B01 75H70126Q00027.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

75H70126Q0002 7 05/28/2026

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION calls) LOCAL TIME

► INFORMATION CALL: Toby Hayden at toby.hayden@ihs.gov 06/03/2026 503-414-5524 5pm PT

9. ISSUED BY CODE

Indian Health Service - DES Seattle

701 5th Avenue, Suite 1600

Seattle, WA 98104

11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

□ SEE SCHEDULE

15. DELIVER TO CODE

Yakama IHS - Annex Building

341 Fort Road, Toppenish, WA 98948

17a. CONTRACTOR/ GODEi I FACILITY

OFFEROR CODE

TELEPHONE NUMBER

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19. 20.

ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES

Yakama Annex Chiller Coil Replacement

SEE SECTION B PRICE SCHEDULE

10. THIS ACQUISITION IS □ UNRESTRICTED OR [gj SET ASIDE: 100 % FOR:

[gj SMALL BUSINESS

WOMEN-OWNED SMALL ---

NORTH AMERICAN

□ HUBZONE SMALL BUSINESS (WOSB) INDUSTRY CLASSIFICATION

BUSINESS ECONOMICALLY STANDARD (NAICS):

SERVICE-DISABLED

□ VETERAN-OWNED

□ DISADVANTAGED 238220

WOMEN-OWNED SMALL SIZE STANDARD:

SMALL BUSINESS □ BUSINESS (EDWOSB)

$19M (SDVOSB) 8(A}

13a. THIS CONTRACT IS A

□ RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700 )

16. ADMINISTERED BY

See Block 9

18a. PAYMENT WILL BE MADE BY

13b . RATING

14. METHOD OF SOLICITATION REQUEST

REQUEST INVITATION FOR

[g]FOR QUOTE □ FOR BID □PROPOSA

/RFQ) /IFB) (RFP)

CODE I

CODE I

Indian Health Service - Portland Area Office

1414 NW Northrup St., Suite 800

Portland, OR 97209

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED [gj SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

[gj 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

[gj ARE □ ARE NOT ATTACHED

□ ARE □ ARE NOT ATTACHED

L

(gj28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 □ 29. AWARD OF CONTRACT: REFERENCE OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ---

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED. . YOUR OFFER ON SOLICITATION

(BLOCK 5 ), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Yakama Annex Chiller Coil Replacement Solicitation No. 75H70126Q00027 3

SECTION B. PRICE SCHEDULE

B.1. PRICE SCHEDULE (Offeror fill-in)

CLIN DESCRIPTION QTY UNIT TOTAL PRICE

The contractor shall complete the Yakama Annex Chiller Coil Replacement in accordance with Section C and the terms and conditions of this contract.

1 JOB

TOTAL FIRM FIXED PRICE

B.2 SECTION B NOTES TO OFFERORS

B.2.1 PRICE SCHEDULE NOTES

Offeror(s) must submit pricing for all line items in the above schedule to be considered responsive for award. The price for each line item shall include any and all associated costs; including but not limited to all applicable Tribal Employment Rights Ordinance (TERO) taxes, State and local taxes, salaries, overhead, G&A, fringe benefits, insurance, bonding, profit, travel, per diem, lodging, labor, tools, material, equipment, all subcontracting costs, and any other costs necessary to perform the work herein. Failure on the part of the successful offeror to include these associated costs not constitute a request for an equitable adjustment to the contract price.

Travel expenses will not be reimbursed.

B.2.2. PRICING DATA SUBMISSION

In accordance with FAR 15.403-3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, offerors/quoters may be requested to submit a breakdown of costs for the above line items so that the determination of a fair and reasonable price can be made by the Contracting Officer.

B.2.3. SOLICITATION SPECIFIC TERMS AND CONDITIONS

Questions regarding the solicitation and project must be submitted in writing to Toby Hayden, Contract Specialist, via e-mail at toby.hayden@ihs.gov. Questions will be accepted up to 3 days before proposal due date. The Government is not obligated to answer any questions submitted after this date. All questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s) to the Contract Specialist.

Proposals are to be submitted via e-mail to Toby Hayden at toby.hayden@ihs.gov by the date and time indicated in Block 8 of the SF1449. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

B.2.4. PERIOD OF PERFORMANCE

The contractor shall proceed and complete the work within 14 days of the notice to proceed. No work will be performed on Saturdays, Sundays, federal holidays, or Tribal holidays without the Government’s consent.

B.2.5. INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete work described in the contract. Unless otherwise provided, the contractor shall furnish all labor hours, materials, equipment, tools, transportation, and supplies, TERO requirements and perform all work required by the Section C Statement of Work (SOW). Payment for contract work will be made for and under those pay items included in the Section B.1. Price Schedule (which is one firm fixed-price price for the contract). All other work, materials, and labor hours will be considered as incidental to and included in the payment for items shown.

B.2.6. WAGE DETERMATION

The U.S. Department of Labor Service Contract Act is applicable. The wage determination is included as an attachment in Section J.

The most up to date version(s) of the applicable Wage Determination(s) will be included at contract award.

B.2.7. OTHER IMPORTANT INFORMATION

Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are issued in writing by the Contracting Officer. 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 contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed within the change and shall immediately notify the Contracting Officer.

END OF SECTION

Solicitation No. 75H70126Q00027 4

SECTION C. STATEMENT OF WORK

Yakama Indian Health Service Annex Building Chiller Coil Replacement

I. Overview

A. Site Location

Annex Building 341 Fort Road Toppenish, WA 98948

B. Background The Annex Building (Annex) is a single-story structure, approximately 7,200 SF, constructed in 1965. The facility is located in the city of Toppenish, Washington on the Yakama Reservation. The Annex is owned and operated by the Indian Health Service to serve the Yakama Nation and other members of federally recognized tribes and Alaskan Natives. The Annex is currently occupied by Yakama Nation Programs and Portland Area OEHE staff.

The 20-ton Mechanical Chilling unit has a leak in the single refrigerant circuit that is preventing the unit from operating normally. With no active cooling, building occupants are experiencing elevated interior temperatures which is impacting business operations and patient care.

C. Work Summary

This project includes repair by replacement of the leaking refrigerant coil and recharge of the unit for normal operation. Any refrigerant in the system is to be removed and disposed of according to EPA regulations. Chiller refrigerant circuit to be pressure tested per applicable manufacturer recommendations prior to recharging the unit for normal operation.

F. Technical Requirements

A. Codes, References, and Standards

Work under this contract shall be performed in compliance with the codes, references, and standards listed below.

1. 2012 NFPA 101 Life Safety Code

2. 2021 International Building Code (IBC)

3. 2021 International Existing Building Code (IEBC)

B. Submittals

The Contractor shall provide submittals on the items listed below. COR approval is required before proceeding with the portion of work the submittal applies to.

1. Pre-Construction

a. Construction Schedule

b. Equipment/shop drawings of mechanical coil

c. Specifications of replacement coil

2. Materials

a. Refrigerant – 410A

a. Approximately 45 lbs

b. Coil replacement from Manufacturer

3. Refrigerant Disposal

a. Disposal manifest or similar document

4. Post-Construction

a. Warranties

b. As-built/shop drawings

Solicitation No. 75H70126Q00027 5

C. Material Specifications Equipment specified may be substituted with approved equals in accordance with FAR 52.211-6 Brand Name or Equal.

Specifications for all materials used shall meet manufacturer’s specifications.

D. Quality Assurance

a. Perform leak test with nitrogen, if applicable by manufacturer.

b. Commission Chiller per manufacturer’s recommendation after repair is complete.

E. Work Execution Requirements

1. Conduct a site verification visit prior to mobilization to confirm existing conditions of the unit and space available.

2. Coordinate work schedule with the COR to avoid conflicts with other facility activities.

3. Recover and dispose of any refrigerants left in the circuit.

4. Perform demolition of existing coil and remove waste from site

5. Perform testing as indicated in Quality Assurance.

6. Commission unit per manufacturer’s recommendations.

7. Secure the work area to prevent public access during construction. Maintain clear egress routes from adjacent doors at all times unless otherwise coordinated with the COR.

8. Remove debris and waste materials daily to a designated disposal area. Maintain a clean and safe worksite per OSHA and IHS safety policies.

9. Notify the COR at least 48 hours in advance of all inspections or major activities.

F. Closeout

1. Submit Warranty Information - Reference FAR 52.246-21 Warranty

a. All warranties the Contractor receives from sub-contractors, manufacturers and suppliers shall be executed in writing for the benefit of the Government. The Contractor shall provide the COR with copies of all warranties obtained.

G. Drawings/Specification – See Section J

Solicitation No. 75H70126Q00027 6

SECTION D. PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies to the project site must be addressed to the contractor and not the Indian Health Service. Preservation, packaging and packing must be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

Equipment and materials provided by the contractor must be new and, where appropriate, must arrive on-site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items it determines to not meet these requirements.

Solicitation No. 75H70126Q00027 7

SECTION E. INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE TITLE DATE

52.246-1 Contractor Inspection of Requirements APR 1984 52.246-4 Inspection of Services – Fixed Price AUG 1996

Solicitation No. 75H70126Q00027 8

SECTION F. DELIVERIES OF PERFORMANCE

Period of Performance (PoP) is 14 days from the date of the Notice to Proceed.

Solicitation No. 75H70126Q00027 9

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2. CONTRACTING OFFICER’S REPRESENTATIVE

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the government without prior notice to the contractor by a unilateral modification to the contract. The COR appointment letter is located at: see separate letter at contract award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer. Failure to submit this completed release will result in a delay of final payment.

G.4. INVOICE REQUIREMENTS

(a) Invoices must be prepared and submitted and will be paid in accordance with the following FAR clauses specified in Section I:

(1) FAR 52.232-1, Payments (April 1984)

(2) FAR 52.232-8, Discounts for Prompt Payment (Feb 2002)

(3) FAR 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018)

(4) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. Invoices for payment shall be sent via e-mail to the COR and CO for approval prior to submitting within www.ipp.gov. The Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP).

(c) Progress payments will not be authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)—Upon receipt of accelerated payments from the Government, the contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the

Solicitation No. 75H70126Q00027 10 applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.5. ADDRESS FOR CORRESPONDENCE

It is the intent of the Government to use electronic means as much as possible while administering this contract.

Most correspondence should be sent via email directly to the Contracting Officer and COR. If sending documents via postal mail, include the Contract Number on all correspondence. Overnight Mail and U.S. Mail must be sent to the Contracting Officer, unless otherwise specified, at the following address:

Indian Health Service – Portland Area Office 1414 NW Northrup St., Suite 800 Portland, OR 97209

G.6. IDENTIFICATION OF CONTRACTOR EMPLOYEES

Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The Contracting Officer or their designee will approve the ID badge template before the contract start date.

Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract on site and when attending Government meetings and conferences off-site. Unless otherwise specified, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

Utilizing Electronic Mail (e-mail). When prime contractor or subcontractor personnel send e-mail messages as part of contract performance or otherwise relating to contract matters, each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

G.7. TEST RESULTS

The contractor must submit all results of test(s) required by the contract to the COR for review.

G.8. PERMITS AND CERTIFICATES

The contractor must submit a copy of all permits and certificates as required by the contract to the COR.

G.9. CERTIFICATION OF PAYMENTS - RELEASE OF CLAIM (ROC)

The contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer (to be provided at award). Failure to submit this completed release will result in a delay of final payment.

Solicitation No. 75H70126Q00027 11

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(c) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(d) The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. “Specialty Subcontractors,” when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

H.2. SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed as an excluded party within the System for Award Management (SAM) unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non-Procurement Programs is available at: https://www.sam.gov/

(c) In the event of the contractor’s noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term “subcontractor,” as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

(e) Within ten days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract on Form SF-1413.

(f) The contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

H.3. WORK HOURS AND ACTIVE GOVERNMENT OPERATIONS

Normal work days and hours are Monday through Friday, 7:00 am to 5:00pm excluding federal holidays for occupied facilities and no set times or days for unoccupied spaces. The contractor shall notify the COR a minimum of 72 hours in advance of arriving on site to complete work and check in with the COR upon arrival. A minimum of 48 hours of advance notice is required for special request to work outside of normal work hours.

H.4. EMPLOYEE APPEARANCE

The contractor must ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn. All contractor/subcontractor employees working under this contract must be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment.

H.5. REMOVAL OF EMPLOYEES/SUBCONTRACTORS

All work under this contract must be performed in a skillful and workmanlike manner. The Contracting Officer may require in writing that the contractor immediately remove from the work site any employee of the contractor, and employee of the subcontractor, or the subcontractor, if the Contracting Officer deems that a person or company is incompetent, careless, or otherwise objectionable. The use of, or possession of any alcohol or illegal drugs, is cause for immediate removal from the project.

Solicitation No. 75H70126Q00027 12

SECTION I. CONTRACT CLAUSES

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE TITLE DATE

52.204-13 System for Award Management Maintenance (DEVIATION) (RFO NOV 2025) Jan 2025 52.212-4 Contract Terms and Conditions – Commercial Items (DEVIATION) (RFO NOV 2025) Nov 2023 52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION) Apr 2026 52.226-7 Drug-Free Workplace May 2024 52.232-1 Payments Apr 1984 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 52.233-1 Disputes (DEVIATION) (RFO NOV 2025) May 2014 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-15 Stop-Work Order Aug 1989 52.243-1 Changes – Fixed-Price, Alt II (DEVIATION) (RFO JUL 2025) Apr 1984 52.253-1 Computer Generated Forms (DEVIATION) (RFO JUL 2025) Jan 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

CLAUSE

NUMBER TITLE DATE

352.223-70 Safety and Health December 18, 2015 352.226-1 Indian Preference (DEVIATION) (MAR 2025) December 18, 2015

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION) (RFO NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

Solicitation No. 75H70126Q00027 13

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason

Solicitation No. 75H70126Q00027 14 for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far/index.html

Solicitation No. 75H70126Q00027 15 http://www.hhs.gov/policies/hhsar/ https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.acquisition.gov/caac-letters https://www.acquisition.gov/far-overhaul (End of Clause)

HHSAR 352.232-71, ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MARCH 2022)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

Solicitation No. 75H70126Q00027 16

SECTION J. LIST OF ATTACHMENTS

J01 Cooling Optimization – Plans Final Truncated J02 SCA WD 2015-5543 Revision 28, dated 5/13/2026

To be provided at time of award:

Release of Claims Form (to be submitted with final invoice)

Solicitation No. 75H70126Q00027 17

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

CLAUSE NUMBER TITLE DATE

52.204-19 Incorporation by Reference of Representations & Certifications Dec 2014 52.204-91 Contractor Identification (DEVIATION) (RFO SEPT 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (DEVIATION) (RFO APR 2026) Feb 2016

NOTICE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in

SAM.

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) (RFO APR 2026)

The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. As part of the SAM registration process, the Government collects information, as described in paragraphs (b) through (d) of this provision, that is necessary to identify the Offeror and for the Offeror to be awarded Federal Government contracts. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at the Federal Acquisition Regulation (FAR) 52.204-13, System for Award Management—Maintenance, of this solicitation.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer identification number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-13, System for Award Management— Maintenance, of this solicitation.

(b) Identifiers. The Offeror shall obtain and provide the following identifying information:

(1) Unique entity identifier (UEI).

(i) The Offeror shall obtain a UEI to register in SAM. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI to the Offeror. Go to https://www.sam.gov for instructions on obtaining a UEI.

Solicitation No. 75H70126Q00027 18

(ii) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(iii) The Contracting Officer will use the UEI to verify that the Offeror has an active Federal Government contracts registration in

SAM.

(2) Taxpayer identification number (TIN).

(i) The Offeror shall provide its TIN or related information to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and implementing regulations issued by the IRS. The Offeror shall consent for TIN validation; and

(3) Commercial and Government Entity (CAGE) code.

(i) The Offeror shall provide a CAGE code and legal business name (Do not use a “doing business as” name) for—

(A) Itself;

(B) Its immediate owner(s), if any;

(C) Its highest-level owner, if any; and

(D) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a Federal contract or grant within the last three years.

(ii) If the Offeror is in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA CAGE Branch will assign a CAGE code to the Offeror as a part of the SAM registration process. For information on obtaining a CAGE code go to https://cage.dla.mil/.

(iii) The Offeror shall get from any immediate and/or highest-level owner(s) their respective CAGE code(s) to provide the code(s) as part of the registration (FAR 52.204-7(b)(3)(i)).

(iv) If the Offeror is located outside of the United States or its outlying areas, and does not already have a CAGE code assigned, the Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then…

Located in a country that is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation

Contact the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts)

Located in a country that is not a member of NATO or a sponsored nation

Contact the NATO Support and Procurement Agency (NSPA) (https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(c) Representations and certifications.

(1) The following FAR solicitation provisions contain entity-level representations and certifications that the Offeror shall submit as part of their Federal Government contracts registration in SAM:

Provision Title Date

Solicitation No. 75H70126Q00027 19

52.204-5 Women-Owned Business (Other Than Small Business) Oct

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation Nov

52.209-5 Certification Regarding Responsibility Matters Aug

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

Feb

52.219-1 Small Business Program Representations Feb

52.219-1 Alt I

Small Business Program Representations, with its Alternate I

Feb

52.219-1 Alt II Small Business Program Representations, with its Alternate II

Mar

52.226-2 Historically Black College or University and Minority Institution Representation Oct

(2) By submitting its offer, the Offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the provisions listed in paragraph (c)(1) of this provision are current, accurate, and complete. The Offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

(d) Other information. The Offeror shall provide more information on its business operations and type that is necessary to be considered for award of certain contracts and financial information necessary to receive payment under contracts.

(End of provision)

Solicitation No. 75H70126Q00027 20

SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES OF OFFERORS OR RESPONDENTS

The following clauses are incorporated by reference (see FAR 52.252-2):

FEDERAL ACQUISITION REGULATION (FAR)

PROVISION NUMBER TITLE DATE

52.212-1 Instructions to Offerors—Commercial Items Provisions and Clauses (DEVIATION) (RFO SEPT 2025) Sep 2023

L.1. INTERPRETATION OF SOLICITATION - DISCREPANCIES

(a) The Offeror has a duty to inquire and seek clarification concerning possible ambiguities and/or discrepancies. The Order of precedence for resolving any discrepancies among documents is solicitation document, specifications and drawings, descending in that order.

(b) It shall be the…