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36C10E20Q0083

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. 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.

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 CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA

3180-000008 36C10E20Q0083 02-03-2020 Tina Angela Brooks 202-461-9098 02-14-2020 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 X X 335311 750 Employees N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Winston-Salem Regional Offices (318) Addresses provided in Section B.3

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006

All invoices must be emailed to:

Brian.hawks@va.gov tina.brooks@va.gov

See CONTINUATION Page Solicitation SDVOSB Set-Aside Product with Services Brand name or equal: 5 Eaton BladeUPS 5 kVA to 60 kVA (N+1) systems and Preventative Maintenance Service base plus 4 option year (See Sections B.2 Statement of Work (SOW) for details).

QUOTE SUBMISSION INSTRUCTIONS:

a) Insert quoted prices in Section B.3 Price/Cost Schedule of this solicitation, sign and return this document.

b) Quotes for other than Brand name must include spec sheet and color brochure.

c) Questions must be submitted as a word document by email ONLY to tina.brooks@va.gov by 11:59 PM February 06, 2020.

d) Quotes must be received as a .pdf by email to ONLY tina.brooks@va.gov no later than 11:59 PM February 14, 2020.

e) If trade-in value will be provided for old units please include trade-in value in quote.

f) Company Name, address with zip code, DUNS, tax ID, and a point of contact: name, email address and phone number must be included in block 17a for the quote to be considered

g) Please provide your best and final offer.

See CONTINUATION Page 318-309600-3129 000039600 0151A1 2020 X X Tina Angela Brooks

VA-VBA-2019-D88CC7C8

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK (SOW)4
B.3 PRICE/COST SCHEDULE9
ITEM INFORMATION9
B.4 DELIVERY SCHEDULE30
SECTION C - CONTRACT CLAUSES31
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)31
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)37
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)37
C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)37
C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)39
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)40
C.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)41
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)41
C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)42
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS50
SECTION E - SOLICITATION PROVISIONS51
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)51
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)55
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)56
E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)57
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2019)57

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:

b. GOVERNMENT: Contracting Officer 36C10E Tina Angela Brooks Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006

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:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] after delivery and/or service, inspection and acceptance.

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.

All invoices must be emailed to:

Brian.hawks@va.gov tina.brooks@va.gov

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

AMENDMENT NO
DATE

B.2 STATEMENT OF WORK (SOW)

Description: 5 Uninterrupted Power Source (UPS) and Preventative Maintenance Services (PMS)

1. BACKGROUND

The Department of Veterans Affairs Winston-Salem Regional Office utilizes the EATON BladeUPS uninterruptable power supply (UPS) to provide continuous power to its computer server closets. A preventive maintenance service and routine maintenance contract is necessary to ensure that the devices and the systems used to provide power to the server closets are in peak operable condition to assure that the mission of the Winston Salem Regional Office can continue in the event of a power failure and to ensure that Department of Veterans Affairs staff have sufficient opportunity to accomplish normal and safe shut down of the servers if necessary.

The contractor shall furnish all services, tools, equipment, labor, facilities, transportation and supervision to provide preventive maintenance services to the Department of Veterans Affairs, Winston-Salem Regional Office.

2. CONTRACTOR RESPONSIBILITIES

The contractor shall provide the following preventive maintenance services under this contract:

a. Corrective Maintenance Coverage: Inspection and repair of the electronic portion of the UPS, or "Power Module" shall be performed as needed during the contracted period of maintenance at no extra charge to Purchaser. Remedial maintenance provided by the contractor shall include, and be expressly limited to, maintenance to the Power Module, travel expenses, all necessary parts replacement, adjustments and repairs. If the Purchaser maintains spare parts at the maintenance site, Contractor may, at its option, use those spare parts in the performance of corrective maintenance. The contractor shall replace the spare parts, which it so uses.

Exclusions: certain wear parts are excluded from corrective coverage including external batteries and full capacitor replacement. All corrective maintenance to the battery system, if any, will be in accordance with battery manufacturers' warranty or separate agreement, if any.

b. UPS Preventive Maintenance: Biannually calibration of all metering and protective features. Functional testing of all transfer conditions. Inspection of online performance and equipment history. Examination of interfaces to other powertrain equipment. Visually inspect batteries and battery environment. Written evaluation providing a record of equipment performance. The contractor will perform the preventive maintenance during normal working hours.

i. The following is an outline of general checks performed during an Eaton Preventive Maintenance of the Eaton UPS Power Module normally performed by Eaton field service personnel. All checks are designed to be performed either during normal operation with no danger to the UPS’s operation condition and the critical load, or during off line operation, in the bypass mode. All checks or processes may not be applicable to all equipment models.

A) Visual Inspection

· Inspect all printed circuit board connections for cleanliness, swab contacts if necessary.

· Inspect all power connections for signs of overheating

· Inspect all subassemblies, bridges and legs for signs of component defects or stress

· Inspect all DC capacitors for signs of leakage

· Inspect all AC capacitors for signs of leakage

· Inspect and inventory all customer-owned spare parts

· Inspect for, and perform as required, any open engineering changes

· Inspect battery monitoring system

B) Internal Operating Parameters

· DC Ground Detection Offset

· Inverter leg current average balance

· Output filter current average phase balance

· Rectifier bridge current average leg balance

· AC Protection settings and operation

· DC Protection settings and operation

· Input and Output Frequency and Voltage Bandwidth settings

· Verify DC filter capacitance

· Verify AC tank and trap filter capacitance

· Power Supply voltages and waveforms

· Replace Power Module power supply back up control battery cells

· Static Switch leakage testing

C) External Operating Parameters

· System Input Voltages (all phases)

· System Input Currents (all phases)

· DC Charging Voltages (float and equalize), record settings, adjust to nominal

· Rectifier phase on and walk up

· Inverter phase on and walk up

· Adjust all panel meters to measured values

· System Bypass Voltages (all phases)

· Manual and UV Transfer Testing, verify uninterrupted transfer waveform

· Outage simulation, and battery capability testing, and verify charger current limit

· Generator operation and interface verification

D) Environmental Parameters

· UPS area ambient temperature and condition of ventilating equipment

· General Cleanliness of UPS Power Module

· General Cleanliness of UPS area

· Replace all air filters

· Clean control panel/CRT screen

E) Battery Cabinet Checks (Eaton Manufactured)

· General appearance of Battery System (all types)

· General cleanliness of Battery System area (all types)

· Inspect cells for physical abnormalities

· Inspect all DC connections for abnormalities

· Battery System area ambient temperature and condition of ventilating equipment

F) Monitoring System Parameters

· Alarm archive review and printing

· Alarm lamp test-local and remote

· Replace all open monitor bulbs

G) General

· Customer Consultation

· Verbal Recommendations

· General Observations

Following the Preventive Maintenance inspection, a written report will be provided detailing the results of the inspection, and making specific recommendations toward future remedial action, upgrades, or sparing.

Battery Preventive Maintenance: Perform biannual preventive maintenance on UPS battery systems during the term of this service agreement. The contractor shall schedule, with notice to the purchaser, the preventive maintenance visits.

ii. Battery Maintenance of Battery Equipment includes, and is expressly limited to, those tasks set forth below.

Performed During Each Preventive Maintenance Visit:

A) Measure and Record

· Individual cell/battery float voltages and overall float voltage

· Charger output current and voltage

· AC ripple current and voltage imposed on the battery

· Internal ohmic values of each cell/battery or perform a continuity test of each cell/battery

· Connection Resistance of 10% of the inter cell/battery connection

· Ambient temperature

· Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier

B) Visually Inspect

· Connection terminals inter cell/battery connectors, cables and associated hardware

· Cell/battery covers, containers, and post seals

· Battery racks or cabinets and associated components and hardware

· Cell/battery jar or cover, noting any excessive distortion

c. Cleaning Performed Biannually

A) The maintenance procedures should include all the above with the addition of the following:

· Measure and record the connection resistance of 100% of the inner cell/battery connections.

· Re-torque any connection where the resistance is above 20% of the average.

Reporting Each Preventive Maintenance Visit:

A) The technician(s) will issue the customer a detailed written report summarizing the condition of the battery and identifying any critical issues before leaving the customer's site.

B) A detailed report containing all readings and observations will be sent to the customer within five business days.

d. Customer Web Account Access: Contractor will provide Purchaser with web-based access to account information and site service records. Access will be password restricted for maximum security of Purchaser records. A history of service performed, as well as scheduled service calls will be available.

3. EQUIPMENT LOCATION: 100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

1 – Eaton BladeUPS 5 kVA to 60 kVA (N+1) system

a) Location floor-17

b) Location floor-18

c) Location floor-19

d) Location floor-20

e) Location floor-26 Required delivery date shall be 30 days within receipt of order

a. One-time purchase of Eaton BladeUPS 5 kVA to 60 kVA (N+1) systems: One UPS unit to be installed in the 5 server rooms which will replace inoperable units already in place. The replaced UPS units and dunnage will then be removed by the contractor. The five new units will then be incorporated in the scheduled preventative maintenance agreement. Access at this location is via dock in the Wells Fargo building. This loading dock can accommodate standard trucks up to 40 feet in length. Also, there are two freight elevators for use.

4. EQUIPMENT LOCATION: 251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

1 – Eaton BladeUPS 5 kVA to 60 kVA (N+1) system

f) Location floor-1 closet 155 S/N: BM362P0005, BM362P0002

g) Location floor-4 closet 401 S/N: BM362P0006, BM362P0007

h) Location floor-5 closet 502 S/N: BM362P0003, BM403P0002, BM403P0001, BM403P003

i) Location floor-5 closet 504: S/N: BM493P0023, BM413P0003

j) Location floor-6 closet 6th: S/N: BN154P0115, BN181P0002

k) Location floor-7 closet 712: S/N: BM413P0002, BM493P0022

l) Location floor-8 closet 801: S/N: BM362P0004, BM362P0008

m) Location floor-B-1 closet: B-1 S/N: BN351P0001, 345P0006

5. PERIOD OF PERFORMANCE

The period of performance for this contract will be base year with four option years. A notification of scheduled maintenance visits shall be three days in advance.

6. HOLIDAYS

The contractor will not be required to perform any maintenance services for the government on any of the following federal holidays:

New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. Additionally, the contractor will not be required to perform any services on those days designated by the Government where the office location is closed. The Government shall provide notice to the contractor in the event such an occasion arises.

7. OTHER REQUIREMENTS

A. Identification/Building Pass

Personnel will wear a personnel identification badge that displays name and company at a minimum. The VA will provide an escort(s) for the duration of the maintenance activity.

8. EXCLUSIONS

The contractor shall provide all services as set forth in this Statement of Work. The services to be provided are for preventative maintenance only and do not include the cost of parts or materials necessary to repair or replace defective equipment, devices, or controls.

The cost for services under this contract does not include overtime labor, repair labor, or any repair materials. All preventative maintenance performed after normal business hours, on an emergency basis, or during holidays shall be provided at a normal billing rate.

The contracting officer approval must be obtained in writing prior to additional work being performed. Contractor will assume responsibility and costs of any additional performed without contracting officer written permission.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5.00
EA
__________________
__________________

Brand name or equal:

Eaton BladeUPS 5 kVA to 60 kVA (N+1) systems

Note: Or equal quotes must include spec sheet and color brochure to be accepted.

1.00
JB
__________________
__________________

Delivery, installation, removal of old units, removal of dunnage

0.00
JB
__________________
__________________

Battery Preventive Maintenance Eaton BladeUPS 5 kVA to 60 kVA (N+1) system Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Serial number to be provided after purchase Contract Period: Base POP Begin: 03-01-2020 POP End: 02-28-2021

0003AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 17 Serial number to be provided after purchase Contract Period: Base

0003AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 18 Serial number to be provided after purchase Contract Period: Base

0003AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 19 Serial number to be provided after purchase Contract Period: Base

0003AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 20 Serial number to be provided after purchase Contract Period: Base

0003AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 26 Serial number to be provided after purchase Contract Period: Base

0.00

__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor:

Closet:

Serial numbers:

Contract Period: Base

0004AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 1 Closet: 155 Serial numbers: BM362P0005, BM362P0002 Contract Period: Base

0004AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 4 Closet: 401 Serial numbers: BM362P0006, BM362P0007 Contract Period: Base

0004AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 502 Serial numbers: BM362P0003, BM403P0002, BM403P0001, BM403P003 Contract Period: Base

0004AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 504 Serial numbers: BM493P0023, BM413P0003 Contract Period: Base

0004AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 6 Closet: 601 Serial numbers: BN154P0115, BN181P0002 Contract Period: Base

0004AF

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 7 Closet: 712 Serial numbers: BM413P0002, BM493P0022 Contract Period: Base

0004AG

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 8 Closet: 801 Serial numbers: BM362P0004, BM362P0008 Contract Period: Base

0004AH

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: B-1 Closet: B-1 Serial numbers: BN351P0001, 345P0006 Contract Period: Base

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 1

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Serial number to be provided after purchase Contract Period: Option 1 POP Begin: 03-01-2021 POP End: 02-28-2022

1001AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 17 Serial number to be provided after purchase Contract Period: Option 1

1001AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 18 Serial number to be provided after purchase Contract Period: Option 1

1001AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 19 Serial number to be provided after purchase Contract Period: Option 1

1001AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 20 Serial number to be provided after purchase Contract Period: Option 1

1001AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 26 Serial number to be provided after purchase Contract Period: Option 1

0.00

__________________
__________________

Battery Preventive Maintenance - Option Year 1

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor:

Closet:

Serial numbers:

Contract Period: Option 1

1002AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 1 Closet: 155 Serial numbers: BM362P0005, BM362P0002 Contract Period: Option 1

1002AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 4 Closet: 401 Serial numbers: BM362P0006, BM362P0007 Contract Period: Option 1

1002AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 502 Serial numbers: BM362P0003, BM403P0002, BM403P0001, BM403P003 Contract Period: Option 1

1002AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 504 Serial numbers: BM493P0023, BM413P0003 Contract Period: Option 1

1002AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 6 Closet: 601 Serial numbers: BN154P0115, BN181P0002 Contract Period: Option 1

1002AF

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 7 Closet: 712 Serial numbers: BM413P0002, BM493P0022 Contract Period: Option 1

1002AG

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 8 Closet: 801 Serial numbers: BM362P0004, BM362P0008 Contract Period: Option 1

1002AH

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: B-1 Closet: B-1 Serial numbers: BN351P0001, 345P0006 Contract Period: Option 1

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 2

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Serial number to be provided after purchase Contract Period: Option 2 POP Begin: 03-01-2022 POP End: 02-28-2023

2001AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 17 Serial number to be provided after purchase Contract Period: Option 2

2001AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 18 Serial number to be provided after purchase Contract Period: Option 2

2001AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 19 Serial number to be provided after purchase Contract Period: Option 2

2001AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 20 Serial number to be provided after purchase Contract Period: Option 2

2001AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 26 Serial number to be provided after purchase Contract Period: Option 2

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 2

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor:

Closet:

Serial numbers:

Contract Period: Option 2

2002AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 1 Closet: 155 Serial numbers: BM362P0005, BM362P0002 Contract Period: Option 2

2002AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 4 Closet: 401 Serial numbers: BM362P0006, BM362P0007 Contract Period: Option 2

2002AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 502 Serial numbers: BM362P0003, BM403P0002, BM403P0001, BM403P003 Contract Period: Option 2

2002AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 504 Serial numbers: BM493P0023, BM413P0003 Contract Period: Option 2

2002AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 6 Closet: 601 Serial numbers: BN154P0115, BN181P0002 Contract Period: Option 2

2002AF

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 7 Closet: 712 Serial numbers: BM413P0002, BM493P0022 Contract Period: Option 2

2002AG

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 8 Closet: 801 Serial numbers: BM362P0004, BM362P0008 Contract Period: Option 2

2002AH

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: B-1 Closet: B-1 Serial numbers: BN351P0001, 345P0006 Contract Period: Option 2

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 3

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Serial number to be provided after purchase Contract Period: Option 3 POP Begin: 03-01-2023 POP End: 02-29-2024

3001AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 17 Serial number to be provided after purchase Contract Period: Option 3

3001AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 18 Serial number to be provided after purchase Contract Period: Option 3

3001AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 19 Serial number to be provided after purchase Contract Period: Option 3

3001AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 20 Serial number to be provided after purchase Contract Period: Option 3

3001AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 26 Serial number to be provided after purchase Contract Period: Option 3

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 3

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor:

Closet:

Serial numbers:

Contract Period: Option 3

3002AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 1 Closet: 155 Serial numbers: BM362P0005, BM362P0002 Contract Period: Option 3

3002AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 4 Closet: 401 Serial numbers: BM362P0006, BM362P0007 Contract Period: Option 3

3002AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 502 Serial numbers: BM362P0003, BM403P0002, BM403P0001, BM403P003 Contract Period: Option 3

3002AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 504 Serial numbers: BM493P0023, BM413P0003 Contract Period: Option 3

3002AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 6 Closet: 601 Serial numbers: BN154P0115, BN181P0002 Contract Period: Option 3

3002AF

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 7 Closet: 712 Serial numbers: BM413P0002, BM493P0022 Contract Period: Option 3

3002AG

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 8 Closet: 801 Serial numbers: BM362P0004, BM362P0008 Contract Period: Option 3

3002AH

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: B-1 Closet: B-1 Serial numbers: BN351P0001, 345P0006 Contract Period: Option 3

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 4

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Serial number to be provided after purchase Contract Period: Option 4 POP Begin: 03-01-2024 POP End: 02-28-2025

4001AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 17 Serial number to be provided after purchase Contract Period: Option 4

4001AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 18 Serial number to be provided after purchase Contract Period: Option 4

4001AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 19 Serial number to be provided after purchase Contract Period: Option 4

4001AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 20 Serial number to be provided after purchase Contract Period: Option 4

4001AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

100 NORTH MAIN STREET, WINSTON-SALEM, NC 27101

Floor 26 Serial number to be provided after purchase Contract Period: Option 4

0.00
JB
__________________
__________________

Battery Preventive Maintenance - Option Year 4

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor:

Closet:

Serial numbers:

Contract Period: Option 4

4002AA

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 1 Closet: 155 Serial numbers: BM362P0005, BM362P0002 Contract Period: Option 4

4002AB

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 4 Closet: 401 Serial numbers: BM362P0006, BM362P0007 Contract Period: Option 4

4002AC

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 502 Serial numbers: BM362P0003, BM403P0002, BM403P0001, BM403P003 Contract Period: Option 4

4002AD

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 5 Closet: 504 Serial numbers: BM493P0023, BM413P0003 Contract Period: Option 4

4002AE

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 6 Closet: 601 Serial numbers: BN154P0115, BN181P0002 Contract Period: Option 4

4002AF

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 7 Closet: 712 Serial numbers: BM413P0002, BM493P0022 Contract Period: Option 4

4002AG

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: 8 Closet: 801 Serial numbers: BM362P0004, BM362P0008 Contract Period: Option 4

4002AH

2.00
JB
__________________
__________________

Battery Preventive Maintenance

Performed Biannually in accordance with SOW

251 NORTH MAIN STREET, WINSTON-SALEM, NC 27155

Floor: B-1 Closet: B-1 Serial numbers: BN351P0001, 345P0006 Contract Period: Option 4

GRAND TOTAL
__________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001-0002
SHIP TO:
Department of Veterans Affairs

VBA Winston-Salem Regional Office (318)

100 NORTH MAIN STREET

WINSTON-SALEM, NC 27101

USA

5.00
30 days ARO
MARK FOR:
Brian Hawks

336-251-6927 brian.hawks@va.gov

Page 1 of Page 1 of

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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or…

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