Amendment_01_-_PBGC01-RQ-16-0043.pdf

NSN 7540-01-152-8070 STANDARD FORM 30. (Rev. 10-83) Previous Edition unusable Prescribed by GSA FAR (48 CFR) 53.243

Page of Pages AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code

2. AMENDMENT MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE

(x) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

8. NAME AND ADDRESS OF CONTRACTOR (NO., Street, Country, State and ZIP Code)

CODE FACILITY CODE

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning ______ copies of amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OR OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Check One

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of person authorized to sign)

15C. DATE SIGNED

(Signature of Contracting Officer)

16C. DATE SIGNED

Attachment Page

PAGE 2 OF 48 PBGC01-RQ-16-0043/01

1. SITE VISIT INFORMATION

a. Offerors are highly encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.

b. A site visit will be conducted on Wednesday, February 17, 2016 at 9:00 a.m. EST at 1200 K Street

NW, Washington, D.C., 20005. Please email David Poppe at poppe.david@pbgc.gov with a list of individuals that your company plans on sending to the site visit. This list of individuals shall be submitted to David Poppe no later than Tuesday, February 16, 2016 at 9:00 a.m. EST.

2. QUESTIONS

a. Any questions regarding this RFQ shall be submitted to poppe.david@pbgc.gov no later than 1:00 p.m. EST on February 19, 2016.

3. INSTRUCTION TO OFFERORS (Addendum to 52.212-1 “Instructions to Offerors—Commercial Items (Oct 2015))

a. To assure timely and equitable evaluation of quotes, offerors shall follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications. Failure to meet a requirement may result in an offeror being ineligible for award and being considered non-responsive. Evaluation factors are listed in Section 4. Offerors are responsible for ensuring they adequately address each of the evaluation factors when submitting a quote.

i. Quotations shall be submitted as separate documents: 1. Pricing Quotation; and 2.

Technical Quotation. Each document shall be identified with solicitation number

PBGC01-RQ-16-0043. DO NOT INCLUDE THE PRICING QUOTATION WITHIN THE

TECHNICAL QUOTATION.

Note – Offerors are highly encouraged to utilize the excel spreadsheet in Attachment 4 when completing its pricing quotation.

ii. Quotes must be emailed to David Poppe at poppe.david@pbgc.gov NLT the submission deadline listed in Block 8 on Page 1 of the Solicitation. Any quotes received after the submission due date shall not be considered for award.

iii. All Evaluation Factors shall be addressed completely, and the offerors shall have each factor specifically identified in its technical quotation. Quotes failing to address all evaluation factors listed in Section 4 will be considered technically unacceptable.

iv. The Technical Quotation shall not be more than 10 pages in length. The formatting guidelines include 12 point font with 1 inch margins.

PAGE 3 OF 48 PBGC01-RQ-16-0043/01

4. EVALUATION CRITERIA/BASIS OF AWARD

a. The Government will award a purchase order resulting from this solicitation to the responsible offeror whose quote, conforming to the solicitation, is determined to be lowest price, technically acceptable (LPTA), price and non-price factors considered.

b. At time of evaluation, the Contracting Officer will inspect all quotes to determine the lowest priced quote. At that time, only that quote will be evaluated for technical acceptability. Should the apparent lowest priced quote not be found technically acceptable, the next lowest priced quote will be evaluated for its technical acceptability, and the process will continue until a quote is determined to be lowest priced, technically acceptable. Once a quote has been determined to be lowest price, technically acceptable, the evaluation process will stop and no additional quotes will be evaluated.

c. Non-Price evaluation factors will be assessed as “Acceptable” or “Unacceptable” based on the offeror’s conformance with the evaluation criteria established in Sections d.i and d.ii below.

d. The following factors shall be used to evaluate quotes:

i. Technical and Management Capabilities:

1. The Offeror shall provide a narrative detailing its plans and capabilities to provide the services described in the Performance Work Statement (PWS).

An explanation of how the offeror will meet the requirements is critical;

simple statements of compliance or a restatement of the PWS will not be sufficient.

2. The Offeror shall demonstrate that the company could respond to any emergency call within four (4) hours. Points of emphasis include a description of dispatch services and staffing to meet the required response time.

3. The Offeror shall provide information that demonstrates the offeror has sufficient organizational and accounting controls, such as manpower presently in-house or the ability to acquire the personnel to meet this need.

If subcontracting, teaming or partnering will be considered as this is a small business set-aside, the offeror shall provide the job distribution using percentage proportions and the approximate dollar value for each of the parties performing the tasks. In addition, the proposed partner or subcontractor shall be registered in the System for Award Management

(SAM).

4. The Offeror shall provide a brief company profile to include background and qualifications of its management team; and generally, the contractor’s business-like concern for the interest of the customer. This section should be specific to requirements in this solicitation.

PAGE 4 OF 48 PBGC01-RQ-16-0043/01

ii. Past Performance:

1. The Offeror must provide evidence of past performance in accomplishing three (3) projects in the last three (3) years the same as, or substantially similar to, that required by the solicitation in terms of magnitude and scope.

Offerors are encouraged to use Attachment 3 - Past Performance Questionnaire when preparing its quote.

2. The Offeror must provide references to substantiate past performance, including names, email addresses AND current telephone numbers of the points of contact. Offerors are urged to ensure the contact information is still current. Past performance information obtained from these contacts will be used in evaluating offerors.

3. The Offeror must include the dollar amount, contract number, and length of contract for each contract referenced.

4. Past Performance will be evaluated to assess recency and relevancy with respect to this requirement. Past Performance information to be evaluated includes, but may not be limited to, the following:

a. Technical (quality of product or service)

b. Cost Control

c. Schedule/ Timeliness

d. Management or Business Relations

e. Customer Service

5. Where an Offeror possesses no prior organizational past performance, a rating of “neutral” will be assigned.

6. Past performance information and references other than those identified by the Offeror may be obtained by the Government and used in evaluating the Offeror's past performance.

iii. Price: The Offeror shall quote a price for each item listed in Section 1.4, Pricing

Schedule, and Section 1.5, T&M Labor Rates. An offeror’s prices will be evaluated to determine that the prices are complete, fair and reasonable.

e. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 5 OF 48 PBGC01-RQ-16-0043/01

Environmental Equipment Routine Preventative Maintenance and Repair Services

0001 Base Period Firm-Fixed-Price

Period of Performance: 04/01/2016 to 03/31/2017

12.00 MO

Environmental Equipment Non-Routine and Emergency Repair Services

NTE NTE

0002 Base Period

T&M

Period of Performance: 04/01/2016 to 03/31/2017

1.00 LO

Maintenance and Repair Services

OPT

1001 Option Period 1

Firm-Fixed-Price

Period of Performance: 04/01/2017 to 03/31/2018

NTE NTE/OPT

1002 Option Period 1

T&M

Period of Performance: 04/01/2017 to 03/31/2018

OPT

2001 Option Period 2

Firm-Fixed-Price

Period of Performance: 04/01/2018 to 03/31/2019

NTE NTE/OPT

2002 Option Period 2

T&M

Period of Performance: 04/01/2018 to 03/31/2019

OPT

3001 Option Period 3

Firm-Fixed-Price

Period of Performance: 04/01/2019 to 03/31/2020

NTE NTE/OPT

3002 Option Period 3 1.00 LO

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 6 OF 48 PBGC01-RQ-16-0043/01

T&M

Period of Performance: 04/01/2019 to 03/31/2020

OPT

4001 Option Period 4

Firm-Fixed-Price

Period of Performance: 04/01/2020 to 03/31/2021

NTE NTE/OPT

4002 Option Period 4

T&M

Period of Performance: 04/01/2020 to 03/31/2021

Table of Contents

PAGE 7 OF 48 PBGC01-RQ-16-0043/01

SECTION

. 1 Supplies/Services and Price

. 2 Performance Work Statement

. 3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 4 52.203-3 GRATUITIES (APR 1984)

. 5 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

. 6 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

. 7 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

. 8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2016)

. 9 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS -- COMMERCIAL ITEM ACQUISITION

(FEB 2007)

. 10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (OCT 2015)

. 11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 12 52.242-15 STOP-WORK ORDER (AUG 1989)

. 13 52.244-2 SUBCONTRACTS (OCT 2010)

. 14 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 15 52.212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)--ALTERNATE I (MAY

2014)

. 16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (FEB 2016)

. 17 52.216-1 TYPE OF CONTRACT (APR 1984)

. 18 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 19 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 20 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

. 21 52.232-1 PAYMENTS (APR 1984)

. 22 52.233-2 SERVICE OF PROTEST (SEP 2006)

. 23 PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

. 24 PBGC 52.216-7003 CEILING PRICE (FEB 2013)

. 25 PBGC 52.232-7000 SUBMISSION OF INVOICES (JAN 2012)

. 26 PBGC 52.232-7001 SUBMISSION OF INVOICES (LABOR-HOUR) (JAN 2012)

. 27 PBGC 52.232-7005 LIMITATION OF FUNDS (SEP 2010)

. 28 PBGC 52.245-7000 GOVERNMENT FURNISHED INFORMATION, ASSISTANCE AND/OR EQUIPMENT (JAN 2012). 35

. 29 PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

. 30 List of Attachments

. 31 Attachment 1 - Maintenance Schedule

. 32 Attachment 2 - SCA Wage Determination

PAGE 8 OF 48 PBGC01-RQ-16-0043/01

SECTION

. 1 Supplies/Services and Price

1.1 CONTRACT TYPE

PBGC intends to issue a hybrid Firm-Fixed-Price (FFP) and Time and Materials (T&M) contract.

1.2 DESCRIPTION OF SERVICES

The Contractor shall provide all personnel and services necessary to perform the effort described in the Performance Work Statement (PWS).

1.3 PERIOD OF PERFORMANCE

The period of performance for this contract shall consist of a 12-month base period and four 12-month option periods. The anticipated period of performance is listed below and is subject to change based on the actual award date.

Base Period 1 April 2016 – 31 March 2017 Option Period 1 1 April 2017 – 31 March 2018 Option Period 2 1 April 2018 – 31 March 2019 Option Period 3 1 April 2019 – 31 March 2020 Option Period 4 1 April 2020 – 31 March 2021

1.4 PRICING SCHEDULE

The offeror shall provide FFP and T&M pricing for the services described in the PWS. The contractor shall invoice monthly in arrears. The contractor is responsible for ensuring all service employees are paid in accordance with the Department of Labor Service Contract Act (SCA) Wage Determination; reference Attachment 2.

PAGE 9 OF 48 PBGC01-RQ-16-0043/01

CLIN Quantity Unit of Issue

Unit Price Extended Price

0001 (FFP) – Base Period Routine Repair and Maintenance Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.

12 Months $ $

0002 (T&M) – Base Period Emergency and Non-Routine Repair Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.*

1 Lot NTE $45,000.00

NTE

$45,000.00

1001 (FFP) – Option Period 1 Routine Repair and Maintenance Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.

12 Months $ $

1002 (T&M) – Option Period 1 Emergency and Non-Routine Repair Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.*

1 Lot NTE $45,000.00

NTE

$45,000.00

2001 (FFP) – Option Period 2 Routine Repair and Maintenance Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.

12 Months $ $

2002 (T&M) – Option Period 2 Emergency and Non-Routine Repair Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.*

1 Lot NTE $45,000.00

NTE

$45,000.00

3001 (FFP) – Option Period 3 Routine Repair and Maintenance Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.

12 Months $ $

3002 (T&M) – Option Period 3 Emergency and Non-Routine Repair Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.*

1 Lot NTE $45,000.00

NTE

$45,000.00

4001 (FFP) – Option Period 4 Routine Repair and Maintenance Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.

12 Months $ $

4002 (T&M) – Option Period 4 Emergency and Non-Routine Repair Services for Environmental Equipment in accordance with Section 2, Performance Work Statement.*

1 Lot NTE $45,000.00

NTE

$45,000.00

Total Ceiling Price NTE

*Emergency and Non-Routine Repair Services shall be utilized at the discretion of the CO or COR.

Contractor shall not perform any T&M work without prior approval by the CO or COR.

PAGE 10 OF 48 PBGC01-RQ-16-0043/01

1.5 T&M LABOR RATES

If determined to be necessary by the CO or COR, emergency and non-routine repair services shall be performed as T&M work in accordance with the below rates. These rates will be the maximum amount the Government will allow for any emergency or non-routine repair; however, actual hourly rates may be negotiated to a reduced rate commensurate to the complexity and scope of each emergency and non-routine repair. Hourly rates shall include wages, overhead, general and administrative expenses, and profit. Finally, these rates shall be priced in accordance with the Department of Labor SCA Wage Determination guidelines and FAR 52.222-41.

Period Labor Category SCA Occupation

Code

Fully Burdened Hourly Rate –

Regular*

Fully Burdened Hourly Rate –

Weekends, Nights and Federal Holidays

Labor will be performed by

Offeror or Subcontractor

Base Period Plumber 23810 Base Period HVAC Technician 23410 Base Period Electrician 23160 Base Period Fire Alarm System Mechanic 23290 Base Period General Maintenance Worker 23370 Option Period 1 Plumber 23810 Option Period 1 HVAC Technician 23410 Option Period 1 Electrician 23160 Option Period 1 Fire Alarm System Mechanic 23290 Option Period 1 General Maintenance Worker 23370 Option Period 2 Plumber 23810 Option Period 2 HVAC Technician 23410 Option Period 2 Electrician 23160 Option Period 2 Fire Alarm System Mechanic 23290 Option Period 2 General Maintenance Worker 23370 Option Period 3 Plumber 23810 Option Period 3 HVAC Technician 23410 Option Period 3 Electrician 23160 Option Period 3 Fire Alarm System Mechanic 23290 Option Period 3 General Maintenance Worker 23370 Option Period 4 Plumber 23810 Option Period 4 HVAC Technician 23410 Option Period 4 Electrician 23160 Option Period 4 Fire Alarm System Mechanic 23290 Option Period 4 General Maintenance Worker 23370

*Regular Hours are defined in the Performance Work Statement.

PAGE 11 OF 48 PBGC01-RQ-16-0043/01

1.6 T&M MATERIAL

In accordance with 52.212-4 Alternate I, the Government will only reimburse the contractor for the actual costs of materials, unless the contractor furnishes their own materials that meet the definition of a commercial item at FAR 2.101, and the price to be paid for such materials do not exceed the contractor’s established catalog or market price.

PAGE 12 OF 48 PBGC01-RQ-16-0043/01

. 2 Performance Work Statement

Performance Work Statement

1.0 PROJECT TITLE: Environmental Equipment Maintenance and Repair Services

2.0 BACKGROUND: The Pension Benefit Guaranty Corporation (PBGC) has a need for ongoing and vital Environmental Equipment Preventative Maintenance and Repair services in order to protect the operations of the computer infrastructure. As a result, the contractor shall provide these services to the Pension Benefit Guaranty Corporation (PBGC), Office of Information Technology (OIT) in accordance with the terms and conditions of this Performance Based Fixed Price/Time and Materials contract. This includes three locations, two of which are in D.C. (within a block of each other); the other is located at Kingstowne, VA. While the bulk of the maintenance is located at 1200 K Street NW; there are four in-ceiling a/c units at 1275 K Street NW (including split units); and there is one in-ceiling a/c unit at Kingstowne (split unit).

3.0 THE CURRENT HVAC SYSTEM: The environmental equipment that the contract shall maintain under this contract provides necessary and vital cooling, and where applicable, humidification such that the acceptable temperature of the computers which provide vital access to information technology are kept in an environmental temperature range between 62 and 75 degrees, and where applicable, humidification range is between 25 and 50%. The equipment includes computer room air conditioners; LAN room in-ceiling air conditioners;

power distribution units; under floor water detectors; two water pumps; a pre-action fire detection system with annunciation panels and smoke detectors (ceiling and floor); and a Superchanger. The locations of specific equipment can be found in “Attachment 1 – Maintenance Schedule.”

4.0 SCOPE OF SERVICES: The contractor shall provide services by skilled personnel to provide both regularly scheduled preventive maintenance and any and all non-routine and emergency repairs, in order to perform the following:

4.1. Contractor shall provide all personnel for the testing, cleaning, adjusting, repairing, and replacing all components as necessary to keep the current HVAC system (paragraph 3) located as described herein in totally reliable condition and in good working order in order to ensure there is no computer failure for the PBGC.

4.2. Contractor shall furnish all tools, test instruments, and cleaning materials to perform all services required in the timeframe specified herein.

4.3. Contractor shall deliver and provide a high quality periodic preventive maintenance using a maintenance checklist as identified and required in 4.5 below. Equipment is identified in Attachment 1 as previously approved by the Contracting Officer’s Representative (COR). The COR has the authority to update the checklist as needed;

see Clause PBGC 52.201-7000 for additional COR responsibilities .

4.4. Repair services shall be available upon a 24/7 basis, and the contractor must have a

4-hour on-site response time from the time the repair service call is made.

PAGE 13 OF 48 PBGC01-RQ-16-0043/01

4.5. Provide preventive maintenance checklists for all equipment maintained in this contract.

4.6. A work order report detailing the time and materials required for each repair, emergency or non-routine, shall be provided to the COR within 48 hours of each repair. At a minimum the work report shall include the following:

4.6.1. Repair Date

4.6.2. Location of Repair

4.6.3. Material used during repair. Also include the quote information for items over

$3,000 as detailed in Section 5.3.2.

4.6.4. Labor categories and hours required during the repair

5.0 PERFORMANCE REQUIREMENTS:

5.1. PREVENTATIVE MAINTENANCE

5.1.1. Preventative maintenance shall be performed according to “Attachment 1 –

Maintenance Schedule.”

5.1.2. Repair and maintenance services of the fire detection system will include programming changes as necessary or on request and a complete annual test of the fire detection system.

5.1.3. The cleaning of the superchanger bi-annually shall occur between February and April. These dates may be adjusted slightly at the discretion of the COR or Contracting Officer (CO).

5.1.4. The contractor shall provide at the 1200 K St NW location, a 2 ton Spot Cooler that runs on a 20 amp circuit during the duration of this contract in order to ensure that cooling and humidifying occurs during repairs and or outages.

5.1.5. During the course of this contract, it is expected that equipment may be removed and equipment may be added and equitable adjustments may occur.

5.1.6. Preventative maintenance report will be provided following each event and shall at a minimum include the following:

• Date of inspection performed

• Location of inspection

• What was inspected

• Description of findings

• Description of action(s) taken (if necessary)

• Signature and date of completion

5.2. EMERGENCY REPAIRS

PAGE 14 OF 48 PBGC01-RQ-16-0043/01

5.2.1. In the event the Government determines there is a need for an emergency repair, the COR or ACO will contact the contractors’ dispatch service by phone.

5.2.2. When called for repairs, the contractor must be on-site no later than 4 hours from when first contacted by the COR or ACO. Once on-site the contractor will identify and execute any and all necessary repairs to ensure the equipment is restored to services as soon as possible.

5.3. NON-ROUTINE REPAIRS

5.3.1. Although it is expected that most parts and repair services will be covered by the FFP component of this contract (i.e refrigerant, fans, belts, filters, etc.) the contractor will identify any non-covered parts or services (i.e. compressors, PDU screens, etc.) and provide hourly rates for repair of any such part or service as well as a rough estimate of the cost of the part being replaced.

5.3.2. Any material item expected to cost more than $3,000, the contractor must conduct limited market research among and between reliable and quality providers of the material necessary which results in 3 competitive quotes. In the work order, required to be submitted following the repair, the contractor must identify the source of and the prices of each quote. If the lowest priced quote was not used and/or 3 quotes could not be obtained, the contractor shall provide a written explanation for choosing the higher priced quote and/or receiving less than 3 quotes.

5.3.3. The following are not classified as preventative maintenance repairs:

• Replacement or upgrades to PDUs or fire alarm systems.

• Service or repairs resulting from the effects of improper operation, freezing weather, water leaks, Acts of God, and failure of public utilities, negligence, vandalism, abuse or misuse.

• Any repairs or services resulting from items or events such as: power failures, electrical panels, disconnect switches, circuit breakers, electrical supply lines, water mains, chilled/condenser water to the equipment, floor drains, equipment cabinets, casings, door seals, or hardware, thermometers, gauges, ductwork, grilles, corrosion, the cleaning of any air passages, ducts or grilles, or the air balancing of equipment.

• Expenses incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this Agreement.

• Labor or materials required to furnish any items of equipment, labor, or make special tests as are recommended or required by insurance companies, Federal Government, State, Municipal or other authority.

• Repair materials and parts for compressors, pump motors, PDU display screens and external control and power wiring.

5.4. ELECTRICAL SUPPORT

PAGE 15 OF 48 PBGC01-RQ-16-0043/01

5.4.1. Electrical work will include running power cable from various power panels within the data center and possibly from outside of the data center to equipment within the data center, i.e. Power Distribution Units (PDUs).

5.4.2. Power cables will be of varying length with various connectors (plugs such as L6-20P or 5-20P or L5-30P) and possibly circuit breakers (i.e. single pole, double pole, etc.) will need to be provided for computer equipment to the PDUs. Due to the varying lengths of the power cables, the types of plugs, the types of circuit breakers, and quantities will be largely unknown until equipment may be added, discontinued, relocated, etc., prices will need to be quoted per electrical job at the time of said addition, discontinuance, relocation, etc. and any other electrical work as may be required during the course of this contract.

6.0 DELIVERABLES AND DELIVERY SCHEDULE:

Deliverable Description Prescription Frequency Deliverable Deadline

Submission Instructions

Preventive Maintenance Report

A report detailing the results of the preventative maintenance conducted IAW Attachment 1 – Maintenance Schedule

PWS Section 5.1.6

For each event

Within 48 hours of routine maintenance

Email to COR

Work Order Report

A report detailing the time (labor hours), labor categories and materials required to make non-routine and emergency repairs

PWS Section 4.6

For Each Repair

Within 48 hours of completion of repair

Email to COR

Quality Control Plan

See paragraph 13 below

PWS Section 13.0

Once Fifteen days after award

Email to Contracting Officer and

COR

7.0 GOVERNMENT-FURNISHED PROPERTY (GFP): No GFP will be provided to the contractor under this contract.

8.0 INSURANCE: The contractor shall furnish and maintain insurance at its own expense as required under this contract for the life of this contract. Contractor shall comply with FAR Clause 52.228-5. A certificate of insurance (COI) will also be required by the owner of the facility, to their specifications.

PAGE 16 OF 48 PBGC01-RQ-16-0043/01

9.0 PLACES OF PERFORMANCE:

1200 K Street NW Washington, D.C. 20005

1275 K Street NW Washington, D.C. 20005

5971 Kingstowne Village Parkway, 3rd Floor Kingstowne, VA 22315

10.0 PLACE OF DELIVERY:

All contract deliverables shall be delivered to the COR. Should hard copies be required, the contractor shall send the hard-copy report/correspondence to the COR at the address shown below:

Pension Benefit Guaranty Corporation

ATTN: TBD - COR

1200 K Street, NW Room 4227 Washington, D.C. 20005

11.0 NORMAL HOURS OF OPERATION: Inspections, testing and preventative maintenance will be generally conducted during data center hours of operation (6:00 am - 7:00 pm, Monday through Saturday). PDUs will typically require preventative maintenance on Saturdays and Sundays.

12.0 PERFORMANCE STANDARDS: Performance standards establish the performance levels required by the Government.

12.1. Repair Quality Standards:

12.1.1. Quality standards for Routine Preventive Maintenance shall be determined by the Government based upon the following performance measurement criteria:

If the current HVAC system suffers any type of problems directly related to the normal, standard, commercial functionality that should have been addressed during routine maintenance within thirty (30) days of the preventive maintenance, the contractor is responsible for fixing the problems at no additional cost to the Government. Frequent issues such as this may subject the contractor to an unfavorable past performance review and may also lead to activation of rights and remedies available to the CO.

12.1.2. Quality standards for Emergency Repairs shall be determined by the

Government based upon the following performance measurement criteria: If the current HVAC system suffers any type of problem directly related to normal, standard commercial functionality that was addressed by the most recent

PAGE 17 OF 48 PBGC01-RQ-16-0043/01

emergency repair within 24 hours of the emergency repair, the contractor shall return to the site within four hours of being notified of such problem and shall repair the current HVAC system at no additional cost to the Government.

Repairs shall be limited to those repairs addressed, or which should have been addressed, at the last emergency repair call. Frequent issues such as this may subject the contractor to an unfavorable past performance review and may also lead to activation of rights and remedies available to the CO.

12.1.3. Quality standard for Catastrophic failure shall be determined by the

Government based upon the following performance measurement criteria: If the current HVAC system suffers a catastrophic failure that directly leads to any computer, server, and any mobile device linked to the computers and or servers failing due to HVAC related malfunction, the contractor is responsible for fixing the failures at no additional cost to the Government. Frequent issues such as this may subject the contractor to an unfavorable past performance review and may also lead to activation of rights and remedies available to the CO.

12.2. Timeliness Quality Standards:

12.2.1. The contractor is expected to arrive for normal preventive maintenance review and repair services within an hour of the time that was arranged with the COR or data center personnel on scheduled preventative maintenance checks according to Attachment 1. Should the contractor not arrive for these performance maintenance review and repairs services at this time and date, and should the contractor not communicate this lateness to the COR prior to the expected due date and time, the contractor will be considered tardy. Frequent tardiness such as this may subject the contractor to an unfavorable past performance review and may also lead to activation of rights and remedies available to the CO.

12.2.2. The contractor is expected to arrive for emergency repairs not later than four hours from the time notified by the COR. Should the contractor not arrive for these emergency repair services at the time and date specified the contractor will be considered tardy. Frequent tardiness such as this may subject the contractor to an unfavorable past performance review and may also lead to activation of rights and remedies available to the CO.

13.0 QUALITY CONTROL PLAN: A Quality Control Plan (QCP) shall be developed and submitted for approval to the CO or COR within 15 calendar days after contract award.

13.1. Upon approval by the CO, the Contractor shall implement the QCP to ensure contract compliance so that potential problems are identified, documented, and resolved prior to failure.

13.2. All documentation shall be made available to the Government upon request during the term of the Contract.

13.3. The QCP is a living document and may be subject to change depending on the needs of the contract. When the QCP is revised the Contractor is required to provide an

PAGE 18 OF 48 PBGC01-RQ-16-0043/01

updated QCP to the CO or COR for acceptance.

13.4. The QCP shall include the following, as a minimum:

13.4.1. How the Contractor will control quality of services.

13.4.2. How project management, inspections, plan implementation, process improvement changes and correction of deficiencies will be accomplished.

13.4.3. An inspection plan or checklist tailored to the specific building(s) being maintained and serviced under this contract. The inspection plan or checklist shall detail how services at the work site will be inspected to ensure that the outcome of the work meets all the quality standards set forth in the Contract.

PAGE 19 OF 48 PBGC01-RQ-16-0043/01

. 3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of Provision)

. 4 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

. 5 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(Reference 52.204-7)

. 6 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

(Reference 52.204-13)

. 7 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(Reference 52.212-1)

. 8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2016)

(Reference 52.212-3)

. 9 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS -- COMMERCIAL ITEM ACQUISITION

(FEB 2007)

(Reference 52.216-31)

. 10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (OCT 2015)

(Reference 52.225-25)

. 11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(Reference 52.232-40)

. 12 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

. 13 52.244-2 SUBCONTRACTS (OCT 2010)

(Reference 52.244-2)

PAGE 20 OF 48 PBGC01-RQ-16-0043/01

. 14 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tenderfor acceptance those items that conform to the requirementsof this contract. The Government reserves the right toinspect or test any supplies or services that have been tenderedfor acceptance. The Government may require repair orreplacement of nonconforming supplies or reperformance ofnonconforming services at no increase in contract price.

Ifrepair/replacement or reperformance will not correct thedefects or is not possible, the Government may seek an equitableprice reduction or adequate consideration for acceptanceof nonconforming supplies or services. The Government mustexercise its post-acceptance rights--

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

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

(b) Assignment. The Contractor or its assignee may assign itsrights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contracts Disputes, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising

PAGE 21 OF 48 PBGC01-RQ-16-0043/01

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 acceptedby the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government`s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its

PAGE 22 OF 48 PBGC01-RQ-16-0043/01

suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor`s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and throughfinal payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government`s reliance on inaccurate or incomplete data.