Solicitation 36C26324Q0595.pdf

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

438-24-3-1115-0672

36C26324Q0595 04-10-2024

John Milroy 605-336-3230 04-19-2024

4:00 PM CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

238220

$12.5 Million

N/A

X

Sioux Falls VA Health Care System

Department of Veteran Affairs

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Chiller & Condenser Maintenance for Sioux Falls VA Health

Care System.

Period of Performance

Base Period of Performance: 07/01/2024 to 06/30/2025

Option Year 1: 07/01/2025 to 06/30/2026

Option Year 2: 07/01/2026 to 06/30/2027

Option Year 3: 07/01/2027 to 06/30/2028

Option Year 4: 07/01/2028 to 06/30/2029

At the time of submission of offer, the offeror shall be registered in the Small Business Administration Veteran

Small Business Certification as a Service-Disabled Veteran

Owned Small Business (SDVOSB) and have an active registration in the System for Award Management (SAM).

Failure to submit any of the required information, statement or certifications may result in rejection of the quote further consideration for award.

See CONTINUATION Page

X X

X One

John Milroy

VA-VHA-RPOC-2023-0067

36C26324Q0595

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK: Chiller Maintenance and Repair Services

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

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

(NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

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

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

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)63

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT

2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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 36C263

2501 W. 22nd St.

Sioux Falls SD 57105

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 [X]

b. Semi-Annually []

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Chiller Maintenance and Repair Services for the Sioux Falls VA Health Care System

Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment

- Refrigeration, Air Conditioning, and Air Circulating Equipment

Chiller Maintenance and Repair Services for the Wagner Outreach Clinic

Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

1.00 Jb __________________ __________________

Replacement of Multistack Modular Chiller, SN: Ad 04-088/89/90/91 at The Sioux Falls

VA Health Care System Contract Period: Base POP Begin: 07-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 2 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 2 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

GRAND TOTAL __________________

B.3 STATEMENT OF WORK: Chiller Maintenance and Repair Services

SCOPE:

The Sioux Falls, SD VA Health Care System, requires contracted services for maintenance and repair of forty-nine chillers and associated equipment located as described in the primary services.

The contractor shall perform operating inspection(s), routine operating inspections, annual preventive maintenance, and predictive maintenance, to include maintenance and repairs as necessary, emergency service calls, to maintain the machines in a serviceable condition.

PERIOD OF PERFORMANCE

a) Base Period of Performance: 07/01/2024 to 06/30/2025

b) Option Year 1: 07/01/2025 to 06/30/2026

c) Option Year 2: 07/01/2026 to 06/30/2027

d) Option Year 3: 07/01/2027 to 06/30/2028

e) Option Year 4: 07/01/2028 to 06/30/2029

LOCATIONS OF SERVICES:

a) Sioux Falls VA Health Care System, 2501 W. 22nd Street, Sioux Falls, SD 57105

b) Wagner Outreach Clinic, 400 West Hwy 46, Wagner, SD 57380

HOURS OF SERVICES:

c) Routine Work: The Contractor shall perform the services as specified herein Monday through Friday with the exception of National Holidays between the hours of 8:00a.m. – 4:30p.m.

d) Emergency Work: Emergency work is defined as work performed after normal working hours. The

Contractor shall be required in some instances to work other than normal working hours. Approval of the VATR shall be obtained prior to starting work during other than normal hours.

e) Federal holidays observed by Federal Government can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

f) When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by the U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

BADGES, PARKING, CHECK-IN PROCESS: All Contractor personnel are required to wear identification (I.D.)

badges issued by the SFVAHCS Engineering office during the entire time they are on the SFVAHCS grounds. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the SFVAHCS security office. The SFVAHCS shall not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstance.

The contractor’s technician shall report to the VA representative office HVAC Department prior to starting work.

The Contractor’s technician shall prepare a written service ticket explaining the work for the day, a listing of which parts are to be used, the price of each part and the total price of multiple parts. The ticket shall be given to the VA representative for approval.

PERSONNEL ACCEPTANCE: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct shall be dealt with by the Contractor, VA representative and the final decision made by the Contracting Officer.

Services for medical equipment include the following performance metrics:

• Service calls without repair to system shall be noted on repair order.

• The vendor shall provide at least two annual (2) trips to the Sioux Falls V.A. Healthcare Systems in

Sioux Falls, South Dakota and Wagner, South Dakota during the Service Agreement period to perform scheduled Preventive Maintenance Service during our business hours. See Hours of Services section below.

• Unscheduled, on-call, or remedial maintenance service shall also be obtainable from the vendor 24 hours a day, 7 days per week

• Contractor shall respond to onsite emergencies within 4 Hours.

• Contractor shall notify Facility Point of Contact a minimum of 2-weeks notice prior to completely shutting-down medical equipment.

• Lockout and Tagout shall be completed by service technician.

EMERGENCY SERVICE:

1. Minor Repair

a. Definition: A malfunction or failure of a Chiller(s) is detected that has not impacted the air handling systems to the point of shutting down government operations in the affected areas.

b. Contractor Response: The Contractor shall respond within 24 hours after notification by the

Contracting Officer or designated personnel of a malfunction or failure of a Chiller(s), inspect the

Chiller(s), and immediately initiate corrective repair actions.

2. Major Repair

a. Definition: A partial or complete failure of a Chiller(s) is detected that has impacted, or will shortly impact, air handling systems to the point of shutting down Government operations, e.g. a mission work stoppage in the affected areas.

b. Contractor Response: The Contractor shall respond within four hours after notification by the Facility

Point of Contact of a partial or complete failure of a Chiller(s) that has caused or will shortly cause a mission work stoppage, inspect the Chiller(s) and immediately initiate corrective maintenance/repair actions.

CONTRACTOR QUALIFICATIONS:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

Qualified Refrigeration Technicians: To be considered qualified, Refrigeration Technicians assigned to this contact shall have been trained on, possess a current certification on, and have current experience in the repair of chillers and components thereof.

Proof of current Technician Certification shall be provided to the training records for all Technicians who provide service on the Contract. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment.

The CO and/or Facility Point of Contact specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

PRIMARY SERVICES:

• Responsibilities: Contractor shall provide all labor, equipment, supplies and transportation necessary to properly perform the inspections, testing and maintenance outlined above.

This shall include disposal of all fluids, filters and materials.

o 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.

o The Contractor shall take all precautions necessary to protect against injury or damage during the performance of this contract. The Contractor shall be responsible for any injury to contractor’s employees as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by contractor’s employees’ fault or negligence.

• Deficiencies: If inspections reveal a need for corrective action or repair that not covered under this contract, the vendor will notify in writing the deficiency, the criticality level and recommended corrective actions to the Facility Point of Contact and the Contracting

Officer. The vendor will provide a quote of the estimated work that includes all parts and labor for the corrective action or repair. No work shall commence without the written approval of a Contracting Officer or a Government Purchase Card Holder. The criticality levels are defined as followed:

o Level I – Deficiency identified is of minor concern, does not require immediate repair, and would not have an impact on the system if it were to continue for an extended amount of time (~ 6months or longer) o Level II - Deficiency identified is of moderate concern, does not require immediate repair, and would not have an impact on the system if it were to continue for a prolonged amount of time (~ 3-6 months) o Level III – Deficiency identified is of major concern, but chiller system is operable. Corrective Action/Repair is required to be performed within 3 months of discovery of issue to prevent further issues with the chiller system.

o Level IV – Deficiency identified requires immediate repair and/or shut down of chiller system.

The vendor shall provide scheduled preventative maintenance based upon specific needs of individual equipment as follows.

EQUIPMENT LIST & SCHEDULE OF MAINTENANCE (NOTE: Required Maintenance is listed in the

TYPE OF MAINTENANCE Section) Site Location Unit Required Maintenance

Sioux Falls Emergency Dept 1 South Trane Air Cooled Chiller RTAC, SN: U15L03597

Air Cooled Chiller Maintenance 1

Sioux Falls Emergency Dept 2 North Trane Air Cooled Chiller RTAC, SN: U15L03598

Air Cooled Chiller Maintenance 1

Sioux Falls Operating Room Trane Air Cooled Chiller RTAC, SN: U15K03291

Air Cooled Chiller Maintenance 1

Sioux Falls Main Plant Trane Air Cooled Chiller RTAF 1, SN: U21D08649

Air Cooled Chiller Maintenance 1

Sioux Falls Main Plant Trane Air Cooled Chiller RTAF 2, SN: U21D08650

Air Cooled Chiller Maintenance 1

Sioux Falls Main Plant Trane Air Cooled Chiller RTAA, SN: U08B07450

Air Cooled Chiller Maintenance 1

Sioux Falls Trane Air Cooled Chiller CGAM, SN: U20C80069

Air Cooled Chiller Maintenance 1

Sioux Falls Multistack Modular Chiller, SN: AD 04-088/89/90/91

Multistack Modular Chiller Maintenance 3

Sioux Falls Multistack Condenser Unit Cond 1, SN: T14E03853

Multistack Condenser Chiller Maintenance 4

Sioux Falls Multistack Condenser Unit Cond 4, SN: T14E03854

Multistack Condenser Chiller Maintenance 4

Sioux Falls Multistack Condenser Unit Cond 2, SN: T14E03855

Multistack Condenser Chiller Maintenance 4

Sioux Falls Multistack Condenser Unit Cond 3, SN: T14E03856

Multistack Condenser Chiller Maintenance 4

Sioux Falls KCC Rooftop Unit, SN: U20C80069

Rooftop Chiller Maintenance 5

Sioux Falls Mitsubishi VRF 1 Tower, SN: 44W01074

Multistack Condenser Chiller Maintenance 4

Sioux Falls Mitsubishi VRF 2 Tower, SN: 24W00056

Multistack Condenser Chiller Maintenance 4

Sioux Falls Mitsubishi VRF 3 Tower, SN:

Multistack Condenser Chiller Maintenance 4

Sioux Falls Mitsubishi VRF 4 Tower, SN: 44W01247

Multistack Condenser Chiller Maintenance 4

Sioux Falls Mitsubishi VRF 5 Tower, SN: 44W00294

Multistack Condenser Chiller Maintenance 4

Sioux Falls Mitsubishi VRF 6 Tower, SN: 44W00023

Multistack Condenser Chiller Maintenance 4

Sioux Falls Trane Rooftop Unit RTU 1, SN: 143011070D

Rooftop Chiller Maintenance 5

Sioux Falls Trane Rooftop Unit RTU 2, SN: 143011080D

Rooftop Chiller Maintenance 5

Sioux Falls Trane Rooftop Unit RTU 3, SN: 341101258D

Rooftop Chiller Maintenance 5

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 1, SN: 44W00235

Multistack Condenser Chiller Maintenance 4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 2, SN: 46W00414

Multistack Condenser Chiller Maintenance 4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 3, SN: 32W00191

Multistack Condenser Chiller Maintenance 4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 4, SN: 46W00415

Multistack Condenser Chiller Maintenance 4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 5, SN:

Multistack Condenser Chiller Maintenance4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 6, SN:

Multistack Condenser Chiller Maintenance 4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 7, SN:

Multistack Condenser Chiller Maintenance 4

Sioux Falls Building 38 VRF Unit in Building 38 section VRF 8, SN:

Multistack Condenser Chiller Maintenance 4

Sioux Falls Inside Units for Server

Room

Liebert HVAC 1 Server, SN: C09L8H0039

Server Room Chiller Maintenance 6

Sioux Falls Inside Units for Server

Room

Liebert HVAC 2 Server, SN: C09L8H0040

Server Room Chiller Maintenance 6

Sioux Falls Inside Units for Server

Room

Liebert HVAC 3 Server, SN: C08L7G0001

Server Room Chiller Maintenance 6

Sioux Falls Outside Units for Server

Room

Liebert Cond 1 Server, SN: C0949C24931

Multistack Condenser Chiller Maintenance 4

Sioux Falls Outside Units for Server

Room

Liebert Cond 2 Server, SN: C0846C17161

Multistack Condenser Chiller Maintenance 4

Sioux Falls Outside Units for Server

Room

Liebert Cond 3 Server, SN: C0949C24918

Multistack Condenser Chiller Maintenance 4

Sioux Falls Trane Condensing Unit for Makeup Air

Unit MAU Cond 1, SN: 20071422TA

Multistack Condenser Chiller Maintenance 4

Sioux Falls Cooling Tower (North) BAC FXV3 Closed Circuit Colling

Tower, FXV3-1426-30T-60

SN: 438 MX2761702

Rooftop Chiller Maintenance 5

Sioux Falls Cooling Tower (South) BAC FXV3 Closed Circuit Colling

Tower, Model FXV3-1426-30T-60

SN: 438 MX2761704

Rooftop Chiller Maintenance 5

Sioux Falls Marley Cooling Tower

(West)

MARLEY NC crossflow cooling tower, Model 23111

SN: 438 EE11571

Rooftop Chiller Maintenance 5

Sioux Falls STULZ Air Cooled Chiller CFD-070-

D2A-0-I0, Air Cooled Chiller Maintenance 1

SN: CRAC-1

Sioux Falls STULZ Air Cooled Chiller CFD-070-

D2A-0-I0, SN: CRAC-2

Air Cooled Chiller Maintenance 1

Sioux Falls STULZ Air Cooled Chiller CFD-070-

D2A-0-I0, SN: CRAC-3

Air Cooled Chiller Maintenance 1

Sioux Falls STULZ Air Cooled Chiller CFD-070-

D2A-0-I0, SN: CRAC-4

Air Cooled Chiller Maintenance 1

Sioux Falls STULZ Air Cooled Condensing Unit

Chiller SCS-312-DSA, SN: ACCU-1

Multistack Condenser Chiller Maintenance 4

Two Condenser Coil Cleanings2

Sioux Falls STULZ Air Cooled Condensing Unit

Chiller SCS-312-DSA, SN: ACCU-2

Multistack Condenser Chiller Maintenance 4

Two Condenser Coil Cleanings2

Sioux Falls STULZ Air Cooled Condensing Unit

Chiller SCS-312-DSA, SN: ACCU-3

Multistack Condenser Chiller Maintenance 4

Two Condenser Coil Cleanings2

Sioux Falls STULZ Air Cooled Condensing Unit

Chiller SCS-312-DSA, SN: ACCU-4

Multistack Condenser Chiller Maintenance 4

Two Condenser Coil Cleanings2

Sioux Falls York Air Cooled Chiller

YLAA0100SE46XFBBCTX,

SN: CH-1

Air Cooled Chiller Maintenance1

Two Condenser Coil Cleanings2

Sioux Falls York Air Cooled Chiller

YLAA0100SE46XFBBCTX,

SN: CH-2

Air Cooled Chiller Maintenance1

Two Condenser Coil Cleanings2

Wagner Outreach

Clinic

Rooftop Unit 1 Rooftop Chiller Maintenance 5

Two Condenser Coil Cleanings2

Wagner Outreach

Clinic

Rooftop Unit 2 Rooftop Chiller Maintenance 5

Two Condenser Coil Cleanings2

TYPE OF MAINTENANCE: All Maintenance will be done twice a year between 6 and 7 months apart (once in early spring and once in early fall).

1) Air Cooled Chiller Maintenance

a. 1st Air Cooled Chiller Inspection

i. Review Diagnostics

ii. Electrical Inspection

iii. Meg Motor at Motor Terminals

iv. Compressor And Oil Separator Heater Check

v. High Pressure Leak Check (Standard)

vi. TechView/KestrelView Connection

vii. Run Service Report From Kestrel View

viii. Techview/Kestrel View Disconnection

b. 2nd Air Cooled Chiller Inspection

i. Review Diagnostics

ii. Lock Out Tag Out (Standard)

iii. Electrical Inspection - Control Panel

iv. Compressor Starter Inspection (Wye-Delta Closed Transition) Series R Air Cooled

v. Meg Compressor Motor

vi. Flow/Differential Mechanical Switch Check

vii. Low Temperature Sensor Calibration

viii. Control Panel Calibration Check

ix. Oil Level Check (Screw Machines) Per Circuit

x. One (1) oil analysis per circuit for wear metals, with report to Owner

xi. Leak Test Inspection (Positive Pressure)

xii. Compressor And Oil Separator Heater Check

xiii. Compressor Check (HeliRotor Compressors)

xiv. TechView/KestrelView Connection

xv. Run Service Report From Kestrel View

xvi. Techview/Kestrel View Disconnection

2) Condenser Coil Cleaning/Maintenance

a. Condenser Coil Cleaning

i. Verify clean condensing unit coils.

ii. Condenser coil cleaning using brush and water/air, if necessary

iii. Owner to provide access to water

3) Multistack Modular Chiller Maintenance

a. Multi-Stack Water Cooled Chiller Inspection

i. Unitary Visual Equipment Inspection

ii. Electrical Inspection

iii. Remove Motor Wiring and Meg Compressor Motor Generic

iv. Multi-Stack Strainer Only Maintenance

v. Flow Device Check Generic

vi. Log Unit

4) Multistack Condenser Chiller Maintenance

a. Condensing Unit Inspection

i. Verify clean outdoor coil, clean as necessary using Service 5

ii. Verify smooth operation of the unit.

iii. Visually inspect all connecting lines, joints and coils for evidence of oil/refrigerant leaks.

iv. Inspect wiring and connections for tightness and signs of overheating and discoloration.

v. Lubricate the fan bearings as required, if applicable.

5) Rooftop Chiller Maintenance

a. Rooftop Unit Inspection

i. Inspect for oil leaks.

ii. Check the sheaves and pulleys for wear and alignment.

iii. Inspect condition of filters – including providing and changing filters

iv. Check the belts for tension, wear, cracks, and/or glazing – responsible for providing and changing belts, if any, as needed

v. Verify proper damper operation.

vi. Check mechanical linkages for wear, tightness and clearances.

vii. Lubricate damper bearings, if applicable.

viii. Lubricate motor bearings, if applicable

ix. Lubricate fan bearings.

x. Inspect wiring and connections for tightness and signs of overheating and discoloration.

xi. Inspect the combustion air blower fan, and clean, if required.

xii. Lubricate the combustion air blower fan motor, if applicable.

xiii. Verify operation of the flame detection device.

xiv. Verify integrity of the flue system.

xv. Verify operation of the operating controls.

xvi. Verify burner sequence of operation.

xvii. Verify proper gas pressure to the unit and/or at the manifold, if applicable.

6) Server Room Chiller Maintenance

a. Split System Unit Inspection

i. Perform manufacturer recommended service inspection

ii. Inspect condition of filters and clean as necessary

iii. Verify clean condenser and evaporator coils, perform cleaning as necessary

iv. Verify refrigerant charge.

v. Check amperages and voltages of the unit, verify they are within specifications

vi. Verify all sensors are calibrated and reading correctly.

7) PARTS FOR REPAIR

a. Contractor shall provide all replacement parts needed to keep the system in operating condition as originally designed by the manufacturer.

b. Contactor shall furnish the Facility Point of Contact with a written estimate of the cost to make necessary repairs that are not included in this contract.

c. Contractor shall also provide a comparison quote to the Facility Point of Contact for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. No work shall commence without the written approval of a Contracting Officer or a Government Purchase Card Holder.

REPLACEMENT OF MULTISTACK MODULAR CHILLER, SN: AD 04-088/89/90/91 AT THE

SIOUX FALLS VA HEALTH CARE SYSTEM

1) Replacement of unit needs to take place by 12/31/2024. Scheduling of replacement services must be done through the Facility Point of Contact.

2) Replacing of the modular chiller will involve the contractor providing all labor, material, equipment, etc., to install and put into operation the following mechanical work listed below:

a. Remove existing Multistack indoor and outdoor units

b. Install new Multistack Module and Outdoor Condenser

c. Crane rental/usage to remove module from building roof and place new module

d. Drain glycol from existing piping

e. Run new refrigerant piping along the outskirt of the occupied building

f. Demo and repair existing walls as necessary

g. Electrical disconnect and reconnect for both upper and lower units

h. Plumbing disconnect and reconnect for both upper and lower units

i. Controls disconnect and reconnect

j. Balancing water flow

k. Any additional task not listed above

3) The contractor will be responsible for providing all labor, tools, and equipment necessary for task completion. The specs for the current condenser and Multistack chiller are as shown below:

a. Condenser

i. Manufacturer & Model = MULTISTACK ASRC-70

ii. Nominal Tons = 70

iii. Refrigerant Type = R-410A

iv. Volt/PH = 480/3

v. 4 Fans per Unit, 1.5 HP each

vi. Each condenser has dual independent refrigerant circuits with 2-1/8” refrigerant connections.

a. Chiller

vii. Manufacturer & Model = MULTISTACK (4) MS70X6H2A

viii. Nominal Tons = 280

ix. Type = Water

x. Unit KW = 262.2

xi. Refrigerant Type = R-410A

xii. Volt/PH = 480/3

DOCUMENTATION/REPORTING REQUIREMENTS:

Contractor shall provide documentation that includes detailed descriptions of the testing and inspection procedures performed. The documentation shall be submitted to the requesting agency using a typed or computer-generated form, reports are not to be handwritten. The report shall also have a summary of any deficiencies that are found during the inspection. Each ESR (Engineering

Service Report) must document the following data legibly and in complete detail, a final report must be submitted electronically to the facility point of contact within 3 weeks of completion of service completed:

1. Name of Contractor and Contract Number.

2. Name of FSE (Field Service Engineer) who performed services.

3. Date, time (starting and ending), equipment downtime and hours on-site for service call.

4. Identification of equipment to be serviced. (ID Number, Manufacturer's name, device name, model number, serial number, and any other Manufacturer's identification numbers.

5. Signatures of FSE (Field Service Engineer) performing service described VA employee who witnessed service described and an authorization signature of acceptance of work performed.

6. List of any deficiencies discovered along with their criticality and recommended approach for corrective action.

ADDITIONAL SERVICES:

The Contractor shall maintain sufficient materials/parts and tools to complete service calls within 5 working days or sooner. The Contractor is to obtain written approval from the Facility Point of Contact for maintenance or repair of the medical equipment if there is a need for the service to be shut down at all for any length of time.

The Contractor shall train all respective staff as identified by SFVAHCS on the use, maintenance and recognition of failure modes on rapid response to the sudden unexpected loss or other compromised delivery of med air, med vacuum and med air dryers. The equipment training shall be documented and refreshed annually or sooner, as required.

Contractor may be required to repair medical equipment beyond this contract. The specific repairs will be sent in writing to the Contracting Officer and Facility Point of Contact when identified. A quote for the pricing shall be presented to the Contracting Officer and Facility Point of Contact. No work shall be authorized to proceed without the writing approval of the Contracting Officer. The Contracting Officer and the Facility Point of

Contact will discuss the repairs with the Contractor on a case-by-case situation. A written authorize will be provided by an authorized Contracting Officer or a Government Purchase Card Holder prior to any work being started.

PARTS:

• Replaced parts or waste oil shall be disposed of by the Contractor per local and Federal regulations.

• It shall be the sole responsibility of the Contractor to comply with State and Federal regulations, and to maintain current State and Federal certification regarding correct handling, removal and disposal of all hazardous waste generated because of performing his contractual tasks of Chiller maintenance and repair.

All hazardous waste resulting from the maintenance and repair of Chiller(s) on site shall be properly packaged, removed, and disposed of by the contractor at no additional cost to the Government.

• Contractor shall provide original equipment manufacturer (OEM) parts/subsystems and software. The contractor shall ensure the government is informed of all safety modifications issued by the OEM, and all optional modifications offered by the OEM are made available to the SFVAHCS.

REMOVAL OF EQUIPMENT:

Should a piece of equipment require repair at the Contractor’s plant, Contractor agrees to provide a loaner at no extra charge, if requested by the Government. Government property and equipment shall not be removed from the station without approval by the Facility Point of Contact and a signed property pass has been issued by the Facility Point of Contact. The Contractor assumes full responsibility for the equipment while it is off-site, including not only the repair of the equipment, but also any loss or damage to the equipment while off-site or in transit.

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:

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN

2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for…