36C24521Q0181.docx

36C24521Q0181

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

512-21-1-641-0031 36C24521Q0181 02-2 -2021 Keysha Gorman 410-637-1509 03-04-2021 8am

EST

Department of Veterans Affairs

VAMC

10 N Greene St Baltimore MD 21201 X x Y 811310 $8 Million N/A X Department of Veterans Affairs

VAMC(

512) Warehouse 10 N Greene St Baltimore MD 21201 Department of Veterans Affairs

VAMC

10 N Greene St Baltimore MD 21201

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 procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS

Preventive maintenance, inspection and service calls on all 24 diesel generators located at the Perry Point Location.

See SOW for a detail description of services.

Period of Performance:

Base: 4/1/2021-3/31/22 Option Year 1: 4/1/2022-3/31/23 Option Year 2: 4/1/2023-3/31/24 Option Year 3: 4/1/2024-3/31/25 Option Year 4: 4/1/2025-3/31/26 Submit all questions and quotes to Keysha.Gorman74@va.gov Questions due 2/2 /2021 @ 10:00 A M Quotes due on 3/4/2021 at 8:00 AM Email Keysha.Gorman74@va.gov See CONTINUATION Page x X X Bradley Davis

VA-VHA-2020-8952A45B

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 36C245 Keysha Gorman Department of Veterans Affairs

VAMC

10 N Greene St Baltimore MD 21201

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

PROJECT TITLE: PM/ Load Bank Test for Generators and affiliated accessories

The Contractor, shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing Load Bank testing, preventive maintenance, inspection and service calls on all 24 diesel generators located at the Perry Point Veterans Affairs Medical Center, Maryland in accordance with all terms and conditions of this contract. This contract shall cover maintenance inspections and other service calls as required to keep the equipment functioning properly. All necessary preventive maintenance shall be performed in accordance with the manufacturers' schedule and recommendations. Any necessary repairs will be performed with minimal impact to hospital operations.

Contractor will provide labor, materials, and expertise to repair of all the generators located at Perry Point. The contractor will accomplish the tasks to include: 24 Generators of varied rating and sizes per Perry Point Generators listed in this contract.

Contractor will offer a planned preventative maintenance program to reduce the probability of operational failure and maximize equipment life expectancy. Plan will contain but not be limited to annual load bank testing, annual and semiannual inspections, changing of oil and filters and testing of oil and antifreeze. Awarded vendor will offer under this program periodic inspections and essential lubrication, adjustment, and repair or replacement of components as required. Vendor will use only personnel trained and experienced in diesel generators operating devices to perform work. This program will cover the diesel generators and associated operating equipment listed herein. (Attached)

Awarded Vendor will perform periodic inspections on all equipment listed and will provide a written report to the Perry Point VA Medical Center's Electric Shop Supervisor within 10 days of inspection.

Upon acceptance of this acceptance of contract the Awarded Vendor will render the services listed below to the listed equipment as follows:

Period of Performance:

Base: 4/1/2021-3/31/2022 Option Year 1: 4/1/2022- 3/31/2023 Option Year 2: 4/1/2023- 3/31/2024 Option Year 3: 4/1/2024- 3/31/2025 Option Year 4: 4/1/2025- 3/31/2026

All listed equipment will be given a 1st_ inspection during regular business hours within 30 days of contract signing. Any needed repairs will be reported to the Electric Shop Supervisor.

After 1st. inspection vendor will set up schedule for annul load bank testing which will be conducted under industrial standards. Load Bank testing must be complete by March of this year.

3. Load Bank testing will be performed on all generator equipment listed and must be completed by the end of March.

4. All Generators will have annual PM preformed on them as per industrial standard. However, all generators will have oil and fuel filters changed as well as oil changed annually. Air filters will be checked and replaced as needed.

Antifreeze will be service under industrial standards. These standards must be presented to the VA before contract is awarded.

Vendor must assure that all of its personnel performing services pursuant to this contract shall be trained for the services they perform and that all parts and materials installed pursuant hereto shall be new and suitable for the use intended. All employees of awarded vendor must have safety training and be up and certified on OSHA 10-hour training. One employee per team must have completed the 30-hour OSHA training.

Emergency Calls 24/7 with a 4-hour response time from notification.

Repair quotes shall be provided based on hourly rates provided but shall be awarded on a fixed price basis.

Awarded Vendor will clean, lubricate, calibrate, test and replace faulty or worn parts and/or parts which are likely to become faulty, fail or become worn, repair or adjust components, or assemblies of components as necessitated by wear, tear, damage, or failure of parts, returning the equipment and/or instrument to the operating condition defined in the manufacturer's specifications within a reasonable and time frames.

Any work the Contractor is required to accomplish due to unsatisfactory performance or nonperformance in accordance with the stated quality and level of effort specified in the contract terms. Rework will be performed at no additional cost to the Government.

The Contractor will contact the COR to schedule any service, testing or PM at least seven (7) calendar days prior to the proposed date. Schedule changes required by the Government, after approval, shall be made at no additional cost if notice is provided to the Contractor five (5) calendar days or more prior to the scheduled date of accomplishment.

C. EQUIPMENT COVERED

20 fixed Generator,4 mobile Generator per the Perry Point Generator list attached.

It will be inspected during regular business hours at least (2) time(s) each year while this agreement remains in effect. This contract does not include sales tax and environmental fee. These inspections will include:

· Spark plugs, ignition contact points, belts and condenser to be cleaned and adjusted or replaced when necessary. (Gas or gasoline fueled only. Contractor shall properly dispose of all used lubricants and used unserviceable parts.

· Timing to be checked and set when necessary.

· All fuel filters and sediment bowls to be cleaned or replaced as required.

· Check entire equipment for fuel, oil or coolant leaks.

· Check condition of batteries and report findings.

· Check air filter.

· Check coolant level and anti-freeze protection and change or top. Properly dispose of any fluids off station

· Check all hoses and belts for wear.

· Check automatic transfer switch for proper operation.

· Check all instruments for proper operation.

· Instruct proper personnel, if such personnel are available and present, on operating and upkeep procedures, between regular calls by Curtis Engine & Equipment, Inc. personnel.

· Simulate engine safeties for proper operation.

· After all the above, run generator set and conduct test (Under building load when practical).

· Pricing assumes generator is easily accessible from the service truck.

· Change oil and oil filters annually, oil analyzed before change.

· Diesel Fuel quality test analyzed in both main and day tanks annually.

· Provide test reports from an approved independent laboratory that meets NFPA 110,

· Chapter 8, using tests approved by ASTM standards. Laboratory’s credentials are to be provided with test results prior to scheduling Load Bank Testing.

· 4-hour load bank test, annually.

· All documented test results in this contract shall be provided in a compatible comprehensive electronic format useable by owner.

The cost of the following materials, along with labor and transportation to install will be included in the contract price:

· Misc. Lubricants

· Misc. Fasteners and parts

· Cleaning supplies

Provide a work ticket outlining services performed, and material used. This information will be delivered to the Electric Shop Supervisor or designated representative for prior approval and for inspection at the end of repair.

Personnel will have a minimum of 3 years' experience related to this work and provide 3 references.

Provide sufficient supplies, tools, and equipment to perform all requirements of this contract.

Document and make available to F&ES, all operational and technical documentation such as operational and schematics, and parts lists which are necessary to meet the performance requirements of this contract.

Personnel needing access to the Department of Veterans Affairs' facilities will comply with any and all security checks including, if needed fingerprinting, background checks, etc.

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 (0MB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

Establish and maintain a Quality Control Program that ensures that all requirements for the contract are provided as specified.

All maintenance inspections will include testing unit speeds and quality of performance, analysis of generator testing for proper electrical functions, tightening of all electrical and mechanical connections, necessary lubrication of mechanical parts and inspection and repair of accessories.

SERVICE CALLS to keep the equipment functioning properly will be performed as necessary upon request of the customer.

For Bidding purposes – include costs of (20) emergency service calls, (10) calls for after-hours/weekend service, and (10) calls for business hour emergency service Provide itemized cost per call in proposal Service call should be based on an 8 manhours of service Allow for $500 dollars of parts per service call, with no more than 15% mark-up on contractor cost of parts.

If the quantity of material costs or service calls are required during the duration of a contract year varies from this amount, the difference will be deducted or added to the contract as appropriate by the contracting officer

ALL INSPECTIONS and calls will include the repair or replacement of parts as necessary or as indicated by the maintenance procedures. A service inspection report will be filled by the servicing technician and a copy given to the Electric Shop Supervisor.

IN THE EVENT that improper equipment operation or safety hazard is found Vendor's representatives will bring it to the attention of and a definite recommendation made to the appropriate maintenance and/or management personnel.

Perry Point VAMC Electrical Supervisor Facilities and Engineering Service Building 18H Perry Point, Maryland 21902 Telephone: (410) 642-2411 extension 25145

Alternate POC Supervisory Facilities Engineer Facilities and Engineering Service Building 101 Perry Point, Maryland 21902 Telephone: (410) 642-2411 extension 25217

Perry Point Generator Inventory

23. Generator Bldg. 103(A) 277/480 280 KW 24 Generator BLDG. 103 (B) 277/480 280 KW

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The Contractor, shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing Load Bank testing, preventive maintenance, inspection and service calls on all 24 diesel generators.

Contract Period: Base POP Begin: 04-01-2021 POP End: 03-31-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Emergency Calls 24/7 with a 4-hour response time from notification. *Estimated 10 days per year and minimum charge of 4 hours per visit.

POP Begin: 04-01-2021 POP End: 03-31-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Repair of failure – Quotes shall be provided based on the hourly rates provided, but shall be awarded on a firm-fixed price bases.*Estimating 100 hours of repair per year for price evaluation purposes. During normal business hours. 7:00 AM to 4:30 PM

POP Begin: 04-01-2021 POP End: 03-31-2022 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

The Contractor, shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing Load Bank testing, preventive maintenance, inspection and service calls on all 24 diesel generators located at the Perry Point Veterans Affairs Medical Center, Maryland Contract Period: Option 1 POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Emergency Calls 24/7 with a 4-hour response time from notification. *Estimated 10 days per year and minimum charge of 4 hours per visit.

POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Repair of failure – Quotes shall be provided based on the hourly rates provided, but shall be awarded on a firm-fixed price bases.*Estimating 100 hours of repair per year for price evaluation purposes. During normal business hours. 7:00 AM to 4:30 PM

POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

The Contractor, shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing Load Bank testing, preventive maintenance, inspection and service calls on all 24 diesel generators located at the Perry Point Veterans Affairs Medical Center, Maryland Contract Period: Option 2 POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Emergency Calls 24/7 with a 4-hour response time from notification. *Estimated 10 days per year and minimum charge of 4 hours per visit.

POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Repair of failure – Quotes shall be provided based on the hourly rates provided, but shall be awarded on a firm-fixed price bases.*Estimating 100 hours of repair per year for price evaluation purposes. During normal business hours. 7:00 AM to 4:30 PM

POP Begin: 04-01-2023 POP End: 03-31-2024 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

The Contractor, shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing Load Bank testing, preventive maintenance, inspection and service calls on all 24 diesel generators located at the Perry Point Veterans Affairs Medical Center, Maryland Contract Period: Option 3 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Emergency Calls 24/7 with a 4-hour response time from notification. *Estimated 10 days per year and minimum charge of 4 hours per visit.

POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Repair of failure – Quotes shall be provided based on the hourly rates provided, but shall be awarded on a firm-fixed price bases.*Estimating 100 hours of repair per year for price evaluation purposes. During normal business hours. 7:00 AM to 4:30 PM

POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

The Contractor, shall provide all personnel, management, material, parts, equipment, supplies, labor and transportation in performing Load Bank testing, preventive maintenance, inspection and service calls on all 24 diesel generators located at the Perry Point Veterans Affairs Medical Center, Maryland Contract Period: Option 4 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Emergency Calls 24/7 with a 4-hour response time from notification. *Estimated 10 days per year and minimum charge of 4 hours per visit.

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

Repair of failure – Quotes shall be provided based on the hourly rates provided, but shall be awarded on a firm-fixed price bases.*Estimating 100 hours of repair per year for price evaluation purposes. During normal business hours. 7:00 AM to 4:30 PM

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J049 - Maintenance, Repair, and Rebuilding of Equipment - Maintenance and Repair Shop Equipment

36C24521Q0181

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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 contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 3/31/2026.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.4 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) ALTERNATE I (MAR 2020)

(a) Definition. See 13 CFR 126.103 for the definition of HUBZone.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

[ ] Offeror elects to waive the evaluation preference.

(d) Limitations on subcontracting. The Contractor shall spend—

(1) For services (except construction), at least 50 percent of the cost of personnel for contract performance on its own employees or employees of other HUBZone small business concerns;

(2) For supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, on the concern or other HUBZone small business concerns;

(3) For general construction, at least 15 percent of the cost of the contract performance to be incurred for personnel on its own employees; or

(4) For construction by special trade contractors, at least 25 percent of the cost of the contract performance to be incurred for personnel on its own employees.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of Clause) C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) ALTERNATE I (MAR 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b)…