36C24723Q0865.docx

36C24723Q0715

GENERAL INFORMATION

VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

POINT OF CONTACT*

Contract Specialist Steven Timmons steven.timmons@va.gov (77)0 279-3403

PLACE OF PERFORMANCE

1 Freedom Way

Augusta GA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06/05-26-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238990 with a small business size standard of $19M.

The Network Contracting Office 7 is seeking PM Service for an Emergency Power Generator at the Charlie Norwood Veterans Affairs (VA) Medical Center in Augusta, Georgia.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to steven.timmons@va .gov. Questions must be received no later than July 18, 2023 at 12:00 PM ET. No further questions will be accepted after that date and time.

You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer (CO).

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

509-23-4-5102-0283 36C24723Q0865 07-08-2023 Steven Timmons

(706) 733-0188 27808 07-24-2023 1:00pm

EDT

Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901 X X 238990 $19 Million N/A X Charlie Norwood VAMC 1 Freedom Way Augusta GA 30904 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page See SOW & section B.2 for items See CONTINUATION Page X X X Quentin Deloney Page 1 of 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 36C247 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

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.

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

STATEMENT OF WORK

1. SCOPE OF WORK:

The intent of this Request for Quotation is to establish a contract to furnish F.O.B. destination labor, material, parts, equipment, manuals, and schematic drawings necessary to perform preventive maintenance service, emergency repair work, load bank testing, and performance evaluations on seven (7) Emergency Generators and one (1) Portable Generator, located at the Uptown VA Medical Center, 1 Freedom Way, Augusta, GA 30904 and four (4) Emergency Generators and one (1) Fire Pump, located at the Downtown VA Medical Center, 950 15th Street, Augusta, GA 30901. The equipment shall be maintained in optimum operating condition and meet manufacturer's specification for operation and performance. All work shall be performed in accordance with the terms and conditions contained herein. Contract period shall be for one (1) year from the effective date of award with four option periods.

Furnish all supervision, labor, equipment, and materials (see A.5.4 for quality of parts) necessary to provide annual preventive maintenance inspection and unlimited emergency repair service on all equipment (see A.6, Equipment Schedule) in accordance with all the terms, conditions, provisions, specifications, and schedule of this solicitation

a. Location(s):

Charlie Norwood, Uptown Division, 1 Freedom Way, Augusta, GA 30904 Charlie Norwood, Downtown Division, 950 15th St., Augusta, GA 30901

b. Inspection Schedule:

Charlie Norwood, Uptown and Downtown Division Annual P.M. Inspection and Load Bank Testing – January ** Semi-Annual P.M. Inspection – July Fire Pump Annual P.M. Inspection – January ** Fire Pump Semi-Annual P.M. Inspection – July

** The Annual P.M. inspection will be made during the month of January for the Uptown. OY2 contractor shall change coolant in eight (8) generator UD and four (4) generator DD in addition the diesel fire pump.

Division and Downtown Division. During the P.M. visit, the contractor shall change crankcase oil and filter (15W40 or 30W per manufacturer specifications)/oil level during Level I per NFPA 110*

c. Period of Performance:

2. TYPE OF CONTRACT:

The VA Medical Center (VACM) will award a firm fixed price contract pursuant to this solicitation.

3. VISITS BY CONTRACTOR:

a. Downtown Division: Contractor (or representative) shall sign in upon arrival at the Engineering Department, Building 801, Room 1B173, telephone (706) 733-0188 ext. 31755. Contractor shall also sign out upon departure and present service ticket for all work performed. Failure to follow these procedures may result in delay of payment or nonpayment.

b. Uptown Division: Contractor (or representative) shall sign in upon arrival at the Engineering Department Building 110, Room GB175, telephone (706) 733-0188 ext. 27812/27811. Contractor shall also sign out upon departure and present service ticket for all work performed. Failure to follow these procedures may result in delay of payment or nonpayment.

4. PREVENTIVE MAINTENANCE (P.M.):

a. All PM. service shall be performed during normal VA working hours of 7:00 a.m. to 3:30p.m. (deviations must be approved in advance by Contracting Officer Representative).

b. The annual P.M. inspection will be made during the month of June for the Uptown Division and September for the Downtown Division. During the P.M. visit, the contractor shall change crankcase oil and filter (15W40 or 30W per manufacturer specifications)/oil level during Level I per NFPA 110*

c. Check operation of auto lube makeup systems/fill tanks to proper levels/check calibration of regulators. *

d. Change fuel filters and day tank fuel/water separators. On all generators, test supplementary coolant additives (DCA) for proper concentration levels and adjust as needed. *

e. Change coolant filters where applicable. Test antifreeze protection and adjust to -35F. * Coolant will be tested each year and adjusted as needed. Contractor will replace coolant on all Gensets in accordance with manufacturers specifications and use extended life coolant. This coolant is of the lifetime type and will never be replaced/only tested and adjusted.

f. Take oil samples and provide lab reports. Take fuel samples on all main storage tanks/provide lab reports. Add fuel treatment to fuel tank (needed to stabilize fuel).

g. Load test batteries annually will consist of five (5) successive cranking of engines to establish battery capacity after each crank. Information for the test is to be used to show trending in battery capacity. If battery capacity falls below established level, replacement shall take place with CCA (NI-CAD Type). *

h. Test each cell for proper voltage. *

i. Add distilled water to cells as needed. *

j. Adjust battery charger-float and equalizer rates. * Annually change 9-volt batteries on generator exciters.

k. Check fuel tank for water and advise V.A.* Check Day tank operation. *

l. Check block heaters operation. *

m. Check generator, inspect windings and rear bearing.

n. Exercise brushes and clean slip rings (EG1 & 2 only). Check all safeties and calibrate over speed.

o. Test under/over voltage, under/over frequency, reverse power, remote start circuit, and breaker trip circuit (EG1 & 2 only). Check remote annunciator operation and Genset panel and replace any burned out lamps. *

p. Hook up dummy load bank to test at full load on all generators for 4 hours at the Uptown Division and 4 hours at the Downtown Division.

q. Take readings and forward to Engineering Department (EG1& 2, LSG). During load testing check operation of all instrumentation, meters, load sharing controls (Woodward electronic load sharing and speed controls, synchronizer will be tested and calibrated on EG1 & EG2 only).

r. Test paralleling gear operation with random access controls (EG1 & EG2). Calibrate all meters (AC). Provide written report of load testing. Check unit for oil, coolant, fuel leaks. *

s. Adjust/inspect belts/grease bearing blocks where applicable. *

t. Inspect air filter and replace if necessary. Test charging alternator on engine/output. *

u. Inspect, test, adjust associated controls involving the LSS breaker for correct backup by EG-l and EG-2 in a no start condition of LSG. Vacuum out control panel, clean area around generator; and leave in auto mode. *

v. Ensure correct operation of roof mounted radiator or life support generator in Bldg. 801. In addition, conduct performance test to ensure correct operation.

Note: All items marked with (*) are Service Level I per NFPA 110.

w. Two (2) copies of the P.M. procedures used to perform work under this contract are required to be submitted to the Chief Engineering Department (138), through the Contracting Officer within ten (10) days of contract issue. Failure to provide these procedures may result in delay of payment or nonpayment.

x. The contractor shall notify Engineering Department, at the above numbers, fourteen (14) calendar days in advance to confirm that the equipment can be serviced at a time that is agreeable to the VA and the contractor.

5. EMERGENCY SERVICE:

b. Emergency repair service to be available on site, when necessary, Monday through Friday during normal business hours, 7:00 A.M. to 3:30 P.M. with a response time for emergencies within four (4) hours after the initial call placed by the COR.

c. The Contractor shall maintain and operate a telephone emergency assistance number, available 24hrs/day. The telephone response time for the Contractor, after the initial call, shall be one (1) hour, to assist operator/technician identify and solve operational problems.

d. The Contractor's service personnel shall respond within one (1) hour to telephone request or emergency service to determine the scope of the problem and make recommendations including scheduling for on-site repairs, should it be determined that on-site repairs are required, the Contractor, must arrive the same working day to start repairs when the initial call is made before noon, if the Contractor is initially contacted after 12 noon, then the Contractor must make every effort to arrive during the same day, or no later than start of the next working day. The Contractor will contact or be contacted by the Facility Management Service Line (13) at telephone (706) 733.0188 ext. 31755 DD / 27808 UD, to arrange for all services, in addition to signing in, the contracting personnel will identify himself to Engineering COR, M&O Supervisor or an Electrician before proceeding to the job site.

6. PARTS:

a. The contractor shall maintain a sufficient stock of all parts meeting or exceeding the original manufacturer’s design and specifications needed for repair and maintenance of the equipment or be able to secure needed parts within one calendar day. The VA reserves the right to inspect the contractor's facility to confirm parts availability.

b. A factory trained service representative or service technician shall perform preventive maintenance. These service individuals must be factory-trained on all items/equipment listed in schedule. Documentation shall be provided to the Contracting Officer with the bid certifying that the service representative or service technician bas been trained and certified in the performance of this work by the equipment manufacturer. Subcontractors will not be used under this contract.

7. CONTRACTOR VISITS:

a. Downtown Division: Contractor (or representative) shall sign in upon arrival at the Engineering Department, Building801, and Room 1B173, telephone (706) 823-2230. Contractor shall also sign out upon departure and present service ticket for all work performed. Failure to follow these procedures may result in delay of payment or nonpayment.

b. Uptown Division: Contractor (or representative) shall sign in upon arrival at the Engineering Department, Building110, GB175, telephone (706) 733-0188 X7812/7811. Contractor shall also sign out upon departure and present service ticket for all work performed. Failure to follow these procedures may result in delay of payment or nonpayment.

8. EQUIPMENT COVERED UNDER THIS CONTRACT:

a. Charlie Norwood, UPTOWN DIVISION, 1 Freedom Way, Augusta, GA 30904

· Emergency Generator, Genset #1, Caterpillar – Model 600 LC 7, SN CAT00C18JTS401026, Building 110

· Emergency Generator, Genset #2, Caterpillar – Model 600 LC 7, SN CAT00C18JTS401025, Building 110

· Emergency Generator, Genset #1, Caterpillar – Model C32, SN PRH08630, Building 81

· Emergency Generator, Genset #2, Caterpillar – Model C32, SN PRH08665, Building 81

· Emergency Generator, Genset #3, Caterpillar – Model C32, SN PRH08666, Building 81

· Emergency Generator, Genset, Caterpillar – Model C15, SN CAT00C15IT3301038, Building 82

· Portable Generator 40kw, MQ Portable – Model 4JJ1X, SN 7351278, Building 35

· Emergency Generator, Genset, Generac – Model QT08054GNAX, SN 3000656397, Building 119 Fisher House

b. Charlie Norwood, DOWNTOWN DIVISION, 950 15th St., Augusta, GA 30901

· Emergency Generator, EG- 1, Caterpillar - Model C32, SN CAT00C32KJSJ04461, Building 802

· Emergency Generator, EG-2, Caterpillar - Model C32, SN JSJ04462, Building 802

· Life Support Generator, LSG, Caterpillar - Model C18 D55GC, SN JSJ3700100, Building 801

· Parking Deck Generator, Caterpillar - Model D200-2, SN CAT00C71CWG300821, Building 804

· Fire Pump, Cummins, Model N855F, SN 10795179, Building 802

9. MAINTENANCEAND REPAIR SPECIFICATIONS:

a. For each system identified herein the Contractor will perform at a minimum those services as determined necessary by Engineering.

b. The equipment manufacturers recommended service and preventive maintenance procedures and schedules.

c. Performance verification will be required at the conclusion of every preventive maintenance and emergency repair event. This verification procedure may include performance testing for accuracy and precision of the generator sets and tire pump. If any procedures were performed that would in any way affect the calibration status of the equipment, the results of performance testing must conform to established performance criteria for the equipment.

d. Preventive maintenance schedule (PMI) shall be on semi-annual basis. PMI visits must not be less than 180days apart.

e. Each maintenance or emergency repair event will include inspection for internal and/or external causes of medical and electronic or component problems) including:

(1) Wear, misalignment, maladjustment, damage, or other malfunctions with respect to the manufacturer specifications.

(2) Inspection for electrical safety and fire hazards.

(3) Cleaning and lubrication of equipment as required.

(4) Repair or replacement of all defective components necessary to conform to instrument specifications.

(5) Calibration or standardization of instrument required.

(6) Testing for proper operation of entire system and subsections.

(7) Document proper function and performance of instrument.

10. AVAILABILITY OF REPAIR EQUIPMENT, SPARE PARTS, AND SUPPLIES

a. Contractor will have necessary equipment, parts, and supplies on site within eight (8) hours after initial emergency service call is placed. For scheduled maintenance service, the Contractor must have all necessary equipment, parts, and supplies on site at the start of the service call.

b. Any operating supplies necessary to perform service or repairs will be provided by the Contractor at no cost to the Government. Should the Contractor need to use Government

c. Materials to effect emergency repairs, these materials will be recorded to the field service report and replaced without cost within thirty (30) days from completion of the service call.

d. Only new standard parts or reconditioned parts shall be furnished by the Contractor in effecting repairs. The Contractor will install parts supplied by the Contractor, or in exceptional cases, by the COR and M&O Supervisor and the Chief Engineer.

e. Parts that must be replaced for maintenance objectives and emergency repairs shall carry standard commercial warranties of ninety (90) days. Likewise, the repair work itself will carry at least ninety- (90) day's warranty.

f. Part number as shown on the schematics/parts list will identify all the parts replaced. Actual cost of parts will be placed on service report but will be billed as a no charge item on Contractor's invoice. All parts rep1aced, shall be new/exchange replacement parts, as suggested by the original manufacturer.

g. The contractor shall maintain a sufficient stock of all parts meeting or exceeding the original manufacturer's design and specification needed for repair and maintenance of the equipment or be able to secure needed parts within one (1) calendar day. VA Medical Center reserves the right to inspect the contractor's facility to confirm the parts are loca11y available.

11. PERFORMANCE SPECIFICATIONS:

a. If performance does not conform to the contract specification, the Government will require the Contractor to perform the service again to conform to contract specifications, at no increase in the contract cost. When the defects in service cannot be corrected by re-performance, the Government may:

(1) Require the Contractor to call in a certified technical expert on the listed instrument.

(2) Specifically require the Contractor to call in a senior technical engineer from the manufacturer.

b. Repeated malfunctions of any systems component or subsection for more than five times within one month will not be tolerated. The Contractor is responsible for repairing all faulty equipment and identifying the nature and cause if repeated failures. The Contractor in this situation must either:

(1) Make repairs such that the identified problems are corrected to the extent that repeated failures are eliminated.

(2) Prove that the equipment is not faulty and that an external cause for the problem exists with recommendations for resolution.

12. SERVICE REPORTS:

a. After each service-call, a service report containing the following information shall be provided:

(1) Date and total hours of service.

(2) Parts installed (part # and part costs).

(3) Safety checks.

(4) Performance data.

(5) Service comments or remarks.

b. This service report shall be signed by the serviceman and unit supervisor, a record of this report must be filed in the designed department service maintenance logbook. A copy of the service report must be delivered to COR and Maintenance and Operations Supervisors(M&O).

c. A final signature will be withheld on any invoice where there is no service report to verify that the work was performed in a satisfactory manner and signed off correctly. All reports must be legible. Electronic delivery of service records via fax or email may be used as an alternative.

13. PERIODIC INSPECTIONS:

The Government will request an unrelated third party to inspect the quality of service of the Contractor. Any faults or omissions discovered by the inspection will be repaired or otherwise corrected at the Contractor's own expense.

14. BADGES/PARKING/SMOKING/ VA REGULATIONS:

The Contractor's personnel shall wear visible identification (I.D.) while on the premises of the VAMC. It is the responsibility of the Contractors to appropriate designated parking areas; information on parking is available from the VA Police Section. The Government will not invalidate or make reimbursement for parking violations of the Contractor under any condition. Smoking is prohibited inside any Government bui1ding. Designated areas are provided on the medical center's grounds. Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of Government regulations may result in citations answerable in the United States (Federal) District Court. Any cellular phones carried by the Contractor must be turned off when entering Government grounds.

15. SAFETY STANDARDS:

The Contractor shall perform electrical safety measurements on all equipment under this contract after all work has been completed for each visit. The standards to be used are those of tile Veterans Affairs, D&S Supplement, MP-3, “Supplement to VA Engineering", Chapter 2, Appendix 2C, Change 4, November 4,1983, "Leakage Current Limits”. The VA Biomedical Engineering Section upon request will provide a copy of these standards. These standards are strictly enforced. Any equipment not meeting minimum standards shall be considered "Inoperable" until such time as it "Passes" the minimum standards. All equipment will be subject to inspection by VA Biomedical Engineering personnel to verify compliance with these standards.

16. SERVICE CONTRACTS:

Contractor shall show in the space below the name, location, and telephone number of the office where service calls are to be placed:

NAME:

ADDRESS:

TELEPHONE:

17. PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A-

INFORMATION SECURITY AND PRIVACY CHECKLIST:

· “The C&A requirements do not apply, and a Security Accreditation Package is not required.”

· Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

· There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services

18. INVOICES:

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10.

b. A properly prepared invoice will contain:

Invoice Number and Date Contractor’s Name and Address Accurate Purchase Order Number Supply or Service provided Total amount due

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Perform Annual Service Maintenance of Emergency Power Generating Equipment Located at the Uptown Division. (See Statement of Work) Contract Period: Base POP Begin: 09-24-2023 POP End: 09-23-2024

Semi-Annual Maintenance/Service of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Uptown Division. (See Statement of Work)

Provide Emergency Repair Service (Minor to Moderate in Nature) for equipment listed in the inventory of this contract outside scheduled PM, IAW Statement of Work. All work must be approved by the COR after quote submittal. (Not to Exceed $75,000.00)

Perform Annual Maintenance/Service of Emergency Power Generating Equipment Located at the Downtown Division (See Statement of Work)

Semi-Annual Maintenance/Services of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Downtown Division. (See Statement of Work)

POP Begin: 09-24-2023

LOCAL STOCK NUMBER: ..

Perform Annual Service Maintenance of Emergency Power Generating Equipment Located at the Uptown Division. (See Statement of Work) Contract Period: Option 1 POP Begin: 09-24-2024 POP End: 09-23-2025

Semi-Annual Maintenance/Service of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Uptown Division. (See Statement of Work)

Provide Emergency Repair Service (Minor to Moderate in Nature) for equipment listed in the inventory of this contract outside scheduled PM, IAW Statement of Work. All work must be approved by the COR after quote submittal. (Not to Exceed $75,000.00)

Perform Annual Maintenance/Service of Emergency Power Generating Equipment Located at the Downtown Division (See Statement of Work)

Semi-Annual Maintenance/Services of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Downtown Division. (See Statement of Work)

POP Begin: 09-24-2024

Perform Annual Service Maintenance of Emergency Power Generating Equipment Located at the Uptown Division. (See Statement of Work) Contract Period: Option 2 POP Begin: 09-24-2025 POP End: 09-23-2026

Semi-Annual Maintenance/Service of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Uptown Division. (See Statement of Work)

Provide Emergency Repair Service (Minor to Moderate in Nature) for equipment listed in the inventory of this contract outside scheduled PM, IAW Statement of Work. All work must be approved by the COR after quote submittal. (Not to Exceed $75,000.00)

Perform Annual Maintenance/Service of Emergency Power Generating Equipment Located at the Downtown Division (See Statement of Work)

Semi-Annual Maintenance/Services of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Downtown Division. (See Statement of Work)

POP Begin: 09-24-2025

Perform Annual Service Maintenance of Emergency Power Generating Equipment Located at the Uptown Division. (See Statement of Work) Contract Period: Option 3 POP Begin: 09-24-2026 POP End: 09-23-2027

Semi-Annual Maintenance/Service of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Uptown Division. (See Statement of Work)

Provide Emergency Repair Service (Minor to Moderate in Nature) for equipment listed in the inventory of this contract outside scheduled PM, IAW Statement of Work. All work must be approved by the COR after quote submittal. (Not to Exceed $75,000.00)

Perform Annual Maintenance/Service of Emergency Power Generating Equipment Located at the Downtown Division (See Statement of Work)

Semi-Annual Maintenance/Services of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Downtown Division. (See Statement of Work)

POP Begin: 09-24-2026

Perform Annual Service Maintenance of Emergency Power Generating Equipment Located at the Uptown Division. (See Statement of Work) Contract Period: Option 4 POP Begin: 09-24-2027 POP End: 09-23-2028

Semi-Annual Maintenance/Service of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Uptown Division. (See Statement of Work)

Provide Emergency Repair Service (Minor to Moderate in Nature) for equipment listed in the inventory of this contract outside scheduled PM, IAW Statement of Work. All work must be approved by the COR after quote submittal. (Not to Exceed $75,000.00)

Perform Annual Maintenance/Service of Emergency Power Generating Equipment Located at the Downtown Division (See Statement of Work)

Semi-Annual Maintenance/Services of Emergency Power Generating Equipment and Diesel Fire Pump Located at the Downtown Division. (See Statement of Work)

POP Begin: 09-24-2027

B.3 DELIVERY SCHEDULE

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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. 4701 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 PRODUCTS AND COMMERCIAL SERVICES 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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and…