAUSE FOR REJECTION OF THE PROPOSAL.
b. Praxis Associates Inc. will make available to each Bidder a copy of the Bid Document and the
Bid Forms. Bidder shall submit each proposal in duplicate on the forms provided. Bidder shall
properly execute all copies, fill in all blank spaces and initial and explain in writing any
interlineations, alterations or erasures.
c. Each proposal shall contain the following:
1. An Executive Summary describing the Bidders proposed solution. This section will
present a high-level synopsis of the Vendor’s responses to this RFP. The Executive
Summary should be a brief overview, and should identify the main features and benefits
of the proposed work.
2. Scope, Approach, And Methodology - Include detailed procedures and technical
expertise by phase. This section should include a description of each major type of work
being performed. Specific milestones and deliverables should be specified.
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3. Deliverables - Include the description of the fully defined procurement, shipping and
delivery process Include a proposed timelines for key milestones associated with the
process.
4. The date of the proposal.
5. The full business address of the Bidder, including the street address if that differs
from the mailing address.
6. Bidder’s signature.
(a) For proposals by partnerships, signature with the partnership name followed by
the signature of one or more of the general partners authorized to bind the
partnership and a list of the names and addresses of all partners.
(b) For proposals by corporations/limited liability companies, signature with the
legal name of the corporation/limited liability company followed by the signature
and designation of the corporate officer(s) authorized to bind the corporation/limited
liability company and a designation of the state of incorporation/formation. The
corporation/limited liability companies will affix their Corporate Seal when
available. If the corporation/limited liability does not have a Corporate Seal the
company will denote as such.
(c) The name of each person signing shall be typed or clearly printed below
the signature. Upon request, Bidder shall furnish to Praxis Associates Inc.,
satisfactory evidence of the authority of any person who signs on behalf of a
partnership or corporation.
d. Each Bidder shall quote on all items in the Proposal including options and addenda, if any, unless
otherwise expressly stated in the Bid Document.
e. Bidder shall enclose its proposal in a sealed envelope distinctly labeled "Bid Proposal." The
sealed envelope shall designate:
1. The Bid Document number,
2. The title of the Bid Document, and
3. The name and address of the Bidder. Inside the sealed envelope the bidder shall provide
its bid, the completed bid forms, and Bid
f. Bidder is solely responsible for timely delivery of its proposal. Bidder shall follow the delivery
directions contained herein regarding address, date and hour. Bidder may either mail or deliver its
proposal. Praxis Associates Inc. WILL ACCEPT PROPOSALS TRANSMITTED BY FACSIMILE
OR ELECTRONIC COMMUNICATION. If mailed, Bidder shall address the proposal to:
Praxis Associates Inc.
Attention: Mr. Rob Glidden ([email protected])
1101 Nimitz Avenue, Vallejo,
California 94592
If delivered in person, the Bidder shall bring the proposal to Praxis Associates Inc. Praxis
Associates Inc., will mark any proposal received after the time set for receipt of proposals with the
date and time received and return it unopened. See Late Proposals, L-9 above.
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g. Praxis Associates Inc. reserves the right to provide addenda or extend the time for receiving and
opening proposals. Praxis Associates Inc. will provide any addenda or give notice of the extension
prior to the opening of proposals.
L-11 QUALIFICATIONS OF BIDDER
a. Bidders must meet the following responsibility criteria to be considered a responsible bidder and
qualified for award of this Contract. The bidder must:
1. Not be disqualified from bidding on any public works Contract or be debarred by the
Federal Government.
2. In addition to the bidder responsibility criteria in subsection a., of this section, the
Bidder shall submit with its bid,
(a.) A statement of Bidder's experience with the type and magnitude of work
described in this Bid Document,
(b.) Bidder's technical qualifications to perform the Work, and
(c.) Bidder's financial and work references. This statement shall be sufficient to
enable Praxis Associates Inc. to determine that Bidder has the necessary
experience, organization, technical qualifications, financial resources, ability to
comply with time schedules, record of performance, integrity and skill to properly
and timely perform the Work described in the Bid Document.
L-12 Inquires, Questions or Requests
All inquires, questions, or requests shall be provided to Praxis Associates Inc. in writing, to the
following email address: [email protected]. Phone calls will not be accepted.
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SECTION M
Evaluations Factors for Award
M-1 Local Vendor Preference.
Praxis Associates Inc. extends a 5% evaluation preference on bids to local companies.
Maximum allowance is $25,000. Bids received from local vendors will be reduced by the
applicable percentage before an evaluation is made to determine the lowest responsible
responsive bidder. After this determination is made, an award will be recommended in the
amount shown in the vendor’s bid. For example, a local business bidding $1,000 for a
manufacturing contract would be evaluated as if it had bid $950. If the bid is awarded to the
local business, it is paid the bid price of $1,000. A local business is defined as “a business firm
with fixed offices which are located within the County in which the manufacturing takes place.”
M-2 Evaluation
Praxis intends to make award to the lowest responsive, responsible Offeror, whose proposal best
meets, the terms and conditions of this RFP. Offers will be evaluated as follows: 50% of the
total score will be based on price, with the lowest price receiving the highest score, 25% of the
total score will be based on the proposed delivery schedule, with the most advantageous
delivery schedule receiving the highest score, and 15% of the total score will be based on Past
Performance. Past Performance will be weighted with 15% of the score for demonstrated 100%
on-time delivery with all deliverables accepted, 10% of the score if there have been late
deliveries, and all deliverables were accepted within the last 2 years, 0% of the score if there has
been late deliveries and any portion of the deliverables were rejected in the last 2 years, and
10% of the score will be based on such factors as the Bidders experience in the type of work
being performed and the quality of the product documented by the documents provided by the
manufacture.
M-3 Discounts
Praxis will accept discounts such as .5% Net 30, and will evaluate these discounts in the price
evaluation. Praxis will not accept nor evaluated discounts offered with less than 30 days but if
offered, Praxis will make every effort to obtain the discount.