RFQ_2031JG19P00084,_“Replacement_of_8_HVAC_Systems_at_the_United_States_Bullion_Depository”.pdf

August 8, 2019

To: Prospective Offerors

From: The United States Mint

Subject: Request for Quotes (RFQ) #2031JG19P00084, “Replacement of 8 HVAC Systems at the United States Bullion Depository”

The United States Mint hereby invites your company to submit a Quote (“Technical” and “Price”) in response to this RFQ. If interested in pursuing this business opportunity, please respond by submitting your Quote in accordance with the following instructions:

1. PRODUCTS/SERVICES REQUIRED (SYNOPSIS):

The United States Bullion Depository requires the replacement of its existing eight R22 Freon HVAC System with new HVAC systems. Please consult the attached Statement of Objectives (SOO) for details (Attachment #1).

2. PERIOD OF PERFORMANCE:

The Period of Performance for this project will be 1 year from the date of award.

3. QUESTIONS:

Questions regarding this project shall be submitted via email by 5:00 P.M. Eastern Time, August 13, 2019 to Kevin Huff (Kevin.Huff@usmint.treas.gov). Please be advised that questions submitted by any method other than email or after this specified deadline may not be answered.

4. RFQ RESPONSE DUE DATE/TIME:

Responses to this RFQ shall be submitted by 5:00 P.M. Eastern Time, August 21, 2019 via email to Kevin Huff (Kevin.Huff@usmint.treas.gov).

5. ANTICIPATED CONTRACT TYPE:

The United States Mint intends to award a Firm Fixed Price Purchase Order as a result of this RFQ.

6. SUBMISSION REQUIREMENTS:

Offerors shall submit one “Technical Quote” and one “Price Quote” in response to this RFQ.

Technical Quote:

The Technical Quote shall be comprised of 3 distinct Sections as illustrated below:

“Technical Quote” Section Number Section Title

Page Limitation

1 Technical Approach 10 2 Key Personnel 10 3 Past Performance 5

Technical Quote Page Limitation mailto:Kevin.Huff@usmint.treas.gov

United States Mint RFQ #2031JG19P00084 “Replacement of 8 HVAC Systems at the United States Bullion Depository”

Section 1 (Technical Approach): The Technical Approach shall include 1) The Offerors specific approach (through the use of narrative, charts, video, etc.) to fulfilling Objectives 1 through 3 described in the accompanying Statement of Objectives. 2) The specifications/features of the proposed replacement HVAC’s and their associated benefits, and 3) An estimated timeline identifying how long it will take to complete the various stages of this project.

Section 2 (Key Personnel): The Key Personnel section shall describe the qualifications of those primarily responsible for completing this project. Offerors shall submit resumes for each of the Key Personnel that identify work experience for at least the past 5 years. Resumes shall provide a concise description of relevant duties performed by the Key Personnel and include any relevant professional training and certifications possessed by Key Personnel.

Section 3 (Past Performance): Past Performance shall contain 3 examples of recent (completed within the last 5 years) and relevant work, consistent with the size, scope, and complexity of this project. Past Performance need not be limited solely to Federal Government Clients. Each example must provide 1) Customer Name, Telephone Number, and Email Address 2) Total Amount of the Contract/Order and Period of Performance 3) Detailed Description of the Supplies, Services or Equipment Provided, and 4) Description of Noteworthy Accomplishments.

Note: Past Performance information shall be provided for any and all contracts that have been terminated for default (cause) in whole or in part, for any reason, during the last 5 years. This shall include those currently in the process of termination. Furthermore, Past Performance information must be provided for any and all contracts that resulted in the appearance of the Offeror on a Debarred List or any similar listings during the past 5 years.

Price Quote The Price Quote shall be completed using the table below. The Price Quote shall be “all inclusive”, covering all costs associated (i.e. Labor, Materials, etc.) with completing the project.

CLIN Description Quantity Unit Amount

Demolition, Removal, and Disposal of existing 15 Ton System;

Replacement of existing 15 Ton System with new 15 Ton System (including On-Site Testing and Training) (Reference SOO Section #4: Objective #2A)

1 Job $

Demolition, Removal, and Disposal of existing 7.5 Ton System;

Replacement of existing 7.5 Ton System with new 7.5 Ton System (including On-Site Testing and Training) (Reference SOO Section #4: Objective #2B)

Demolition, Removal, and Disposal of existing 5 Ton System;

Replacement of existing 5 Ton System with new 5 Ton System (including On-Site Testing and Training) (Reference SOO Section #4: Objective #2C)

Demolition, Removal, and Disposal of existing 2.5 Ton System;

Replacement of existing 2.5 Ton System with new 4 Ton System (including On-Site Testing and Training) (Reference SOO Section #4: Objective #2D)

(Reference SOO Section #4: Objective #2E)

Demolition, Removal, and Disposal of existing 2 Ton System;

Replacement of existing 2 Ton System with new 2 Ton System (including On-Site Testing and Training) (Reference SOO Section #4: Objective #2F)

(Reference SOO Section #4: Objective #2G)

(Reference SOO Section #4: Objective #2H)

Grand Total (CLINs 0001 through 0008):

7. BASIS FOR AWARD:

The United States Mint will award a Purchase Order to the Offeror whose Quote represents the “Best Value” considering the following 4 Evaluation Factors (defined in Section 7 of this RFQ):

Factor #1: Technical Approach Factor #2: Key Personnel Factor #3: Past Performance Factor #4: Price

Factor 1 is the most important factor. Factors 2-4 are of equal importance. Factors 1-3, when combined, are significantly more important than price. Therefore, the Purchase Order may not necessarily be awarded to the Offeror that submits the lowest price.

Please be advised that the United States Mint intends to award one Purchase Order as a result of this RFQ; however, the Government reserves the right to award no Purchase Order at all depending on the quality of the Quotes submitted, availability of funding, and the continued existence of the requirement at the time of award.

Each Offeror should recognize that its initial submission may be used as the sole and final basis for award and should Quote accordingly. Please note that this RFQ does not commit the United States Mint to pay any Quote preparation costs.

8. PURCHASE ORDER CLAUSES:

The resulting Purchase Order will include the Clauses identified in attached document titled “Purchase Order Clauses” (Attachment #2).

Thank you for your consideration of this request! The United States Mint looks forward to receiving your Quote.

Kevin E. Huff, Contracting Officer United States Mint Phone: 202-354-7486 Email: Kevin.Huff@usmint.treas.gov Website: www.usmint.gov http://www.usmint.gov/

STATEMENT OF OBJECTIVES (SOO)

1. Background

The United States Mint is a Bureau within the United States Treasury Department that manufactures the nation’s supply of coins, sells numismatic products, and secures the nation’s treasury of gold bullion. It operates 6 facilities throughout the country: West Point, NY; Philadelphia, PA; Denver, CO; San Francisco, CA; Washington, DC; and Fort Knox, KY.

The United States Bullion Depository (USBD) in Ft. Knox, KY is currently using eight “R22 Freon HVAC” systems for the heating, ventilation and air conditioning of the facilities on its premises. As these systems have exceeded their lifespan (and have been linked to Ozone Layer depletion), the USBD requires their demolition, removal, disposal, and replacement with new systems.

2. Purpose:

The purpose of this SOO is to obtain a Technical Proposal from Offerors that identifies a specific, unique approach to demolishing, removing, disposing, and replacing the existing systems with new systems. The Technical Proposal shall describe the Offerors approach through the use of narrative, illustrations, video, etc. Additionally, the purpose of this SOO is to obtain a Price Proposal from Offerors that identifies a Firm Fixed Price for completing this job.

3. Scope:

The scope of this project entails the demolition, removal, disposal, and replacement of each of the following eight R22 Freon HVAC Systems at the USBD:

Types and Quantities of HVAC R22 Freon Systems

Description Quantity

2 Ton System 1

2.5 Ton System 1

5 Ton System 4

7.5 Ton System 1

15 Ton System 1

Total 8

Additionally, the scope of this project entails on-site testing of the new systems to ensure their proper functioning and on-site training for USBD personnel to familiarize them with the operation of the new systems.

Attachment #1

United States Mint Statement of Objectives

4. Objectives:

The USBD requires that the Contractor meet the following objectives to ensure the successful completion of this project:

Objective 1 (Demolition, Removal, and Disposal of existing 8 R22 Freon HVAC Systems):

The Contractor shall provide all necessary labor, materials, and services to independently demolish, remove, and dispose of the existing 8 R22 Freon HVAC Systems – in accordance with applicable waste disposal regulations and occupational safety and health regulations. The systems shall be demolished and removed individually (i.e. one at a time).

Objective 2 (Replacement of existing 8 R22 Freon HVAC Systems with 8 New Systems)

The Contractor shall provide all necessary labor, materials, and services to independently replace the 8 existing systems with 8 new systems. The new HVAC systems shall be replaced in accordance with the specifications below:

A. Replacement of the 15 Ton System: The Contractor shall replace the existing 15 Ton System – including line set – with a new 15 Ton system. The Contractor shall reuse existing ductwork and retie to it. The Contractor shall also retie electric, drain modifications, and assume responsibility for securing crane service to lift the replacement system on the roof of the

USBD.

B. Replacement of the 7.5 Ton System: The Contractor shall replace the existing 7.5 Ton System – including line set – with a new 7.5 Ton system. The Contractor shall reuse existing ductwork and retie to it. The Contractor shall also retie electric, drain modifications, and assume responsibility for securing crane service to lift the replacement system on the roof of the

C. Replacement of the 5 Ton System: The Contractor shall replace the existing 5 Ton System – including line set – with a new 5 Ton system. The Contractor shall reuse existing ductwork and retie to it. The Contractor shall also retie electric, drain modifications, and assume responsibility for securing crane service to lift the replacement system on the roof of the

D. Replacement of the 2.5 Ton System: The Contractor shall replace the existing 2.5 Ton System – including line set – with a new 4 Ton system. The Contractor shall reuse existing ductwork and retie to it. The Contractor shall also retie electric, drain modifications, and assume responsibility for securing crane service to lift the replacement system on the roof of the

E. Replacement of the 5 Ton System: The Contractor shall replace the existing 5 Ton System with a new 5 Ton System. The new system shall be an air cooled system with a new line set to the outdoor condenser. The Contractor shall retie electric, ductwork, water, and drain as needed.

F. Replacement of the 2 Ton System: The Contractor shall replace the existing 2 Ton System with a new 2 Ton system. The new system shall be installed in the ceiling and its condenser shall be located outside. The Contractor shall provide a new line set, retie electric, and drain as needed.

G. Replacement of the 5 Ton System: The Contractor shall replace the existing 5 Ton System with a new 5 Ton system. The new system shall be a floor mounted system for servers with a new line set to the condenser outside. The Contractor shall redo electric and drain as needed. The Contractor shall also remove any air handler parts that are above existing equipment.

H. Replacement of the 5 Ton System: The Contractor shall replace the existing 5 Ton System with a new 5 Ton system. The new system shall be a water cooled loop unit (the underground loop will be reused). The Contractor shall tie back into the ductwork, reuse the existing drain, and upgrade electric as needed. Furthermore, the Contractor shall retie water lines as needed and provide a new PUMP kit.

Objective 3 (On-Site Testing and Training):

Upon the completion of the previous objective, the Contractor shall test each of the 8 new systems to ensure their proper functioning. The Contractor shall also provide orientation training to select on-site USBD Personnel to familiarize them with the operation and nuances of the new systems. The Contractor shall furnish USBD Personnel with Operating Manuals for each of the new systems installed.

5. Applicable HVAC Requirements:

A. The new HVAC systems shall conform to the Institute of Electrical and Electronics Engineers grounding.

B. The new HVAC systems shall be capable of functioning under the environmental conditions expected in the USBD’s operational environment for 24 hours a day, 7 days a week.

C. The new HVAC systems shall be able to compensate for variations in environment, ensuring uniform heating, cooling, and necessary humidity.

D. The new HVAC systems shall be capable of functioning in all man-made and natural environmental conditions (i.e. wind, rain, snow, seismic vibration, radio / frequency or magnetic effects / interference).

E. The new HVAC systems shall be capable of functioning in and under a wide variety of conditions including dry, frozen, snow covered and moisture-saturation.

F. The new HVAC systems electrical/electronic components shall possess protective chemical coating or polymer film to protect circuits from harsh environments that may contain moisture and/or other chemical contaminants (i.e. conformal coating).

G. The new HVAC systems electronic equipment (circuitry) shall be protected against transient voltage surges, resulting from lightning strikes or Electrostatic Discharge (ESD) via the appropriate protection device (transorb/gas discharge devices).

H. The new HVAC systems shall have low life-cycle support costs (e.g. no more than 10% of the installation cost throughout the life of the system).

I. The new HVAC systems shall be capable of supporting current and future HVAC requirements (which includes such things refrigerant, power consumption, etc.)

J. The new HVAC systems shall be installed in a manner that minimally impacts other material and systems located in the areas where the new HVAC systems will be installed.

K. The new HVAC systems shall not provide an undue profile at the USBD.

6. Applicable USBD Requirements:

A. The Contractor’s employees (including its Subcontractors) responsible for working on-site at the USBD shall possess an active “Secret” Security Clearance. Prior to commencing work on this project, the Contractor’s employees shall undergo and pass a background investigation conducted by the United States Mint Police.

B. The Contractor shall not remove any material or debris from USBD grounds without prior approval. All outbound material will be inspected and a property receipt/pass shall be issued to the Contractor.

C. The Contractor shall complete the on-site work between the hours of 7:00am –4:30pm Eastern Time, Monday through

Friday. The exact dates and times of Contractor Performance will be established by the Contracting Officer’s Representative (COR) upon Contract Award.

D. The Contractor’s employees (including its Subcontractors) shall sign a non-disclosure agreement that will remain on-file with the United States Mint Police. The Contractor shall ensure that its employees do not disclose any information obtained during the project, as this information is considered proprietary to the United States Mint.

E. The Contractor shall transfer title of all work products such as the design of the facility, work papers, specifications, drawings, etc. to the United States Mint. Upon completion of the project, all such work products shall be surrendered to the United States Mint.

F. The Contractor’s employees (including its Subcontractors) shall be subject to and abide by all safety and security regulations of the United States Mint and will be required to meet the same personnel safety requirements as United States Mint employees.

END OF SOO

PURCHASE ORDER CLAUSES

1 TERMS & CONDITIONS FOR PURCHASE ORDERS WITH THE UNITED STATES MINT (REVISED

MAY 2018) MASTER

NOTICE: This is a purchase order for goods or services necessary for carrying out the programs or operations of the United States Mint. Provisions of law governing procurement or public contracts shall not be applicable to the procurement of goods or services necessary for carrying out United States Mint programs and operations. See 31 U.S.C. § 5136.

2 CHANGES

The Contracting Officer may, at any time, by written order, make unilateral changes to the purchase order, including orders to stop work. The Contractor may request an equitable adjustment if such change affects the cost or period of performance and if such request is made within 30 days from date of receipt of the written order.

3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer's Representative (COR) is responsible for acceptance and overall technical surveillance of the work under this purchase order and should be contacted regarding questions or problems of a technical nature.

Technical direction must be within the general scope of the specifications and requirements as set forth in this purchase order. The COR has no authority to change the scope, terms, specifications, conditions or price of the purchase order. The COR is: TBD upon award.

4 DELIVERY

Delivery shall be made in accordance with the terms of the purchase order. The Contractor shall immediately notify the Contracting Officer and the COR in writing if the Contractor is unable to meet the delivery date/schedule.

Such notice shall include pertinent details; including the time/date delivery can be expected.

5 DISPUTES

Failure to agree on any issue under this purchaser order shall constitute a dispute to be resolved under this clause.

If the parties cannot reach an agreement after diligently pursuing a solution through negotiations, the Contractor shall submit a written claim to the Contracting Officer, stating the relief sought and requesting a written decision.

Within 90 days of the filing of the claim, the Contracting Officer shall either make a decision on the claim in writing or notify the Contractor of the date by which the decision will be made. The decision of the Contracting Officer shall be binding unless the Contractor submits an appeal to the United States Mint Chief Financial Officer (CFO) within 30 days of receipt of the Contracting Officer's decision. The decision of the CFO shall be final and binding on the parties and shall not be subject to further dispute, nor subject to further administrative or judicial review or appeal. The Contractor shall proceed diligently with performance of this purchase order pending final resolution of any request for relief, claim, appeal or action arising under this purchase order, and comply with any decision of the Contracting Officer.

6 ENTIRE AGREEMENT

This purchase order represents the entire agreement between the parties. Any previous understandings, proposals, representations, etc., whether oral or written, are superseded in their entirety by this purchase order.

Attachment #2

Purchase Order Clauses

7 GOVERNING LAW

This purchase order shall be governed by, construed, and interpreted only in accordance with applicable Federal law.

8 INDEMNITY

Contractor shall indemnify the United States Government, the United States Mint, and its officers and employees from and against any and all liabilities, injuries, damages, settlements, royalties, penalties and fines and other losses of every kind incurred in connection with any claims, actions, suits, investigations or proceedings concerning or resulting from any alleged or actual violations of: (a) any breach or alleged breach of any warranty, representation or obligation in this purchase order; (b) any alleged or actual infringement of any copyright, trademark, patent or any other established intellectual property right; (c) any alleged or actual violation of any Federal, or state law, rule, regulation or order; and (d) any alleged or actual death of or injury to any person, damage to any property or any other damage or loss claimed to be caused in whole or part from the Contractor's negligence or any actual or alleged defect in the goods or services provided under this purchase order.

9 INSPECTION & ACCEPTANCE

(a) The Contractor shall provide only those supplies or services that have been inspected in accordance with the Contractor's inspection system, are free from defects, and are in conformance with the specifications and requirements of this purchase order. The United States Mint has the right to inspect and test all supplies and services called for in this purchase order at all places and at all times before acceptance.

(b) The United States Mint shall give the Contractor notice of any non-conforming supplies or services or breach of any warranty or representation. At the United States Mint's option the United States Mint may: (1) have the Contractor correct any defects in the goods or services at no cost to the United States Mint; (2) correct or replace the defective goods or services with similar goods or services and charge the Contractor the cost of repair or replacement; or (3) make an equitable adjustment to this purchase order. Final acceptance does not relieve the Contractor of liability for latent defects, fraud, or gross mistakes amounting to fraud.

10 INVOICES/PAYMENTS

(a) PAYMENT DUE DATE. The due date for making payments shall be 30 calendar days after the later of (1) date designated paying office has received a proper invoice (see paragraph c. Invoice Content), or (2) date United States Mint has accepted goods or services. If delivered goods or completed services are found defective, the provisions of this paragraph will be reapplied upon receipt of corrected goods or services. PAYMENT SHALL BE

CONSIDERED AS BEING MADE ON THE DATE OF AN ELECTRONIC FUNDS TRANSFER.

(b) BILLING INSTRUCTIONS. The Contractor shall submit an electronic invoice to: AccountsPayable- Misc@fiscal.treasury.gov

If submitting invoices electronically is not possible, the Contractor shall submit an original invoice to the following paying office:

ARC/ASD/MNT, AVERY 4-1

PO BOX 1328

AccountsPayable-Misc@fiscal.treasury.gov Parkersburg, WV 26106-1328

(c) INVOICE CONTENT. A proper invoice shall include the following: name and address of the Contractor;

Taxpayer Identification Number (TIN); invoice date; purchase order number, line item number; description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; date goods were delivered or services were provided; shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms); name of payee, telephone number and address where payment is to be sent; name, telephone number and address of person to be notified in the event of a defective invoice; and any other documentation required by the contract. An invoice that does not include the minimum elements set forth herein or contains incorrect information is considered defective and will be returned to the Contractor.

(d) PAYMENT METHOD. All payments will be made by electronic funds transfer. The Contractor shall be registered in the System for Award Management (SAM) database, per clause 12, Required Central Contractor Registration. Electronic payment information will be downloaded from the SAM. Payments will only be issued when the Contractor's SAM record is current. Invoices will be returned without payment if the Contractor's SAM record has expired.

In accordance with the Treasury Offset Program, before an eligible federal payment is disbursed to a vendor, the Bureau of the Fiscal Service (BFS) compares the payment information with debtor information in BFS's delinquent debtor database. If the vendor's EIN/TIN and name match the EIN/TIN and name of a debtor, BFS withholds the payment, in whole or in part, to satisfy the debt, to the extent legally allowed. The debt offset will terminate collection of the debt if it is paid in full, compromised, discharged, or if other reasons justify termination. For more information, please visit website https://fiscal.treasury.gov/fsservices/gov/debtColl/dms/top/debt_top.htm.

(e) INTEREST. Any and all amounts that become payable to either of the parties to this contract shall be subject to interest at the rate determined by the United States Treasury under the procedures of the Prompt Payment Act (31 U.S.C. § 3901-6 et seq. and 5 CFR Part 1315) or the Debt Collection Act (31 U.S.C. § 3701 et seq.) Interest penalties are not required on payment delays due to defective invoices.

11 PERMITS & COMPLIANCE

The Contractor shall, without additional cost to the United States Mint, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes and regulations applicable to the contract award and performance of work by the Contractor or any subcontractor under the contract including all applicable safety and health regulations. Failure to comply with this provision may subject the contract to termination or revision as appropriate.

12 PUBLICITY

The Contractor shall make no publicity, news, media, or any other public releases of information in connection with this purchase order unless it has obtained prior written approval from the Contracting Officer.

13 REQUIRED SYSTEM FOR AWARD MANAGEMENT (SAM)

Offerors shall be registered in the SAM database prior to purchase order award, during performance, and through final payment of any purchase order resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States.

The offeror shall provide its DUNS or, if applicable, it's DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

Failure to register in the SAM database will render an offeror ineligible for award of a United States Mint purchase order.

If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one for SAM use. Dun and Bradstreet may be reached at 1-800-333-0505 or via the Internet at http://www.dnb.com/.

The Contractor is responsible, during performance and through final payment, for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the United States Mint's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate, and complete. Updating information in SAM does not alter the terms and conditions of this purchase order and is not a substitute for a properly executed contractual document.

The Contractor shall not change the name or address for electronic funds transfer (EFT) payments or manual payments as appropriate in the SAM record to reflect an assignee for the purpose of assignment of claims.

Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor shall be considered to be incorrect information.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling 1- 866-606-8220.

14 REMEDIES NOT EXCLUSIVE

The rights and remedies of the parties provided in this purchase order are cumulative and not exclusive and are in addition to any other rights and remedies provided by law.

15 RIGHTS IN MATERIALS

(a) All creative work, drawings, designs, layouts, advertisements, photography, negatives, artwork, reports, technical data, brochures, press materials, packaging materials, software and other work product (hereinafter Materials) first produced by the Contractor or a subcontractor under this purchase order (hereinafter Created Materials) shall be the exclusive property of the United States Mint. The Contractor may reproduce, display, distribute and create derivative works from Created Materials only after the United States Mint agrees in writing unless such use is solely for the Contractor's internal purposes. For all Materials delivered to the United States Mint under this purchase order, but not first produced by the Contractor or a subcontractor under this purchase order, the Contractor grants the United States Mint an exclusive worldwide paid-up license to use, execute, reproduce, perform, distribute copies of, and create derivative works of any Materials in support of the mission of the United States Mint or the Department of the Treasury.

(b) The Contractor warrants and represents that the goods and services covered by this purchase order will not infringe upon any patent, copyright, or trademark, trade dress, trade name, service mark, or publicity or privacy right and that the Contractor is the owner of, or is licensed to authorize the United States Mint to use any and all such rights affixed to or associated with the goods or services. The Contractor certifies and warrants that the Created Materials submitted to the United States Mint under this purchase order are original work products and not reproductions of any copyrighted or trademarked work.

16 SEVERABILITY

If any provision of this purchase order shall be determined to be invalid or unenforceable, the remaining provisions shall not be affected thereby, and shall remain in full force and effect and enforceable to the fullest extent permitted by law.

17 STANDARD OF PERFORMANCE

The Contractor agrees to act in good faith at all times and in the best interests of the United States Mint and agrees to use its best efforts in performing its duties under this purchase order.

18 SURVIVAL

The covenants contained in this purchase order which, by their terms, require their performance after the expiration or termination of this purchase order shall be enforceable notwithstanding the expiration or other termination of this purchase order.

19 TERMINATION

The United States Mint may terminate this purchase order, in whole or in part, when(1) it is in the best interest of the United States Mint, (2) the Contractor fails to perform, (3) the Contractor fails to make timely delivery of any deliverable, (4) the Contractor fails to meet inspection standards, or (5) the Contractor fails to make adequate progress so as to endanger performance of the purchase order. If this purchase order is terminated, the United States Mint shall be liable only for the purchase order price for completed supplies and services delivered and accepted unless the purchase order is terminated in the best interest of the United States Mint. If the purchase order is terminated in the best interest of the United States Mint, the United States Mint shall be liable for(1) the purchase order price for completed supplies and services delivered and accepted, and (2) for the reasonable costs incurred by the Contractor in good faith resulting from the termination as substantiated by a termination claim from the Contractor submitted to the United States Mint no later than 30 days after Contractor's receipt of the termination notice. Such costs shall not include any lost profit or any special or consequential damages, and shall be limited to the purchase order price less any amounts previously paid by the United States Mint under this purchase order. If termination is due to Contractor failure, the United States Mint may assess damages including reasonable re-procurement costs against the Contractor.

20 TIME IS OF THE ESSENCE

Time is of the essence in the Contractor's performance of its duties under this purchase order. The Contractor's failure to meet applicable deadlines, unless it has obtained a written extension of time from the United States Mint, shall constitute a material breach of this purchase order.

21 TRADEMARK USE

The Contractor shall obtain the United States Mint's written permission prior to any use of the United States Mint's trademarks or logos in any Contractor product, publication, or sales or marketing materials. The United States Mint's trademarks include, but are not limited to, the name of the United States Mint, the United States Mint seal, the United States Mint's Graphic "Coin Flip" Logo, the United States Mint's America the Beautiful Quarters program and products, and United States Mint's coin product trademarks. If permission is granted, the Contractor agrees to submit all materials that would use any United States Mint trademark to the United States Mint for prior written approval before any publication or use. Contractor agrees to follow any applicable United States Mint style guidelines for such use, including but not limited to the United States Mint Brand Identity Guidelines and Visual Identity Guidelines. The Contractor recognizes the great value of the United States Mint's trademarks, service marks and other intellectual property, and acknowledges that such marks and intellectual property have secondary meaning and associated goodwill, that breach of any of the provisions of this paragraph risks irreparable harm to the United States Mint for which there may be no adequate remedy at law, and that in such event the United States Mint will be entitled to equitable relief in the form of an injunction and such other relief as may be available at law or in equity.

22 WAIVER

Neither party's waiver of the other's breach of any term, covenant or condition contained in this purchase order shall be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition in this purchase order.

23 WARRANTIES AND REPRESENTATIONS

a) In addition to any standard commercial warranty provided by the Contractor, Contractor warrants that the goods and/or services comply with all requirements of this contract and are free from defects in workmanship for a period of 3 years after acceptance. Latent defects shall be corrected by the Contractor, notwithstanding the period of the warranty. Failure of the Contractor to correct latent defects shall entitle the United States Mint to correct the latent defect or replace the equipment or supplies and charge the Contractor accordingly.

b) Contractor warrants and represents that all information provided by the Contractor to the United States Mint is and will be true and correct. Contractor further warrants and represents the goods and/or services delivered do not infringe upon any copyright, trademark or patent right found in Federal or state law and that all goods and/or services delivered or provided under this contract were manufactured or provided in compliance with United States law and regulations and any applicable local law. Contractor acknowledges that in entering into this agreement, the United States Mint has specifically relied upon the warranties and representations contained herein. All warranties and representations of Contractor, both express and implied, shall constitute conditions of sale and shall survive inspection, testing, acceptance, payment and use.

c) For goods delivered under this contract, Contractor warrants clear title to all goods and, upon delivery, acceptance and payment by the United States Mint, title shall pass to the United States Mint free and clear of all liens, claims, debts and rights of any third party. Contractor warrants and represents the goods are new, genuine and are not falsely labeled. This paragraph c) does not apply to the delivery of products or parts of products made from United States Mint-furnished material for which the United States Mint retains title.

d) The United States Mint shall give the Contractor notice of any defects or breach of any warranty or representation. At the United States Mint¿s option the United States Mint may 1) have the Contractor correct any defects in the goods and/or services at no cost 2) correct or replace the defective goods or services with similar goods and/or services and charge the Contractor the cost of repair or replacement or 3) make an equitable adjustment to the contract price. Any goods or services corrected by the Contractor shall be subject to this clause to the same extent as goods/services initially provided or performed. In addition, the contractor will be liable for any and all other foreseeable consequential damages, including but not limited to, damages for injuries caused by defective goods or services.

24 CONTRACTOR CONTACT

The person listed below has been designated by the Contractor as the person whom the United States Mint may contact during the period of the purchase order for prompt action on matters pertaining to administration of the contract including negotiation of any proposed changes. This person shall also be responsible for distributing Smoking and other site-specific policies to all contractor employees working at a United States Mint facility and shall serve as the point of contact regarding non- compliance with United States Mint policies. The Contractor Contact for this Purchase Order is: TBD upon award.

25 MATERIAL SAFETY DATA SHEET

A Safety Data Sheet (SDS) is required to be submitted to the local United States Mint Safety Office for approval prior to use of any of the following materials delivered under this contract: abrasives (including grinding wheels), acids, acid inhibitors, asbestos-containing materials, babbitt, biocides (insecticides, bactericide, pesticides, slimicides), caustics (alkalis), cements, chemicals (all), cleaners (all), compressed gases (except air), coolants, cutting fluids, epoxy, gasoline and diesel fuel, insulating materials (insulation, packing materials), lubricants & greases, metals (as additives – cadmium, chromium, nickel, selenium, etc.), paint and coatings (including strippers and thinners), refractories (brick), resins (all – polyester, polyethylene, polyurethane, polyvinyl chloride (PVC), soap and detergents, solder, solvents (all), water treatment compounds (rust inhibitors, algae inhibitors), welding and cutting materials (welding rods).

The SDS shall be prepared in accordance with OSHA standard (29 CFR 1910.1200), including a description of the hazards associated with use of the product and any waste emanating from the product considered hazardous or residual.

26 F.O.B. DESTINATION (Clause #F-024, Apr 2000)

The Contractor shall deliver all supplies to the location designated in this contract free of any expense to the United States Mint.

27 PROGRESS SCHEDULE (Clause #F-028, June 2014)

(a) The Contractor shall, within five (5) days after work commences on the contract or delivery/task order prepare and submit to the Contracting Officer for approval, a progress schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work.

(b) The schedule shall be in the form of a progress chart which indicates appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold payments until the Contractor submits the required schedule.

28 SITE MANAGER (Clause #G-039, Mar 1999)

The Site Manager is responsible for performing technical surveillance at the USBD and shall act in the absence of the Contracting Officer’s Technical Representative (COTR). See United States Mint clause entitled “Contracting Officer’s Technical Representative (COTR)” delineating COTR authority. The Site Manager for this project is TBD upon award.

29 REFUNDS (Clause #G-042, April 2017)

The Contractor agrees that any refunds, rebates, or credits (including any related interest) accruing to or received by the Contractor or any assignee, that arise under this contract and for which the Contractor has received reimbursement, will be paid by the Contractor to the Government within 60 days after knowing that money is due to the United States Mint. The Contractor shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits including any interest. The contractor shall notify the United States Mint via the United States Mint Contract Close-out and Release Letter upon receipt from the Contracting Officer/Contract Specialist.

30 CONTRACTOR PERFORMANCE EVALUATION (Clause #G-044, Oct. 2015)

This contract is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each contract period and at contract completion, a completed Government evaluation shall be forwarded to the Contractor. The Contract may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the related Branch Chief. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance information retrieval system database at www.ppirs.gov.

31 SECURITY PROCEDURES FOR CONTRACTOR EMPLOYEES (Clause #H-044, Feb. 2018)

Contractor employees, representatives and /or subcontractors (hereinafter “Contractor Personnel) may not gain access to United States Mint premises until each such person has successfully undergone preliminary check(s) as set forth herein. For the purposes of security procedures and regulations, the same requirements apply to representatives and subcontractors as to the prime contractors.

(a) General. Contractor personnel, while on United States Mint premises, are subject to and abide by all safety and security regulations of the United States Mint and are required to meet the same personnel security background requirements as United States Mint employees as defined in Directorate of the Treasury Security Manual, TD P 15-71 https://thegreen.treas.gov/programs/security/Pages/publications.aspx and Homeland Security Presidential Directive – 12 (HSPD-12) https://www.dhs.gov/homeland-security-presidential-directive-12. All Contractor Personnel must be U.S. citizens or have lawful permanent resident alien status. For U.S. citizens, required proof of citizenship is a Birth Certificate, Certificate of Birth Abroad, or Certificate of Naturalization. For lawful permanent resident aliens, required proof of status is a Permanent Resident Card. Waivers to this requirement may be approved only on a case-by-case basis and only by the Treasury Director of Security.

(b) All ID badges are referred to as Personal Identity Verification (PIV) credentials. Investigative requirements and PIV Process are in accordance with HSPD-12 which details the standard investigative requirements for hiring all Federal Government and Contractor personnel; it is required that:

1) Everyone issued a PIV credential must have been favorably adjudicated with a fingerprint check via Special Agreement Check (SAC) prior to access to United States facilities.

2) All personnel must be identity-proofed, which means that they must present two forms of identification, one of which must be a state or federally issued photo identification.

3) Contractors shall undergo investigative requirements based on sensitivity of duties as outlined in the Scope of Work or Performance Work Statement

(c) Personal Identity Verification Process for Contractor Personnel

1) Before any Contractor Personnel performs work in a United States Mint facility, they will be required to undergo the PIV process. The Contracting Officer, who is the designated sponsor for all Non- Federal Government Personnel (NFGP), the COR, or specifically delegated Mint employee, will provide to the contractor the PIV Request Form along with the appropriate paperwork for completion of background investigation(s).

2) On or before the start of the Contract services, the Site Manager or COR will escort the contract candidate to the U.S. Mint Protection Directorate PIV office. At that time, the Contractor must bring two forms of identification which will be reviewed for authenticity. On a case by case basis, they may utilize a current government issued identification badge as their picture ID.

3) At the registration (U.S. Mint Protection PIV Office) the identity forms will be authenticated by U.S. Mint Protection personnel; they will also be fingerprinted and photographed.

4) All information on the PIV form must be complete and current. The applicant must be favorably adjudicated prior to performing contracted work at the United States Mint. If derogatory or adverse information is developed during this process the Protection Directorate will make the final fitness determination in regards to approval for hiring and/or access to U.S. Mint facilities.

5) The CO or COR must indicate on the PIV Request Form if the Contractor will be working on or off site, have access to United States Mint systems and the duration of the contracted services.

(d) Contractors who have previously undergone personnel security investigative requirements within the preceding twelve months may, under Continuous Vetting, be subject to further investigation. The Contracting Officer shall notify the Protection Directorate of any changes of the Contractor(s) status.

(e) Protection of Security Records - The information resulting from security investigations conducted on Contractor Personnel will be adequately safeguarded to protect the interest of the Contractor, the individual employee, and the United States Mint. This information shall not be released to anyone without the approval of the United States Mint Police. Requests relative to approval shall be directed to the Contracting Officer.

(f) Personal Identity Verification of Contractor Personnel

1) The Contractor shall adhere to all Logical Access Control requirements of HSPD-12, including but not limited to the use of the Personal Identity Verification Smartcard or a United States Mint approved alternative to access all United States Mint Information Systems, including remote access.

2) PIV Badges shall be visible at all times. Upon the date of termination of United States Mint services, all Contractor Personnel under the terminated contract possessing a United States Mint-issued identification badge, shall ensure that the United States Mint badge is surrendered to the United States Mint COR or United States Mint Police. The United States Mint shall retain $150.00 of monies due under the contract for each individual Contractor Personnel badge that is not surrendered to the United States Mint COR or Protection Directorate.

(g) Required Investigation Forms:

1) All information on the form must be complete, current and correct. If the preliminary check(s) disclose unfavorable information, the Subject will be considered ineligible for employment with the United States Mint.

2) Contractor Personnel shall complete the below listed forms:

i. Mint Form 5009, Request for Pre-Appointment Investigation

ii. Notarized copy of United States Naturalization Forms (Only naturalized U.S. citizens born outside the United States must provide this.)

iii. U.S. Mint PIV Request Form

iv. Other forms as required by the Protection Directorate

3) The contractor will be notified by the Protection Directorate with instructions and the web link to complete the following investigation forms:

a) Standard Form 85, Questionnaire for Non-Sensitive Positions

b) Standard Form 85P, Questionnaire for Public Trust

c) Standard Form 86, Questionnaire for National Security Positions

(h) Furthermore, a security clearance recognized by the United States Mint to Contractor Personnel is intended to be effective for the duration of the Contractor Personnel performance.

32 PASSES AND BADGES Clause #H-046, Feb. 2018

While on United States Mint premises all Contractor Personnel shall wear a United States Mint-issued Contractor Personnel identification badge. The badge shall be visible at all times and reflect, at a minimum, the person's name and expiration date.

33 NON-DISCLOSURE AGREEMENT Clause #H-047, Feb. 2018

The Contractor shall complete, and require their employees and subcontractors to complete, applicable United States Mint Non-Disclosure Agreements prior to obtaining access to any sensitive United States Mint information or systems, including the United States Mint Mailing List, contract documents, accounting records, personnel records, automated systems, plans/drawings, etc.

34 UNITED STATES BULLION DEPOSITORY Clause #H-135, Feb. 2018

Contractor access to the Bullion Depository requires at a minimum, a SECRET security clearance granted by an authorized adjudication activity (ex. Defense Security Service). Instances where contractors do not possess the required clearance, sponsorship actions will be considered after execution of the DD Form 254, Contract Security Classified Specification. Guidance and instructions, when necessary, shall be provided by the Contracting Officer.

35 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS Clause I-037 The Contractor shall comply with the applicable requirements of Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 7671h) as each or both apply to this contract.

36 EQUAL EMPLOYMENT OPPORTUNITY Clause I-042, JAN 2017

The Contractor shall comply with this clause if it has been awarded a contract or purchase order that has an aggregate value in…