36C26123Q0535.docx

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J041--HVAC Chiller Maintenance Service
Solicitation number
36C26123Q0535
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This is a solicitation for HVAC chiller maintenance services for three Veterans Affairs medical facilities located in Palo Alto, Menlo Park, and Livermore, California. Required services include annual and semi-annual inspections, testing, maintenance, and repairs to chillers. The base period of performance is one year from June 1, 2023 to May 31, 2024, with four one-year option periods. Services must be scheduled and performed within specified timeframes. The contractor must have experience maintaining HVAC equipment in healthcare, industrial, research, and commercial facilities. The solicitation includes detailed equipment inventories, performance work statements, and terms for pricing annual and semi-annual services, additional services, and option periods. The closing date for offers is April 26, 2023.

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36C26123Q0535

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. SIGNAT

URE 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

640-23-1-5051-0006 36C26123Q0535 04-05-2023 Olivia Duarte 559-228-5382 04-26-2023

3:00 PM

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721 X 238220 $16.5 Million N/A X See Performance Work Statement

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page

HVAC

Maintenance Service NOTE: Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

$0.00 See CONTINUATION Page 640-3630162-5051-850100-2543 0100C1A92 X X Rico Johnson Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE15
ITEM INFORMATION15
SECTION C - CONTRACT CLAUSES27
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)27
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)33
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)33
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)33
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS34
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)34
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)34
C.8 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)35
C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)35
C.10 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)35
C.11 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (NOV 2022)35
C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)36
C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)37
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)37
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
SECTION E - SOLICITATION PROVISIONS47
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)47
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)53
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)53
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)54
E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)55
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)55
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)56
52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)56
E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)59

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 36C261: Rico Johnson Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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[x]
c. Other[]

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:

AMENDMENT NO
DATE

Performance Work Statement Chiller Maintenance Service VA Palo alto Health Care System

1. GENERAL INTENTION AND REQUIREMENTS

1.1. General: This Performance Work Statement (PWS) is to obtain inspection, maintenance, testing and repair services Heating, Ventilation, & Air Conditioning Chiller equipment at the Veterans Affairs Palo Alto Health Care System (VAPAHCS), referred to as the Government.

1.2. The Contractor shall provide management, supervision, labor, parts, materials, tools, incidental engineering services, and transportation necessary to perform inspection, maintenance, testing, and repair services to maintain the chiller inventory as originally specified by the equipment manufacturer and/or as modified when a deviation is required. Modifications to perform deviations require written consent of the government’s Contracting Officers Representative (COR) or COR designee.

1.3. The Contractor, without additional expense to the Government, shall obtain all licenses, permits, and insurance required to perform the work in this Contract. Contractor shall comply with all applicable federal, state, and local laws. Evidence of insurance, licenses, and permits shall be provided to the Contracting Officer and COR before work commences.

1.4. Work for this contract is required at three separate VAPAHCS locations. Those locations are Palo Alto Division (PAD), Menlo Park Division (MPD), and Livermore Division (LVD).

1.4.1. Palo Alto Division: 3801 Miranda Avenue, Palo Alto, CA 94304

1.4.2. Menlo Park Division: 795 Willow Road, Menlo Park, CA 94025

1.4.3. Livermore Division: 4951 Arroyo Road, Livermore, CA 94550

1.5. For this contract, the standard operating hours or duty hours are the hours between 7:30 AM to 4:30 PM, Monday through Friday, except Federal Holidays, or 40 working hours per week.

2. CODES and STANDARDS

2.1. Publications listed below form a part of this Contract. Elevators shall meet the requirements of current code editions published, all manufacturer guidelines, Veteran’s Affairs (VA) memorandums, and industry standards, as applicable, and in the case of conflicting standards the most stringent shall apply.

2.1.1. OSHA Standard 29 CFR 1910

2.1.2. International Building Code (IBC)

2.1.3. National Fire Protection Association (NFPA)

2.1.3.1. NFPA 70 – National Electrical Code (NEC)

2.1.3.2. NFPA 70E – Electrical Safety in the Workplace

2.1.3.3. NFPA 72 – National Fire Alarm and Signaling Code

2.1.3.4. NFPA 101 – Life Safety Code

2.1.3.5. NFPA 99 – Health Care Facilities Code

3. DEFINITIONS & ACRONYMS

3.1.1. ANSI – American National Standards Institute

3.1.2. ASME – American Society of Mechanical Engineers

3.1.3. CO – Contracting Officer

3.1.4. COR - Contracting Officer Representative

3.1.5. FAR – Federal Acquisition Regulation

3.1.6. HEPA – High Efficiency Particulate Air filter

3.1.7. MSDS – Material Safety Data Sheet

3.1.8. MOD – Modification of contract

3.1.9. NEC – National Electric Code

3.1.10. NFPA - National Fire Protection Association

3.1.11. NTP – Notice to Proceed

3.1.12. OEM - Original Equipment Manufacturer

3.1.13. OSHA - Occupational Safety and Health Administration

3.1.14. PO – Purchase Order

3.1.15. POC - Point of Contact

3.1.16. PM - Preventative Maintenance

3.1.17. PMI - Preventative Maintenance Inspection

3.1.18. PPE – Personal Protective Equipment

3.1.19. PWS - Performance Work Statement

3.1.20. QASP – Quality Assurance Surveillance Program

3.1.21. QCP – Quality Control Program

3.1.22. VA – United States Veterans Affairs

3.1.23. VAPAHCS - Veterans Affairs Palo Alto Health Care System

4. EXCLUSIONS

4.1. Equipment, components, and parts not installed under this Contract shall not be removed, replaced, or deficiencies corrected while still under the manufacturers or installer’s warranty, without prior approval of the COR.

4.2. Installation of new attachments recommend or required by inspectors, insurance agencies, or VA/Government Authorities.

4.3. There shall be no borrowing of parts (i.e., removing of parts from one PEC, whether in it is in service or not, to correct a deficiency on another PEC) except in an emergency or with written consent from the COR.

5. GOVERNMENT FURNISHED PROPERTY, MATERIALS, and SERVICES

5.1. The Government will not provide office space or operational facilities to the Contractor. The Contractor shall secure and maintain the necessary office space and other facilities required for performance of this Contract at their own expense.

5.2. The Government will not provide tools or equipment to the Contractor. The Contract shall furnish all tools required for the performance of this Contract.

5.3. The Government will not provide any materials to the Contractor.

5.4. The Government will furnish the following services at existing outlets, for use in those facilities provided by the Government and as required for the work to be performed under this Contract: electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points). Disposal of equipment and construction debris is the responsibility of the Contractor.

6. CONTRACTOR REQUIREMENTS

6.1. Contractor shall have technical training, track records of working experience in maintenance, inspection, testing and repairing of HVAC Chiller equipment. Experience shall be within healthcare, industrial, research, educational and commercial facilities for a minimum of five (5) years.

6.2. Contractor’s technicians shall possess certificates on equipment which work will be performed. Certificates and documents shall be presented with submission package. VA reserves the right to request proof of appropriate training and experience from vendor/contractor personnel for servicing the equipment on the schedule for the duration of the contract. Contractor shall provide certificates and documents within two days of request.

6.3. The Contractor shall provide a Contract manager who shall be responsible for performance of the contract work. Name of the Contract manager and an alternate shall be designated in writing to the CO/COR prior to contract start date. Changes to personnel shall be submitted to the Government within five (5) workdays of the changes. The Contract Manager or alternate shall have full authority to act on contract matters relating to daily operation of the Contract. The Contract Manager or alternate shall be available to speak/meet with the CO or COR, within 24 hours of request during normal operating hours and or within the next business day.

6.4. The selection, assignment, and management of Contractor’s employees is the responsibility of the Contractor. The Contractor shall not employ any individual identified as a potential threat to the health, safety, security, and general wellbeing, or operation of the VAPHCS facilities or personnel. The Contractor is fully responsible for performance and conduct of his/her employees. The Contractor shall not allow any employee to perform work under this Contract while under the influence of alcohol, drugs, or any other incapacitating agent.

6.5. Contractor service, repair, and replacement staff shall be Journeymen experience along with all other referenced training, certification, and experience within paragraph 6.

6.6. The contractor shall be qualified to work on YORK, TRANE, CARRIER, and McQuay products.

7. BACKGROUND CHECKS and IDENTIFICATION BADGES

7.1. Contractor and Subcontractor personnel working on VAPAHCS facilities must consent to Background Checks or shall be denied access to the VAPAHCS facilities. Information required to conduct a Background Check includes full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

7.2. Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

7.3. Department of Veterans Affairs regulations requires Contractor employees to have a VAPAHCS issued Identification Badge and wear it at all times while at VAPAHCS facilities. ID badges shall be issued by the VAPAHCS security office under its rules for issuance. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and a VAPAHCS issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to COR within 3 working days.

8. EMERGENCY TELEPHONE NUMBERS

8.1. The Contractor shall provide the CO/COR with pertinent emergency telephone numbers to summon assistance in the event of an emergency. At least one of the emergency telephone numbers, and one alternate telephone number. This information shall be provided in writing to the CO/COR.

9. EXISTING DEFICIENCES

9.1. Immediately after contract award and no later than 30-days thereafter, the Contractor and the Government shall conduct a thorough inspection of the inventory (as detailed in Attachment A) and develop a list of existing deficiencies and required corrective actions. The Government will work with the Contractor on developing a cost proposal and plan for making identified corrections/repairs and the Government will pay for the corrective action work under a separate and mutually agreed Purchase Order/Task Order.

9.2. Items to be included in the deficiency list consist of replacement or repair of chiller related equipment, parts and appurtenances located downstream of the service connections. This includes chiller related mechanical, electrical and control systems generally.

9.3. If a deficiency is not identified in the inspection and 45-days have passed since award of the Contract, the deficiency shall be covered under this Contracts terms of service.

9.4. Once the deficiencies identified in Existing Deficiencies, have been corrected, any future service, maintenance or replacement required for these same items will be covered under this Contract.

10. SPECIFIC SERVICES

10.1. Provide inspection, testing, maintenance, and repair to HVAC Chiller equipment inventory. Service shall be within 30 days of the last occurred certification for annual requirements, and within 20 days for semi-annual requirements. The contractor is responsible for scheduling all site visits prior to the end of the month in which they are due. Within fifteen (15) days of award the contractor shall submit a minimum 3 month look ahead on scheduling. Any deviation from this schedule must be approved in advance by the COR.

10.2. The Contractor shall conduct an initial site survey

10.3. The planned preventive maintenance inspection, testing, and services shall verify that the system or device function completely as specified by manufacturer. All site work shall be fully completed and documented during a preventive maintenance inspection and service. All minor repairs and adjustments shall be made at the time of inspection.

10.4. Contractor shall contact COR prior to any service performed. Service reports shall be submitted to the COR and other designees within 5 business days of completion of site work.

10.5. The Contractor shall provide comprehensive maintenance to the chiller inventory to include but not be limited to water side cleaning, refrigeration pressure testing, oil analysis, electrical system inspection/testing, and controls analysis/programming.

10.6. The contractor shall provide all required quarterly and annual inspection, testing, and service requirements per the manufacturer’s requirements & recommendations.

10.7. The contractor shall at a minimum perform annually:

10.7.1. Meg the compressor motor windings, and meg each motor on the chiller assembly

10.7.2. Pressure test the refrigerant system

10.7.3. Clean (brush) the condenser and cooler tubes

10.7.4. Conduct a Cooler & Condenser tube leak test

10.7.5. Full electrical systems check/testing including all controls

10.7.6. RTC (Real Time Clock) battery check and replacement as required

10.7.7. Refrigerant and oil leak inspection

10.7.8. Vacuum test

10.7.9. Vacuum dehydration

10.7.10. Charge refrigerant as required, document all transfers of refrigerant on an approved log

10.7.11. Compressor operations and leak checks

10.7.12. Motor & other mounting anchor inspections and retorque as required.

10.7.13. Perform all quarterly and semiannual requirements as required & recommended by the manufacturer.

10.7.14. Perform and provide a spectrographic oil analysis (including wear metals)

10.7.15. Control panel inspection and adjustment of all sensors and timers.

10.7.16. Inspect and clean air-cooled condensers

10.7.17. Replace worn or failed gaskets

10.7.18. Test solenoid valves, isolate purge tanks, and test for moisture.

10.7.19. Check carbon purifier tank operations

10.7.20. Replace filter drier as needed

10.7.21. Test/inspect Evaporator (pressure drop test)

10.7.22. Variable Frequency Drive (VFD) electrical connection inspection, hot spot mitigation, and part replacement.

10.7.23. Ultrasonic electrical discharge analysis

10.7.24. Scan and email a copy of the last 12-month PM logs to the COR.

10.8. The contractor shall at a minimum perform semiannually:

10.8.1. Replace oil filters

10.8.2. Change compressor oil

10.8.3. Check and tighten mounting screws/bolts

10.8.4. Replace dehydrator (oil return system)

10.8.5. Clean educator nozzle

10.8.6. Prior to and post oil & filter replacements measure/record:

10.8.6.1. Oil levels

10.8.6.2. Oil pressures

10.8.6.3. Oil temperatures

10.8.7. Measure condenser and chilled water pressure levels

10.8.8. Measure condenser and evaporator approaches

10.8.9. Clean condenser on purge unit

10.8.10. Drain and clean water from purge unit

10.8.11. Inspect and service pump-out units

10.8.12. Infrared inspection of electrical distribution (hot spot inspections)

10.8.13. Check and record all temperature and pressure differentials

10.8.14. Perform the following tests and all manufacturer’s recommended testing:

10.8.14.1. Eddy Current Analysis

10.8.14.2. Lithium Bromide Analysis

10.8.14.3. Vibration Oil and Refrigerant Analysis

10.8.14.4. Perform any and all required software/firmware updates and upgrades as required.

10.8.15. Review and maintain logbook.

10.9. The Contractor shall provide one year warranty on all components and equipment from date of installation. Contractor shall label components and equipment with date installed. Contractor shall submit a service ticket containing all details of performed component/equipment installation to include but not be limited to building, room, serial number of equipment, manufacturer, model, and new component installed with date of installation.

10.10. The Contractor shall update and maintain the inventory located in attachment A. Each scheduled inspection shall have each data point validated on the report and updated on the attached inventory. Each year an annual report of inventory will be submitted to the COR within 15 days of the last inventory item certification.

10.11. Contractor shall certify at the completion of each preventive maintenance inspection and service that the item or unit operates per original equipment manufacturers (OEM) specifications.

10.12. The Contractor shall submit field service reports to the COR and other designee(s) after completing the maintenance services.

11. ADDITIONAL SERVICES

11.1. Additional services are defined as any work, requested, and authorized by the Government that is within the scope of this contract but in addition to the contract requirements. Any work of this nature detected by the Contract shall be immediately reported to the COR, but work shall not be performed until the Contractor and the CO or COR as appropriate have reached an agreement on the price to accomplish the project. Work shall be performed immediately, if necessary (i.e., an emergency) although typically a 48-hour notice will be given.

11.2. Labor Costs - The Contractor shall price labor hours within the price quoted in CLIN 1 in Section B, SUPPLIES OR SERVICES AND PRICES. The Contractor’s expenses for overhead, General and Administrative (G&A), and profit are already included in this CLIN. Thus, no separate allowances for travel time, parking, overhead, G&A or profit can be applied.

11.3. Materials and Parts – The Government reserves the right to furnish any or all parts and/or materials required for a particular repair/replacement. If the Contractor furnishes the parts and or materials, the price to be paid shall be on the basis of established catalog or list prices in effect when the parts and/or materials are furnished, less all applicable discounts, but in no event shall such price be in excess of the Contractor’s sale price to his/her most favored customers for the same item in like quantity, or the current market price, whichever is lower.

11.4. All orders for maintenance repair/replacement work must be placed or confirmed by issuance of a SF30. The SF30 will describe the work to be performed, the time for completion, and the total price for the work. In emergency situations oral orders are permitted, which will be confirmed within 5 working days by issuance of a SF30. Orders of $2,500.00 or less may be processed using the Governmentwide commercial purchase card, which is the preferred method to purchase and to pay for micro purchases.

11.5. The Government reserves the right to perform the work using whatever resources are available.

11.6. Contractor shall provide or install only OEM parts.

11.7. Contractor shall inform the COR of any breakdowns, failures, or malfunctioning of equipment immediately and send an email within 24 with service report and proposal for repairs.

11.7.1. Notify the COR, Compliance Officer, and Engineering.

11.7.2. Lock out / Tag out energy sources.

11.7.3. Post notice on unit as follows:

11.7.3.1. Minimum of two in letter in red with white background ‘LOCK OUT - DO NOT USE’.

11.7.3.2. Date

11.7.3.3. Technician Name and Phone number.

11.7.3.4. Owner of hood information.

11.7.3.5. COR information.

11.8. If a dispute between codes, standards, or manufacture recommendation arises the most stringent shall be enforced.

12. SAFETY, INSPECTION, and TESTING

12.1. Injury and Accident Reports

12.1.1. Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease involving an elevator or its maintenance.

12.1.2. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

12.1.3. Contractor shall adhere to OSHA, EPA, NFPA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

12.1.4. Contractor shall provide a detailed explanation as to how contract work will be implemented and managed to ensure compliance with OSHA Construction Standards, Life Safety issues, and security measures. Contractor shall have a Site Safety and Health Officer (SSHO) assigned to the contract/project to ensure their technicians are meeting OSHA requirements. The SSHO shall be well versed in OSHA requirements and regulations. The SSHO will perform regular safety inspections on the job site to ensure technician compliance and quality of work is at a high level, presenting no risks to staff or patrons. Safety inspections will include fall protection and electrical hazards and end with job safety meetings with the entire crew. The Contractor shall provide the CO/COR copies of the safety inspection reports upon request at no additional cost to the Government.

12.1.5. During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VAPAHCS Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAPAHCS smoking policy.

12.1.6. Patient, employee, visitor, and Contractor personnel safety shall be always maintained. The Contractor is responsible for the safety and health of his/her employees. The Contractor shall replace all safety guards, equipment, devices, etc. removed to service or repair the elevator immediately after completion of work or when leaving the job unattended.

12.1.7. The Contractor shall submit to the Contracting Officer, prior to the start of the Contract, the Safety Data Sheets (SDS) for potentially hazardous materials (lubricants, cleaners, fluids, etc.) to be used in the facility during performance of the Contract and will not use materials which have not been approved in advance by the Government. SDS for new chemicals shall be furnished prior to the arrival of the chemical on site. The Contractor shall maintain a copy of all SDS in each elevator machine room to assure compliance with laws and requirements regarding the Right to Know law (OSHA Hazard Communication Standard (29 CFR 1910.1200).

12.1.8. Contractor is responsible to identify, provide and maintain personal protective equipment (PPE) required to perform the duties outlined in the Contract. In addition, the Contractor is responsible for identifying and providing applicable safety programs required to perform the work i.e., lockout/tag out, confined space entry, universal precautions, etc. Training required for safety programs and proper use of PPE shall be provided by employer, and documentation maintained by the Contractor.

12.1.9. The Contractor shall obtain a Hot Work Permit from the Government (VAPAHCS Safety Staff) or the CO/COR in advance whenever soldering, welding, grinding, and using a cutting torch, or other open flame, spark or heat producing equipment is used. The Contractor is required to follow requirements outlined for the issuance of the Hot Work Permit.

12.1.10. Contractor shall be notified of any non-compliance with safety regulations. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the CO/COR or the Government’s Safety Officer, the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work. The Contractor bears all costs of stop-work time and correcting safety hazards.

12.1.11. Contractor shall reinstall guards or equipment panels, removed to perform maintenance, on the equipment before putting it back into service.

13. QUALITY CONTROL

13.1. Contractor shall establish a Quality Control Program to assure the requirements of the Contract are provided as specified. The Contractor shall submit this program to the CO/COR, for acceptance within ten (10) days of Notice to Proceed. The program shall include the following:

13.1.1. An inspection system covering the services described in the Contract. A checklist used for inspecting Contract performance during scheduled or unscheduled inspections and the name(s) of the individual(s) who will perform the inspection.

13.1.2. The checklist shall include every area of the Contractor’s operation as well as every task required to be performed.

13.1.3. A system for identifying and correcting deficiencies before the level of performance becomes unacceptable and/or the Government inspectors point out deficiencies.

13.1.4. A file of inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available to the CO/COR upon request, at any time during the term of the Contract.

13.2. Site Investigation and Conditions Affecting the Work:

13.2.1. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

13.2.2. Contract has the responsibility to make the determination and request a site walk. Failure to perform a site walk shall not relieve the contractor to complete the contract on time and within budget.

14. PAYMENT

14.1. PAYMENT FOR VERIFIABLE WORK COVERED UNDER THE CONTRACT

14.1.1. Payment for work covered under this Contract shall be billed in semi-annually.

14.1.2. Payment will be made in areas of the specified billing period after receipt of a properly prepared invoice, provided all required work, including preventative maintenance, submission of reports and all other requirements for the period in question have been performed in accordance with contract stipulations, and can be verified with service reports signed by the COR or COR designee.

14.1.3. The Contractors failure to schedule and perform a PM within the specified time interval shall be considered non-compliance with terms of contract, and Government will take corrective action as defined the Federal Acquisition Regulations (FAR). Payment withholding will be in compliance with the FAR. Criticality of VTE in a medical facility requires that continued Contractor failure to perform will necessitate holding Contractor in default and the Government obtaining suitable service via separate means.

14.2. PAYMENT FOR WORK NOT COVERED UNDER THHE CONTRACT

14.2.1. Unless otherwise directed by the CO or unless acting in a good faith effort to perform emergency work (i.e., life, safety, entrapment, etc.), the Contractor shall not perform any work outside of the Scope of this Contract without authorization from the CO/COR and the issuance of a separate Purchase Order. Failure to receive prior approval for out-of-scope work will most likely result in the denial of compensation.

15. Attachment A – Inventory - Chillers Attachment B – Contract Security Requirements Attachment C – Past Performance Attachment D – Santa Clara Wage Determination Attachment E – Alameda Wage Determination Attachment F – San Francisco Wage Determination

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination.

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

25.00 ea

Annual Service - HVAC Chiller Maintenance at Palo Alto 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: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

MANUFACTURER PART NUMBER (MPN): NA

Semi Annual Service - HVAC Chiller Maintenance at Palo Alto

POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

6.00

Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

8.00

Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

1.00 yr

___$ 100,000.00___

Additional Services

POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Palo Alto Contract Period: Option 1 POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Palo Alto

POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

___$ 105,000.00___

Additional Services

POP Begin: 06-01-2024 POP End: 05-31-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Palo Alto Contract Period: Option 2 POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Palo Alto

POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

___$ 110,250.00___

Additional Services

POP Begin: 06-01-2025 POP End: 05-31-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Palo Alto Contract Period: Option 3 POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Palo Alto

POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

___$ 115,762.50___

Additional Services

POP Begin: 06-01-2026 POP End: 05-31-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Palo Alto Contract Period: Option 4 POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Palo Alto

POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Menlo Park

POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Semi Annual Service - HVAC Chiller Maintenance at Livermore

POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

____$ 121,550.63___

Additional Services

POP Begin: 06-01-2027 POP End: 05-31-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

GRAND TOTAL

Page 1 of Page 1 of

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…

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