RFQ 36C24426Q0952.pdf

PAGE 1 OF 52 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

562-26-4-5021-0337

36C24426Q0952 09-10-2026

Christina Gennaoui Christina.gennaoui@va.gov 09-22-2026

12:00 PM EST EDT

36C244 Department of Veterans Affairs Network Contracting Office 4 Services 2 3900 Woodland Avenue Philadelphia PA 19104 POC: Christina Gennaoui Email: Christina.Gennaoui@va.gov

X 100

X

811310

$12.5 Million

N/A

X

36C562

Erie VA Medical Center

135 East 38th Street Erie PA 16504

36C244

Department of Veterans Affairs Network Contracting Office 4 Services 2 3900 Woodland Avenue Philadelphia PA 19104

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Preventative Maintenance, Inspection, and Repair Services for Mitsubishi, Greenheck, and LG HVAC Equipment at the Erie VA Medical Center.

This is a Request For Quote (RFQ). A 5-Year, Firm-Fixed- Price IDIQ Contract will result from this solicitation.

See Continuation Pages for full details. Carefully review Section E.2, FAR Clause 52.212-2, Evaluation.

Questions and Quotes must be submitted to the POC in Block 7.

Questions are due by 12:00 PM EST on Tuesday, 09/15/2026.

Quotes are due by 12:00 PM EST on Tuesday, 09/22/2026.

SCA WD 2015-4223 Revision 35, dated 08/22/26, applies.

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws associated with this location.

See CONTINUATION Page

X 1

Stephanie Luniewski Contracting Officer

36C24426Q0952

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Company: __________________________

POC/Title: ___________________

Phone: __________________

Email: ____________________________

b. GOVERNMENT: Contracting Officer 36C244

Department of Veterans Affairs

Network Contracting Office 4

Services 2

3900 Woodland Avenue

Philadelphia PA 19104

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears, after Government acceptance of work performed:

a. Quarterly [X]

b. Semi-Annually []

c. Other []

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network https://authentication.tungsten-network.com/login https://authentication.tungsten-network.com/login

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract. Accordingly, all quantities are estimates and funds are not obligated on this Contract at award; rather, funds are obligated via Task Orders issued against this Contract.

The Minimum Value will be obligated through a Task Order upon award.

The Contractor will be paid only for actual work performed and accepted by the Government.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

20.00 QTR __________________ __________________

Preventative maintenance and inspection, equipment evaluation and diagnostics, routine and emergency service calls, and repairs (unless excluded by Section 6) in accordance with the Statement of Work.

Contract Period: Base POP Begin: 09-29-2026 POP End: 09-28-2031

PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

1.00 JB TBD TBD

This is an unpriced CLIN. No price, ceiling, or estimated value is established at contract award.

In accordance with Section 6 (Excluded Services) of the Statement of Work, the Contractor shall provide on-site support within four (4) hours of notification for emergency service calls and within twenty-four (24) hours for routine service requests outside of scheduled services for equipment/components requiring corrective actions not covered under the Preventative Maintenance CLIN (CLIN 0001).

These are the only repairs allowable under this CLIN.

Prior to initiating any repair, the Contractor shall furnish the VA Technical Point of Contact (TPOC) and the Contracting Officer (CO) with a written firm-fixed-price (FFP) quote for the estimated cost of repairs. No repair work shall begin without Contracting Officer (CO) approval and issuance of a separate task order, in accordance with Section C.2, FAR 52.216-18, Ordering (AUG 2020), and FAR 16.505, Ordering.

Pricing for each individual repair requirement will be established as a firm-fixed-price at the time the applicable task order is issued.

Contract Period: Base POP Begin: 09-29-2026 POP End: 09-28-2031

PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

GRAND TOTAL

B.3 STATEMENT OF WORK

Erie Veterans Affairs Medical Center

HVAC Equipment Maintenance and Repair

1.0 Purpose

1.1. The purpose of this Statement of Work is to establish the requirements for preventive maintenance, inspection, testing, cleaning, and repair services for all Mitsubishi, Greenheck, and LG Heating, Ventilation, and Air Conditioning (HVAC) equipment, including Variable Refrigerant Flow (VRF) condensers, VRF fan coil units, make-up air units, energy recovery units, and split-system air conditioning units at the Erie, PA VA Medical Center (Erie VAMC).

2.0 Place of Performance

2.1. The services covered by this contract shall be performed at the Erie VA Medical Center, located at 135 East 38TH Street, Erie, PA 16504.

3.0 Description of Services

3.1. The Contractor shall provide all management, labor, tools, equipment, materials, transportation, supervision, licenses and/or permits and incidentals necessary to perform scheduled quarterly preventive maintenance and keep HVAC equipment operating as originally specified by the equipment manufacturer(s), as well as all parts and labor necessary to maintain, repair, and inspect the HVAC equipment in a manner that will ensure continuous and safe operation (full maintenance and repair, with the exception of the exclusions listed in Section 6 below. An inventory of covered equipment is listed in Section 4 below.

3.2. This is a full maintenance service contract, in which the Contractor takes total service responsibility for the equipment identified in the Statement of Work. Except for the services outlined in Section 6 below, the quarterly fixed price (CLIN 0001) includes all inspections, maintenance, repairs, replacements and routine and emergency service calls. This contract allows the Government to budget total yearly costs and eliminates concerns relating to individual parts repair or replacement invoicing. The Contractor assumes all responsibility and shall determine whether additional service visits, outside of the required quarterly preventative maintenance, are required to keep the HVAC equipment operating safely, reliably, and efficiently and within the performance objectives thereof.

4.0 Applicable Equipment:

4.1. The following is an inventory of equipment included under this contract:

Manufacturer Location Model Serial or Quantity Equipment Type Mitsubishi Main Hospital PURY-HP72YKNY0A 46W00182 VRF Condenser Mitsubishi Main Hospital PURY-HP72YKNY0A 46W00175 VRF Condenser Mitsubishi Main Hospital - Qty. 7 Fan Coil Unit Greenheck Main Hospital PVF100 - Make-up Air Unit Greenheck Main Hospital GB-081-6-X 14527401 Exhaust Fan

Greenheck Boiler Plant ERCH-20-15L-4P-16-

15052545 Energy Recovery Unit

LG Boiler Plant - - Split System LG Boiler Plant ARUB07DTE4 - Split System LG Boiler Plant - - VRF Condenser LG Boiler Plant Ceiling Cassettes Qty. 7 Fan Coil Unit

Greenheck Chiller Plant IGX-120-H32-II-DB 15052581 Make-up Air Unit Greenheck Chiller Plant IGX-120-H32-II-DB 15052584 Make-up Air Unit Greenheck Chiller Plant IGX-120-H32-II-DB 15052583 Make-up Air Unit Greenheck Chiller Plant TAUB-36H-20-X 15067293 Exhaust Fan Greenheck Chiller Plant TAUB-36H-20-X 15067296 Exhaust Fan Greenheck Chiller Plant CUE-141-VG-5-X 15066517 Exhaust Fan

LG Chiller Plant LSU120HSV4 - Split System LG Chiller Plant LSU120HSV4 - Split System

5.0 Contractor Requirements and Qualifications

5.1. The Contractor represents and warrants that all services performed under this Agreement shall be provided by qualified, experienced technicians in strict compliance with any applicable federal, state, and local laws, building codes, and industry safety standards.

5.2. The Contractor performing tasks outlined in this contract must have the following minimum certifications and qualifications:

5.2.1. EPA 608 Certification – Type II or Universal

5.2.2. OSHA Training Records – Including LOTO, PPE, hazard communication, confined space, respiratory protection

5.2.3. Journeyman-level HVAC credentials – recognized trade certification or vocational credential

5.2.4. Any local registrations or insurance per municipal code, if applicable.

6.0 Excluded Services

6.1. The paragraphs below further clarify the scope of work under this contract. This work is considered within scope of the contract but is not covered in the full maintenance service agreement. Any item not specifically excluded shall be considered the Contractor’s responsibility and therefore covered under the routine preventative maintenance services of this contract (CLIN 0001).

6.2. The following are considered Excluded Repair Services (CLIN 0002):

6.2.1. Major mechanical components: compressors, condenser and evaporator coils, heat exchangers, burners, fan motors, variable-frequency drives (VFDs), circulation pumps and pump motors.

6.2.2. Electrical & control components: control boards, thermostats, contactors, relays, starters, capacitors, wiring repairs or replacements, power supplies.

6.2.3. Refrigerant & leak-related costs: refrigerant, leak detection beyond basic inspection, refrigerant line repairs or replacement.

6.2.4. Airflow & distribution components: ductwork repairs or modifications, dampers and actuator replacement, VAV box repairs and replacements, zone control devices.

6.2.5. Wear-and-tear (consumable) components: belts, filters, humidifier media, bearings, sensors.

6.2.6. Plumbing-adjacent components: Condensate pumps, drain line clearing beyond basic cleaning.

6.2.7. Alterations or modernizations, typically intended to result in a betterment to the efficient operation of the equipment.

6.2.8. Repair or replacement of equipment due to acts by parties other than the Contractor of vandalism, abuse, negligence, or abuse and acts of God.

6.2.9. Equipment, components, and parts not installed under this contract that are under the manufacturer’s or installer’s warranty.

6.2.10. Any code upgrades or system retrofits.

6.3. In the event that the Contractor encounters an item of work excluded under Section 6.2, the Contractor must report the situation to the station point of contact. The report shall include:

• The work location;

• A detailed scope of the required work;

• A justification supporting the Contractor determination that the work is excluded by Section 6.2;

• An itemized price estimate (including time to repair, all required parts and a breakdown of labor wages).

7.0 Performance Requirements

7.1. General Requirements

7.1.1. All work must be coordinated in advance with the Program Manager at the Erie

VAMC.

7.1.2. All work must be in accordance with the manufacturer’s specifications, if available, or commercial practices, and shall be intended to maintain the HVAC equipment in safe and reliable operating condition.

7.1.3. The Contractor shall ensure that all areas in which work is being conducted will be kept clean from debris, trash and dirt. The Contractor shall clean, sweep and/or vacuum all work areas during work as needed and after work has been completed to remove dust and debris from the area.

7.2. Quarterly Preventive Maintenance (PM):

7.2.1. The Contractor shall perform quarterly PM in accordance with (IAW) manufacturer recommendations and industry best practices. The Contractor will supply an estimated 128 maintenance service hours per year - 4 days (8 hours) per quarter for preventive maintenance.

7.2.2. VRF Condensers

7.2.2.1. Clean condenser coils

7.2.2.2. Inspect fan motors and blades

7.2.2.3. Inspect and tighten electrical connections

7.2.2.4. Check refrigerant pressures and operating conditions

7.2.2.5. Inspect compressor operation

7.2.2.6. Verify communication and control signals

7.2.2.7. Inspect refrigerant piping, insulation, and support brackets

7.2.3. VRF Fan Coil Units

7.2.3.1. Clean or replace air filters

7.2.3.2. Clean drain pans and verify drain operation

7.2.3.3. Inspect fan motors, wheels, and belts

7.2.3.4. Clean interior coils and inspect for leaks

7.2.3.5. Inspect and test control boards, sensors, and thermostats

7.2.3.6. Verify airflow and damper operation

7.2.4. Make-Up Air Units (MAUs)

7.2.4.1. Inspect burners, heat exchangers, and ignition systems

7.2.4.2. Clean filters and media

7.2.4.3. Inspect supply fans, motors, belts, and bearings

7.2.4.4. Verify outdoor air intake and damper operation

7.2.4.5. Test freeze protection systems and safeties

7.2.4.6. Inspect electrical connections and controls

7.2.5. Energy Recovery Units (ERUs)

7.2.5.1. Inspect and clean enthalpy wheels or ERV cores

7.2.5.2. Verify wheel rotation, belts, and drive motors

7.2.5.3. Clean or replace filters

7.2.5.4. Inspect fans, motors, and bearings

7.2.5.5. Verify damper and bypass operation

7.2.5.6. Test controls and safety interlocks

7.2.6. Split Systems

7.2.6.1. Clean condenser and evaporator coils

7.2.6.2. Replace filters

7.2.6.3. Inspect refrigerant lines and insulation

7.2.6.4. Test refrigerant pressures and superheat/subcooling

7.2.6.5. Inspect electrical connections, contactors, capacitors, and relays

7.2.6.6. Verify thermostat operation and temperature differential

7.3. Repair Service Calls

7.3.1. The Contractor shall provide service calls (routine and emergency) under the full maintenance service agreement at no additional charge. Contractor shall repair and replace all components of the equipment listed in Section 4, with the exception of the items specified in Section 6.

7.3.2. Routine Calls

7.3.2.1. Service calls shall be classified as routine when the work or corrective action does not qualify as an emergency call. Routine calls may include unplanned reactive work due to a system breakdown, malfunction, or compliance failure.

7.3.2.2. The Contracting Officer or Program Manager will notify the Contractor of repairs to be made. Calls may be based on findings in the preventative maintenance report. The Contractor shall respond to non-emergency service calls within 24 hours of notification and have a technician on site within 24 hours, to diagnose faults, recommend repairs and corrective actions.

7.3.2.3. The Contractor shall report to the work location, survey the repair, and provide an estimate of time to repair. For any repairs not covered in the basic full maintenance service contract but necessary to bring the HVAC equipment back to operation, the Contractor must also provide a price estimate, which includes a complete breakdown of all parts required and their cost and total labor hours/monetary cost required for the repair(s).

7.3.2.4. The Contractor shall proceed with repair work, unless it is not covered in the basic service agreement. Any repair work not covered in the basic service contract shall commence after notification of approval from the contracting office is received.

7.3.2.4.1. If equipment malfunctions cannot be corrected the same day that the service call was issued, the Contractor must notify the station with an explanation of the delay.

7.3.2.4.2. Downtime of the HVAC equipment must be kept to a minimum.

The Contractor must notify the station of all projected downtime.

7.3.2.5. At the conclusion of the repair work, the Contractor shall prepare and submit a written report to the Erie VAMC. Refer to Section 9.

7.3.3. Emergency Calls

7.3.3.1. Emergency calls are defined as calls for time-sensitive services or unplanned intervention that is required to restore critical environmental controls that threaten patient safety, sterile environments or facility operations.

7.3.3.2. The Contractor shall provide the Erie VAMC Program Manager with a phone number that is manned 24 hours a day, including weekends and holidays, to receive emergency calls for service.

7.3.3.3. The Contractor must respond, have a technician on site at the Erie VAMC, and begin work on emergency service calls within 4 hours of the call for service.

7.3.3.4. The Contractor shall report to the work location, survey the repair, and provide an estimate of time to repair. For any repairs not covered in the basic full maintenance service contract but necessary to bring the HVAC equipment back to operation, the Contractor must also provide a price estimate, which includes a complete breakdown of all parts required and their cost and total labor hours/monetary cost required for the repair(s).

7.3.3.5. The Contractor shall proceed with repair work, unless it is not covered in the basic service agreement. Any repair work not covered in the basic service contract shall not commence until notification of approval from the contracting office is received.

7.3.3.5.1. If equipment malfunctions cannot be corrected the same day that the service call was issued, the Contractor must notify the station with an explanation of the delay.

7.3.3.5.2. Downtime of the HVAC equipment must be kept to a minimum.

The Contractor must notify the station of all projected downtime.

7.3.3.6. At the conclusion of the repair work, the Contractor shall prepare and submit a written report to the Erie VAMC. Refer to Section 9.

7.4. Other Services

7.4.1. The Contractor is responsible for lowering and raising the discharge temperature of the make-up air units (MAUs) for environmental changes two (2) times per year.

In the fall visit, the discharge shall be raised to 74 degrees. In the spring visit, the discharge shall be lowered to 65 degrees.

8.0 Spare Parts

8.1. All parts and materials provided under this service contract must be of the original manufacturer’s design and specification, or equal.

8.2. If it becomes evident during a guarantee period that a component/system is not functioning properly, in accordance with manufacturer or VA specification requirements, or if in the opinion of the Contracting Officer, excessive maintenance and attention must be employed to keep the HVAC component/system operational, that component/system must be removed and a new component/system meeting all requirements must be installed.

8.3. Any part, component or assembly unavailable from the manufacturer due to obsolescence, remains the Contractor’s responsibility to obtain an engineered equivalent product from a commercial source.

9.0 Field Reports

9.1. Upon completion of preventative maintenance or repair work, the Contractor shall provide a detailed field report to the Erie VAMC.

9.2. The field report must contain:

The date services were performed.

The equipment worked on.

An outline of all preventative maintenance and/or service call work completed during the visit, to include any repairs or adjustments that were performed.

A description of the parts replaced, including part numbers, as well as the date the part was installed.

9.3. The field report must be sent electronically to the Erie VAMC Program Manager.

10.0 Hours of Operation

10.1. The Contractor shall perform all preventative maintenance and correction action repairs during normal business hours, Monday through Friday, 7:30AM – 4:00PM, excluding Federal Holidays or any day specifically designated as a Federal Holiday by the President of the United States, unless otherwise required in the contract or approved by the Contracting Officer (CO).

10.1.1. There are currently 11 holidays observed by the Federal Government, these holidays are:

New Years Day Martin Luther King Jr.’s Day

Presidents Day Memorial Day

Juneteenth Independence Day

Independence Day Labor Day Columbus Day

Veterans Day Thanksgiving Christmas

11.0 Safety

11.1. The Contractor shall adhere to all occupational safety regulations, specifically:

11.1.1. OSHA 29 CFR 1910.94

11.1.2. OSHA 1910.132-134

11.1.3. OSHA 1910.1200

11.1.4. EPA Section 608

11.1.5. AIM Act Refrigerant Program

11.1.6. NFPA 99 (Chapter 9)

11.1.7. NFPA 101

11.1.8. NFPA 90A

11.1.9. ASHRAE 170

11.1.10. ASHRAE 90.1

11.1.11. VA HVAC Design Manual

11.2. In performance of this contract, the Contractor shall follow VAMC safety policy and standard for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAMC smoking policy, which designates all interior space as non-smoking areas and smoking is only allowed in the site designated smoking area.

11.3. Patient, employee, visitors, and Contractor personnel safety shall be maintained at all times. The Contractor is responsible for the occupation safety and health of his/her employees. The Contractor shall comply with all applicable OSHA safety and health standards. The Contractor shall replace all safety guards, equipment, devices, etc.

removed to service or repair the security equipment immediately after completion of work or when leaving the job unattended.

11.4. The Contractor shall submit to the CO and COR, prior to the start of the contract, the Material Safety Data Sheets (MSDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract, and will not use, in the facility, such materials which have not been so cleared in advance with the VAMC. MSDS for new chemicals shall be furnished prior to arrival of the chemical on site. The Contractor shall maintain a copy of all MSDS at the chemical storage site in a location accessible to VAMC personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

11.5. The Contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract. In addition, the Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required to perform the work. Training on required safety programs and the proper use of PPE’s shall be provided, and documentation maintained by the Contractor.

11.6. The Contractor shall obtain a Hot Work Permit from the Erie VAMC POC whenever soldering, welding, using a cutting torch, or other open flame, spark, or heat producing equipment. The Contractor is required to follow ALL requirements outlined for the issuance of the Hot Work Permit.

11.7. The Contractor shall be notified of any non-compliance with the previous provisions.

The Contractor shall, after receipt of such notice, immediately correct the condition and notify the CO in writing that the condition has been corrected. It, in the opinion of the Erie VAMC POC, Chief Engineer, Safety Manager or designee the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the CO may issue and order halting of all or any part of the work, and Contractor may be held in default. The Contractor bears all costs of stop work time and correcting safety hazards.

11.8. The Contractor shall provide within ten (10) working days after receipt of this contract a detailed listing of the following information:

11.8.1. Safety program/procedures are required to be followed by the Contractor’s personnel in the performance of their duties and when such procedures are required.

11.8.2. Listing of personal protective equipment(s) required to be utilized by the Contractor’s personnel in the performance of their duties. Also when equipment will be required.

11.8.3. Material Safety Data Sheet (MSDS’S) for any chemical(s) utilized by the Contractor in the performance of this contract.

11.8.4. Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract. Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

11.9. Contractor shall submit a written report to the VAMC within five work (5) days of any incident of a major malfunction, accident or injury involving any security equipment. The report shall state the cause, what and when repairs and tests were or are to be made to correct the cause of the incident.

11.10. The Contractor shall adhere to all OSHA (Occupational Safety and Health Administration), EPA (Environmental Protection Agency), NFPA (National Fire Protection Agency) Life Safety Codes, and all other regulatory requirements.

11.11. In performance of this contract, the Contractor shall follow VAMC safety policy and standard for safe work practices and take such safety precautions as the safety officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAMC smoking policy, which designates all interior spaces as non-smoking areas.

11.12. Patient, employee, visitors, and Contractor personnel safety shall be always maintained. The Contractor is responsible for the occupation safety and health of his/her employees. The Contractor shall comply with all applicable OSHA safety and health standards. The Contractor shall restore all safety guards, equipment, devices, etc. removed to service or repair the physical security system immediately after completion of work or when leaving the job unattended.

11.13. The Contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract. In addition, the Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.), required for performing the work. Training on required safety programs and the proper use of PPE’s shall be provided, and documentation maintained by the Contractor.

11.14. The Contractor is responsible for the supervision of all of their employees while on government property. It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in the contract. Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

11.15. Injury or Accident: The Contractor shall submit a written report to Erie VAMC POC within five (5) working days of any safety incident requiring medical attention.

12.0 Privacy

12.1. PRIVACY EXPECTATION: The generalized privacy training “VA Privacy Training for Personnel Without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information” must be completed by all Contractor and subcontractor employees assigned to VA accounts prior to delivery of service and annually thereafter as long as the contract is in place.

12.2. The Contractor shall provide to the Erie VAMC POC a copy of the completed training certificate(s).

12.3. Refer to Attachment 01 - VA Privacy Training No PHI or Access.

13.0 Records Management Language

13.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

13.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

13.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

13.4. Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

13.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veterans Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

13.6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Department of Veterans Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

13.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veterans Affairs policy.

13.8. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

13.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

13.10. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veterans Affairs-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

- End Of Statement of Work -

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

and

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

(2) Paragraph (s)(1) of this clause does not apply to indemnification by…