36C77020Q0717_2.docx

36C77020Q0717

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 ATTA

CHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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 763-21-1-328-0001 36C77020Q0717 09-17-2020 Angel Waalkes 913-684-0147 09-30-2020 10:00 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 X 811310 $8 Million N/A X VA Dallas CMOP 2962 S Longhorn Drive Lancaster, TX 75134

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 Description of Requirement:

Air Compressor Preventative Maintenance and Repair at the Lancaster, TX CMOP.

See attached Statement of Work for additional information.

This requirement is full and open competition.

Period of Performance: 15 October 2020 - 14 October 2025 Wage Determination 2015-5227, Revised 05/27/2020 will apply to this solic itation.

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 Angel Waalkes, angela.waalkes@va.gov $0.00 See CONTINUATION Page X X Penny Capps Contracting Officer 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 STATEMENT OF WORK

1.0 BACKGROUND

The Veterans Administration (VA) Consolidated Mail Outpatient Pharmacy (CMOP) processes high volume, mail prescription workloads using integrated, automated dispensing systems from 11 locations to eligible Veterans throughout the United States. The Dallas CMOP is located at 2962 S. Longhorn Drive, Lancaster, Texas. The Dallas CMOP has a recurring requirement for KAESER Air Compressor and Dryer Maintenance.

The Dallas CMOP requires this service in the event of compressor down time. 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) option years. Period of performance is estimated to begin on October 1, 2020.

2.0 OBJECTIVE

The objective of this procurement is to provide quarterly service to provide quarterly preventative maintenance and inspection, and emergency repairs on KAESER units:

· SFC 55 EMR 5328445

· SFC 55 EMR 5330977

· KOR-625 EMR 5453153

· KFC-400 EMR 289723

Located at the Dallas CMOP. The work described shall be performed by trained, qualified and licensed technicians in accordance with the manufacturer’s recommendations and specification.

Service shall include labor, parts and supplies required for inspections and services. Vendor shall inspect equipment and perform preventive maintenance inspections on the equipment listed. Vendor shall also perform an operational check on the air system. If any service is required due to time on equipment, vendor shall provide quotes. In the event of emergency repair or due to catastrophic equipment failure, require vendor to provide service within 4 hours of call placement.

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, specifications: monitor Contractor's performance and notifies both the Contracting Officer 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 order.

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. After the work is performed, contractor shall return to the same location to sign out and turn-in said badge along with document service report for the service performed. The badge is to be worn in a visible location on the worker at all times while on the premises of the CMOP property.

3.3 WORK TIME: Routine preventative maintenance will be done during normal business hours (7:00 am through 3:00 pm, Monday through Friday). Work should be conducted to minimize the duration of the compressor outage. The contractor’s representative shall report to the CMOP COR or designee prior to commencing work and at the completion of each workday.

Emergency response time is to be within four (4) 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 DESCRIPTION AND SCOPE OF WORK

The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this statement of work.

4.1 QUARTERLY SERVICE: The selected Contractor will perform a quarterly preventive maintenance and inspection consisting of the following items:

A. Oil and filter changes B. Perform manufacturer’s recommended maintenance items, ensuring that completed annual quarterly preventative maintenance (PM) are documented on the maintenance ticket.

Technicians shall be required to schedule an appointment at least one week prior to date, but not less than 48 hours prior.

1. All work will be performed by trained, qualified technicians who have experience in working with stated equipment. No training will be reimbursed by the Government to ensure technicians are qualified or maintain qualifications or certifications.

2. Contractor shall determine manufacturer’s recommended preventative maintenance and coordinate the scheduling of quarterly and annual PMs which need to be performed each visit. Contractor shall provide the COR a copy of the yearly schedule within 30 days of award, including a breakdown of PMs to be conducted during each visit.

3. Service tickets shall be provided for each piece of equipment and include Make, Model, and Serial Number of equipment. Service tickets shall include the PM numbers and description of work performed. For corrective maintenance/ repairs, the scope of work shall be outlined on the ticket, including a list of any parts replaced. Service tickets shall include any deficiencies noted during the conduct of preventative maintenance and indicate whether the equipment is safe to operate or taken off-line. Regardless of equipment status, contractor shall provide the COR a recommended corrective action for each deficiency within one week of the service visit.

Documentation: All service documentation must contain:

a. Date and time of the Contractors' arrival on station

b. Type, model, and serial number(s) of all equipment on which service was performed

c. Total time of performance period, excluding travel time

d. Detailed narrative description of reason for service performed to include reported problem and cause of problem (When applicable)

e. Complete list of parts replaced (When applicable)

f. Date and time equipment was returned to serviceability.

Property Damage: The Contractor shall take all necessary precautions to prevent damage to any government property and will notify the Contracting Officer immediately if damages occur. The Contracting Officer will authorize the Contractor to remedy the situation in one of the following ways: assessment for current replacement costs for damaged property, replace damaged property in a timely manner, or correct the damages with like materials at no additional cost.

Noncontract Charges: The Contractor shall not perform any service that will result in additional charges without prior approval from the Contracting Officer.

Personnel Qualifications, Clothing and Equipment: Contractor personnel performing under this contract will be fully qualified to perform generator maintenance. The Contractor shall be KAESER Certified or acceptable equivalent. 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 vendor’s employees is exclusively the vendor’s obligation, and the Government will assume no liability or responsibility for the vendor’s compliance or non-compliance with such responsibilities. The vendors shall provide contractor employees with all necessary personal protective clothing and equipment.

Payment: Payment will be made in arrears, and upon submission and certification of a properly prepared invoice which references the period for which payment is due, the due date for payment, the assigned purchase order number.

Service Quality: All services provided in this contract must meet manufacturers' performance and technical specifications, Federal Regulations, VA Regulations, and meet the requirements of the Joint Commission and Life Safety Code. The Contractor shall document all maintenance and provide said documentation to the COR upon completion of each service action.

4.2 EMERGENCY SERVICES:

For emergency repairs, the Contractor will be responsible for providing a technician within two (2) hours of notification of equipment failure, Monday through Friday, 7:00 am through 3:00 pm.

In response to an emergency repair, the contractor technician may diagnose a problem within the equipment that will require off-site repair. The contractor technician will provide an estimate of the off-site repair that include all costs, i.e. parts and labor to be approved by the Facility Director.

4.3 LIST OF UNITS:

The equipment may change during the life of the contract due to depreciation or changes in technology, etc. New equipment within the scope of this contract to be serviced will be added via a bilateral modification to the contract. A description of the compressors currently onsite is listed below:

4.4 LOCATION:

Work will be performed on the air compressors on-site at the following address:

VA Dallas CMOP 2962 S. Longhorn Drive Lancaster, TX 75134

4.5 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.

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

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

4.8 PERIOD OF SERVICE: The term of this contract is for the period of one year (October 15, 2020 to October 14, 2021) with four (4) optional years for renewal.

4.9 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.

4.10 SMOKING POLICY: Vendors are advised the Government has placed restrictions on the smoking of tobacco products in Government facilities. Vendor employees and visitors are subject to the same restrictions as Government personnel. Smoking is not permitted within or around the CMOP facility.

4.11 SAFETY REQUIREMENTS: In the performance of this contract, the contractor shall take such safety precautions as the Contracting Officer or his designee may determine to be reasonably necessary to protect the lives and health of the occupant of any building. 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 part of the work and hold the contractor in default as provided for elsewhere in this contract.

4.12 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.

4.13 DRUG SCREENING: Contract technicians performing services at the CMOP facility may be subject to random drug screening or screening for cause as determined by VA, to ensure compliance with the standard in 38 CFR 1.218.

4.14 WEAPONS, FIREARMS, AND AMUNITION: Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at the VA Dallas CMOP.

4.15 PERIODIC PROGRESS MEETINGS: The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically, with the contractor, to review the contractor’s performance. At these meetings the COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

4.16 CONTRACTOR RESOURCE REQUIREMENTS AND QUALIFICATIONS:

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

4.16.2 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.

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

4.17 PAYMENT REQUIREMENTS:

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

4.18 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

QUARTERLY PREVENTATIVE MAINTENANCE AND REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

SEE STATEMENT OF WORK FOR REQUIREMENTS

Contract Period: Base POP Begin: 10-15-2020 POP End: 10-14-2021

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT. THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS OUTSIDE NORMAL SERVICE OR EMERGENCIES.

PLEASE PROVIDE PRICING FOR A SERVICE CALL FEE.

PLEASE NOTE IF PRICING INCLUDES A MAXIMUM NUMBER OF HOURS.

Contract Period: Base

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

PLEASE PROVIDE PRICING FOR REPAIRS DONE DURING NORMAL BUSINESS HOURS.

Contract Period: Base

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

PLEASE PROVIDE PRICING FOR REPAIRS DONE OUTSIDE NORMAL BUSINESS HOURS.

Contract Period: Base

QUARTERLY PREVENTATIVE MAINTENANCE AND REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

SEE STATEMENT OF WORK FOR REQUIREMENTS

Contract Period: Option 1 POP Begin: 10-15-2021 POP End: 10-14-2022

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT. THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS OUTSIDE NORMAL SERVICE OR EMERGENCIES.

PLEASE NOTE IF PRICING INCLUDES A MAXIMUM NUMBER OF HOURS.

Contract Period: Option 1

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 1

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 1

QUARTERLY PREVENTATIVE MAINTENANCE AND REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

SEE STATEMENT OF WORK FOR REQUIREMENTS

Contract Period: Option 2 POP Begin: 10-15-2022 POP End: 10-14-2023

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT. THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS OUTSIDE NORMAL SERVICE OR EMERGENCIES.

PLEASE NOTE IF PRICING INCLUDES A MAXIMUM NUMBER OF HOURS.

Contract Period: Option 2

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 2

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 2

QUARTERLY PREVENTATIVE MAINTENANCE AND REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

SEE STATEMENT OF WORK FOR REQUIREMENTS

Contract Period: Option 3 POP Begin: 10-15-2023 POP End: 10-14-2024

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT. THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS OUTSIDE NORMAL SERVICE OR EMERGENCIES.

PLEASE NOTE IF PRICING INCLUDES A MAXIMUM NUMBER OF HOURS.

Contract Period: Option 3

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 3

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 3

QUARTERLY PREVENTATIVE MAINTENANCE AND REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

SEE STATEMENT OF WORK FOR REQUIREMENTS

Contract Period: Option 4 POP Begin: 10-15-2024 POP End: 10-14-2025

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT. THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS OUTSIDE NORMAL SERVICE OR EMERGENCIES.

PLEASE NOTE IF PRICING INCLUDES A MAXIMUM NUMBER OF HOURS.

Contract Period: Option 4

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 4

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

Contract Period: Option 4

QUARTERLY PREVENTATIVE MAINTENANCE AND REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

SEE STATEMENT OF WORK FOR REQUIREMENTS

OPTIONAL 6-MONTH EXTENSION, TO BE USED ONLY IF NEEDED.

Contract Period: Option 5 POP Begin: 10-15-2025 POP End: 03-31-2026

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT. THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS OUTSIDE NORMAL SERVICE OR EMERGENCIES.

PLEASE NOTE IF PRICING INCLUDES A MAXIMUM NUMBER OF HOURS.

OPTIONAL 6-MONTH EXTENSION, TO BE USED ONLY IF NEEDED.

Contract Period: Option 5

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

OPTIONAL 6-MONTH EXTENSION, TO BE USED ONLY IF NEEDED.

Contract Period: Option 5

UNSCHEDULED AND EMERGENCY REPAIR SERVICE CALL, AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

OPTIONAL 6-MONTH EXTENSION, TO BE USED ONLY IF NEEDED.

Contract Period: Option 5

B.4 DELIVERY SCHEDULE

Lancaster, TX 75134

USA

Oct 15, 2020 – Oct 14, 2025

(972) 228-6241 joseph.moreira@va.gov

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)

C.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause)

C.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity…