2013-16_Bismark _ND_marshalling_sol.doc

PAGE

7FF-JD-14-SO13-N

CP-FSS-1-A

(APR 1993)(LOCAL DEVIATION)

Solicitation No. 7FF-JD-14-SO13-N

INDEFINTE DELIVERY-INDEFINITE QUANTITY CONTRACT FOR

FSC CLASS 0753 – Pre-assignment preparation of new and used GSA owned IFMS vehicles located in Bismark, ND PERIOD: November 1, 2013, OR DATE OF AWARD WHICHEVER IS LATER, THROUGH

October 31, 2014, WITH TWO (2) ONE-YEAR OPTION PERIODS

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION

CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN.

IMPORTANT NOTICE: A Pre-proposal Conference will not be held. If you have any questions, concerning this solicitation, please call Joe Dunne, at 817-771-4290

CP-FSS-3

NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

J.D. Dunne, Jr.

GSA FAS Fleet Management Division

2865 Lynbrook Drive

Abilene, TX 79606

CP-FSS-4-A

SOLICITATION COPIES (MAR 1996)

(a) To reduce Government costs, only one copy (paper copy) of this solicitation is provided. If additional paper copies are required (see 52.212-1, Instructions to Offerors—Commercial Items and its addendum for number of copies to be submitted), you may reproduce them yourself, provided they are complete in every respect.

(b) Offerors are strongly urged to use two-sided copying of offers for submission to GSA.

EXCEPTION: Oversized blueprints, drawings, or similar documents which are incorporated by reference in and attached (folded) to the solicitation are not required to be duplicated for the purpose of submitting a duplicate copy of the offer to GSA.

CP-FSS-20

SECURITY EXAMINATION OF HAND-DELIVERED OFFERS (JAN 1998) MACROBUTTON OpenFSSAL981 FSS A/L FC-98-1 (a) Offerors are advised that an offer in response to this solicitation is subject to physical examination, x-ray, or other inspection prior to acceptance at the location designated for receipt of offers. Inspection may be conducted by Government personnel or others acting on behalf of the Government. Any offer received at the address designated for receipt of offers after the date and time specified elsewhere in this solicitation for receipt of offers shall be processed in accordance with the late offers provision of this solicitation.

(b) For any hand delivered offer, whether delivered by the offeror or a courier service, the offeror must allow sufficient time to accommodate inspection by designated security personnel.

A-FSS-41

INFORMATION COLLECTION REQUIREMENTS AND HOURS OF OPERATION (NOV 1999) 515.204-1

(a) “The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.”

(b) “GSA's hours of operation are 8:00 a.m. to 4:30 p.m.

CP-FSS-30

(APR 1993)

PLEASE REMOVE THESE COVER PAGES BEFORE SUBMITTING OFFER TO GSA.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, & 30

1. REQUISITION NUMBER

N/A

PAGE 1 OF

7.

FOR SOLICITATION

INFORMATION CALL(

a. NAME

Joe Dunne

b. TELEPHONE NUMBER (No collect calls) 817-771-4290

8. OFFER DUE DATE/

LOCAL TIME

September 27, 2013 3:30 P.M.

9. ISSUED BY CODE

12. DISCOUNT TERMS

( UNRESTRICTED

GSA, Federal Acquisition Service GSA FAS Fleet Management Division 2865 Lynbrook Drive

Abilene, TX 79606

( SET ASIDE: 100 % FOR

( SMALL BUSINESS

FOB: DESTINATION:

( SMALL DISADV. BUSINESS

( 8 (A)

( 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

( RFQ ( IFB ( RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

FACILITY

18a. PAYMENT WILL BE MADE BY CODE

OFFEROR

NAME AND ADDRESS

CODE

To be shown on orders issued against this contract

TELEPHONE NO.

FAX NO. DUNS

IS CHECKED ( SEE ADDENDUM

Do not complete Blocks 19 through 24, see schedule of supplies/items/services beginning on page 3.

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

( 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ( ARE ( ARE NOT ATTACHED.

( 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ( ARE ( ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

( FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ______________________ OFFER

DATED _____________________. YOUR OFFER ON SOLICITATION (BLOCK 5)

( INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

( RECEIVED ( INSPECTED ( ACCEPTED AND CONFORMS TO THE

33. SHIP NUMBER

CORRECT FOR

CONTRACT. EXCEPT AS NOTED

PARTIAL

FINAL

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK

STANDARD FORM 1449

(10-95)

BURDEN STATEMENT

Prescribed by GSA - FAR (48 CFR) 53.212

This page reserved for use at time of award as applicable.

SUPPLIES OR SERVICES AND PRICE/COSTS

SOLICITATION NUMBER: 7FF-JD-14-SO13-N

FSC CLASS: 0753

SERVICE: New and used vehicle pre-assignment preparation

CONTRACT PERIOD: November 1, 2013 or date of award, whichever is later, through October 31, 2014, with two (2) one-year option periods, plus an additional 6 months.

SERVICE AREAS: EST QUANTITY

Bismark, ND 150 New Vehicles, 30 Turn in Vehicles, and 150 Exchange Vehicles

FACILITIES

All offerors are required to have a facility located within 25 miles of the city limits of the service areas described above.

All facilities must have adequate secure storage for 100 vehicles. All proposed facilities will be inspected as a part of the evaluation of offers by the FSR. Facilities that lack adequate storage or security will not be considered for award.

OFFERORS ARE CAUTIONED THAT THE ESTIMATES PROVIDED ABOVE ARE ESTIMATES ONLY .

GUARANTEE:

(a) Notwithstanding inspection and acceptance by the Government or any provisions concerning the conclusiveness thereof, the Contractor guarantees and warrants that all materials furnished and all services performed under this contract will be free from defects in material and workmanship and will conform to the requirements of this contract for a period of ninety (90) days or 4,000 miles, whichever occurs first. The Contractor shall remedy all such defects at his own expense, in a timely manner at FMR’s discretion, but no later than one (1) workday after notification by the ordering office. Any such work will not be counted as part of the estimated daily requirements.

(b) The FMR shall give written notice of any such defect or non-conformance to the Contractor within the applicable warranty period, with a copy to the Contracting Officer. Such notice shall state that either (1) the Contractor shall correct or re-perform any defective or non-conforming materials or services, or (2) the Government does not require correction or re-performance. If the Contractor is required to correct or re-perform, it shall be at no cost to the Government.

(c) Should a warranty for new or rebuilt assemblies or subassemblies offered by a manufacturer or remanufacturer be longer than that stated above, it shall apply for such longer period.

BID SCHEDULE

STATEMENT OF WORK

This statement of work is intended to cover the Fleet Management Centers referenced above under “service areas”. This SOW will cover the receipt and pre-assignment preparation of new GSA IFMS Vehicles, the receipt, termination of assignment inspection, and pre-assignment preparation of vehicles to be turned in to GSA for reassignment, and the termination of assignment inspection of vehicles turned in to GSA FMC for disposal (sale). GSA contemplates the award of a single contract in the defined service area

DEFINITIONS

Group I Vehicle: includes sedans, station wagons, ambulances, buses, and trucks (including vans) 12,499 pounds Gross Vehicle Weight Rating (GVWR) and under.

Group 2 Vehicle: includes ambulances, buses, and trucks (including “dry freight” and “refrigerated” vans), special-purpose trucks, wreckers, and other special-purpose non-powered equipment, such as semi-trailers, 12,500 pounds Gross Vehicle Weight Rating (GVWR) and over.

New Vehicles: Vehicles received by or at GSA consignee delivery points that have not previously been assigned to any customer. The contractor may have to arrange for pick up at the consignee delivery points

Exchange Vehicle: Vehicles turned in to the contractor from a customer agency. Exchange vehicles may be designated for either sale or reassignment

Reassignment Vehicles: Vehicles that have been turned in to GSA from a customer for subsequent reassignment to a different GSA customer. These vehicles will be turned in at the contractors location

Sale Vehicles: Vehicles that are turned in to GSA for disposal under the national auction contract. These vehicles will be received at the contractors location for inspection prior to being picked up by the auction facility.

IFMS: Interagency Fleet Management System

FMC: Fleet Management Center

FSR: Fleet Service Representative – an employee of GSA assigned to the Fleet Management Center.

Pre-assignment preparation: Preparing either new or reassignment vehicles for pick up by the GSA customer.

PDI: (New vehicles only) Pre-delivery Inspection. This inspection should be completed by the contractor as referenced in this solicitation

ATTACHMENTS

Marshalling Services

GSA will provide each site with FMS2GO equipment so that vehicle information can be recorded. Each site MUST utilize this equipment while recording vehicle data. There will be no exceptions to this requirement.

CLIN 1. New vehicle receipt and inspection

This service includes receiving the vehicles directly from the manufacturers, completing a PDI, preparing the new vehicle for assignment by attaching license plate tags and any specialty equipment as directed by the GSA FSR (equipment provided by GSA), conducting a pre-release inspection of the new vehicle with each GSA customer, delivering the GSA Fleet Credit Card and Vehicle Packet for each new vehicle (provided by GSA) to the customer, releasing the new vehicle to the GSA customer, and preparing necessary documentation to forward to GSA FSR’s (provided by GSA)

The following tasks for the above line item shall be completed by the contractor:

Upon taking delivery new vehicles, the contractor will notify GSA that the vehicles have been delivered and will check the transportation documents from the carrier against the vehicles actually received for accuracy. Contact GSA immediately for instructions regarding any discrepancies.

1. Walk around visual inspection of vehicle with transport company delivery driver to ensure vehicle matches description on transport/lading documents, note any damages to the vehicles , discrepancies from descriptions order sheet, note it on Bill of Lading/transportation company checklist and sign for delivery

2. Complete the Pre-Delivery Inspection (PDI) In accordance with the manufacturers procedures. Remove the window stickers and vehicle information sheets from the vehicle and set them aside for the GSA FSR. Remove any decals and protective plastic coverings. Install antennae, hubcaps, license plate brackets and accessory fuses as necessary.) Install the GSA provided license plates (front and back) on each vehicle. Load all vehicle information utilizing FMS2GO equipment (provided by GSA)

3. Ensure that the vehicle has adequate fuel to be driven to the nearest fueling facility that accepts the GSA Fleet Services Credit Card. GSA will provide the vendor with a list of nearby stations that accept the Fleet Services Credit Card.

4. NOTE: Paragraphs 1-4 must be completed within 3 working days after receipt of new vehicles from the manufacturer

5. Upon completion of steps 1, 2, and 3, contact the GSA FSR (or the customer if directed by GSA) to inform GSA (or the customer) that the new vehicle is ready for assignment and to schedule a pick up date with the customer. If GSA contacts the customer, the FSR will notify the contractor of the scheduled pick up date.

6. On the date scheduled for pick up, the contractor shall pressure wash the exterior of the new vehicle prior to releasing the vehicle to the customer.

7. ) During the scheduled pick up, the contractor shall then conduct a walk around inspection of the vehicle to be assigned with the customer agency’s representative. If any discrepancies are noted by the customer agency representative the contractor shall note the discrepancies on the vehicle accountability form and must contact the GSA FSR immediately for assistance in resolving the issue. Do not release any vehicle that has been identified as having a discrepancy by the customer agency until approved to do so by GSA FSR.

8. ) If there are no discrepancies noted during the walk around inspections, or once any issues have been resolved, the contractor shall hand over the new vehicle packet containing the GSA Fleet credit card to the customer agency representative, obtain their signature on the vehicle accountability form (provided by GSA) , and release the vehicle. The contractor shall provide the original copy of the signed vehicle accountability form GSA FSR.

CLIN 1. Pricing Base Year 1st Option Period 2nd Option Period 11/1/13 – 10/31/14 11/1/14 – 10/31/15 11/1/15 – 10/31/16 Group 1 Vehicles $_______________ $________________ $_______________ Group 2 Vehicles $_______________ $________________ $________________ CLIN 2. Turn in of used vehicles for disposal

This service includes receiving a vehicle from the customer agency, inspecting the vehicle for damage and securing the fleet credit card, and securing the vehicle until transportation to sale facility.

NOTE: THESE SERVICES MAY BE PERFORMED AT THE SAME TIME AS SCHEDULED PICK UP IN LINE 1 ABOVE.

1. The contractor must complete a “walk around” inspection with the customer agency representative The contractor must note any damages or non-functioning items such as body damage, apparent mechanical defects, broken gauges, radio, check engine light, etc, on the vehicle accountability form (supplied by GSA) . Ensure that the vehicle has a spare tire, and tire changing equipment with it. Any damage, and/or discrepancies shall be noted on the vehicle accountability form. The agency representative should sign the form, and the vendor shall hold the form for the GSA FSR. The accountability sheet shall be delivered to the GSA FSR the same date the vehicle is turned in.

2. The contractor must ensure that the fleet card is secured at all times while in the contractor’s possession. Any unauthorized use or charges accruing on the card while it is in the contractor’s possession are the responsibility of the contractor.

NOTE: On vehicles identified by GSA as scheduled for disposal (sale) no further service are to be performed on the vehicle. GSA will arrange for transportation to the sale facility. The vehicles remain the contractors responsibility until such time as they are picked up for transportation to the sale facility. At the time of pickup the contractor shall receive a copy of the transportation condition report from the transportation company. The contractor must retain this report for delivery to the GSA FSR. For vehicles that are to be reassigned, see line item 3 below.

CLIN 2. Pricing Base Year 1st Option Period 2nd Option Period

11/1/13 – 10/31/14 11/1/14 – 10/31/15 11/1/15 – 10/31/16 Group 1 Vehicles $_______________ $________________ $_______________

Group 2 Vehicles $_______________ $________________ $________________ CLIN 3. Turn in of used vehicles for reassignment to another customer

This service includes receiving the vehicle from the customer agency, inspecting the vehicle for damage, ensuring that the vehicle has two matching license plates, and securing the fleet credit card for the vehicle, transporting the vehicle for repairs (if necessary) and cleaning or detailing the vehicle as ordered by GSA and assigning the vehicle to the customer

1. The contractor must complete a “walk around” inspection with the customer agency representative The contractor must note any damages or non-functioning items such as body damage, apparent mechanical defects, broken gauges, radio, check engine light, etc, on the vehicle accountability form (supplied by GSA) . Ensure that the vehicle has a spare tire, and tire changing equipment with it. Any damage, and/or discrepancies shall be noted on the vehicle accountability form. The agency representative should sign the form. If the agency representative will not sign the form, contact the GSA FSR immediately for assistance.

2. Ensure that the vehicle has two matching license plates and that the fleet credit card has been turned in with the vehicle. If any tag discrepancies are noted or if the fleet card is not supplied, it must be reported to the FMC immediately. The contractor must ensure that the fleet card is secured at all times while in the contractor’s possession. Any unauthorized use or charges accruing on the card while it is in the contractor’s possession are the responsibility of the contractor.

3. The GSA FSR will review the exchange vehicle accountability form prepared by the contractor and advise the contractor of any repairs to be made to the reassignment vehicle. It is not necessary that the contractor have on-site facilities to accomplish mechanical and/or body repairs.

4. If the contractor does not have the on-site capability to accomplish the repairs as directed by GSA, the GSA FSR will direct the contractor to transport vehicle to the nearest GSA approved repair facility.. Unless specifically authorized by this contract, the contractor is prohibited from driving or moving any GSA vehicle without the express authorization of the GSA FSR.

5. The contractor will be responsible for any transportation of the vehicle to and from such facility. Any costs for such transportation will be submitted on a round trip basis. Transportation pricing shall be provided on a per trip basis and supplied in line item 5 below

6. If the contractor does have on-site facilites for mechanical and/or body repairs, they must be listed as a GSA approved source for those services. DO NOT PERFORM ANY REPAIRS UNLESS AUTHORIZED IN ADVANCE BY THE GSA FSR. Failure to secure advance authorization will result in non-payment of unauthorized repairs. If the contractor is not a GSA approved source, please contact the GSA Fleet Management Center for assistance

7. Upon completion of any work ordered by the GSA FSR the contractor shall notify the GSA FSR (or the customer if directed by GSA) that the work has been completed and that the vehicle is ready for reassignment. Each vehicle must have adequate fuel when it is reassigned. If GSA contacts the customer, the FSR will notify the contractor of the scheduled pick up date. As in Contract Line Item 1, the customer may be turning in a used vehicle for re-assignment or disposal.

8. On the date scheduled for pick up, pressure wash the exterior of the vehicle. The contractor shall then conduct a walk around inspection of the vehicle to be assigned with the customer agency’s representative. If any discrepancies are noted by the customer agency representative the contractor must contact the GSA FSR immediately for assistance in resolving the issue.

9. If there are no discrepancies noted during the walk around inspections, or once any issues have been resolved, the contractor shall hand over the new vehicle packet containing the GSA Fleet credit card to the customer agency representative, obtain their signature on vehicle accountability form, and release the vehicle. The contractor shall provide the original copy of the vehicle accountability form to the GSA FSR.

CLIN 3. Pricing Base Year 1st Option Period 2nd Option Period

11/1/13 – 10/31/14 11/1/14 – 10/31/15 11/1/15 – 10/31/16 Group 1 Vehicles $_______________ $________________ $_______________

Group 2 Vehicles $_______________ $________________ $________________ IF ORDERED BY THE FSR, THE CONTRACTOR SHALL PERFORM THE FOLLOWING TASKS AS ADDITIONAL PRE-DELIVERY PREPARATION PRIOR TO ASSIGNING THE VEHICLE.

Note: It is not necessary that the vendor have on-site capabilities to perform the cleaning/detailingservices. Transportation to and from a carwash/detail shop will be allowed as in item. The GSA FSR will provide the name of an approved facitlity.

CLIN 4. Level I Cleaning: Level I cleaning includes the following items:

Exterior: Wash exterior, including glass, door jambs, tires, and wheel rims/covers; and inflate tires to recommended pressure.

Driver and passenger compartment. (i) Remove debris; (ii) vacuum floors and seats; (iii) clean dashboard, instrument panel, armrests, door panels, and rear shelf; (iv) clean ashtrays and glove compartment; and (v) wash windows.

Trunk. (i) Remove debris; (ii) vacuum; and (iii) position spare tire and tools.

CLIN 4 Level 1 Cleaning Pricing

Group 1 Vehicles $_______________

Group 2 Vehicles $_______________ C Level II Cleaning: includes all work under 2C, level I cleaning, and the following additional steps.

(1) Driver and passenger compartment. (i) Shampoo seats, dashboard, headliner, door panels, and floor covering; (ii) spray-dye floor carpets and mats; (iii) polish where appropriate; (iv) apply vinyl/rubber reconditioners where appropriate.

(2) Trunk. (i) Wash interior surface; and (ii) Spray-dye mats.

CLIN 4 Level II Cleaning Pricing

Group 1 Vehicles $_______________

Group 2 Vehicles $_______________ Level III Cleaning. Level III cleaning includes all steps in 2C (level 1 cleaning) and 2D (level II cleaning) above and the following additional work.

(1) Exterior: Wax and polish

(2) Engine compartment. (i) Clean major surface areas (air cleaner cover, battery, etc.); (ii) wash or steam clean, when necessary; (iii) additionally apply rubber conditioner or black tire paint to all tires; (iv) wash and blacken wheel splash shields; (v) apply touch-up paint to nicks and scratches.

CLIN 4 Level II Cleaning Pricing

Group 1 Vehicles only $_______________

CLIN 5. Transportation of vehicles for repair or cleaning.

This service includes moving the vehicle from the vendor’s facility to an approved GSA source for repair or cleaning only. These service will be ordered as necessary by the GSA FSR. The vendor must ensure that any driver transporting these vehicles has the appropriate valid drivers license for the state and type of vehicle to be moved.

NOTE: All transportation will be authorized at the time the repair or cleaning services are ordered. Transportation that is not authorized in advance will not be approved.

CLIN 5. Pricing

Group 1 Vehicles $_______________

Group 2 Vehicles $_______________

CONTRACT TERMS AND CONDITIONS

52.212-4 Contract Terms and Conditions—Commercial Items.

Contract Terms and Conditions—Commercial Items (Jul 2013)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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, contract 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 contract 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database 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 the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division 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 FAR 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 the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(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.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. 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.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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.

2. THE CONTRACTOR WILL PROVIDE:

(a) All labor, parts, equipment, tools, supervision and other items of service necessary to perform all of /services described within this solicitation, for all of the various types of vehicles described in the bid schedule, whenever required and ordered.

(b) The Contractor must designate one on-site contract employee and one on site alternate who empowered to enter and finalize negotiations in the Contractor’s name. This designation must be furnished to the Government in writing.

NOTE: Any Contractor personnel who operate GSA vehicles, to include movement within the maintenance compound/facility, must be properly licensed for that vehicle. A Commercial Driver's License (CDL) must be obtained where appropriate at no expense to GSA. GSA vehicles may not be used for road tests to obtain the CDL.

INSPECTION AND ACCEPTANCE

52.246-4

INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance,the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

52.246-16

RESPONSIBILITY FOR SUPPLIES (APR 1984) 46.316

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 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) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) above shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) above shall apply.

(d) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

E-FSS-7FC-102

INSPECTION AND ACCEPTANCE

Upon completion of the repair and/or services of each item, the Contractor shall inspect, test or check each completed end item to the extent necessary to verify compliance with contract terms and conditions prior to submission to the Government for inspection and acceptance.

E-FSS-7FC-122

VEHICLE SAFETY

Recognizing that the safety of the vehicle is paramount at all times, whenever a Contractor deficiency is directly related to vehicle safety, such as repairs to brake systems, running gear, fuel systems, or throttle linkage, etc., and has been officially reported to the Contracting Officer, and at the direction of the Contracting Officer, the Contractor shall correct such deficiency at no cost to the Government. In addition, until the deficiency is resolved, the Contractor may be instructed to stop work on all Government vehicles in his shop that are having repairs performed which are of the nature of the deficiency. Safety-related deficiencies found in vehicles or failure to correct such deficiencies, or otherwise comply with this clause, may be cause for termination for default.

DELIVERIES OR PERFORMANCE

F-FSS-285

WAIVER OF DELIVERY SCHEDULE (APR 1984)

(a) None of the following shall be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the Government's right to terminate for default: (i) delay by the Government in terminating for default; (ii) acceptance of delinquent deliveries; and (iii) acceptance or approval of samples submitted either after default in delivery or in insufficient time for the Contractor to meet the delivery schedule.

(b) Any assistance rendered to the Contractor on this contract or acceptance by the Government of delinquent goods or services hereunder, will be solely for the purpose of mitigating damages, and is not to be construed as an intention on the part of the Government to condone any delinquency, or as a waiver of any rights the Government may have under subject contract.

52.216-1

TYPE OF CONTRACT (APR 1984) 16.105

The Government contemplates award of a firm fixed price indefinite delivery – indefinite quantity contract resulting from this solicitation.

CONTRACT ADMINISTRATION DATA

52.204-7 System for Award Management.

System for Award Management (Jul 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

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

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor 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 the SAM database;

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

(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 offeror 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”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and…