36C24520Q0270-001.docx

36C24520Q0002

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

613-20-1-600-0001

03-05-2019 Mark Smith 410-642-2411 03-27-2020 3:00pm

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

X

811310 $8 Million

N/A

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

THIS SOLICITATION IS FOR THE MARTINSBURG VA MEDICAL CERNTER

EMERGENCY DIESEL GENERATOR SERVICE CONTRACT.

BASE PLUS FOUR OPTION YEARS.

SEE SECTION B2 PRICE/COST SCHEDULE FOR DESCRIPTION OF

SERVICES.

SEE SECTION D FOR WAGE DETERMINATION.

SEE STATEMENT OF WORK FOR REQUIRMENT DETAILS.

QUOTES ARE DUE BY 03/27/2019

ALL QUESTIONS ARE DUE BY 03/18/2019

See CONTINUATION Page 613-3600162-600-851100-2548 010050192 x

Corey Black Contracting Officer

Table of Contents

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 Mark Smith 36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

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

B.2 STATEMENT OF WORK

VA Martinsburg Emergency Diesel Generators Preventive Maintenance, Service, Inspections, and Load Bank Testing

Contractor shall supply all equipment, tools, supplies, and labor necessary to provide preventive maintenance, service, service inspections, and load bank testing of Seventeen (17) emergency diesel generators located throughout the Martinsburg VA Medical Center campus and. All generator information and locations are listed in attachment “A”.

Contractor shall coordinate all maintenance, service, inspections, and load bank testing with the COR (Electrical Shop Supervisor) during normal working hours. (7:00 AM – 3:30 PM Monday – Friday) per NFPA 110 Contractor shall provide phone response to emergency calls within one (1) hour of receiving call and a two (2) hour response time (technician on site) for all emergency calls 24/7. VAMC will determine what calls they consider emergency and will notify the call service as such.

Contractor shall perform a minimum of twelve (12) visits per year to ensure accomplishment of all required preventive maintenance, service, and service inspections as defined in attachment “B” under Monthly PM Service.

Contractor shall perform a minimum of two (2) visits per year to ensure accomplishment of all required preventive maintenance, service, service inspections, and load bank testing as defined in attachment “B” under Minor PM Service, Major PM Service, and Additional Items.

Contractor shall provide detailed monthly, minor service, and major service preventative maintenance reports, service reports, inspection reports, and load bank testing reports within forty-eight (48) hours of completion of these services.

Contractor shall notify the Electric Shop Supervisor or Forman of any repairs need outside the scope of the maintenance contract or schedules for approval before proceeding.

Contractor will follow all VA Medical Center requirements concerning lockout/tagout procedures as required and hazardous waste removal and disposal requirements.

Contractor shall remove and dispose of any equipment and materials that they or their subcontractors remove from service and will no longer be needed after ensuring with the COR that the facility does not want to retain it. All trash will be removed daily and all areas that work was conducted in will be placed back to the same condition as it was prior to work being performed.

Scope of Work

Monthly PM Service - To be completed monthly:

Starting System

· Record battery cells’ electrolyte specific gravity (accessible batteries only).

· Top off electrolyte level in accessible lead-acid batteries with distilled water.

· Check and record battery charger/alternator for proper charge rate.

· Check for proper cranking termination upon starting.

· Clean and apply corrosion inhibitor to the terminals of lead acid batteries

· Tighten battery cable connections

· Inspect and tighten starter motor(s) connections

Minor PM Service - To be completed Semi-annually:

Cooling System

· Visual inspection of radiator or heat exchanger for leaks, damage, and obstruction.

· Check radiator coolant level replenish as required.

· Test coolant for proper antifreeze percentage.

· Test corrosion inhibitor concentration, record.

· Check jacket water heater for proper operation and adjust thermostat setting as needed.

· Inspect condition of radiator cap, gasket and sealing surface.

· Visual inspection of water pump and cooling system gaskets for leaks.

· Check belt tension and inspect for cracking and fraying if accessibility without disassembly permits.

· Inspect pulleys for excessive wear and lubricate hub bearings.

· Inspect flexible water connections for cracking, leaks, and pliability.

· Tighten hose clamps.

· Add ELC good for 3 years, add inhibiter, flush in 6 years with testing per year

Lubrication System

· Check oil level replenish as required.

· Check for excessive crankcase blow-by with engine running.

· Visual inspection of front and rear crankshaft seals and lubrication system gaskets for leaks.

· Inspect oil hose and connections for cracking, leaks, and pliability.

Fuel System – Diesel Engine

· Inspect flexible fuel lines for cracking, leaks and pliability.

· Check day tank/base tank level and test day tank pump for proper operation.

· Operate fuel-priming pump, check for proper operation and leaks.

· Drain water from water separator(s).

· Check fuel system for leaks

· Check electronic governor connections and actuator.

· Inspect steel fuel lines for cracks, leaks and proper line bracket support.

Exhaust System

· Inspect flexible exhaust coupling for cracks, excessive leakage, broken, or missing hardware.

· Inspect exterior of exhaust manifolds for oil/fuel slobbering (signs of wet stacking).

· Inspect exhaust rain protection and exhaust outlet screening.

· Drain water in exhaust moisture traps.

Air Intake System

· Inspect and clean air filters for plugging and deterioration.

· Check all intake piping for damage and loose connections.

· Clean and inspect air cleaner seal for pliability and sealing.

· Inspect turbocharger for excessive endplay clearance (if accessible) and seal leakage.

Installation

· Walk around inspection of complete installation.

· Inspect generator set vibration isolators.

· Check for abnormal noise or vibration.

· Re-check for oil and coolant leaks with engine running.

· Check for proper operation of remote fan motors, thermostats, circulating pumps, and solenoid valves.

· Check inlet and discharge louvers for proper operation with engine running and stopped.

Control Panel

· Operational check of illumination and safety lamps.

· Check electronic control panels for fault codes, notify customer of any codes that need to be addressed.

· Check proper operation of engine and generator instruments with generator running.

· Adjust governor control for optimum performance and frequency.

· Adjust voltage regulator for proper voltage.

· Inspect for excessive dirt accumulation and clean.

· Test emergency stop.

Major PM Service - To be completed annually in August:

Major PM Service items listed below and perform all Minor PM Service listed above:

· Change engine oil and filters, take oil sample for analysis.

· Change primary and secondary fuel filters.

· Properly dispose of waste oil and filters.

· Lubricate fan drive if accessible.

· Lubricate governor linkage.

· Lubricate generator bearing.

· Replace inlet filter for day tank.

· Filter and polish fuel oil in above ground and underground storage tanks. See locations and sizes in Attachment “C”

· Perform Level 1 coolant testing

Contractor will notify COR of any conditions requiring repair that are discovered during any PM. Any problem discovered because of a PM visit will be quoted/estimated separately.

Upon Completion of both Monthly, Minor, and Major Service:

· Reset all controls to automatic.

· Set circuit breaker to correct position.

· Check that fuel valves are in correct position.

· Check that battery charger is on.

· Check that day tank controls are on.

· Check that Louver controls are on.

· Check that Jacket water heater is on.

Additional Items:

· Cooling System Flush in Base Year.

· Resistive 1.5 hour load bank testing yearly in conjunction with Minor PM’s. (Base + Option Years 1,3, and 4.

· 50% @ 30 Minutes and 75% @ 1 Hour per NFPA 110

· Gen Frm 2, 3, and 4 are excluded from this requirement as they do not require load bank testing

· Resistive 3 hour load bank testing during Option Year 2 in conjunction with Minor PM’s

· 2 Hours must be => 75% power per NFPA 110

· Gen Frm 2, 3, and 4 are excluded from this requirement as they do not require load bank testing

· Major PM’s to be performed during the month of August. (Dates to be confirmed with VA Martinsburg COR)

· Minor PM’s with load bank testing to be performed in month of February. (Dates to be confirmed with VA Martinsburg COR)

· Replace with new, all radiator and fuel hoses during Base Year of contract.

· Provide a service ticket on all service calls

Attachment 1

Preventive Maintenance, Service, Inspections, and Load Bank Testing

Attachment 2

Diesel Storage Tanks and Locations

(Belly Tank) Power Generation

Generator Farm (Belly Tank) Power Generation

(Belly Tank) Power Generation

Maintenance Schedule Kohler Generator Service Schedule

Interval

Fuel System

Weekly

R

Weekly

Main tank supply level

X

Weekly

Water in system, remove

D

D

Weekly

Filter(s)

D

Quarterly

Gasoline supply

R

Six Months

Yearly

Tank vents and return lines for obstructions

X

Yearly

Lubrication System

Weekly

D

Quarterly

Change oil

D

First 50 Hrs., Then Every 250 Hrs.

Replace filter(s)*

D

Cooling System

Radiator fan bolt torque (1500--2800REOZDC, 2500--2800REOZDB, and 3000/3250REOZD with unit-mounted radiator)

X

Initially 8 Hrs., Then Every 100 Hrs.

Air cleaner to room/enclosure

X

Weekly

Block heater operation

X

Weekly

Weekly

Weekly

Weekly

Monthly

Coolant temperature protection level

200 Hrs. or Six Months

Air ducts, louvers

X

X

Yearly

Coolant

D

Yearly

Heat exchanger

X

Yearly

Radiator exterior

X

Yearly

Water supply to heat exchanger

X

Yearly

Exhaust System

Drain condensate trap

X

Weekly

Weekly

Quarterly

Six Months

Excessive back pressure

Yearly

DC Electrical System

Monthly

Battery electrolyte level

X

Monthly

Battery specific gravity, charge state

Recharge after engine start

X

Monthly

X

Monthly

Quarterly

Tighten DC electrical connections

X

Six Months

D Follow procedures and frequencies indicated in the engine manufacturers maintenance manual. If not indicated, follow this service schedule. Some items may not apply to all generator sets. R Replace as necessary.

X Action

* Service more frequently if operated in dusty areas.

138 Section 3 Scheduled Maintenance

TP-6200 10/15

Service Schedule, continued

Interval

AC Electrical System

Weekly

Quarterly

Safety and alarm operation

X

Tighten control and power wiring connections

X

Yearly

X

Yearly

Voltage-sensing device/relay adjustment [

D

Engine and Mounting

Weekly

Monthly

Air cleaner service

Six Months

Choke, carburetor adjustment

D

Six Months

Governor oil (mechanical governor only)

D

Yearly

D

Yearly

Injector pump and injector flow rate, pressure, spray pattern

D

Valve clearance

D

3 Years or 500 Hrs.

Bolt torque

D

Remote Control System, etc.

X

Weekly

Remote control

Run generator set

Alternator

Weekly

X

Yearly

Yearly

X

Yearly

X

Yearly

Measure and record resistance readings of windings with insulation tester (Meggerr, with SCR assembly or rectifier disconnected)

D

2 Years or 300 Hrs.

General Condition of Equipment

X

Weekly

Weekly

X

Weekly

D Follow procedures and frequencies indicated in the engine manufacturers maintenance manual. If not indicated, follow this service schedule. Some items may not apply to all generator sets.

R Replace as necessary.

X Action.

* Service more frequently if operated in dusty areas.

[ Do not break manufacturers seals or internally inspect these devices.

Meggerr is a registered trademark of Biddle Instruments.

Kohler Generator Weekly Maintenance

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall supply all equipment, tools, supplies, and labor necessary to provide preventive maintenance, service, service inspections, and load bank testing of Twenty-One (17) emergency diesel generators located throughout the Martinsburg VA Medical Center campus and. All generator information and locations are listed in attachment “A”.

Contract Period: Base POP Begin: 04-01-2019 POP End: 03-31-2020

Contractor shall supply all equipment, tools, supplies, and labor necessary to provide preventive maintenance, service, service inspections, and load bank testing of Twenty-One (17) emergency diesel generators located throughout the Martinsburg VA Medical Center campus and. All generator information and locations are listed in attachment “A”.

Contract Period: Option 1 POP Begin: 04-01-2020 POP End: 03-31-2021

Contractor shall supply all equipment, tools, supplies, and labor necessary to provide preventive maintenance, service, service inspections, and load bank testing of Twenty-One (17) emergency diesel generators located throughout the Martinsburg VA Medical Center campus and. All generator information and locations are listed in attachment “A”.

Contract Period: Option 2 POP Begin: 04-01-2021 POP End: 03-31-2022

Contractor shall supply all equipment, tools, supplies, and labor necessary to provide preventive maintenance, service, service inspections, and load bank testing of Twenty-One (17) emergency diesel generators located throughout the Martinsburg VA Medical Center campus and. All generator information and locations are listed in attachment “A”.

Contract Period: Option 3 POP Begin: 04-01-2022 POP End: 03-31-2023

Contractor shall supply all equipment, tools, supplies, and labor necessary to provide preventive maintenance, service, service inspections, and load bank testing of Twenty-One (17) emergency diesel generators located throughout the Martinsburg VA Medical Center campus and. All generator information and locations are listed in attachment “A”.

Contract Period: Option 4 POP Begin: 04-01-2023 POP End: 03-31-2024

SECTION C - CONTRACT CLAUSES

C.1 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause)

C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause) (End of Clause) C.3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

(a) Definitions. As used in this clause— "Postconsumer fiber" means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause)

C.4 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

C.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause)

C.6 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. As used in this provision— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via—

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

C.7 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

C.8 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of Provision)

C.9 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…