Combined synopsis-solicitation.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, in conjunction with FAR Subpart 13.106, and as supplemented with additional information included in this notice. This announcement is the only solicitation; quotes are being requested, and a written solicitation will not be issued.

Combined synopsis/solicitation number 50310225Q0056 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-04, dated June 11, 2025.

This acquisition is solicited as a 100% small business set-aside. The North American Industrial Classification Systems (NAICS) code 238220 and the business size standard is $19.0 Million. All responsible sources may submit a quotation which shall be considered by the agency.

The price summary sheet is attached and shall be provided with your quotation.

The requirement of this solicitation is for HVAC/AC preventative maintenance services, equipment repair and emergency service calls for the SEC Boston Regional Office located at 33 Arch Street, 24th Floor, Boston, MA 02110. The FOB point is destination.

The equipment to be serviced is as follows:

• AC Unit Stultz Model # VFS096DWU; Serial #05320012

The location of this unit is on the 23rd Floor; the server room number is 23105.

The period of performance for this purchase order includes a 12-month base year with four (4) one-year options, from September 20, 2025 to September 19, 2030.

This is a Firm Fixed Price (FFP) purchase order that will be awarded via OPEN MARKET as set forth in the Statement of Work included herein. This award shall be made via Lowest Price Technically Acceptable (LPTA). Award will be all or none.

FAR 52.212-1, ‘Instructions to Offerors – Commercial Products and Commercial Services’, applies to this acquisition.

SUBMITTAL INSTRUCTIONS

Each Quoter is requested to submit one (1) electronic copy of your company’s quotation.

The electronic version shall be submitted to Ms. Khaleelah Wright at WrightKh@sec.gov. Quoters that do not submit an electronic copy as stated above will be excluded from the competition and deemed unacceptable.

The closing date and time of this solicitation is June 23, 2025 at 10:00AM Eastern Time. LATE QUOTES MAY NOT BE ACCEPTED.

mailto:WrightKh@sec.gov

Questions regarding this Request for Quotation (RFQ) must be submitted in writing and sent via e-mail to the attention of the Ms. Khaleelah Wright at WrightKh@sec.gov no later than 10:00 a.m. Eastern Time on June 16, 2025. Questions received after that date/time will not be addressed.

Vendors shall submit quotations on company letterhead signed by an authorized company representative by the closing date and time. Quotes must be submitted via email only.

Paper copies of this solicitation will not be issued and telephone, fax, or email requests for the solicitation will not be accepted. Quotes must be valid for ninety (90) days after due date. Any amendment(s) issued to this RFQ will be published on this website.

Therefore, it is the quoter’s responsibility to visit this website frequently for updates on this procurement.

Electronically submitted quotations shall be submitted to the following email address:

WrightKh@sec.gov

All quote submissions must include the following information (preferably to be provided on the quote submission cover letter and will not be included in the page limitation):

a) Vendor’s Unique Entity Identification (UEI) Number

b) Contact Name

c) Contact Email address

d) Contact telephone and fax number

e) Complete business mailing address

**It is the contractor's/quoter's responsibility to ensure that electronically submitted quotes are received by the Government by the due date.

Clarity and completeness of the quote are of the utmost importance. The quoter must be written in a practical, clear and concise manner. It must use quantitative terms whenever possible and must avoid qualitative adjectives to the maximum extent possible.

VOLUME 1 - TECHNICAL QUOTE:

The Quoter’s technical submission should demonstrate the firm’s capability to perform the requirements outlined in the solicitation. Quoters shall provide a technical quote that includes the following general area/factor:

A. Technical Approach and Understanding

The Quoter must describe their technical approach that satisfies the requirements defined in the Statement of Work (SOW) and provide proof of state license.

Page Limitation: The technical quote submission shall be limited to fifteen (15) one-sided pages.

Quoters shall not include any price information in the technical quote.

VOLUME 2 - PRICE QUOTE:

Each Quoter shall submit a price quote separate from the technical quote. The price quote shall be complete and accurate in all respects and provide pricing information to demonstrate the Quoter’s ability to satisfactorily perform the work called for by this

RFQ.

The price quote shall include a completed copy of the Price Quotation Worksheet to include pricing for the Base Year and Option Years 1 through 4 to include a grand total (see Attachment 1). There is also an additional 6-month option in Attachment 1 which quoters are also required to provide pricing per FAR 52.217-8 which should be included in the grand total.

There are no page limitations for the Price Quote.

All sections shall be sent via one email. Place the Solicitation number within the subject line of your submittal.

EVALUATION FACTORS FOR AWARD

The Government intends to award a single purchase order to the responsible quoter whose quote is the Lowest Price Technically Acceptable Quote after an evaluation is conducted in accordance with the technical factors in this solicitation.

The technical evaluation criteria set forth below have been developed by the program office and have been tailored to the requirements in this solicitation. The quoter is informed that these criteria, (1) serve as the standard against which all quotes will be evaluated and (2) serve to identify the significant matters which the quoter should specifically address in complying with the requirements of this solicitation.

An award will be made to the Quoter whose quote meets the Government’s requirements and presents the lowest price. Quoters are cautioned that their initial quote should contain the best terms from a technical and price standpoint. The failure of a Quoter to meet any given requirement or instruction of the RFQ in their quote may result in the entire quote being found to be unacceptable and thus eliminated from the competition.

All quotations received in response to this RFQ shall remain valid for 120 calendar days from the date of quotation submission.

The Government reserves the right to make no award pursuant to this solicitation.

EVALUATION FACTORS

The evaluation of quotes will be based on the following factors:

A. Technical Approach and Understanding B. Price (Non-Rated)

Awards may also be made on the basis of initial quotes without discussions. Quoters are therefore cautioned that each initial quote should contain the Quoter’s best terms.

EVALUATION OF FACTORS

Technical quotes submitted in response to this RFQ will be evaluated as follows:

1) Technical Approach and Understanding - the Government will assess the degree to which the Quoter effectively demonstrates knowledge, understanding, and technical ability to successfully perform the requirements of the SOW, and provide proof of state license.

Price quotes will be evaluated based on price competition received through the submission of several price quotations and previous pricing data.

Offerors must include a completed copy of the provision at 52.212-3 (MAY 2024) (DEVIATION FEB 2025), Offeror Representations and Certifications—Commercial Products and Commercial Services, with its offer. The FEB 2025 deviation altered FAR 52.212-3 in two places as seen in Supplements to CAAC Letters 2025-01 and 2025-02.

All vendors are cautioned, they must be registered with the System for Award Management (SAM) at the time of submitting its quote. SAM can be accessed at Internet address: https://sam.gov/. Confirmation of SAM registration will be validated prior to issuance of an award.

CLAUSES AND PROVISIONS

The following FAR provisions and clauses apply to this solicitation:

52.204-7 System for Award Management; 52.204-13 System for Award Management Maintenance (OCT 2018); 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023); 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) [Note: This FEB 2025 deviation altered FAR 52.212-5 as seen in Supplements to CAAC Letters 2025-01 and 2025-02]; 52.217-8 Option to Extend Services (NOV 1999); 52.217-9 Option to Extend https://sam.gov/ the Term of the Contract (MAR 2000); and 52.252-2 Clauses Incorporated by Reference

(FEB 1998).

Full text of the FAR provisions and clauses may be obtained from the following Internet website: https://www.acquisition.gov/browse/index/far.

The following SEC local clauses apply to this solicitation:

5003.05 SUBMISSION OF INVOICES - DELPHI EINVOICING SYSTEM

(JANUARY 2022)

a. The Securities and Exchange Commission (SEC) will only accept electronic invoices submitted through the Delphi eInvoicing system on a monthly basis.

b. Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) In order to set up a new user account or make changes to existing vendor Delphi eInvoice users who will submit invoices through the eInvoicing web-portal for payment and tracking purposes, notify iSupplier@sec.gov and include the contract/order number, the user's full name, valid email address (group mailboxes are not recommended), and current phone number of all vendor users. Vendor users will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm's points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

c. Contractors are cautioned against submitting an invoice prior to goods and services being received/accepted. Invoices submitted prematurely may be rejected. Software https://www.acquisition.gov/browse/index/far license maintenance and subscriptions may be invoiced at the beginning of the contract period of performance.

d. The SEC's Delphi eInvoicing system is managed by the Enterprise Services Center (ESC). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Company logo or letterhead

(2) Company name and payment address

(3) Company Point of Contact (POC) for the invoice with phone and e-mail

(4) Invoice number and invoice date

(5) Billing period

(6) SEC Contract number

(7) Task/Delivery Order number (if applicable)

(8) SEC Contracting Officer's Representative (COR name)

(9) Amount billed (by CLIN), current and cumulative

(10) Total amount billed this period

(11) Cumulative total billed to date

(12) Brief Description of Services Performed - General description only

e. If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

5004.00 APPOINTMENT OF CONTRACTING OFFICER’S

REPRESENTATIVE (COR) (JANUARY 2022)

a. A Securities and Exchange Commission COR has been designated for administration and information relating to this contract. The SEC may also assign one or more Alternate CORs for this contract. The COR may not re-delegate his or her authority; only the CO has this authority. A COR Appointment Letter (and ACOR Appointment Letter if applicable) detailing the designations will be e-mailed to the contractor.

b. The COR will manage the contract in coordination with the CO and within the terms of the contract. The COR’s responsibilities include reviewing invoices and charges by the Contractor, informing the CO of areas where exceptions are taken, and accepting or rejecting invoices in the SEC’s financial system. The COR shall be the primary point of contact responsible for communicating administrative guidance for on-boarding and off-boarding of Contractor Personnel, mandatory trainings, government closures, and other events as necessary. Unless otherwise specified in this contract, inspection and acceptance of supplies and/or services to be furnished under this contract will be performed by the COR.

c. Only the CO has the authority to change the terms and conditions of this contract. The COR may request a contract modification, but the CO will make the final determination.

The COR may not agree to or issue a change to the contract terms and conditions. In the event the Contractor effects changes to the contract at the direction of any person other than the CO, the changes will be considered to have been made without any authority and no adjustments will be made to the contract.

6002.00 Type of Contract (NOVEMBER 2024)

This is a Firm-Fixed-Price type contract/agreement.

6027.00 DISCLOSURE OF INFORMATION (NOVEMBER 2023)

(a) The Contractor shall not refer to this contract in press releases, announcements, commercial advertising or similar promotions, or other publications in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

(b) The Contractor and those acting on behalf of the Contractor shall not release to anyone outside the Contractor's organization any classified or unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(c) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 30 days before the proposed date for release.

(d) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(e) The provisions and restrictions of this Instruction are consistent with and do not supersede, conflict with, or otherwise alter the obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this Instruction and are controlling.

7001.00 COMMERCIAL SUPPLIER AGREEMENTS – UNENFORCEABLE

CLAUSES (OCTOBER 2022)

(a) Purpose The purpose of this SEC Instruction (SECI) is to implement the FAR 12.302(c) Class Waiver approved by the SEC Senior Procurement Executive that addresses conflicting and/or problematic terms in Commercial Supplier Agreements (CSAs) (e.g., license agreements, terms of service (TOS), terms of sale or purchase, End User License Agreements (EULAs), and similar agreements).

(b) Order of Precedence When FAR 52.212-4 is present in the solicitation or contract at issue, its paragraphs are tailored to reflect:

(s)(2) (“The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations paragraphs of this clause, and SECI 7001.00, Commercial Supplier Agreements – Unenforceable Clauses.”), and

(s)(4) (“Addenda to this solicitation or contract, including any license agreements as amended by SECI 7001.00, Commercial Supplier Agreements – Unenforceable Clauses.”)

(c) Unenforceable Clauses When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, “this agreement” means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is the SEC, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12.)

(ii) End user. This agreement shall bind the SEC as the end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S.

state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance per FAR 52.212-4(d).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S.

Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised CSA must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification (by licensor). Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. § 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the SEC. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the SEC, will be resolved in accordance with FAR 52.212-4(d) (Disputes); no payment obligation shall arise on the part of the SEC until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor’s expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted under FAR 52.212-4(b).

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act.

Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (1), the language, provisions, or clause of paragraph (1) shall prevail to the extent of such inconsistency.

SEC 2025-001

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.

WAGE DETERMINATION

Wage Determination No 2015-4047, Rev 29, dated December 23, 2024 (Attachment 2) applies to this acquisition.

STATEMENT OF WORK

C-l GENERAL DESCRIPTION

The U.S. Securities and Exchange Commission (SEC) has a requirement for skilled union technicians to provide HVAC/AC preventative maintenance services, equipment repair and emergency service calls in the Boston Regional Office. The Contractor shall provide quarterly inspection and preventative maintenance checks, service calls and emergency services for the HVAC/AC equipment to include the following location: 23rd Floor, Computer Room.

C-2 TASKS

C-2.1 The Contractor shall respond to service calls for the SEC's HVAC/AC equipment during regular working hours (Monday- Friday, 8:00AM to 4:30 PM) on a quarterly basis. Maintenance services include the following:

1. Check fan assembly.

2. Check fan bearings.

3. Check motor bearings.

4. Check belts & sheaves.

5. Check motor amps/volts/winding.

6. Check evaporator coil.

7. Check drain pans and drains.

8. Check electrical connections.

9. Check operating/safety/controls.

10. Check operation of run/stop/alarm.

11. Check temperature/humidity settings.

12. Check humidifier pans/drains.

13. Check humidifier overall operation.

14. Check compressor volts/amps.

15. Check compressor oil level.

16. Check visually for refrigerant & oil leaks.

17. Check crankcase heater w/a.

18. Check condenser fan operation.

19. Check tubing for chafing/vibrations.

20. Check operating pressures.

21. Check condenser coil w/a.

22. Check water regulating valve operation w/a.

23. Re-secure loose cabinet panels.

24. Check overall operating conditions.

25. Replace pre-filters every quarter.

26. Lubricate all bearings and motors.

27. Clean and check condensation pans and drain lines.

28. Clean and check condensation pumps.

29. Check and adjust all belts and drives. Belt to be changed a minimum of once a year.

30. Visually inspect all refrigerant piping for leaks.

31. Take ampere readings on all motors and compressors.

32. Check air distribution.

33. Test system operation.

34. Check operation for auto dampers.

35. Clean and check water strainers.

C-2.2 The Contractor shall notify the SEC's Contracting Officer's Representative

(COR) of the material required for repairs for prior authorization.