36C77019Q0495-001.docx

36C77019Q0495

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

NCO 15 Contracting Ofc - CMOP 763-19-3-328-0155 36C77019Q0495 05-15-2019 Gregory, Nicole

(913) 684-0148 05-19-2019

11:59PM CST

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth

KS

66048-5012 X X 811310 $7.5 Million X N/A X Department of Veterans Affairs Lancaster, TX CMOP 2962 S. Longhorn Drive Lancastert, TX

75134-2118 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth

KS

66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin

TX

78714-8971 See CONTINUATION Page Generator Preventative Maintenance Services for the Lancaster, TX CMOP This requirement will be a 100% Set-Aside for SDVOSB.

Prospective offerors must be verified in VIP at https://www.vip.vetbiz.gov/ at the time of response and and award.

Offeror shall be registered and active at System for Award Management (SAM) at https://www.sam.gov at the time of offer and award to the Government.

POC for this RFQ is Nicole Gregory, nicole.gregory2@va.gov Alternate POC is Penny Capps, penny.capps2@va.gov See CONTINUATION Page 763-3690162-328-850100-2543 010022443 X 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 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS

VA recognizes the contributions of our Nation's veterans, and we strive to make contract awards to small businesses owned by veterans and service-disabled veterans. We also encourage prime contractors to form partnerships and/or to pursue subcontracting opportunities with veteran-owned and service-disabled veteran-owned small businesses. Depending on the evaluation factors included in the solicitation, VA may evaluate offerers based on their veteran-owned or service-disabled veteran-owned status, their proposed use of veteran-owned or service-disabled veteran-owned small businesses as subcontractors, and their past performance on adherence to small business subcontracting plan requirements.

To receive credit under the Veteran-Owned Small Business and Service-Disabled Veteran-Owned Small Business Status evaluation factor, an offerer must furnish a completed representation (Federal Acquisition Regulation clause 52.212-3 or 52.219-1) that shows that it qualifies as a veteran-owned or service-disabled veteran-owned small business- or be registered in the System Award Management (SAM) website as a veteran-owned or service-disabled veteran-owned small business. Service-Disabled Veteran Owned Businesses and Veteran Owned Businesses must be Registered & CVE Certified in VetBiz Registry at (www.vip.vetbiz.gov)

?.## STATEMENT OF WORK

DEPARTMENT OF VETERANS AFFAIRS

CONSOLIDATED MAIL OUTPATIENT PHARMACY (CMOP) DALLAS

GENERATOR PREVENTIVE MAINTENANCE

1.0 BACKGROUND: The VA Dallas Consolidated Mail Outpatient Pharmacy (CMOP) processes high volume, mail prescription workloads using integrated, automated dispensing systems from seven locations to eligible Veterans throughout the United States. The Dallas CMOP has a recurring requirement for Generator Maintenance.

The Dallas CMOP requires this service in the event of a commercial power outage and to perform regular maintenance on their generators. The resulting contract for this solicitation will be a firm fixed price, indefinite delivery/indefinite quantity (IDIQ) contract for a duration of one (1) year plus four (4) one-year options. Period of performance is estimated to begin on June 1, 2019.

2.0 OBJECTIVE: The objective of this procurement is to perform quarterly service to Dallas VA CMOP emergency generator, to include test running, replacing filters and fluids as required, perform oil sampling and a once a year load bank of the generator. Vendor shall provide all labor, materials and equipment to provide quarterly service on Dallas VA CMOP diesel generator, Cummins Model 1250DFLC-3131. Service will include oil sampling with reports, fluids, filters, belts, hoses as required and a yearly full load bank of the generator and emergency service repairs, as necessary, for the generator located at the Dallas CMOP; 2962 S. Longhorn Drive Lancaster, TX 75134-2118.

3.0 STATION INFORMATION:

3.1 CONTRACTING OFFICER’S REPRESENTATIVE: Pursuant to VAAR Provision 852.270-1, Contracting Officer’s Representative (COR), shall be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the CO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

3.2 ONSITE REQUIREMENTS: The Contractor's representative will schedule all work with the COR. The COR will be designated at the time of award. All contract personnel shall present a government picture ID and sign in to receive a Contractor identification badge before any work is performed.

3.3 WORK HOURS: Routine preventative maintenance will be done during normal business hours. The vendor will have access to Dallas CMOP, from 6:30 a.m. - 4:00 p.m., Monday through Friday, excluding Federal Holidays. During breakdowns the facility will be available 24 hrs. a day until issues are resolved. If the vendor wants to work outside of these days/hours; the vendor shall submit the request in writing to Contracting Officer, COR and the Dallas CMOP Engineering office at least a week in advance. The vendor is advised that requests are subject to disapproval

Emergency response time is to be within 24 hours after the initial call is placed by the COR or designee. The hourly rate will commence at the time the technician reports to the COR in addition to the parts and material required for the repair which will be determined.

3.4 HOLIDAYS: The following Federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization.

4.0 SERVICES: The work described shall be performed by trained, qualified technicians in accordance with the manufacturer’s recommendations. Contractor will check in with the Contracting Officer’s Representative (COR) or designee each day before starting work to obtain a visitor badge and authorization to perform service that day. The Contractor must wear a visitor badge while on station and return that badge when work is concluded each day.

4.1 QUALITY CONTROL/INSPECTIONS:

4.1.1 The vendor will be responsible for the quality control of all work performed. All work must be performed in accordance with industry standards, manufactures specifications, installation instructions/recommendations, related documents provided and in compliance with all applicable codes and regulations. NEC, IBC, State, County, and local authority. Perform all required tests on all work as specified herein and in accordance with code requirements and industry standards to ensure full and complete operation of all systems.

4.1.2 The Government reserves the right to perform initial, follow-up, and final inspections and acceptance of all work. The Dallas CMOP engineering office shall inspect and accept all work and workmanship.

4.2 QUARTERLY INSPECTIONS/SERVICE:

1. Equipment shall be inspected 4 times a year, with the exception of the full-service oil change and load banking that is performed once a year during one of the quarterly inspections. All work will conform to the OEM (Original Equipment Manufacturer) recommended maintenance specifications. After each inspection, the CMOP will be furnished a written report detailing condition of the equipment and advising of further services or repairs required (if any) to assure the operating dependability of the equipment. Report shall be provided to facility manager.

The following items (but not limited to) will be a part of the quarterly

1. Oil samples taken, and test results sent to Dallas VA CMOP Facility Manager

2. Inspect for evidence of dilution or contamination

3. Inspect for leaks

4. Check all engine controls for proper adjustments

5. Drain condensation (if possible)

6. Check fuel supply for quantity, contamination, quality

7. Inspect engine fuel lines, pump, and filters for leaks, condition, and security

8. Inspect and lubricate governor actuator to rack and ball joints

9. Service crankcase breathers and air box drains as required by OEM maintenance requirements

10. Inspect and lubricate blower by-pass actuators.

11. Inspect louvers and duct work for condition and proper operation

12. Inspect air filters for condition and security; tighten clamps and brackets as needed

13. Inspect turbo outlet hoses and pipes for condition and security: tighten clamps and brackets as needed

14. Check coolant level

15. Check and record freeze protection

16. Inspect fan shrouds, guards, and brackets for condition and security

17. Inspect radiator core for cleanliness, condition, and security

18. Inspect idler and fan drive bearings. Check condition and security of mounts, brackets, and adjusters, tightening as needed

19. Inspect coolant hoses and pipes for condition and security, tightening clams and brackets as needed

20. Inspect fan drive belt for conditions, security, and proper tension

21. If problem is found with coolant, then take coolant for laboratory testing

22. Check charger for proper operation and output.

23. Check and record starting battery float voltage and electrolyte level

24. Load test starting batteries to 450amps/cell for 15 seconds and record voltage

25. Inspect ignition system for signs of deterioration

26. Inspect starter cables, wire, and connectors for condition and security

27. Check operation of jacket water heater, control thermostats, and oil pressure disconnect switch

28. Inspect electrical control and sensor wire termination, tightening as required.

29. Inspect all engine protective devices including oil pressure, coolant temperature, over crank, over speed shutdowns, and all other applicable devices

30. Inspect fan guard for condition and security

31. Inspect mechanical connections for tightness, condition, and security

32. Inspect mounting bolts

33. Inspect drive flex fastening bolts

34. Inspect end bell enclosure for cleanliness and device interference with rotating assembly

35. Inspect cable wire termination at generator for condition and security

36. Inspect and test generator protective devices, circuit breakers, safeguard breaker

37. Check operation of generator, associated indicators, lights, and alarms.

38. Check soundness of linkages and load cables

39. Check operation of auto start and remote controls

40. Check and adjust system frequency and voltage

41. Inspect relays and contacts for excess wear and cleanliness.

42. Inspect condition of control panel wiring

43. Review transfer switch for overall cleanliness and condition

44. Top off all fluid levels

4.3 YEARLY OIL CHANGE:

Vendor shall provide once a year a complete oil change to include all fluids, filters, seals, clamps, anti-freeze and any other items required to complete a full service, run and check for leaks and top off all fluid levels. Service can be included with one of the quarterly inspections. Any Hazardous material generated in the execution of this contract shall be removed from the CMOP premises by the vendor, disposal off-site is the sole responsibility of the vendor No Hazardous material generated in the execution of this contract may remain on CMOP property for greater than 24-hours, after such time, the vendor hall remove immediately.

4.4 YEARLY LOAD BANK:

Vendor shall provide a yearly load bank on the generator. The test run will be done during normal working hours, normally from 6:30am to 4:00pm Monday through Friday except federal holidays. Test shall be a minimum of 4 hours. A record of the test and the operating conditions and reading along with personal observations and comments on the condition of the generator set shall be recorded in the service report and provided to facility manager. Load banks trucks and equipment shall be placed as not to block access ramp to building. The following items (but not limited to) will be a part of the quarterly

4.5 ADDITITIONAL REPAIRS/PARTS:

Any additional required repairs or parts not covered under this preventative maintenance agreement will be charged at the labor rates listed in the pricing schedule. Parts will be reimbursed at the cost to obtain them with no additional profit or transportation costs paid for by the Government. Such additional work will not be performed unless specifically authorized by the Contracting Officer / COR or alternate COR. Technicians are required to be Cummins/Onan certified. Vendor shall supply a written complete quote within 24 hours listing all labor, parts and materials required for repairs. Repairs shall start within 24 hours after approval to proceed with additional repairs has been given.

4.6 SERVICE DELAYS:

If for any reason the Vendor is unable to perform on the project, the vendor shall immediately notify Contracting Officer, COR and the Dallas CMOP Engineering office, in writing, and provide the reason why service cannot be made (e.g. awaiting parts, technician sick), and an estimated completion date.

Dallas CMOP is required to be fully operational during normal working hours, if the contractor runs into issues that will prevent the facility from operating the contractor shall provide any and all services to assure that the facility has power to operate normally.

4.7 SCHEDULE OF SERVICES:

The vendor shall develop, implement, and maintain a schedule of services. The vendor shall submit a copy of the schedule to the Contracting Officer, COR and Dallas CMOP engineering office for review, no later than ten days prior to commencement of work, and submit an updated schedule when changes occur.

The contractor shall not impact the normal business of the Dallas VA CMOP.

4.8 EMERGENCY SERVICES:

(a) Emergency services must be available to the Dallas CMOP and provided within twenty-four (24) hours of notification to ensure continual operations of the production system and support operations. These emergency repairs may be due to maintenance issues or natural disasters.

(b) Contractor will be required to submit a quote detailing the necessary work, including the labor and parts needed to make the repair. This must be presented to the COR prior to commencing work.

4.9 TRAVEL: The cost of travel and/or travel time to and from the job site will be at the contractor’s expense, no cost to the Government.

4.10 WORKMANSHIP: All work will be performed by trained, qualified technicians in accordance with the manufacturer’s recommendations.

4.11 WARRANTY: The vendor shall warranty all parts, equipment, and workmanship for a period of one year from the date of Government acceptance of work.

4.12 SERVICE TICKETS: All service tickets will show the Make, Model, Serial, and PM numbers of the equipment being serviced.

4.13 PERIOD OF SERVICE: The term of this contract is for the period of one year (June 1, 2019 – May 31, 2020) with four optional years for renewal.

4.14 QUALIFICATION OF OFFERORS: Quotations will be considered only from offerors who are regularly established in the business called for and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service, and adequately trained to perform services required in this SOW.

4.15 SMOKING POLICY: Vendor is advised that the Government has placed restrictions on the smoking of tobacco products in Government facilities. Vendor’s employees and visitors are subject to the same restrictions as Government personnel. Smoking is permitted only in designated smoking areas

4.16 SAFETY REQUIREMENTS: The vendor shall comply with all local, state and federal laws and safety regulations. Compliance with OSHA and other applicable laws and regulations for the protection of contractor’s employees is exclusively the contractor’s obligation, and the Government will assume no liability or responsibility for the contractor’s compliance or non-compliance with such responsibilities. The vendor shall provide vendors employees with all necessary personal protective clothing and equipment. The Contracting Officer or his designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken. After receipt of such notice, the contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor, his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any apart of the work and hold the contractor in default as provided for elsewhere in this contract.

4.17 WEAPONS, FIREARMS, AND AMMUNITION: Vendor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at VA Dallas CMOP.

4.18 FIRE PREVENTION AND SAFETY: Vendor’s employees shall comply with the Occupational Safety and Health Act (OSHA), VA CMOP Fire Protection Program and the Fire Prevention and Health Program.

4.19 STANDARDS OF CONDUCT: The Contracting Officer or Contracting Officer’s Representative shall refer to the Contractor for immediate action (including, but not limited to, removal from the work site) any contract technician whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operation of the CMOP facility. Breaches of conduct include, but are not limited to, intoxication or debilitation resulting from drug use; theft; dereliction; negligence in performing tasks or other conduct resulting in complaints by staff or management.

4.20 ILLEGAL SUBSTANCES: Illegal substance possession, use, or distribution will not be tolerated on any Government installation, including VA Dallas CMOP. This includes prescribed medical marijuana. The contractor shall ensure that contractor employees who have access do not possess, use, or distribute illegal substances. All vendors are required to adhere to all local, state and federal laws concerning possession and/or use of illegal substances. Vendors found to be in possession of illegal substances will be barred from the installation and subject to arrest and prosecution by local authorities

4.21 CONTRACTOR RESOURCE REQUIREMENTS AND QUALIFICATIONS:

4.21.1 All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov) to be eligible for a government award.

4.21.2 All contractors providing a response as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) must be registered and verified in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov) at the time of the offer and at the time of award.

4.21.3 Contractor shall Contractor shall be required to provide documentation evidencing liability insurance coverage at the time of the offer, award and annually thereafter.

4.22 PAYMENT REQUIREMENTS: Upon notification of award, the Contractor must be vendorized in VA fiscal systems. The Contractor must:

(a) Submit a VA Form 10091 to the VA Finance Service Center (FSC), if one is not already on file.

(b) Submit a TIN and DUNS number to the Contracting Officer for vendorization in the local VA fiscal system, VistA, so a purchase order may be created.

(c) Register and create an account in the online VA payment system, Tungsten/OB10. Go to http://www.va.gov/oaa/invoicing/faqs.asp for more information

4.23 INVOICE SUBMISSIONS: Invoices shall be submitted upon completion of work. Pursuant to FAR Clause 52.212-4(g), payment will be made after receipt of properly prepared invoices, provided that the following has been met:

(d) Invoicing shall be accomplished using the OB/Tungsten network. Invoices mailed or faxed will not be paid. Invoices submitted directly to the FSC or the facility will not be accepted, and will delay payment.

(e) In order to properly administer this contract, it is mandatory that all technicians report to COR or designee, with the work/repair ticket after the work has been completed. This procedure is necessary to ensure that internal accountability is maintained for all repairs. Failure to follow this procedure may jeopardize the payment of maintenance work and the contractor’s technician who ignores this procedure does so at his/her own risk.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Perform Quarterly Maintenance as Outlined in the Statement of Work Base Year 6/1/2019-5/31/2020 Contract Period: Base POP Begin: 06-01-2019 POP End: 05-31-2020

Perform Yearly Oil Change and Load Bank Test as outlined in the Statement of Work

Contract Period: Base

Unscheduled Emergency Repair Service Call Base Year, 6/1/2019-5/31/2020 Contract Period: Base

Hourly Repair Rate - Business Hours

Contract Period: Base

Hourly Repair Rate - Non-Business Hours

Contract Period: Base

Perform Quarterly Maintenance as Outlined in the Statement of Work Option Year 1, 6/30/2020-5/31/2021 Contract Period: Option 1 POP Begin: 06-01-2020 POP End: 05-31-2021

Perform Yearly Oil Change and Load Bank Test as outlined in the Statement of Work Option Year 1 6/1/2020-5/31/2021 Contract Period: Option 1

Unscheduled Emergency Repair Service Call Option Year 1, 6/1/2020-5/31/2021 Contract Period: Option 1

Hourly Repair Rate - Business Hours

Contract Period: Option 1

Hourly Repair Rate - Non-Business Hours

Contract Period: Option 1

Perform Quarterly Maintenance as Outlined in the Statement of Work Option Year 2, 6/1/2021-5/31/2022 Contract Period: Option 2 POP Begin: 06-01-2021 POP End: 05-31-2022

Perform Yearly Oil Change and Load Bank Test as outlined in the Statement of Work Option Year 2 6/1/2021-5/31/2022 Contract Period: Option 2

Unscheduled Emergency Repair Service Call

Contract Period: Option 2

Hourly Repair Rate - Business Hours

Contract Period: Option 2

Hourly Repair Rate - Non-Business Hours

Contract Period: Option 2

Perform Quarterly Maintenance as Outlined in the Statement of Work Option Year 3, 6/1/2022-5/31/2023 Contract Period: Option 3 POP Begin: 06-01-2022 POP End: 05-31-2023

Perform Yearly Oil Change and Load Bank Test as outlined in the Statement of Work Option Year 3 6/1/2022-5/31/2023 Contract Period: Option 3

Unscheduled Emergency Repair Service Call

Contract Period: Option 3

Hourly Repair Rate - Business Hours

Contract Period: Option 3

Hourly Repair Rate - Non-Business Hours

Contract Period: Option 3

Perform Quarterly Maintenance as Outlined in the Statement of Work Option Year 4, 6/1/2023-5/31/2024 Contract Period: Option 4 POP Begin: 06-01-2023 POP End: 05-31-2024

Perform Yearly Oil Change and Load Bank Test as outlined in the Statement of Work Option Year 4 6/1/2023-5/31/2024 Contract Period: Option 4

Unscheduled Emergency Repair Service Call

Contract Period: Option 4

Hourly Repair Rate - Business Hours

Contract Period: Option 4

Hourly Repair Rate - Non-Business Hours

Contract Period: Option 4

Perform Quarterly Maintenance as Outlined in the Statement of Work Optional 6 month extension 6/1/2024-11/30/2024, to be used only if needed Contract Period: Option 5 POP Begin: 06-01-2024 POP End: 11-30-2024

Perform Yearly Oil Change and Load Bank Test as outlined in the Statement of Work

Contract Period: Option 5

Unscheduled Emergency Repair Service Call

Contract Period: Option 5

Hourly Repair Rate - Business Hours

Contract Period: Option 5

Hourly Repair Rate - Non-Business Hours

Contract Period: Option 5

B.4 DELIVERY SCHEDULE

Lancaster, TX 75134 2118

USA

4.00

972-228-6288 alice.hernandez@va.gov

Lancaster, TX 75134 2118

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from June 1, 2019 through May 31, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.