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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.

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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"

12

EXHIBIT 2 – Line UP (1) Equipment Racks

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.

14

EXHIBIT 3 – Line UP (2) Equipment Racks – DC Plant

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.

21

SECTION H

Special Terms

RESERVED

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.