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36C77019Q0608
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 SI
GN 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. SIGN
ATURE 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 764-19-4-501-0217 36C77019Q0608 07-18-2019 Gregory, Nicole 913-684-0148 07-26-2019 12:00pm 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 Murfreesboro, TN CMOP 3209 Elam Farms Parkway Murfreesboro, TN 37127
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 Murfreesboro, TN CMOP This requirement will be a 100% Set-Aside for Small Business 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 764-3690162-501-851100-2548 010050100 X X Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 STATEMENT OF WORK: Generator Maintenance | 4 |
| B.3 PRICE/COST SCHEDULE | 10 |
| ITEM INFORMATION | 10 |
| B.4 DELIVERY SCHEDULE | 18 |
| SECTION C - CONTRACT CLAUSES | 23 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 23 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 29 |
| C.3 52.216-18 ORDERING (OCT 1995) | 29 |
| C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) | 29 |
| C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 30 |
| C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 30 |
| C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 30 |
| C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 31 |
| C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 31 |
| C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 32 |
| C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 33 |
| C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019) | 33 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 41 |
| SECTION E - SOLICITATION PROVISIONS | 42 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 42 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 46 |
| E.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990) | 46 |
| E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 47 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 47 |
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:
| [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 Services are Rendered |
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:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK: Generator Maintenance
1. Background:
1.1. The VA Murfreesboro 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 Murfreesboro CMOP has a recurring requirement for Generator Maintenance.
1.2. The Murfreesboro 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 July 1, 2019.
2. Purpose:
2.1. The purpose of this procurement is intended to address the need for monthly and annual recurring maintenance on two, 500KW, 3 Phase Generators and automatic transfer switch at 3209 Elam Farms Parkway, Murfreesboro TN for the Mid-South Consolidated Mail Outpatient Pharmacy (CMOP).
3. 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. 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.
3.4. WEAPONS, FIREARMS, AND AMMUNITION: Vendor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at VA Murfreesboro CMOP.
3.5. 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.
3.6. 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.
3.7. ILLEGAL SUBSTANCES: Illegal substance possession, use, or distribution will not be tolerated on any Government installation, including VA Murfreesboro 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
3.8. 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.
3.9. WORK HOURS: Routine preventative maintenance will be done during normal business hours. The vendor will have access to Murfreesboro CMOP, from 8:00 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 Murfreesboro 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.
3.10. HOLIDAYS: The following Federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization.
| New Year's Day | Labor Day | ||
| Martin Luther King Jr.'s Birthday | Columbus Day | ||
| Washington's Birthday | Veteran’s Day | ||
| Memorial Day | Thanksgiving Day | ||
| Independence Day | Christmas Day |
4. Scope:
4.1. The contractor shall provide 11 monthly recurring maintenance checks on two, parallel, 500KW, Generac Modular Power System MD500 generators and automatic transfer switch. The generator models are 13617370100, Engine D18.0 and 15206630100, D15.2. The maintenance and inspections shall be per the manufacturer's maintenance standards. The monthly maintenance will include general operation assessment, generator inspections and all subsystems, such as, the engine electrical system, fuel system, lubricating system, control system, cooling system, and air intake and exhaust system. The contractor shall provide once per year a service to include filter changes and water and oil testing. The contractor shall provide once per year load bank testing at the generator stated rating.
4.2. The contractor will provide all labor, tools, equipment, materials and supervision necessary to maintain the generator equipment at 3209 Elam Farms Parkway (off Joe B. Jackson Parkway, Murfreesboro TN), for the Mid-South Consolidated Mail Outpatient Pharmacy (CMOP) at 5171 Sam Jared Dr., Murfreesboro, TN 37130. All work is located at 3209 Elam Farms.
5. Contractor Specific Tasks:
5.1. Monthly Inspections: 11 Monthly inspections or repairs per the manufacturer’s maintenance standard.
5.1.1. Provide all needed tools, equipment, parts, supervision and man-hours to accomplish maintenance
5.1.2. Visually inspect the unit-to include but not limited to removing debris, trash; check hoses and hose connections; and engine drive belts.
5.1.3. Check engine fluids and add oil if necessary. Check coolant level and maintain level between "cold" and "hot" level marks.
5.1.4. Check/Change gearbox oil per manufacturer's guidance.
5.1.5. Inspect the engine battery system. Maintain per the manufacture's guidance.
5.1.6. Inspect fuel system-to include but not limited to identifying water in tank, fuel level, operation of fuel level gauges.
5.1.7. Inspect the exhaust system. Inspect control systems-inspect operation of meters and gauges noting hours of operation; inspect shutdown And pre-alarms; inspect annunciator panel.
5.1.8. Inspect generator-to include operation of circuit breaker. General, run generator under load for one (1) hour, record all readings, verify that system is in automatic switchover mode, the battery is charging and load circuit breaker is closed.
5.1.9. Submit a complete inspection report to the Facility Manager no later than five (5) business days following inspection.
5.2. Annual Maintenance: In addition to monthly inspections as state above, annual inspections are also required.
5.2.1. Change oil and oil filters.
5.2.2. Analyze used lube oil sample for contamination.
5.2.3. Provide report to facility Manager.
5.2.4. Change fuel filters.
5.2.5. Change coolant filters; change coolant every other year.
5.2.6. Change air filters.
5.2.7. Perform a fuel test on both generators.
5.2.7.1. Generator inspection to include
5.2.7.1.1. Clean generator windings
5.2.7.1.2. Check generator bearings
5.2.7.1.3. Measure and record resistance reading of generator winding using insulation tester (Meg Ohm Meter (Megger))
5.2.7.1.4. Inspect transfer switch and make repairs or replacement if indicted
5.2.7.1.5. Inspect generator heater for proper operation;
5.2.7.1.6. On main switchgear and generator switchgear operate every circuit breaker manually
5.2.7.1.7. Visually check bus bars, and feeder connections for cleanliness and signs of overheating
5.2.7.1.8. Check for unusual noise or vibration during operation
5.2.7.1.9. Vacuum inside the transfer switched and generators control panels
5.2.7.1.10. Check appearance of slip rings, if necessary;
5.2.7.1.11. Blow out with clean dry compressed air.
5.2.8. Submit a complete inspection report to the Facility Manager no later than five (5) business days following inspection.
5.3. Load Bank Test:
5.3.1. Annually perform an on-site load bank test at generator rating for (4) four hours after proper warm-up and document results.
5.3.2. Submit a complete inspection report to the Facility Manager no later than five (5) business days following inspection.
5.4. Emergency Services:
5.4.1. Emergency services must be available to the Murfreesboro 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.
5.4.2. 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.
5.5. 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.
5.6. Workmanship: All work will be performed by trained, qualified technicians in accordance with the manufacturer’s recommendations.
5.7. Warranty: The vendor shall warranty all parts, equipment, and workmanship for a period of one year from the date of Government acceptance of work.
5.8. Service Tickets: All service tickets will show the Make, Model, Serial, and PM numbers of the equipment being serviced.
6. Government Responsibility:
1.1. Assign Project Manager / Contracting Officer Representative (COR).
1.2. Provide security access for maintenance staff that has undergone background checks.
1.3. Contractor must work with the building owner to have necessary utilities in place. CMOP shall provide Contractor access to electrical power and compressed air.
1.4. Provide a “Punch List” to the Contractor that includes any noted defects in workmanship, safety concerns, and shortcomings that do not meet the requirements of the SOW.
7. Delivery Schedule/Coordination:
7.1. Contractor shall coordinate work with Building Owner and Contracting Officer's Representative (COR).
7.2. Monthly inspections will be conducted no later than the 8th day of the Month unless coordinated with the COR
7.3. Annual tasks will be performed in March
7.4. Contractor shall provide a cost for being on-site within two hours of notification of needed emergency repairs (hourly emergency response cost)
7.5. Work will be done during normal business hours (8:00 am through 4:00 pm, Monday through Friday), excluding holidays. The contractor's representative shall report to the CMOP Facility Manager prior to commencing work and at the completion of each workday. Emergency response time is to be within 2 hours after the initial call is placed by the Facility Manager. The hourly rate will commence at the time the technician reports to the Facility Manager in addition to the parts and material required for the repair which will be determined.
8. Training:
8.1. Training shall be provided to staff prior to use of equipment.
8.2. Contractor shall provide 1 hour of generator operator training to CMOP facility management staff and building owner's real property mechanic.
9. Documentation: (All documentation provided shall be in English.)
9.1. Contractor shall provide documentation of training for staff.
9.2. Contractor shall provide one electronic copy in PDF format of their recommended cleaning and preventative maintenance program.
9.3. Contractor must provide a complete inspection report following each inspection.
10. Acceptance Criteria: complete inspection report documenting completion of paragraph 3 tasks.
11. Security:
11.1. The Certification and Accreditation requirements of VA Handbook 6500.6 do not apply to this procurement. A Security Accreditation Package is not required.
12. Evaluations:
12.1. Refer to 52.212-2 under Section E (solicitation provisions) for detail on evaluation factors.
12.1.1. 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.
12.1.2. Technical proposals should be no longer than three pages.
12.1.3. Past performance should include no more than five recent (within three years) and relevant (for the same or similar work) and MUST include contact information.
12.1.4. Price proposals should be no more than three pages in length (included SF 1449) and can include any detail pertinent to and in support of the offeror’s technical proposal.
13. Contractor Resource Requirements and Information:
13.1.1. All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov) to be eligible for a government award.
13.1.2. 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.
13.1.3. Contractor shall Contractor shall be required to provide documentation evidencing liability insurance coverage at the time of the offer, award and annually thereafter.
14. Payment Requirements: Upon verification of award, the Contractor must be vendorized in the 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
15. 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:
(a) 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.
(b) 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
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 11.00 |
| JB |
| __________________ |
| __________________ |
MONTHLY PMs & INSP. ALL REPAIRS AS OUTLINED IN SOW. ELEVEN (11) VISITS PER YEAR.
Base Year 9-1-2019 through 8-31-2020 Contract Period: Base POP Begin: 09-01-2019 POP End: 08-31-2020
| 1.00 |
| JB |
| __________________ |
| __________________ |
ANNUAL LOAD BANK TESTING AND INSP AS OUTLINED IN THE SOW: COMPREHENSIVE SERVICE INSPECTION 4 HOUR LOAD BANK. ONE VISIT PER YEAR.
Contract Period: Base
| 1.00 |
| JB |
| __________________ |
| __________________ |
COOLANT FLUSH, TO BE COMPLETED EVERY OTHER YEAR.
Contract Period: Base
| 1.00 |
| EA |
| __________________ |
| __________________ |
UNSCHEDULED EMERGENCY REPAIR SERVICE CALL AS REQUIRED AND WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Base
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Base
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - NON-BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Base
| 11.00 |
| JB |
| __________________ |
| __________________ |
MONTHLY PMs & INSP. ALL REPAIRS AS OUTLINED IN SOW. ELEVEN (11) VISITS PER YEAR.
Option Year 1 9-1-2020 through 8-31-2021 Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 08-31-2021
| 1.00 |
| JB |
| __________________ |
| __________________ |
ANNUAL LOAD BANK TESTING AND INSP AS OUTLINED IN THE SOW: COMPREHENSIVE SERVICE INSPECTION 4 HOUR LOAD BANK. ONE VISIT PER YEAR.
Option Year 1, 9-1-2020 through 8-31-2021 Contract Period: Option 1
| 1.00 |
| EA |
| __________________ |
| __________________ |
UNSCHEDULED EMERGENCY REPAIR SERVICE CALL AS REQUIRED AND WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 1
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 1
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - NON-BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 1
| 11.00 |
| JB |
| __________________ |
| __________________ |
MONTHLY PMs & INSP. ALL REPAIRS AS OUTLINED IN SOW. ELEVEN (11) VISITS PER YEAR.
Option Year 2 9-1-2021 through 8-31-2022 Contract Period: Option 2 POP Begin: 09-01-2021 POP End: 08-31-2022
| 1.00 |
| JB |
| __________________ |
| __________________ |
ANNUAL LOAD BANK TESTING AND INSP AS OUTLINED IN THE SOW: COMPREHENSIVE SERVICE INSPECTION 4 HOUR LOAD BANK. ONE VISIT PER YEAR.
Option Year 2, 9-1-2021 through 8-31-2022 Contract Period: Option 2
| 1.00 |
| JB |
| __________________ |
| __________________ |
COOLANT FLUSH, TO BE COMPLETED EVERY OTHER YEAR.
Contract Period: Option 2
| 1.00 |
| EA |
| __________________ |
| __________________ |
UNSCHEDULED EMERGENCY REPAIR SERVICE CALL AS REQUIRED AND WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 2
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 2
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - NON-BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 2
| 11.00 |
| JB |
| __________________ |
| __________________ |
MONTHLY PMs & INSP. ALL REPAIRS AS OUTLINED IN SOW. ELEVEN (11) VISITS PER YEAR.
Option Year 3 9-1-2022 through 8-31-2023 Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 08-31-2023
| 1.00 |
| JB |
| __________________ |
| __________________ |
ANNUAL LOAD BANK TESTING AND INSP AS OUTLINED IN THE SOW: COMPREHENSIVE SERVICE INSPECTION 4 HOUR LOAD BANK. ONE VISIT PER YEAR.
Option Year 3, 9-1-2022 through 8-31-2023 Contract Period: Option 3
| 1.00 |
| EA |
| __________________ |
| __________________ |
UNSCHEDULED EMERGENCY REPAIR SERVICE CALL AS REQUIRED AND WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 3
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 3
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - NON-BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 3
| 11.00 |
| JB |
| __________________ |
| __________________ |
MONTHLY PMs & INSP. ALL REPAIRS AS OUTLINED IN SOW. ELEVEN (11) VISITS PER YEAR.
Option Year 4 9-1-2023 through 8-31-2024 Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 08-31-2024
| 1.00 |
| JB |
| __________________ |
| __________________ |
ANNUAL LOAD BANK TESTING AND INSP AS OUTLINED IN THE SOW: COMPREHENSIVE SERVICE INSPECTION 4 HOUR LOAD BANK. ONE VISIT PER YEAR.
Option Year 4, 9-1-2023 through 8-31-2024 Contract Period: Option 4
| 1.00 |
| JB |
| __________________ |
| __________________ |
COOLANT FLUSH, TO BE COMPLETED EVERY OTHER YEAR.
Option Year 4, 9-1-2023 through 8-31-2024 Contract Period: Option 4
| 1.00 |
| EA |
| __________________ |
| __________________ |
UNSCHEDULED EMERGENCY REPAIR SERVICE CALL AS REQUIRED AND WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 4
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 4
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - NON-BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 4
| 6.00 |
| JB |
| __________________ |
| __________________ |
MONTHLY PMs & INSP. ALL REPAIRS AS OUTLINED IN SOW. SIX (6) VISITS FOR EXTENSION.
Optional 6 month extension 9-1-2024 through 2-28-2025, to be used only if needed Contract Period: Option 5 POP Begin: 09-01-2024 POP End: 02-28-2025
| 1.00 |
| JB |
| __________________ |
| __________________ |
ANNUAL LOAD BANK TESTING AND INSP AS OUTLINED IN THE SOW: COMPREHENSIVE SERVICE INSPECTION 4 HOUR LOAD BANK. ONE VISIT PER YEAR.
Optional 6 month extension 9-1-2024 through 2-18-2025, to be used only if needed Contract Period: Option 5
| 1.00 |
| EA |
| __________________ |
| __________________ |
UNSCHEDULED EMERGENCY REPAIR SERVICE CALL AS REQUIRED AND WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 5
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 5
| 1.00 |
| HR |
| __________________ |
| __________________ |
HOURLY REPAIR RATE - NON-BUSINESS HOURS, THIS WILL ONLY BE USED IN THE EVENT OF AN EMERGENCY. THIS ITEM IS CURRENTLY UNFUNDED.
Contract Period: Option 5
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
USA
11.00
| MARK FOR: |
| Bill Irwin |
615-620-8427 bill.irwin@va.gov
| 0002 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 0003 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 0004 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 0005 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
1.00
| 1001 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
11.00
| MARK FOR: |
| Bill Irwin |
| 1002 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 1004 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 1005 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
1.00
| 2001 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
11.00
| MARK FOR: |
| Bill Irwin |
| 2002 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 2003 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 2004 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 2005 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
1.00
| 3001 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
11.00
| MARK FOR: |
| Bill Irwin |
| 3002 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 3004 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 3005 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
1.00
| 4001 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
11.00
| MARK FOR: |
| Bill Irwin |
| 4002 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 4003 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 4004 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 4005 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
1.00
| 5001 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
6.00
| MARK FOR: |
| Bill Irwin |
| 5002 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 5004 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
| 5005 |
| SHIP TO: |
| 3209 ELAM FARMS PKWY |
MURFREESBORO, TN 37127
1.00
| MARK FOR: |
| Bill Irwin |
1.00
Page 1 of Page 1 of
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)
| FAR Number |
| Title |
| Date |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
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 September 1, 2019 through August 31, 2024.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $6,500.00;
(2) Any order for a combination of items in excess of $6,500.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at…
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