36C25923Q0626_1.docx

36C25923Q0626

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

442-23-2-529-0085

36C259-23-AP-2467

06-26-2023 Heather Clemons 303-712-5772 07-05-2023

5:00 PM

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

238220 $16.5 Million

N/A

36C442

Department of Veterans Affairs Cheyenne VA Medical Center 2360 E. Pershing Blvd Cheyenne WY 82001 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 (877)353-9791 (512)460-5221

See CONTINUATION Page Airflow Test and Balance Service

All questions must be submitted to heather.clemons@va.gov and received no later than 12:00pm MDT 06/29/2023.

An amendment will be posted no later than 3:00pm MDT on 06/30/2023 with answers to the submitted questions.

All offers must be submitted to heather.clemons@va.gov and received no later than 5:00pm MDT on 07/05/2023.

In order for offer to be considered, clause 852.219-75 MUST be completed, signed and returned with offer.

Estimated period of performance:

Base Year 07/12/2023 - 07/11/2024 Option Year 1 07/12/2024 - 07/11/2025 Option Year 2 07/12/2025 - 07/11/2026 Option Year 3 07/12/2026 - 07/11/2027 Option Year 4 07/12/2027 - 07/11/2028

See CONTINUATION Page

LOA# 442-3630162-529-850100-2660 010055590

Table of Contents

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:

Name/Title:

Email:

Address:

Phone:

DUNS Number:

Cage Code:

TAX ID:

b. GOVERNMENT:

Contracting Officer Heather Clemons, heather.clemons@va.gov Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Contract Specialist Heather Clemons, heather.clemons@va.gov Department of Veterans Affairs Network Contracting Office

NCO 19

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

FSC e-Invoice Contact Information: (877) 353-9791 FSC e-Invoice email: vafsccshd@va.gov https://www.tungsten-network.com/customer-campaigns/veteransaffairs

B.2 STATEMENT OF WORK

36C25923Q0626

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The Contractor shall provide annual airflow Test and Balance (TAB) services for the Cheyenne VA Healthcare System. TAB services will include annual measurements and report for the Sterile Processing Department (SPS) as well as three 8-hour days of as-needed TAB assistance. Measurements will be taken at three facilities in the Cheyenne VA Health Care System to include the Cheyenne VA Medical Center located at 2360 East Pershing Blvd., Cheyenne, WY 82001, the Loveland CBOC located at 5200 Hahns Peak Dr., Loveland, CO 80538, and the Northern Colorado Outpatient Clinic located at 4575 Byrd Drive, Loveland, CO 80538. The three 8-hour days of as-needed TAB assistance will occur at the Cheyenne VAMC and will occur in conjunction with the annual visit.

SPS spaces shall be TABed each year to include 52 spaces at the Cheyenne VAMC, 2 spaces at the Loveland CBOC, and 16 spaces at the Northern Colorado Outpatient Clinic. A “SPS TAB Report” will be provided each year for these spaces separate from the TAB report for the as-needed areas.

1) Required Experience and Credentials Test and balance contractor shall be a certified member of Associated Air Balance Council (AABC), National Environmental Balancing Bureau (NEBB), or Testing, Adjusting and Balancing Bureau (TABB) and have a minimum of three years’ experience in the test and balance (TAB) trade. Technician performing work must have a minimum of three years’ experience with healthcare facilities and be familiar with VA or other Federal Government facilities and procedures. Certification and resumes shall be provided.

2) Work to be Provided The Contractor shall provide TAB services of the HVAC systems to maintain the facilities in operational compliance with Joint Commission requirements and the VA HVAC Design Manual requirements. HVAC equipment includes items such as: Air Handling Units (AHUs), Rooftop Units (RTUs), Fan Coil Units (FCUs), Make Up Air Units (MAUs), exhaust fans, kitchen hoods and all Grille, Registers, & Diffusers (GRDs). Annual measurements and reports will be provided for the SPS areas as outlined below. The scope for the as-needed TAB will be determined before the contractor’s annual visit so they can ensure they have the required equipment. As-builts of existing HVAC systems for the TAB contractor’s use will be provided to the successful contractor upon contract kickoff. If the TAB contractor encounters existing conditions that differ from the plans provided, they shall redline the plans and return to the VA. The Cheyenne campus utilizes a JCI Metasys Building Automated Control System and most of the system is on DDC. The Loveland CBOC on Hahns Peak Dr. is a Trane Air-Fi system. The Northern Colorado Outpatient Clinic on Byrd Drive is a Siemens Desigo CC system. Both the Loveland CBOC and the Northern Colorado Outpatient Clinic are leased properties, and the VA does not have access to their Building Automated Controls systems. Test and Balance visits to these facilities will be coordinated with the property managers for assistance as needed with the BAS.

1. SPS Airflow Measurement and Documentation

a. Every year the contractor shall TAB 52 spaces at the Cheyenne VAMC (49 spaces identified on the appended “Cheyenne SPS TAB Map” and 3 to be determined spaces), 2 spaces at the Loveland CBOC, and 16 spaces at the Northern Colorado Outpatient Clinic (12 spaces identified on the appended “NoCo Clinic SPS TAB Map” and 4 to be determined spaces). Contractor shall provide a separate “SPS TAB Report” annually for these spaces.

b. The TAB contractor shall reference the VA HVAC Design Manual (available at this link: https://www.cfm.va.gov/til/dManual/dmHVAC.pdf) to determine and calculate the number of Air Changes per Hour (ACH) and the number of outside-air ACH required for all spaces. The contractor shall be responsible for measuring the spaces to obtain room volume needed to preform these calculations. They shall also use the VA HVAC Design Manual document to determine the required pressure relationship requirements between spaces. The required air change rates and pressure relationship requirements shall be clearly indicated on the TAB report for each space along with the actual readings for comparison. Coordinate with the facility POC to re-balance any space not meeting requirements. If the space is still not able to meet requirements it shall be clearly identified on a separate “Deficiency Report” will be produced for all the spaces not meeting air change and/or pressure relationship requirements in accordance with the most recent VA HVAC Design Manual requirements.

c. The TAB report shall include details for each space including, but not limited to, room number, room name, system served by, required air change rate outdoor air, required air change rate total, required pressure relationship/ differential, actual air changes rates (outdoor air and total) and actual pressure relationship/ differential.

d. Note any observed device deficiencies in the report such as broken or out of adjustment drive belts, misaligned sheaves, excessive noise, vibration, dirty coils, dirty filters, etc.

2. As-needed TAB Assistance

a. The facility POC will coordinate the as-needed TAB areas prior to the annual scheduled visit. Contractor will complete as much test and balance, and corrective balancing, as coordinated during the three 8-hour days. Contractor will provide a TAB report for the areas meetings the requirements outlined in the section above for SPS Airflow Measurement and Documentation. As-needed TAB assistance will only occur at the Cheyenne VA Medical Center facility, not the Loveland or Northern Colorado Outpatient Clinics.

II. PERIOD OF PERFORMANCE. Contract shall be for one year with an option to renew for up to four (4) additional years thereafter on an annual basis.

III. HOURS OF WORK AND SCHEDULING. The work will be performed Monday through Friday from 8am to 4:30pm. The majority of the work will have minimal impact on the operation of the VA Medical Center. Any potential disruption to ongoing medical center operations shall be coordinated 2 weeks in advance and shall be subject to review and approval by the Contracting Officer Representative (COR). Any other disruption of operations in any building shall be scheduled at least one week in advance with the COR. Work shall be scheduled to allow continuous operation of all facilities to the greatest extent possible. Access to areas such as Operating Rooms will need to be closely coordinated with the COR.

IV. COMPLIANCE AND SECURITY. The contractor shall be fully responsible for compliance with all VA, local, state, and Federal environmental/occupational safety laws, rules and regulations. The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working processes; example: lockout/tagout. All work for the duration of the contract shall be performed by trained technicians. All safety measures shall be approved as adequate by the safety officer in advance.

1. Contractors shall comply with all VA badging requirements so they may provide unescorted services around the facility to perform their duties. Contractors will be escorted by VA personnel in secured departments or sensitive areas as needed.

2. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

3. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

4. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

5. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

6. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Contracting Officer or Contracting Office Representative. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer/ Representative. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

7. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

9. The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

10. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

12. Training. All Contractor employees and subcontractors assigned to this contract who create, work with, or otherwise handle records are required to take VA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

V. CONTRACTOR EMPLOYEES. Contractor personnel shall always present a neat appearance. Contractors shall provide all tools and equipment necessary to complete work, such as ladders.

VI. CONTRACT ADMINISTRATION DATA

Federal Legal Holidays This facility observes all federal holidays.

VII. CONTRACT LINE ITEMS:

See B.3 Price / Cost Schedule VIII. CERTIFICATION REQUIREMENTS: All technicians performing work must have a minimum of three years’ experience with healthcare facilities and / or other Federal Government facilities as well as AABC, TABB or NEBB certified.

1. Contractor must notify COR regarding any change of technician along with submitting the resume of new technician a minimum of five (5) business days before service.

B.3 PRICE/COST SCHEDULE

POP: Base Year 07/12/2023 – 07/11/2024

Contract Period: Base POP Begin: 07-12-2023 POP End: 07-11-2024 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Base POP Begin: 07-12-2023 POP End: 07-11-2024 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Base POP Begin: 07-12-2023 POP End: 07-11-2024 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Base POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

POP: Option Year 1 – 07/12/2024 – 07/11/2025

Contract Period: Option Year 1 POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 1 POP Begin: 07-12-2024 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 1 POP Begin: 07-12-2024 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 1 POP Begin: 07-12-2024 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

POP: Option Year 2 – 07/12/2025 – 07/11/2026

Contract Period: Option Year 2 POP Begin: 07-12-2025 POP End: 07-11-2026 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 2 POP Begin: 07-12-2025 POP End: 07-11-2026 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 2 POP Begin: 07-12-2025 POP End: 07-11-2026 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 2 POP Begin: 07-12-2025 POP End: 07-11-2026 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

POP: Option Year 3 – 07/12/2026 – 07/11/2027

Contract Period: Option Year 3 POP Begin: 07-12-2026 POP End: 07-11-2027 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 3 POP Begin: 07-12-2026 POP End: 07-11-2027 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 3 POP Begin: 07-12-2026 POP End: 07-11-2027 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 3 POP Begin: 07-12-2026 POP End: 07-11-2027 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

POP: Option Year 4 – 07/12/2027 – 07/11/2028

Contract Period: Option Year 4 POP Begin: 07-12-2027 POP End: 07-11-2028 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 4 POP Begin: 07-12-2027 POP End: 07-11-2028 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 4 POP Begin: 07-12-2027 POP End: 07-11-2028 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

Contract Period: Option Year 4 POP Begin: 07-12-2027 POP End: 07-11-2028 PRINCIPAL NAICS CODE: 238220 – Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: H941 - Other Quality Control, Testing, and Inspection - Refrigeration, Air Conditioning, and Air Circulating Equipment

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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:

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.