12474019R0004.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

USDA-AMS-33SM

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

USDA AMS C&T

CODE 16. ADMINISTERED BYCODE

X

X

X

238220

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORUSDA-AMS-33SM

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/14/2019

540-361-1126BEVERLY BROWN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12474019R0004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 112OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA AMS C&T

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available HVAC Maintenance Services for Lubbock, TX and Lamesa, TX Period of Performance: 05/01/2019 to 04/30/2024

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

BEVERLY S. BROWN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

April 8, 2019 11:00 am Central

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Notes to Prospective Offerors:

1. This solicitation is for a Blanket Purchase Agreement (BPA).

2. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

PRIOR TO CONTRACT AWARD. Go to 49TUwww.sam.govU49T to register. Registration in SAM is free. If already registered, please make sure that your registration is up to date and that you have completed all FAR representations and certifications.

3. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE WITH THE

ATTACHED BPA AND THE DEPT OF LABOR WAGE DETERMINATIONS APPLICABLE TO EACH WORK

SITE. Wage rates are attached for each location, Lubbock and Lamesa.

4. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO BEVERLY BROWN before the time specified on the solicitation. Send quotes to: 49Tbeverly.s.brown@ams.usda.gov49T .

5. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX-EXEMPT. FEDERAL TAX. I.D. NO. 41- 0696271.

6. This solicitation is 100% small business set-aside.

http://www.sam.gov/ mailto:beverly.s.brown@ams.usda.gov

PRICING SCHEDULE:

Fully Burdened Labor Rates Labor Category Base Year

May 1, 2019 – April 30, 2020

Option Year I May 1, 2020 – April 30, 2021

Option Year II May 1, 2021 – April 30, 2022

Option Year III May 1, 2022 – April 30, 2023

Option Year IV May 1, 2023 – April 30, 2024

Fully Burdened Labor Rates CLIN Base Year

May 1, 2019 – April 30, 2020

Option Year I May 1, 2020 – April 30, 2021

Option Year II May 1, 2021 – April 30, 2022

Option Year III May 1, 2022 – April 30, 2023

Option Year IV May 1, 2023 – April 30, 2024

Monthly Preventive Maintenance Quarterly Inspections and adjustments Quarterly Water Treatment Service

NOTE: Offeror can propose other CLINS that are not listed above. Example: Material costs.

1. DETAILS OF SOLICITATION:

1.1 DESCRIPTION OF AGREEMENT: This is to establish a Blanket Purchase Agreements (BPA). Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), Agricultural Marketing Service (AMS). The BPA is for Contractor services to provide heating, ventilation, and air conditioning (HVAC) maintenance services. Work shall be done in accordance with the specifications when requested by the Contracting Officer or those individuals authorized to make service calls under the BPA.

1.2 TERM OF AGREEMENT: The effective period of this BPA is one year (May 1, 2019 through April 30, 2024).

1.3 EXTENT OF OBLIGATION: The Government is obligated only to the extent authorized service calls are placed against this BPA. There is no minimum guarantee under this BPA.

1.3.1 Review for compliance to new statutes or directives may be completed before the BPA’s expiration date. Any revisions to the BPA, as a result of this review, shall be accomplished by a bi-lateral modification.

1.3.2 This agreement may be unilaterally terminated at any time by either party with thirty days written notice and may be rewritten or revised at the option of the Contracting Officer.

1.3.3 Purchases after the specified period or exceeding the aggregate total dollar limitation shall not be authorized, nor considered an obligation.

1.3.4 Purchases (service calls) made under this BPA will include, by reference, the terms and conditions set out in this BPA.

1.4 PRICING: The prices to the Government for all services under this BPA shall be as low as, or lower, than those charged the supplier’s most favored customer for comparable services under similar terms and conditions.

The Government is obligated only to the extent authorized service calls are placed against this BPA.

There is no minimum guarantee under this BPA.

1.5 PURCHASE LIMITATION: Each Service Call placed by individuals authorized under this BPA shall not exceed $250,000. BPA Ceiling: Combined Service Calls must not exceed $1.5 million. There is no minimum guarantee under this BPA.

1.6 LIMITATIONS OF INDIVIDUALS AUTHORIZED TO PLACE SERVICE CALLS AND DOLLAR AMOUNT: Calls under this agreement are only authorized by the following USDA Personnel and USDA Contracting officer.

All service calls by the following personnel are limited to $25,000 per person, per call:

Authorized USDA Personnel:

Ralph Cummings

Danny Martinez

Steve Grantham

1.6.1 Funding: Funding orders will be issued under this BPA from which service calls may be made. Funding Orders only establish that funding is available and the Government is obligated only to the extent authorized service calls are placed in accordance with this BPA against that funding. Funding not used on service calls will be de-obligated.

Any warranted USDA/APHIS Contracting Officer may issue a funding order within the limitations of their warrant and this BPA.

1.6.2 Service calls under this BPA will be issued based on hourly requirements for a given service location and shall detail the BPA Pricing Schedule item and quantity being ordered.

1.6.3 All service calls made by Authorized USDA Personnel shall be tracked and reported to the Contracting Officers Representative on a regular basis.

1.7 DELIVERY: Upon services rendered under this agreement, the supplier shall provide a delivery ticket or sales slip containing the following minimum information:

(i) Name of contractor/worker.

(ii) BPA number.

(iii) Date(s) of services rendered.

(iv) Purchase number.

(v) Itemized list of services furnished.

(vi) Quantity and unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

1.8 RECEIPT AND ACCEPTANCE OF PURCHASES: Receipt of purchases shall be indicated by signature and date on the appropriate form by the authorized Government representative. This shall be subject to acceptance by the assigned receiver when compared to the documentation of the original call. A sales slip, or delivery ticket (See 1.7), may be used for receipt and acceptance.

1.9 INVOICES:

The USDA, AMS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at 49Thttps://ipp.gov49T . An invoice must include—

(1) Name and address of the Contractor;

(2) Invoice date;

(3) BPA number, contract line item number and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(5) Terms of any prompt payment discount offered;

(6) Name and address of official to whom payment is to be sent; and

(7) Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

1.10 POINT OF CONTACTS (POCs):

a. Payment POC for invoicing:

Lubbock - Janice Randolph – Phone: 806-472-7620 - Email: Janice.Randolph@usda.gov Lamesa -

b. Contracting Officer’s Representative:

Lamesa - Ralph Cummings – Phone: 806-872-8870 - Email: Ralph.Cummings@usda.gov Lubbock – Danny Martinez – Phone: 806-472-7620 – Email: Danny.Martinez@usda.gov

c. Contracting Officer for BPA related issues:

Beverly Brown USDA, AMS, Cotton and Tobacco Program 100 Riverside Parkway Suite 101 Fredericksburg, Virginia 22406 E-mail: 49TBeverlyS.Brown@usda.gov49T Phone: 540-361-1126

1.11 Contracting officer (CO) and Contracting Officer’s Representative (COR):

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes https://ipp.gov/ mailto:BeverlyS.Brown@usda.gov to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, shall be considered grounds for deviation from any stipulation of this contract.

A COR will be appointed to this BPA and a designation letter will be issued. As delegated by the CO, the COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) assisting the CO in interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

STATEMENT OF WORK

HVAC MAINTENANCE CONTRACT

LUBBOCK and LAMESA TEXAS COTTON CLASSING FIELD OFFICE

REQUEST FOR QUOTES (RFQ)

C.1 SCOPE OF WORK:

The USDA, Cotton and Tobacco Program is seeking a Contractor to provide heating, ventilation, and air conditioning (HVAC) maintenance services. The Contractor shall furnish all labor, materials, equipment, parts, permits, insurance, supervision and transportation necessary to maintain all of the HVAC System and provide full maintenance service, including routine/preventive, (minor) repairs, inspections, emergency/major maintenance services, for the HVAC mechanical system, including all of its operating, distributing and controlling components. These systems shall be maintained at optimum efficiency in accordance with manufacturers’ recommendations.

The Agricultural Marketing Service, Cotton and Tobacco Program is requesting for Contractor to provide maintenance and repairs of the heating, ventilation, and air conditioning system for two offices at the following locations:

Cotton and Tobacco Program Cotton Division 4316 Ironton Avenue Lubbock, Texas 79407

Cotton and Tobacco Program Cotton Division 906 North Elgin Lamesa, Texas 79331

C.2 DEFINITIONS:

EMERGENCY REPAIRS

Emergency maintenance is defined as unscheduled work, other than preventive maintenance, that requires immediate action to restore equipment or system operations, to correct mechanical problems that will cause imminent interruption of operations or will cause damage to operating equipment.

C.3 QUALIFICATIONS OF OFFERORS:

Prior to submitting a proposal for the work described by the specifications for this solicitation, the offeror must have at least five (5) complete and consecutive years of experience in providing full service maintenance of an HVAC mechanical system; this system must be similar in size and design to the system located at the cotton classing office in Lubbock and Lamesa, Texas.

The contractor shall be licensed in Texas and comply with licensing regulations of the Department of Labor.

The contractor shall employ only individuals who hold valid license experienced issued by the State HVAC Board to provide, or assist in providing, HVAC services as specified, throughout the term of the contract. Only those listed license holders will be allowed to perform work under this contract.

The Contractor shall have in his regular employ qualified HVAC master mechanics. He must also provide a copy of the names and a copy of the current license, including license number of the designated Master License holder for this contract.

The contractor shall provide one (1) 24 hour emergency telephone number. The agency must have a means of contacting emergency personnel on a twenty-four (24) hour/seven (7) days per week basis to respond to emergencies calls within one (1) hour. When this call is made, a qualified mechanic must respond.

The Contractor shall have adequate supplies in stock of tools, lubricants, filters, electrical parts, mechanical parts, etc., to perform all maintenance and repair with a minimum of downtime.

When work is performed, it must satisfy local, state, and federal building safety code. All work performed by the Contractor’s tradesmen shall meet all the applicable codes and standards, and be performed under the Contractor license. The Contractor shall provide his employees with Workmen’s Compensation Insurance as required by law.

It will be the responsibility of the Contractor’s service personnel to log in and out with designated building personnel each time he or she visits the site for either a routine or emergency service check. An itemized ticket indicating the work accomplished will be left with the designated personnel after each visit.

All workers and staff of the Contractor who will be working within the facility shall be subject to a security background check. The Contractor shall submit a list of all workers and staff of the Contractor who will be working within the facility at least two (2) weeks before work initiation.

Based on the security background check, the facility may prohibit any individual person from working on the project. There is no fee for this security background check.

Only those listed license holders will be allowed to perform work under this contract.

Note: All documents including (certification, licenses and permits) must be submitted to the AMS Procurement Officer with the proposal. Failure to submit all the attached documents with the proposal may result in your proposal being rejected.

C.4 WORKING HOURS:

Regular service work which does not interfere with normal mechanical operations shall be performed during normal working hours (7:00 a.m. to 5:00 p.m.), Monday through Friday.

Work which requires system shutdown and emergency or overtime work shall be coordinated with the designated personnel.

C.5 LOCAL CONDITIONS COVERING WORK:

The contractor personnel will at all times limit activity to the respective work areas so as not to disturb employees. Loud boisterous behavior will not be permitted. The Government reserves the right to ban any undesirable employees or individuals with just cause. Contractor’s employees will adhere to the security measures instituted by the facilitator designated to the facility.

The contractor shall cooperate with those in authority on the premises to prevent the entrance and exit of all unauthorized workmen or others whose presence is prohibited or undesirable in order to observe all rules and regulations in force on the grounds and to prevent the loss of, or damage to the property of the owner (leaser) and its employees. Successful Contractor shall repair any and all damage they may cause to the building or property.

C.6 FEDERAL HOLIDAYS:

Federal holidays which shall be observed:

• New Year’s Day

• Independence Day

• Martin Luther King Day

• Labor Day

• Presidents Day

• Columbus Day

• Veteran’s Day

• Memorial Day

• Thanksgiving Day

• Christmas Day

C.7 EQUIPMENT LIST:

The following is a generic list of equipment in the facilities.

• Chillers

• Boilers

• Cooling Coils

• Reheat Coils

• Fans / Blowers

• Motors

• Pumps

• Intra-vac / Outer-vac Filters

• Drive units

• Controllers

• Valves

Note: The listing of maintenance equipment, tasks and procedures to be performed is not intended to be all inclusive. Rather, it is intended to be representative of the scope of maintenance service to be provided. Omission of the description of specific task or of identification of specific equipment or system components does not relieve the Contractor of the responsibility for maintenance of any part of the HVAC systems and all associated operating, distributing and controlling equipment, devices or components.

C.8 PREVENTIVE MAINTENANCE:

Preventive Maintenance is defined as periodically scheduled work to provide systematic routine services, checking, adjustments, cleaning, and minor repairs, testing and inspecting equipment to reduce or avoid service interruption in strict compliance with the relevant equipment manufacturer’s recommendations. Preventive maintenance will be performed at the hourly rate proposal, and will be in consult with the office head or his designee. Needed replacement parts will be charged based on the Contractor’s proposal.

C.8.1 PREVENTIVE MAINTENANCE SERVICES – Services performed during preventive maintenance shall include, but not be limited to, the following:

• Repair or replace at no charge to the Cotton & Tobacco Program, any part which proves defective. Repaired or replacement parts must be installed by the contractor.

• Replacement of all filters according to measured pressure drops across the filter media.

• Clean and oil or grease all bearings, including motors, fans, valves, pumps, damper bearings, including furnishing oil and grease. Vibration and balance test all rotating machinery.

• Make general inspection of the unit and related system for any unusual sound or condition, leak, etc. then investigate and correct same.

• Cycle the unit through a sequence of operation in order to determine if the operating conditions and sequences are correct; make any necessary adjustments and calibrations to insure proper operation of equipment.

• Adjust all belts for proper tension. Replace any worn or tattered belts with like design.

• Check oil level and refrigerant levels; fill to proper operating levels.

• Check electrical circuits, check all terminals and tighten all lugs as needed, clean or replace contacts as required, assure all VFD’S are free of metal grindings and fans are operational.

• Check control system for proper response and operation. Adjust as required to maintain energy conservation measure as directed by State.

• Examine air conditioning system for leaks in soldered and flange joints; repair as needed

• Clean heating and cooling coils and repair as required;

• Inspect burners for plugged ports; dismantle and clean pilot port, check all flame sensors and hot surface igniters for proper operation.

• Check motors and fan blades for cleanliness and balance, remove dirt or grease and lubricate motors if bearings are not sealed type.

• Heat Exchanger – Clean all tubes with nylon brush and water annually. If necessary, acid clean to insure continuous, safe operation. Hydrostatic test all heat exchanges.

• Provide all service as needed for proper air or water balance to maintain constant balance throughout the system, this article also includes bladder tank.

• Provide all service calls required to keep the equipment operating at maximum obtainable efficiency.

• Test and or calibrate all thermostats and or sensors annually for proper temperature reporting.

• Contractor shall monitor the performance of the water treatment services to insure that safe chemical levels are maintained. All chemicals used shall have been awarded and EPAC Environmental Protection Agency registration number, the Department of Health and Mental Hygiene. Chemical levels are to be maintained to control and inhibit corrosion, pitting scale formation and biological growth on those metal surfaces in continuous contact with water. Water treatment service will be included as part of the quarterly charges proposal by the Contractor and paid by the USDA.

C.9 SCHEDULED INSPECTIONS AND ADJUSTMENTS:

Contractor shall make regularly scheduled inspections and adjustments to equipment in accordance with good trade practices and procedures such as recommended by the equipment manufacturers in their maintenance procedure. Preventive maintenance inspections shall be performed by qualified factory trained mechanics in the regular full-time employ of contractor.

Preventive maintenance is to be performed at the manufacturer’s warranty and other requirements. All maintenance should be done in coordination with the Office Head or Designee.

C.10 EQUIPMENT PERFORMANCE STANDARDS:

Contractor shall maintain at all times the standards of operation, efficiency, safety, capacity, etc., of the equipment as designed and installed. It is the intent that interrupted service depreciation is kept to a minimum through an adequate preventive maintenance program.

C.11 DISPOSAL OF ITEMS: It is the contractor’s responsibility to remove and dispose of all bad parts, used oil, bad batteries, and any and all parts or equipment containing mercury.

C.12 FLOOR PROTECTION: In the event any large equipment or machinery needs to be moved throughout the building, floor protection in all areas is required. Any damages to floors resulting from the lack of floor protection will be the responsibility of the contractor to make repairs or replacement to the satisfaction of the state.

C.13 FIDELITY BOND:

Contractor’s employees must be bonded by a company approved by the State of Texas Insurance Commissioner to issue such bonds in Texas. The bond or bonds shall protect the State against loss by the theft of money or other property from the premises to which the State or others may sustain as a result of any fraudulent or dishonest act of Contractor’s employee, acting alone or in collusion with others, during the term of this contract. Said bond or bonds shall have a limit at $2,500 per occurrence, per employee. Unless the Procurement Officer otherwise agrees, and no later than time of award of contract, contractor must deliver said bond to the State. The Contractor’s must provide the State with a notice of cancellation within fifteen (15) days.

The Procurement Officer shall request insurance and the Contractor must submit any required certificates of insurance of the Procurement Officer for the duration of the contract. The State shall have the absolute right to terminate the contract if any insurance policy is canceled at any time for any reason and a new policy is not obtained by the Contractor and approved by the Procurement officer. Unless the Procurement Officer agrees, the new policy must be effective as the previous policy’s date of cancellation.

C.14 MAJOR REPAIRS:

Under no circumstance shall equipment or system failure that results in loss of essential services exceed three (3) regular work days to correct after such trouble is reported. This includes locating the trouble, obtaining parts, installation of these parts and placing of the equipment back into operation. Every effort shall be made to expedite any and all repairs in accordance with set limits. Inability to obtain parts or special technical or engineering services will not be considered reason to extend this time period. When performing repairs, contractor shall replace all parts necessary to restore equipment to complete operational services.

The Cotton & Tobacco Program reserves the right to seek competitive proposals for all major overhauls and repairs as may be required during the term of the contract. The Contractor awarded the preventive maintenance contract as a result of this solicitation shall work cooperatively with any other Contractor the Cotton & Tobacco Program may have to perform any major repairs. If the Cotton & Tobacco Program elects to use the contractor, the parts and labor rates included in the contract shall apply.

Major repairs may be excluded from the scope of the Contract at the discretion of the agency.

However, the agency may direct the contractor to perform a major repair and the Contractor will be bound to the hourly rates on the contract. Freight charges will be billed direct to the Government and reimburse the Contractor for the full amount of the freight expense. The invoice shall contain the necessary breakdown of costs with backup documentation.

IN ALL CASES, THIS COST RESPONSIBILITY SHALL APPLY TO EACH PART REQUIRED. NO

COMBINING OF COST FOR MULTIPLE PARTS WILL BE PERMITTED.

In the event of equipment failure, or imminent failure or damage, on-site response by qualified maintenance mechanic shall be made within 1 hour after the Contractor has been given notification of the emergency situation. Service response shall be sufficient to restore equipment or system to operation of the system. If temporary measures are taken to restore operation, then permanent repair service shall be completed within five (5) working days.

Under no circumstance shall equipment or system failure that results in loss of essential services exceed two (3) regular work days to correct after such trouble is reported. This includes locating the trouble, obtaining parts, installation of these parts and placing of the equipment back into operation. Every effort shall be made to expedite any and all repairs in accordance with set limits. Inability to obtain parts or special technical or engineering services will not be considered reason to extend this time period. When performing repairs, contractor shall replace all parts necessary to restore equipment to complete operational services.

Emergency maintenance service shall be available twenty-four (24) hours of the day, every day and week of the year throughout the contract term.

Failure of the Contractor to provide Emergency Service within the stated time frames may be cause to consider the Contractor in default of the contract by the Procurement Officer.

PLANNED: Planned or recommended contingency work will be estimated promptly by the Contractor and submitted in writing for approval by the Area Director.

EMERGENCY: Emergency unplanned work will be ordered by the Area Director as required or recommended by the Contractor to prevent damage to the Cotton and Tobacco Program property and to serve the needs of the Cotton and Tobacco Program when there is an actual or immediate threat to the continuance of essential normal operation.

Note: The Cotton and Tobacco Program is not responsible for parts for Emergency Services and Major Repairs that are due to misuse or negligence by the Contractor.

C.14.1 PART AND MATERIALS:

Major Repairs and Emergency Repairs are made in accordance with the specifications herein. A copy of the manufacturer’s invoice to the Contractor shall be submitted with invoice for payment. The Contractor shall provide replacement parts from the original manufacturers or substitute parts approved by the original manufacturers. The Cotton and Tobacco Program shall pay all parts expense, except those required for the preventive maintenance services.

Unless otherwise directed, The Contractor shall furnish and install all parts (those paid by the State and those paid by the Contractor) for Preventive Maintenance.

Repair and replacement parts charge to the Cotton and Tobacco Program will be invoiced at cost. “Cost” is defined as the manufacturer’s charge to contractor, including freight charges and transportation reflected on manufacturer’s invoice. Freight charges will be directed to the Cotton and Tobacco Program and the Cotton and Tobacco Program shall reimburse the Contractor for the amount of the freight expense. The invoices shall contain the necessary breakdown of costs with back-up documentation. The Cotton and Tobacco Program reserve the right to selectively audit contractor’s invoices in order to verify the cost price for said parts.

Note: The Contractor shall guarantee all major repair workmanship, parts and materials for a period of two (2) years.

C.14.2 BREAKDOWNS AND SHUTDOWNS:

Minor breakdowns and shutdowns, such as electrical troubles, burned out control coils, open circuits, electrical or mechanical adjustments will be repaired or corrected immediately and expeditiously. No breakdowns or shutdowns shall take more than two (2) days (or sooner) to correct after such trouble is reported. No major shutdowns or breakdowns shall take more than two (2) days (or sooner). This includes locating the trouble, obtaining parts, installation of these parts and placing the equipment back into operation. Every effort shall be made to expedite any and all repairs in accordance with set limits.

In all cases of request for service by the State, the Contractor shall respond no later than two

(2) hours from time request was made.

C.14.3 PAYMENT TO CONTRACTOR:

The Contractor shall be paid the contract price specified in the schedule for all service delivered and accepted, provided that the contractor certifies that all scheduled services have been performed.

At the end of each month, the Contractor shall obtain provisional payments upon submission of proper invoices for HVAC to the applicable office Area Director. The Contractor shall include on the front of the invoices, Federal Tax Identification Number or Social Security Number. All invoices shall be addressed as follows.

USDA, AMS, COTTON & TOBACCO PROGRAM

Lubbock Classing Office

USDA, AMS, COTTON & TOBACCO PROGRAM

Lubbock Classing Office

906 North Elgin Lamesa, Texas 79331

The Cotton & Tobacco Program may withhold provisional payments pending verification of the completion of all work required during period covered by the invoice. If a portion of the work is found incomplete or unsatisfactory, money reflecting the value of the work may be subtracted from the total contract cost.

C.15 SERVICE REPORTS:

The Contractor shall submit reports to the Area Director for each visit to the site, whether for routine, preventive, repair or emergency maintenance services. The service reports shall be prepared in sufficient detail and description to identify the date, equipment location and specific work performed. The Area Director will review the work with the service personnel and sign the service report to acknowledge satisfactory completion of the work as described.

Note: A separate log must be maintained for (preventive, major and emergency) maintenance services, each time the contractor or his HVAC mechanics perform work at the facility.

C.16 COTTON & TOBACCO PROGRAM RESPONSIBILITY:

The Area Director or his/her designee will receive instructions in the operation of said equipment, such representatives to have authority to carry out recommendations received from contractor in conjunction with normal accomplishments of the contractor. The Cotton & Tobacco Program reserves final authority in acting on these recommendations.

To operate the equipment in accordance with manufacturer’s instructions, and notify contractor promptly of any change in the usual operating conditions.

Keep all equipment rooms and space free of materials extraneous to said system and to move any stock, fixtures, needed to facilitate all work called for here in this contract.

Permit access to building, parking, and use of existing shop facilities and utilities.

CLAUSES

D.1 FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) - Alternate I (JAN 2017)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-

System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'".]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation.