S02 36C25220Q0818.pdf

PAGE 1 OF 1. REQUISITION NO.

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

a. NAME b. E-MAIL ADDRESS 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. DUNS: DUNS+4:

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. 2/2012)

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

7. FOR SOLICITATION

INFORMATION:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 65

537-21-1-6112-0001

36C25220Q0818 08-25-2020

Rob Knight Robert.Knight1@va.gov 09-18-2020

5:00 PM

36C252

Department of Veterans Affairs

Great Lakes Acquisition Center (GLAC)

115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

X 100

X

238220

$16.5 Million

N/A

N/A

36C252

Department of Veterans Affairs

Jesse Brown VA Medical Center

820 South Damen Avenue

Chicago IL 60612-4223

36C252

Department of Veterans Affairs

Great Lakes Acquisition Center (GLAC)

115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs

Financial Services Center

PO Box 149971

Austin TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

Preventive Maintenance and Repair Services for Refrigeration and HVAC Equipment Located at the Jesse Brown VA Medical

Center, Chicago, Illinois.

See Sections B.2. and B.3 for specific requirements.

The Service Contract Labor Standards Act, 41 U.S.C. Chapter 67, applies to this contract. See Section D for the applicable

Department of Labor Wage Determination.

100% SDVOSB set-aside.

Base Year: October 1, 2020 - September 30, 2021

Option Year 1: October 1, 2021 - September 30, 2022

Option Year 2: October 1, 2022 - September 30, 2023

Option Year 3: October 1, 2023 - September 30, 2024

Option Year 4: October 1, 2024 - September 30, 2025

537-3610162-6112-855100-2543 010050100

X 1

Susan Pasholk

36C25220Q0818

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

INSTRUCTIONS TO QUOTERS

B.2 PRICE SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

2018)

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

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.237-1 SITE VISIT (APR 1984)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JUN 2020)

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:

CONTRACTOR NAME: _____________________________________

ADDRESS: ________________________________________________

CITY-STATE-ZIP: __________________________________________

POINT OF CONTACT/TITLE: ________________________________

PHONE NUMBER: ______________________________________

FAX NUMBER : ______________________________________

E-MAIL ADDRESS: ______________________________________

DUNS NUMBER: ______________________________________

b. GOVERNMENT: SUSAN PASHOLK, CONTRACTING OFFICER

ROBERT KNIGHT, CONTRACT SPECIALIST

CONTRACTING OFFICE CODE: 36C252

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted monthly in arrears in accordance with:

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice.

c. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services

Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all

VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten

Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-

752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at

1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS: (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with:

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial

Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

5. CONTRACTING OFFICER AUTHORITY: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contracting

Officer’s Representative (“COR”) has no authority to change or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than mailto:VA.Registration@Tungsten-Network.com https://portal.tungsten-network.com/Login.aspx http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ https://www.cep.fsc.va.gov/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

6. ON-CAMPUS REQUIREMENTS: During any visit to any VA facility under the terms of this

Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the

Contractor”), shall comply with all VA policies. Failure to comply with VA policies may be a violation of Federal law and may result in charge(s) answerable in the United States District Court.

Specific policies include, but are not limited to:

a. Contractor Orientation: The Contractor shall attend an orientation prior to beginning any work under this Contract, at the COR’s discretion. This orientation may include the following topics:

Contract terms and conditions; performance monitoring; badging procedures; safety; fire procedures; severe weather procedures; infection control; and other disaster procedures.

b. Check-in/Check-out Requirements: The Contractor’s employees and/or agents shall report in-person to the COR upon arrival and before departing the facility.

c. Safety – Infection Control Risk Assessment (“ICRA”) Requirements: During the performance of this Contract, the Contractor shall follow all ICRA requirements, as set forth by the infection control staff.

d. Safety – OSHA Requirements: The Contractor shall comply with all OSHA requirements while performing work under this Contract at any VA facility, including: use of personal protective equipment; proper placement of caution signs; and providing the COR with all Safety Data

Sheets, as applicable, prior to beginning any work under this Contract.

e. Identification: The Contractor shall comply with all requirements to obtain proper VA identification/badging prior to beginning any work under this Contract. The Contractor may be required to provide two (2) forms of identification and be accompanied by the COR to obtain identification/badging, in accordance with each facility’s visitor requirements. The Contractor shall wear visible identification and company uniforms, if issued, at all times while on the premises of any VA facility. Each VA facility has its own access requirements and has the authority to deny facility access to anyone based on these requirements.

f. Parking: It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

g. Drug-free Policy: All VA facilities are drug-free.

h. Non-smoking Policy: Smoking is prohibited on the entire campus, both inside and outside the VA

Facility.

i. Weapons Prohibited: Possession of any type of weapon on VA property is prohibited. Enclosed containers, including tool kits, are subject to search without consent while on VA property.

j. Protection of Government Property: The Contractor shall take care to protect persons and personal/Government property while on VA property, including removal of all trash and debris at the completion of any job, and otherwise keeping the work area clean at all times. The Contractor shall be liable for any injuries and/or damage caused by the Contractor, including its employees and agents (including any subcontractors), to include all reasonable costs for medical treatment and/or damage repair. Any injuries and/or damage caused by the Contractor shall immediately be reported to the COR.

k. VHA DIRECTIVE 1192.01: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States

Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible for providing face masks and influenza vaccines for all employees working at a VA facility. If Directive 1192.01 is applicable the

Contractor, in conjunction with the COR, is responsible in ensuring that all aspects of this directive are implemented.

7. SECURITY & PRIVACY CONTROL: The Authorization & Accreditation (A&A) requirements of

VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information

Security. If there are any questions related to privacy, please have a member of your staff contact the

VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

[Rest of Page Intentionally Left Blank]

INSTRUCTIONS TO QUOTERS

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

AMENDMENT NUMBER DATE

ACQUISITION OF COMMERCIAL ITEMS: This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified

Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services resembling those in the commercial marketplace and streamline the procurement process. From this RFQ, the Government intends to award a hybrid contract with both firm-fixed-price and indefinite delivery/indefinite quantity elements where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (Note: The terms “offeror” and “quoter” are both used in this

Solicitation. For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)

TIMELINE:

• Site Visit: Wednesday, September 9, 2020, at 10:00 a.m. Local Time.

• Solicitation Questions Deadline: Friday, September 11, 2020, by 5:00 p.m. Local Time. Answers will be posted by Solicitation Amendment on Contract Opportunities.

• Solicitation Closes/Quotes Deadline: Friday, September 18, 2020, by 5:00 p.m. Local Time.

SITE VISIT: The meeting point for the site visit is the Ogden Building front desk (located at the entrance to the Bed Tower), on the Jesse Brown VA Medical Center campus, 520 South Damen Avenue, Chicago, Illinois 60612-4223. Call the Contracting Officer’s Representative, Sergio Lopez, at (312) 907-5287 upon arrival at the Ogden Building to check-in for the site visit. For all questions regarding the site visit, contact Mr. Lopez at Sergio.Lopez@va.gov. It is strongly suggested and expected that the quoter inspect the campus to be serviced to fully understand the nature of the work and the conditions under which the work is to be performed, but attending the site visit is not required to submit a quote. In no case shall failure to attend the site visit or otherwise inspect the campus constitute grounds for a claim after contract award.

SUBMITTAL OF QUESTIONS/QUOTES: In order to maintain integrity of this solicitation and subsequent award date, all quoters are advised that all questions and quotes must be submitted in a written form via e-mail to Rob Knight, Contract Specialist, at Robert.Knight1@va.gov, by the deadlines noted under Timeline, above. Answers will be posted by Solicitation Amendment on Contract Opportunities.

Receipt of quotes will be acknowledged via e-mail.

mailto:Sergio.Lopez@va.gov mailto:Robert.Knight1@va.gov

Quotes must include the following information to be evaluated for contract award. Incomplete quotes shall be considered non-conforming and will not be considered, pursuant to FAR 13.106-2(b)(3).

(1) Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Total Evaluated Price will be that sum.

a. Complete SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS

b. Fill in SF 1449: Blocks 17a, 30a, 30b, and 30c on Page 1

c. Fill in 1(a) on Page 2.

d. Fill in Price/Cost Schedule.

(2) Technical Capability: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as detailed in Sections B.2 – Price Schedule and B.3 –

Performance Work Statement.

(3) Prior Experience: Submit information, if any, of contracts providing services similar to the requirements of this Contract. Information should include contract number, dates of service, and a point-of-contact with a telephone number or e-mail address. For evaluation purposes, a lack of prior experience will not disqualify a company.

(4) Representations & Certifications: Verification that all required representations and certifications are complete/current, in accordance with:

a. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment; and

b. FAR 52.212-3 Offeror Representations and Certifications – Commercial Items.

Please limit graphics or excessively large files during quote submission. The VA has a maximum allowable incoming email size limitation including attachments of seven (7) megabytes. Offerors submitting responses via email which exceed seven (7) megabytes shall split their response into multiple email messages so as to not exceed the maximum allowable email size limitation. The VA is not responsible for late responses due to undelivered e-mails that exceed seven (7) megabytes.

Offerors are solely responsible for ensuring that their questions/quotes are received on time.

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN

PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED

FOR AWARD.

B.2 PRICE SCHEDULE

Per Subparagraph C.4.b. for Normal and Emergency Repair Service Definitions:

i. For Normal Repair Services, the Contractor shall arrive outside Business Hours at a scheduled time that it mutually agreeable to both parties.

ii. For Emergency Repair Services, the Contractor shall arrive on-site, ready to begin work, as follows: (1) During Business Hours, the Contractor shall arrive on-site within 2 hours of such request being made, ready to begin work; (2) Outside Business Hours, the Contractor shall arrive on-site within 4 hours of such request being made.

Base Year: October 1, 2020 – September 30, 2021

ITEM #

DESCRIPTION

(Firm Fixed Price)

QTY UNIT

UNIT

PRICE

TOTAL

PRICE

0001 Preventive Maintenance Services 12 MO $_____ $_____

ITEM #

DESCRIPTION

(Indefinite-Delivery Indefinite-Quantity)

EST.

QTY

UNIT

UNIT

PRICE

0002 Normal Repair Services – Outside Business Hours 40 HR $_____

0003 Emergency Repair Services – Business Hours 40 HR $_____

Emergency Repair Services – Outside Business

Hours

40 HR $_____

Base Year Firm Fixed Price Total: _______________

Option Year 1: October 1, 2021 – September 30, 2022

DESCRIPTION

(Firm Fixed Price)

QTY UNIT

UNIT

PRICE

TOTAL

PRICE

1001 Preventive Maintenance Services 12 MO $_____ $_____

ITEM #

DESCRIPTION

(Indefinite-Delivery Indefinite-Quantity)

EST.

QTY

UNIT

UNIT

PRICE

1002 Normal Repair Services – Outside Business Hours 40 HR $_____

1003 Emergency Repair Services – Business Hours 40 HR $_____

Emergency Repair Services – Outside Business

Option Year 1 Firm Fixed Price Total: _______________

Option Year 2: October 1, 2022 – September 30, 2023

ITEM #

DESCRIPTION

(Firm Fixed Price)

QTY UNIT

UNIT

PRICE

TOTAL

PRICE

2001 Preventive Maintenance Services 12 MO $_____ $_____

ITEM #

DESCRIPTION

(Indefinite-Delivery Indefinite-Quantity)

EST.

QTY

UNIT

UNIT

PRICE

2002 Normal Repair Services – Outside Business Hours 40 HR $_____

2003 Emergency Repair Services – Business Hours 40 HR $_____

Emergency Repair Services – Outside Business

Option Year 2 Firm Fixed Price Total: _______________

Option Year 3: October 1, 2023 – September 30, 2024

DESCRIPTION

(Firm Fixed Price)

QTY UNIT

UNIT

PRICE

TOTAL

PRICE

3001 Preventive Maintenance Services 12 MO $_____ $_____

ITEM #

DESCRIPTION

(Indefinite-Delivery Indefinite-Quantity)

EST.

QTY

UNIT

UNIT

PRICE

3002 Normal Repair Services – Outside Business Hours 40 HR $_____

3003 Emergency Repair Services – Business Hours 40 HR $_____

Emergency Repair Services – Outside Business

Option Year 3 Firm Fixed Price Total: _______________

Option Year 4: October 1, 2024 – September 30, 2025

DESCRIPTION

(Firm Fixed Price)

QTY UNIT

UNIT

PRICE

TOTAL

PRICE

4001 Preventive Maintenance Services 12 MO $_____ $_____

ITEM #

DESCRIPTION

(Indefinite-Delivery Indefinite-Quantity)

EST.

QTY

UNIT

UNIT

PRICE

4002 Normal Repair Services – Outside Business Hours 40 HR $_____

4003 Emergency Repair Services – Business Hours 40 HR $_____

Emergency Repair Services – Outside Business

Option Year 4 Firm Fixed Price Total: _______________

Contract Firm Fixed Price Total: _______________

B.3 PERFORMANCE WORK STATEMENT

Preventive Maintenance and Repair Services for Refrigeration and HVAC Equipment

A. Overview. The purpose of this Contract is to provide preventive maintenance and repair services for the refrigeration and heating, ventilation, and air conditioning (“HVAC”) equipment, as specified in

Appendix 1 at the end of this Performance Work Statement, at the Jesse Brown VA Medical Center, 520 South Damen Avenue, Chicago, Illinois 60612-4223.

1. Basic Contractor Responsibilities: The Contractor shall provide all personnel, equipment, material, parts, software, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary for execution of the work to be performed under this Contract. All work shall be performed in a neat and professional manner, including the removal of all trash and debris at the completion of any and all work.

2. Non-interference with Facility’s Functions: The Contractor shall interrupt its work at any time so as to not interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts. In the event of an emergency, Contractor services may be stopped and rescheduled to a date and time mutually satisfactory to the Contractor and the COR, at no additional cost to the Government.

3. Equipment/Parts/Software: All equipment, parts, and software provided by/through the

Contractor shall be new and meet or exceed Original Equipment Manufacturer (“OEM”) recommendations/requirements. The Contractor shall not use rebuilt or used parts without the express, written approval of the COR. Any equipment or parts replaced under this Contract remain the property of the VA and shall be turned over to the COR.

4. OEM Specifications/Requirements: All work performed under this Contract shall be conducted in accordance with OEM specifications and requirements.

5. Hours of Operation: Normal hours of facility operation (“Business Hours”) are Monday through

Friday, 8:00 a.m. – 4:00 p.m. Local Time, except for the following Federal Holidays:

a. New Year’s Day;

b. Martin Luther King, Jr. Birthday;

c. Memorial Day;

d. Independence Day;

e. Labor Day;

f. Thanksgiving Day;

g. Christmas Day; and

h. Any other day designated as a Federal Holiday by Presidential Decree.

B. Preventive Maintenance Services. All work performed under this Paragraph is governed by the regulations for Firm Fixed Price Contracts, FAR 16.202.

1. Purpose: The purpose of Preventive Maintenance Services is to ensure that Jesse Brown VAMC’s refrigeration and HVAC equipment (“Equipment”) reliably operate at peak efficiency. See

Appendix 1 at the end of this Performance Work Statement for a complete list of all Equipment.

Preventive Maintenance Services shall include adjustments or repairs as required to return

Equipment to optimum function at no additional cost to the Government, so long as such adjustments or repairs do not require the purchase of equipment, parts, and/or software. In the event that equipment, parts, and/or software need to be purchased to accomplish the adjustment/repair, the Contractor shall notify the COR and provide a quote for the necessary equipment, parts, and/or software. The Contractor shall not procure any equipment, parts, and/or software until authorized by the Government.

2. Preventive Maintenance Services Plan: The Contractor, in coordination with the COR, shall develop a comprehensive plan for providing Preventive Maintenance Services within sixty (60) days of Contract award. This Plan shall include specific dates, Equipment, and the maintenance that will be conducted on each date. It is anticipated, but not required, that Preventive

Maintenance Services will be conducted on a quarterly basis.

3. Coverage: Preventive maintenance shall be conducted in accordance with the Preventive

Maintenance Services Plan and include at a minimum:

a. Inspection and cleaning of all equipment;

b. Calibration and lubrication of equipment, as necessary;

c. Inspection of electrical wiring and cables for wear or fraying, making repairs as necessary;

d. Review of operating system software diagnostics to ensure that the system is operating in accordance with OEM specifications; and

e. Identifying and testing worn or potentially faulty equipment or parts and recommending remedial action, including providing quotes for new equipment or parts, as applicable.

C. Repair Services. All work performed under this Paragraph is governed by the regulations for

Indefinite-Delivery Indefinite-Quantity Contracts, FAR 16.504 & 16.505. No work shall commence under this Paragraph until a Task Order covering such work has been issued.

1. Purpose. The purpose of Repair Services is to provide around-the-clock availability of

Equipment repair services to ensure continuous operation of the Equipment. Repair Services are those services not covered under the Preventive Maintenance Services Plan.

2. Availability. The Contractor shall provide Repair Services coverage around-the-clock, every day of the year, i.e., 24/7/365.

3. Government Point-of-Contact: The Government’s point-of-contact for this Paragraph shall be the

COR or alternate COR, as may be designated. The COR and Alternate COR are authorized to request Repair Services under this Paragraph.

4. Response Times.

a. Telephone Calls.

i. During Business Hours, the Contractor shall return all telephone calls within thirty (30) minutes of receipt.

ii. Outside Business Hours, the Contractor shall return all telephone calls within one (1) hour of receipt.

b. Service Calls: In the event a problem cannot be remedied by a telephone call, the COR or alternate COR will make the decision as to whether an on-site Repair Services call is needed and notify the Contractor.

i. For Normal Repair Services, the Contractor shall arrive outside Business Hours at a scheduled time that is mutually agreeable to both parties.

ii. For Emergency Repair Services, the Contractor shall arrive on-site, ready to begin work, as follows: (1) During Business Hours, the Contractor shall arrive on-site within

2 hours of such request being made, ready to begin work; (2) Outside Business Hours, the Contractor shall arrive on-site within 4 hours of such request being made.

5. Invoices: Invoices rendered under this Paragraph shall bill the Government for the time expended by the Contractor performing Repair Services at the rates set forth in the Price Schedule.

Invoices for Repair Services must be submitted in accordance with the invoicing procedures set forth in Section B.1 in order to ensure timely payment.

6. Task Orders. This paragraph does not authorize the Contractor to perform any Repair Services; a separate Task Order will be issued authorizing such work. Per FAR 52.216-18(b), “All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.”

7. Order Limitations: The Government shall not order, and the Contractor shall not deliver, any

Repair Services that exceed the maximum set forth in the Price Schedule, above, for that particular contract period.

D. Reporting.

1. Daily Reporting: Upon completion of work performed during each service call, regardless of whether the service call is for Preventive Maintenance Services or Repair Services, the Contractor shall submit a complete Engineering Service Report (“ESR”) to the COR for the COR’s review and signature. The ESR shall include the following information:

a. Name of Contractor;

b. Name and signature of service technician who performed the services;

c. Contractor’s ESR/log number;

d. Date, time (starting and ending), equipment serviced (including downtime, if any), and number of hours on-site for the service call;

e. Description of problem reported by the COR, if any;

f. Identification of equipment serviced, including: ID number (if any), manufacturers name, model, serial number(s), room location, and any other manufacturer's identification numbers;

and

g. Description of service performed including: name of equipment, parts replaced (including part numbers), any other materials used, and preventive maintenance and/or repairs completed.

2. Annual Reporting: Upon completion of each Contract period (i.e., Base Year or Option Year), the

Contractor shall provide a list of all equipment serviced during that period, the date of preventive maintenance and/or repair, and a brief description of the work performed.

E. Scheduling. All Preventive Maintenance Services performed under this Contract shall be performed

OUTSIDE Business Hours, in accordance with the Preventive Maintenance Services Plan. Repair

Services shall be performed as scheduled with the COR.

F. Service Technician Requirements. All work performed under this Contract shall be performed by fully trained service technicians for the equipment being serviced.

G. Legal/Professional Standards Compliance. All work performed under this Contract shall comply with all applicable laws, regulations, ordinances, rules, professional standards, and OEM standards/ recommendations including, but not limited to: The Joint Commission (TJC); the Occupational Safety and Health Administration (OSHA); the Environmental Protection Agency (EPA); the National

Electrical Code (NEC); the National Fire Protection Association (NFPA); Underwriters Laboratories

(UL); and the American National Standards Institute (ANSI).

[Appendix 1: Equipment List, on the Next Page]

Appendix 1: Refrigeration and HVAC Equipment at the Jesse Brown VA Medical Center

Equipment

Type

Equipment

Number

Location/

Description Make Model Serial Number

Evaporator

AHU

EVA7

Damen

Kitchen

Sanyo KS2432A 101124

Chiller Air

Cooled

RTU1

Damen 2nd

Fl Roof/

Clean room

Trane CGAFC030EANA1L000E C08K09849

Condenser CHI1

Damen 6th

Fl Roof /

Blood Lab

York YCUL0106EC17XCADBTxxxxxLxxxx43 RASM017255

Condenser

(WIC)

AC3

Damen 2nd

Fl Roof Heat Craft LHT020H2C T08M11117

Condenser

(WIC)

AC4

Damen 2nd

Fl Roof Heat Craft LHT029M2C T08M11351

Condenser

(WIC)

CON3

Taylor 2nd

Fl Roof Copeland CBAM-0203-AD-001 TBD

Condenser CON5 Taylor 2nd

Fl Roof Carrier 24ACB348A300 1011E10437

Condenser CON6 Taylor

Penthouse Russell MES100H22 L9365229-032

Condenser CON7 Damen 4th

Fl Roof Heat Craft M0S030M23CF T02C01269

Condenser CON8 Damen 4th

Fl Roof Heat Craft M0S030M23CF T02C01270

Condenser CON9

BSMT

Morgue -

Damen Bldg

Copeland CS12K6E-TF5-273 09C24781B

Condenser CON18 Damen 4th

Fl Roof Heat Craft LHT015H2BF T05K01327

Condenser CON19 Damen 4th

Fl Roof Heat Craft LHT015H2BF T05B00959

Condenser RTU3

Bed Tower

Penthouse

Roof

Trane TTA090A400FA 64651L6AD

Condenser WIC3 Damen Tank

Room Copeland C7AB-0200-TAC-001

Condenser WIF1 Damen 2nd

Fl Roof Heatcraft LZT060L6C

T08M1108

/P#89024901

Ice Machine ICE1 Canteen Hoshizaki KM-515MWH M008938

Ice Machine ICE2 Canteen HOSHIZAKI KM-515MWH Y20801D

Reach In

Cooler QCHI24 3495 Traulsen RBC100-32 T172361J11

Reach In

Cooler QCHI25 3495 Hobart HQC-90 680314349

Reach In

Cooler QSD26 Canteen TRUE TS-49 8059842

Reach In

Cooler QSD29 Canteen TRUE GDM-47 7587047

Reach In

Cooler QSD30 Canteen TRUE GDM-47 7587054

Equipment

Type

Equipment

Number

Location/

Description Make Model Serial Number

Reach In

Cooler RIC1 Canteen VICTORY RSA-2D-57 NO160740

Reach In

Cooler RIC2 Canteen VICTORY TBD TBD

Reach In

Cooler RIC3 Canteen HeatCraft MK13A N/A

Reach In

Cooler RIC4 Canteen TRUE TS-23 7920980

Reach In

Cooler RIC5 Canteen TRUE TYC-48 5402042

Reach In

Cooler RIC6 Canteen

American

Food SVC

AFC-E04HW1J AFC-VC-CIL

Reach In

Cooler RIC7 Canteen Federal SQ6CD 9102757310

Reach In

Cooler RIF17 Canteen TRUE TS-49F E502604

Reach In

Cooler

RIF18

Damen

Kitchen

TRUE T23F 8098372

Reach In

Cooler

RIF25

Damen

Kitchen Victory FS-2D-S7 K0869689

Reach In

Cooler

RIF26

Damen

Kitchen Victory VF-2 K0869773

Refrigerator RIF20 Damen

Kitchen Victory RIS1D-S7 J0404114

Refrigerator RIR14 Damen

Kitchen Aladdin ADL-21 105084503M

Refrigerator RIR15 Damen

Kitchen Aladdin ADL-21 87587M

Refrigerator RIR16 Damen

Kitchen Hobart Q1 32557690MM

Refrigerator RIR17 Damen

Kitchen Hobart QT2 32557420

Refrigerator RIR19 Damen

Kitchen Victory RIS1D-S7 J0404113

Refrigerator RIR21 Damen

Kitchen Victory RIS1D-S7 H0402247

Refrigerator RIR22 Damen

Kitchen Victory RIS1D-S7 C0497902

Refrigerator RIR23 Damen

Kitchen Victory RIS1D-S7 G0401350

Split System

Condenser

CON12

Damen 4th

Fl Roof/

Kitchen

Meeting

Room

Sanyo CL23432A 49224

Split System

Condenser

CON13

Damen 4th

Fl Roof/

Kitchen

Meeting

Room

Sanyo CL2432A 49524

Split System

Condenser

RTU2

Damen 2nd

Fl Roof Trane TTA180C300GA 8452T8TAD

Type

Equipment

Number

Location/

Description Make Model Serial Number

Evaporator

(WIC)

ACU1

Damen

Kitchen/

Box 1

Heat Craft KR34K-11-BB-A 682088-010-003

Evaporator

(WIC)

WIC1

Damen

Kitchen/

Box 3

HeatCraft LCA6215AHB T08L08641

Evaporator

(WIC)

WIC2

Damen

Kitchen/

Box 2

HeatCraft LCA6160AHB T08L08449

Evaporator

(WIC)

WIC2-1

Canteen/ Rm

Geiqback/Heat

Craft

ADT208AK D206F09385

Evaporator

(WIC)

WIC5

Damen

Kitchen Heat Craft ADT260AJ D02A10193

Evaporator

(WIC)

WIC6

Damen

Kitchen Heat Craft ADT260AJ D01M02368

Condenser

(WIF)

WIC7

Taylor 2nd

Fl Heat Craft BST030E6D T02G00241

Evaporator

(WIC)

WIC8

Damen

Morgue Trenton TLP317MA-S 1A062207539

Evaporator

(WIC)

WIC9 6233 Russell CTA-46-100 L9365229-071

Walk In

Cooler

WIR 6th floor

In room

BOHN MPE0901E DKD1528

Evaporator

(WIF)

WIF2

Canteen/

HeatCraft LET160BJ D06F09385

Condenser

(WIF)

WIF4

8th Floor

Taylor Copeland LAHA-032E-TAC-100 ET00FO8220

Condenser

(WIF)

WIF3

8th Floor

Taylor Copeland CBSM-0103-TAC-001 TBD

Evaporator

(WIF)

WIF5

Damen

Kitchen

HeatCraft LCE6120BHB T08K08020

Evaporator

(WIF)

WIF6 6254 TBD TBD TBD

Beverage

Station Canteen N/A N/A ZLA1575790

Beverage

Station Canteen N/A N/A ZLA157346Q

Open Air

Cooler Canteen Encore HV38RSSRD

0420438

ES281170

Refrigerated

Drawer

Damen

Kitchen Grill Stand 2007SC 238774

Egg/Cheese

Cooler

N/A UPD3212DO-03000 T79465119

RIF

Damen

Kitchen Turbo Air TWF-28SD WT2F601004

Undercounter

Refrigerator

Victory RURS-1-S7 J0404431

Refrigerator Damen

Kitchen Victory RIS-1D-S7 J0404114

Refrigerator Damen

Victory RIS-1D-S7 NG0401350

Type

Equipment

Number

Location/

Description Make Model Serial Number

Freezer Damen

Kitchen Traulsen G23010-023 T37027I18

Freezer Damen

Kitchen Traulsen T-23F 87587M

Ice Machine Damen

Kitchen Scotsman MDT5N25A 12031320014894

Air Curtain Damen

Kitchen Victory ACRS-1D-S1 D1309837

Air Curtain Damen

Kitchen Air Screen R-AS-10 196312601

Mini Ice

Cream

Freezer

Victory 65255 700009010058

Refrigerator Damen

Kitchen

N/A EE121289 N/A

Cryogenic

Refrigerator

Fisher

Scientific

ULT2186-4-A43 125922701080918

Air Cooled

Chiller Ogden Roof Trane RTAC2004 VIDHVAFNN1TX1DDO U17B07269

Air Cooled

Chiller #1

Bed Tower

Penthouse

Roof

Trane RTAC2004 UIJHVAFNLITY1DDB U19HQ4770

Air Cooled

Chiller #2

Bed Tower

Penthouse

Roof

Trane RTAC2004 UPQNVAFNL1DDL UQ6HQ9520

Centrifugal

Chiller

AC20

Damen

Refrigeration

Room

Trane RTUD 100F 2BQ2 41E1 U1QJQ8272

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(a) 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.

(b) 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.

(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, 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 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, line item number and, if applicable, the order number;

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

(v) Shipping number and date of shipment, including the bill of 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 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) 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 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 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 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 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.