70FBR926Q00000014.pdf
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- HVAC Quarterly Maintenance for Region 9 PAO
- Solicitation number
- 70FBR926Q00000014
About this file
This is a Request for Quotation (RFQ) issued by the Federal Emergency Management Agency (FEMA) for quarterly HVAC maintenance services at the Pacific Area Office located on Fort Shafter in Honolulu, Hawaii. The solicitation number is 70FBR926Q00000014, issued on August 26, 2026, with quotations due by September 4, 2026 at 4:00 p.m. PT. This is a 100% small business set-aside under NAICS code 238220 (Plumbing, Heating, and Air-Conditioning Contractors) with a small business size standard of $19 million in average annual receipts. The contract is firm-fixed-price, with delivery required one day after award.
The contractor must provide four quarterly HVAC preventive maintenance visits during the base year, emergency service callouts with 24-hour acknowledgment and three-business-day response time, and an initial system assessment. Covered equipment includes split system air conditioning units, air handlers, condensing units, ventilator units, thermostats, and related components. Line items include the base requirement of four quarterly maintenance visits (Item 0001) at $4 each, emergency service callouts (Item 0002), initial system assessment (Item 0003), and four 12-month option periods with similar line items for years 1-4. All work must be performed Monday through Friday, 8:00 a.m. to 4:00 p.m., with 24-hour advance notice required. The contractor must obtain all necessary licenses and insurance, including commercial general liability of $1 million with a $2 million aggregate, workers compensation, employer's liability of $1 million, and business automobile insurance of $1 million. Personnel require background investigations ranging from Tier 1 to Tier 4 based on job function, OPSEC and Insider Threat training certifications, and valid government-issued identification. The Service Contract Act of 1965 applies with Wage Determination No. 2015-5689 (Rev.-28). Award will be made to the lowest-priced technically acceptable offeror, with technical acceptability determined on a pass/fail basis addressing SOW requirements, approach, minimum requirements, and staffing plan.
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Other files
| File | Type | Posted |
|---|---|---|
| Questions and Answers FINAL.pdf | ||
| Amended Solicitation 70FBR926Q00000014 v2.pdf | ||
| 1.10.1 WD 2015-5689 Rev 28 - HONOLULU CO.pdf |
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Text version
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6/1995)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NUMBER
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
c. CITY
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
546 BONNEY LOOP BUILDING 520
FEMA REGION 09
1111 BROADWAY SUITE 1200
OAKLAND CA 94607-4052
70FBR926Q00000014
Kimberly Sanders
PACIFIC AREA OFFICE PAO
96858
08/26/2026
09/04/2026 1600 PT
1 Days After Award
FORT SHAFTER
HI
The Department of Homeland Security
(DHS) Federal Emergency Management
Agency (FEMA) Procurement Section is issuing this Request for Quotation (RFQ) for the purpose of procuring the services for HVAC quarterly maintenance in support of operations for FEMA
Pacific Area Office (PAO).
Place of Performance is at the FEMA
Region 9 Pacific Area Office (PAO) located on Fort Shafter at 546 Bonney
Loop, Honolulu, HI 96819.
This is a combined synopsis/solicitation for commercial products or commercial
Continued...
1 24
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
services prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation.
The solicitation number for this requirement is
70FBR926Q00000014, which must be referenced on all quotation documents submitted in response to this solicitation. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.
FEMA intends to enter into a single-award firm-fixed-price contract. This procurement will be conducted as a 100% Small Business set-aside. The associated North American
Industry Classification System (NAICS) code is
238220, Plumbing, Heating, and Air-Conditioning
Contractors, with a small business size standard of $19 million in average annual receipts. All responsible sources may submit a quotation, which shall be considered by the
Government.
The Service Contract Act of 1965, as amended
(41 U.S.C. 351) is applicable to this procurement and the following wage determination shall be applicable to the resulting purchase order: Wage Determination
No.: 2015-5689 (Rev.-28).
The period of performance for the initial work shall be 7 calendar days or less from the date of award, unless otherwise directed by the
Contracting Officer (CO).
Follow-on quarterly maintenance shall be scheduled and performed at three-month intervals during the first 12 months after award. The contract shall also include four (4)
12-month option periods, if exercised.
A firm fixed price contract award may be made to the responsible offeror submitting an overall proposal that is determined best value to the Government’s needs, price and other factors considered, using the procedures prescribed in the technical evaluation
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C) factors.
We kindly request your most competitive pricing for the services outlined in this solicitation.
Additionally, we encourage you to include any applicable discounts or added value that your organization may be able to provide. Please ensure that your proposal reflects your best possible pricing and highlights any unique benefits, enhancements, or incentives that differentiate your service offering.
The Contractor’s responsibilities shall include providing all labor, equipment, tools, permits, license and insurance required to perform the tasks and services as set forth in the attached
Statement of Work (SOW).
The Government will not conduct a site visit for this requirement. Offerors are responsible for reviewing the solicitation in its entirety and submitting any questions or requests for clarification by the stated deadline.
Submission of a quotation constitutes the offeror’s understanding of the requirement based on the solicitation and any written amendments issued by the Government.
Submission Deadlines:
Offerors shall submit any questions no later than August 28. Quotes and required information must be submitted no later than 4:00 p.m. (PT) on Friday, September 4, 2026. Please email proposals to the Contracting Officer, Demetria
Carter at demetria.carter@fema.dhs.gov and copy kimberly.sanders@fema.dhs.gov.
NO LATE SUBMISSIONS WILL BE ACCEPTED.
0001 4 EAQuarterly HVAC Preventive Maintenance
Price includes all labor, supervision, tools, equipment, materials, and incidentals required to perform four quarterly preventive maintenance visits
Delivery: 1 Days After Award
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
0002 1 EAEmergency HVAC Service Callouts – On-site response for troubleshooting and diagnostics outside scheduled quarterly visits.
This CLIN covers labor associated with emergency callouts
Delivery: 1 Days After Award
0003 1 EAInitial System Assessment and equipment inventory - Assess and diagnose existing HVAC system and provide recommendations on repair / upgrades
Delivery: 1 Days After Award
1001 4 EAOption Year 1 -Quarterly HVAC Preventive
Maintenance of HVAC system
(Option Line Item)
Delivery: 1 Days After Award
1002 1 EAOption Year 1 - Emergency Non-Routine
Service/Repair Callouts
(Option Line Item)
Delivery: 1 Days After Award
2001 4 EAOption Year 2 -Quarterly HVAC Preventive
Maintenance of HVAC system
(Option Line Item)
Delivery: 1 Days After Award
2002 1 EAOption Year 2 - Emergency Non-Routine
Service/Repair Callouts
(Option Line Item)
Delivery: 1 Days After Award
3001 4 EAOption Year 3 -Quarterly HVAC Preventive
Maintenance of HVAC system
(Option Line Item)
Delivery: 1 Days After Award
3002 1 EAOption Year 3 - Emergency Non-Routine
Service/Repair Callouts
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
(Option Line Item)
Delivery: 1 Days After Award
4001 4 EAOption Year 4 -Quarterly HVAC Preventive
Maintenance of HVAC system
(Option Line Item)
Delivery: 1 Days After Award
4002 1 EAOption Year 4 - Emergency Non-Routine
Service/Repair Callouts
(Option Line Item)
Delivery: 1 Days After Award
A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award
A - Solicitation/Contract Form
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (NOV 2023) (Deviation AUG 2025)
B - Supplies or Services/Prices
C - Description/Specifications
D - Packaging and Marking
E - Inspection and Acceptance
F - Deliveries or Performance
G - Contract Administration Data
H - Special Contract Requirements
I - Contract Clauses
52.204-24 DEVIATION REPRESENTATION REGARDING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG
2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items.
(a) Definitions. As used in this provision –
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov) for entities excluded from receiving federal awards for ‘‘covered telecommunications equipment or services.’’
(d) Representations. The Offeror represents that—
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ‘‘will’’ in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ‘‘does’’ in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ‘‘will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ‘‘does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25 DEVIATION PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(DEVIATION 20-05) (DEC 2020)
(a) Definitions. As used in this clause—
“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).
Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
“Covered foreign country” means The People’s Republic of China.
“Covered telecommunications equipment or services” means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
“Critical technology” means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-23 DEVIATION PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,
AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES
(DEVIATION 20-05) (JUL 2024)
(a) Definitions. As used in this clause-
Kaspersky Lab covered article means any hardware, software, or service that–
(1) Is developed or provided by a Kaspersky Lab covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.
Kaspersky Lab covered entity means–
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—
(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018;
and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
52.216-25 Contract Definitization. (OCT 2010)
(a) A firm fixed-price definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a fixed-price proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-1, supporting its proposal.
(b) The schedule for definitizing this contract is The following schedule identifies the key dates for this action:
Offerors shall submit any questions no later than August 28. Responses to the solicitation are due no later than September 4.
(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.
(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-
(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);
(ii) All clauses required by law as of the date of the Contracting Officer's determination; and
(iii) Any other clauses, terms, and conditions mutually agreed upon.
(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.
(End of clause)
52.217-8 Option To Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days.
(End of clause)
52.217-9 Option To Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) (Deviation OCT 2025)
52.222-50 Combating Trafficking in Persons. (OCT 2025) (Deviation Effective Date)
52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services.
(NOV 2021)
(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when:
the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.
(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services.
(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract.
Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.
(d) Reservation of rights. (1) No payment or other action by the Government under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government's rights and remedies under this clause (i) shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(e) Content of Contractor's request for financing payment. The Contractor's request for financing payment shall contain the following:
(1) The name and address of the Contractor;
(2) The date of the request for financing payment;
(3) The contract number and/or other identifier of the contract or order under which the request is made; and
(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.
(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.
(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.
(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (FAR 52.232-31) and the terms in this clause, the terms of this clause shall govern.
(End of clause)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (Deviation AUG 2025)
J - List of Documents, Exhibits and Other Attachments
Attachment Number Title Date
01-1 STATEMENT OF WORK 08/19/2026
K - Representations, Certifications, and Other Statements of Bidders
L - Instructions,Conditions, and Notices to Bidders
M - Evaluation Factors for Award
52.212-2 Evaluation-Commercial Products and Commercial Services. (NOV 2021) (Deviation AUG 2025)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
Evaluation Methodology Award will be made to the responsive, responsible offeror whose proposal is the Lowest Priced
Technically Acceptable (LPTA) solution to the Government. Technical acceptability will be determined on a pass/fail basis, based on the following criteria:
Technical Evaluation Criteria To be considered technically acceptable, an offeror’s proposal must receive a “Yes” for each of the following questions:
1. Does the offeror’s proposal address all requirements as stated in the Statement of Work (SOW)?
2. Does the offeror provide a specific and adequate approach to meeting the requirements?
3. Does the offeror’s proposal indicate it will meet or exceed all minimum SOW requirements?
4. Does the offeror’s staffing plan provide for effective contractor performance in accordance with the SOW?
Only proposals rated “Yes” (acceptable) for all factors will be considered technically acceptable.
Past Performance:
Past performance will be evaluated based on information submitted as part of the contract solicitation and any relevant previous performance for similar FEMA or DHS contracts. Offerors are not required to submit separate past performance documentation for this evaluation.
Price Evaluation:
Among technically acceptable proposals, award will be made to the offeror with the lowest total evaluated price.
“The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.”
Summary for Offerors:
Proposals will be evaluated for technical acceptability on a pass/fail basis using the criteria above. Only proposals that are technically acceptable will be considered for award, and among those, the offer with the lowest total evaluated price will be selected.
(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
STATEMENT OF WORK
A. GENERAL INFORMATION
1. Title of Project: PAO Quarterly HVAC Maintenance
2. Scope of Work: The contractor shall provide all resources necessary to provide quarterly HVAC maintenance, including emergency service callouts, at Region IX Pacific Area Office located on Fort Shafter at 546 Bonnie Loop, Honolulu, HI, 96819.
3. Performance Period: The contractor shall complete the work required under this SOW in three-month intervals within 1 year of date of award unless otherwise directed by the Contracting Officer.
All scheduling of services shall be mutually agreed upon between the Government and the Contactor prior to the start of services. The contractor shall be given 24-hour notice for when work is required and requested.
Work performed is expected to be within regular business hours, Monday through Friday, 8:00am – 4:00pm. Any work performed outside of regular business hours shall be approved by the CO and coordinated with the on-site point of contact.
4. Site Access: The Region 9 Pacific Area Office (PAO) is located within the Fort Shafter Military Installation at 546 Bonney Loop, Building 520.
Contractor employees requiring base access or visitor passes must be properly vetted prior to the issuance of an installation visitor pass. Valid government-issued identification, full name, date of birth, and social security number will be required for background checks by Fort Shafter security personnel
5. Vehicle Requirements: Vehicle operators must possess a valid driver’s license, safety vehicle inspection, vehicle registration, and no-fault insurance card upon entry to Fort Shafter. Rental vehicle operators must have rental agreements.
5. Type of Contract: Firm-Fixed-Price
B. GENERAL
Work shall proceed expeditiously and during schedule timeframes as coordinated with the on-site point of contact. After-hours work may be approved for this project to limit the impact to the Government.
C. STATEMENT OF WORK
The purpose of this work is to maintain reliable heating, cooling, ventilation, humidity control, and indoor air circulation. The Contractor shall be able to identify deficiencies before equipment failure and provide documented recommendations for repairs, upgrades, or service improvements.
The Contractor shall provide quarterly maintenance, inspection, testing, and troubleshooting for HVAC systems serving the FEMA PAO office. Covered equipment includes split system air conditioning systems, air handlers, condensing units, ventilator units, thermostats, condensate drainage components, fresh-air intake components, exhaust components, and all other accessories and controls related to the HVAC system.
1. System Assessment – First Visit During the first scheduled service visit, the Contractor shall:
a. Survey all covered HVAC equipment serving the FEMA PAO office.
b. Develop an equipment inventory identifying each unit by location, type, manufacturer, model number, serial number, general condition, and service needs.
c. Evaluate the effectiveness of the current systems in relation to the spaces being cooled and ventilated.
d. Examine fresh air intake, supply air, return air, and exhausts for any visible obstructions affecting airflow.
e. Inspect indoor air handlers and evaporators suspected of being inoperable or contributing to poor cooling, air circulation, and elevated humidity.
f. Evaluate the potential need for dehumidification, ventilation adjustments, or other corrective measures.
g. Identify any immediate operational and safety concerns, or conditions that may affect equipment reliability.
2. Quarterly Preventative Maintenance Requirements The Contractor shall perform the following during each quarterly service visit, including, but not limited to the tasks listed below, as applicable to the equipment type, manufacturer requirements, and site conditions:
a. Inspect HVAC systems, ventilator units, outside air (OA) intakes and exhaust, and associated controls for proper operation.
b. Check fan blades, blower wheels, louvers, motors, bearings, mounting brackets, and vibration conditions. Clean or recommend cleaning when dirt buildup affects performance.
c. Inspect and clean air discharge surfaces, including louvers, registers, and grills for dust, debris, and mold-like growth.
d. Inspect washable filters, disposable filters, pre-filters, and ventilator filters. Clean or replace filters as required by the manufacturer or as directed by the Government.
e. Inspect evaporator coils, condenser coils, and heat exchange surfaces for dirt buildup, corrosion, blockage, or damage.
f. Check drain pans, drain traps, condensate pumps, and condensate drain lines. Clear minor obstructions when accessible and report deficiencies requiring repair.
g. Check electrical connections, disconnects, control wiring, sensors, thermostats, remote controllers, timers, and operating controls for functionality.
h. Check HVAC cycles, mode changes, fan operation, setpoints, and system response.
i. Inspect refrigerant line sets, insulation, connections, piping, and outdoor equipment for signs of damage, corrosion, or conditions that may indicate a refrigerant leak.
j. Verify condensing units are free from obstruction. Inspect mounting, vibration, corrosion, and general weather exposure.
k. Inspect ventilator units for intake and exhaust operation, dirty filters, fan operation, motor condition, damper operation, and unusual noise or vibration.
l. Inspect fresh-air intake and exhaust openings for blockage, damaged screens, or conditions that may reduce effectiveness.
m. Confirm equipment is operating in the proper mode upon competition of service.
n. Dispose of waste materials through approved off-site recycling or landfill disposal.
3. Emergency Service Callouts
a. The Contractor shall acknowledge service callouts within 24 hours of notification by the Government via telephone or email.
b. The Contractor shall schedule and perform service callouts within 3 business days, unless otherwise approved by the Government.
c. The Contractor shall not perform work at additional costs outside the approved quarterly maintenance scope without prior written approval from the Government.
4. Reporting Requirements
a. Quarterly Preventative Maintenance: The Contractor shall provide a written service report withing 5 business days after completion of each quarterly service visit.
i. Service reports shall identify equipment serviced, tasks completed, filters replaced, deficiencies, and any conditions requiring the Government’s attention.
b. Emergency Service Callouts: The Contractor shall provide a written recommendation and quote within 3 business days after completion of service callout visits.
i. Service callout reports shall describe equipment deficiencies, location, and the recommended corrective action.
ii. Quotes for equipment repair or replacement shall include estimates for labor, parts, materials, equipment, and general conditions & overhead.
D. PERMITS, ROYALTIES, AND LICENSES
The contractor shall, without additional an expense to the Authority, be responsible for obtaining all licenses, certifications and permits which are necessary to fulfill the requirements of the Statement of Work.
The contractor shall also obtain and pay the costs of any royalties and licenses for any patented or copyrighted items used in the performance of work.
Insurance requirements for successful vendor (proof required and submitted before work to begin).
a. Workers compensation Insurance as required by state law.
b. Commercial general liability insurance in the minimum amount of one million dollars that includes a general aggregate in the minimum amount of two million dollars.
c. Employer’s liability insurance in the minimum amount of one million dollars.
d. Business automobile insurance in the minimum amount of one million dollars.
E. Safety
The contractor shall perform all its activities pursuant to this contract in a safe manner.
The contractor shall assume responsibility on the job site for the actions of all its personnel and subcontractor(s) who are associated with performance on this contract. The contractor shall take adequate measures to prevent injury to the public or Authority property on the job site.
SECURITY: All personnel require access to unclassified information only. Contractors must ensure contractor employees receive a favorably background investigation prior to entry on duty (EOD). All individuals will be U.S. citizens or lawful permanent residents. The contractor shall follow the standards established within DHS and FEMA policy.
OPSEC Training:
Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.
Access to the briefing can be obtained at OPSEC Awareness for Military Members, DOD Employees and Contractors
Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.
Insider Threat Training:
Insider Threat training for Contractors can be found at: Insider Threat Awareness
Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information.
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