24Q0025 Amendment.pdf

TERRANCE SANDIFER

RCO 29PALMS MCAGCC MAGTFTC BOX 788153

TWENTYNINE PALMS CA 92278

M350014476862-0001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Reason for the amendment is to answ er questions. To clarify offer due date is July 18, 2024.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 20

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Jul-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M6739924Q0025

X 9B. DATED (SEE ITEM 11)

18-Jun-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Jul-2024

CODE

REGIONAL CONTRACTING OFFICE-29 PALMS

BOX 788153 BLDG 1102 MAGTFTC MCAGCC

TWENTYNINE PALMS CA 92278-8153

M67399 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE M67399

FACILITY CODECODE

EMAIL:TEL:

M6739924Q0025

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

QUESTIONS AND ANSWERS

Q. On the "Equipment Salient Description List" the John Deere 772G/GP states it is required to have between 500-600 horsepower, according to the John Deere website this piece of equipment has 275 horsepower. Please advise if this is adequate.

A. 250-300 HP 44,000 – 50,000

Q. On the "Equipment Salient Description List" the John Deere 410 P-Tier Off-Road Dump

Truck states it is required to have between 350-400 horsepower and weight between

61,000LBS-65,000LBS, according to the John Deere website this piece of equipment has 441 horsepower and has an operating weight of 69,225. Please advise if this is adequate.

A. 425-450 HP 68,000-70,000 LBS

Q. On the "Equipment Salient Description List" the John Deere 350 P-Tier Tracked

Excavator states it is required to weigh less than 80,000LBS, according to the John Deere website this piece of equipment has an operating weight of 80,985. Please advise if this is adequate.

A. 80,000 to 82,000 LBS.

Q. On the "Equipment Salient Description List" the John Deere 410 P-Tier Backhoe states it is required to have between 70-80 horsepower according to the John Deere website this piece of equipment has 116 horsepower. Please advise if this is adequate.

A. 110-120 HP

Q. On the "Equipment Salient Description List" the John Deere 1050K Dozer states it is required to weigh less than 90,000LBS, according to the John Deere website this piece of equipment has an operating weight between 94,000-94,580. Please advise if this is adequate.

A. 350-360 93,000-96,000 LBS

Q. On the "Equipment Salient Description List" the CAT CS56B states it is required to have between 130-150 horsepower and to weigh between 22,000LBS-25,000LBS according to the CAT website this piece of equipment has 156.9 horse power and has an operating weight of 26,352LBS. Please advise if this is adequate.

A. 150-160 HP 25,000-27,000 LBS

Q. On the "Equipment Salient Description List" the CAT 623 states it is required to have between 250-275 horsepower and to weigh less than 60,000LBS according to the CAT website this piece of equipment has 407 horsepower and has an operating weight of

88,061LBS. Please advise if this is adequate.

A. 375-450 HP 80,000-90,000 LBS

Q. Can you please confirm that the bid date of July 18th is accurate?

A. The correct offer due date is July 18, 2024

The following have been modified:

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS—ADDENDUM

Quotes shall be complete and be organized into the following parts: Volume I – Price Quote , Volume II – Technical

Proposal and Volume III – Past Performance. Quotes shall include a Cover Sheet and, if applicable, Teaming

Arrangement/Joint Venture Documentation.

At a minimum, quotes must include the following to be eligible for award:

1. Cover Sheet with the following information:

1.1 Time specified in the solicitation for receipt of quotes: Thursday, July 18, 2024 at 1:00pm (PT).

1.2 Company name;

1.3 Company address and remit to address if different from mailing address;

1.4 Company telephone number;

1.5 Company e-mail address;

1.6 Company point of contact(s);

1.7 SAM registration expiration date;

1.8 CAGE code;

1.9 DUNS number;

1.10 Registration confirmation for NAICS code 532412;

1.11 Acknowledge Solicitation Amendments, if applicable;

1.12 Government Site visit is recommended see PWS for details.

2. Volume I: Price Quote and any discount terms with the following information:

2.1 Submit the Standard Form (SF) 1449, with blocks 12, 17a and b, and 30a through c completed with an original, authorized signature and the Contract Clauses section filled-in.

2.2 Quoters must submit pricing on the CLINS/Schedule of the SF1499 solicitation.

2.2.1 Quoter must submit an hourly labor rate in CLIN Descriptions on CLINS 0016.

2.3 Submit a copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)(2) for those representations and certifications that the Quoter shall complete electronically) and FAR 52.209-5.

2.4 If applicable, submit all pages of each solicitation amendment(s) (SF 30) with the original solicitation documents, signed by the same official authorized to sign the SF 1449.

2.5 Pricing shall be included by annotating the unit price under each CLIN respectively. The annotated unit price multiplied by the quantity shall equal the total amount for each CLIN and subCLIN. Quoted unit pricing shall be stated in no more than 2 decimal places. Any price quote containing unit pricing exceeding two (2) decimal places will be deemed an incomplete submission.

*See attached consolidated CLIN Equipment List Pricing Tool in PWS – Quoters may use this as a calculation tool, but are not required to submit. This tool WILL NOT be a substitute for the REQUIRED pricing on the

CLINS/Schedule of the SF1449 solicitation

3. Volume II: Technical Proposals shall include the following: (1) Technical Approach and (2) Quality Control

Plan.

Submit your technical proposal with the following information:

3.1 Part 1: Technical Approach:

3.1.1 Include a narrative on how Quoter plans to supply heavy equipment leasing to RMDD, MCAGCC Twentynine

Palms, CA., in accordance with (IAW) the objectives stated on the PWS. The Quoter must also provide a list of the proposed heavy equipment, with model specifications, to satisfy the Equipment Salient Description List, IAW the PWS.

3.2 Part 2: Quality Control Plan:

3.2.1 Must include a Quality Control Plan that includes a narrative of procedures the Quoter intends to use to ensure compliance with PWS paragraph 5 (Quality Assurance Surveillance). Must specify procedures that will be used to identify and prevent non-performance issues, and plan to correct such issues.

3.3.2 Must include a narrative of how quoter plans to ensure compliance with PWS paragraph 5, 6 and 7.

4. Volume III: Past Performance with the following information:

4.1 Submit a list of no more than three (3) recent and relevant contracts performed for Federal agencies or commercial customers as a prime contractor that demonstrates the ability to successfully perform the scope and breadth of the requirements as described in the PWS for this solicitation. Any past performance references in excess of the first three submitted will not be evaluated.

4.1.1 RECENT. The definition of recent as related to this solicitation includes performance within the last three years from the issue date of this solicitation;

4.1.2 RELEVANCE. Quoters shall identify what elements of each contract are deemed relevant to this solicitation.

Definitions of relevancy are as follows:

4.1.2.1 RELEVANT. Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires; and

4.1.2.2 NOT RELEVANT. Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

4.2 Submit the following information for each contract submitted for past performance evaluation:

4.2.1 Company/Division name;

4.2.2 Product/Service;

4.2.3 Contracting Agency/Customer;

4.2.4 Contract Number;

4.2.5 Contract Dollar Value;

4.2.6 Period of Performance;

4.2.7 Verified, up-to-date name, address, e-mail address, telephone number of the Government evaluator, contracting officer or customer POC responsible for procuring your services;

4.2.8 Comments regarding compliance with contract terms and conditions; and

4.2.9 Comments regarding any known performance deemed unacceptable by the customer or not in accordance with the contract terms and conditions, the resolution(s) implemented and results.

5. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement of the solicitation will result in a quote being excluded from consideration. However, Quoters may provide an alternate means of performance provided that they clearly identify any exception to the solicitation terms and conditions and provide a complete accompanying rationale. Exceptions taken to this solicitation are considered nonresponsive unless a quote is provided in accordance with this solicitation, and then a second quote is provided in accordance with FAR 52.204-22 Alternative Line Item Proposal.

6. Documents submitted in response to this solicitation must be fully responsive to and consistent with: (1) requirements of this solicitation; (2) Government standards and regulations; and (3) evaluation factors for award.

7. All quotes must be submitted in 12-point Times New Roman font, single-spaced, and single sided.

ALL OF THE TIME AND DATE REFERENCES FOR RECEIPT OF QUOTES IN THIS ADDENDUM SHALL

BE SUPERSEDED BY ANY SUBSEQUENT SOLICITATION AMENDMENTS THAT EXTEND THE TIME

AND DATE FOR RECEIPT OF QUOTES.

All quotations are to be submitted electronically to terrance.t.sandifer@usmc.mil and anthony.story@usmc.mil or may be hand delivered to:

Mr. Terrance Sandifer

Mr. Anthony Story

MAGTFTC/MCAGCC

Regional Contracting Office

Building 1102, Door 21

Twentynine Palms, CA 92278

Due to data processing procedures within the DoD Network, please submit all electronic attachments in PDF Format only.

FAXED QUOTATIONS WILL NOT BE ACCEPTED

For quotes delivered by hand, Quoters are advised that entry to the installation is restricted, and Quoters are directed to familiarize themselves with the entry control location and process. Entry processing time is unpredictable and can be lengthy. The addressee indicated above may be able to facilitate entry processing, but is not required to do so, and inability to gain access shall not excuse late delivery.

If quotes are submitted in different formats requiring different delivery methods, the quote of record shall be the last complete version received prior to the deadline.

For email quotations, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(f) or FAR 52.215-1(c)(3), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government’s control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Quoters are specifically warned that email may be subjected to spam filters or attachment stripping.

All transmissions must clearly state the solicitation number and the name of the contracting officer on the first page to ensure proper receipt. Attention is directed to FAR 52.212-1(f), concerning late submissions. Quoters are responsible for allowing adequate time for transmission to be completed. The Quoter bears the risk of non-receipt of transmissions, and should ensure that all pages of the quote (and any authorized modifications) have been received by the designated office before the deadline indicated. Pages of a transmission that arrive after the deadline will not be considered.

By submission of its quote in accordance with the instructions provided in this clause, FAR 52.212-1, Instructions

To Offerors, the Quoter agrees to the terms of this solicitation.

(End of provision addendum)

PERFORMANCE WORK STATEMENT

Performance Work Statement

RMDD Heavy Equipment Leasing and Rental

1.0 INTRODUCTION

This is a Firm-Fixed-Price, Indefinite Delivery/Indefinite Quantity (IDIQ) contract for one (1) base year and four

(4) one-year option periods to supply heavy equipment leasing services in direct support of the Marine Air Ground

Task Force Training Command (MAGTFTC), Range Management and Development Division’s (RMDD) mission aboard the Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms, CA. The contractor provided heavy equipment shall be assigned to qualified U.S. Government heavy equipment operators. Leased equipment will be operated at a maximum level of 8 hours per day. All heavy equipment shall be safe and fully operational. See Section 6 of PWS: CLIN Equipment List.

MCAGCC Twentynine Palms, CA is approximately eleven hundred and eighty-nine (1189) square miles of real estate, which consists of mainly Operational Training Ranges, Command Instruction Areas, and Exercise Support

Areas. Contained within this footprint are three hundred and three (303) miles of Main Service Roads (MSRs) and

117 Miles of Alternate Service Roads (ASRs). RMDD’s mission consists of maintaining and repairing all

MSRs/ASRs, (41) Ranges, (10) Forward Operation Basses (FOBs) and (8) Combat Outposts (COPs), (29)

Training Areas, and (1) Field Ammunition Supply Point. Leased heavy equipment will be used in support of this mission.

2.0 SCOPE OF WORK

The contractor shall furnish all heavy equipment, maintenance services, repair services, and transportation to provide heavy equipment leasing services to MAGTF Training Directorate (MTD) specifically the RMDD. The contractor shall be responsible for complying with all applicable federal, state, and local regulations including, but not limited to, Environmental Protection Agency (EPA) and California Air Resources Board (CARB) regulations.

During the duration of service, the equipment on the Equipment Salient Description List below will be required on both an annual and as needed basis (i.e., in direct support of emergencies or additional mission requirements on-board the installation). All as needed heavy equipment may be required for periods ranging from 30 days or more.

Pricing will be Firm Fixed Price (FFP) with all applicable pickup and delivery fee rates included.

3.0 CONTRACTOR REQUIREMENTS

The contractor shall provide all essential services required to keep the equipment in safe, fully operational condition in accordance with (IAW) the Original Equipment Manufacturer (OEM) and commercial standards. All heavy equipment provided by the contractor must be a 2017 model year or newer and not have over 5,000 operation hours. All equipment must also meet the California emission standards and have the California authorized CARB registration stickers attached.

3.1 Delivery Inspections. Prior to the delivery of equipment, the contractor must conduct an equipment inspection to ensure there are no mechanical malfunctions and the delivered equipment is fully operational. Contractor must pay particular attention to inspecting the engine, transmission, brakes, lubrication, cooling system, tire pressure, battery fluid and charge levels, and all other essentials in accordance with (IAW) with OEM’s and commercial industry standards.

3.2 Equipment Condition. The contractor shall deliver heavy equipment that is fully operational, safe, and completely fueled, to the designated delivery location aboard MCAGCC. All equipment must be delivered on the confirmed delivery date. The contractor shall be responsible for providing drivers who will deliver and pick-up the equipment. The contractor must off load and on load heavy equipment for the Government. The contractor will call to coordinate pickup and delivery of equipment through Contracting Officer’s Representative (COR). The Government receiving acknowledgment will be based on the delivered equipment meeting the minimum acceptable standards. IAW OEM commercial standards, the spark arrester must be on all naturally aspirated engines. All factory guards shall be in place and in functional condition (i.e., engine compartment, radiator protection, rock guard for a main lift cylinder, etc.). Failure to pass equipment inspections and loss to the Government’s operational capacities may result in negative CPARS evaluations.

3.2.1 Equipment Exterior and Interior Condition: The exterior and interior of the equipment must be free of excessive soil, rust, and damage. The Government will document any minor discrepancies upon arrival. Due to desert environment conditions and the nature of long-term equipment leasing, the Government will not be held liable for normal wear and tear, to include the degradation of leased equipment exterior surfaces.

3.2.2 Safety items: Equipment must meet all safety and manufacturer requirements and have, as a minimum, the following safety features: seatbelts, view mirrors, rear view cameras

(where applicable), windshield wipers, lights, parking brake, horn and an audible reverse warning device (backup alarm) of 87 decibel or greater measured at five feet behind and in the center of the equipment, a multipurpose 1A 10BC fire extinguisher that is securely mounted to the equipment and accessible by the operator with current inspection tags (annual, 6 year W912EF-17-Q- 0078), and be hydro test on all dry powder, metal fire extinguishers as per commercial industry standards.

3.2.3 Tires: Tires shall have load ratings in accordance with the vehicle Gross Vehicle

Weight Ratings (GVWR). All tires on supplied heavy equipment, including the spare tire if equipped, shall have sound sidewalls, body and tire tread depth that must be at a minimum 50% or better than the OEM’s commercial standards for maximum tread wear.

3.2.4 Heating and Air Conditioning (A/C): Contractor shall ensure that heating and A/C systems remain in working condition at all times. Upon failure of the heating and A/C systems, the contractor shall restore to full operation within three (3) days of notification. If the contractor elects to replace the equipment, the new equipment must meet the same commercial standards as the equipment replaced. Equipment wear and tear replacement will be an operational cost to the contractor and will not result in additional cost to the Government.

3.2.5 Closed Cab: Contractor shall ensure all requested equipment arrives with an industry standard enclosed cab to include windows, locking cab doors, and a sealed roof. All windows, doors, and roofs shall not be damaged and in serviceable condition with proper seals from inclement weather conditions.

3.3 Scheduling Repairs: The contractor shall schedule and coordinate with COR all heavy equipment preventative maintenance (PM) services at least seven (7) working days prior to the maintenance. PM services must be performed under commercial and OEM standards. The contractor shall be responsible for all major wear and tear failures to all supplied equipment, including but not limited to bald/defective tires, wear pads, batteries, windshield wipers, engine, transmission, and any system operational malfunction.

3.4 Emergency Equipment Failure: If equipment fails to operate properly or needs major repair, the

Government shall immediately cease operation of the equipment and notify the contractor within

24 hours. The contractor has one (1) day, including weekends, to respond and arrange for repairs of the equipment. If the equipment is non-operational for more than two (2) days, replacement equipment shall be provided at no additional cost to the Government. Normal wear and tear labor and repair costs will be the responsibility of the contractor. This cost shall include any service call to determine repair estimates.

3.4.1 Recovery and Replacement: Upon proper notification, the contractor shall recover disabled vehicles. This service should be available 24 hours a day, 7 days a week. If such recovery service is not available, alternatives at no cost to the Government must be organized and agreed to by the COR. Recovery location will be at the location where the failure occurred. Any extended delays due the lack of immediate replacement and loss to the Government’s operational capacities, will result in liquidated damages as penalties for the contractor.

3.5 Preventative Maintenance and Corrective Maintenance: The Contractor shall be responsible for all preventative maintenance (PM) and corrective maintenance (CM) on leased equipment.

Preventative maintenance is the regular and routine maintenance of the equipment to keep the equipment operational and to prevent any unexpected equipment failure. Corrective maintenance are repairs that are performed to rectify and repair faulty equipment due to normal wear and tear.

When the repair technician finds an issue which requires corrective action during PM service, the contractor shall notify the COR prior to the approval and execution of CM repairs.

3.6 Repairs During Business Hours: When conducting onsite repairs, repair technicians shall conduct repairs during normal business hours. Normal work hours are Monday through Friday from 0730-1600 (PT), excluding official holidays. The contractor shall discuss repair findings with the COR prior to executing such repairs. When repair technician finds an issue which requires corrective action during scheduled preventative maintenance, the contractor shall notify the COR prior to the approval and execution of the additional CM repairs. All repair technicians shall check in and out with Government personnel before and after repairs to discuss any findings.

3.7 Scheduled and Unscheduled Maintenance and Repairs: The contractor shall perform both scheduled and unscheduled maintenance and repair services while making every possible effort to minimize equipment downtime. The contractor must be prepared to provide all parts, labor, tools, and expertise necessary to complete required maintenance and repair tasks. The contractor must be prepared with a parts inventory that supports the on-site maintenance and repair services.

3.8 Over and Above Repairs: The contractor shall follow the procedures in DFARS 252.217-7028, Over and Above Work for the suspected damage caused by the Government. The damage report must be submitted to the COR for investigation and review prior to any authorization for repair from the Contracting Officer. All repair labor pricing for Government at fault repairs will be charged per the FFP contractual hourly rate. Replacement parts and material for Over and Above

Repairs shall be determined fair and reasonable prior to performing the work. Should it be determined the damage is a direct result of Government misuse or abuse, the Government will issue a task order.

3.9 Accidents: The contractor shall provide an emergency contact sheet, posted inside the equipment, that the operator can utilize in the event of an accident. The contractor must include, at a minimum, contact information and procedures for handling the reporting of the accident. In the event of an emergency, Government personnel operating the equipment must report the mishap to the COR as soon as possible.

3.10 Insurance: The contractor shall maintain liability insurance for any damage or third-party liability. The contractor shall maintain a copy of all proofs of required insurance and shall make copies available to the Contracting Officer upon request. In accordance with FAR 52.228-5, Insurance on a Government Installation, the contractor, at its own expense, shall acquire and thereafter maintain the following kinds of insurance with respect to performance under this contract:

(a) Workmen’s Compensation Insurance, or equivalent workmen’s compensation coverage, as required or prescribed by law, with minimum employer liability of $100,000 for accidental bodily injury or death, or for occupational disease.

(b) Comprehensive General Liability with minimum limits of $500,000 per occurrence for bodily injury.

(c) Comprehensive Automobile Liability with minimum limits of $200,000 per person and $500,000 per accident or occurrence for bodily injury, and $20,000 per occurrence for property damage.

4.0 GOVERNMENT REQUIREMENTS

4.1 During the period of performance and after initial delivery of the equipment, the Government will be responsible for fueling the heavy equipment. During the equipment return process, the

Government will top off all fuel tanks.

4.2 During the period of performance, the Government will assume responsibility for the replacement of all grader cutting edges and front-end loader bucket teeth. The Government will only use authorized matching replacement parts.

4.3 4.3 Daily maintenance inspection shall be provided by a qualified U.S. Government heavy equipment operator. The Government will record preventative maintenance examinations on all leased equipment and shall provide available documentation upon request.

4.3.1 Operator maintenance inspection: Inspections will consist of daily fluids checks (oil, hydraulic, transmission, coolant) adding if needed, and conduct a 360 degree walk around inspection. The operator will inspect:

(a) Daily fluid level checks, (oil, hydraulic fluids, brake fluid, transmission fluid, and coolant) and top off fluid levels as needed.

(b) 360 Degree visual walk around inspections.

(c) Inspection of hydraulic lines for leaks and cracks.

(d) Inspection of all Tires, pressure, and wear.

(e) Inspection of all attachments for serviceability and safety issues.

(f) Air filters as needed.

(g) Inspection of all grease fittings after every 8 hours of operations.

(h) Inspection as needed for lubrication to hinges or latches on panels or doors.

(i) Inspection of battery fluid levels, corrosion, and terminal link closures.

4.4 The Government will wash the equipment prior to the contractor pick up.

4.5 The Government shall not make any alterations or improvements to the equipment.

5.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The contractor’s performance shall be evaluated and monitored in accordance with the below table.

Outcome Performance Inspection Incentive

Stakeholder

Outcome

PWS

Para.

No.

Standard

Acceptable

Quality

Levels

Inspector

Method of

Inspection, Frequency

Performance

Incentive

Provide heavy mobile equipment that is operationally ready, safe, and reliable.

3.2

Equipment delivered for use will be ready to operate and be reliable for continued use.

90%; No more than 1 valid complaint for every 10 pieces of equipment delivered for use.

COR

100% Inspection

Continuous observation

Review of all customer complaints.

Positive

CPARS

evaluation

Deliver requested equipment within the stated time frame.

3.1, 3.2

Deliver the specific type or acceptable substitute equipment.

Deliver equipment on the agreed upon date.

90%; No more than 1 valid complaint for every 10 pieces of equipment delivered for use.

complaints.

Positive

CPARS

evaluation

Perform required maintenance services to return the equipment to a fully operational condition.

3.3-

3.4

Upon notification of malfunction, repair equipment to fully operational condition.

95%; Be on site to commence repair work no more than 48 hours after notification.

95%; Make equipment operational and safe on the agreed upon date.

complaints.

Positive

CPARS

evaluation

EQUIPMENT SALIENT DESCRIP LIST

6.0 CLIN EQUIPMENT LIST – WITH SALIENT CHARACTERISTICS

Equipment Salient Description List

CLIN QTY Equipment Brand Name Required Salient Characteristics

(Physical, Functional and Performance)

0001, 1001, 2001, 3001, 2 Annually Front End Loader John Deere

824 P-Tier or equivalent

1. 55,000-65,000 lbs weight

2. 300-400 horsepower

3. 4-wheel drive

4. 5.25-6 cu yd bucket capacity

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. Quick disconnect to facilitate changing from smooth bucket to rock bucket or heavy-duty forks.

8. Rock Guard for the Main Lift

Cylinder

9. Must include smooth bucket, rock bucket, and heavy-duty forks.

10. Rear view camera

11. Radial Tires

12. Must include Operator’s Manual

13. Must include an appropriate fire extinguisher.

14. One front end loader with hydraulic forks and the second one with manual forks

0002, 1002, 2002, 3002, 2 Annually Road Grader John Deere

772 G/GP or equivalent

1. 44,000-50,000 lbs weight

2. 250-300 horsepower

3. All wheel drive capable

4. 14-16-foot-wide blade

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. Rear Mounted Ripper

8. Front Mounted Counterweight

(Push Block)

9. Rear View Camera

10. Radial Tires

11. Must include Operator’s Manual

12. Must include an appropriate fire extinguisher.

0003, 1003, 2003, 3003, 1 Annually Off-Road Dump

Truck

John Deere

410 P-Tier or equivalent

1. 68,000-70,000 lbs empty weight

2. 425-450 Horsepower

3. 18-20 cu yd cargo capacity

4. NO tailgate

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. Rear View Camera

8. Radial Tires

9. Must include Operator’s Manual

10. Must include an appropriate fire

0004, 1004, 2004, 3004, 2 Annually Compact Track

Loader

Bobcat T770 or equivalent

(Prefered)

1. 10,000 – 12,000 lbs

2. 90-100 Horsepower

3. 6-6.7 feet wide bucket

4. Enclosed (Sealed) Cab with climate control, heat, and A/C

5. Must include Smooth Bucket and

Manually adjustable Forks.

6. Hydraulic lift arms for attachments

7. Rear View Camera

8. Must include Operator’s Manual

9. Must include an appropriate fire

0005, 1005, 2005, 3005, 1 Annually Water Truck International or equivalent

1. Less than 25,000 lbs empty weight

2. 300-350 Horsepower

3. Dual Axle, 10 Wheel

4. Automatic Transmission

5. 4000-gallon capacity

6. 4 corner sprayers and side sprayers on both sides

7. Capable of filling from the top or from a standard 2 ½ inch fire hose quick connector

8. Must include leak free fill hose and fire hydrant wrench.

9. Must include Operator’s Manual

0006, 1006, 2006, 3006, As Required Tracked Excavator John Deere

350 P-Tier or equivalent

1. Less than 80,000 to 82,000 lbs operating weight

2. 230-275 Horsepower

3. 2.25 – 3 cu yd rock bucket

4. 24-30 ft max digging depth

5. Rock bucket and thumb

6. Air ride seat

7. Rear view camera

8. Operator’s manual

9. Fire Extinguisher

0007, 1007, 2007, 3007, As Required Compact (Mini)

Excavator

John Deere 50

P-Tier or equivalent

1. 9,000-11,000 lbs weight

2. Appx 40 Horsepower

3. 24 in rock bucket and thumb

4. 11-12 ft digging depth.

0008, 1008, 2008, 3008, As Required Front End Loader John Deere

824 P-Tier or equivalent

1. 55,000-65,000 lbs weight

2. 300-400 horsepower

3. 4-wheel drive

4. 5.25-6 cu yd bucket capacity

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. Quick disconnect to facilitate changing from smooth bucket to rock bucket and heavy-duty forks.

8. Rock Guard for the Main Lift

Cylinder

9. Must include smooth bucket, rock bucket, and heavy-duty forks.

10. Rear view camera

11. Radial Tires

12. Must include Operator’s Manual

13. Must include an appropriate fire

14. Manual forks

0009, 1009, 2009, 3009, As Required Backhoe John Deere

410 P-Tier or equivalent

1. 17,000 – 18,000 lbs weight

2. 110-120 Horsepower

3. 4-wheel drive capable

4. Rock Bucket

5. 15-16 ft digging depth.

0010, 1010, 2010, 3010, As Required Dozer John Deere

1050K or equivalent

1. 93,000- 96,000 lbs operating weight

2. 350-360 Horsepower

3. 12.5-13 ft wide

4. Enclosed (Sealed) Cab with climate control, heat, and A/C

5. Air Ride Suspension Seat

6. Must include Operator’s Manual

7. Must include an appropriate fire

8. Rear view camera

0011, 1011, 2011, 3011, As Required Single Drum

Vibratory Roller

Cat CS56B or equivalent

1. 25,000-27,000 lbs operating weight

2. 150-160 Horsepower

3. Single drum

4. 80-90” wide drum

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. Must include Operator’s Manual

8. Must include an appropriate fire

9. Rear view camera

0012, 1012, 2012, As Required Scraper, Self-Loader Cat 623

Elevating

Scraper

1. 80,000-90,000 lbs operating weight

2. 375-450 Horsepower

3012,

3. 12-17 cu yd capacity

4. Self-loading

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. Must include Operator’s Manual

8. Must include an appropriate fire

0013, 1013, 2013, 3013, As Required

Off-Road Dump

Truck

John Deere

410 P-Tier or equivalent

1. 61,000-65,000 lbs empty weight

2. 350-400 Horsepower

3. 18-20 cu yd cargo capacity

4. NO tailgate

5. Enclosed (Sealed) Cab with climate control, heat, and A/C

6. Air Ride Suspension Seat

7. No Tailgate

8. Rear View Camera

9. Radial Tires

0014, 1014, 3014, As Required

Water Truck International or equivalent

1. Less than 25,000 lbs empty weight

2. 300-350 Horsepower

3. Dual Axle, 10 Wheel

4. Automatic Transmission

5. 4000 gallon capacity

6. 4 corner sprayers and side sprayers on both sides

7. Capable of filling from the top or from a standard 2 ½ inch fire hose quick connector

8. Must include leak free fill hose and fire hydrant wrench.

9. Must include Operator’s Manual

0015, 1015, Over and Above

PARTS Fair and reasonable market pricing for parts

0016, 0016, 1016, 2016, Over and Above

Labor TBD

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and

10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

(41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see

FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

X (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

X (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY

2024) (42 U.S.C. 7671, et seq.).

X (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41

U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL

2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting

Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014)

(29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and

Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and…