Questions and Answers FA568226Q8003 - BlueBox Brand Name Chiller Units Supply BPA 04 March 2026.pdf

1. Cf. PWS §3.1, can the Government confirm that European Union laws, standards and regulations (including CE marking, and Regulation 2024/573 on fluorinated greenhouse gases) take precedence for all requests of this BPA?

a. Reference is made to the Performance Work Statement, Chapter 4.1 - Product Compliance, which at point 2 specifies that the Contractor shall make sure that any chiller unit is compliant with any applicable host nation and European law and regulation concerning authorizations for product manufacturing, import, and market placing.

2. Considering the progressive GWP (Global Warming Potential) limitations and expected refrigerant restrictions related to the Regulation (EU) 2024/573 on fluorinated greenhouse gases, how does the Government intend to manage potential product transitions (e.g., replacement of current chiller models with new very low-GWP <150 models) during the BPA period of performance (2026– 2031)?

a. New products will be accepted to the extent that they comply with the applicable laws, regulations, and standards in force at the time of each purchase order and that their performances are equivalent or better than the ones of the units no more made available to the U.S. Government under this Blanket Purchase Agreement.

3. If certain currently listed models become non-compliant with EU law during the 5-years BPA term due to GWP limitations or refrigerant bans, will the Government accept technically equivalent successor models meeting updated low-GWP regulatory requirements and corresponding updated pricing without triggering a new competition?

a. The new models will be accepted to the extent that they comply with the applicable laws, regulations, and standards in force at the time of each purchase order and that their performances are equivalent or better than the ones of the units no more made available to the U.S. Government under this Blanket Purchase Agreement. In this regard, reference is made to the Performance Work Statement, Chapter 4.2, which specifies that the Contractor is required to update said price list at least once a year and, in any case, whenever a modification of any product’s technical specifications occurs. If a specific chiller unit is subject to any modification or is withdrawn from the market, the Contractor is in charge of notifying said change and shall either remove it from the pricelist or replace it with an equivalent model after providing hard copy of an official declaration, stamped and signed by a manufacturer’s legal representative. The Contractor is responsible for supplying, at the same prices, terms and conditions, the latest model in production of the technical documentation offered in the tender, if the latter has been replaced, after the award and before installation, by a different model with superior technical characteristics.

4. The Solicitation mentions that prices shall be fixed for the 5-year BPA duration;

however, PWS §4.2 requires the Contractor to update the price list at least once a year. Given the current fluctuations in industrial, energy, and labor costs, could the Government clarify this discrepancy and confirm that an Economic Price Adjustment (EPA) can be requested on an annual basis? Specifically, this point is particularly important for the Net price definitions: we propose that price validity be limited to 12-months, with the possibility of renewal/adjustment under the BPA framework to ensure contract sustainability.

a. Yes, the price list will be updated each year in accordance with PWS §4.2.

Any changes in pricing must be accompanied by adequate justification and supporting documentation to substantiate the adjustments. This ensures transparency and alignment with market conditions while maintaining the integrity of the BPA framework.

5. Should the Government decline the requested Price Adjustment due to documented market increases, could you clarify if the Contractor will have the right to decline individual BPA calls or withdraw from the agreement without penalty? We seek to ensure that the contract remains mutually beneficial throughout its duration.

a. No calls will be made on an unapproved price list.

6. Regarding currency management, could the Government confirm that while quotations may be submitted in either EUR or USD for evaluation purposes, the final invoicing and payments will be executed in EUR? Since our operational costs are incurred in Italy, this is essential to eliminate currency fluctuation risks over the 5-year term

a. Yes, quotations may be submitted in either EUR or USD for evaluation purposes.

7. Can the Government provide historical purchasing data (last 3–5 years) for similar chillers/heat pumps at Aviano AB, to better estimate expected order volumes?

a. The Government is unable to provide historical purchasing data for similar chillers/heat pumps at Aviano AB due to procurement regulations and confidentiality requirements. However, Contractors are encouraged to base their estimates on the information provided in the solicitation and PWS, as well as their own market research and experience with similar projects.

8. Is there a minimum guaranteed quantity under this BPA, or is it purely an “as-needed” arrangement with no purchase commitment?

a. This BPA is structured as an “as-needed” arrangement with no minimum guaranteed quantity or purchase commitment. Orders will be placed based on the Government’s requirements during the BPA term, as outlined in the solicitation. Contractors should plan accordingly, understanding that the BPA provides a framework for potential purchases but does not guarantee specific quantities.

9. Could the Government provide the estimated number of units expected to be purchased annually for Aviano AB over the 5-year term of the BPA?

a. The Government is unable to provide projected purchasing data for similar chillers/heat pumps at Aviano AB due to procurement regulations and confidentiality requirements. However, Contractors are encouraged to base their estimates on the information provided in the solicitation and PWS, as well as their own market research and experience with similar projects.

10. Is the procurement expected to be evenly distributed throughout the 5-year period, or should contractors anticipate significant fluctuations or peak years (e.g., a higher volume in the first or last year)?

a. The Government has not indicated that procurement will follow a specific distribution pattern over the 5-year BPA period. Contractors should anticipate that order volumes may fluctuate based on operational needs, budgetary considerations, and mission requirements. While there may be periods of higher or lower demand, the BPA is designed to provide flexibility for the Government to procure items on an “as-needed” basis.

11. Is there any ceiling value established for this BPA?

a. The planned BPA ceiling value is considered procurement-sensitive information and cannot be disclosed unless explicitly authorized by the Government. The BPA ceiling shall be mentioned in the BPA award document. Contractors are encouraged to focus on the requirements outlined in the solicitation and PWS to develop their proposals accordingly.

12. Is start-up required as part of each unit delivery? Could the Government clarify if the 'Supply' of the units must include the official Start-up? Please note that, to maintain the validity of the manufacturer’s warranty, the first start-up must be performed exclusively by the Contractor’s authorized technical personnel.

Should this service be factored into the unit price, or will the Government issue separate BPA calls for these on-site technical interventions?

a. Start-up is not required as part of each unit supply.

13. Regarding the 24-month warranty requirement, we acknowledge that the period starts from the date of delivery to Aviano AB. Could the Government confirm that the general manufacturer’s standard Terms and Conditions of Warranty are acceptable for this BPA?

a. No answer is possible due to the impossibility to view said manufacturer’s standard terms and conditions of warranty.

14. Regarding the requirement to supply units within 50 working days from the receipt of a formal BPA Call (order), could the Government confirm that 'working days' are defined exclusively as Monday through Friday, excluding Saturdays, Sundays, and Italian Public Holidays? We would like to ensure that Saturdays are not counted within the 50-day lead time.

a. Working days are considered from Monday through Friday. Saturdays, Sundays, and American and/or Italian holidays are not considered as working days.

15. Considering that BlueBox units are large and heavy, requiring specialized lifting equipment, could the Government confirm that 'unloading' remains the Government's responsibility? Specifically, we seek confirmation that the Contractor's responsibility ends with the arrival of the truck at the designated delivery point, and that all unloading operations from the truck to the ground, lifting, and positioning are excluded from the Contractor's scope, unless specifically requested under a separate BPA call or separate written quotation.

a. Reference is made to the Performance Work Statement, Chapter 3.4 - Upload, Transportation, and Download, which specifies that the Contractor shall be responsible for any required packaging, upload, transportation, and download task that is necessary to perform the supply to the designated site.

Therefore, delivery is meant to be entirely at Contractor’s burdens and responsibilities, given the point of delivery indicated in the purchase order (see Performance Work Statement, Chapter 3.2 - Supply Location). The Contractor will not be required to position the chiller unit for future installation (e.g. on rooftops, etc.), but only to perform its download from the vehicle to the ground floor in correspondence of the designated delivery position.

16. What is the inspection and acceptance procedure timeline after delivery?

a. A time period of fourteen (14) calendar days will be made available to the

U.S. Government from the delivery date of the unit to Aviano Air Base to notify any discrepancy, and/or any visible and/or suspected damage with reference to the ordered units.

17. Regarding payment terms, could the Government confirm that payments will be made within 30 days in accordance with the Prompt Payment Act? We intend to issue the invoice upon delivery of the goods (based on the D.D.T. date). Please confirm that this procedure is acceptable and that payments will be executed in EUR via electronic transfer to the Contractor’s Italian bank account

a. Payments will be made in accordance with the Prompt Payment Act, which generally requires payment within 30 days of receiving a proper invoice.

Invoices must be submitted through Wide Area Workflow (WAWF) as specified in the BPA terms. The procedure of issuing the invoice upon delivery of goods, based on the D.D.T. (Delivery Document) date, is acceptable as long as it complies with WAWF submission requirements.

Payments will be executed in EUR via electronic transfer to the Contractor’s designated (Italian) bank account, as outlined in the BPA if the contractor submitted a quote in EUR currency.

18. From the fiscal point of view, as Contractor we will need the documentation to justify the issue of the invoice without VAT and custom duties, before issuing of the related invoice. Please confirm this requirement.

a. The Government has inserted in the solicitation and shall insert in the BPA the clause DFARS 252.229-7003 Tax Exemptions (Italy) (Mar 2012). The clause justifies the issuance of invoices without VAT and custom duties, in accordance with applicable fiscal regulations and the BPA terms.

19. Does FAR 52.212-4 fully govern force majeure events, including supply chain disruptions beyond contractor control?

a. Please, see FAR 52.212-4 (f) Excusable delays for force majeure events occurrence.

20. In case of extraordinary supply chain events (e.g., compressor shortages, refrigerant bans), would schedule extensions be granted?

a. Yes, schedule extensions may be granted in cases of extraordinary supply chain events, such as compressor shortages or refrigerant bans, provided these events are beyond the Contractor’s control and fall under the provisions for excusable delays as outlined in FAR 52.212-4(f).

21. Regarding Executive Order and sustainability clauses, could the Government confirm that there are NO additional sustainability reporting requirements or lifecycle carbon footprint documentation needed for the supplied equipment beyond the standard CE and technical data sheets? We understand that compliance would be satisfied through the provision of the requested high-efficiency units; please confirm.

a. The request for information is not clear. Reference is made to the Performance Work Statement, Chapter 4.1 - Product Compliance, which at point 2 specifies that the Contractor shall make sure that any chiller unit is compliant with any applicable host nation and European law and regulation concerning authorizations for product manufacturing, import, and market placing.

22. With reference to this Solicitation, we have received additional Requests for Quotation from third-party vendors. How should we proceed in this regard?

Does the Government authorize us to provide these entities with the Excel price list (including net pricing) and sales conditions for the chillers and heat pumps covered under this BPA? Could you please provide guidance on this matter?

a. They should be directed to the solicitation posting (FA568226Q8003) on sam.gov, where all information can be accessed and submission instructions can be found.

23. To offer a correct price, it is essential to have an estimated annual quantity of chillers to supply, because prices clearly vary based on quantities.

a. The BPA is structured as an “as-needed” arrangement, and the Government has not provided an estimated annual quantity of chillers to supply. Pricing should be based on the requirements outlined in the solicitation and PWS, as well as the offeror’s own market research and experience with similar projects. While the Government understands that prices may vary based on quantities, the flexibility of the BPA framework allows for orders to be placed according to operational needs without guaranteeing specific volumes.

24. PWS paragraphs 3.5.3 and 3.5.5 - Note: This BPA requires the supply of chillers of only one brand and only provides transportation and unloading by an authorized carrier at the Aviano base. No workers from the supplier company will be required to perform work at the Aviano base.(Please clarify)

a. Reference is made to the Performance Work Statement, Chapter 3.4 - Upload, Transportation, and Download, which specifies that the Contractor shall be responsible for any required packaging, upload, transportation, and download task that is necessary to perform the supply to the designated site.

Therefore, delivery is meant to be entirely at Contractor’s burdens and responsibilities, given the point of delivery indicated in the purchase order (see Performance Work Statement, Chapter 3.2 - Supply Location). The Contractor will not be required to position the chiller unit for future installation (e.g. on rooftops, etc.), but only to perform its download from the vehicle to the ground floor in correspondence of the designated delivery position.

25. PWS paragraph 3.9 - FINAL PAYMENT: It is vague and unclear. Is the standard US Government net 30 payment applied, from the delivery of the requested EXACT CHILLER/S model, new and intact, Delivered and Accepted? (Please clarify)

a. Yes, the standard US Government net 30 payment terms apply, in accordance with the Prompt Payment Act. Payment will be initiated upon delivery and acceptance of the requested chiller(s), provided they meet all requirements outlined in the BPA, including being new, intact, and conforming to the specified model. Contractors must ensure proper submission of invoices through Wide Area Workflow (WAWF) to facilitate timely payment processing.

26. PWS paragraph 4.1 – PRODUCT COMPLIANCE: First two sentence. NOTE This is a BRAND NAME acquisition of chiller models already selected by the US Government. Therefore, the supplier's obligation is to deliver the exact model ordered by the U.S. Government. The chillers compliance with laws and regulations should already have been verified by the U.S. Government. (Please clarify)

a. The request for information is not clear. Reference is made to the Performance Work Statement, Chapter 4.1 - Product Compliance, which at point 2 specifies that the Contractor shall make sure that any chiller unit is compliant with any applicable host nation and European law and regulation concerning authorizations for product manufacturing, import, and market placing.

27. PWS paragraph 4.1 – PRODUCT COMPLIANCE: Third sentence Warranty - NOTE:

The warranty may be void if the chillers are not installed properly by a qualified company and in accordance with the manufacturer's manual. (Please clarify)

a. Thank you for your question regarding PWS paragraph 4.1 – Product Compliance and the reference to warranty conditions for chillers. Upon review, we have determined that the specific reference does not exist in the Performance Work Statement (PWS).

28. SOLICITATION page 4 QUOTATION PREPARATION INSTRUCTION - Section e (DURC), same as the above paragraph 2) PWS. This BPA requires the supply of chillers of only one brand, and only provides for transportation and unloading by an authorized carrier at the Aviano base. No workers from the supplier company will be required to perform work at the Aviano base. (Please clarify)

a. Yes, the BPA requires the supply of chillers of the specified brand, as outlined in the PWS. The scope of the BPA is limited to transportation and unloading of the chillers at Aviano Air Base by an authorized carrier. No on-site installation, maintenance, or other work by the supplier company’s personnel is required at the Aviano base under this BPA. Contractors are responsible for ensuring that the chillers are delivered in compliance with the PWS requirements, including proper transportation and unloading procedures.

29. SOLICITATION page 5 PART I – Technical Capability. Operational Plan. Same as the above paragraphs 2) PWS, and 6) SOLICITATION - This BPA requires the supply of chillers of only one brand, and only provides for transportation and unloading by an authorized carrier at the Aviano base. No workers from the supplier company will be required to perform work at the Aviano base. (Please clarify)

a. Yes, the BPA requires the supply of chillers of the specified brand, as outlined in the PWS. The scope of the BPA is limited to transportation and unloading of the chillers at Aviano Air Base by an authorized carrier. No on-site installation, maintenance, or other work by the supplier company’s personnel is required at the Aviano base under this BPA. Contractors are responsible for ensuring that the chillers are delivered in compliance with the PWS requirements, including proper transportation and unloading procedures.