Laboratory Chamber Maintenance Plan - Base+4 - Kearneysville WV

Amendment / Modification

This document is Amendment 0001 to Solicitation 1232SA26Q0524, effective April 22, 2026. The primary change is the incorporation of the clause AGAR 452.203-72, "Unenforceable Supplier Terms (APR 2026)", into the contract.

• The clause AGAR 452.203-72 is added.

• The document does not explicitly state if proposal deadlines or evaluation factors have been modified. However, it does extend the date for receipt of offers.

• Definitions: Clarifies "supplier terms" as provisions drafted by vendors intended to create a legal obligation on the end user.

• Applicability: Supplier terms are part of the contract only if consistent with the clause, the contract, or Federal law. Conflicting terms are void.

• Authorization Required: Supplier terms are only binding if expressly authorized by the USDA Supplier Terms Authorization Form.

• Unenforceable Terms: Lists specific types of supplier terms that are unenforceable against the Government, including those that:

  • Require payment of future fees, penalties, interest, or minimum commitments.
  • Require Government indemnification.
  • Restrict the Government's ability to obtain similar supplies or services from other sources.
  • Impose penalties for non-exercise of options.
  • Subject the Government to non-Federal laws.
  • Require dispute resolution in a non-Federal forum.
  • Establish different periods of limitations.
  • Grant contractors rights to use, mine, or exploit Government data.
  • Deem acceptance based on silence or continued performance.
  • Grant rights to audit Government facilities or records without express authorization.
  • Require acceptance of supplier security requirements.
  • Permit suspension or termination of access based on alleged non-payment or breach.
  • Limit the Government's right to use, install, access, test, evaluate, or transfer licensed products/services.
  • Require specific data storage locations or permit transfer of Government data outside the U.S.
  • Authorize supplier use of Government name, seal, or logo for marketing.
  • Incorporate terms imposed by third parties without bilateral modification.
  • Limit contractor performance obligations or remedies through a supplier-provided SLA.
  • Use Government data to train AI/ML models.
  • Subject the Government to automated decision-making or algorithmic processes without transparency.
  • Require explainability, auditability, and bias mitigation for AI/ML.
  • Profile or track user behavior for personalization or marketing.

• Non-binding Actions: Clickwrap, browsewrap, or "I agree" mechanisms do not bind the Government to unenforceable terms.

• End User: Supplier agreements bind the ordering activity as the end user, but not individual Government employees personally.

• Law and Disputes: Supplier agreements are governed by Federal law.

• Statutory Exception: Clause does not apply to authorized indemnification or payments.

• Continued Performance: Suppliers cannot unilaterally revoke rights; disputes must follow the Contract Disputes Act.

• Arbitration: Binding arbitration is not permitted unless specifically authorized.

• Equitable/Injunctive Relief: May only be awarded against the U.S. Government when explicitly provided by statute.

• Revisions: Supplier agreement revisions require bilateral modification; unilateral revisions are not binding.

• No Automatic Renewals: Licenses or services tied to periodic payments do not renew automatically without express written consent.

• Indemnification: U.S. Department of Justice has sole right to represent the U.S. in indemnification actions.

• Taxes/Surcharges: Must be submitted to the Contracting Officer for determination of applicability.

• Non-assignment: Assignment or delegation requires Government prior approval.

• Confidential Information: Agreement and price lists are not considered confidential information. Release of unit pricing is subject to the Freedom of Information Act. Government may retain confidential information as required by law.

• Conflict with Federal Law: Conflicting or inconsistent language is null and void.

• The period of performance is noted as 05/18/2026 to 05/17/2027.

Solicitation / RFP / RFQ

This document is a Request for Quotation (RFQ) for a Laboratory Chamber Maintenance Plan. The U.S. Department of Agriculture, Agricultural Research Service (ARS) is seeking maintenance services for laboratory chambers.

• The primary deliverable is a Laboratory Chamber Maintenance Plan.

• Services include maintenance, service, repair, or disposal of refrigeration equipment and air conditioners.

• The Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP) are detailed in Attachment 1.

• The anticipated award type is a firm-fixed-price, purchase order.

• The contract will consist of one (1) one-year base period and four (4) one-year option periods, for a total duration not to exceed five (5) years.

• The period of performance for the base period is 05/18/2026 to 05/17/2027.

• Option periods extend through 05/17/2031.

• Invoicing is to be submitted monthly in arrears.

• The offer due date is April 28, 2026, at 0900 ET.

• Quotations will be evaluated based on the lowest price technically acceptable (LPTA) criteria.

• Price will be evaluated for fairness and reasonableness.

• Technical Acceptability will be rated as "acceptable" or "unacceptable."

• All required blocks on the SF1449 form must be completed, including pricing for all CLINs.

• Failure to propose pricing on individual line items may result in exclusion.

• The acquisition is unrestricted.

• NAICS Code: 334516 (Size Standard: 1,000 employees).

• Various FAR clauses related to small business concerns, HUBZone, and other set-asides are listed as applicable if checked.

• Attachment 1: Performance Work Statement and QASP.

• Attachment 2: Wage Determination 2015_4975_R27.

• All amendments will be posted to sam.gov. Quoters are responsible for monitoring sam.gov for updates.

• No phone inquiries will be accepted; all correspondence must be via email.

• The government reserves the right to cancel the solicitation.

Statement of Work (SOW) / Performance Work Statement (PWS)

To provide comprehensive laboratory chamber maintenance, including OEM authorized maintenance for walk-in growth chambers, cold rooms, freezers, and reach-in environmental chambers at the USDA Appalachian Fruit Research Station in Kearneysville, WV.

• Perform scheduled inspections, cleaning, calibration, firmware updates, and adjustments to maximize equipment uptime and lifespan.

• Maintain environmental setpoints within specified tolerances for temperature, relative humidity (RH), CO2, and lighting.

• Proactively address wear indicators to reduce unplanned failures and energy waste.

• Document all maintenance actions, measurements, and corrective recommendations.

• Perform PWS-based maintenance on a list of specified equipment (detailed in the document).

• Routine consumables (filters, gaskets, belts, lamps) are included; non-routine parts are not.

• Handle refrigerants per EPA Section 608, comply with site EHS, LOTO, and waste disposal requirements.

• Adherence to manufacturer or site tolerances for temperature, RH, CO2, and lighting.

• Verified recovery times and leak-free refrigeration performance.

• Validated alarm/notification pathways.

• Unit-specific PM reports submitted within five business days.

• Annual Summary Report aggregating trends, failures, and improvement recommendations.

• Period of Performance: One (1) Base Year of 12 months and four (4) 12-month option years.

• Place of Performance: USDA Appalachian Fruit Research Station (AFRS), 2217 Wiltshire Rd. Kearneysville, WV 25443.

• General Access Hours: 6:30 AM to 4:00 PM Eastern Time on Business Days (Monday-Friday).

• Work on walk-ins to be scheduled during off-peak periods or with temporary relocation plans.

• Extended downtime units require at least 5 business days' advance notice with a mitigation plan.

• Contractor personnel require appropriate attire, identification, and may need PIV cards for access.

• Contractor must comply with Personal Identity Verification (PIV) policies and procedures.

• Insurance requirements include Workers' Compensation, General Liability, Automobile Liability, and potentially Aircraft Public and Passenger Liability.

Form / Attachment / Pricing Sheet

This document is a Wage Determination (No. 2015-4285, Revision No. 34) issued by the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division. It establishes the minimum wage rates and fringe benefits required for various occupations under the Service Contract Act for the State of West Virginia, County of Jefferson.

• Lists occupational codes and corresponding titles.
• Specifies the minimum hourly wage rate for each occupation.
• Indicates that fringe benefits are required and follow the occupational listing.
• Includes notes on Executive Orders 13706 (Paid Sick Leave) and 13658 (Minimum Wage) and their applicability to contracts.
• Details provisions for vacation, holidays, hazardous pay differentials, and uniform allowances.
• Outlines the process for requesting additional classifications and wage rates (conformance process).

This document is critical for any bidder on a federal contract subject to the Service Contract Act in the specified geographic area. It dictates the minimum labor costs that must be factored into proposals. Bidders must ensure their proposed wages and benefits meet or exceed these requirements for all listed occupations to ensure compliance and fair compensation for workers.