36C25926Q0084.docx
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- Attached to
- H961--Generator maintenance and Load Bank Testing (01/15/2026 - 12/31/2026) Base Plus four 1 Year Options
- Solicitation number
- 36C25926Q0084
About this file
This is a Request for Quote (RFQ) for generator maintenance and load bank testing services at the Jack C Montgomery VA Medical Center in Muskogee, Oklahoma. The solicitation (36C25926Q0084) is a firm-fixed-price contract with a base period from January 15, 2026, to December 31, 2026, and four additional one-year option periods. The procurement is a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 811210 with a $34 million size standard.
The performance work statement requires comprehensive preventative maintenance, testing, and repair services for 13 emergency and standby generators across multiple buildings. Services include annual inspections, oil changes, radiator cleaning, and load bank testing, with detailed specifications for maintenance procedures. The contractor must provide all personnel, equipment, and parts (up to $1,000 per equipment) necessary to maintain the generators. Specific requirements include performing manufacturer-recommended maintenance, providing monthly service schedules, responding to emergency callbacks within 4 hours, and submitting detailed maintenance reports. Contractors must be manufacturer-certified for Caterpillar, Cummins, and Kohler emergency generators and comply with various safety and reporting standards.
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| File | Type | Posted |
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| 36C25926Q0084 0002.docx | DOCX document | |
| 36C25926Q0084 0004.docx | DOCX document | |
| 36C25926Q0084 0003.docx | DOCX document | |
| 36C25926Q0084 0001.docx | DOCX document |
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Text version
36C25926Q0084
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. 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. 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
36C25926Q0084 Jeffery Eller 918-577-3282 01-12-2026
CST
36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 811210 $34 Million N/A X Department of Veterans Affairs Jack C Montgomery VA Medical Center
EOVAHCS
1011 Honor Heights Drive Muskogee OK 74401 36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111
Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Maintenance Service Contract – Emergency Generators and Standby Generators for the Jack C Montgomery VAMC.
Please email responses to jeffery.eller@va.gov by date and time in block 8.
The Offeror in block 17a certifies that:
1. it is an SDVOSB concern, eligible under VAAR subpart 8 subpart 819-7003
2. it remains small for the size standard set for this procurement in block 10 of SF1449 Evaluation of Solicitation:
1. Price
2. Technical Capability
3. Past Performance Please see FAR 52.212-2 section of the Solicitation for technical capability requirements.
For consideration, please sign Limitations of Subcontracting affirmation on page 4 and return with RFQ.
See CONTINUATION Page X X Mitchael Purdom
VA-VHA-RPOW-2023-0060
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PERFORMANCE WORK STATEMENT (PWS) | 5 |
| B.3 PRICE/COST SCHEDULE | 13 |
| ITEM INFORMATION | 13 |
| B.4 CONTRACTOR PAYMENT REQUESTS | 26 |
| SECTION C - CONTRACT CLAUSES | 27 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 27 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 32 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 33 |
| C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 33 |
| C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 42 |
| C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 43 |
| C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 46 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 48 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 48 |
| C.10 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018) | 56 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 63 |
| D.1 WAGE DETERMINATION (WD) | 63 |
| SECTION E - SOLICITATION PROVISIONS | 74 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 74 |
| E.2 Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 78 |
| E.3 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025) | 78 |
| E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 79 |
| E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 83 |
| E.6 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 83 |
| E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 84 |
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 36C259 Department of Veterans Affairs Network Contracting Office
NCO 19
6162 South Willow Drive, Suite 300 Greenwood Village CO 80111
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] After satisfactory performance |
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:
| AMENDMENT NO |
| DATE |
B.2 PERFORMANCE WORK STATEMENT (PWS)
DEPARTMENT OF VETERANS AFFAIRS
STATEMENT OF WORK
Maintenance Service Contract – Emergency Generators and Standby Generators
1.0 INTRODUCTION
The VA Medical Center in Muskogee is seeking a qualified contractor to perform comprehensive preventative maintenance and repair services for Emergency Generators and Standby Generators at our campus. Service performance will be for the VAMC- Muskogee at 1011 Honor Heights Drive, Muskogee, OK 74401.
2.0 BACKGROUND
VA Muskogee’s Emergency Generators and Standby Generators have required preventative maintenance (PM) and testing on a periodic basis through the year. The Facility Service, Maintenance Department, requires assistance in keeping up with required PMs and testing on the equipment to ensure proper operations and prevent failure points on the equipment. Our current Maintenance staff is shorthanded to ensure proper PMs are being completed as well as responding to maintenance calls, performing regular duties, and handling the increase work order requests. A service contract is needed to ensure the proper and timely of the required PMs on the Emergency Generators and Standby Generators. Contractor shall provide all required maintenance, testing and inspections to these equipment and systems. In addition to required semi annual and Annual preventive maintenance, testing & inspection, the Contractor shall provide emergency on-call repair services (parts and labor), and standby services.
3.0 SCOPE
3.1 Item 1 – Preventative Maintenance (PM)
The contractor shall provide all personnel, equipment, tools vehicles, materials, supervision, and other items and services necessary to perform preventative maintenance, testing and repair tasks functions for the equipment described in the SOW.
Contractor shall provide maintenance for Emergency Generators and Standby Generators. This equipment provides emergency and back-up power to the Medical Center.
Contractor must be qualified and authorized to work on all equipment listed in attachment A and must have access to all necessary proprietary software. The contractor shall maintain the equipment in accordance with the applicable Installation and Operation Manuals.
The contractor shall adhere to all individual manufacturer’s requirements and instructions for the particulars of scheduled maintenance of the systems/equipment. All contractor personnel and subcontractors that perform scheduled maintenance shall be qualified by the systems/equipment manufacturer where necessary to preserve any warranties on the systems/equipment. The contractor shall provide a written monthly schedule to the Contracting Officer Representatives (COR) for the facility, listing the specific equipment to be serviced during the upcoming period and outlining the individual PM tasks to be completed, including any after-hours service.
The contractor shall obtain, provide and install all parts, materials, and supplies necessary to perform PM, and shall be responsible for the cost of same within their base bid amount. Contractor shall use parts supplied by the original equipment manufacturer (OEM) or authorized equal (as stipulated by the manufacturer) when replacing all parts, components, and/or devices for the covered systems. Should the contractor encounter a part in need of replacement, and the direct replacement is no longer available due to obsolescence, the contractor shall replace that part with a new equivalent part. The contractor shall notify the VA when such replacements/modernization occurs.
The contractor shall provide labor, material, and equipment necessary to perform routine preventative maintenance and inspections services at the intervals specified. The vendor shall perform all manufacturer recommended routine maintenance on the equipment listed in Attachment A.
The vendor shall perform all manufacturer recommended routine maintenance, radiator cleaning, and load bank testing, whether or not included in the list below
ENGINE GENERATORS
1. ANNUAL CHECK (ENGINE NOT RUNNING)
· Conduct visual check around the generator. Check the engine, radiator, and generator for debris, foreign objects, loose or broken fittings, guards, and components. Repair as necessary.
· Check the battery’s liquids specific gravity, do battery load test, top up\fill if necessary. Maintain electrolyte level, clean batteries if necessary, check for tight connections.
· Clean battery terminals and lugs.
· Battery charger- Check for proper operation.
· Check all “V” and fan belts to make sure there are no hair line cracks on the belts, replace if cracked or worn. Inspect for worn, broken, or loose belts (alternator, fan, drive, etc.).
· Check and adjust tension on all V and fan belts.
· Check coolant level and top up\fill if necessary.
· Check specific gravity of coolant. Replenish as necessary to maintain manufacturers recommended level and specific gravity of coolant additive.
· Block heater- Check for proper operation. Maintain 32°C (90°F) coolant temperature in the block at all times.
· Check operation and components of water jacket heating system.
· Engine Crankcase- Check the oil Maintain the oil level between the add and full marks on the engine stopped side of the dipstick.
· Governor- Check and maintain the oil level (if required).
· Fuel System- Check for leaks and drain water separator (if equipped). Keep fuel tank full. Check fuel filter indicator (if equipped).
· Gauges- check the condition of all gauges. Repair or replace any broken gauge.
· Generator and Control Panel- Visual Inspection- check for loose, broken, or damaged wiring or components.
· Test fuel day tanks for water. Record water levels in tanks.
· Drain condensate from exhaust condensate trap.
· Clean air filter element. Inspect all fuel, oil, and water piping for secure mounting.
· Inspect exhaust piping and muffler insulation.
· Inspect crankcase breather tube.
· Check all control panel indication LED’s.
2. ANNUAL CHECK (ENGINE RUNNING)
· Turn off the generator circuit breaker and run the generator unloaded for 15 minutes. Check the generator for unusual conditions, such as: excessive vibration, excessive black or white smoke. The following indicators on the control panel also need to be checked and verified while the generator is running: fuel level, oil pressure, water temperature, rpm, voltage, and frequency.
· With the engine running and the generator circuit breaker open:
· Jumper water temperature switch
· Jumper oil pressure switch
· Jumper coolant low-level switch
· Press emergency stop push button.
· Each time the switch is “jumpered” or the emergency stop button is pressed the engine should stop and the corresponding failure lamp should illuminate. Reset the shut-down mechanisms after each test.
· Frequency (rpm) and generated voltage- check and record readings. NOTE: The operating voltage of a cold (just started) generator will be slightly higher than the operating voltage of a generator that has been under load and warm. The full load voltage of a generator will decrease a maximum of 1% when the generator stabilizes at 100°C (212°F). Most of the voltage decrease occurs in about 30 minutes. Generally, temperatures of generators stabilize within two hours.
· Read and record verify all engine and alternator indicators. Check for proper operating oil pressure. Check for proper operating fuel pressure. Check the oil level. Maintain the oil level between the add and full marks on the engine running side of the dipstick.
· Check exhaust for excessive black or white smoke. (See manufacture’s manual)
· Check turbocharger for vibrations, check for any abnormal noise during operation.
· Check generator bearing for noise and overheating.
· Check exhaust manifold, muffler, and piping for leaks and secure mountings.
· Check fuel day tank for overheating.
· Leaks and noises- Check for leaks and unusual noises. NOTE: Engine must be stopped before making necessary repairs.
3. ANNUAL CHECK (ENGINE STOPPED AFTER RUNNING)
· Inspect engine water, fuel, and oil systems for leaks while engine is hot.
· Fill out maintenance checklist and report deficiencies.
· Confirm that circuit breaker is in closed position, and generator is set in automatic.
4. ANNUAL CHECK (ENGINE NOT RUNNING)
· Perform complete semi-annual ‘engine not running’ schedule (Section 4).
· Change fuel and air filters every 250hrs or once a year whichever is sooner
· Change coolant filters every 250hrs or once a year whichever is sooner
· Inspect battery charging Alternator and V belt.
· Inspect engine and generator wiring harness for wear and damages.
· Inspect supports and spring isolators for soundness and stability.
· Inspect unit thoroughly for loose fasteners.
· Clean radiator air passages and exhaust air ducts.
· Clean intake louvers and ducts.
· Inspect unit for corrosion. Remove any corrosion, prime and paint.
· Inspect fan drive idler pivot arm assembly and shock absorber.
· Inspect Belt driven fan hub.
· Take fuel oil samples, analyze and report composition and cleanliness.
· Take fuel samples, analyze and report composition and cleanliness
5. ANNUAL CHECK (ENGINE RUNNING)
· Perform complete annual ‘Engine running’ schedule (Section 2).
6. ANNUAL CHECK (ENGINE STOPPED AFTER RUNNING).
· Perform complete semi-annual ‘Engine stopped after running’ schedule. (Section 3).
· Change crankcase oil and filters every 200 hours or once a year, whichever is sooner.
· Fill out maintenance checklist and report deficiencies.
· Confirm that circuit breaker is in closed position, and generator is set in automatic.
· Engine Crankcase Breather- Clean.
· Engine mounts- Inspect
· Engine protective devices- Check.
· Engine speed/timing sensor- Clean/inspect.
· Engine valve lash- Check.
· Engine valve rotators- Inspect.
· Fuel System Primary Filter (Water Separator) Element- Replace.
· Fuel System secondary filter- Replace.
· Generator Bearing- Lubricate.
· Generator Set Vibration- Inspect.
· Hoses and Clamps- Inspect/Replace.
· Rotting Rectifier- Check.
· Starting Motor- Inspect.
· Water Pump- Inspect.
7. OUT YEAR CHECKS
· Second Year Checks:
· Inspect Turbocharger:
· Inspection to include bearings, seals, exhausts, and air impellers.
· Change all gasket and seals.
· Inspect Rotating rectifier:
· Inspect and clean rotating rectifier per manufacturer’s recommendations.
· If replacement is warranted, provide a written recommendation to the COR for action to include all material and labor.
8. Radiator cleaning 2 of the 13 generators per year shall have the radiators/intercoolers cleaned with dry ice. After cleaning radiators/intercoolers shall be coated in a nonstick product that will not allow dirt and oil to stick. Waste shall be vacuumed up and disposed of offsite.
9. Load bank testing A. Contractor shall provide all travel and equipment to complete Annual Load Bank testing as described in applicable VHA Directives and NFPA 110; 8.4.2.3. “During monthly test” (performed by VA employees) of diesel-powered generators, if load is not at 30% of name plate rating of generator it shall be exercised annually. (Generators that need to be Load bank tested are identified in section D). The load bank testing described below in section B will be the required four (4) hour test for FY years 2028.
B. Four (4) Hour Test: Load Banking shall be done with supplemental loads at 25% name plate rating for 60 minutes, followed by 50% of name plate rating for 60 minutes, followed by 75% of name plate rating for 60 minutes, followed by 100% rating for 60 minutes for a total of 4 continuous hours. (Ref. NFPA 110 section 8.4.2.3.) This portion of the testing is only performed every third year with FY 2022 and FY 2025 being the years for the 4-hour load bank test.
C. Contractor shall provide all travel and equipment to complete Annual Load Bank testing as described in applicable VHA Directives and NFPA 110; 8.4.2.3. “During monthly test” (performed by VA employees) of diesel-powered generators, if load is not at 30% of name plate rating of generator it shall be exercised annually. (Generators that need to be Load bank tested are identified in section D). The load bank testing described in section D will be the required two (2) hour test for FY years 2026 & 2027 & 2029 & 2030.
D. Two (2) Hour Test: Load Banking shall be done with supplemental loads at 25% name plate rating for 30 minutes, followed by 50% of name plate rating for 30 minutes, followed by 75% of name plate rating for 60 minutes, for a total of 2 continuous hours. (Ref. NFPA 110 section 8.4.2.3.)
E. Scheduling of testing will be through the Contracting Officer Representative (COR) and shall be requested in writing (email) at least 30 days out. Scheduling may be day, evening, or weekend. Depending upon the VA Medical Centers patient care needs. Testing will be strictly at the Medical Centers convenience. Testing for the generators serving the Surgery suite will be scheduled when Surgery is not performing Surgeries.
The scope consists of routine preventative maintenance service and needed repairs to the equipment and associated components. The Contractor is required to inspect and service all equipment in accordance with all manufacturer's recommendations, prevailing industry standards and codes.
Personnel Qualifications- Before assigning employees to start work under the terms of this contract, the Contractor shall ensure that they have the required qualifications and, if applicable, possess the required current and valid professional certifications and licenses in compliance with federal, state, and local environmental requirements and laws. Personnel operating motor vehicles shall have a valid state driver’s license and abide by all OK VAMC Healthcare System traffic laws, i.e. hands-free cell phone use while driving, and parking requirements. As part of the quotation, the Contractor shall submit information on the qualifications or certifications for employees and sub-contractors proposed to work on the services of this contract. Journeyman tradespersons shall be licensed for their respective trades in accordance with Federal requirements. Contractor will ensure all certificates, licenses and permits are kept current and valid. All license and certification renewals shall be submitted to the COR annually or as requested.
The COR shall track Contractor compliance with any manufacturers and contract warranties and shall maintain on-site records of equipment bearing warranties. The contractor shall provide fully completed worksheets to the COR with sufficient detail concerning each completed task. The contractor will annotate equipment records showing warranted items and warranty expiration dates on all equipment. The contractor shall provide supporting documentation for any warranty claims to the on-site COR. The Government will provide the contractor with all existing warranty documentation at the start of the task order. The contractor shall maintain and inspect all equipment under warranty, without voiding the warranty.
An equipment inventory is incorporated into this Site-Specific statement of work. The contractor is responsible for all required routine maintenance of the equipment included in the inventory and as described herein, necessary to ensure proper function of the equipment in accordance with manufacturer’s guidelines, applicable standards and codes. Any unscheduled maintenance/repair work shall be performed when authorized by the Contracting Officer CO or COR, in accordance with Government-approved technical instructions and facility priorities. NOTE: unscheduled maintenance does not include routine maintenance. Routine maintenance services must be incorporated within the base bid amount.
The CO and COR shall notify and work with the contractor on any additional equipment added or changes to the equipment list for PMs and frequency. The contract will then be modified to address the updated costing to the service agreement. Also, the CO and COR shall notify and work with the contractor to remove the equipment item from coverage because it can no longer be economically maintained or has been removed/replaced from the property. The contract will then be modified to address the updated costing to the service agreement.
3.2 Item 4– Materials and Parts
The contractor shall supply parts and materials ($1000 per equipment) as needed for necessary upgrades, replacement, and repairs. If cost exceeds the agreed upon limitation ($1000 per equipment), then a list of repairs required as a result of the inspection will be provided with a cost proposal for the repair within 24 hours to the COR.
Repairs shall be completed within 24 hours after the need for repair has been identified by the contractor or by the COR. All repairs shall be in accordance with the equipment manufacturer’s requirements and\or applicable laws, regulations, codes, etc. All parts and materials shall be of the original manufacturer’s design and specification, or equal thereto. An extension may be granted at the discretion of the COR on a case by case basis. Each request for an extension must include and explanation for the delay, and estimated time of completion, and evidence to clearly show that the contractor has made every effort to repair the system as timely as possible.
4.0 PERFORMANCE REQUIREMENTS
All work shall be completed such that the integrity of the systems is maintained. All work shall be done in accordance with OSHA, EPA regulations, NFPA codes, with particular attention to VA codes, Federal, State, and local regulations throughout the course of this service contract.
The Contractor shall submit technician certification/licensure prior to work start. Copies of these are also to be submitted with the completed checklists.
The contractor shall submit all necessary safety plans to include, but not limited to; equipment specific Lock-Out Tag Out procedures, Electrical Safety plan and SDS for any chemicals used to the COR for approval prior to working at the Medical Center.
Contractor must submit to the COR for review, work sheet/checklist that will be used for performing and documenting maintenance service.
Preventive maintenance for Standby generator sets to be performed by a technician or mechanic, who is manufacturer certified to work on Caterpillar, Cummins, and Kohler emergency generators as listed above.
All off site calibration of generator components to be performed by an authorized Caterpillar repair location, a calibration certificate for each calibrated component must be issued.
The contractor shall schedule all site visits, to include emergencies, with the COR.
The contractor shall furnish authentic parts from the equipment manufacturer. The determination of when to replace parts is at the recommendation of the technician, with the COR’s concurrence. Additional service charges may be incurred to install parts during scheduled inspections or callbacks as specified in this agreement.
The contractor shall operate on the premises during the hours of 0800 and 1630, unless otherwise authorized by the COR.
The contractor shall respond within 4 hours for all emergency call backs.
Work sites shall be left in the same manner of cleanliness and order in which they were found. Vendor will provide their own waste disposal, if any.
All vendor technicians performing work on site must report to Engineering Service in Building 18 to the contractor badge check in/out room to sign in on the contractor log and get a “Contractor” badge. Badges must be returned, and log signed out prior to departing the premises. Vendor shall then coordinate with the COR prior to performing their work.
Personnel must wear the proper personal protective equipment (PPE) at all times. Work done under this project must comply with infection control requirements.
The contractor shall receive all deliveries of materials, equipment, tools, or other goods off of station, and bring them to the job site. The Muskogee VA shall not accept deliveries for project purposes.
Special care will be taken to secure tools and construction equipment.
Safety Data Sheets (SDS’s) must be submitted to the COR for approval for all hazardous materials before they are brought to the work site.
End of day cleanup of the work area(s) is mandatory, and all trash shall be bagged and properly disposed of offsite.
Contractor vehicles, including those of their employees, are to be parked in Lot 4.
All travel costs associated with performance of this contract are the responsibility of the Contractor and are provided at no additional cost to the government as part of this contract. Travel costs are defined but not limited to time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.
5.0 DELIVERABLES
Contractor shall coordinate with the COR to provide a complete calendar year schedule for scheduled maintenance tasks at the commencement of the contract.
Contractor shall provide a prioritized phone support contact list at the commencement of the contract.
Submittal of proposed equipment and materials to be used on site for review and approval by the COR.
Submittal of Contractor safety plan and lock-out tag-out plan.
Submittal of Safety Data Sheets (SDS) shall be provided by the contactor for all chemicals proposed to be brought to the medical center. Chemicals must be approved before they can be located on property.
Submittal of proposed maintenance schedule of activities for review and approval by the COR.
Submittal of all maintenance reports. Must be submitted within 7 days of service completion date. Reports should include at a minimum:
a. Name and contact information for contractor.
b. Name of employee performing the work.
c. Date of work performed and hours spent.
d. Description of the work performed including PMI’s and equipment worked on. Detailed report noting any deficiencies found.
e. Signature of employee that performed work as well as the COR.
f. Bill of Materials (BOM) to include component name, quantity, part #, and assumption of price for any repair material required and material lead time.
6.0 ATTACHMENTS-
Attachment A : Equipment Tables Attachment A:
GENERATORS
| Manufacturer |
| Model |
| Serial |
| Location |
| Caterpillar |
| C175-16 |
| WYB01787 |
| Bldg. 62- RM 100 |
| Caterpillar |
| C175-16 |
| WYB01790 |
| Bldg. 62- RM 100 |
| Caterpillar |
| C175-16 |
| WYB01788 |
| Bldg. 62- RM 100 |
| Caterpillar |
| Cat250 |
| Cat000C9VNGP00386 |
| Bldg. 6-10 - Outside |
| Cummins |
| 750DFJA |
| K960622754 |
| Bldg. 54- RM 100 |
| Cummins |
| 750DFJA |
| K960622753 |
| Bldg. 54- RM 100 |
| Cummins |
| C275D2RE |
| K200844747 |
| Trailer Unit on site |
| Cummins |
| DQDAA-5782380 |
| A070016421 |
| Bldg. 50 |
| John Deere |
| IDLC350-3J |
| P1003110002 |
| Bldg. 46- |
| John Deere |
| IDLC350-3J |
| P1003110003 |
| Bldg. 46- |
| Kohler |
| 1250REOZMB |
| #2282634 |
| Bldg. 52- Outside |
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 46 oil change as per PWS Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 8 oil change per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 52 oil change per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator trailer oil change per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 56 oil change per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 50 oil change per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 3.00 |
| JB |
| __________________ |
| __________________ |
Generator 62 oil change per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator radiator cleaning, DIC (Dry Ice Cleaning) per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Load bank testing of gensets per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 13.00 |
| EA |
| __________________ |
| __________________ |
Associate parts allowance per PWS
POP Begin: 01-15-2026 POP End: 12-31-2026
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 46 oil change as per PWS Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 8 oil change per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 52 oil change per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator trailer oil change per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 56 oil change per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 50 oil change per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 3.00 |
| JB |
| __________________ |
| __________________ |
Generator 62 oil change per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator radiator cleaning, DIC (Dry Ice Cleaning) per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Load bank testing of gensets per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 13.00 |
| EA |
| __________________ |
| __________________ |
Associate parts allowance per PWS
POP Begin: 01-01-2027 POP End: 12-31-2027
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 46 oil change as per PWS Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 8 oil change per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 52 oil change per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator trailer oil change per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 56 oil change per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 50 oil change per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 3.00 |
| JB |
| __________________ |
| __________________ |
Generator 62 oil change per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator radiator cleaning, DIC (Dry Ice Cleaning) per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Load bank testing of gensets per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 13.00 |
| EA |
| __________________ |
| __________________ |
Associate parts allowance per PWS
POP Begin: 01-01-2028 POP End: 12-31-2028
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 46 oil change as per PWS Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 8 oil change per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 52 oil change per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator trailer oil change per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 56 oil change per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 50 oil change per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 3.00 |
| JB |
| __________________ |
| __________________ |
Generator 62 oil change per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator radiator cleaning, DIC (Dry Ice Cleaning) per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Load bank testing of gensets per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 13.00 |
| EA |
| __________________ |
| __________________ |
Associate parts allowance per PWS
POP Begin: 01-01-2029 POP End: 12-31-2029
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 46 oil change as per PWS Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 8 oil change per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 52 oil change per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator trailer oil change per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator 56 oil change per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Generator 50 oil change per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 3.00 |
| JB |
| __________________ |
| __________________ |
Generator 62 oil change per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 2.00 |
| JB |
| __________________ |
| __________________ |
Generator radiator cleaning, DIC (Dry Ice Cleaning) per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 1.00 |
| JB |
| __________________ |
| __________________ |
Load bank testing of gensets per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| 13.00 |
| EA |
| __________________ |
| __________________ |
Associate parts allowance per PWS
POP Begin: 01-01-2030 POP End: 12-31-2030
PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment
| GRAND TOTAL |
| __________________ |
B.4 CONTRACTOR PAYMENT REQUESTS
Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:
· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp
· Tungsten e-Invoice Setup Information: 1-877-489-6135
· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com
· FSC e-Invoice Contact Information: 1-877-353-9791
· FSC e-invoice email: vafsccshd@va.gov Payment requests may be impacted if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13.
**Vendor must remain "Active" in SAMs for entire contract term** 36C25926Q0084
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(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…
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