A21. Combined Synopsis Solicitation.pdf

US Army Corps of Engineers St. Louis District

Mechanical HVAC Service Base

USARMY ENGR DIST ST LOUIS

FOOT OF ARSENAL STREET

ST LOUIS MO 63118-3394

COMBINED SYNOPSIS &

SOLICITATION W912P923S0001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation Number: W912P923S0001

This solicitation is issued as a Request for Quotation.

The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.

This solicitation is set-aside for total small businesses associated with North American Industrial Classifications System (NAICS) code 238220, size standard 1000 employees.

Please provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

– Commercial Items with your offer and Capability Statement.

CAGE Code: ______________________

UEI Code: ______________________

Offeror Name: ___________________________________________________________

Offeror Signature: ________________________________________________________

Date of Offer: ______________________

Submit offer to Michelle Person, Contract Specialist, via email at michelle.r.person@usace.army.mil.

B3CT9MRP

Cross-Out

W912P923A0001

Section C - Descriptions and Specifications

STATEMENT OF WORK

Blanket Purchase Agreement (BPA) Terms and Conditions

HVAC, Plumbing, Electrical, and Mechanical Services U.S. Army Corps of Engineers, St. Louis District

SECTION 00800 – BPA TERMS & CONDITIONS

1. GENERAL: In accordance with FAR 13.303, this Blanket Purchase Agreement (BPA) will be utilized for the purpose of ordering any combination of services associated with HVAC, Plumbing, Electrical, and Mechanical systems repair, replace, renovate, design, engineer, construct, install, perform scheduled and unscheduled maintenance, technical inspections, and technical evaluations as described in the scope of work, for the Corps of Engineers, St. Louis District Area of Responsibility, which includes but is not limited to the following project sites:

Mark Twain Lake – Monroe City, MO Lock and Dam 24 - Clarksville, MO Lock and Dam 25 – Winfield, MO Melvin Price Locks and Dam - East Alton, IL Locks 27 - Granite City, IL Service Base and Fleet - St. Louis, MO Dredge Potter - St. Louis, MO Jerry F. Costello Lock and Dam – Modoc, IL Rend Lake – Benton, IL Wappapello Lake – Wappapello, MO Lake Shelbyville - Shelbyville, IL Carlyle Lake - Carlyle, IL St. Louis District HQ – St. Louis, MO

2. ACCEPTANCE:

Upon review and acceptance of the BPA Master, by a signature of your company and the Government, you will be required to furnish any combination of services and supplies as described in the Scope of Work, upon receipt and approval of any Call Order quoted by your company and issued, by an authorized purchaser from the Government.

All work shall be completed in accordance with the Scope of Work of this BPA and any requirements as specified in each RFQ and subsequent call order issued.

3. GOVERNMENT OBLIGATION:

Establishment of this BPA does not obligate the Government to make any purchases. The Government is obligated only to the extent of authorized call orders which are placed against the BPA Master, and by and authorized agent of the Government.

4. AUTHORIZED PURCHASERS:

Only the authorized purchasers as described in this paragraph can purchase under this BPA. Only a Purchasing Agent and/or a Contract Specialist from the U.S. Army Corp of Engineers – St. Louis District, Contracting Office is authorized to make purchases against the Master Agreement.

5. BPA CALL ORDER LIMITATIONS:

The maximum dollar purchase per call order is: $400,000.00

6. EFFECTIVE DATES/TERMINATIONS:

This BPA is not effective until it is signed by a Government Contracting Officer. After the Contracting Officer signature, this BPA is valid for five (5) years. The Government reserves the right to replace, extend, or terminate the BPA at any point, by providing written notice to the Contractor within 30 days of the action.

7. REVIEW OF AGREEMENTS:

In accordance with FAR 13.303-6, the BPA is subject to a random annual review. Reviews are performed by the Contracting Office. Should a review reveal adverse findings, the Contracting Office will contact the Contractor in writing.

8. REQUEST FOR QUOTE (RFQ) PROCEDURES:

The Government will send an email to the Contractors’ Point of Contact (POC).

The email RFQ will contain the following at a minimum:

Unique RFQ# Requirement Description/Services to be Provided Applicable maps, links, and or notes for the proposed task Response Date & Time Government POC

If interested in quoting, the Contractor shall return a completed quote to the Government POC by the date and time specified, by email. The Contractor is not required to quote on every RFQ, and negative responses are not required, unless stated in the RFQ.

The Government will not evaluate/award prior to the response date and time stated in the RFQ.

An award decision will be made based on an evaluation of quote(s) submitted in response the RFQ. Awards will be issued as “Call Orders” against the BPA Master.

9. INVOICE & PAYMENT INFORMATION:

BPA call orders will be invoiced & billed separately. Each call order will contain instructions concerning who to send invoices and shipping documents. If the total dollar value of the call order is below the Government’s micro-purchase limit the Government may choose to pay via Government Credit Card (VISA). The micro-purchase limit, is currently, $2,500, but is subject to change. If the method of payment is by VISA, each call order will identify a point of contact for payment.

10. CLAUSE AND PROVISION AGREEMENT:

The clauses and provisions included in the Master BPA are incorporated and applicable to all call orders placed against the BPA Master.

11. CONTRACTING OFFICERS REPRESENTATIVE (COR) (OPTIONAL):

A COR may be designated to a call order, should the Contracting Officer find it necessary due to the requirement.

The Contractor shall accept instructions only from the Contracting Officer or a duly appointed representative (COR). Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this agreement. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this agreement or make changes to any issued call orders, the contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

SECTION 01000 – SCOPE OF WORK

1. GENERAL:

The work and services covered by this agreement for HVAC, Mechanical, Plumbing, and Electrical services shall consist of furnishing all necessary management, supervision, personnel, inspection, tools, supplies, materials, services, incidentals, testing, equipment, facilities, transportation, and vehicles associated with repair, replace, renovate, design, engineer, construct, install, perform scheduled and unscheduled maintenance, technical inspections, and technical evaluations as described herein.

2. DEFINITIONS:

Contracting Officer (KO): A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

Contracting Officer’s Representative (COR): An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government furnished property, and provide site entry of Contractor personnel.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

Deliverable: Anything that can be physically delivered but may include non-physical things such as safety meeting minutes, submittals, performance of training and certification, performance of inspection and certification.

Government – refers to the U.S. Army Corps of Engineers, St. Louis District

3. ORDERING:

The Government will follow the RFQ process described in Section 00800 BPA Terms and Conditions.

4. SECURITY:

Contractor personnel performing work under this contract are responsible for applicable security requirements at time of the proposal submission and must maintain the level of security required for the life of the contract. The following requirements shall be implemented and adhered to throughout the life of the contract:

a. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html.

b. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. In support of St. Louis District evaluation of personnel authorized for access to federal facilities, the

Contractor shall submit background checks, on all employees, that have been conducted by either a bonded third party agency or state police department within the last 6 months prior to the Notice to Proceed date.

Background check results will be provided to the St. Louis District Security Office for access 15 calendar days after accessing the project site. The background check will cover, at a minimum, the last five years covering all States the employee has lived in, criminal history and arrest report, and a national sex offender registry check. Uncleared employee must be escorted while on site. This is defined as being in the line of sight of an identified prime contractor employee who has a background check on file with the St. Louis District (as noted on the ACL).

a. Disqualifying factors include, but are not limited to:

(1) Criminal conduct, in particular violent crime and sex offenders;

(2) Habitual use of intoxicating beverages to excess as evidenced by DUI or public intoxication records; or

(3) Any illegal activity or other disqualification which makes the individual unfit for service (e.g. drug trafficking or procurement fraud).

d. Identification Badges: The Contractor shall be responsible for furnishing a photo identification badge/card to each employee prior to the employee's work on-site, and for requiring each employee engaged on the work to display identification. At a minimum, the badge shall have the following items shown, the employee’s picture, employee’s name, and company name. Any person lacking proper identification credentials or deemed a security threat may be denied access to the project. Such action in no way relieves the Contractor from performance of the contract. The St. Louis District retains the right to deny any Contractor and sub-contractor employee from working on one of its contracts based on final background investigation results. All information received as a result of a background check will be handled according to Privacy Act regulation.

e. Access Control List: The Contractor will provide the Contracting Officer an Access Control List (ACL) which lists all employees to be on site during the duration of contract. Employees not listed on the approved ACL but are on site will be required to leave. As employees are added or deleted from the submitted and approved ACL, this information must be reported immediately to the Contracting Officer.

Added employees will not be permitted on-site until requirements of this paragraph are completed, submitted, and approved. In the event that an unexpected change in personnel is required, due to sudden absence of a critical employee or unforeseen change in work site condition, the Contractor shall immediately contact the Contracting Officer to obtain written approval for new/additional personnel to be brought on site prior to background check acceptance. Contractor shall submit Personnel Change Request Letter to the Contracting Officer and will receive written authorization from the Contracting Officer prior to bringing new personnel on site, and will ensure a criminal background check mentioned above is sent to the St. Louis District Security Office no later than 15 days from written notice of approval. Contracting Officer and/or the District Security Office reserves the right to terminate access of the employee upon completion of the Government’s review of the background check and the Contractor shall be notified immediately of any such Government decision.

a. Contractor and subcontractor personnel not expected to be on the worksite for more than 15 days may be allowed on site with the following conditions:

1) Employee will be on site a total of 15 days or less, for the duration of the project.

2) Employee is added to the ACL as a short term employee.

3) Employee is escorted while on site. This is defined as being in the line of sight of an identified prime contractor employee who has a background check on file with the St. Louis District (as noted on the ACL).

4) Each prime contractor employee can sponsor only five short term employees at a time.

b. Foreign National employees: Due to a difference in background check procedures for long term foreign national employees, all such employees must provide a photocopy of their passport to the St. Louis District Security Office NLT 30 days prior to arrival on site. Additional background check requirements may be required before being allowed access. Short term foreign national employees (e.g. specialists with a two week period of performance) may work on site with the following conditions:

1) Foreign national employee will be on site a total of 15 days or less, for the duration of the project.

2) Foreign national employee will comply with E-verify requirements (see E-verify paragraph).

3) Approved and identified prime contractor employee shall escort the foreign national employee at ALL times while on site.

4) Each prime contractor employee can sponsor only one short term foreign national at a time.

f. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the COR) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

g. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

h. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

5. SAFETY:

The Contractor shall comply with the applicable provisions of the current EM 385-1-1, Safety and Health Requirements Manual, U.S. Army Corps of Engineers (current edition), OSHA, ANSI, ASME B30, NFPA, state and local requirement.

If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein, the Contracting Officer may issue an order stopping all or part of the work for each call order affected by the infraction until satisfactory corrective action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order. The Contractor shall be required to submit an Accident Prevention Plan for review by the COR before performing any work. Reference is made to the EM 385-1-1, Appendix A, Accident Prevention Plan Checklist (Form A-02), which details the requirements of the Accident Prevention Plan. 1 Hard copy and an electronic version, in PDF format, of the Accident Prevention Plan shall be submitted to the Contracting Officer and COR within 30 business days after date of award and within five (5) working days when changes are made thereafter. After acceptance of the Accident Prevention Plan, the Contractor shall receive the Contracting Officer acceptance in writing of the plan or any proposed change to his safety program.

The contractor shall check in at each facility for Site Specific Safety orientation.

Mishap Reporting: A mishap is any unplanned, undesired event that occurs during the course of work being performed. The term “mishap” includes accidents, incidents and near misses. See Appendix Q of the EM 385-1-1 for definitions and the reporting thresholds and criteria in Section 01.D.03. Employers and supervisors are responsible for reporting all recordable mishaps to the COR within 24-hours after notification from the affected employee.

6. SERVICES:

Request for Quotes may be issued for performance of a range of services associated with HVAC, Plumbing, Electrical, Plumbing, and General Mechanical Services that will fall into one of the broad categories of services below:

HVAC Overview. The Contractor shall be able to perform maintenance, repair, replacement, and/or direct delivery of materials to include but not limited to the following: interior HVAC systems and/or component parts, exterior HVAC systems and/or component parts, and interior and exterior HVAC supply or distribution systems and other components for facilities and infrastructure throughout the agreement Area.

1.1 The Contractor shall be capable of performing holistic HVAC services to support scheduled and unscheduled maintenance requirements. At a minimum, the HVAC Technicians shall be capable of performing duties, including but not limited to:.

a. Remove, repair, or replace of inoperable or non-functioning system components to include but not limited to the Logic Control Panels, Boiler Units and Systems, Chiller Units and Systems, Supply and Return Ductwork, Supply and Return Water Lines, Pumps, Humidification Systems, Air Handler Units and Components, Condensing Units, Mini-Split Systems, Line Sets, Thermostats, Plumbing, Electrical/Wiring Connections, etc.

b. Recommending, designing, engineering, installing, and constructing partial or entire HVAC systems, including any upgrades, replacements, and/or alterations required of all aforementioned components. This includes components that are not scheduled for replacement, and are required to be revised for installations of new HVAC System components as specified to be replaced, complete, functional, and operational in accordance with the agreement specifications. The Contractor shall be responsible for delivery and installation of upgraded or replaced components and connection to the existing system, plumbing, drainage, and electrical feeds.

c. Scheduled maintenance per manufacturer’s specifications Plumbing Overview. The Contractor shall be able to perform maintenance, repair, replacement, and/or direct delivery of materials to include but not limited to the following: interior facility plumbing systems and/or component parts, exterior plumbing systems and/or component parts, and interior and exterior water supply or distribution systems and other components for facilities and infrastructure throughout the agreement Area.

2.1 The Contractor shall be able to equip Plumbers/Pipefitters(s) to support scheduled and unscheduled maintenance requirements. At a minimum, the Plumbers/Pipefitters shall be capable of performing duties, including but not limited to:

a) Installation, repair, maintenance, and testing of fittings and fixtures of heating, water, sewer, and drainage systems.

b) Installation, repair, maintenance, and testing of potable water, sewer, water, backflow and check valve systems, and open or closed drainage lines.

c) Installation, repair, maintenance, and testing of valves, pipe fittings, and pipes composed of metals, such as iron, steel, brass and lead, and nonmetals, such as glass, vitrified clay, and plastic.

d) Purging of air from piping.

e) Inspection, evaluation, and testing of leaks in piping an accomplishment of repairs.

f) Installation, repair, maintenance, and testing of plumbing fixtures including but not limited to sinks, commodes, bathtubs, showers, water heaters, hot water tanks, garbage disposal units, dishwashers, and water softeners.

g) Unclogging of pipes and drains.

h) Inspecting and/or diagnosing existing or potential problems in surface and buried water and sewage lines to include the use of snake cameras, wands, or other means available.

i) Dismantling and reassembling existing Fire Hydrants, diagnosing defects, examining parts and systems for damage, repairing, and lubricating.

j) Installation of new Fire Hydrants

k) Performance of routine maintenance of Fire Hydrants.

l) Performing standard shop computations relating to pressures, flow, and size of pipe required.

Electrical Systems Overview. Contractor shall be able to perform repair and maintenance requirements to include but not limited to the following: panel boards, UPS systems, switchboards, transformers and other components for facilities and infrastructure throughout the Contract Area

3.1 The Contractor shall be able to equip Electrician(s) to support scheduled and unscheduled maintenance requirements. At a minimum, the Electrician(s) shall be capable of performing duties, including but not limited to:

a) Installation, repair, maintenance, and testing of electrical equipment and apparatuses

b) Installation, repair, maintenance, and testing of transformers and power systems,

c) Installation, repair, maintenance, and testing of circuitry, generators, compressors, power generation equipment, emergency generators devices, and traffic control systems.

d) Repairs electrical equipment, disassembles electrical units such as generators, motors, voltage regulators, panel boxes, safety disconnects, and electrical appliances.

e) Locates sources of malfunction and ground faults, and accomplishes required repairs by splicing or replacing wiring, rewinding armatures and field coils, replacing commutators, and replacing damaged parts.

f) Installation, repair, maintenance, and testing of conduits, cables, conductors, wiring, switches, receptacles, breakers, fuses, outlets, device plates, and light fixtures.

g) Replacing wire in conduit runs

h) Performance of routine maintenance on electrical systems and fixtures.

i) Performance of non-destructive tests on electrical components and apparatus

Mechanical Systems Overview. Contractor shall be able to perform repair and maintenance requirements for the following general mechanical systems: mechanical switches, mechanical roll up doors, security barriers, paint booth and associated systems, lube oil system, compressors, pumps, washer/dryers, various appliances, Environmental Control Units (ECUs), duct maintenance and cleaning, electrical switches and outlets, wiring ballasts, disconnects, exterior electrical lines, light poles and base lighting systems and other components for facilities and infrastructure throughout the agreement Area.

4.1 The Contractor shall be able to equip. Mechanical Service Technician(s) to support scheduled and unscheduled maintenance requirements. At a minimum, the Mechanical Service Technician(s) shall be capable of performing duties, including but not limited to:

a) Installation, repair, maintenance, and testing of minimal to large scale Centrifugal Pumps, Submersible Pumps, Water and Trash Pumps, and Grinder Pumps.

b) Installation, repair, maintenance of Sluice Gates, Check Valves, Gate Valves, and Ball Valves.

c) Installation, repair, maintenance of Well House Components.

d) Installation, repair, maintenance, and testing of compressors, generators, motors, pneumatic tools.

e) Installation, repair, maintenance, and testing of cranes, tractors, all-terrain vehicles, and small motorized vehicles.

f) Installation, repair, maintenance, and testing of Overhead doors and Access Gates and associated mechanical components.

g) Diagnosing defects, dismantling and reassembling mechanical equipment, examining parts for damage or excessive wear, and cleaning of parts.

h) Welding of broken parts and structural members.

i) Installation, repair, maintenance, and testing of Water and Sewage Lift Stations and associated components.

j) Performance of routine maintenance of Mechanical Components.

7. TECHNICAL REQUIREMENTS FOR SERVICES:

a. Applicable Publications: The Contractor shall perform inspections and perform testing and training in accordance with the latest additions of the applicable publications as indicated below. They include but are not limited to:

Manufacturer Recommendations: For equipment, supplies, and materials used/or inspected by the

Contractor Operating Manuals, Repair Manuals and Maintenance Manuals Industrial Standards and Codes Underwriters Laboratories, Inc.

American National Standards Institute (ANSI) American Society for Testing and Materials (ASTM)

American Society of Mechanical Engineer (ASME), including but not limited to: ASME B30, Mobile and Locomotive Cranes, Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings, copies of which are available for purchase at https://www.asme.org/products/codes-standards/b305-2011-mobile-locomotive-cranes

National Electrical Code National Fire Protection Association EM 385-1-1 (Current Version) ER 385-1-91 (Current Version) Code of Federal Regulations, 29 CFR1926 Subpart CC, Department of Labor, Occupational Safety and Health Administration - Cranes and Derricks in Construction, copies of which are available at http://www.gpo.gov/fdsys/pkg/FR-2010-08-09/pdf/2010-17818.pdf

Army Regulation, AR 600–55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing), copies of which are available at http://www.wsmr.army.mil/pdf/AR600_55.pdf

29 OSHA 1910 &1926

Occupational Safety and Health Administration American Institute of Steel Construction

b. Damages to Government Property: The Contractor shall use reasonable care to avoid damaging buildings, equipment, vegetation and other Government property or members of the public. If the Contractor damages or loses any of this property, the Contractor shall replace or repair the damage, at no cost to the Government, to the approval of the Contracting Officer. A written report of the incident and extent of such damage shall be submitted to the Contracting Officer within two (2) working days (less weekends and holidays) of the occurrence. If the Contractor fails or refuses to make such repairs or replacements, the government shall pursue other means for remediation, and the Contractor shall be liable for all cost and incidentals associated with such means.

c. Contractor Furnished Equipment and Materials: The contractor shall furnish all labor, materials, supplies, support equipment and supervision necessary to perform services as specified within this SOW at contract areas as specified in call orders issued against this BPA. When a call order requires the use of equipment or vehicles, the operator must be qualified to operate the equipment. Unless otherwise specified, when the Contractor provides services under a call order, the Contractor shall provide all the necessary “tools of the trade” to accomplish the work. This includes the vehicles necessary to transport any materials and supplies, and/or Contractor personnel to and from the job site. All Contractor furnished supplies, parts and materials used shall be new and the same brand and model as the existing facilities or of a quality equal to or better than the items to be replaced or in accordance with the Government’s specifications. The items used shall be standard products of manufacturers regularly engaged in the production of such items. All Contractor furnished items are subject to approval by the Contracting Officer Representative prior to being used. The Contractor shall submit manufacturer’s instructions including special provisions required to install equipment components and system packages. If necessary, data composed of catalog cuts, brochures, circulars, specifications and product data, and printed information in sufficient detail and scope to verify compliance.

Submittals must be made and approved prior to installation.

8. POST-SERVICE DELIVERABLES:

Upon completion of services as required by Call Orders against this BPA the contractor shall submit the following deliverables within 10 calendar days from completion of any training, testing, and/or inspections provided unless otherwise specified within Call Orders issued. Submission of deliverables shall be required prior to final acceptance and payment for associated services. Deliverables include but are not limited to the following:

As-Builts: Upon completion of work, the Contractor shall submit to the government two (2) full-size sets and one

(1) electronic version containing PDFs of as-builts indicating all aspects of construction and layout of the entire revised HVAC System and components including but not limited to equipment, ductwork, dampers, electric or wiring, plumbing, pumps, control diagrams, and control sequences. Each as-built shall be identified by the Contract

Number associated with the contract. As-builts of each Contractor-prepared shop drawing should be prepared as soon as possible after the construction detailed on a given drawing has been completed. As-builts shall be submitted prior to final acceptance.

Operation and Maintenance Manuals: The Contractor shall furnish 3 complete copies of instructions outlining the step by step procedures required for system set-up, start-up, operation, shutdown, and system sequencing. The instructions shall include the manufacturer’s name, model number, service manual, parts list, a complete set of shop drawings, and brief description of all equipment and their basic operating features. Operation Manuals shall be submitted prior to training. The contractor shall furnish three complete copies of maintenance instructions listing routine maintenance procedures, annual maintenance requirements, possible breakdowns, repairs, and a troubleshooting guide. The instructions shall include equipment layout and simplified wiring and control diagrams for the system as installed. Maintenance Manuals shall be submitted prior to training.

Warranty of Work: The Contractor shall warrant that work performed under this agreement, including work performed by a subcontractor, conforms to the contract requirements and shall be free of defects. The terms of this warranty shall continue for thirty days (30) after the completion of work.

Various Miscellaneous Reports: Submit reports as required and identified in each call order.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

MAY 2018

52.222-41 Service Contract Labor Standards AUG 2018 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-1 Payments APR 1984 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.244-6 Subcontracts for Commercial Products and Commercial Services

OCT 2022

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5)…