Datacenter FMS RFP
Datacenter FMS RFP
RFP CONTENTS
SECTIONS:
1.
INTRODUCTION
2.
3.
RESPONSE REQUIREMENTS
4.
5.
ATTACHMENTS:
6.1.
6.2.
6.3.
6.4.
Reference Questionnaire
6.5.
6.6.
Attestation
Products and Services Payment Methodologies
Ke y P e rf o rm an c e Ind ic ato r s/ S erv ic e Lev el s
State Building Commission Contract Bond
Required Qualifications for Personnel
Janitorial Services Checklist
Glossary
1.
INTRODUCTION
The State of Tennessee, Department of Finance and Administration, hereinafter referred to as the State,
has issued this Request for Proposals (RFP) to define minimum contract requirements; solicit responses;
detail response requirements; and, outline the States process for evaluating responses and selecting a
contractor to provide the needed goods or services.
Through this RFP, the State seeks to procure necessary goods or services at the most favorable,
competitive prices and to give ALL qualified businesses, including those that are owned by minorities,
women, Tennessee service-disabled veterans, and small business enterprises, an opportunity to do
business with the state as contractors, subcontractors or suppliers.
1.1.
General Information
The characteristics of the two State service centers are as follows:
Capital Complex Service Center (CCSC)
Built in 1987
7 Restrooms
o (2) womens with 5 toilets/5 sinks
o (2) mens with 4 toilets/3 urinals/4 sinks
o (3) unisex with 1 toilet each/1 sink each
2 Breakrooms
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Heating Ventilation and Air Conditioning (HVAC) (see Attachment H for detailed equipment
list)
o (2) centrifugal chillers
o (1) Scroll chiller
o (2) primary chilled water pumps
o (2) secondary chilled water pumps
o (3) cooling towers
o (5) air handling units
o (23) CRAC units
Security Services
o CCSC buildings and grounds are considered critical facilities
Security systems
o Access is controlled by electronic and personal recognition systems
o Retina Scanners
o Man traps into critical data center space
o Magnetic door contacts
o Camera surveillance
Security audits
o Randomly tested by third party audit
o Used to evaluate security policies and procedures
o Supplements internal audits to ensure the physical integrity of our operations
Fire suppression
o Sophisticated fire detection with local and off-site monitoring
o Automatic clean agent fire suppression systems
Totally redundant (maintenance can be performed without down time) building mechanical
infrastructure
4 restrooms
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o
o
o
HVAC Closed loop system (see Appendix B for detailed equipment list)
o (3) 197-ton air cooled chillers
o (2) Dry Coolers
o (2) 860-Gallons Per Minute (GPM) primary and secondary chiller water pumps
o (12) CRAC units
o (3) Air handling units
Security Services
o TSSC buildings and grounds are considered critical facilities
Security audits
o Randomly tested by third party audit
o Used to evaluate security policies and procedures
o Supplements internal audits to ensure the physical integrity of our operations
Fire suppression
o Sophisticated fire detection with local and off-site monitoring
o Automatic clean agent fire suppression systems
State-of-the-Art Facility
o Hardened Facility - Miami Dade Hurricane rated facility
o Strategically located away from potential disaster possibilities (trains, interstates, floods,
etc)
o State-of-the-Art Security and Protection Features (Bio-metrics, proximity cards, perimeter
design, etc)
o Man-traps at both entrances to the building
Security systems
o Access is controlled by electronic and personal recognition systems
o Retina scanners
o Magnetic door contacts
o Camera surveillance
o Enhanced perimeter security design
o Man-traps at all entrances
Lawn Care
o 15 acres
o See pro forma Contract Attachments I and J for a topographic map and a plant listing.
o Approximately 5 acres fenced
o Approximately 65 parking spaces
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1.1.2.
1.1.3.
1.2.
The pro forma contract substantially represents the contract document that the successful Respondent
must sign.
1.3.
Nondiscrimination
No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to
discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the
Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin,
or any other classification protected by federal, Tennessee state constitutional, or statutory law. The
Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post
in conspicuous places, available to all employees and applicants, notices of nondiscrimination.
1.4.
RFP Communications
1.4.1.
The State has assigned the following RFP identification number that must be referenced in all
communications regarding this RFP:
RFP # 31701-03107
1.4.2.
Unauthorized contact about this RFP with employees or officials of the State of Tennessee
except as detailed below may result in disqualification from consideration under this
procurement process.
[Link].
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Nashville, TN 37243
Phone: 615-741-3735
Email: [Link]@[Link]
[Link].
1.4.3.
Only the States official, written responses and communications with Respondents are binding
with regard to this RFP. Oral communications between a State official and one or more
Respondents are unofficial and non-binding.
1.4.4.
Potential Respondents must ensure that the State receives all written questions and comments,
including questions and requests for clarification, no later than the Written Questions &
Comments Deadline detailed in the RFP Section 2, Schedule of Events.
1.4.5.
Respondents must assume the risk of the method of dispatching any communication or response
to the State. The State assumes no responsibility for delays or delivery failures resulting from the
Respondents method of dispatch. Actual or digital postmarking of a communication or
response to the State by a specified deadline is not a substitute for the States actual receipt of a
communication or response.
1.4.6.
The State will convey all official responses and communications related to this RFP to the
prospective Respondents from whom the State has received a Notice of Intent to Respond (refer
to RFP Section 1.8).
1.4.7.
The State reserves the right to determine, at its sole discretion, the method of conveying official,
written responses and communications related to this RFP. Such written communications may
be transmitted by mail, hand-delivery, facsimile, electronic mail, Internet posting, or any other
means deemed reasonable by the State.
Documents essential to the proposal process will be posted on the following website:
[Link]
1.4.8.
The State reserves the right to determine, at its sole discretion, the appropriateness and
adequacy of responses to written comments, questions, and requests related to this RFP. The
States official, written responses will constitute an amendment of this RFP.
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1.4.9.
1.5.
Any data or factual information provided by the State (in this RFP, an RFP amendment or any
other communication relating to this RFP) is for informational purposes only. The State will make
reasonable efforts to ensure the accuracy of such data or information; however, it is the
Respondents obligation to independently verify any data or information provided by the State.
The State expressly disclaims the accuracy or adequacy of any information or data that it
provides to prospective Respondents.
1.6.
1.7.
Each prospective Respondent must carefully review this RFP, including but not limited to,
attachments, the RFP Attachment 6.6., Pro Forma Contract, and any amendments, for questions,
comments, defects, objections, or any other matter requiring clarification or correction (collectively
called questions and comments).
1.6.2.
Any prospective Respondent having questions and comments concerning this RFP must provide
them in writing to the State no later than the Written Questions & Comments Deadline detailed in
the RFP Section 2, Schedule of Events.
1.6.3.
Protests based on any objection to the RFP shall be considered waived and invalid if the
objection has not been brought to the attention of the State, in writing, by the Written Questions &
Comments Deadline.
Pre-Response Conference
A Pre-response Conference will be held at the time and date detailed in the RFP Section 2, Schedule of
Events. Pre-response Conference attendance is not mandatory, and prospective Respondents may be
limited to a maximum number of attendees depending upon overall attendance and space limitations.
The conference will be held at:
State of Tennessee
Department of General Services
Tennessee Tower 3rd Floor
Conference Room B
312 Rosa L. Parks Ave.
Nashville, TN 37243
The purpose of the conference is to discuss the RFP scope of goods or services. The State will entertain
questions, however prospective Respondents must understand that the States oral response to any
question at the Pre-response Conference shall be unofficial and non-binding. Prospective Respondents
must submit all questions, comments, or other concerns regarding the RFP in writing prior to the Written
Questions & Comments Deadline date detailed in the RFP Section 2, Schedule of Events. The State will
send the official response to these questions and comments to prospective Respondents from whom the
State has received a Notice of Intent to respond as indicated in RFP Section 1.8 and on the date detailed
in the RFP Section 2, Schedule of Events.
1.8.
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the form of a simple e-mail or other written communication). Such notice should include the following
information:
A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a
response, however, it is necessary to ensure receipt of any RFP amendments or other notices and
communications relating to this RFP.
1.9.
Response Deadline
A Respondent must ensure that the State receives a response no later than the response Deadline time
and date detailed in the RFP Section 2, Schedule of Events. A response must respond, as required, to
this RFP (including its attachments) as may be amended. The State will not accept late responses, and a
Respondents failure to submit a response before the deadline will result in disqualification of the
response. It is the responsibility of the Respondent to ascertain any additional security requirements with
respect to packaging and delivery to the State of Tennessee. Respondents should be mindful of any
potential delays due to security screening procedures, weather, or other filing delays whether foreseeable
or unforeseeable.
1.10.
Contractor Licensure
1.10.1. Respondents shall be familiar with the Contractors Licensing Act of 1994, as currently amended
(codified in Tennessee Code Annotated Sections 62-6-101, et seq.). Demonstration of current
licensure is a mandatory part of the Response submission (see RFP Sections [Link] and 4.7). A
contract will not be awarded to a Respondent whose response is in conflict with State of
Tennessee licensing law.
Pursuant to T.C.A. 62-6-119, it is necessary for such Respondent to provide evidence of a
license in the appropriate classification before such response may be considered. List the name,
license number, expiration date thereof, and license classification of the contractors applying to
bid for the prime contract and for the electrical, plumbing, heating, ventilation, and air conditioning
contracts: and if applicable; for each vertical closed loop geothermal heating and cooling project,
the company name, Tennessee Department of Environment and Conservation license number,
classification (G, L or G,L) and the expiration date, appear on the outside of the envelope
containing the bid except when the bid is in an amount less than twenty-five thousand dollars
($25,000); and for each masonry project where the total cost of the masonry portion of the
construction project exceeds one hundred thousand ($100,000), materials and labor.
Effective January 1, 2014, roofing subcontractors are required to be licensed; however,
demonstration of their current licensure (name, license number, expiration date thereof, and
license classification) is not part of the mandatory Response submission (see RFP Sections
[Link] and 4.7).
1.10.2. The Respondent shall have an Unlimited minimum License Limit amount and a License
Classification of Building Construction - Commercial (BC-B or BC).
1.10.3. Respondents should verify that The Board for Licensing Contractors has current and correct
licensure information on file. For inquiries contact:
Carolyn Lazenby
Board for Licensing Contractors
500 James Robertson Parkway
Nashville, TN 37243-1150
(615) 741-1202 or 1-800-544-7693
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[Link] or [Link]
Email: [Link]@[Link]
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2.
2.1.
The following RFP Schedule of Events represents the States best estimate for this RFP.
EVENT
TIME
DATE
1. RFP Issued
October 6, 2014
2:00 p.m.
October 9, 2014
3. Pre-response Conference
2:00 p.m.
2:00 p.m.
2:00 p.m.
2:00 p.m.
2:00 p.m.
January 2, 2015
2:00 p.m.
January 9, 2015
The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it
deems necessary. Any adjustment of the Schedule of Events shall constitute an RFP amendment, and
the State will communicate such to prospective Respondents from whom the State has received a Notice
of Intent to Respond (refer to section 1.8).
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3.
RESPONSE REQUIREMENTS
3.1.
Response Form
A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal.
3.1.1.
Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides
the specific requirements for submitting a response. This guide includes mandatory requirement
items, general qualifications and experience items, and technical qualifications, experience, and
approach items all of which must be addressed with a written response and, in some instances,
additional documentation.
NOTICE: A technical response must not include any pricing or cost information.
If any pricing or cost information amounts of any type (even pricing relating to
other projects) is included in any part of the technical response, the state may
deem the response to be non-responsive and reject it.
[Link].
A Respondent must use the RFP Attachment 6.2., Technical Response & Evaluation
Guide to organize, reference, and draft the Technical Response by duplicating the
attachment, adding appropriate page numbers as required, and using the guide as a
table of contents covering the Technical Response.
[Link].
[Link].
[Link].
3.1.2.
Cost Proposal. A Cost Proposal must be recorded on an exact duplicate of the RFP Attachment
6.3., Cost Proposal & Scoring Guide.
A Respondent must only record the proposed cost exactly as required by the RFP
Attachment 6.3., Cost Proposal & Scoring Guide and must NOT record any other rates,
amounts, or information.
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3.2.
[Link].
The proposed cost shall incorporate ALL costs for services under the contract for the
total contract period, including any renewals or extensions.
[Link].
[Link].
A Respondent must submit the Cost Proposal to the State in a sealed package
separate from the Technical Response (as detailed in RFP Sections 3.2.3., et seq.).
Response Delivery
3.2.1.
A Respondent must ensure that both the original Technical Response and Cost Proposal
documents meet all form and content requirements, including all required signatures, as detailed
within this RFP.
3.2.2.
A Respondent must submit original Technical Response and Cost Proposal documents and
copies as specified below.
[Link].
[Link].
3.2.3.
A Respondent must separate, seal, package, and label the documents and copies for delivery as
follows:
[Link].
The Technical Response original document and digital copies must be placed in a
sealed package that is clearly labeled:
DO NOT OPEN RFP # 31701-03107 TECHNICAL RESPONSE FROM
[RESPONDENT LEGAL ENTITY NAME]
[Link].
The Cost Proposal original document and digital copy must be placed in a separate,
sealed package that is clearly labeled:
DO NOT OPEN RFP # 31701-03107 COST PROPOSAL FROM [RESPONDENT
LEGAL ENTITY NAME]
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[Link].
The separately, sealed Technical Response and Cost Proposal components may be
enclosed in a larger package for mailing or delivery, provided that the outermost
package is clearly labeled:
RFP # 31701-03107 SEALED TECHNICAL RESPONSE & SEALED COST
PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]
[Link].
In order to comply with the Contractors Licensing Act of 1994, as currently amended
(codified in Tennessee Code Annotated, Sections 62-6-101, et seq.), the Respondent
must clearly display all required Contractor License information on the OUTERMOST
package(s). A form for this purpose is included as RFP Attachment 6.7. The
Respondent should use this form or an exact duplicate, fill out ALL information, and
affix the completed form to the outermost package. The Respondent must hold the
required license(s); the Respondent cannot submit a license number held by one of its
subcontractors to meet the labeling requirement.
Tennessee Code Annotated Section 62-6-119 requires automatic disqualification of a
proposal in case of failure to provide required licensure information or to submit such
information outside the proposal package. The State has no authority to waive the
statutory requirements.
3.2.4.
A Respondent must ensure that the State receives a response no later than the Response
Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following
address:
Mitzi R. Hale
State of Tennessee
Department of Finance and Administration
Office for Information Resources (OIR)
th
901 5 Avenue North
Nashville, TN 37243
Phone: 615-741-3735
Email: [Link]@[Link]
3.3.
A response must not include alternate contract terms and conditions. If a response contains such
terms and conditions, the State, at its sole discretion, may determine the response to be a nonresponsive counteroffer and reject it.
3.3.2.
A response must not restrict the rights of the State or otherwise qualify either the offer to deliver
goods or provide services as required by this RFP or the Cost Proposal. If a response restricts
the rights of the State or otherwise qualifies either the offer to deliver goods or provide services
as required by this RFP or the Cost Proposal, the State, at its sole discretion, may determine the
response to be a non-responsive counteroffer and reject it.
3.3.3.
A response must not propose alternative goods or services (i.e., offer services different from
those requested and required by this RFP) unless expressly requested in this RFP. The State
may consider a response of alternative goods or services to be non-responsive and reject it.
3.3.4.
A Cost Proposal must be prepared and arrived at independently and must not involve any
collusion between Respondents. The State will reject any Cost Proposal that involves collusion,
consultation, communication, or agreement between Respondents. Regardless of the time of
detection, the State will consider any such actions to be grounds for response rejection or
contract termination.
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3.3.5.
A Respondent must not provide, for consideration in this RFP process or subsequent contract
negotiations, any information that the Respondent knew or should have known was materially
incorrect. If the State determines that a Respondent has provided such incorrect information, the
State will deem the Response non-responsive and reject it.
3.3.6.
A Respondent must not submit more than one Technical Response and one Cost Proposal in
response to this RFP, except as expressly requested by the State in this RFP. If a Respondent
submits more than one Technical Response or more than one Cost Proposal, the State will deem
all of the responses non-responsive and reject them.
3.3.7.
A Respondent must not submit a response as a prime contractor while also permitting one or
more other Respondents to offer the Respondent as a subcontractor in their own responses.
Such may result in the disqualification of all Respondents knowingly involved. This restriction
does not, however, prohibit different Respondents from offering the same subcontractor as a part
of their responses (provided that the subcontractor does not also submit a response as a prime
contractor).
3.3.8.
The State shall not consider a response from an individual who is, or within the past six (6)
months has been, a State employee. For purposes of this RFP:
[Link]. An individual shall be deemed a State employee until such time as all compensation for
salary, termination pay, and annual leave has been paid;
[Link]. A contract with or a response from a company, corporation, or any other contracting
entity in which a controlling interest is held by any State employee shall be considered to
be a contract with or proposal from the employee; and
[Link]. A contract with or a response from a company, corporation, or any other contracting
entity that employs an individual who is, or within the past six (6) months has been, a
State employee shall not be considered a contract with or a proposal from the employee
and shall not constitute a prohibited conflict of interest.
3.4.
3.5.
Response Withdrawal
A Respondent may withdraw a submitted response at any time before the Response Deadline time and
date detailed in the RFP Section 2, Schedule of Events by submitting a written request signed by an
authorized Respondent representative. After withdrawing a response, a Respondent may submit another
response at any time before the Response Deadline. After the Response Deadline, a Respondent may
only withdraw all or a portion of a response where the enforcement of the response would impose an
unconscionable hardship on the Respondent.
3.6.
Additional Services
If a response offers goods or services in addition to those required by and described in this RFP, the
State, at its sole discretion, may add such services to the contract awarded as a result of this RFP.
Notwithstanding the foregoing, a Respondent must not propose any additional cost amounts or rates for
additional goods or services. Regardless of any additional services offered in a response, the
Respondents Cost Proposal must only record the proposed cost as required in this RFP and must not
record any other rates, amounts, or information.
NOTICE: If a Respondent fails to submit a Cost Proposal exactly as required, the State may deem
the response non-responsive and reject it.
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3.7.
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4.
4.1.
RFP Amendment
The State at its sole discretion may amend this RFP, in writing, at any time prior to contract award.
However, prior to any such amendment, the State will consider whether it would negatively impact the
ability of potential Respondents to meet the response deadline and revise the RFP Schedule of Events if
deemed appropriate. If an RFP amendment is issued, the State will convey it to potential Respondents
who submitted a Notice of Intent to Respond (refer to RFP Section 1.8). A response must address the
final RFP (including its attachments) as amended.
4.2.
RFP Cancellation
The State reserves the right, at its sole discretion, to cancel the RFP or to cancel and reissue this RFP in
accordance with applicable laws and regulations.
4.3.
4.4.
4.5.
Subject to applicable laws and regulations, the State reserves the right to reject, at its sole
discretion, any and all responses.
4.3.2.
The State may deem as non-responsive and reject any response that does not comply with all
terms, conditions, and performance requirements of this RFP. Notwithstanding the foregoing, the
State reserves the right to waive, at its sole discretion, minor variances from full compliance with
this RFP. If the State waives variances in a response, such waiver shall not modify the RFP
requirements or excuse the Respondent from full compliance, and the State may hold any
resulting Contractor to strict compliance with this RFP.
The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a
result of this RFP without prior approval of the State. The State reserves the right to refuse
approval, at its sole discretion, of any subcontract, transfer, or assignment.
4.4.2.
If a Respondent intends to use subcontractors, the response to this RFP must specifically identify
the scope and portions of the work each subcontractor will perform (refer to RFP Attachment 6.2.,
Section B, General Qualifications & Experience, Item B.14.).
4.4.3.
Subcontractors identified within a response to this RFP will be deemed as approved by the State
unless the State expressly disapproves one or more of the proposed subcontractors prior to
signing the Contract.
4.4.4.
After contract award, a Contractor may only substitute an approved subcontractor at the
discretion of the State and with the States prior, written approval.
4.4.5.
Notwithstanding any State approval relating to subcontracts, the Respondent who is awarded a
contract pursuant to this RFP will be the prime contractor and will be responsible for all work
under the Contract.
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4.6.
Insurance
From time-to-time, the State may require the awarded Contractor to provide a Certificate of Insurance
issued by an insurance company licensed or authorized to provide insurance in the State of Tennessee.
Each Certificate of Insurance shall indicate current insurance coverages meeting minimum requirements
as may be specified by this RFP. A failure to provide a current, Certificate of Insurance will be considered
a material breach and grounds for contract termination.
4.7.
4.8.
All persons, agencies, firms, or other entities that provide legal or financial opinions, which a
Respondent provides for consideration and evaluation by the State as a part of a response to this
RFP, shall be properly licensed to render such opinions.
4.7.2.
Before the Contract resulting from this RFP is signed, the apparent successful Respondent (and
Respondent employees and subcontractors, as applicable) must hold all necessary or
appropriate business or professional licenses to provide the goods or services as required by the
contract. The State may require any Respondent to submit evidence of proper licensure.
4.7.3.
As the work performed under a Contract pursuant to this RFP includes installation as well as
supply of materials, the Response submission constitutes a bid and Tennessee Contractor
license(s) are required.
4.7.4.
The following license classification is considered acceptable for Respondents to bid: Building
Construction - Commercial (BC-B or BC). This classification is described in Rule 0680-1-.16.
4.7.5.
Contractor License information must be clearly displayed on the Response submission package
at the time of submittal, or the Response will not be accepted for evaluation. See RFP Section
[Link] and RFP Attachment 6.7. The Respondent must hold the required license(s); the
Respondent cannot submit a license number held by one of its subcontractors to meet the
labeling requirement.
4.7.6.
Before the Contract resulting from this RFP is signed, the apparent successful Respondent must
be registered with the Tennessee Department of Revenue for the collection of Tennessee sales
and use tax. The State shall not award a contract unless the Respondent provides proof of such
registration or provides documentation from the Department of Revenue that the Contractor is
exempt from this registration requirement. The foregoing is a mandatory requirement of an award
of a contract pursuant to this solicitation. For purposes of this registration requirement, the
Department of Revenue may be contacted at: [Link]@[Link].
All materials submitted to the State in response to this RFP shall become the property of the
State of Tennessee. Selection or rejection of a response does not affect this right. By submitting
a response, a Respondent acknowledges and accepts that the full response contents and
associated documents will become open to public inspection in accordance with the laws of the
State of Tennessee.
4.8.2.
The State will hold all response information, including both technical and cost information, in
confidence during the evaluation process. Notwithstanding the foregoing, a list of actual
Respondents submitting timely responses may be available to the public, upon request, after
technical responses are opened.
4.8.3.
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4.9.
4.10.
After contract award, the Contractor who is awarded the contract must submit appropriate
documentation with the Department of Finance and Administration, Division of Accounts.
4.9.2.
This RFP and its contractor selection processes do not obligate the State and do not create
rights, interests, or claims of entitlement in either the Respondent with the apparent bestevaluated response or any other Respondent. State obligations pursuant to a contract award
shall commence only after the contract is signed by the State agency head and the Contractor
and after the Contract is approved by all other state officials as required by applicable laws and
regulations.
4.9.3.
No payment will be obligated or made until the relevant Contract is approved as required by
applicable statutes and rules of the State of Tennessee.
[Link].
The State shall not be liable for payment of any type associated with the Contract
resulting from this RFP (or any amendment thereof) or responsible for any goods
delivered or services rendered by the Contractor, even goods delivered or services
rendered in good faith and even if the Contractor is orally directed to proceed with the
delivery of goods or the rendering of services, if it occurs before the Contract start date
or after the Contract end date.
[Link].
All payments relating to this procurement will be made in accordance with the Payment
Terms and Conditions of the Contract resulting from this RFP (refer to RFP Attachment
6.6., Pro Forma Contract, Section C).
[Link].
If any provision of the Contract provides direct funding or reimbursement for the
competitive purchase of goods or services as a component of contract performance or
otherwise provides for the reimbursement of specified, actual costs, the State will
employ all reasonable means and will require all such documentation that it deems
necessary to ensure that such purchases were competitive and costs were reasonable,
necessary, and actual. The Contractor shall provide reasonable assistance and access
related to such review. Further, the State shall not remit, as funding or reimbursement
pursuant to such provisions, any amounts that it determines do not represent
reasonable, necessary, and actual costs.
Contractor Performance
The Contractor who is awarded a contract will be responsible for the delivery of all acceptable goods or
the satisfactory completion of all services set out in this RFP (including attachments) as may be
amended. All goods or services are subject to inspection and evaluation by the State. The State will
employ all reasonable means to ensure that goods delivered or services rendered are in compliance with
the Contract, and the Contractor must cooperate with such efforts.
4.11.
Contract Amendment
After contract award, the State may request the Contractor to deliver additional goods or perform
additional services within the general scope of the contract and this RFP, but beyond the specified scope
of service, and for which the Contractor may be compensated. In such instances, the State will provide
the Contractor a written description of the additional goods or services. The Contractor must respond to
the State with a time schedule for delivering the additional goods or accomplishing the additional services
based on the compensable units included in the Contractors response to this RFP. If the State and the
Contractor reach an agreement regarding the goods or services and associated compensation, such
agreement must be effected by means of a contract amendment. Further, any such amendment requiring
additional goods or services must be signed by both the State agency head and the Contractor and must
be approved by other state officials as required by applicable statutes, rules, policies and procedures of
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the State of Tennessee. The Contractor must not provide additional goods or render additional services
until the State has issued a written contract amendment with all required approvals.
4.12.
Severability
If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will
not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of the
State and Respondents will be construed and enforced as if the RFP did not contain the particular
provision held to be invalid.
4.13.
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5.
5.1.
5.2.
20
50
Cost Proposal
(refer to RFP Attachment 6.3.)
30
Evaluation Process
The evaluation process is designed to award the contract resulting from this RFP not necessarily to the
Respondent offering the lowest cost, but rather to the Respondent deemed by the State to be responsive
and responsible who offers the best combination of attributes based upon the evaluation criteria.
(Responsive Respondent is defined as a Respondent that has submitted a response that conforms in all
material respects to the RFP. Responsible Respondent is defined as a Respondent that has the
capacity in all respects to perform fully the contract requirements, and the integrity and reliability which
will assure good faith performance.)
5.2.1.
Technical Response Evaluation. The Solicitation Coordinator and the Proposal Evaluation
Team (consisting of three (3) or more State employees) will use the RFP Attachment 6.2.,
Technical Response & Evaluation Guide to manage the Technical Response Evaluation and
maintain evaluation records.
[Link].
The State reserves the right, at its sole discretion, to request Respondent clarification
of a Technical Response or to conduct clarification discussions with any or all
Respondents. Any such clarification or discussion will be limited to specific sections of
the response identified by the State. The subject Respondent must put any resulting
clarification in writing as may be required and in accordance with any deadline imposed
by the State.
[Link].
[Link].
the State will determine the response to be non-responsive to the RFP and reject it.
and will score each in accordance with the RFP Attachment 6.2., Technical Response
& Evaluation Guide.
5.3.
[Link].
For each response evaluated, the Solicitation Coordinator will calculate the average of
the Proposal Evaluation Team member scores for RFP Attachment 6.2., Technical
Response & Evaluation Guide, and record each average as the response score for the
respective Technical Response section.
[Link].
Before Cost Proposals are opened, the Proposal Evaluation Team will review the
Technical Response Evaluation record and any other available information pertinent to
whether or not each Respondent is responsive and responsible. If the Proposal
Evaluation Team identifies any Respondent that does not to meet the responsive and
responsible thresholds such that the team would not recommend the Respondent for
Cost Proposal Evaluation and potential contract award, the team members will fully
document the determination.
5.2.2.
Cost Proposal Evaluation. The Solicitation Coordinator will open for evaluation the Cost
Proposal of each Respondent deemed by the State to be responsive and responsible and
calculate and record each Cost Proposal score in accordance with the RFP Attachment 6.3., Cost
Proposal & Scoring Guide.
5.2.3.
Total Response Score. The Solicitation Coordinator will calculate the sum of the Technical
Response section scores and the Cost Proposal score and record the resulting number as the
total score for the subject Response (refer to RFP Attachment 6.5., Score Summary Matrix).
The Solicitation Coordinator will submit the Proposal Evaluation Team determinations and scores
to the head of the procuring agency for consideration along with any other relevant information
that might be available and pertinent to contract award.
5.3.2.
The procuring agency head will determine the apparent best-evaluated Response. To effect a
contract award to a Respondent other than the one receiving the highest evaluation process
score, the head of the procuring agency must provide written justification and obtain the written
approval of the Chief Procurement Officer and the Comptroller of the Treasury.
5.3.3.
The State will issue a Notice of Intent to Award identifying the apparent best-evaluated response
and make the RFP files available for public inspection at the time and date specified in the RFP
Section 2, Schedule of Events.
NOTICE: The Notice of Intent to Award shall not create rights, interests, or claims of
entitlement in either the apparent best-evaluated Respondent or any other Respondent.
5.3.4.
The Respondent identified as offering the apparent best-evaluated response must sign a contract
drawn by the State pursuant to this RFP. The contract shall be substantially the same as the
RFP Attachment 6.6., Pro Forma Contract. The Respondent must sign the contract by the
Contractor Signature Deadline detailed in the RFP Section 2, Schedule of Events. If the
Respondent fails to provide the signed contract by this deadline, the State may determine that the
Respondent is non-responsive to this RFP and reject the response.
5.3.5.
Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited negotiation
prior to contract signing and, as a result, revise the pro forma contract terms and conditions or
performance requirements in the States best interests, PROVIDED THAT such revision of terms
and conditions or performance requirements shall NOT materially affect the basis of response
evaluations or negatively impact the competitive nature of the RFP and contractor selection
process.
RFP # 31701-03107
20
5.3.6.
If the State determines that a response is non-responsive and rejects it after opening Cost
Proposals, the Solicitation Coordinator will re-calculate scores for each remaining responsive
Cost Proposal to determine (or re-determine) the apparent best-evaluated response.
RFP # 31701-03107
21
6.
7.
8.
9.
The Respondent will comply with all of the provisions and requirements of the RFP.
The Respondent will provide all services as defined in the Scope of Services of the RFP Attachment 6.6., Pro Forma
Contract for the total contract period.
The Respondent, except as otherwise provided in this RFP, accepts and agrees to all terms and conditions set out in the
RFP Attachment 6.6., Pro Forma Contract.
The Respondent acknowledges and agrees that a contract resulting from the RFP shall incorporate, by reference, all
proposal responses as a part of the contract.
The Respondent will comply with:
(a) the laws of the State of Tennessee;
(b) Title VI of the federal Civil Rights Act of 1964;
(c) Title IX of the federal Education Amendments Act of 1972;
(d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; and,
(e) the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government.
To the knowledge of the undersigned, the information detailed within the response submitted to this RFP is accurate.
The response submitted to this RFP was independently prepared, without collusion, under penalty of perjury.
No amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages,
compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the
Respondent in connection with this RFP or any resulting contract.
Both the Technical Response and the Cost Proposal submitted in response to this RFP shall remain valid for at least
120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant
to the RFP.
By signing this Statement of Certifications and Assurances, below, the signatory also certifies legal authority to bind
the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the signatory is not the
Respondent (if an individual) or the Respondents company President or Chief Executive Officer, this document must
attach evidence showing the individuals authority to bind the Respondent.
DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE RESPONDENT
SIGNATURE:
DATE:
RFP # 31701-03107
22
Item
Ref.
Pass/Fail
The Response must be delivered to the State no later than the Response
Deadline specified in the RFP Section 2, Schedule of Events.
The Technical Response and the Cost Proposal documentation must be
packaged separately as required (refer to RFP Section 3.2., et. seq.).
The Technical Response must NOT contain cost or pricing information of any
type.
The Technical Response must NOT contain any restrictions of the rights of
the State or other qualification of the response.
A Respondent must NOT submit alternate responses (refer to RFP Section
3.3.).
A Respondent must NOT submit multiple responses in different forms (as a
prime and a sub-contractor) (refer to RFP Section 3.3.).
A.1.
A.2.
A.3.
A.4.
Provide two current positive credit references from vendors with which the
Respondent has done business written in the form of standard business
letters, signed, and dated within the past three (3) months.
A.5.
Item
Ref.
Pass/Fail
number without the full report is insufficient and will not be considered
responsive.)
A.6.
A.7.
RFP # 31701-03107
24
Item
Ref.
B.1.
Detail the name, e-mail address, mailing address, telephone number, and facsimile number of the
person the State should contact regarding the response.
B.2.
Describe the Respondents form of business (i.e., individual, sole proprietor, corporation, non-profit
corporation, partnership, limited liability company) and business location (physical location or
domicile).
B.3.
B.4.
Briefly describe how long the Respondent has been providing the goods or services required by
this RFP.
B.5.
Describe the Respondents number of employees, client base, and location of offices.
B.6.
Provide a statement of whether there have been any mergers, acquisitions, or change of control of
the Respondent within the last ten (10) years. If so, include an explanation providing relevant
details.
B.7.
Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the
Respondents employees, agents, independent contractors, or subcontractors, involved in the
delivery of goods or performance of services on a contract pursuant to this RFP, have been
convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation
providing relevant details.
B.8.
Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed
against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or
undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so,
include an explanation providing relevant details.
B.9.
Provide a statement of whether there is any material, pending litigation against the Respondent
that the Respondent should reasonably believe could adversely affect its ability to meet contract
requirements pursuant to this RFP or is likely to have a material adverse effect on the
Respondents financial condition. If such exists, list each separately, explain the relevant details,
and attach the opinion of counsel addressing whether and to what extent it would impair the
Respondents performance in a contract pursuant to this RFP.
NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the
Respondent must be properly licensed to render such opinions. The State may require the
Respondent to submit proof of license for each person or entity that renders such opinions.
B.10.
Provide a statement of whether there are any pending or in progress Securities Exchange
Commission investigations involving the Respondent. If such exists, list each separately, explain
the relevant details, and attach the opinion of counsel addressing whether and to what extent it will
impair the Respondents performance in a contract pursuant to this RFP.
NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the
Respondent must be properly licensed to render such opinions. The State may require the
RFP # 31701-03107
25
Item
Ref.
B.11.
Provide a brief, descriptive statement detailing evidence of the Respondents ability to deliver the
goods or services sought under this RFP (e.g., prior experience, training, certifications, resources,
program and quality management systems, etc.).
B.12.
Provide a narrative description of the proposed project team, its members, and organizational
structure along with an organizational chart identifying the key people who will be assigned to
deliver the goods or services required by this RFP.
B.13.
Provide a personnel roster listing the names of key people who the Respondent will assign to meet
the Respondents requirements under this RFP along with the estimated number of hours that each
individual will devote to that performance. Follow the personnel roster with a resume for each of
the people listed. The resumes must detail the individuals title, education, current position with the
Respondent, and employment history.
B.14.
Provide a statement of whether the Respondent intends to use subcontractors to meet the
Respondents requirements of any contract awarded pursuant to this RFP, and if so, detail:
(a) the names of the subcontractors along with the contact person, mailing address, telephone
number, and e-mail address for each;
(b) a description of the scope and portions of the goods each subcontractor involved in the
delivery of goods or performance of the services each subcontractor will perform; and
(c) a statement specifying that each proposed subcontractor has expressly assented to being
proposed as a subcontractor in the Respondents response to this RFP.
B.15.
Item
Ref.
B.16.
Provide a statement of whether or not the Respondent has any current contracts with the State of
Tennessee or has completed any contracts with the State of Tennessee within the previous five (5)
year period. If so, provide the following information for all of the current and completed contracts:
(a) the name, title, telephone number and e-mail address of the State contact knowledgeable
about the contract;
(b) the procuring State agency name;
(c) a brief description of the contracts scope of services;
(d) the contract period; and
(e) the contract number.
NOTES:
Current or prior contracts with the State are not a prerequisite and are not required for the
maximum evaluation score, and the existence of such contracts with the State will not
automatically result in the addition or deduction of evaluation points.
Each evaluator will generally consider the results of inquiries by the State regarding all contracts
noted.
B.17.
Provide customer references from individuals (who are not current or former officials or staff of the
State of Tennessee) for projects similar to the services sought under this RFP and which
represent:
Three (3) references of large (over 13,000 square feet of raised floor space) Tier III / IV Data
Centers for which your company has actually provided plant management services within the last
five (5) years.
All references must be provided in the form of standard reference questionnaires that have been
fully completed by the individual providing the reference as required. The standard reference
questionnaire, which must be used and completed as required, is detailed at RFP Attachment 6.4.
References that are not completed as required will be considered non-responsive and will not be
considered.
The Respondent will be solely responsible for obtaining the fully completed reference
questionnaires, and for including them within the Respondents sealed Technical Response. In
order to obtain and submit the completed reference questionnaires, as required, follow the process
detailed below.
(a) Customize the standard reference questionnaire at RFP Attachment 6.4. by adding the subject
Respondents name, and make duplicates for completion by references.
(b) Send the customized reference questionnaires to each individual chosen to provide a
reference along with a new standard #10 envelope.
(c) Instruct the person that will provide a reference for the Respondent to:
(i) complete the reference questionnaire (on the form provided or prepared, completed, and
printed using a duplicate of the document);
(ii) sign and date the completed, reference questionnaire;
(iii) seal the completed, signed, and dated, reference questionnaire within the envelope
provided;
RFP # 31701-03107
27
Item
Ref.
B.18.
Provide a statement and any relevant details addressing whether the Respondent is any of the
following:
(a) is presently debarred, suspended, proposed for debarment, or voluntarily excluded
from covered transactions by any federal or state department or agency;
(b)
has within the past three (3) years, been convicted of, or had a civil judgment rendered
against the contracting party from commission of fraud, or a criminal offence in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or grant under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
RFP # 31701-03107
28
1 = poor
2 = fair
3 = satisfactory
4 = good
5 = excellent
The Solicitation Coordinator will multiply the Item Score by the associated Evaluation Factor (indicating the relative emphasis
of the item in the overall evaluation). The resulting product will be the items Raw Weighted Score for purposes of calculating
the section score as indicated.
Item
Ref.
C.1.
C.2.
C.3.
C.4.
C.5.
C.6.
C.7.
Item
Score
Evaluation
Factor
Raw
Weighted
Score
RFP # 31701-03107
29
Item
Ref.
Item
Score
Evaluation
Factor
C.8.
C.9.
C.10.
C.12.
C.13.
C.11.
C.14.
C.15.
C.16.
C.17.
Raw
Weighted
Score
RFP # 31701-03107
30
Item
Ref.
Item
Score
Evaluation
Factor
Raw
Weighted
Score
C.21.
C.22.
C.24.
C.25.
Describe your companys selection process for subcontractors and your vendor management process /
procedures.
C.19.
C.20.
C.23.
C.26.
C.27.
C.28.
C.29.
RFP # 31701-03107
31
Item
Ref.
Item
Score
Evaluation
Factor
Raw
Weighted
Score
manuals.
C.30.
C.31.
C.32.
C.33.
C.35.
C.36.
C.34.
C.37.
C.38.
The Solicitation Coordinator will use this sum and the formula below to
calculate the section score. All calculations will use and result in numbers
rounded to two (2) places to the right of the decimal point.
X 50
(maximum possible score)
= SCORE:
RFP # 31701-03107
32
Item
Ref.
Item
Score
Evaluation
Factor
Raw
Weighted
Score
RFP # 31701-03107
33
The Evaluation Factor associated with each cost item is for evaluation purposes only. The evaluation factors do NOT and should NOT be construed as any
type of volume guarantee or minimum purchase quantity. The evaluation factors shall NOT create rights, interests, or claims of entitlement in the Respondent.
Notwithstanding the cost items herein, pursuant to the second paragraph of the Pro Forma Contract section C.1. (refer to RFP Attachment 6.6.), The State is
under no obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from the Contractor during any period of this
Contract.
This Cost Proposal must be signed, in the space below, by an individual empowered to bind the Respondent to the provisions of this RFP and any contract
awarded pursuant to it. If said individual is not the President or Chief Executive Officer, this document must attach evidence showing the individuals authority
to legally bind the Respondent.
RESPONDENT SIGNATURE:
DATE:
RFP # 31701-03107
34
Year 2
(01/26/16
01/25/17)
$
/ MONTH
Year 3
(01/26/17
01/25/18)
$
/ MONTH
/ MONTH
Year 5
(01/26/19
01/25/20)
Sum
$
/ MONTH
Evaluation
Factor
Evaluation Cost
(sum x factor)
12
/ MONTH
Facility Manager
Year 2
(01/26/16
01/25/17)
$
/ HOUR
Architect
$
/ HOUR
$
/ HOUR
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
$
/ HOUR
$
/ HOUR
$
/ HOUR
$
/ HOUR
Year 5
(01/26/19
01/25/20)
/ HOUR
$
/ HOUR
/ HOUR
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
150
20
RFP # 31701-03107
35
Mechanical Engineer
Year 2
(01/26/16
01/25/17)
$
/ HOUR
Electrical Engineer
Plumber
$
/ HOUR
$
/ HOUR
$
/ HOUR
Project Manager
$
/ HOUR
Unskilled Labor
$
/ HOUR
$
/ HOUR
/ HOUR
$
/ HOUR
$
/ HOUR
/ HOUR
/ HOUR
/ HOUR
$
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
Year 5
(01/26/19
01/25/20)
/ HOUR
/ HOUR
/ HOUR
/ HOUR
Year 4
(01/26/18
01/25/19)
/ HOUR
/ HOUR
/ HOUR
Senior Journeyman Level Electrician
$
/ HOUR
/ HOUR
Licensed Electrician
Year 3
(01/26/17
01/25/18)
/ HOUR
$
/ HOUR
/ HOUR
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
20
20
20
150
150
20
20
20
50
50
RFP # 31701-03107
36
Custodian
Year 2
(01/26/16
01/25/17)
$
/ HOUR
Lawn Care Supervisor
$
/ HOUR
Security Supervisor
$
/ HOUR
/ HOUR
$
/ HOUR
$
/ HOUR
/ HOUR
/ HOUR
/ HOUR
$
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
/ HOUR
Year 5
(01/26/19
01/25/20)
/ HOUR
/ HOUR
/ HOUR
/ HOUR
Year 4
(01/26/18
01/25/19)
/ HOUR
/ HOUR
/ HOUR
Security Officer
$
/ HOUR
/ HOUR
Lawn Care Specialist
Year 3
(01/26/17
01/25/18)
/ HOUR
$
/ HOUR
/ HOUR
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
100
40
40
120
120
40
RFP # 31701-03107
37
Parts/Supplies Mark-Up
Percentage
Year 1
(01/26/15
01/25/16)
PERCENT (%)
Year 2
(01/26/16
01/25/17)
PERCENT (%)
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
Year 5
(01/26/19
01/25/20)
PERCENT (%)
PERCENT (%)
PERCENT (%)
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
142,000
Year 1
(01/26/15
01/25/16)
Year 2
(01/26/16
01/25/17)
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
Year 5
(01/26/19
01/25/20)
PERCENT (%)
PERCENT (%)
PERCENT (%)
PERCENT (%)
PERCENT (%)
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
7,000
RFP # 31701-03107
38
Year 2
(01/26/16
01/25/17)
$
/ ACRE
/ MONTH
Year 3
(01/26/17
01/25/18)
$
/ ACRE
/ MONTH
/ ACRE
/ MONTH
Year 5
(01/26/19
01/25/20)
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
$
/ ACRE
/ MONTH
/ ACRE
/ MONTH
180
Year 2
(01/26/16
01/25/17)
$
/ MONTH
Year 3
(01/26/17
01/25/18)
$
/ MONTH
/ MONTH
Year 5
(01/26/19
01/25/20)
$
/ MONTH
/ MONTH
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
12
RFP # 31701-03107
39
Year 1
(01/26/15
01/25/16)
Year 2
(01/26/16
01/25/17)
Year 3
(01/26/17
01/25/18)
Year 5
(01/26/19
01/25/20)
Sum
Evaluation
Factor
Evaluation Cost
(sum x factor)
x 30
(maximum section
score)
= SCORE:
RFP # 31701-03107
40
RFP # 31701-03107
41
(1)
What is the name of the individual, company, organization, or entity responding to this reference
questionnaire?
(2)
Please provide the following information about the individual completing this reference
questionnaire on behalf of the above-named individual, company, organization, or entity.
NAME:
TITLE:
TELEPHONE #
E-MAIL ADDRESS:
(3)
What goods or services does/did the reference subject provide to your company or organization?
(4)
Describe your data center facility. Does your facility require and conduct uninterruptible power
and non-disruptive service maintenance?
RFP # 31701-03107
42
Describe your satisfaction with the technical expertise (complex power and cooling systems) with
which the reference subject provided your company or organization.
(6)
What is the level of your overall satisfaction with the reference subject as a vendor of the goods
or services described above?
Please respond by circling the appropriate number on the scale below.
1
least satisfied
5
most satisfied
If you circled 3 or less above, what could the reference subject have done to improve that rating?
(7)
If the goods or services that the reference subject provided to your company or organization are
completed, were the goods or services provided in compliance with the terms of the contract, on
time, and within budget? If not, please explain.
(8)
If the reference subject is still providing goods or services to your company or organization, are
these goods or services being provided in compliance with the terms of the contract, on time, and
within budget? If not, please explain.
(9)
How satisfied are you with the reference subjects ability to perform based on your expectations
and according to the contractual arrangements?
(10)
In what areas of goods or service delivery does/did the reference subject excel?
(11)
In what areas of goods or service delivery does/did the reference subject fall short?
RFP # 31701-03107
43
What is the level of your satisfaction with the reference subjects project management structures,
processes, and personnel?
Please respond by circling the appropriate number on the scale below.
least satisfied
most satisfied
What, if any, comments do you have regarding the score selected above?
(13)
Considering the staff assigned by the reference subject to deliver the goods or services described
in response to questions 3 and 5 above, how satisfied are you with the technical abilities,
professionalism, and interpersonal skills of the individuals assigned?
Please respond by circling the appropriate number on the scale below.
least satisfied
most satisfied
What, if any, comments do you have regarding the score selected above?
(14)
Would you contract again with the reference subject for the same or similar goods or services?
Please respond by circling the appropriate number on the scale below.
least satisfied
most satisfied
What, if any, comments do you have regarding the score selected above?
RFP # 31701-03107
44
REFERENCE SIGNATURE:
(by the individual completing this
request for reference information)
(must be the same as the signature across the envelope seal)
DATE:
RFP # 31701-03107
45
RESPONDENT NAME
RESPONDENT NAME
GENERAL QUALIFICATIONS
& EXPERIENCE
(maximum: 20)
EVALUATOR NAME
EVALUATOR NAME
REPEAT AS NECESSARY
AVERAGE:
AVERAGE:
AVERAGE:
AVERAGE:
AVERAGE:
AVERAGE:
SCORE:
SCORE:
SCORE:
TECHNICAL
QUALIFICATIONS,
EXPERIENCE & APPROACH
(maximum: 50)
EVALUATOR NAME
EVALUATOR NAME
REPEAT AS NECESSARY
COST PROPOSAL
(maximum: 30)
TOTAL RESPONSE
EVALUATION SCORE:
(maximum: 100)
RFP # 31701-03107
46
RFP # 31701-03107
47
CONTRACT
BETWEEN THE STE OF TENNESSEE,
DEPARTMENT OF FINANCE AND ADMINISTRATION
AND
CONTRACTOR NAME
This Contract, by and between the State of Tennessee, Department of Finance and Administration,
hereinafter referred to as the State and Contractor Legal Entity Name, hereinafter referred to as the
Contractor, is for the provision of facility management services for both of the States service centers, as
further defined in the "SCOPE OF SERVICES."
The Contractor is a/an Individual, For-Profit Corporation, Non-Profit Corporation, Special Purpose
Corporation Or Association, Partnership, Joint Venture, Or Limited Liability Company.
Contractor Place of Incorporation or Organization: Location
Contractor Edison Registration ID # Number
A.
SCOPE OF SERVICES:
A.1.
The Contractor shall provide all service and deliverables as required, described, and detailed
herein and shall meet all service and delivery timelines as specified by this Contract.
A.2.
Summary of Services
This contract includes the maintenance, repair, and managing of general building operations as
described in this contract for two State mission critical facilities; the Tennessee South Service
Center (TSSC) and the Capitol Complex Service Center (CCSC). The Contractor will be
responsible for complete operations, maintenance, and repair of electrical, mechanical, plumbing
and fire protection systems, general building operations, monitoring and reporting on
infrastructure components, and general building maintenance (i.e. painting, flooring, furniture /
cube configurations, and general repairs). The Contractor must provide a complete range of
services, so the State of Tennessee will have the convenience of dealing with a single provider
for all their facility operations, maintenance and repair needs. The Contractor will provide all
services, but not limited to the services as described in this section. The Contractor will maintain
in perfect working order any / all mechanical, electrical, and plumbing infrastructure components
and provide for all building repair, upkeep, and maintenance. The Contractor will develop a safety
program and monitor and report results.
NOTE: The Tennessee South Service Center (TSSC) is designed as a Tier III or Tier IV facility,
as defined by the Uptime Institute. All elements of a Tier III facility are incorporated in the design,
and additionally includes the redundant power components required by the Tier IV classification.
This data center has one active path with redundant components. It is concurrently maintainable
with a 99.99% availability target. Planned maintenance activities will be performed on this data
center without causing any disruptions. Preventative maintenance, testing, and repair will be
scheduled and carried out without shutting down the infrastructure. The services provided by the
Contractor are subject to the requirements and performance metrics [Key Performance Indicators
(KPIs) and Service Levels] detailed in Contract Attachment C.
The Capitol Complex Service Center (CCSC) facility is a Tier II facility as defined by the Uptime
Institute (please refer to the Uptime Institutes web site for more information).
The Contractor will develop processes, procedures, and controls to maintain cost effective
solutions that support the overarching goals.
A.3.
Products and services provided under this contract shall fall into one of five categories:
a.
b.
c.
Cost-Capped Materials;
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d.
e.
Security Services.
See Contract Section C.3 for descriptions of these categories, along with their associated
payment methodologies. See Contract Attachment B for a table which classifies the products and
services described below according to their compensation mechanisms.
A.4.
Building Analysis and Condition Assessment. Within six (6) months after the Contract Start Date
the Contractor will perform a thorough analysis of the data center buildings for the purpose of
determining and documenting existing conditions and requirements for improvements. The
Contractor will field-verify accuracy of available as-built drawings and generate required drawings
for areas where drawings do not exist. Studies include, but are not limited to, the buildings
mechanical and electrical systems, indoor air and water quality, and energy usage and
TM
sustainable design attributes, including feasibility to meet LEED certification, Energy Star, and
all State environmental Executive Orders, rules, and regulations. Budgetary implications shall
also be included for recommended improvements. The State of Tennessee shall evaluate all
recommendations and must approve any / all improvements to be made.
A.5.
Building Condition Remediation. If requested by the State, the Contractor will perform any / all
services to remediate any deficiencies, flaws, defects, inadequacies, or abnormal conditions. All
costs will be identified and presented to the State prior to approval to proceed and shall be
broken down as follows:
a.
b.
These improvements do not exclude the Contractor from obligations to service the facility as
specified elsewhere in this agreement. The Contractor fully accepts responsibility to maintain the
facility and accepts all conditions of the building day one.
A.6.
Glossary. For the meanings of acronyms and certain definitions used throughout the Contract,
refer to Contract Attachment G, Glossary.
A.7.
A.8.
a.
Within ninety (90) days after the Contract Start Date, the Contractor will provide an SOP
manual for all maintenance and support activity described in this section. A copy shall be
furnished to and subject to approval by the State. The same SOP manual shall be used
for both data centers.
b.
SOP manuals must be kept highly available, on-site, up-to-date, and shall reflect all
standard operating procedures for all required maintenance activities. The Contractor will
use Microsoft Word and a State provided template. The Contractor will have thirty (30)
days to write, amend, and re-issue any SOP deficiencies found by the State.
b.
Beginning of Contract.
i.
The Contractor will participate in the transition phase and cooperate fully with the
current contract holder.
ii.
The transition from the current contract holder will be no longer than one hundred
twenty (120) days beginning from the Contract Start Date.
End of Contract. If, at the end of this contract period a new proposer wins the contract for
the next contract period, the last six (6) months of the current contract will serve as a
mandatory transition phase.
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A.9.
A.10.
i.
ii.
The Contractor will submit a written transition plan for approval by the State
within six (6) months prior to the end of the current contract. The transition plan
will have two separate sections, one for each data center, and each section will
address items such as:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Alert Monitoring Per Data Center. The Contractor shall provide the following services for each
Data Center site location:
a.
The Contractor will investigate, document, and implement best practices for monitoring
critical mechanical, electrical, and plumbing systems (what alerts / how to monitor
7X24X365).
b.
The Contractor will develop and review procedures for planned response to critical
events; develop service plans and schedules, and a plan for adherence.
c.
The Contractor will develop and document a complete set of test plans that ensure all
critical systems are operable and calibrated properly.
d.
Alert monitoring and response will be real time (7x24x365). Electricians, HVAC
specialists, and Facility Managers are required to carry two-way radios and pagers to
respond to any / all critical alerts for HVAC (Heating Ventilation and Air Conditioning) and
electrical emergencies (Contractor provides communication equipment). Cell phones are
required for the Facility Managers and their designees. Acceptable emergency response
times are within twenty (20) minutes for call back, and on-site and working the issue
within two (2) hours. Priority repairs will be worked until issue is resolved or until a
workaround has been put in place. The State will review and approve all policies and
methodologies. The Contractor will provide all contact information and keep it up-to-date
and the State will retain all contact information for use at its discretion. This includes
contact information for both on-site staff as well as emergency after-hour contacts for
service providers.
Follow all industry best practices for operations, maintenance, and monitoring of the
following:
i.
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ii.
iii.
iv.
v.
vi.
Building shell;
vii.
viii.
ix.
b.
The Contractor will maintain complete as-built building drawings for each data center
and create schematics where they dont exist.
c.
The Contractor will develop and maintain maintenance schedules for all equipment and
the buildings infrastructure.
d.
e.
The Contractor will ensure all filters, belts, fasteners, fixtures, lubricants, and other
routine maintenance items are installed, working properly.
f.
g.
The Contractor will maintain a complete hardware set (bolts, washers, screws, nails, tiewraps, fasteners, glues, etc.) in order to maintain the facility.
h.
i.
Contractor will provide a method for tracking and measuring circuit loads and capacity, as
not to allow any over loading or underutilization of UPS, PDUs or circuits.
j.
The Contractor will provide (for new or modified equipment) and maintain interfaces into
the facilities monitoring and control systems. The Contractor will ensure that all critical
systems are properly monitored in real time and have a planned and documented
response to critical events. The State will review and approve all policies and
methodologies.
k.
Contractor will perform any enhancements or break/fix repairs needed to maintain the
physical plant systems.
Note: See Contract Attachment H for a list of specific equipment to be maintained, monitored, and
repaired under this contract. This list includes the major components and is not the complete list
of the Contractors responsibilities. Note also that this list is subject to change at the States
request; such changes shall be effected through a Memorandum of Understanding (MOU).
A.11.
Preventative Maintenance. The Contractor will use preventative maintenance as the primary
approach to ensuring the availability of the entire data center power train (generators, transfer
switches, transformers, batteries, breakers and switches, PDUs, UPSs, etc) and cooling train
(Computer Room Air Conditioners (CRACs), Computer Room Air Handlers (CRAHs), humidifiers,
condensers, variable air volumes (VAVs), chillers, etc). The Contractor will:
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A.12.
a.
b.
c.
The Contractor will provide historical data for reporting usage trends, capacity demands,
meantime to failure, and downtime / repair statistics.
d.
The Contractor will identify potential issues and take immediate action to prevent a future
failure.
e.
The Contractor will ensure that all major equipment is maintained under either a service
maintenance program or warranties provided by the original equipment manufacturer and
that the preventative maintenance procedures include all manufacturers
recommendations and best practices. The maintenance may include, but is not limited to,
thermal scanning, calibration, adjustments, cleaning / replacing air or water filters,
lubrication, and replacement of parts or updating of physical infrastructure firmware /
software.
f.
g.
The Contractor will provide two Journeyman Level mechanical staff and one Facility
Manager for each facility 7x24x365 and be onsite 8 am to 5 pm, Monday - Friday, who will
be responsible to operate, maintain, and repair all the HVAC, power, and mechanical
systems in the facility. The Contractor will provide qualified technicians that will act as the
operations engineering staff for the facility, and as such, will be trained to have a working
knowledge of all the electrical systems and their operation in the event of an emergency.
h.
The Contractor shall monitor, maintain, and test general maintenance items including but not
limited to plumbing, lamp changes, wiring, etc.
i.
Provide and / or ensure availability of proper diagnostic tools on-site to accomplish all
preventative maintenance and define efficiency goals. Continuous diagnostics used as
predictive maintenance tool to prevent failures should be scheduled and documented. A
diagnostic plan should include in-line troubleshooting and be non-disruptive.
j.
Thermal scans and internal temperature measurements of all electrical equipment (Panel
boards, UPS modules, transfer switches, transformers, disconnects, Remote Power
Panel (RPPs), etc) will be completed annually and reported on annually.
k.
Torque connections, check fans, check capacitors, vibration test, and update firmware
will be a part of the comprehensive preventative maintenance plan.
l.
Equipment to be Maintained
a.
The Contractor shall monitor, maintain, and test the Building Management
System (BMS) as part of the calendar-based maintenance plan. The Contractor
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will be responsible for establishing and maintaining the BMS in a fully functional,
fully enabled manner. The Contractor will ensure the BMS is operating the
building components in the most efficient, cost effective manner. Servers and
PCs running the BMS software shall be kept up-to-date with regard to security
patches and anti-virus software.
b.
c.
d.
ii.
The Contractor shall monitor, maintain, and test the Supervisory Control and
Data Acquisition System (SCADA) system as part of the calendar-based
maintenance plan. Servers and PCs running the SCADA software shall be kept
up-to-date with regard to security patches and anti-virus software.
iii.
The Contractor shall monitor, maintain, and test fuel systems (pumps, etc.) as
part of the calendar-based maintenance plan.
ii.
The Contractor will be responsible for establishing and maintaining an ondemand contract for fuel from a vendor who is able to supply on a 7x24x365
basis.
iii.
The Contractor will provide fuel to the State on-demand, within six (6) hours of
States request, or when fuel levels fall below 60% of total tank capacity. All
invoices will be provided for the State to review.
iv.
The Contractor will ensure adequate fuel levels (60% of total tank capacity) are
maintained and will perform periodic testing to maintain high fuel quality.
Contractor will report emissions level to the State EPA or authority having
jurisdiction on the required basis.
v.
The Contractor will perform any enhancements or break/fix repairs to the tanks,
pumps, and piping that are needed to maintain the diesel fuel levels and quality.
UPS Maintenance
i.
The Contractor shall monitor, maintain, and test the entire UPS system
(switchgear, breakers, UPS modules, end to end, etc.) as part of the calendarbased maintenance plan. At a minimum, the Contractor will be responsible for
establishing and maintaining a calendar-based maintenance plan based upon the
manufacturer suggested plan. Results of all tests will include recommendations,
risk assessment, and repair / remediation plans. All activities will be reviewed by
the State prior to any work being performed.
ii.
The Contractor shall monitor, maintain, calibrate, and test the entire generator
system (fuel tanks, pumps, piping, batteries, oil change, belts, end to end, etc.)
as part of the calendar-based maintenance plan. At a minimum, the Contractor
will be responsible for establishing and maintaining a calendar-based
maintenance plan based upon the manufacturer suggested plan. A weekly onehour test of the generators will include start-up and fail-over. Results of all tests
will include recommendations, risk assessment, and repair / remediation plans.
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All fail-over activities will be performed under close supervision with fully trained
staff. All activities will be reviewed by the State prior to any work being
performed.
ii.
e.
f.
g.
h.
The Contractor shall provide for a load-bank test of all power generating
systems. The Contractor will provide maintenance as a part of the calendarbased maintenance plan. At a minimum, the Contractor will be responsible for
establishing and maintaining a calendar-based maintenance plan based upon the
manufacturer suggested plan. An annual load-bank test will be conducted by the
Contractor. Results of all tests will include recommendations, risk assessment,
and repair / remediation plans. All activities will be reviewed by the State prior to
any work being performed.
ii.
Batteries
i.
The Contractor shall provide for a test of all battery systems. The Contractor will
provide maintenance as a part of the calendar-based maintenance plan. At a
minimum, the Contractor will be responsible for establishing and maintaining a
calendar-based maintenance plan based upon the manufacturer suggested plan.
ii.
Load-bank tests will be conducted by the Contractor at the request of the State.
Results of all tests will include recommendations, risk assessment, and repair /
remediation plans. All activities will be reviewed by the State prior to any work
being performed. The Contractor, on a monthly basis, will review the battery
monitoring reports to verify if a trend is developing which could lead to battery
failure.
iii.
The Contractor will provide labor for the maintenance, addition, removal,
relocation, and configuration, of PDUs.
ii.
The Contractor will provide labor for the addition of branch circuits, breakers, and
building whips / receptacles. The Contractor will provide a comprehensive
branch circuit monitoring plan and documentation for each branch circuit
including demand, capacity, and location of equipment using each breaker.
Coordinate with the Data Center Infrastructure Manager for installation and deinstallation of computer equipment and assure that all branch circuit
documentation is accurate.
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ii.
i.
j.
k.
l.
m.
The Contractor shall monitor, maintain, calibrate, and test the entire power plant
system including generators, automatic transfer switches, switchgear, PDUs,
UPSs and batteries.
ii.
HVAC / CRAC
i.
The Contractor will monitor, maintain, calibrate, and test the entire HVAC / CRAC
systems (boiler settings, refrigerant usage, water treatment, heat exchangers
cleaned, coils cleaned, filters, lubrication, cleaning, domestic water supply, belts,
pressure, piping, glycol, end to end, etc.) as part of the calendar-based
maintenance plan. At a minimum, the Contractor will be responsible for
establishing and maintaining a calendar-based maintenance plan based upon the
manufacturer suggested plan. A weekly test of the HVAC components will
include water quality checks, air flow, air pressure, and fail-over. Results of all
tests will include risk assessment and repair / remediation plans. All fail-over
activities will be performed under close supervision with fully trained staff. All
activities will be reviewed by the State prior to any work being performed.
ii.
The Contractor will ensure proper and consistent set points for computer room
humidity setting, and temperature. Provide recommendations for system layout,
design and aid the State in developing the proper cooling strategy for heat
sensitive computer and disk storage systems.
ii.
ii.
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loading dock equipment, door repairs, motorized security gates / controls and
revolving security doors.
ii.
n.
o.
p.
q.
The Contractor will monitor and maintain all fire suppression and monitoring
systems including fire alarm (panels, piping, fire extinguishers, sprinklers, access
control equipment and end to end, etc). They will also conduct a full flow test on
the fire pumps as dictated by local and State codes. The Contractor will aid the
State in developing an emergency evacuation plan. At a minimum, the Contractor
will be responsible for establishing and maintaining a calendar-based
maintenance plan based upon the manufacturer suggested plan. Results of all
tests will include recommendations, risk assessment and repair / remediation
plans. All activities will be reviewed by the State prior to any work being
performed.
ii.
The Contractor will provide an emergency contact / call list. The Contractor will
establish a comprehensive safety program including written SOPs for monitoring
and reporting on fire alerting and suppression.
iii.
The Contractor will perform preventative maintenance on all fire alerting and
suppression systems according to manufacturers specifications as required, by
Fire Marshal and State and Local codes.
iv.
Maintenance of all low voltage equipment will be the responsibility of the on-site
electricians, except for data jacks and phone systems. (State infrastructure and
application servers, cable and fiber housed in the data centers are the
responsibility of the State, and are not part of this Contract.)
ii.
Security Systems
i.
ii.
Safety
The Contractor will provide an emergency contact / call list. The Contractor will establish
a comprehensive safety program including written SOPs for monitoring and reporting on
severe weather, medical emergencies, evacuation policy and procedure, electrical safety,
Emergency Power Off (EPO), fire drills, and general conditions.
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r.
s.
A.13.
The Contractor shall monitor, maintain, winterize, calibrate, and test the entire
irrigation system including but not limited to, the valves, sprinklers, spray heads,
nozzles, automatic switches, electronics, piping.
ii.
A.14.
a.
b.
c.
Spare Parts
a.
The Contractor shall keep certain spare parts on site at both facilities for purposes of
break/fix repairs. Inventory management of these parts will be the responsibility of the
Contractor. The Contractor shall ensure that sufficient spare parts are readily available,
such that the Contractor can comply with the State Key Performance Indicators (KPIs),
as detailed in Contract Attachment C. Such parts shall remain the property of the
Contractor until such time as they are installed at the State Data Center as a result of a
repair.
b.
c.
Contractor will provide a recommended spare parts list for critical systems in each facility,
within ninety (90) days of the Contract Start Date. The State will review this list and may
make recommendations for additional parts that shall be added. In any event, the State
will be the final arbiter of the parts that should be kept on site.
d.
The State shall also have the capacity to purchase, in accordance with the payment
methodology in Contract Section [Link], whatever spare parts the State wishes to
maintain in its own inventory.
e.
At the time of Contract Transition between the Contractor and any subsequent vendor,
the State shall have the right to buy the Contractor inventory of spare parts, or any
portions thereof, and the pricing for such parts shall be as described in Contract Section
[Link].
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A.15.
Tools
Contractor is required to provide and maintain a complete tool set on-site at each facility. The
Contractor must provide all tools required to perform the services including specialty tools or
rental equipment (e.g., lifts, load bank, backhoe) that may be required to perform the services.
A.16.
A.17.
Reporting Requirements
a.
Maintenance Logs
The Contractor will keep all maintenance logs up-to-date and available for periodic
management review. The Contractor will be required to input all maintenance schedules
and activities into the Contractors provided management system.
b.
Compliance Reporting (i.e. building codes, federal, state and local codes,
electrical, fire and plumbing codes);
ii.
iii.
Capacity report for all computer room breakers (PDU and RPP);
iv.
v.
vi.
vii.
viii.
HVAC system reports including alerts, failures, performance issues, and capacity
issues (Computer Room Air Conditioner) [CRAC/cooling units], chilled water
loops, fans, and VAV);
ix.
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A.18.
x.
xi.
xii.
Report monthly on the status of the expenditures for the current Contract year;
and,
xiii.
Compliance Reporting
The Contractor will submit to the States Facility Administrators an annual report, evaluated in
relation to relevant industry standards, local codes / regulations, manufacturers
recommendations, and national standards (i.e. NEC, NFPA, IEEE, ISO, etc.). The Contractor will
create, maintain, and keep up-to-date all compliance documentation required by local, state, and
federal agencies such as Material Safety Data Sheets (MSDS) documentation.
A.19.
A.20.
Repairs perform facility repairs such as painting, wall and ceiling repairs, etc.
b.
c.
d.
Plumbing maintenance and repairs as required in common areas such as break rooms
and restrooms.
e.
f.
Monitor and maintain leak detection system in the raised floor area.
g.
h.
Once during each Contract year, the area under the raised floor will be cleaned and
vacuumed. This will be scheduled and accomplished on a week day.
i.
Perform routine trash and debris pick-up and snow removal from the parking lots.
i.
(2)
j.
Perform parking lot repair/maintenance such as sealing, relining, crack/pot hole repair,
etc.
k.
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l.
Maintain the security fences and gates as required by States Facility Administrator.
m.
Routine support activities relocation of office furniture, marker boards, cork boards,
filing cabinets, conference tables, etc.
n.
Maintenance and service of any physical door hinges, locks, pneumatics, dock levelers,
and other building hardware.
i.
o.
A.21.
Facility Enhancement
a.
b.
Additional Enhancements
From time to time, additional minor enhancements will be necessary.
A.22.
Work Orders
The Contractor will utilize a State-approved work order ticket system and will generate
work order tickets for any services to be performed. Responsibilities also include the
management of maintenance agreements with third party service providers to ensure
regular planned maintenance. Each Facility Manager will report directly to the State
Facility Administrator in charge of the assigned primary facility.
b.
A.23.
Staff Requirements. The Contractor will provide the following staff to perform the day-to-day
services required by this Contract. See Contract Attachment E for detailed experience
requirements for each of these roles.
a.
b.
The Contractor shall provide two on-site Facility Managers, one for each of the
two facilities. Each manager will be dedicated primarily to his assigned facility
(minimum of 40 hours per week, at least 95% of the time, recognizing State
holidays), but will also act as backup for the other Facility Manager during any
absence of the primary manager. These Facility Managers will be responsible for
all maintenance functions within these two facilities. They will serve as the
primary liaison between the facility maintenance staff and the State facility
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
Ensuring facility repairs such as painting, wall and ceiling repairs, carpet
and flooring repairs, lamp replacement, plumbing repairs, minor electrical
repairs, etc. is complete and all work is performed with high standards.
(9)
(10)
Ensuring all areas of these facilities are clean, organized, and free of
clutter.
(11)
(12)
(13)
c.
(14)
(15)
(16)
(17)
d.
e.
Personnel Screening
i.
ii.
f.
Response Times
Acceptable emergency response time is 20 minutes for call back and on-site and working
the issue within 2 hours (7x24x365).
g.
ii.
iii.
Presidents Day
iv.
Good Friday
v.
Memorial Day
vi.
Independence Day
vii.
Labor Day
viii.
Veterans Day
ix.
Thanksgiving Day
x.
xi.
Christmas Day
In addition, the Governor allows an additional two (2) days around Christmas OR one (1)
day at Christmas and one (1) day at New Years. The actual days are determined by the
day of the week on which Christmas falls.
While the State does not anticipate any changes in the future, please be aware the
holidays are at the discretion of the Governor and are subject to change.
A.24.
Housekeeping. The Contractor must keep the building clean at all times, in accordance with the
following provisions:
a.
Custodial Supplies. The Contractor will supply and maintain on site a sufficient inventory
of custodial supplies including but not limited to: trash can liners, sand (for sand urns),
hand towels, toilet tissue, air freshener and liquid soap for soap dispensers, furniture
polish, disposable toilet seat covers;
b.
Cleaning Equipment. The Contractor will supply all cleaning equipment including but not
limited to: vacuum cleaners, mops, brooms, squeegees, vacuum bags, glass cleaner,
cleaning fluids, furniture wax, mop buckets, janitor carts and floor burnishes;
c.
Trash Removal. Trash is to be removed from inside the facility at least twice during each
24 hour period. Dumpster service will be provided by the Contractor. Trash will be
removed from site as needed but no less than once per week;
d.
Office Areas and Common Areas. Day Shift Custodians will clean office areas and
restrooms twice a day or as requested. Evening Shift Custodians will clean office areas
each evening after 6:00 PM. Halls, restrooms, entrance areas, docks, conference rooms
and other common areas will be cleaned each night. Windows cleaned, floors waxed,
and deep cleaning will be done monthly. Restrooms sanitized daily. Doorknobs sanitized
daily. Refrigerator will be washed out quarterly, microwave, and kitchen appliance will be
kept clean at all times. Additional cleaning may periodically be required on an as needed
basis;
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A.25.
e.
Raised Floor Areas. The Contractor will thoroughly vacuum and remove all
contaminates, dust and debris using High Efficiency Particulate Air Filter (HEPA) filtered
equipment from under the raised floor areas on an annual basis. Only trained personnel
under close supervision should be employed in this effort, as to not cause disruption to
any computer system. This cleaning will be performed on a week day. The raised floor
surface will be dust mopped and damped mopped weekly. Water bucket will be kept in a
hallway or maintenance gallery and will not be allowed on the raised floor;
f.
g.
Floor Maintenance. Vacuum/Mop all floor surfaces in non-raised floor areas on the
Evening Shift after 6:00 PM daily. All hard surface, non-raised floors waxed and buffed
monthly;
h.
See Contract Attachment F for additional details concerning janitorial duties that must be
performed. The Contractor will recommend the shift(s) in which the duties designated in
Contract Attachment F will be performed after the Contract Start Date. The State will
review this list and may make recommendations for changes. In any event, the State will
be the final arbiter with the regard of housekeeping duties; and,
i.
The Day Shift is defined as Monday through Friday, 8:00 a.m. 5:00 p.m.
excluding holidays.
ii.
The Evening Shift is defined as Sunday through Saturday, 365 days a year,
beginning at 6:00 p.m. Evening Shift Custodians must work as long as required
to complete services defined above and in Contract Attachment F.
Task Orders. When the State requires break/fix repairs or other services that are not provided for
within the Routine Maintenance column of Contract Attachment B, and the estimated Materials
cost for the services will exceed the $5,000 cap detailed in Contract Section [Link], the State
will provide the vendor with a Task Order for the service. All Task Orders shall specifically
describe the services that are being requested, and all material changes to the services listed in a
previously issued Task Order shall be set forth in a subsequent Task Order, and the subsequent
Task Order must be issued in accordance with the process set forth in this Contract.
a.
The State Facility Administrator shall classify all Task Orders as either Standard or
Emergency. An Emergency is defined as an event affecting either of the States Data
Centers or their physical or mechanical infrastructures that if not promptly addressed
would result in imminent: (1) further damage to the physical or mechanical
infrastructures; or (2) danger to personnel, equipment, or IT resources associated with
these infrastructures.
b.
For Standard Task Orders, the Contractor must, within five (5) business days of the
receipt of the Task Order from the State, provide to the State an estimate of the total cost
of the requested services and a timeline for completion of the services.
c.
For Emergency Task Orders, the Contractor must, within two (2) hours of the receipt of
the Task Order from the State, provide to the State an estimate of the total cost of the
requested services and a timeline for completion of the services.
d.
All Task Orders where the estimate of the cost of the requested services plus a ten
percent (10%) contingency is equal to, or in excess of, One Hundred Thousand Dollars
($100,000) (the SBC Threshold) are subject to State Building Commission (SBC) Bylaws, Policy and Procedure, including compliance with specific bonding requirements, as
described in Contract Section A.28.
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A.26.
A.27.
A.28.
Except for Emergency Task Orders issued after normal State business hours, prior to
issuing any Task Orders for work with a total project cost including contingencies at or
over the SBC Threshold, the State Facility Administrator shall first notify the Department
of General Services, State of Tennessee Real Estate and Asset Management (STREAM)
in writing and, with the assistance of STREAM, shall process approvals for the Task
Order through the normal SBC approval and oversight process. No work associated with
a Task Order shall commence until such time as the State Facility Administrator has
provided the Contractor with written authorization to do so in accordance with the terms
of this Contract and the SBC By-laws, Policy and Procedure. It is acknowledged that the
normal SBC approval and oversight process contains a procedure for emergencies
allowing for an expedited SBC approval process.
b.
In the event that the total cost of a task order equals or exceeds the SBC Threshold, the
Contractor shall be required to provide a bond as described below:
b.
The Contractor shall provide a Contract Bond in an amount equal to one hundred percent
(100%) of the Task Order.
i.
The Bond, created by STREAM and sent to the Contractor, shall be executed on
a Tennessee State Building Commission Standard Form, the current version of
which appears as Contract Attachment D.
ii.
The Bond shall then be submitted to the State within seven (7) calendar days
from the Contractors receipt of the Task Order.
iii.
A.29.
iv.
v.
vi.
ii.
The Contractor shall notify the State of any changes in licensure that occur during the
term of the Contract.
b.
Work Procedures. The Contractor must replace or restore (at least to the original
condition) any damage to floor, ceiling, walls, furniture, landscape, etc. caused by its
personnel and/or operations, at the Contractors expense.
i.
ii.
A.30.
(2)
The Contractor must leave all work areas secured, safe, and clean after
stopping for the day.
The Contractor must use the States (or the requesting entitys) work order
system to receive and update work orders. All work order direction MUST be in
written form (electronic or paper), with the exception of stop work orders, which
may be given verbally (followed by written notification). All work orders must be
completed on time as defined by the due date on the work order issued by the
State.
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a.
This Contract includes all lawn care services. The current scope for lawn care services
includes TSSC (Tennessee South Service Center) and does not include the CCSC
(Capitol Complex Service Center.) See Contract Attachments I and J. The State
reserves the right to add at any time the CCSC property to this provision. All services
must be available for both facilities at the States request. Services include trash, litter
pick-up and removal from the parking lot(s), sidewalks, courtyard(s), and grassed areas
prior to mowing. All grassed areas mowed. Grass trimmed, edged and weed eating of
borders and edges. Concrete areas and parking lots shall be blown or swept to remove
grass trimming after mowing and trimming. Trim and prune trees, shrubbery, and bushes;
remove leaves around the buildings and on the lawns to maintain a neat, uniform
appearance. The cost and availability of all equipment, parts, and supplies associated
with performing the services described herein will be included in the Monthly Lawn Care
Fee (see Section [Link]), except as described in the asterisked note at the end of
Contract Attachment B.
b.
The State can request any additional lawn care services for either property at an hourly
rate. The hourly rates shall include any all equipment, fuel, and labor required to perform
services.
c.
d.
e.
i.
Mowing, trimming all lawn areas at a minimum height of 2-1/2on a weekly basis
as needed;
ii.
iii.
Edging shall include along all sidewalks, curbs and drives on a monthly basis;
ii.
Trimming around all trees, rocks, beds, and buildings on a weekly basis; and,
iii.
Contractor shall be responsible at every mowing for trimming around trees, sign
posts, near buildings, in curbs and gutters, around all dumpsters and dumpster
area, and any other part of the lawn area where the lawn mowers may not be
able to reach during mowing. Trimmed areas shall be at the same level as the
mowing level of the lawn. Care will be taken to avoid damaging trees, shrubs,
buildings, and objects. Remove any / all trimmings and clean-up after each
trimming.
f.
Hardwood Dark Brown mulch that matches existing mulch shall be used in all
court islands and around common area trees as defined in this Contract.
Removal of all leaves, debris from plant beds and lawn in common areas;
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g.
ii.
Re-mulching of landscape beds and around trees noted in the common areas.
Mulch will be approximately 1- 2 in depth and spread evenly from base of tree
trunk approximately 26; and,
iii.
h.
i.
j.
k.
st
This service consists of a cleanup of all leaves from beds, under shrubs, lawn
areas, removal of annuals and trimming down all flowering perennials twice in the
th
fall. The cleanup will begin no later than Oct 30 and be completed by December
th
30 .
De-weed, removal of grass and debris from all plant beds (including rock areas,
around fences, driveways, and sidewalks) on a bi-weekly basis. Weeds / grass
shall also be removed from concrete to asphalt interfaces along common areas
and courts; and,
ii.
Any chemicals used are included as part of this service. Any plants determined to
be damaged by use of chemicals will be replaced by the Contractor at the
Contractors expense.
Trim and shape all shrubs in the common areas only, trimming all trees up to 8
in height;
ii.
Trimming all dead foliage, or limbs that will alter the primary shape of the tree;
iii.
Shrub trimming should not be done during excessively hot weather or during a
drought; and,
iv.
th
This service will consist of two (2) applications: (1) spring weed & feed; and (2)
early fall weed & feed; and,
ii.
ii.
iii.
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l.
A.31.
At the States request, the Contractor shall perform enhancements, break/fix repairs to
infrastructure such as the irrigation system, or the replacement of plants lost through no
fault of the Contractor.
Security Services.
a.
The Contractor shall provide security services to the State at both the CCSC
and TSSC. These services shall consist of no less than two security guards
(Security Supervisors, Security Officers, or Senior Security Officers [collectively
security personnel]) at each site, posted around the clock, 7x24x365 [seven
(7) days a week, twenty-four (24) hours a day, three hundred sixty-five (365)
days a year]. The main desk must be covered at all times. The Contractor
shall determine the length of each guards shift to accomplish the 7x24x365
coverage, subject to the shift-length restrictions described herein. See
Contract Section A.31.n. for further details regarding shift requirements.
ii.
The Contractor shall also provide a third security guard, at both the CCSC and
TSSC, to man the loading dock area, Monday through Friday, 7 am until 6 pm,
excluding State holidays. The loading dock must be covered at all times during
the 7 am until 6 pm shift hours. This guard would normally be a Security
Officer, but may be a Senior Security Officer, or Security Supervisor, if needed
to cover for unanticipated absences.
iii.
iv.
b.
(1)
(2)
For purposes of this Contract, security shall include, but not be limited to, the following:
i.
ii.
iii.
iv.
v.
vi.
Monitoring of building fire and life safety features including orderly control of
evacuations, drills and other exercises that instruct tenants and visitors about
building safety;
vii.
viii.
Monitor air temperature controls alerts, electrical power alarms, and page
appropriate service personnel.
Services that are to be performed by all security personnel may include, but are not
limited to, the following:
c.
ix.
x.
xi.
Checking employee name badges and requiring all visitors sign in/out when
entering/leaving buildings;
xii.
xiii.
xiv.
Security personnel will be responsible for patrolling the adjacent parking lots
located at the north and south sides of the CCSC, as well as all parking areas for
the TSSC. Security personnel are to be observant of any area that could affect
safety of employees or visitors and shall report the same observance
immediately to the Facility Administrator. Additionally, security personnel will
issue written warning tickets for vehicles being parked in areas designated as no
parking areas, unauthorized vehicles in State parking lots, State parking permits
not visible, State parking permits invalid, or vehicles illegally parked in reserved
parking spaces. Parking lot posts may be added or deleted at the State's
discretion, subject to the compensation provisions stated above in Section
A.31.a.
ii.
Patrol Schedule
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(1)
CCSC
Beginning at 8:00 am, a security officer patrols the perimeter of the
building once each hour until 6:00 pm. The perimeter patrol includes a
pass through the parking lot to the north and the parking lot to the south
of the CCSC facility. Security officers continue to monitor the perimeter
of the building via security cameras during overnight hours between 6:00
pm and 8:00 am.
(2)
TSSC
Beginning at 8:00 am, a security officer patrols the perimeter of the
building once each hour until 6:00 pm. The perimeter patrol includes a
security check of the gate to the secondary access road, a pass through
the facility parking lot, a pass by the loading dock, and a security check
of the front gate. Security officers continue to monitor the perimeter of
the building via security cameras during overnight hours between 6:00
pm and 8:00 am.
d.
Emergency Plans
The Contractor shall, within thirty (30) days of final approval of the Contract, develop and
implement an emergency evacuation plan and security plan for both buildings. The
Contractor shall coordinate with each Facility Manager and with each State Facility
Administrator to review all disaster response plans for the facilities. This will include all
plans for evacuation and other responses to fire, civil disobedience, bomb threats, acts of
God and/or other emergencies. One (1) copy of the plans shall be maintained in a binder
at each guard post; one (1) copy shall be provided to the Facility Manager for each
facility. These procedures will be written and indexed in the States provided SOP
(Standard Operating Procedure) format and maintained in Microsoft Word.
e.
Physical Exam
Security personnel assigned to this contract are required to pass a physical
examination by a licensed physician, annually. The examination will include drug
and alcohol testing. All completed physicals are to be submitted to the Data
Center Director within ninety (90) days of Contract Start Date, and annually on
the anniversary of the Contract Start Date. The Contractor will have ninety (90)
days to submit the Physical documentation for all newly hired guard personnel
who become employees under this contract. All costs for the initial and
subsequent annual physical examinations will be the responsibility of the
Contractor.
ii.
the security personnel will be removed from assignment from this contract until
such time as the personnel can successfully pass the physical and physical
fitness test. The physical fitness testing standard will require that any potential
security personnel be capable of walking or running a distance of 1 mile in ten
(10) minutes or less. Potential security personnel must also be capable of
ascending six (6) floors of stairs in five (5) minutes or less. The State reserves
the right to administer the PFT to security personnel, if it is deemed necessary to
verify results.
iii.
Professionalism
All Contractor employees assigned to work in State facilities are expected to be
accountable, responsible and able to meet unexpected situations in a calm,
competent and professional manner. All security personnel assigned by the
Contractor shall be presented to the Facility Administrator or a designat ed
representative of the Facility Administrators office prior to being assigned to
any post. The purpose of this presentation is to allow the State an opportunity
to concur with the assignment of any person that the Contractor may present.
When arriving for such presentation, the security personnel candidate shall be
in uniform identical to that which shall be worn during regular shift assignments.
iv.
v.
Background Checks
The Contractor is responsible for insuring that background checks are
completed, at no cost to the State, on all Contractor employees performing
security duties under this contract. The Contractor screenings will include, as a
minimum, a Tennessee Bureau of Investigation criminal background check,
National Crime Information Center background check, a valid Tennessee State
driver's license review, written verification of previous two (2) year's of
employment, and written verification of at least three (3) references. The cost
of any additional background inquiries will also be borne by the Contractor.
Contractor shall ensure that no security personnel employed shall have been
convicted of a felony. Any security personnel determined to have been convicted
of a felony shall not be allowed to serve on a post.
f.
g.
The Contractor shall assign employees to the State's premises with the understanding
that for the first ninety (90) calendar days that assignment is considered probationary.
During this probationary period the State may at its own discretion, require the
Contractor's employee be removed from the Contract. On completion of the
probationary period, the State will request removal of a Contractor employee on a
cause basis only.
h.
i.
Training
The Contractor shall ensure that security personnel are trained in all categories of the
four (4) security disciplines: Prevention/Protection; Enforcement; Emergency Procedures;
Special Equipment. Additionally, during the probationary period of any individual, the
Contractor shall provide on-the-job training as follows or as specifically appropriate to the
type of services to be delivered. On-the-job training, as interpreted herein, is only
conducted under the direct supervision of qualified security personnel (approved by the
State) who has by practice and experience, a working knowledge of all of the State's
procedures, and practices appropriate to the life, safety and security matters of the site.
All replacement security personnel shall meet the same training requirements, and the
Contractor shall be responsible to train new and replacement employees in the areas
required. The Contractor shall have thirty (30) days to complete this training after
hiring of replacement personnel, and must notify the Facility Manager's Office or
his/her representative in writing when training is completed.
Each guard will be required to attend, and satisfactorily complete, the training curriculum.
The Contractor shall provide written evidence of the completion of such training, detailing
the instruction matter covered and instruction periods in each specific area. The
Contractor shall be responsible for coordinating this instruction with Security Supervisors
to assure the required protection level is maintained at all times.
At a minimum, the training curricula shall consist of the following:
i.
Prevention/Protection
Patrol requirements;
Communication system use and procedures;
Use of vehicles;
Hazard identification: initial action and reporting; Identification systems;
Package screening procedures;
Traffic, Parking Control and Enforcement;
Receiving dock operations and procedures;
Response to fire and intrusion alarms and reports;
Responsibilities of individual posts for timely intervention response to
alarms and emergency situations;
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73
Enforcement
Techniques of handling confrontations with State employees, visitors and
contractors;
Techniques of handling normal business contacts with State employees, senior
level executives, visitors, special guests and contractors;
Specific post instructions;
Enforcement responsibilities of State's procedures and regulations;
Review of criminal law procedures regarding potential site confrontations;
Documentation of and preservation of evidence;
Limitations on search and seizure; and,
Proper report writing.
iii.
Emergency Procedures
Basic first aid practices;
Evacuation practices;
Bomb search practices; and,
Power failure practices.
iv.
Special Equipment
Operation of radio communications systems;
Operation of Closed Circuit Television systems; and,
Operation of computerized alarm and access control systems.
j.
Facility Orientation
Within thirty (30) days of the Contract Start Date, the Contractor will coordinate with the
appropriate Facility Manager to conduct orientation training sessions for all security
personnel assigned to each building. Such orientation shall be at times determined by
mutual agreement, but in no case will security personnel assume the duty in a facility for
which he or she has not received the orientation training. It is requested by the State that
all security personnel be trained so as to have an understanding of the building
emergency plan, be capable of understanding messages from the building emergency
alarm system, know how to set the alarm system, know proper procedures in the event of
a building emergency, to have read and understand the overall security plan as
developed and submitted by the Contractor, know procedures to notify State personnel
after hours of any incident considered by the Contractor to be an emergency, monitor and
record building equipment readings, etc. (i.e. be capable of summoning assistance from
Contractor supervisor, according to predetermined plan if need arises). The Contractor
will maintain complete written records of the training provided all security personnel, and
will make these records available to the State for verification upon request.
Note - until security personnel have been trained in accordance with security
Contractors training plan, such personnel may not be assigned to a post. Cost of all
training is to be borne by the Contractor.
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74
These orientation sessions will be mandatory and will be held at no cost to the State.
After orientations have been held for the Contractor's initial assigned staff, any new
security personnel assigned to a facility shall be required to work a full shift with an
experienced guard prior to assuming the post alone. The orientation shift will be at no
cost to the State.
k.
Post Orders
The Contractor shall review and update as appropriate within thirty (30) days of Contract
Start Date, the existing Post Orders for each post in each facility. Post Orders shall
include methods of control of ingress and egress; systems operations requirements;
appropriate uniform wear; key telephone contact numbers; and other specified duties for
the various shifts. Post Orders for newly established posts shall be developed and
written within thirty (30) days of creation of the post. All Post Orders shall be submitted to
the State Facility Administrator for review and approval. One (1) copy of the Post Orders
shall be kept in a binder at each post at all times; one (1) copy of all the Post Orders
pertaining to all the posts within a facility shall be maintained and available to the Security
Supervisor at all times; one (1) copy of each of the Post Orders for a facility shall be
provided to the Facility Manager. All Post Orders shall be reviewed and updated
annually or more often if there are significant changes to a post's procedures.
l.
Uniforms
The Contractor shall furnish all appropriate uniforms, supplies and equipment necessary
to perform the services required by this Contract (i.e., two-way radio equipment, security
vehicles, identification tags, forms, registers, etc.). Security personnel uniforms shall
present a professional appearance. Appropriate company and position identification shall
be plainly visible on all garments. All uniforms shall be consistent in color, design and
appearance throughout all State facilities serviced under this Contract. The only
acceptable footwear will be polished black shoes. Security personnel will remain in
complete uniform at all times when on duty unless specifically authorized otherwise by
the Facility Administrator. Alternate uniforms for special circumstances will be approved
on a case by case basis by the Facility Administrator.
m.
Security Equipment
The Contractor shall provide radio equipment as necessary to accomplish the security
functions at each of the various facilities, grounds, and parking lots. The Contractor shall
maintain a sufficient number of extra compatible communication devices, batteries,
chargers and other accessories to insure instant replacement for non-working units and
to allow for immediate response to temporary ad hoc security requirements. All security
personnel on duty shall be equipped with a compatible communication device with a
common authorized frequency. In addition, three (3) other identical devices are to be
supplied for use by the Facility Manager so as to monitor security procedures, and
respond immediately to security questions at their respective buildings.
All equipment provided by the Contractor is to be maintained by the Contractor and the
Contractor shall have sole responsibility for the same. All such equipment shall be in
good working order, and may be tested by the State to assure compliance. Equipment
used on State property, may be stored on State property when not in use (i.e.
overnight/weekends), if approved by the Facility Manager, and shall be at a location
determined by the Facility Manager. The State is not responsible for the Contractor's
equipment stored at State facilities. The transport of said equipment to the designated
location is the responsibility of the Contractor.
n.
Shifts
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75
p.
Reporting
All security personnel shall log and report all unusual events during their shift. Security
personnel are expected to take adequate measures based on Contractor's established
and approved policies and procedures to protect the State's employees, visitors and
properties and provide assistance in the event of any emergency situation. All rounds
reports, event reports, accident reports, and observations will include details and time
stamps.
q.
Supervisor Duties
i.
Upon arrival for duty, read all shift logs from the preceding shift or shifts, and
record any incident requiring investigation/scrutiny. This should be done as soon
as possible after arrival.
ii.
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76
r.
iii.
Monitor security personnel to insure that only State business is being conducted
while they are on duty. Officers shall not conduct personal business or vendor
business that does not relate to the State Contract. The State will not pay for any
costs that may be a result of Contractor personnel conducting other than State
business.
iv.
Attend an informal staff meeting, with the Facility Administrator, Data Center
Director, and the Custodial Supervisor, in the Facility Administrator's office to
discuss and exchange information relating to the facilities. Staff meetings shall
occur, upon Contract Start Date, and quarterly thereafter, unless otherwise
needed.
v.
Fill any vacant posts either with substitute personnel or by the supervisor.
Note excluding breaks or meals, in the case of a posting modification
requiring additional security personnel/hours when the Security Supervisor
fills a post not to exceed a maximum of two (2) hours per shift unless
approved by the Facility Administrator, the hourly rate for Security Officers will
be charged and paid, and not the Senior Security Officer or Security
Supervisor rates, if the rates are different. The Security Supervisor's normal
or routine schedule is to be determined by the Facility Administrator.
vi.
vii.
Carry a cell phone at all times, and respond to any calls within one (1) hour
maximum.
viii.
Submit all forms utilized by the Contractor relating to State business to the
Facility Administrators office daily and forms are to be separated/designated by
date and incident.
State Requirements
i.
The State may require the Contractor to exclude from work such employees as it
deems incompetent, careless, insubordinate, unsuitable, or otherwise
objectionable, or whose continued employment in security is determined to be
contrary to the public interest or inconsistent with the best interest of the State.
This shall include, but not be limited to, the following:
(1)
Falsifying documents;
(2)
(3)
(4)
Unsatisfactory performance.
The State specifically reserves the right to approve or disapprove any person
being assigned to a post, prior to assignment to any State post (new employees),
and furthermore may withdraw approval which was previously granted based on
actions of security personnel or upon learning of information about said
personnel that was not known prior to the personnel being assigned, and
employment of the personnel in a State building would not be in the best interest
of the State.
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B.
iii.
Security stations (e.g., desks, chairs, telephones, etc.) shall be provided and
designated by the State to be occupied by the Contractor's employees.
iv.
The State is not responsible for the safekeeping and condition of stored
equipment and will not be held responsible or liable for damage, theft,
vandalism to said equipment while stored on State property.
CONTRACT PERIOD:
This Contract shall be effective for the period beginning January 26, 2015, and ending on January
25, 2020. The Contractor hereby acknowledges and affirms that the State shall have no
obligation for services rendered by the Contractor which were not performed within this specified
contract period.
C.
C.1.
Maximum Liability. In no event shall the maximum liability of the State under this Contract
exceed Written Dollar Amount ($Number). The payment rates in section C.3 shall constitute the
entire compensation due the Contractor for all service and Contractor obligations hereunder
regardless of the difficulty, materials or equipment required. The payment rates include, but are
not limited to, all applicable taxes, fees, overheads, and all other direct and indirect costs incurred
or to be incurred by the Contractor.
The Contractor is not entitled to be paid the maximum liability for any period under the Contract or
any extensions of the Contract for work not requested by the State. The maximum liability
represents available funds for payment to the Contractor and does not guarantee payment of any
such funds to the Contractor under this Contract unless the State requests work and the
Contractor performs said work. In which case, the Contractor shall be paid in accordance with
the payment rates detailed in section C.3. The State is under no obligation to request work from
the Contractor in any specific dollar amounts or to request any work at all from the Contractor
during any period of this Contract.
C.2.
Compensation Firm. The payment rates and the maximum liability of the State under this
Contract are firm for the duration of the Contract and are not subject to escalation for any reason
unless amended.
C.3.
Payment Methodology. The Contractor shall be compensated based on the payment rates herein
for units of service authorized by the State in a total amount not to exceed the Contract Maximum
Liability established in section C.1.
a.
b.
The Contractor shall be compensated for said units, milestones, or increments of service
based upon the following payment rates:
i.
(2)
(3)
Service Description
ii.
Year 1
(01/26/15
01/25/16)
Year 2
(01/26/16
01/25/17)
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
Year 5
(01/26/19
01/25/20)
$0.00 /
MONTH
$0.00 /
MONTH
$0.00 /
MONTH
$0.00 /
MONTH
$0.00 /
MONTH
(2)
(3)
(4)
(5)
In the event that the State wishes to purchase spare parts/supplies from
inventories remaining at the end of the contract, the Contractor shall
base its price to the State on the original purchase price for the
RFP # 31701-03107
79
parts/supplies in question, and not on the price current at the time of the
States purchase.
REIMBURSABLE HOURLY RATES
Amount
(per compensable increment)
Year 1
(01/26/15
01/25/16)
Year 2
(01/26/16
01/25/17)
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
Year 5
(01/26/19
01/25/20)
Facility Manager
$0.00
per hour
$ 0.00
per hour
$ 0.00
per hour
$ 0.00
per hour
$ 0.00
per hour
Architect
$0.00
per hour
$ 0.00
per hour
$ 0.00
per hour
$ 0.00
per hour
$ 0.00
per hour
Mechanical Engineer
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Electrical Engineer
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Licensed Electrician
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Plumber
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Project Manager
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Unskilled Labor
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
$0.00
$0.00
$0.00
$0.00
Service Description
RFP # 31701-03107
80
Amount
(per compensable increment)
Year 1
(01/26/15
01/25/16)
Year 2
(01/26/16
01/25/17)
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
Year 5
(01/26/19
01/25/20)
per hour
per hour
per hour
per hour
per hour
Custodian
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Security Officer
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Security Supervisor
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
$0.00
per hour
Service Description
(6)
The Contractor shall not be compensated for travel time to the primary
location of service provision.
(7)
Parts/Supplies and Diesel Fuel expenses are invoiced to the State at the
price the Contractor paid for the items in question, plus a mark-up
amount at the percentage stated below.
Amount
(per compensable increment)
Service Description
Year 1
(01/26/15
01/25/16)
Year 2
(01/26/16
01/25/17)
Year 3
(01/26/17
01/25/18)
Year 4
(01/26/18
01/25/19)
Year 5
(01/26/19
01/25/20)
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
iii.
(1)
(b)
Parts/supplies expenses in excess of the Materials Out-OfPocket Expense Cap threshold described in [Link].(2),
subsections (b) and (c) below.
Note that Parts/supplies expenses includes the Parts Supplies MarkUp Percentage amount described [Link].(7).
The labor for performing enhancements or break/fix repairs will not be
included in the calculation of the parts/supplies expense for a given
repair event. In all cases the Contractor shall make its best effort to
ensure that all enhancement and break/fix work is performed by staff
already on-site at the data center. The State will compensate the
Contractor for labor for enhancements and break/fix repairs in
accordance with the provisions of Contract Sections [Link].(2) and (3)
above.
(2)
(b)
(c)
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iv.
Service Description
v.
The lawn care fee shall be prorated for partial acres in an amount directly
related to the size of the partial acre. For example, if the partial acre is
one-quarter (1/4) acre in size, the rate for this partial acre shall be
determined by multiplying the rate in the table below by .25.
Year 1
(01/26/15
01/25/16)
$ 0.00
per acre /
per month
Amount
(per compensable increment)
Year 2
Year 3
Year 4
(01/26/16
(01/26/17
(01/26/18
01/25/17)
01/25/18)
01/25/19)
$ 0.00
per acre /
per month
$ 0.00
per acre /
per month
$ 0.00
per acre /
per month
Year 5
(01/26/19
01/25/20)
$ 0.00
per acre /
per month
Security Services.
Service Description
Year 1
(01/26/15
01/25/16)
Amount
(per compensable increment)
Year 2
Year 3
Year 4
(01/26/16
(01/26/17
(01/26/18
01/25/17)
01/25/18)
01/25/19)
Year 5
(01/26/19
01/25/20)
$ 0.00
per month
$ 0.00
per month
$ 0.00
per month
$ 0.00
per month
$ 0.00
per month
C.4.
Travel Compensation. The Contractor shall not be compensated or reimbursed for travel, meals,
or lodging.
C.5.
Invoice Requirements. The Contractor shall invoice the State only for completed increments of
service and for the amount stipulated in section C.3, above, and present said invoices no more
often than monthly, with all necessary supporting documentation, to:
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Each invoice shall clearly and accurately detail all of the following required information
(calculations must be extended and totaled correctly).
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
b.
The Contractor understands and agrees that an invoice under this Contract shall:
(1)
(2)
(3)
(4)
C.6.
Payment of Invoice. A payment by the State shall not prejudice the State's right to object to or
question any payment, invoice, or matter in relation thereto. A payment by the State shall not be
construed as acceptance of any part of the work or service provided or as approval of any
amount invoiced.
C.7.
Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included
in any invoice or payment theretofore made which are determined by the State, on the basis of
audits conducted in accordance with the terms of this Contract, not to constitute proper
remuneration for compensable services.
C.8.
Deductions. The State reserves the right to deduct from amounts, which are or shall become due
and payable to the Contractor under this or any contract between the Contractor and the State of
Tennessee any amounts, which are or shall become due and payable to the State of Tennessee
by the Contractor.
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C.9.
Prerequisite Documentation. The Contractor shall not invoice the State under this Contract until
the State has received the following documentation properly completed.
a.
The Contractor shall complete, sign, and present to the State an "Authorization
Agreement for Automatic Deposit (ACH Credits) Form" provided by the State. By doing
so, the Contractor acknowledges and agrees that, once said form is received by the
State, all payments to the Contractor, under this or any other contract the Contractor has
with the State of Tennessee shall be made by Automated Clearing House (ACH).
b.
The Contractor shall complete, sign, and present to the State a "Substitute W-9 Form
provided by the State. The taxpayer identification number detailed by said form must
agree with the Contractor's Federal Employer Identification Number or Tennessee Edison
Registration ID referenced in this Contract.
D.
D.1.
Required Approvals. The State is not bound by this Contract until it is signed by the contract
parties and approved by appropriate officials in accordance with applicable Tennessee laws and
regulations (depending upon the specifics of this contract, said officials may include, but are not
limited to, the Commissioner of Finance and Administration, the Commissioner of Human
Resources, and the Comptroller of the Treasury).
D.2.
Modification and Amendment. This Contract may be modified only by a written amendment
signed by all parties hereto and approved by both the officials who approved the base contract
and, depending upon the specifics of the contract as amended, any additional officials required by
Tennessee laws and regulations (said officials may include, but are not limited to, the
Commissioner of Finance and Administration, the Commissioner of Human Resources, and the
Comptroller of the Treasury).
D.3.
Termination for Convenience. The State may terminate this Contract without cause for any
reason. Said termination shall not be deemed a breach of contract by the State. The State shall
give the Contractor at least sixty (60) days written notice before the effective termination date.
The Contractor shall be entitled to compensation for satisfactory, authorized service completed as
of the termination date, but in no event shall the State be liable to the Contractor for
compensation for any service which has not been rendered. Upon such termination, the
Contractor shall have no right to any actual general, special, incidental, consequential, or any
other damages whatsoever of any description or amount.
D.4.
Termination for Cause. If the Contractor fails to properly perform its obligations under this
Contract in a timely or proper manner, or if the Contractor violates any terms of this Contract, the
State shall have the right to immediately terminate the Contract and withhold payments in excess
of fair compensation for completed services. Notwithstanding the above, the Contractor shall not
be relieved of liability to the State for damages sustained by virtue of any breach of this Contract
by the Contractor.
D.5.
Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any
of the services performed under this Contract without obtaining the prior written approval of the
State. If such subcontracts are approved by the State, each shall contain, at a minimum, sections
of this Contract below pertaining to "Conflicts of Interest," "Nondiscrimination," and Records (as
identified by the section headings). Notwithstanding any use of approved subcontractors, the
Contractor shall be the prime contractor and shall be responsible for all work performed.
D.6.
Conflicts of Interest. The Contractor warrants that no part of the total Contract Amount shall be
paid directly or indirectly to an employee or official of the State of Tennessee as wages,
compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or
consultant to the Contractor in connection with any work contemplated or performed relative to
this Contract.
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The Contractor acknowledges, understands, and agrees that this Contract shall be null and void if
the Contractor is, or within the past six months has been, an employee of the State of Tennessee
or if the Contractor is an entity in which a controlling interest is held by an individual who is, or
within the past six months has been, an employee of the State of Tennessee.
D.7.
Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be
excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination
in the performance of this Contract or in the employment practices of the Contractor on the
grounds of handicap or disability, age, race, color, religion, sex, national origin, or any other
classification protected by Federal, Tennessee State constitutional, or statutory law. The
Contractor shall, upon request, show proof of such nondiscrimination and shall post in
conspicuous places, available to all employees and applicants, notices of nondiscrimination.
D.8.
Prohibition of Illegal Immigrants. The requirements of Tenn. Code Ann. 12-3-309 addressing
the use of illegal immigrants in the performance of any contract to supply goods or services to the
state of Tennessee, shall be a material provision of this Contract, a breach of which shall be
grounds for monetary and other penalties, up to and including termination of this Contract.
D.9.
a.
The Contractor agrees that the Contractor shall not knowingly utilize the services of an
illegal immigrant in the performance of this Contract and shall not knowingly utilize the
services of any subcontractor who will utilize the services of an illegal immigrant in the
performance of this Contract. The Contractor shall reaffirm this attestation, in writing, by
submitting to the State a completed and signed copy of the document at Attachment A,
hereto, semi-annually during the period of this Contract. Such attestations shall be
maintained by the Contractor and made available to State officials upon request.
b.
Prior to the use of any subcontractor in the performance of this Contract, and semiannually thereafter, during the period of this Contract, the Contractor shall obtain and
retain a current, written attestation that the subcontractor shall not knowingly utilize the
services of an illegal immigrant to perform work under this Contract and shall not
knowingly utilize the services of any subcontractor who will utilize the services of an
illegal immigrant to perform work under this Contract. Attestations obtained from such
subcontractors shall be maintained by the Contractor and made available to state officials
upon request.
c.
The Contractor shall maintain records for all personnel used in the performance of this
Contract. Said records shall be subject to review and random inspection at any
reasonable time upon reasonable notice by the State.
d.
The Contractor understands and agrees that failure to comply with this section will be
subject to the sanctions of Tenn. Code Ann. 12-3-309 for acts or omissions occurring
after its effective date.
e.
For purposes of this Contract, "illegal immigrant" shall be defined as any person who is
not either a United States citizen, a Lawful Permanent Resident, or a person whose
physical presence in the United States is authorized or allowed by the federal
Department of Homeland Security and who, under federal immigration laws and/or
regulations, is authorized to be employed in the U.S. or is otherwise authorized to provide
services under the Contract.
Records. The Contractor shall maintain documentation for all charges under this Contract. The
books, records, and documents of the Contractor, insofar as they relate to work performed or
money received under this Contract, shall be maintained for a period of three (3) full years from
the date of the final payment and shall be subject to audit at any reasonable time and upon
reasonable notice by the State, the Comptroller of the Treasury, or their duly appointed
representatives. The financial statements shall be prepared in accordance with generally
accepted accounting principles.
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D.10.
Prevailing Wage Rates. All State contracts for highway construction projects, which are for the
purpose of building, rebuilding, locating, relocating or repairing any streets, highways or bridges,
require compliance with the prevailing wage laws as provided in Tenn. Code Ann. 12-4-401
415.
D.11.
Monitoring. The Contractors activities conducted and records maintained pursuant to this
Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the
Treasury, or their duly appointed representatives.
D.12.
Progress Reports. The Contractor shall submit brief, periodic, progress reports to the State as
requested.
D.13.
Strict Performance. Failure by any party to this Contract to insist in any one or more cases upon
the strict performance of any of the terms, covenants, conditions, or provisions of this Contract
shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or
provision. No term or condition of this Contract shall be held to be waived, modified, or deleted
except by a written amendment signed by the parties hereto.
D.14.
Independent Contractor. The parties hereto, in the performance of this Contract, shall not act as
employees, partners, joint venturers, or associates of one another. It is expressly acknowledged
by the parties hereto that such parties are independent contracting entities and that nothing in this
Contract shall be construed to create an employer/employee relationship or to allow either to
exercise control or direction over the manner or method by which the other transacts its business
affairs or provides its usual services. The employees or agents of one party shall not be deemed
or construed to be the employees or agents of the other party for any purpose whatsoever.
The Contractor, being an independent contractor and not an employee of the State, agrees to
carry adequate public liability and other appropriate forms of insurance, including adequate public
liability and other appropriate forms of insurance on the Contractors employees, and to pay all
applicable taxes incident to this Contract.
D.15.
State Liability. The State shall have no liability except as specifically provided in this Contract.
D.16.
Force Majeure. The obligations of the parties to this Contract are subject to prevention by causes
beyond the parties control that could not be avoided by the exercise of due care including, but
not limited to, natural disasters, riots, wars, epidemics, or any other similar cause.
D.17.
State and Federal Compliance. The Contractor shall comply with all applicable State and Federal
laws and regulations in the performance of this Contract.
D.18.
Governing Law. This Contract shall be governed by and construed in accordance with the laws
of the State of Tennessee. The Contractor agrees that it will be subject to the exclusive
jurisdiction of the courts of the State of Tennessee in actions that may arise under this Contract.
The Contractor acknowledges and agrees that any rights or claims against the State of
Tennessee or its employees hereunder, and any remedies arising therefrom, shall be subject to
and limited to those rights and remedies, if any, available under Tennessee Code Annotated,
Sections 9-8-101 through 9-8-407.
D.19.
Completeness. This Contract is complete and contains the entire understanding between the
parties relating to the subject matter contained herein, including all the terms and conditions of
the parties agreement. This Contract supersedes any and all prior understandings,
representations, negotiations, and agreements between the parties relating hereto, whether
written or oral.
D.20.
Severability. If any terms and conditions of this Contract are held to be invalid or unenforceable
as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall
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remain in full force and effect. To this end, the terms and conditions of this Contract are declared
severable.
D.21.
Headings. Section headings of this Contract are for reference purposes only and shall not be
construed as part of this Contract.
D.22.
HIPAA Compliance. The State and Contractor shall comply with obligations under the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), Health Information Technology for
Economic and Clinical Health (HITECH) Act and any other relevant laws and regulations
regarding privacy (collectively the Privacy Rules).
a.
Contractor warrants to the State that it is familiar with the requirements of the Privacy
Rules, and will comply with all applicable requirements in the course of this Contract.
b.
Contractor warrants that it will cooperate with the State, including cooperation and
coordination with State privacy officials and other compliance officers required by the
Privacy Rules, in the course of performance of the Contract so that both parties will be in
compliance with the Privacy Rules.
c.
The State and the Contractor will sign documents, including but not limited to business
associate agreements, as required by the Privacy Rules and that are reasonably
necessary to keep the State and Contractor in compliance with the Privacy Rules. This
provision shall not apply if information received or delivered by the parties under this
Contract is NOT protected health information as defined by the Privacy Rules, or if the
Privacy Rules permit the parties to receive or deliver such information without entering
into a business associate agreement or signing another such document.
d.
The Contractor will indemnify the State and hold it harmless for any violation by the
Contractor or its subcontractors of the Privacy Rules. This includes the costs of
responding to a breach of protected health information, the costs of responding to a
government enforcement action related to the breach, and any fines, penalties, or
damages paid by the State because of the violation.
E.
E.1.
Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with
any other terms and conditions of this Contract, these special terms and conditions shall control.
E.2.
The Contractor:
Contractor Contact Name & Title
Contractor Name
Address
Email Address
Telephone # Number
Fax # Number
All instructions, notices, consents, demands, or other communications shall be considered
effectively given upon receipt or recipient confirmation as may be required.
E.3.
Subject to Funds Availability. The Contract is subject to the appropriation and availability of State
and/or Federal funds. In the event that the funds are not appropriated or are otherwise
unavailable, the State reserves the right to terminate the Contract upon written notice to the
Contractor. Said termination shall not be deemed a breach of Contract by the State. Upon
receipt of the written notice, the Contractor shall cease all work associated with the Contract.
Should such an event occur, the Contractor shall be entitled to compensation for all satisfactory
and authorized services completed as of the termination date. Upon such termination, the
Contractor shall have no right to recover from the State any actual, general, special, incidental,
consequential, or any other damages whatsoever of any description or amount.
E.4.
E.5
Tennessee Department of Revenue Registration. The Contractor shall be registered with the
Department of Revenue for the collection of Tennessee sales and use tax. This registration
requirement is a material requirement of this Contract.
E.6.
Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that
it, its current and future principals, its current and future subcontractors and their principals:
a.
are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal or state department or
agency;
b.
have not within a three (3) year period preceding this Contract been convicted of, or had
a civil judgment rendered against them from commission of fraud, or a criminal offence in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or grant under a public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification, or
destruction of records, making false statements, or receiving stolen property;
c.
are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses detailed in section b. of
this certification; and
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d.
have not within a three (3) year period preceding this Contract had one or more public
transactions (federal, state, or local) terminated for cause or default.
The Contractor shall provide immediate written notice to the State if at any time it learns that
there was an earlier failure to disclose information or that due to changed circumstances, its
principals or the principals of its subcontractors are excluded or disqualified.
E.7.
Insurance. The Contractor shall carry adequate liability and other appropriate forms of insurance.
a.
b.
E.8.
(2)
(3)
At any time State may require the Contractor to provide a valid Certificate of Insurance
detailing Coverage Description; Insurance Company & Policy Number; Exceptions and
Exclusions; Policy Effective Date; Policy Expiration Date; Limit(s) of Liability; and Name
and Address of Insured. Failure to provide required evidence of insurance coverage shall
be a material breach of this Contract.
E.9.
State Ownership of Work Products. The State shall have ownership, right, title, and interest,
including ownership of copyright, in all work products, including computer source code, created,
designed, developed, derived, documented, installed, or delivered under this Contract subject to
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the next subsection and full and final payment for each Work Product. The State shall have
royalty-free and unlimited rights and license to use, disclose, reproduce, publish, distribute,
modify, maintain, or create derivative works from, for any purpose whatsoever, all said Work
Products.
a.
To the extent that the Contractor uses any of its pre-existing, proprietary or independently
developed tools, materials or information ("Contractor Materials"), the Contractor shall
retain all right, title and interest in and to such Contractor Materials, and the State shall
acquire no right, title or interest in or to such Contractor Materials EXCEPT the
Contractor grants to the State an unlimited, non-transferable license to use, copy and
distribute internally, solely for the State's internal purposes, any Contractor Materials
reasonably associated with any Work Product provided under the Contract.
b.
The Contractor shall furnish such information and data as the State may request,
including but not limited to computer code, that is applicable, essential, fundamental, or
intrinsic to any Work Product and Contractor Materials reasonably associated with any
Work Product, in accordance with this Contract and applicable state law.
c.
Nothing in this Contract shall prohibit the Contractor's use for its own purposes of the
general knowledge, skills, experience, ideas, concepts, know-how, and techniques
obtained and used during the course of providing the services requested under this
Contract.
d.
Nothing in the Contract shall prohibit the Contractor from developing for itself, or for
others, materials which are similar to and/or competitive with those that are produced
under this Contract.
E.10.
Competitive Procurements. This Contract provides for reimbursement of the cost of goods,
materials, supplies, equipment, or contracted services. Such procurements shall be made on a
competitive basis, where practical. The Contractor shall maintain documentation for the basis of
each procurement for which reimbursement is paid pursuant to this Contract. In each instance
where it is determined that use of a competitive procurement method was not practical, said
documentation shall include a written justification, approved by the Commissioner of the
Department of Finance and Administration, for such decision and non-competitive procurement.
E.11.
State Furnished Property. The Contractor shall be responsible for the correct use, maintenance,
and protection of all articles of nonexpendable, tangible, personal property furnished by the State
for the Contractors temporary use under this Contract. Upon termination of this Contract, all
property furnished shall be returned to the State in good order and condition as when received,
reasonable use and wear thereof excepted. Should the property be destroyed, lost, or stolen, the
Contractor shall be responsible to the State for the residual value of the property at the time of
loss.
E.12.
this Contract document with any attachments or exhibits (excluding the items listed at
subsections b. through e., below);
b.
c.
the State solicitation, as may be amended, requesting proposals in competition for this
Contract;
d.
e.
E.13.
Prohibited Advertising. The Contractor shall not refer to this Contract or the Contractors
relationship with the State hereunder in commercial advertising in such a manner as to state or
imply that the Contractor or the Contractor's services are endorsed. It is expressly understood
and agreed that the obligations set forth in this section shall survive the termination of this
Contract in perpetuity.
E.14.
Lobbying. The Contractor certifies, to the best of its knowledge and belief, that:
a.
No federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this contract, grant, loan, or cooperative agreement, the
Contractor shall complete and submit Standard Form-LLL, ``Disclosure Form to Report
Lobbying,'' in accordance with its instructions.
c.
The Contractor shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into and is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code.
E.15.
Contractor Commitment to Diversity. The Contractor shall comply with and make reasonable
business efforts to exceed the commitment to diversity represented by the Contractors proposal
responding to RFP-31701-03107 (RFP Attachment 6.2., Section B, Item Ref. B.15) and resulting
in this Contract.
The Contractor shall assist the State in monitoring the Contractors performance of this
commitment by providing, as requested, a quarterly report of participation in the performance of
this Contract by small business enterprises and businesses owned by minorities, women, and
persons with a disability. Such reports shall be provided to the state of Tennessee Governor's
Office of Diversity Business Enterprise in form and substance as required by said office.
E.16.
Limitation of Liability. The parties agree that the Contractors liability under this Contract shall be
limited to an amount equal to two (2) times the Maximum Liability amount detailed in section C.1.
and as may be amended, PROVIDED THAT in no event shall this section limit the liability of the
Contractor for intentional torts, criminal acts, or fraudulent conduct.
E.17.
Hold Harmless. The Contractor agrees to indemnify and hold harmless the State of Tennessee
as well as its officers, agents, and employees from and against any and all claims, liabilities,
losses, and causes of action which may arise, accrue, or result to any person, firm, corporation,
or other entity which may be injured or damaged as a result of acts, omissions, or negligence on
the part of the Contractor, its employees, or any person acting for or on its or their behalf relating
to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of
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attorneys for the State in the event such service is necessitated to enforce the terms of this
Contract or otherwise enforce the obligations of the Contractor to the State.
In the event of any such suit or claim, the Contractor shall give the State immediate notice thereof
and shall provide all assistance required by the State in the States defense. The State shall give
the Contractor written notice of any such claim or suit, and the Contractor shall have full right and
obligation to conduct the Contractors own defense thereof. Nothing contained herein shall be
deemed to accord to the Contractor, through its attorney(s), the right to represent the State of
Tennessee in any legal matter, such rights being governed by Tennessee Code Annotated,
Section 8-6-106.
E.18.
Breach. A party shall be deemed to have breached the Contract if any of the following occurs:
failure to perform in accordance with any term or provision of the Contract;
partial performance of any term or provision of the Contract;
any act prohibited or restricted by the Contract, or
violation of any warranty.
For purposes of this Contract, these items shall hereinafter be referred to as a Breach.
a.
In event of a Breach by Contractor, the State shall have available the remedy of
Actual Damages and any other remedy available at law or equity.
(2)
(3)
Partial Default In the event of a Breach, the State may declare a Partial
Default. In which case, the State shall provide the Contractor written notice of:
(1) the date which Contractor shall terminate providing the service associated
with the Breach; and (2) the date the State will begin to provide the service
associated with the Breach. Notwithstanding the foregoing, the State may revise
the time periods contained in the notice written to the Contractor.
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In the event the State declares a Partial Default, the State may withhold, together
with any other damages associated with the Breach, from the amounts due the
Contractor the greater of: (1) amounts which would be paid the Contractor to
provide the defaulted service; or (2) the cost to the State of providing the
defaulted service, whether said service is provided by the State or a third party.
To determine the amount the Contractor is being paid for any particular service,
the Department shall be entitled to receive within five (5) days any requested
material from Contractor. The State shall make the final and binding
determination of said amount.
The State may assess Liquidated Damages against the Contractor for any failure
to perform which ultimately results in a Partial Default with said Liquidated
Damages to cease when said Partial Default is effective. Upon Partial Default,
the Contractor shall have no right to recover from the State any actual, general,
special, incidental, consequential, or any other damages whatsoever of any
description or amount. Contractor agrees to cooperate fully with the State in the
event a Partial Default is taken.
(4)
b.
E.19.
Contract Termination In the event of a Breach, the State may terminate the
Contract immediately or in stages. The Contractor shall be notified of the
termination in writing by the State. Said notice shall hereinafter be referred to as
Termination Notice. The Termination Notice may specify either that the
termination is to be effective immediately, on a date certain in the future, or that
the Contractor shall cease operations under this Contract in stages. In the event
of a termination, the State may withhold any amounts which may be due
Contractor without waiver of any other remedy or damages available to the State
at law or at equity. The Contractor shall be liable to the State for any and all
damages incurred by the State and any and all expenses incurred by the State
which exceed the amount the State would have paid Contractor under this
Contract. Contractor agrees to cooperate with the State in the event of a
Contract Termination or Partial Takeover.
State Breach In the event of a Breach of Contract by the State, the Contractor shall
notify the State in writing within 30 days of any Breach of Contract by the State. Said
notice shall contain a description of the Breach. Failure by the Contractor to provide said
written notice shall operate as an absolute waiver by the Contractor of the States
Breach. In no event shall any Breach on the part of the State excuse the Contractor
from full performance under this Contract. In the event of Breach by the State, the
Contractor may avail itself of any remedy at law in the forum with appropriate jurisdiction;
provided, however, failure by the Contractor to give the State written notice and
opportunity to cure as described herein operates as a waiver of the States Breach.
Failure by the Contractor to file a claim before the appropriate forum in Tennessee with
jurisdiction to hear such claim within one (1) year of the written notice of Breach shall
operate as a waiver of said claim in its entirety. It is agreed by the parties this provision
establishes a contractual period of limitations for any claim brought by the Contractor.
Partial Takeover. The State may, at its convenience and without cause, exercise a partial
takeover of any service which the Contractor is obligated to perform under this Contract, including
but not limited to any service which is the subject of a subcontract between Contractor and a third
party, although the Contractor is not in breach (hereinafter referred to as Partial Takeover).
Said Partial Takeover shall not be deemed a Breach of Contract by the State. Contractor shall be
given at least 30 days prior written notice of said Partial Takeover with said notice to specify the
area(s) of service the State will assume and the date of said assumption. Any Partial Takeover
by the State shall not alter in any way Contractors other obligations under this Contract. The
State may withhold from amounts due the Contractor the amount the Contractor would have been
paid to deliver the service as determined by the State. The amounts shall be withheld effective
as of the date the State assumes the service. Upon Partial Takeover, the Contractor shall have
RFP # 31701-03107
94
no right to recover from the State any actual, general, special, incidental, consequential, or any
other damages whatsoever of any description or amount.
E.20.
Disclosure of Personal Identity Information. The Contractor shall report to the State any
instances of unauthorized disclosure of confidential information that come to the attention of the
Contractor. Any such report shall be made by the Contractor within twenty-four (24) hours after
the instance has come to the attention of the Contractor. The Contractor, at the sole discretion of
the State, shall provide no cost credit monitoring services for individuals that are deemed to be
part of a potential disclosure. The Contractor shall bear the cost of notification to individuals
having personal identity information involved in a potential disclosure event, including individual
letters and/or public notice.
The Contractor shall immediately notify the State in writing of a proposed merger,
acquisition or sale of its business operation, or the part of its business operation that
provides services under this Contract, or that this Contract will be sold to or assumed by
another entity. The entity that is proposed to assume the Contractors duties under this
Contract, whether through merger, acquisition, sale or other transaction, will be
hereinafter described as the New Entity.
b.
The Contractor (or, if the Contractor no longer exists as a legal entity, the New Entity) will
provide to the State within a reasonable time, information that the State may require
about the merger, acquisition or sale, which may include
i.
the date and terms of the merger, acquisition or sale, including specifically, but
not limited to, adequate documentation of the financial solvency and adequate
capitalization of the proposed New Entity
ii.
iii.
Debt;
Assets;
Liabilities;
Cash flow
Percentage of the total revenues of the company that are represented by
this Contract;
The most recent annual financial reports;
The most recent annual financial reports filed with government agencies,
if applicable.
(2)
RFP # 31701-03107
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entity or parent company with which it has merged or by which it, or the
Contract, has been acquired.
iv.
c.
The original Contractor shall immediately notify the State in writing in the event of a
change in its legal name and/or Federal Employer Identification Number (FEIN). The
Contractor shall comply with State requests for copies of any documents that have been
filed with state corporate records officials or other officials in the state of its incorporation
that verify the name change and a narrative description of the reasons for the name
change. If a New Entity has succeeded to the interest of the original Contractor, it shall
immediately provide the State written notification of its Federal Employer Identification
Number (FEIN), its complete corporate name, State of incorporation, and other
documentation required to effectuate the transfer.
d.
Notwithstanding any other provisions of this Contract to the contrary, the State may
immediately terminate this Contract in whole or in stages in the event that it determines
that the New Entity
i.
has been debarred from State or Federal contracting in the past five years
ii.
has had a contract terminated for cause by the State of Tennessee within the
past five years.
The Contractor shall be entitled to compensation for satisfactory, authorized
service completed as of the termination date, but in no event shall the State be
liable to the Contractor or New Entity for compensation for any service which has
not been rendered. Upon such termination, the Contractor or New Entity shall
have no right to any actual general, special, incidental, consequential, or any
other damages whatsoever of any description or amount.
e.
The New Entity shall provide to the State within ten (10) business days of the States
request, a notarized statement signed by an individual authorized to bind the New Entity
certifying that all liabilities and obligations incurred by the former Contractor are assumed
by the New Entity.
f.
If the New Entity owes money to the State of Tennessee, it acknowledges that
Tennessee Code Annotated Section 9-4-604 requires repayment of these funds and will
enter into a legally binding agreement for repayment.
IN WITNESS WHEREOF,
CONTRACTOR LEGAL ENTITY NAME:
CONTRACTOR SIGNATURE
DATE
RFP # 31701-03107
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DATE
RFP # 31701-03107
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ATTACHMENT A
The Contractor, identified above, does hereby attest, certify, warrant, and assure
that the Contractor shall not knowingly utilize the services of an illegal immigrant
in the performance of this Contract and shall not knowingly utilize the services of
any subcontractor who will utilize the services of an illegal immigrant in the
performance of this Contract.
CONTRACTOR SIGNATURE
NOTICE: This attestation MUST be signed by an individual empowered to contractually bind the Contractor. If said individual is not
the chief executive or president, this document shall attach evidence showing the individuals authority to contractually bind the
Contractor.
DATE OF ATTESTATION
RFP # 31701-03107
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ATTACHMENT B
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cont.
Ref.
A.4
A.5
A.5.a
A.5.b
A.7.a
A.7.b
A.8.b
[Link]
A.9.
A.10.a
A.10.b
A.10.c
A.10.d
A.10.e
A.10.f
A.10.g
A.10.h
A.10.i
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
RFP # 31701-03107
99
Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.10.j
A.10.k
A.11
A.11.a
A.11.b
A.11.c
A.11.d
A.11.e
A.11.f
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
A.11.g
A.11.h
A.11.i
A.11.j
A.11.k
A.11.l
A.12.a.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
RFP # 31701-03107
101
Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
[Link]
[Link]
A.12.b.i
[Link]
[Link]
[Link]
A.12.b.v
A.12.c.i
[Link]
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.12.d.i
[Link]
A.12.e.i
[Link]
A.12.f.i
[Link]
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.12.g.i.
[Link].
A.12.h.i.
[Link].
A.12.i.i
[Link]
A.12.j.i
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.12.k.i.
[Link].
A.12.l.i
[Link]
A.12.m.i
[Link]
A.12.n.i
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
[Link]
[Link]
A.12.o.i
[Link]
A.12.p.i
[Link]
A.12.q
A.12.r
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.12.s.i
[Link]
A.13.a.
A.13.b
A.13.c
A.14.a
A.14.b
A.14.c
A.15.
A.16.
RFP # 31701-03107
107
Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
markup.
A.17.a
A.17.b
A.18
A.19
A.20.a
A.20.b
A.20.c
X
X
X
RFP # 31701-03107
108
Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.20.d
A.20.e
A.20.f
A.20.g
A.20.h
A.20.i
A.20.j
A.20.k
A.20.l
A.20.m
A.20.n
A.20.n.i
A.20.o
A.21.a
A.21.b
A.22.a
A.23.b
A.23.c
X
X
X
X
X
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
A.23.e
i.
All permanently assigned personnel
must submit to a background check and
random periodic drug testing. The Contractor
shall perform and pay for background checks
and administer drug screening no less
frequently than once per Contract year and
no more than three times per Contract year.
Results must be submitted to the State. The
State, in its discretion, may refuse contractor
personnel if the results of the background
check reveal a criminal conviction that
renders such persons unsuitable for the
contract work assignment
ii.
Personnel assigned to projects
requiring elevated and privileged access to
criminal justice information systems (CJIS), or
information accessed via CJIS, must submit
to fingerprint based background checks
administered through the Tennessee Bureau
of Investigation (TBI).The State, in its
discretion, may refuse contractor personnel
who are not approved by TBI for access to
CJIS. The Contractor will reimburse the
State for the costs of testing through TBI.
Completion of the TBI background check will
constitute compliance with the background
check requirement of paragraph e.i.
A.24
A.25.b
A.25.c
A.29
A.30
A.30.l
X*
X
RFP # 31701-03107
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Cont.
Ref.
Routine
Maint.
C.3.b.i
Stand.
T&M
[Link]
Cost Capped
Materials
[Link]
Separate
Lawn Care/
Security
Rates
[Link] & v
X*
Lawn Care and Security Services have separate fixed monthly rates, which are detailed in
Contract Sections [Link] and C.3.b.v. The Contractor will provide the baseline services
described in Contract Sections A.30 and A.31 for the fixed monthly costs given in these sections.
In the event that the State requires additional services or makes changes to the services
required, as described in Contract Sections A.30 and A.31, appropriate compensation for labor
shall be made using the Reimbursable Hourly Rates detailed in Contract Section [Link].
Note that training/orientation of personnel shall be an ongoing requirement. Regardless of
whether such training is specifically detailed in the Contract, this training is considered prerequisite for being able to provide the services, and all costs associated with such
training/orientation shall be borne by the Contractor and shall not be considered additional
services or changes to the services as described in the preceding paragraph.
RFP # 31701-03107
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ATTACHMENT C
Contract
Section
Key Performance
Indicator
Goal / Performance
Criteria
Measure
Frequency
Liquidated and
Additional
Damages
Aggregated
Performance Area
See Note
below
$ 1,000.00 per
hour of
unscheduled,
unauthorized
downtime
(downtime
means the
absence of power
and / or cooling
for all areas of the
States Data
Centers)
Aggregated
Performance Area
See Note
below
$ 250.00 for every
20 minutes over
the 20 minute
requirement
1. Preventative
Maintenance
A.11
Preventative
Maintenance
Accumulated
backlog of
maintenance task
24 hour turnaround
Number of work
orders late
Annual with
monthly update
reports
2. Preventative
Maintenance
A.2 Summary
of Services
Unplanned Outages
Zero disruptive
incidents
Total disruptive
incidents
Annual with
monthly update
reports
Total missed
activities /
schedules
Annual with
monthly update
reports
Total missed
call backs
Annual with
monthly update
reports
Annual with
monthly update
reports
3. Preventative
Maintenance
A.11.b
Preventative
Maintenance
4. Operations
A.9 Alert
Monitoring
Maintenance
activities not
performed on
schedule
Emergency response
time in excess of 20
minutes for call back;
and . . .
Contractor must
provide a call back
response within 20
minutes
100% of all calls
responded to in time;
and . . .
Contractor must be onsite and working the
problem within 2 hours
$ 1,000.00 for
every hour over
the 2 hour
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112
Performance
Area
Contract
Section
Key Performance
Indicator
Goal / Performance
Criteria
(7x24x365).
5. Operations
A.11.g
6. Operations
A.11.g
Maintenance and
break/fix tasks
require staff that are
not on-site
97% of maintenance
and break/fix task
completed by on-site
staff
7. Operations
A.11
Lack of maintenance
procedure
documentation
99% of maintenance
procedures
Failure to provide
quality fuel in a timely
manner
8. Operations
[Link]
Diesel Levels
and Quality
Measure
Frequency
Liquidated and
Additional
Damages
requirement
Total hours
without at least
1 electrician, 1
manager, and 1
HVAC Specialist
Number of
maintenance
and break/fix
tasks not
completed by
on-site staff
Number of
maintenance
procedures not
documented
N/A
Annual with
monthly update
reports
Aggregated
Performance Area
See Note
below
Annual with
monthly update
reports
Aggregated
Performance Area
See Note
below
Annual with
monthly update
reports
Aggregated
Performance Area
See Note
below
$ 5,000.00 per
failure to comply
N/A
NOTE: The Contractors performance with regard to Performance Areas that are designated as Aggregated Performance Areas is
measured as follows:
Each time the Contractor fails to comply with the standard detailed in the Goal / Performance Criteria column above, this occurrence
shall count as one (1) non-compliance event. At the end of each month the State will check the relevant reports and calculate the total
number of non-compliance events for all Aggregated Performance Areas, for the month in question. This number will be divided by the
total number of all Aggregated Performance Area events for that month. This will yield the Aggregated Performance Percentage. For
any month in which the vendor fails to achieve a performance percentage of at least ninety percent (90%), the liquidated damages shall
be $1,000.
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ATTACHMENT D
CONTRACT BOND
TENNESSEE STATE BUILDING COMMISSION STANDARD FORM
BOND NO.
hereinafter called the Surety) do hereby acknowledge ourselves indebted and securely bound and held unto
good and lawful money of the United States of America, for the use and benefit of those entitled thereto, for the
payment of which, well and truly to be made, we bind ourselves, our heirs, our administrators, executors, successors,
and assigns, jointly and severally, firmly by these presents.
But the condition of the foregoing obligation or bond is this:
Whereas, the Owner has engaged the principal for the sum of
a copy of which said agreement or contract is by reference hereby made a part hereof, as fully and to the same
extent as if copied at length herein, and it is the desire of the Owner that the Principal shall assure all undertakings
under said agreement or contract and shall assure and protect all laborers and furnishers of material on said Work
both as provided by Tennessee Code Annotated Sections 4-15-102 (f)(2) and 12-4-201 through 12-4-206, and any
and all amendments thereto, and shall assure the prompt payment of claims as provided by Tennessee Code
Annotated Sections 12-4-207 through 12-4-208, and any and all amendments thereto. The Principal shall also
comply with provisions of Tennessee Code Annotated Sections 12-4-401 through 12-4-415, and any and all
amendments thereto, pertaining to the payment of the prevailing wage rate.
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114
Now, therefore, if the Principal shall fully and faithfully perform all undertakings and obligations under the contract
herein before referred to and shall fully indemnify and hold harmless the Owner from all costs and damage
whatsoever which it may suffer by reason of any failure on the part of the Principal to do so, and shall fully reimburse
and repay the Owner any and all outlay and expense which it may incur in making good any such default, and shall
fully pay for all of the labor, material and work used by the Principal and any immediate or remote sub-contractor or
furnisher of material under him in the performance of said contract, in lawful money of the United States, as the same
shall become due, then this obligation or bond shall be null and void, otherwise to remain in full force and effect.
And for value received, it is hereby stipulated and agreed that no change, extension of time, alteration or addition to
the terms of the contract or to the Work to be performed thereunder or to the specifications accompanying the same
shall in any wise affect the obligation under this bond, and notice is hereby waived of any such change, extension of
time, alteration or addition to the terms of the contract or to the Work or to the specifications.
In witness whereof the Principal has hereunto affixed its signature and Surety has hereunto caused to be affixed its
corporate signature and seal, by its duly authorized officers, on this ______ day of ______________, 20____.
Executed in __________ counterparts.
Witness:
(name of Principal)
(authorized signature)
(name of signatory)
(title of signatory)
(name of Surety)
(signature of Attorney-in-fact)
(name of Attorney-in-fact)
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ATTACHMENT E
Job Description
Facility Manager
Architect
RFP # 31701-03107
116
Job Title
Job Description
Must have experience with multi-million dollar commercial projects.
Must have Architectural degree.
Mechanical Engineer
Design a wide variety of HVAC systems and MEP layouts for new
construction, additions, replacements, and upgrades for Critical
facilities. Meet with clients, engineers, and architects to gather
requirements. Perform load, static pressure, head loss calculations,
and develop equipment specifications.
Recommend equipment to be used. Perform detailed layout and
design using AutoCAD. Other responsibilities may include feasibility
reports, capacity reports, construction estimates, gap analysis, field
investigation, and ongoing support.
Five years experience and technical certifications on HVAC / CRAC
systems and plumbing, boilers, chillers. Equivalent education /
experience.
Must possess a degree in engineering and have 2 years experience
with complex cooling plant systems and mission critical facilities.
Electrical Engineer
Licensed Electrician
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117
Job Title
Job Description
gather requirements. Perform load, static pressure, head loss
calculations, and perform routine maintenance.
Recommend equipment to be used. Other responsibilities may
include feasibility reports, capacity reports, construction estimates,
gap analysis, field investigation, and ongoing support. Meet all the
HVAC requirements for the equipment located in the data center.
Five years experience and technical certifications on HVAC / CRAC
systems and plumbing, boilers, chillers. Equivalent education /
experience.
Must possess have 4 years experience supporting complex cooling
plant systems and mission critical facilities.
Plumber
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Job Title
Job Description
pipe-threading machines, and pipe-bending machines. Install pipe
assemblies, fittings, valves, appliances such as water heaters,
fixtures, such as sinks and toilets, using hand and power tools.
Hang steel supports from ceiling joists to hold pipes in place. Repair
and maintain plumbing, replacing defective washers, replacing or
mending broken pipes, and opening clogged drains and toilets.
Direct workers engaged in pipe cutting and preassembly and
installation of plumbing systems and components.
Five years experience in the field working with cooling plant
systems, piping, plumbing, boilers, and chillers.
Five years experience with complex cooling plant systems and
experience with mission critical facilities.
Project Manager
Unskilled Labor
Custodian
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119
Job Title
Job Description
experience.
Security Officer
Security Supervisor
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120
ATTACHMENT F
Daily Services
Vacuum all carpets in offices, lobbies and corridors.
Sweep and mop all lobby tile work.
Dust mop all resilient and composition floors with dust mop. Damp-mop to remove spills and
water stains treated as required
Dust all cleared desks, office furniture and other horizontal surfaces with treated dust cloths.
Empty all ashtrays and urns, clean and sanitize as needed, including exterior ash urns.
Empty all wastebaskets, trash containers, and recycled paper containers. Replace liners as needed,
including exterior trash containers.
Remove all trash and recycled paper containers from floors to the designated trash areas. Boxes
marked trash are to be thrown away.
Remove fingerprints, dirt smudges, graffiti, etc. from all doors, frames, glass partitions, windows,
light switches, elevator door jambs, and elevator interiors.
Return chairs and wastebaskets to their proper positions.
Sanitize doorknobs, water fountains, and countertops.
Sweep, mop, and clean marks from walls on Monday, Wednesday, and Sunday.
Clean, sanitize, and polish drinking fountains.
Dust and remove debris from all metal door thresholds.
Wipe clean smudged brightwork and glass cases.
Clean resilient and composition floors as required.
Clean carpeting as required.
In computer rooms, anti-static spray to be applied to carpeting upon request.
Replace low-reach burnt-out lighting as needed.
Keep all custodial closets in neat and clean order.
Restrooms:
Restock all restrooms with supplies from stock, including paper towels, toilet tissue, seat covers,
and hand soap as necessary.
Restock all sanitary napkin and tampon dispensers from stock as needed.
Wash and polish all mirrors, dispensers, faucets, flushometers, and brightwork with non-abrasive
disinfectant cleaners.
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Wash and sanitize all toilets, toilet seats, urinals and sinks.
Remove stains, descale toilets, urinals, and sinks, as needed.
Mop all restroom floors with disinfectant germicidal solution.
Empty and sanitize all waste and sanitary napkin and tampon receptacles.
Remove restroom trash.
Clean fingerprints, marks and graffiti from walls, partitions, glass, aluminum, and light switches.
Trash and Service Areas:
Place all miscellaneous trash and debris in the building trash receptacles, compactors, or balers.
Neatly stack all trash in designated area.
Sweep entire area.
Maintain, in orderly manner, all janitorial supplies and paper products in the storage rooms and
service sink closets.
Maintain an inventory control sheet of supplies.
Maintain an orderly arrangement of all equipment.
Weekly Services
Dust all low reach areas, including chair rugs, structural and furniture ledges, baseboards, window
sills, door louvers and other ventilation louvers, wood paneling, molding, etc.
Dust inside all door jams.
Wipe clean and polish all metal and bright work.
Edge vacuum all carpeted areas.
Check all waxed floors, restore and high speed buff as needed.
Dust and/or wash all directory boards and display glass.
Dust in place all picture frames, charts, graphs, and similar wall hangings.
Clean all wall marks.
Restrooms:
Clean shower walls, floors and drains and sanitize.
In all restrooms, keep floor drains filled with water and/or deodorizer.
Trash and Service Areas:
Damp-mop all composition floors in storerooms.
Clean and disinfect service sinks.
Sweep store room floors.
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Monthly Services
Dust all high reach areas, including tops of door frames, structural and furniture edges, air
conditioning diffusers, louvers, tops of partitions, picture frames, blinds, and other areas not
reached in nightly or weekly services.
Clean all vertical and horizontal blinds.
Vacuum and spot clean upholstered furniture in offices upon request, lobby furniture as needed.
Restrooms:
Wipe down all walls and metal partitions.
Clean all ventilation louvers, vents and light fixtures.
Semi-Annual Services
Strip and wax all resilient composition floors and tile.
Shampoo carpeted areas.
Wash and clean all interior glass surfaces (glass partitions and interior windows).
RFP # 31701-03107
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ATTACHMENT G
GLOSS ARY
Term / Acronym
7x24x365
BMC Software
BMS
CCSC
CMMS
CRAC
CRAH
Electronic Means
EPA
EPO
F&A
GPM
HEPA
HVAC
IEEE
ISO
IT
KPI
MEP
MSDS
MTBF
MTBR
NEC
NFPA
State Business Hours
OIR
PDU
RFP
RPA
RPP
SBC
SCADA
SOP
T&M
TSSC
UPS
VAV
VFD
Description / Meaning
Seven (7) days a week, Twenty-four (24) hours a day, Three
Hundred Sixty-Five (365) days a year
Software Development Company
Building Management System
Capital Complex Service Center
Computerized Maintenance Management System
Computer Room Air Conditioner
Computer Room Air Handler
Electronic submission such as, but not limited to, email, text, or
facsimile
Environmental Protection Agency
Emergency Power Off
Finance and Administration
Gallons Per Minute
High Efficiency Particulate Air Filter
Heating, ventilating and air conditioning
Institute of Electrical and Electronics Engineers
International Organization for Standardization
Information Technology
Key Performance Indicators
Mechanical, Electrical and Plumbing
Material Safety Data Sheets
Mean Time Between Failure
Mean Time Between Repair
National Electrical Code
National Fire Protection Association
Monday through Friday, 8:00 a.m. 4:30 p.m. CT, excluding State
Holidays
Office for Information Resources
Power Distribution Unit
Request for Proposals
Real Property Administration
Remote Power Panel
State Building Commission
Supervisory Control and Data Acquisition System
Standard Operating Procedure
Time and Materials
Tennessee South Service Center
Uninterruptable Power Supply
Variable Air Volume
Variable Frequency Drive
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ATTACHMENT H
Asset
Description
Model #
AC01
Air Compressor
QCO3008D00409
AHU01
AHU02
AHU03
AHU04
AHU05
AHU06
AIR HANDLER
AIR HANDLER
AIR HANDLER
AIR HANDLER
AIR HANDLER
AIR HANDLER
Automatic Transfer
Switch
39ED36
39ED29
39ED19
39BA050A10
39ED39
LSL103CA
Type 962
1200amp
ATS02
Automatic Transfer
Switch
Type 962
1200amp
ATS03
Automatic Transfer
Switch
Z10J3S1AC70
1626131-1
GE
ATS04
Automatic Transfer
Switch
Z10J3S1AC70
1626131-2
GE
ATS 05
Automatic Transfer
Switch
Z10F3S1AC70
1626130-1
GE
ATS 06
Automatic Transfer
Switch
Z10K3S1AC70
1626132-1
GE
ATS07
Automatic Transfer
Switch
Z10K3S1AC70
1626132-2
GE
BDC01
Battery Disconnect
System
2500 AMP
3350339-001
SQUARE D
BDC02
Battery Disconnect
System
2500 AMP
3350339-002
SQUARE D
16hx925ffr
192 cells
ENERSYS
225
225
8720569
8720569
RITE BOILER
RITE BOILER
ATS01
BLR01
BLR02
CH-1
Centrifugal Chiller
YKEEEQQ5-CKG
CH-2
Centrifugal Chiller
YKEEEQQ5-CKG
CH-3
Scroll Chiller
YCWL0056
BDC03
Serial #
Manufacturer
200506220046
0687T47575
0687T47578
0687T47579
871133595
3087T02168
36C00768-06
CARRIER
CARRIER
CARRIER
CARRIER
CARRIER
MCQUAY
958034
ASCO
QUINCY
ASCO
SAYM174020
SAYM173860
2LXM013902
York
York
York
RFP # 31701-03107
125
Asset
Description
CWP-1
CWP-2
CWP-3
CWP-4
CRAC01
COMPUTER ROOM
A/C UNIT
CRAC02
Model #
Serial #
Manufacturer
697187
ARMSTRONG
697182
ARMSTRONG
696845
ARMSTRONG
697184
ARMSTRONG
FH376C-A00
119396C
LIEBERT
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396C
LIEBERT
CRAC03
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396O
LIEBERT
CRAC04
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396O
LIEBERT
CRAC05
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396J
LIEBERT
CRAC06
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396D
LIEBERT
CRAC07
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396I
LIEBERT
CRAC08
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396H
LIEBERT
CRAC09
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396F
LIEBERT
CRAC10
COMPUTER ROOM
A/C UNIT
PH376C-A00
119396F
LIEBERT
CRAC11
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396M
LIEBERT
CRAC12
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396P
LIEBERT
CRAC13
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396S
LIEBERT
CRAC14
COMPUTER ROOM
A/C UNIT
FH422C-A00
119396R
LIEBERT
CRAC15
COMPUTER ROOM
A/C UNIT
FH422C-A00
119396O
LIEBERT
CRAC16
COMPUTER ROOM
A/C UNIT
FH376C-A00
1193966
LIEBERT
CRAC17
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396K
LIEBERT
4030-8x6x15-30
hp
4030-8x6x15-30
hp
4030-5x4x10-15
hp
4030-8x6x15-30
hp
RFP # 31701-03107
126
Asset
Description
Model #
Serial #
Manufacturer
CRAC18
COMPUTER ROOM
A/C UNIT
FH376C-A00
119396E
LIEBERT
CRAC19
COMPUTER ROOM
A/C UNIT
FH422C-A00
763601-001
LIEBERT
CRAC20
COMPUTER ROOM
A/C UNIT
CF91C-A00
119396V
LIEBERT
CRAC21
COMPUTER ROOM
A/C UNIT
CF91C-A00
119396T
LIEBERT
CRAC22
COMPUTER ROOM
A/C UNIT
FH422C-A00
117421-002
LIEBERT
CRAC23
COMPUTER ROOM
A/C UNIT
FH422C-A00
197421-001
LIEBERT
CT-3
DT1
SCDT100ULD
EF02
Exhaust Fan
8-098-a
EF04
Exhaust Fan
8-098-a
EF05
EF06
EF07
EF07-A
EF08
EF09
Exhaust Fan
Exhaust Fan
Exhaust Fan
Exhaust Fan
Exhaust Fan
Exhaust Fan
VEDB-10
VEDB-10
402ALE
195ace-19505b
LFBA-42
VEDC-15
EF12
Exhaust Fan
8-098-a
EF13
Exhaust Fan
8-097-a
EF14
EFLT04
FP
Exhaust Fan
Electric Filter
Simplex Fire Panel
Underground Fuel
Storage - 4,000 Gal
CT-1
CT-2
FST
GCS01
Generator Control
Switch
GCS02
Generator Control
Switch
PT2-1212A-3N2
Baltimore Aircool
PT2-1212A-3N2
Baltimore Aircool
PT2-0709A-3J1
Baltimore Aircool
F57A1002
Spare
64679-2
133068701306
133068711306
45858610
045se59635
133068671306
133085601306
E&CA
Greenheck
Greenheck
CARNES
CARNES
COOK
Cook
CARNES
CARNES
Greenheck
Greenheck
8846N064
CARNES
HONEYWELL
958033
ASCO
958034
ASCO
RFP # 31701-03107
127
Asset
Description
Model #
GEN 01
Gen 02
HWP01
HWP02
PA
Generator
Generator
Heating water pump
Heating water pump
Preaction System
3516
?
3.2.8 4280 BF
3.2.8 4280 BF
CHP-1
Inline Pump
CHP-2
Inline Pump
CHP-3
Inline Pump
CHP-4
Inline Pump
PDU-A
Power Distribution
Unit
PPA1150C
M11D090106
LIEBERTEMERSON
PDU-B
Power Distribution
Unit
4051-009-BRY
42398
LIEBERTEMERSON
PDU-C
Power Distribution
Unit
4051-011-BRY
42395
LIEBERTEMERSON
PDU-D
Power Distribution
Unit
PPA1150C
M11D090089
LIEBERTEMERSON
PDU-E
Power Distribution
Unit
4051-009-BRY
42397
LIEBERTEMERSON
PDU-F
Power Distribution
Unit
4051-009-BRY
42399
LIEBERTEMERSON
PDU-G
Power Distribution
Unit
4051-009-BRY
42400
LIEBERTEMERSON
PDU-H
Power Distribution
Unit
4051-009-BRY
42402
LIEBERTEMERSON
PDU-J
Power Distribution
Unit
4051-009-BRY
PDU-L
Power Distribution
Unit
4036-009-BRY
45721-2
LIEBERTEMERSON
PDU-M
Power Distribution
Unit
4051-009-BRY
45721-3
LIEBERTEMERSON
PDU-N
Power Distribution
Unit
PPA150C
334069-1
LIEBERTEMERSON
PDU-O
Power Distribution
Unit
PPA100C
334069-2
LIEBERTEMERSON
PDU-P
Power Distribution
Unit
PPA150C
547419-001
LIEBERTEMERSON
PDU-R
Power Distribution
Unit
PPA150C
720702-001
LIEBERTEMERSON
4380-6x6x13-40
hp
4380-6x6x13-40
hp
4380-4x4x10-15
hp
4380-4x4x10-15
hp
Serial #
Manufacturer
?
133912
3.2.8 4280 BF
CATERPILLER
?
ARMSTRONG
ARMSTRONG
696781
Armstrong
696782
Armstrong
696783
Armstrong
Armstrong
LIEBERTEMERSON
RFP # 31701-03107
128
Asset
Description
Model #
Serial #
Manufacturer
PDU-S
Power Distribution
Unit
PPA150C
MO8A090186
LIEBERTEMERSON
PPA150C
MO8A090197
LIEBERTEMERSON
39EH23
39EH23
RL217497-700
HS165S01
HS165S01
HS165S01
HS165S01
HS165S01
HS165S01
HS24801
HS24801
9315-750-675
9315-750-675
9315-750-675
0687T47586
0687T47684
EA1739XX45
15081186
CARRIER
CARRIER
POWERWARE
MODINE
MODINE
MODINE
MODINE
MODINE
MODINE
MODINE
MODINE
MODINE
POWERWARE
POWERWARE
PDU-T
RF01
RF02
SBPM
UH01-2
UH01-3
UH01-4
UH02
UH03
UH04
UH05
UH06
UPS01
UPS02
VR
VFD-AHU-1
VFD-AHU-2
VFD- RAF-1
VFD- RAF-2
VFD-CHP-1
VFD-CHP-2
VFD-CHP-3
VFD-CHP-4
VFD-CWP-1
VFD-CWP-2
VFD-CWP-3
VFD-CWP-4
SP-1
SP-2
HX-1
FPU-1-1
Power Distribution
Unit
Return Fan
Return Fan
System Bypass Module
Utility Heater C106
Utility Heater
Utility Heater
Utility Heater
Utility Heater
Utility Heater
Utility Heater
Utility Heater
UPS
UPS
Veeder-Root
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Variable Frequency
Drive
Sump Pump
15081186
15081186
18081186
18081186
EA144ZXX01
EA144ZXX05
FC-102P11KT4
Danfoss
FC-102P11KT4
Danfoss
FC-102P5K5T4
Danfoss
FC-102P5K5T4
Danfoss
FC-102P22KT4
Danfoss
FC-102P22KT4
Danfoss
FC-102P11KT4
Danfoss
FC-102P22KT4
Danfoss
FC-102P22KT4
Danfoss
FC-102P22KT4
Danfoss
FC-102P11KT4
Danfoss
FC-102P22KT4
Danfoss
SC0511AV
Sump Pump
2EC0311L
Heat Exchanger
P62
Parallel Flow
TVS-1011
Johnson Controls
RFP # 31701-03107
129
Asset
Description
Model #
Serial #
Manufacturer
FPU-1-2
FPU-1-3
FPU-1-4
FPU-1-5
FPU-1-6
FPU-1-7
FPU-1-8
FPU-2-1
FPU-2-2
FPU-2-3
FPU-2-4
FPU-2-5
FPU-2-6
FPU-2-7
VAV-1-1
VAV-1-2
VAV-1-3
VAV-1-4
VAV-1-5
VAV-1-6
VAV-1-7
VAV-1-8
VAV-1-9
VAV-1-11
VAV-1-12
VAV-1-13
VAV-1-14
VAV-2-1
VAV-2-2
VAV-2-3
VAV-2-4
VAV-2-5
VAV-2-6
VAV-2-7
VAV-2-8
VAV-2-9
VAV-2-10
VAV-2-11
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TVS-1221
Johnson Controls
Parallel Flow
TVS-1221
Johnson Controls
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TVS-1221
Johnson Controls
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TVS-806
Johnson Controls
Parallel Flow
TVS-1221
Johnson Controls
Parallel Flow
TVS-1221
Johnson Controls
Parallel Flow
TVS-1624
Johnson Controls
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TVS-1011
Johnson Controls
Parallel Flow
TSS-8
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-16
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-8
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-16
Johnson Controls
Parallel Flow
TSS-10
Johnson Controls
Parallel Flow
TSS-16
Johnson Controls
Parallel Flow
TSS-12
Johnson Controls
Parallel Flow
TSS-8
Johnson Controls
RFP # 31701-03107
130
Equipment
Description
VFDs
Fuel Oil System
Package Chilled
water Pumps
Quantities
as of July 2,
2014
ABB, Inc. / Model # ACH 550 - VCR-015A-4 & ACH 550 VCR-012A-4
F.O. SYSTEM supplied by ISP Automation, Inc.
1. F.O. STORAGE TANK - HIGHLAND TANK Co./ Fireguard
(16,000 gallon capacity)
2
1 Unit
Duplex
Pump Set
Dry Coolers
Chillers
CRAH Units
12
AC Units
Humidifiers
Utility
Transformers UTA1 and UT-B1
Main Switchboard
MDS-A1 and MDSB1
Russelectric
GENERATOR
SWITCHGEAR GCS
Russelectric
Generators 1 & 2
RFP # 31701-03107
131
Equipment
Description
Load Bank
Transformers
Panelboards
Enclosed Switches
and Circuit
Breakers
Enclosed Bus
Assemblies
Manual Starters
with terminal
overload
Uninterruptible
Power Supply
External Bypass
Switchboard
Batteries
Power Distribution
Units
Remote Power
Panels
Static Transfer
Switch
Batteries
Monitoring
SCADA System
Quantities
as of July 2,
2014
21
Multi
1
Multi
2
2
4 strings of
120 each 480 total
4
18
Russelectric
RFP # 31701-03107
132
ATTACHMENT I
RFP # 31701-03107
133
ATTACHMENT J
RFP # 31701-03107
134
Respondent
Identification:
Respondent
(Name as Licensed See T.C.A. 62-6-114 and Rule 0680-1-.25)
Address
License ID Number
License Classification(s) applicable to Project
$(
)
Dollar Limit
Subcontractors to be used on this Project: (or Respondent, if Respondent is to perform the work)
If any work, regardless of dollar value, is required for subcontractor category, list subcontractor that will
perform that work. Or, if Respondent will perform work in a category with Respondents own forces, fill in
Respondents name as subcontractor.
If no work is required in a subcontractor category, write N/R (None Required) or N/A (Not Applicable).
If the monetary amount of a subcontractors work is such that no license is required, N/A may be written in
the license number column, but still write name.
Plumbing
Name
License Number
Expiration Date
Classification
License Number
Expiration Date
Classification
License Number
Expiration Date
Classification
License Number
Expiration Date
Classification
Note: This space must be filled in or the bid may not be opened.
HVAC
Name
Note: This space must be filled in or the bid may not be opened.
Electrical
Name
Note: This space must be filled in or the bid may not be opened.
Masonry
Name
Note: Applicable only if material and labor exceeds $100,000
RFP # 31701-03107
135