RFQ 36C25623Q1893.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Central Arkansas Veterans Healthcare System Walk-In Cooler/Freezer Replacements

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056

SOLICITATION NUMBER* 36C25623Q1893

RESPONSE DATE/TIME/ZONE 09-27-2023 12pm CENTRAL TIME, CHICAGO, USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* 4110

NAICS CODE* 333415

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Orita A. Jarvis Orita.Jarvis@va.gov

(281) 795-7362

PLACE OF PERFORMANCE

ADDRESS Central Arkansas Veterans Healthcare System Main Building 4300 West 7th Street Little Rock AR

POSTAL CODE 72205

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://vaww.va.gov URL DESCRIPTION VA Homepage AGENCY CONTACT’S EMAIL ADDRESS Orita.Jarvis@va.gov EMAIL DESCRIPTION Contracting Specialist email address

DESCRIPTION

This is a combined synopsis/solicitation for commercial supplies and services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” and FAR 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

The combined synopsis/solicitation number is 36C25623Q1893. This solicitation is issued as a Request for Quotes. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05 published in Federal Register on August 08, 2023.

This solicitation is set-aside for Service-Disabled Veteran-Owned Small Businesses (SD/VOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is 333415, with a small business size standard in employees of 1,250 employees. The PSC is 4110.

Place of Performance:

Address: Central Arkansas Veterans Healthcare System

4300 West 7th Street

Little Rock, AR

Postal Code: 72205

Country: United States

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. All quotes shall be sent to the Point of Contact.

Period of Performance:

Base Year: September 30, 2023 – September 29, 2024

Point of Contact

Contract Specialist, Orita A. Jarvis. Orita.Jarvis@va.gov

Award will be based upon Lowest-Price Technically Acceptable (LPTA) of quotes in accordance with the Lowest Price Technically acceptable source selection process of FAR 15.101-2. All quotes shall remain valid for 120 calendar days.

***Site Visit***

The site visit for this requirement is scheduled for Friday, September 22, 2023, at 10 AM CST, Main Entrance Green Atrium, located at 4300 West 7th Street, Little Rock, AR 72205.

Submission of your response shall be received no later than 12:00 PM CST, Wednesday September 27, 2023, at Orita.Jarvis@va.gov. Hand delivery will not be accepted. Questions shall be submitted no later than 12:00 noon CST, Monday, September 25, 2023.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

The following solicitation provisions and clauses apply to this acquisition:

The provision at FAR 52.212-1, Addendum to Instructions to Offerors–Commercial Products and Commercial Services”

The provision at 52.212-2, Addendum Evaluation – Commercial Products and Commercial Services applies to this acquisition.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2, starting first with FAR and followed by VAAR.

All offers shall include a completed copy of the provision at FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items”

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all provisions incorporated by reference in numeric order under 52.252-1, starting first with FAR and followed by VAAR.

Attachments:

Attachment 1: Statement of Work (SOW)

Attachment 2: JLM Walk-in Coolers Ground Floor

Attachment 3: JLM Walk-in Coolers 1st Floor

Attachment 4: JLM Walk-in Cooler 2nd Floor

Attachment 5: Wage Determination

36C25623Q1893

Table of Contents

Combined Synopsis Description

SECTION B - CONTINUATION OF COMBINED SYNOPSIS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 47

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.12 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 See attached document: SOW CAVHS Walk-in Cooler Freezer Replacements D.2 See attached document: JLM WALK-IN COOLERS GROUND FLOOR D.3 See attached document: JLM WALK-IN coolers for 1st floor D.4 See attached document: JLM WALK-IN cooler 2nd floor D.5 See attached document: Wage Rate Determination 2015-5117 Pulaski County

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Jackie Merriman

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] 30 Days in arrears after receipt of deliverables, Inspection and Acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA Financial Services Center https://www.tungsten-network.com

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

325.00 HR _______________ _______________

WALK-IN COMBO (Cooler/Freezer) BOX #1 - REMOVAL

AND DISPOSAL OF EXISTING

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment MANUFACTURER PART NUMBER (MPN): Removal

1.00 EA _______________

WALK-IN COMBO (Cooler/Freezer) BOX #1 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment MANUFACTURER PART NUMBER (MPN): Walk-in Combo Box

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RWO350L4SGA

RUSSELL EV3 3F ELE230 2SPD STOCK

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6E121DDA

KE2 RSV130 STEPPER VALVE W/STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): 21161

2.00 EA _______________

SPORLAN 4122-00 1/2" ODS S VLV

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): E6S140-HP

SPORLAN 311515 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): MKC-2-208-240

KE2 MOUNTING BOX FOR KE2 #20178 EVAP

EFFICIENCY CONTROLLER

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): 20687

KE2 EVAPORATOR EFFICIENCY CONTROLLER KIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): 20178

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and

Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN):

RWO300E4SGA

RUSSELL EV3 3F AIR115 2SPD STOCK

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6A235ADA

RSV220 STEPPER VALVE WITH STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): 21163

SPORLAN 310000 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): MKC-1-120

638.00 HR _______________

WALK-IN COMBO (Cooler/Freezer) BOX #1 -

INSTALLATION & STARTUP

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): Installation

219.00 HR _______________

WALK-IN COMBO (Cooler/Freezer) BOX #2 - REMOVAL

AND DISPOSAL OF EXISTING

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

WALK-IN COMBO (Cooler/Freezer) BOX #2 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

RWO130E4SGA

RUSSELL EVAPORATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6A094ADA

KE2 RSV130 STEPPER VALVE W/STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 MOUNTING BOX FOR KE2 #20178 EVAP

EFFICIENCY CONTROLLER

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 EVAPORATOR EFFICIENCY CONTROLLER KIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 3233-00 3/8" ODS S VLV

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): E6S130-HP

SPORLAN 310000 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RWO250L4SGA

RUSSELL EV3 2F ELE230 2SPD STOCK

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6E090DDA

SPORLAN 310156 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): MKC-1-208-240

367.00 HR _______________

WALK-IN COMBO (Cooler/Freezer) BOX #2 -

INSTALLATION & STARTUP

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

141.00 HR _______________

WALK-IN COOLER #3 - REMOVAL AND DISPOSAL OF

EXISTING

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

WALK-IN COOLER #3

Warm Air Heating Equipment and Commercial and Industrial

Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment MANUFACTURER PART NUMBER (MPN): Walk-in Cooler

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

RWO130E4SGA

RUSSELL EVAPORATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6A094ADA

KE2 RSV130 STEPPER VALVE W/STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 MOUNTING BOX FOR KE2 #20178 EVAP

EFFICIENCY CONTROLLER

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 EVAPORATOR EFFICIENCY CONTROLLER KIT

Warm Air Heating Equipment and Commercial and Industrial

Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 3233-00 3/8" ODS S VLV

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 310000 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

271.00 HR _______________

WALK-IN COOLER BOX #3 - INSTALLATION & STARTUP

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

300.00 HR _______________

WALK-IN COMBO (Cooler/Freezer) BOX #4 - REMOVAL

AND DISPOSAL OF EXISTING

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

WALK-IN COMBO (Cooler/Freezer) BOX #4 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

RWO150E4SGA

RUSSELL EV3 2F AIR115 2SPD STOCK

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6A130ADA

KE2 RSV130 STEPPER VALVE W/STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 MOUNTING BOX FOR KE2 #20178 EVAP

EFFICIENCY CONTROLLER

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 EVAPORATOR EFFICIENCY CONTROLLER KIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 3233-00 3/8" ODS S VLV

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 310000 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RWO400L4SGA

RUSSELL EV3 3F ELE230 2SPD STOCK

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6E121DDA

RSV220 STEPPER VALVE WITH STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): 21163

SPORLAN 4122-00 1/2" ODS S VLV

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): E6S140-HP

SPORLAN 311515 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): MKC-2-208-240

276.00 HR _______________

WALK-IN COMBO (Cooler/Freezer) BOX #4 -

INSTALLATION & STARTUP

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

176.00 HR _______________

WALK-IN COOLER #5 - REMOVAL AND DISPOSAL OF

EXISTING

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

WALK-IN COOLER #5

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment MANUFACTURER PART NUMBER (MPN): Walk-in Cooler

RUSSELL CONDENSING UNIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

RWO150E4SGA

RUSSELL EV3 2F AIR115 2SPD STOCK

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): RL6A130ADA

KE2 RSV130 STEPPER VALVE W/STATOR

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

KE2 MOUNTING BOX FOR KE2 #20178 EVAP

EFFICIENCY CONTROLLER

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial

KE2 EVAPORATOR EFFICIENCY CONTROLLER KIT

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 3233-00 3/8" ODS S VLV

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

SPORLAN 310000 COIL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

263.00 HR _______________

WALK-IN COOLER BOX #5 - INSTALLATION & STARTUP

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

4.00 EA _______________

Refrigeration Truck Rental PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial

5.00 EA _______________

Freight PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

100.00 EA _______________

Material Conveying PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

325.00

MARK

FOR:

Joshua Martin

(501) 257-1932 joshua.martin3@va.gov

0002 SHIP TO: Central Arkansas Veterans Healthcare System 4300 West 7th Street Room GC-167 Little Rock, AR 72205

USA

1.00 03/30/2024

FOR:

Joshua Martin

0003 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

MARK

FOR:

Joshua Martin

0004 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0005 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0006 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

2.00 03/30/2024

FOR:

Joshua Martin

0007 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0008 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

Joshua Martin

0009 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0010 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0011 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0012 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0014 SHIP TO: Central Arkansas Veterans

4300 West 7th Street

Room GC-167

Joshua Martin

638.00

Joshua Martin

219.00

Joshua Martin

0017 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0018 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0019 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0020 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

Joshua Martin

0021 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0022 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0023 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0024 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0025 SHIP TO: Central Arkansas Veterans Healthcare System 4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0026 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0029 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

367.00

Joshua Martin

141.00

Joshua Martin

0032 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

MARK

FOR:

Joshua Martin

0033 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0034 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0035 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

1.00 09/29/2024

FOR:

Joshua Martin

0036 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0037 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

Joshua Martin

0038 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

0039 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room GC-167

FOR:

Joshua Martin

271.00

Joshua Martin

300.00

Joshua Martin

0042 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0043 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

Joshua Martin

0044 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0045 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0046 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0047 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0048 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

Joshua Martin

0049 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0050 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0051 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0052 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0053 SHIP TO: Central Arkansas Veterans Healthcare System 4300 West 7th Street Room 1B161

FOR:

Joshua Martin

0054 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 1B161

FOR:

Joshua Martin

276.00

Joshua Martin

176.00

Joshua Martin

0057 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

FOR:

Joshua Martin

0058 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

MARK

FOR:

Joshua Martin

0059 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

FOR:

Joshua Martin

0060 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

FOR:

Joshua Martin

0061 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

FOR:

Joshua Martin

0062 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

FOR:

Joshua Martin

0063 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

Joshua Martin

0064 SHIP TO: Central Arkansas Veterans

4300 West 7th Street Room 2E109

FOR:

Joshua Martin

263.00

Joshua Martin

4.00

Joshua Martin

5.00

Joshua Martin

100.00

Joshua Martin

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(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. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or 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) Interest.

(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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 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 within 30 days;

(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 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.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Occupational Safety and Health Administration (OSHA) U.S. Department of Veterans Affairs HVAC as to U.S. Dept. of VA HVAC Design Manual 2017 (pg. 6-184).

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Occupational Safety and Health Administration (OSHA)

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38…