36C24720Q0392-002.docx

36C24720Q0392

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

521-20-2-5125-0023 36C24720Q0392 04-01-2020

MARCUS WATTS

334-725-3166 04-07-2020

1:00 CST

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery

AL

36109-3798 X X 333618 1500 Employees N/A N/A X Department of Veteran Affairs Birmingham VA Medical Center 700 South, 19th Street Birmingham

AL

35233 Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee

AL

36083-5001

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

CONTRACTOR PROVIDES PREVENTATIVE MAINT FOR GENERATORS

LOCATED IN BIRMINGHAM VA MEDICAL CENTER.

THIS SOLICITATION IS SET ASIDE FOR SERVICE DISABLED VETERANS

OWNED SMALL BUSINESS(SDVOSB) ONLY!!

ALL SDVOSB'S NEED TO BE REGISTERED IN WWW.SAMS.GOV AND

HTTPS://WWW.VIP.VETBIZ.VA.GOV/.

SEE STATEMENT OF WORK.

POP: DATE OF AWARD THROUGH ONE CALENDAR YEAR WITH FOUR ONE-

YEAR OPTIONS FOR RENEWAL.

See CONTINUATION Page X X X Marcus Watts NCO 7, Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

Left Blank Intentionally

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 36C247 Department of Veterans Affairs Central Alabama Veterans Health Care

215 Perry Hill Road Montgomery AL 36109-3798

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

STATEMENT OF WORK (SOW)

A. GENERAL INFORMATION

1. Title of Project: Electrical Maintenance Contract

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. The Vendor shall provide all labor, materials, parts and transportation required to maintain and repair Government Owned Caterpillar Generators, ASCO Automatic Transfer Switches, Paralleling Gear, MV Gear (ASCO Controls Only), associated batteries (Paralleling and MV Gear) and must be CAT Certified. The Equipment is located at the Birmingham VA Medical Center, Birmingham AL 35233. Contractor shall provide preventive maintenance to keep equipment in optimum working conditions of both capacity and efficiency in accordance with terms conditions, provisions and specifications.

3. Background: Program will provide 3 operational inspections and 1 annual inspection during the 12-month period. The contract could be extended for five years based upon contractor performance. See equipment list and description of scope below for Electrical equipment and ASCO controls for the facility. Services also include operator workstation ASCO controls extended architecture software upgrades. Preventive Maintenance Inspections shall be performed at a time and date mutually agreed upon between the contractor and the BVAMC. Any changes to this schedule must receive prior approval from the COR.

4. Period of Performance: Based on Date of Award, with four option years on Firm-Fixed-Price contract. The contractor shall begin the work required under this SOW in 45 days or less from the date of award, unless otherwise directed by the Contracting Officer (CO).

5. Type of Contract: Firm-Fixed-Price.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kick off meeting or has advised the contractor that a kick off meeting is waived.

C. GENERAL REQUIREMENTS

1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, and along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within ___ calendar days from the date of receipt. The contractor shall have ___ calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW. After completion of each service, contractor shall provide a written maintenance report of work performed, corrective actions, and maintenance recommendations.

Task One: The contractor shall provide a detailed work plan and briefing for the VA project team, which presents the contractor's plan for completing the task order. The contractor's plan shall be responsive with this SOW and describe, in further detail, the approach to be used for each aspect of the task order as defined in the technical proposal.

Equipment: 2250 KW Gens (Qty 2) & 700 KW Gen (Qty. 1):

Fuel System:

· Check fuel level in tank notifying customer

· Check operation of fuel level circuits

· Change fuel filters

· Check day tank operation

· Check Governor operation

· Obtain fuel sample for ASTM analysis and supply report for UST and day tanks

· Veeder root inspection and maintenance to ensure proper operation Lubricating System:

· Inspect for proper oil level

· Inspect unit for oil leaks

· Change Lube Oil and Filters

· Obtain oil sample for analysis and supply report

Cooling System:

· Inspect coolant level and degree of protection

· Inspect hoses and drive belts

· Inspect radiator for obstruction

· Verify proper operation of water jacket heater

· Visual inspect for leaks

· Lubricate fan drive as needed

· Obtain coolant sample for analysis and supply report Exhaust System:

· Inspect condition of exhaust

· Inspect rain cap Air Intake System:

· Inspect air inlet

· Inspect air cleaner

· Inspect air service indicator, engine running

· Inspect Turbocharger for bearing wear Control System:

· Inspect operation of meters and gauges

· Inspect shutdown and pre-alarms

· Inspect annunciator panel operation Engine Electrical:

· Clean batteries and cables

· Add distilled water and check gravity

· Inspect operation of charger

· Check starter operation Generator:

· Inspect operation of circuit breaker

· Inspect intake and exhaust areas

· Compare voltage to normal line

· Check slip rings and brushes (if applicable)

· Inspect bearing and advise if grease is needed General:

· Inspect unit for unusual vibration

· Inspect connections

· Run generator under load where practical

· Record all readings and present reports

· Notify of required repairs if any

· Verify TJC Compliance with regard to building load levels

· Document verification on ATS amp load sheet

Note: Verify selector switch in automatic, battery charger on, circuit breaker closed.

Minor PM (Less Lube Oil and Filter Change and Fluid Analysis) Equipment: Automatic Transfer Switches (Qty. 6) General:

· Record Voltage Readings Utility (Line to Line/Line to Ground)

· Record Voltage Readings Emergency

· Check Phase Rotation (Normal and Emergency)

· Record Load Readings on each phase and neutral

· Vacuum Enclosure

· Review notes/recommendations with customer Mechanical:

· Remove Arc Barriers

· Lubricate Operating Coil Plunger

· Lubricate all pivot points

· Inspect/Clean Main Contacts (Adjust if needed)

· Inspect/Clean Arcing Contacts (Adjust if needed)

· Check TS contact adjustment/Adjust if needed

· Verify proper operation of Auxiliary contacts

· Check Power Cable connections

· Re-Install Arc Barriers

· Manually operate ATS checking for binding Electrical:

· Check control wire connections

· Check rectifiers

· Verify/Record following Time Delay settings:

· Engine Start

· Elevator Pre-signal

· Transfer to Emergency

· Open Transition

· Re-transfer to Normal

· Engine Stop

· Verify/Record following pick up and drop out settings:

· Normal Voltage and Frequency Pick up

· Normal Voltage and Frequency Drop out

· Emergency Voltage and Frequency Pick up

· Emergency Voltage and Frequency Drop out

· Check test switch

· Verify proper operation of all indicator lamps

· Check operation of in-phase monitor

· Verify proper operation of all optional accessories

· Operate ATS electrically

· Take infrared pictures of transfer switch to insure there are no hot spots.

Generator Paralleling Gear – Qty (1) Batteries – (MV Gear, Paralleling Gear,6 – Substations)

Task Two: Due to patient sensitivity and patient care issue some work areas may only be accessed after normal business hours. The Vendor will be required to work after clinic hours, generally between 4pm and 12am. It is estimated that 30 – 50% of the work will have to be done after normal business hours.

Task Three: The Vendor is responsible for the removal of debris, waste, and replacement of all structures damaged during the installation of new work.

E. SCHEDULE FOR DELIVERABLES

1. The contractor shall complete the Delivery Date column in Attachment A for each deliverable specified.

2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed.

This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

F. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

G. REPORTING REQUIREMENTS

1. The contractor shall provide the PM/TM with monthly [frequency determined by project’s duration] written progress reports (original plus 2 copies). These are due to the PM/TM by the second workday following the end of each calendar month, throughout the project's duration. The PM/TM is required to provide monthly progress reports to the Contracting Officer Representative (COR) by the fifth workday of the new calendar month.

2. The progress report shall cover all work completed during the preceding month and shall present the work to be accomplished during the subsequent month. This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation.

H. SERVICE REPORTS

1. Repairs or services shall be performed during normal working hours unless prior arrangements have been made. The Contractor’s repairman shall report in person to the area where equipment is located. Upon completion of work the COR or designated employees must be contacted to inspect the work and to provide an authorized signature on the contractor’s service report. At a minimum this report must contain the following:

· Detailed description of any services or repairs performed on equipment

· Listing of replacement part numbers and their cost when applicable

· Date and total hours of service

· Safety check and performance data

· Identification of equipment serviced

· Service performed and

· Total man-hours expended.

2. For repairs or service completed outside of normal working hours the contractor shall contact the on-duty supervisor of the service responsible for the equipment. The service technician and unit supervisor shall sign the service report. The record of this report must be filed in the designated department service maintenance log book. A copy of the service report must also be delivered to the COR. A final signature shall be withheld on any invoice that does not contain a service report to verify that the work was performed in a satisfactory manner and signed off correctly. All reports must be legible.

I. SCHEDULED PREVENTATIVE MAINTENANCE INSPECTIONS/SERVICE

1. Preventive maintenance shall be performed during normal clinic’s operating hours Monday through Friday 7:30 am to 4:00 pm, with the exception of National Holidays. However, some work will be required to be performed after hours. Continuous of work outside of normal working hours shall require approval by the COR. The Contractor shall contact the COR to arrange for all service on station.

2. All scheduled Preventive Maintenance Inspections must be completed within one (1) working day. Extensions beyond one (1) working day require the approval of the COR. For scheduled maintenance, parts and supplies shall be on site at the start of the service call and all work must be completed within one (1) working day.

J. CONTRACTOR EXPERIENCE REQUIREMENTS

The government will determine on a stated requirements (SR) basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated.

If a key person becomes unavailable to complete the SR, the proposed Substitutions of key personnel shall be made only as approved directed by the Contracting Officer and the COR. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein. The contractor shall submit a resume of qualifications for the COR and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, HES/HIS reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the TLO. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills:

The contractor must notify VHA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor must inform the VHA COR and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five (5) workdays of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

· The contractor must inform the VHA COR and Project Manager/Task Manager when personnel are removed from the contract for any reason.

· If a key person becomes unavailable to complete the SR, proposed Substitutions of key personnel shall be made only if approved by the COR and Project Manager.

· The contractor shall submit a resume of qualifications to the COR for all direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty.

K. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

L. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS[footnoteRef:0] [0: ]

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

1. Vendor’s employees shall not enter the project site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site.

2. No photography of VA premises is allowed without written permission of the Contracting Officer.

3. VA reserves the right to close down or shut down the project site and order Vendor’s employees off the premises in the event of a national emergency. The Vendor may return to the site only with the written approval of the Contracting Officer.

4. Government Responsibilities

a. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor, or to the contractor’s employees, after receiving a list of names and addresses.

b. Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

c. The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB.

d. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.

5. PROCEDURES FOR ACCESS: Access requirements to VA information systems by contractors and contractor personnel shall meet or exceed those requirements established for personnel as described in VHA directives. A written and signed request for user access by VHA management, or designee(s), constitutes management approval (sponsorship) to initiate a request for access to any sensitive automated information system. Access shall be granted to non-VA users only if the purpose for access meets criteria of the Privacy Act and VA Confidentiality Regulations and Transfer.

1.1 Contractor's personnel shall be required to sign-in before starting work under this contract and abide by the VA Computer Access Security Agreement and Confidentiality Agreement.

1.2. In the performance of official duties, the contractor's personnel may regular access to printed and electronic files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, HIPAA and other applicable Federal laws and regulations. The employee is responsible for (1) protecting that information from unauthorized release or from loss, alternation or unauthorized deletion, and (2) following applicable regulations and instructions regarding access to computerized files, release of access codes, etc. as set out in a computer access agreement which the employee signs.

M. OPERATIONS AND STORAGE AREAS

The Vendor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Vendor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Vendor's performance. In general, the is no storage space available for the Vendor’s use. The Vendor should plan to remove all equipment, tools, and materials or a daily basis.

N. INFECTION PREVENTION MEASURES: Implement the requirements of VAMC’s Infection Control Risk Assessment (ICRA) team. ICRA Group may monitor dust in the vicinity of the installation work and require the Vendor to take corrective action immediately if the safe levels are exceeded. In general, following preventive measures shall be adopted during installation to keep down dust and prevent mold.

1. Dampen debris to keep down dust and provide temporary installation partitions in existing structures where directed by Resident Engineer. Blank-off ducts and diffusers to prevent circulation of dust into occupied areas during installation.

2. Do not perform dust producing tasks within occupied areas without the approval of the Resident Engineer. For installation in any areas that will remain jointly occupied by the medical Center and Vendor’s workers, the Vendor shall:

a. Provide dust proof temporary barriers to completely separate installation from the operational areas of the hospital in order to contain dirt debris and dust. Barriers shall be sealed and made presentable on hospital occupied side.

b. Adhesive Walk-off/Carpet Walk-off Mats, minimum 600mm x 900mm (24” x 36”), shall be used at all interior transitions from the installation area to occupied medical center area. These mats shall be changed as often as required to maintain clean work areas directly outside installation area at all times.

c. Vacuum and wet mop all transition areas from installation to the occupied medical center at the end of each workday. Vacuum shall utilize HEPA filtration. Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the installation area in containers with tightly fitting lids.

d. At completion, remove barriers and ceiling protection carefully, outside of normal work hours. Vacuum and clean all surfaces free of dust after the removal.

4. Final Cleanup:

a. Upon completion of installation, remove all debris.

b. Perform HEPA vacuum cleaning of all surfaces in the installation area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.

c. All air ducts shall be cleaned prior to final inspection.

O. RECORDS MANAGEMENT PROCEDURES: The following Record Management procedures needs to be adhered to:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

1. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

1. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

1. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

1. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

1. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

1. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

1. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

1. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

1. The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

1. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

1. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

CAT 3516-QUARTERLY GENERATOR INSPECTIONS

Contract Period: Base POP Begin: 04-14-2020 POP End: 04-13-2021

CAT 3516- ANNUAL PM WITH OIL CHANGE

CAT 3516- VALVE ADJUSTMENT

CAT 3516- ENGINE AND STATION BATTERY

CAT 700KW -QUARTERLY INSPECTIONS

CAT 700KW - ANNUAL PM WITH OIL CHANGE

CAT 700KW-VALVE ADJUSTMENT

CAT 700KW- ENGINE AND STATION BATTERY

TRANSFER SWITCH PM

FUEL TEST

CAT 3516-QUARTERLY GENERATOR INSPECTIONS

Contract Period: Option 1 POP Begin: 04-14-2021 POP End: 04-13-2022

CAT 3516- ANNUAL PM WITH OIL CHANGE

CAT 3516- VALVE ADJUSTMENT

CAT 3516- ENGINE AND STATION BATTERY

CAT 700KW -QUARTERLY INSPECTIONS

CAT 700KW - ANNUAL PM WITH OIL CHANGE

CAT 700KW-VALVE ADJUSTMENT

CAT 700KW- ENGINE AND STATION BATTERY

TRANSFER SWITCH PM

FUEL TEST

CAT 3516-QUARTERLY GENERATOR INSPECTIONS

Contract Period: Option 2 POP Begin: 04-14-2022 POP End: 04-13-2023

CAT 3516- ANNUAL PM WITH OIL CHANGE

CAT 3516- VALVE ADJUSTMENT

CAT 3516- ENGINE AND STATION BATTERY

CAT 700KW -QUARTERLY INSPECTIONS

CAT 700KW - ANNUAL PM WITH OIL CHANGE

CAT 700KW-VALVE ADJUSTMENT

CAT 700KW- ENGINE AND STATION BATTERY

TRANSFER SWITCH PM

FUEL TEST

CAT 3516-QUARTERLY GENERATOR INSPECTIONS

Contract Period: Option 3 POP Begin: 04-14-2023 POP End: 04-13-2024

CAT 3516- ANNUAL PM WITH OIL CHANGE

CAT 3516- VALVE ADJUSTMENT

CAT 3516- ENGINE AND STATION BATTERY

CAT 700KW -QUARTERLY INSPECTIONS

CAT 700KW - ANNUAL PM WITH OIL CHANGE

CAT 700KW-VALVE ADJUSTMENT

CAT 700KW- ENGINE AND STATION BATTERY

TRANSFER SWITCH PM

FUEL TEST

CAT 3516-QUARTERLY GENERATOR INSPECTIONS

Contract Period: Option 4 POP Begin: 04-14-2024 POP End: 04-13-2025

CAT 3516- ANNUAL PM WITH OIL CHANGE

CAT 3516- VALVE ADJUSTMENT

CAT 3516- ENGINE AND STATION BATTERY

CAT 700KW -QUARTERLY INSPECTIONS

CAT 700KW - ANNUAL PM WITH OIL CHANGE

CAT 700KW-VALVE ADJUSTMENT

CAT 700KW- ENGINE AND STATION BATTERY

TRANSFER SWITCH PM

FUEL TEST

B.3 DELIVERY SCHEDULE

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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.