36C25926Q0467_1.docx

36C25926Q0467

RFQ 36C25926Q0467

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

36C25926Q0467 05-07-2026 Orrellius Williams 918-252-8812 05-19-2026 13:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 811210 $34 Million N/A X Department of Veterans Affairs Oklahoma City VA Health Care System 921 NE 13th St.

Oklahoma City OK 74012 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide Ice Machine Preventative Maintenance and Services for the Oklahoma City VA Health Care System Please email responses to orrellius.williams@va.gov by date and time in Block 8.

The Offeror in block 17a certifies that:

1. it is an SDVOSB concern, eligible under VAAR subpart 8 subpart 819.7003

2. it remains small for the size standard set for this procurement in block 10 of SF1449 Evaluation of Solicitation:

1. Price

2. Technical Capability Please see FAR 52.212-2 section of the Solicitation for technical capability requirements.

For consideration please sign Limitations of Subcontracting Affirmation.

See CONTINUATION Page X Orrellius Williams Contracting Officer

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:

b. GOVERNMENT: Contracting Officer 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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.

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

B.2 PERFORMANCE WORK STATEMENT (PWS)

36C25926Q0467

Page 1 of Page 1 of B.2 – Scope of Work Oklahoma City VA Health Care System

1. GENERAL DESCRIPTION:

The purpose of this contract is to provide the Oklahoma City VA Health Care System with comprehensive preventative maintenance and cleaning services for its inventory of ice machines. The facility has a fleet of 54 individual ice machine units requiring semi-annual maintenance per each unit’s OEM and the hospital’s infection control management plan.

2. LOCATIONS:

1) OKC VA Medical Center 921 NE 13th street

OKC OK 73104

2) Lawton Main 4303 Pitman St.

Ft Sill OK 73503

3. SERVICES AND DELIVERABLES:

a) The contractor shall supply all labor, materials, and other supplies needed to complete all required maintenance, testing, inspections, and cleaning in accordance with each machine’s OEM.

b) The contractor shall be expected to perform contracted services onsite at the VA medical centers listed. The VA medical facility will not provide any materials, parts, or tools to the contractor; the VA will only provide a space for the contractor to perform the preventative maintenance services within the Engineering shops on an incremental basis.

c) Work shall not be performed at the same location where each ice machine sits throughout the facility. The contractor shall be expected to go to each respective ice machine location and move it to the designated location within the Engineering shops to perform maintenance so that no interruptions occur throughout the facility.

d) In addition to performing maintenance on each of the ice machines, the contractor shall be expected to maintain a detailed log showing clearly when each unit’s preventative maintenance was performed, the locations that the unit was placed back in the facility, and the next due date for maintenance/cleaning based on a semi-annual interval. The documentation that the contractor keeps must be in two forms.

a. First, a hard copy log showing the dates completed with each respective technician’s handwriting (do not pencil whipped).

b. Second, a digital Excel file showing the current inventory of ice machines and their respective locations.

e) Upon completion of each PM interval, the contractor shall be expected to remove any old stickers from each individual ice machine before placing the new PM sticker on the unit in a clearly visible location. The PM sticker must indicate with no ambiguity as to when the next due date is for the unit’s PM. Sticker dates must adhere to the following formats: “DAY-MONTH-YEAR” (e.g., 15-MAR-2026).

f) The contractor’s preventative maintenance program shall include, but not limited to, the following actions during each semi-annual service:

a. Vacuum/brush dust and lint on condenser coils to maintain efficiency

b. Clean and sanitize ice scoops for proper hygiene

c. Wipe dispensers, buttons, doors, drip trays and bin exterior using hospital-grade disinfectants

d. Apply suitable sanitizing cleaning solution (e.g., Follett Solution A) to remove mineral buildup

e. Use a mild, manufacturer-approved detergent and warm water to scrub interior components (e.g., bin walls, scoop holder, ice chute)

f. Apply suitable descaling solution to remove chemical build ups

g. Rinse with sanitizer solution (e.g., Follett Solution B) as per guidelines

h. Empty ice container bin and dispose of leftover ice—do not refreeze or reintroduce to machine

i. Rinse thoroughly with potable water to remove residue (allow drying before producing fresh ice and discard first batch after cleaning to ensure no sanitizer remains)

j. Ensure procedures include water line inspection, filter replacement, mechanical parts check, and adherence to infection-control standards

k. Use no-touch dispensers when possible; discourage hand contact with ice

l. Maintain detailed records of maintenance to support infection prevention audits

g) In addition to the digital and hard copy deliverable, the preventative maintenance report shall cite each individual OEM’s maintenance requirements/recommendations to ensure that the minimum baseline services are provided to the VA. The digital report shall be provided to the VA following each 6-month service increment. The document shall show the specific date PMs were completed, the dates printed on the PM sticker, the name of the technician who performed the service, and the VA representative reviewed the work. Again, all PM stickers must be placed on an easily visible spot on the unit.

Oklahoma City VA Medical Center

Lawton Main Outpatient Clinic

4. TECHNICAL REQUIREMENTS:

The contractor’s personnel must be certified per EPA’s Section 608 Technical requirements for the appropriate type of appliance under this contract’s scope. The workers performing shall have an active credential for Type I and Type II equipment. If technicians report to the VA medical center without these certifications proven in advance, services under this contract shall be refused and rescheduled at no cost to the VA. The contractor must furnish technicians who actively hold the required certifications per this scope of work document.

5. CLIN – COST LINE ITEMS:

To

31-MAY-2027

To

31-MAY-2027

To

31-MAY-2028

31-MAY-2028

To

31-MAY-2029

31-MAY-2029

To

31-MAY-2030

31-MAY-2030

To

31-MAY-2031

31-MAY-2031

6. PERIOD OF PERFORMANCE:

a. Base Year: 1-JUNE-2026 to MAY-31-2027

b. Option Year 2: 1-JUNE-2027 to 31-MAY-2028

c. Option Year 3: 1-JUNE-2028 to 31-MAY-2029

d. Option Year 4: 1-JUNE-2029 to 31-MAY-2030

e. Option Year 5: 1-JUNE-2030 to 31—2031MAY (6-month final extension is optional)

7. CONTACT INFORMATION: Service contact Information given upon award.

8. CONTRACTING OFFICER REPRESENTATIVE (COR):

The contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer unless it is identified by the contract’s scope of work. The Government may appoint a COR. If so, a Delegation of Authority letter will be forwarded to the using service and the Contractor after the contract has been signed. The Delegation of Authority will identify the individual(s) as the COR(s). A COR is someone that is designated and authorized in writing (Delegation of Authority) by the Contracting Officer to perform specific technical or administrative duties. The COR is not authorized to grant permission(s) to change the scope of the project. The COR that is assigned to this contract will ensure that the supplies/services provided by this company are received based on the contractual terms and conditions. Finally, the COR will ensure that your invoices are received and paid timely in the best interest of the contractor.

9. HOURS OF SERVICES:

a. Normal Operational Hours (i.e., 06:00-17:00)

i. Services and inspections shall be performed on weekdays during normal business hours between 06:00 CST to 17:00 CST unless other arrangements have been made with the appropriate representatives.

ii. Normally, work will not be done on federal holidays. A list of federal holidays is at Federal Holidays (opm.gov).

iii. Any work scheduled outside of normal operational hours must be arranged and approved by the VA Health Care System’s Engineering service with at least 48 hours of advanced notice prior to work being performed and at least 14 days of advanced notice prior to any work requiring a system outage.

10. CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

i. The contractor personnel shall report to VA personnel listed in the contacts list to sign-in every time work is being performed on site.

ii. The contractor personnel shall report to VA personnel listed in the contacts list to sign-out before departing the VA facility at the end of each week.

iii. The contractor personnel shall wear an identification badge provided by VA when working under the resulting contract on Federal property.

iv. The general contractor (not agents thereof) shall be required to have an on-site representative while contractor personnel are performing work.

11. GENERAL REQUIREMENTS:

i. All contractors performing work on our VA property on a recurring basis longer than 180 days must be vetted by Personal Identification Verification (PIV) badging. There will be a cost associated ($75.00) with this application requiring a background check for which contractors should account when submitting any formal bids.

ii. All contractors must complete and submit a quality assurance surveillance plan.

iii. All contractor personnel must be US nationals to be permitted onto VA property.

iv. The prime contractor shall provide documentation for all service actions received at the VA Health Care System after inspection and assessment work is completed. A summary of service provided shall be emailed to the COR for documentation and service our tracking.

v. All work shall be done safely and in accordance with OSHA Regulations, VA Directives, and the State of Oklahoma Regulations. The contractor is responsible for ensuring that workplace safety regulations (i.e. OSHA) are always adhered to and that a clean, non-cluttered workspace is maintained upon completion of any installation and maintenance work.

vi. At no time will contractors leave left-over equipment on location when work being performed is not continual 24-hour work unless the Department of Veteran Affairs Personnel has given written permission to the contractor to do so.

vii. The vendor will provide a general schedule of any proposed inspection and assessment work on the medical gas systems and list of calendar days where the contractor’s qualified technician will be on-site to perform work within five (5) days of the start of the contract’s performance period. The maintenance schedules must also be approved by the VA Health Care System’s Engineering Services department.

b. Prior to the start of the contracting period, the primary contractor will be required to meet with the COR five (5) days prior to the beginning of the contract’s services in the Period of Performance to hold an award kickoff meeting to discuss the contents contained within this document to ensure that questions, concerns, and expectations are brought up prior to the start of work to remove any contractual ambiguity during the performance period with the VA.

c. The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free. No weapons are permitted on the premises.

i. All work will be done safely and in accordance with OSHA Regulations, VHA Directives, State of Oklahoma Regulations, and local medical center policies as well as local procedures (e.g., ICRA/PCRA). The contractor will be responsible for ensuring that workplace safety regulations are always followed and that a clean, non-cluttered workspace is maintained upon completion of any installation and maintenance work

d. No weapons are permitted on the premises.

e. The contractor and their personnel shall always wear visible identifications while they are on premises.

f. VA does not provide parking spaces at the work site; parking is not permitted on the campus on a long-term basis.

g. If the contractor is permitted to park on the campus, they must park at the designated location with the appropriate credentials shown on the dash of the vehicle in accordance with the facility’s parking procedures for contractors.

h. If parking is not authorized to the contractor, they are responsible for finding offsite parking to perform the services required under this contract’s scope.

i. The contractor shall take all reasonable precautions necessary to protect people and property from injury or damage during the performance of this contract.

j. The contractor must demonstrate and acknowledge competence in the listed reference documents for this scope of work’s mission objectives.

12. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:

a. Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. The contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d. The contractor shall not retain, use, sell, or disseminate copies of any deliverables that contain information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. The contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. The contractor agrees to comply with federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.]. 36C26321P0052

i. No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

j. 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 this contract. The contractor (and any sub-contractor) is required to abide by government and agency guidance for protecting sensitive and proprietary information.

13. SECURITY REQUIREMENTS

a. Background investigations and special agreement checks: All contractor personnel working on VA property consistently for greater than 180 days are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and will be required to obtain a PIV badge. The level of background investigation commensurate with the level of access needed to perform the performance work statement is PIV badging.

b. This requirement is applicable to all subcontractor personnel requiring the same access.

c. Following contract award, the Contracting Officer will provide the Contractor with forms to complete and guidance regarding the background process.

d. The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

e. The Contractor may have access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”). Pursuant to the Privacy and Security Rules, the Contractor must agree to certain mandatory provisions regarding the use and disclosure of PHI and EPHI.

f. The Contractor shall have access to some privileged and confidential materials of VA. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of VA. Some of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

g. The Contracting Officer (CO) shall be the sole authorized official to release in writing any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the CO for response.

h. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

i. The contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature.

j. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the CO.

k. The contractor shall train all their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

l. All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

14. CHANGES TO CONTRACT

Only those services specified herein are authorized. Before performing any service of a non-contractual nature, Contractor shall contact the COR and Contracting Officer and identify the reason(s) for the additional work and/or service. All changes shall have prior written authorization from a VA Contracting Officer in the form of a written modification. The government may pursue a bilateral modification with the awarded contractor post award to adjust interval frequencies and locations depending on the need of the facility’s requirement.

15. GRAY MARKET PREVENTION LANGUAGE

1. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufacturers or gray market items will be acceptable.

2. The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

3. The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

16. SERVICE CONTRACT LABOR STANDARDS REQUIREMENTS

a. Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below and updated versions will be attached as part of option year exercises or task orders issued against IDIQ contract or BPA as applicable.

b. For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

17. POST-AWARD CONFERENCE

a. Upon award of contract, Contractor shall attend a post-award conference via conference call with the Contracting Officer (CO), Contracting Officer Representative (COR), and COR designated representatives from VA facility.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Oklahoma City VA Medical Center Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Lawton OPC Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Oklahoma City VA Medical Center Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Lawton OPC Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Oklahoma City VA Medical Center Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Lawton OPC Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Oklahoma City VA Medical Center Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Lawton OPC Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Oklahoma City VA Medical Center Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

Recurring Semi-annual Ice Machine Preventative Maintenance Services - Lawton OPC Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031

PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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: