Sol_1305M324R0055.pdf

1305M324R0055

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

1 86

7600 SAND POINT WAY NE BLDG 1

SEATTLE WA 98115

WAD-NMFS-Seattle

AUKE BAY LABORATORIES

TED STEVENS MARINE R.I.

17109 PT. LENA LOOP RD.

JUNEAU

AK 99801-8344

ANNA MA

05/17/2024 1400 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

See continuation pages.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 86

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1305M324R0055

Period of Performance: 05/26/2024 to 03/25/2025

0001 Preventative Maintenance in accordance with the

Statement of Work.

0002 Emergency HVAC and Refrigeration Repairs in accordance with the Statement of Work. NTE

$16,000.

0003 Repair Parts, Consumables, and Other Ancillary

Equipment in support of CLIN 0002 only in accordance with the Statement of Work. NTE

$7,500.00.

1001 Preventative Maintenance in accordance with the

Statement of Work.

(Option Line Item)

Period of Performance: 03/26/2025 to 03/25/2026

1002 Emergency HVAC and Refrigeration Repairs in accordance with the Statement of Work. NTE

$32,000.00.

(Option Line Item)

Period of Performance: 03/26/2025 to 03/25/2026

1003 Repair Parts, Consumables, and Other Ancillary

Equipment in support of CLIN 1002 only in accordance with the Statement of Work. NTE

$15,000.00.

(Option Line Item)

Period of Performance: 03/26/2025 to 03/25/2026

2001 Preventative Maintenance in accordance with the

Statement of Work.

(Option Line Item)

Period of Performance: 03/26/2026 to 03/25/2027

2002 Emergency HVAC and Refrigeration Repairs in accordance with the Statement of Work. NTE

$37,344.00.

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 86

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1305M324R0055

Period of Performance: 03/26/2026 to 03/25/2027

2003 Repair Parts, Consumables, and Other Ancillary

Equipment in support of CLIN 2002 only in accordance with the Statement of Work. NTE

$17,505.00.

(Option Line Item)

Period of Performance: 03/26/2026 to 03/25/2027

3001 Preventative Maintenance in accordance with the

Statement of Work.

(Option Line Item)

Period of Performance: 03/26/2027 to 03/25/2028

3002 Emergency HVAC and Refrigeration Repairs in accordance with the Statement of Work. NTE

$38,236.45.

(Option Line Item)

Period of Performance: 03/26/2027 to 03/25/2028

3003 Repair Parts, Consumables, and Other Ancillary

Equipment in support of CLIN 3002 only in accordance with the Statement of Work. NTE

$17,923.34.

(Option Line Item)

Period of Performance: 03/26/2027 to 03/25/2028

4001 Preventative Maintenance in accordance with the

Statement of Work.

(Option Line Item)

Period of Performance: 03/26/2028 to 03/25/2029

4002 Emergency HVAC and Refrigeration Repairs in accordance with the Statement of Work. NTE

$38,385.49.

(Option Line Item)

Period of Performance: 03/26/2028 to 03/25/2029

4003 Repair Parts, Consumables, and Other Ancillary

Equipment in support of CLIN 4002 only in accordance with the Statement of Work. NTE

$17,993.20.

(Option Line Item)

Period of Performance: 03/26/2028 to 03/25/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

1305M324R0055 BASE

Section 2 - Combined Synopsis/Solicitation Section 3 - Line Items and Attachments Section 4 - Contract Terms and Conditions Section 5 - Other Contract Terms and Conditions Section 6 - Instructions to Offerors Section 7 - Evaluation

Section 2 - Combined Synopsis/Solicitation

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with FAR Subpart 13.5, with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

All responsible Small Business sources may submit a proposal which shall be considered by National Oceanic and Atmospheric Administration (NOAA). The Government intends to select one contractor, however the Government reserves the right to award no contract at all, depending on the quality of the proposal, the prices submitted, and the availability of funds.

(ii) This solicitation is issued as a request for proposal (RFP). Written proposal for RFP 1305M324R00555 shall be submitted on Standard Form 18.

(iii) The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2024-03, dated February 23, 2024.

(iv) The proposed contract action is set-aside 100% for small business (SB) concerns. The associated NAICS code for this requirement is 238220, Plumbing, Heating, and Air-Conditioning Contractors, and the business size standard for this requirement is $19 million.

(v) A list of line item number(s) and items, quantities, and units of measure (including options) are as follows:

Base: May 26, 2024 to March 25, 2025

CLIN SCHEDULE OF SUPPLIES /

SERVICES TYPE QUANTITY UNIT UNIT

PRICE TOTAL

Task 1: Preventative Maintenance in accordance with the Statement of Work (SOW).

FFP 10 MO

Task 2: Emergency HVAC and Refrigeration Repairs in accordance with SOW.

T&M NTE NTE NTE $16,000.00

Task 3: Repair Parts, Consumables, and Other Ancillary Equipment in support of CLIN 0002 only in accordance with the SOW.

T&M NTE NTE NTE $7,500.00

Base Year Total (CLINs 0001 - 0003)

Option Year 1: March 26, 2025 to March 25, CLIN SCHEDULE OF SUPPLIES /

SERVICES TYPE QUANTITY UNIT UNIT

PRICE TOTAL

1001 Task 1: Preventative Maintenance in accordance with the SOW. FFP 12 MO

Task 2: Emergency HVAC and Refrigeration Repairs in accordance with SOW.

T&M NTE NTE NTE $32,000.00

Task 3: Repair Parts, Consumables, and Other Ancillary Equipment in support of CLIN 1002 only in accordance with the SOW.

T&M NTE NTE NTE $15,000.00

Option Year 1 Total (CLINs 1001 - 1003)

Option Year 2: March 26, 2026 to March 25, CLIN SCHEDULE OF SUPPLIES /

SERVICES TYPE QUANTITY UNIT UNIT

PRICE TOTAL

2001 Task 1: Preventative Maintenance in accordance with the SOW. FFP 12 MO

Task 2: Emergency HVAC and Refrigeration Repairs in accordance with SOW.

T&M NTE NTE NTE $37,344.00

Task 3: Repair Parts, Consumables, and Other Ancillary Equipment in support of CLIN 2002 only in accordance with the SOW.

T&M NTE NTE NTE $17,505.00

Option Year 2 Total (CLINs 2001 - 2003)

Option Year 3: March 26, 2027 to March 25, CLIN SCHEDULE OF SUPPLIES /

SERVICES TYPE QUANTITY UNIT UNIT

PRICE TOTAL

3001 Task 1: Preventative Maintenance in accordance with the SOW. FFP 12 MO

Task 2: Emergency HVAC and Refrigeration Repairs in accordance with SOW.

T&M NTE NTE NTE $38,236.45

Task 3: Repair Parts, Consumables, and Other Ancillary Equipment in support of CLIN 3002 only in accordance with the SOW.

T&M NTE NTE NTE $17,923.34

Option Year 3 Total (CLINs 3001 - 3003)

Option Year 4: March 26, 2028 to March 25, CLIN SCHEDULE OF SUPPLIES /

SERVICES TYPE QUANTITY UNIT UNIT

PRICE TOTAL

4001 Task 1: Preventative Maintenance in accordance with the SOW. FFP 12 MO

4002 Task 2: Emergency HVAC and Refrigeration Repairs in accordance T&M NTE NTE NTE $38,385.49 with SOW.

Task 3: Repair Parts, Consumables, and Other Ancillary Equipment in support of CLIN 4002 only in accordance with the SOW.

T&M NTE NTE NTE $17,993.20

Option Year 4 Total (CLINs 4001 - 4003)

Base, plus All Options Total (CLINs 0001 - 4003)

SCHEDULE OF PRICES KEY:

CLIN = contract line item number, FFP = firm-fixed price, MO = month, NTE = not-to-exceed, MO = month, T&M = time and material

(vi) The Ted Stevens Marine Research Institute (TSMRI) has a need for Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration System Maintenance and Repairs to maintain temperatures within the required operational bands, minimize refrigerant losses, and ensure that all HVAC and refrigeration systems are kept in an operational state as much as possible. All services are handled in an environmentally sound manner in accordance with state and federal regulations while maintenance and repairs are conducted. In addition to routine maintenance, the contract will include support for emergency services. See Section 3 for a full Statement of Work (SOW).

(vii) Acceptance of all CLINs will be delivered to the Contracting Officer’s Representative (COR) upon completion via email. The email will be provided upon contract award.

(viii) The provision at FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services, and addenda applies to this acquisition. See Section 6 for complete clause.

(ix) The provision at FAR 52.212-2 Evaluation – Commercial Products and Commercial Services, and addenda applies to this acquisition. See Section 7 for complete clause, including paragraph (a) of the provision.

(x) Offerors are required to include a complete copy of the provision at FAR 52.212- 3 Offeror Representations and Certifications – Commercial Products and Commercial Services, with their offer. See Section 6 for complete clause.

(xi) The clause at FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, and addenda applies to this acquisition. See Section 4 for complete clauses.

(xii) The clause at FAR 52.212-5 Contract Terms and Conditions Required to Implement Executive Orders

– Commercial Products and Commercial Services, applies to this acquisition. See Section 5 for a complete listing of the additional FAR clauses cited under this clause that are applicable to this acquisition.

(xiii) The following additional contract requirement(s) or terms and conditions apply to this acquisition:

N/A

(xiv) Defense Priorities and Allocations System (DPAS) ratings are not applicable to this acquisition.

(xv) The offer shall be submitted by email to Anna Ma at anna.ma@noaa.gov and Rachel Karkane at rachel.karkane@noaa.gov by May 17, 2024 at 2:00 PM Pacific Time.

(xvi) For more information regarding this solicitation, please contact:

Contract Specialist – Anna Ma, anna.ma@noaa.gov Contracting Officer – Rachel Karkane, rachel.karkane@noaa.gov

Section 3 - Line Items and Attachments

List of Attachments

Attachment Number Title

1 Schedule of Prices 2 SAM Wage Determination 3 Past Performance Questionnaire

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries Alaska Fisheries Science Center’s Auke Bay Laboratories Ted Stevens Marine Research Institute Heating, Ventilation, and Air Conditioning and Refrigeration System Maintenance and Repairs

I. BACKGROUND

The Alaska Fisheries Science Center’s (AFSC) Auke Bay Laboratories’ Ted Stevens Marine Research Institute (TSMRI) is Alaska’s largest fisheries research facility, providing fisheries researchers 66,000 square feet of space in the main building. Adjacent to TSMRI is a heated warehouse and free-standing wet lab building. On the NOAA campus is the University of Alaska Fairbanks School of Fisheries and Ocean Sciences (UAF) building which enables close professional collaborations and sharing of capabilities. TSMRI provides filtered seawater to UAF and receives used seawater from UAF for sterilization and discharge. TSMRI has 33,000 square feet of laboratories capable of supporting lipid and hydrocarbon analysis, DNA extraction, ultra-cold storage, robotic genotyping, analysis of lipids, age and growth determinations, zooplankton processing and bioenergetics.

The TSMRI has a need for Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration System Maintenance and Repairs to maintain temperatures within the required operational bands, minimize refrigerant losses, and ensure that all refrigerants, oils, etc. will be handled in an environmentally sound manner in accordance with state and federal regulations while maintenance and repairs are conducted.

TSMRI’s primary sources of heat are heat pump/chiller units, hereafter referred to as “heat pumps.”

There are two (2) walk-in coolers, three (3) walk-in freezers for sample storage, one (1) package air conditioning unit for cooling the server room, and two (2) conventional fuel oil boilers as backup heat.

The contractor shall provide all equipment, personnel, tools, materials, supervision, and other items and incidental services necessary to perform preventive maintenance and repairs to maintain the systems within design parameters as prescribed in the manufacturer’s maintenance manuals and technical bulletins and in keeping with good business practices.

II. PERIOD OF PERFORMANCE

The base period of performance of this contract is from May 26, 2024 through March 25, 2025. If an option is exercised, the period of performance shall be extended through the end of that option period.

The option periods that may be exercised are as follows:

Period of Performance Start Date End Date Option Year 1 March 26, 2025 March 25, 2026 Option Year 2 March 26, 2026 March 25, 2027 Option Year 3 March 26, 2027 March 25, 2028 Option Year 4 March 26, 2028 March 25, 2029

III. TASKS

Key task includes the following:

A. The contractor shall provide all personnel, equipment, tools, services, and supervision necessary to inspect, maintain and repair government owned HVAC and refrigeration equipment in the Exhibit 1 – Equipment Inventory.

B. The contractor shall perform all service maintenance and repair tasks in accordance with the manufacturers’ recommendations as well as the standards and procedures defined in this contract.

The contractor shall maintain a written preventative maintenance schedule before the start of the contract.

Task 1: Preventative Maintenance – The contractor shall furnish the necessary personnel, equipment, tools, services, and supervision to conduct preventative maintenance for the equipment listed in Exhibit 1 – Equipment Inventory.

1. Contractor shall inspect monthly, and ensure that the HVAC, and refrigeration equipment are operating and serviced according to the manufacturer’s recommendations.

2. The contractor shall provide parts to be replaced as part of regularly scheduled maintenance.

3. The contractor shall ensure the HVAC and refrigeration equipment perform efficiently and are clean and are free of corrosion.

4. The contractor shall identify and repair leaks in the system as appropriate.

5. The contractor shall minimize disruptions and inconveniences to users and must coordinate all work with the Facility Manager or his representative.

6. All parts and materials are to be provided by the contractor for regularly scheduled preventative maintenance.

7. The government will not be billed for monthly service of equipment that is out of service.

It is anticipated that the monthly maintenance checks can be completed in a single eight (8)-hour work day, with more complicated maintenance checks being completed over the eight (8)-hour work day.

Deliverables for Task 1:

1. The contractor representative shall provide comprehensive monthly service written reports to the Facility Manager.

2. The report shall document all pertinent pressures, temperatures, voltages, fluid levels, and test levels.

3. The report shall contain any uncorrected deficiencies noted at inspection, and the time frame to complete the repairs.

4. Reports shall be in writing and be provided within three (3) days following the regularly scheduled monthly visit.

Task 2: Emergency HVAC and Refrigeration Repairs

1. The contractor shall start diagnosis and repairs to the HVAC or refrigeration equipment within twelve (12) hours of identification of a problem, or being notified of repair service requirement.

2. The contractor shall notify the Facility Manager or his representative when any replacement part must be ordered that will delay repairs for more than twenty-four (24) hours.

3. The contractor shall not perform any repairs without prior approval by the Facility Manager or the delegated representative.

4. Parts will be ordered after authorization and will be installed within twenty-four (24) hours of receipt.

5. The contractor shall develop a repair plan within forty-eight (48) hours of the expected delay if repair time may exceed seven (7) calendar days and submit this plan to the Facility Manager or the representative for approval. If not repairable due to lack of onsite parts or materials, list of parts or materials will be identified and forwarded to Facility Manager for approval within forty-eight (48) hours of discovery of problem.

6. The government shall not be billed for replacement parts and repair labor until repairs are complete and the equipment is restored to proper operation.

7. All repairs are to be completed within thirty (30) calendar days of notification of repair service requirement unless agreed to in writing.

8. The contractor shall maintain an inventory of appropriate refrigerants and oils locally to allow the complete replacement of refrigerant for each unit, or one (1) circuit per unit with respect to the heat pumps.

9. The contractor shall ensure that there is adequate storage capacity to store the refrigerant charge for each unit in the event that the unit must be pumped down for repairs.

Task 3: Repair Parts, Consumables, and Other Ancillary Equipment

1. The Contracting Officer shall exercise Task 3 for the purchase of repair parts, consumables, and other ancillary equipment that is needed to perform services detailed in Task 2, Emergency HVAC and Refrigeration Repairs.

2. The Contracting Officer shall not exercise Task 3 for parts and consumables needed to perform normal monthly preventive maintenance for services detailed in Task 1, Preventative Maintenance.

IV. SCHEDULE OF DELIVERABLES

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Due Date Deliver To Task 1 Quality Assurance Program Final version due fourteen (14) Facility Manager and calendar days after contract award.

Contracting Officer

Task 1 Preventative Maintenance Monthly. See Task 1 for details. Facility Manager Task 1 Preventative Maintenance

Reports Within three (3) days of monthly maintenance.

Facility Manager

Task 2 HVAC and Refrigeration Repairs

See Task 2 for details. Facility Manager

V. QUALIFICATIONS

The proposed personnel must have experience in the following:

• Equipment must be serviced and maintained by and certified technician(s) with an Environmental Protection Agency (EPA) Section 608 Technician Certification.

• The contractor shall be licensed to conduct HVAC work in the State of Alaska and have five (5) years of experience in HVAC and refrigeration equipment service for the equipment listed in Table 1 – Equipment List.

• The contractor’s onsite worker should be trained and certified for conducting maintenance and repair on HVAC and refrigeration equipment as detailed in serviceable items listed in Table 1 – Equipment List.

VI. SECURITY OR ACCESS REQUIREMENT

The contractor shall comply with the Department of Commerce security background procedures and complete necessary background applications prior to starting work.

VII. QUALITY CONTROL

1. The contractor shall develop and maintain a written quality assurance program to ensure services are performed in accordance with manufacturers’ recommendations as well as with commonly accepted commercial practices for HVAC, life support and plumbing maintenance and repair, EPA and state of Alaska regulations.

2. The contractor shall develop and implement procedures to identify and prevent defective services from recurring.

3. All maintenance will be completed in accordance with EPA requirements for handling of refrigerants and hazardous materials (HAZMAT).

4. All oils and solvents, or consumables contaminated with HAZMAT are to be removed from the premises and properly disposed of.

VIII. PLACE OF PERFORMANCE

These services are to be performed at the Ted Stevens Marine Research Institute at 17109 Point Lena Loop Road, Juneau, AK 99801. In cases of shutdown or furlough (or in other instances which cause the Government facility to be closed), contact the Facility Manager or COR for guidance.

IX. OVERTIME, TRAVEL AND TRAINING

Overtime is not anticipated or authorized at this time. If overtime is required, a contract modification must be executed by the Contracting Officer prior to performance.

Travel is not expected or authorized for this task order.

Training is authorized for NMFS/NOAA/DOC specific systems and requirements. Completion certificates must be submitted to the COR no later than three (3) business days after the start of the contract or completion of courses after authorization. The following training is currently required to be completed under this task order. The Contracting Officer’s Representative (COR) may authorize additional training that is necessary for the task order and not commercially available.

• NOAA IT security

• NOAA Safety training

• Sexual Assault/Sexual Harassment Prevention and Response Training in accordance with (IAW)

NAM 1330-52.222-70(b)(6)

• Records Management 101

Additional commercial or non-task order specific training may be permitted under the following circumstances: 1) prior written approval is obtained from the COR, 2) there is no additional cost to the Government for attendance, 3) the time is not billed to the Government, and 4) there is no relief/change for deliverable due dates.

X. EXHIBIT 1 - EQUIPOMENT INVENTORY

Heating, Ventilating and Air Conditioning HVAC:

1. The HVAC system is comprised of numerous components including two chillers configured as heat pumps and two (2) oil filed boilers for backup. Control of the units is through interface with the building automation system (BAS).

2. The two (2) Trane Rotary Chiller Units are model RTWD090F2A02A1C2. These units are sourced by seawater heat exchangers. Redundant condenser and evaporator loop circulation pumps are connected to provide water for both chillers. A separate pair of circulator pumps circulate the heated water through the facility. A third pair is utilized to circulate chilled water when needed.

3. Boilers (B-101 & 102) The boilers are oil fired units manufactured by Burnham. The circulation system utilizes two (2) circulation pumps connected in parallel to service either or both boilers as needed.

4. Two (2) McCray package rooftop units (AHU-201 & 202) are installed to service the office wing.

The operation of the heating coil, supply and return fans, economizer, and mechanical cooler is controlled by the building automation system (BAS). Mechanical cooling is provided by these units when the outside air temperature is too warm to provide cooling.

5. VAV units with heating coils are utilized to distribute heat and cooling within the Office Wing.

The servicing of this equipment is outside the scope of this solicitation.

6. Two (2) Air Handler Units (AHU-101 and 103) provide heat and fresh air circulation to the lab wing and lobby area. The servicing of this equipment is outside the scope of this requirement.

7. AHU-101 is the primary air handler for the lab wing. It provides 100% outside air with no recirculation within the lab. A heat recovery system is installed in GEF-101 to extract heat from the air prior to it being exhausted from the building. The operation of the heating coil, supply, and return fans is controlled by the building automation system (BAS).

8. A heat recovery system is installed on the lab vent hoods and return air in the lab wing to extract heat from that air prior to it being exhausted from the building.

9. The system can be configured so that the chillers can provide heat, boilers provide heat, or both provide heat through separate heating coils in the laboratory portion of the facility.

10. Server Room Air Conditioner (ACU-201) The server room air conditioner is manufactured by Liebert. The unit is equipped for humidity control. The condenser coil for the Liebert unit is located on the roof of the office wing.

Refrigeration and Freezer:

1. The two (2) walk-in cooler and freezer rooms within the lab wing are installed so that the access to the freezers are through the adjoining cooler room.

2. A third freezer unit is installed outside behind the warehouse.

3. For a complete list of HVAC and freezer/cooler equipment, see Table 1. For equipment schedule see Table 1.

Table 1 – Equipment List

Unit Equipment Manufacturer Model Number Refrigerant Freezer L104 Condensing unit (x3) Bally RP350L6-HT4A-2235 R-404a Freezer L104 Evaporating unit (x3) Bally BMP116LE-52A-CB6NN R-404a Freezer L106 Condensing unit (x3) Bally RP350L6-HT4A-2235 R-404a Freezer L106 Evaporating unit (x3) Bally BMP116LE-52A-CB6NN R-404a Walk In Cooler L103 Condensing unit Bally FFAP-030Z-TFD-071 R-407c Walk In Cooler L103 Evaporating unit Bally BLP214MA-S2A-SC2NN R-407c Walk In Cooler L105 Condensing unit Bally FFAP-030Z-TFD-071 R-407c Walk In Cooler L105 Evaporating unit Bally BLP214MA-S2A-SC2NN R-407c EVOS Freezer Condensing unit (x1) Heatcraft MOZ045L63C R-404a EVOS Freezer Evaporating unit (x1) Heatcraft LCE6120BEB R-404a Heat Pumps HP101 and

HP102

Condensing/evaporator Unit (x2)

Trane RTWD090F2A02A1C2 R-134a

McQuay Rooftop Package Unit Rooftop Package Unit (x2)

McQuay RPD036CLW R-407c

Boilers B101 and B102 Burnham n/a Server Room AC Condenser and AHU Liebert Challenger 3000 R-407c

(End of SOW)

Section 4 - Contract Terms and Conditions

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

FAR 52.204-13 System for Award Management Maintenance. (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

CAR 1352.201-70 Contracting Officer's Authority. (MAR 2010)

CAR 1352.209-72 Restrictions against disclosure. (APR 2010)

CAR 1352.209-73 Compliance with the laws. (APR 2010)

CAR 1352.209-74 Organizational conflict of interest. (APR 2010)

CAR 1352.228-72 Deductibles under required insurance coverage-fixed price. (APR 2010)

CAR 1352.237-71 Security processing requirements-low risk contracts (APR 2010)

Standard Language Addendum to FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

Additional FAR, CAR, and NOAA Acquisition Manual clauses are included as addenda in this Section.

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023) - Alternate I (NOV 2021)

(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. The portion of the "hourly rate" attributable to profit shall be 10 percent.

(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 Federal Acquisition Regulation (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: No subcontracts for services are in this contract; 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 product at FAR 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: 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: 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. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise.