Performance of Work Statement DRAFT.pdf

DRAFT

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PERFORMANCE WORK STATEMENT (PWS)

SOUTHWEST REGION FLEET TRANSPORTATION (SWRFT)

CONTRACTOR-OPERATED PARTS STORE (COPARS)

1. INTRODUCTION

The purpose of this requirement is to provide repair parts, replacement components, supplies, materials, equipment and services in support of automotive, forklift, heavy equipment, material handling, construction, and civil engineering equipment maintenance, via a staffed or unstaffed on-site parts store or contractor-owned consignment inventory, on-demand delivery service, or a combination of two or more methods. This effort supports the United States Marine Corps (USMC) Southwest Region Fleet Transportation (SWRFT) division, which consist of seven (7) sites throughout California and Arizona.

SWRFT is responsible for the management, readiness, and operational support of vehicles and equipment that support Marine Corps installation commanders and tenant activities located in the Southwestern United States. The SWRFT consists of Southern California Region sites at Marine Corps Base (MCB) Camp Pendleton, CA; Marine Corps Air Station (MCAS) Miramar, CA; Marine Corps Recruit Depot (MCRD) San Diego, CA; Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms, CA; Marine Corps Logistics Base (MCLB) Barstow, CA;

and Marine Corps Mountain Warfare Training Center (MCMWTC) Bridgeport, CA; and Marine Corps Air Station (MCAS) Yuma, AZ located outside the Sothern California region.

2. SCOPE

2.1 The Contractor shall provide all labor, material, and equipment needed to provide the required parts, materials, and services to the following SWRFT locations by the most efficient means possible:

Marine Corps Base Camp Pendleton, Building 22151, Camp Pendleton, CA www.pendleton.marines.mil/

Marine Corps Air Ground Combat Center Twentynine Palms, Building 1920, Twentynine Palms, CA.

www.29palms.marines.mil/

Marine Corps Air Station Miramar, Building 6317, San Diego, CA www.miramar.usmc.mil/

Marine Corps Logistics Base Barstow, Building 590, Barstow, CA www.mclbbarstow.marines.mil/

Marine Corps Recruit Depot San Diego, Building 231, San Diego, CA www.mcrdsd.marines.mil/

Marine Corps Air Station Yuma, Building 603, Yuma, AZ https://www.mcasyuma.marines.mil/Unit- Home/

Marine Corps Mountain Warfare Training Center Bridgeport, Building 1040, Bridgeport, CA www.29palms.marines.mil/mcmwtc/

2.2 Contractor shall provide and deliver to each location identified above new and remanufactured/rebuilt parts and materials commercially available from automotive, forklift, and heavy equipment industry parts suppliers. Parts and services shall be provided to authorized Government personnel only (refer to para.

4.1.1).

2.3 Under this contract, all SWRFT sites require daily availability and/or delivery of parts, supplies, materials, and service. The required daily service at SWRFT sites includes administrative service for business matters such as placing orders, reconciling backorders, parts research, parts return, parts warranty, etc. Contractor performance may be accomplished from a non-government location or by operating a Contractor-Operated Parts Store (COPARS) and/or a contractor-managed inventory at any, all, or none of the SWRFT sites. Space in Government facilities at each SWRFT site is offered, but is not required to be http://www.pendleton.marines.mil/ http://www.29palms.marines.mil/ http://www.miramar.usmc.mil/ http://www.mclbbarstow.marines.mil/ http://www.mcrdsd.marines.mil/ https://www.mcasyuma.marines.mil/Unit-Home/ https://www.mcasyuma.marines.mil/Unit-Home/

A-2 used. The contractor is expected to meet all the requirements of this PWS and do so by the most cost effective means possible.

2.4 Definitions

2.4.1 Accessory. Any item(s) to be attached to or used in connection with a motor vehicle or major piece of equipment to add to its operation, utility, or ornamentation.

2.4.2 Actual Parts Manufacturer. A manufacturer of vehicle parts supplied directly to original equipment manufacturers (OEM) for incorporating into the production vehicles or for resale as replacement parts.

2.4.3 After Market Parts/Common. Parts that are new and obtainable from sources other than the Original

Equipment Manufacturers (OEM).

2.4.4 Authorized Government Personnel. Personnel identified by the Contracting Officer or Contracting Officer Representative to place orders and receive parts, materials, supplies and services under this contract.

2.4.5 Base Price. The price used to calculate the gross cost to the Government, i.e., the price from which discounts are taken or otherwise used to arrive at the net price bill under the contract.

2.4.6 Cannibalized Part. A salvageable part from another vehicle, which is used to make repairs and/or make a vehicle operational.

2.4.7 Captive Part. A part that is manufactured by a third party and packaged for sale by the OEM with the OEM's identification on the package

2.4.8 Centrally Managed Parts. Any part centrally procured, stocked, and issued by a specific federal agency for which existing regulations, directives or laws require procurement of such parts from the managing federal agency.

2.4.9 Commercial Vehicles. A commercial motor vehicle is an item of equipment, mounted on wheels and designed for highway and/or land use that (a) derives power from a self-contained power unit, or (b) is designed to be towed by and used in conjunction with self-propelled equipment that is available on the open market to the general public and commercial business concerns.

2.4.10 Common and Rebuilt Parts. Parts that (1) are produced/rebuilt by more than one manufacturer and are generally available through the general, non-specialized auto parts trade, (2) are available from more than one source of supply in the general commercial replacement parts system, or (3) have application on more than one make of vehicle or major sub-assembly; for example, if a particular part for an International Harvester vehicle can only be obtained from International Harvester or their dealers, the part is Original Equipment Manufacturer (OEM) . However, if the part or a substitute part can be obtained also from other manufacturers or dealers, the part is common regardless of where it is obtained; e.g., seal for a Ford vehicle which can be obtained from a source other than the Ford parts distribution system is “common” even though the box it comes in may be marked “For Ford Model T 1918 Year.” This definition includes new and rebuilt parts such as ignition components, electrical system components, seals, bearings, exhaust system hoses, etc., that are available in the normal across-the counter trade. It does not include parts with specialized application such as parts peculiar to fire engines, emergency equipment, refuse handling equipment, or similar equipment.

2.4.11 Consignment Inventory. An inventory of parts, materials, and supplies that are assigned to a non-

COPARS location to support the Fast Moving Parts needs of that location. These parts/materials remain the property of the Contractor until an authorized Government employee removes the part from the shelf for application to a Government vehicle.

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2.4.12 Contract Administration. The stage of the contracting cycle in which the Contracting Officer ensures that the total contract is being followed, makes necessary changes to the contract, and assures progress toward contract completion.

2.4.13 Contracting Officer. The individual with the congressionally mandated legal authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government.

2.4.14 Contracting Officer’s Representative. An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. This person is responsible for administering contract terms and conditions per the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), Navy and Marine Corps Acquisition Regulation Supplement (NMCARS), Marine Corps Acquisition Policy & Procedures (MAPP) and other implementing regulations.

2.4.15 Contractor. The term “Contractor” as used herein refers to both the prime Contractor and his employees, and any subcontractors and their employees. The Contractor shall be responsible for assuring that his subcontractors comply with the provisions of this contract.

2.4.16 Contractor-Operated Parts Store (COPARS). A Contractor-operated commercial type vehicle parts store located on a Government installation that furnishes parts to authorized Government personnel per contract requirements.

2.4.17 COPARS Operations. All service tasks required to perform this contract, to include (but not limited to): ordering, deliveries, research, data base entries, reporting, and other administrative actions. These tasks fall under the contract line item (CLIN) titled “Operations” and will be paid on a monthly firm fixed-price basis, pending Government acceptance.

2.4.18 Delivery Driver Labor. Deliveries that require drivers to make delivery trips to various SWRFT sites will be performed on an as-needed basis. Payment will be made for actual hours expended from origin site to destination site, and back to origin site. This task falls under the contract line item (CLIN) titled “Delivery Driver” and will be paid on a Times and Materials (T&M) labor-hour basis, pending Government acceptance.

2.4.19 Exchange Parts. Serviceable parts having a credit value which can be applied against new or rebuilt parts and which are acceptable for exchange as a normal commercial practice. The Government will provide the defective part in exchange for an identical rebuilt part. The exchange parts value is determined by the resources required to complete the rebuild (i.e., labor and parts). Cost is also determined by industry standard practices, which include market research, price comparison, historical data, expert knowledge etc.

2.4.20 Fast Moving Parts. Those price listed or non-price listed parts for which the inventory turnover rate is sufficient to warrant continuous “on the shelf” availability. Parts averaging three or more demands during a one month period, minimum, over the previous six months shall be considered fast moving parts for the next six month period. The stock level of each Fast Moving Part will be the average monthly demand over the 6 month period.

2.4.21 Non-Price Listed Parts (NPL). Vehicle and equipment parts for which price lists are not commercially (off the shelf) available.

2.4.22 Operator’s Care and Preservation Supplies. Any supply item which is required in the routine upkeep of a vehicle but which is not required to render the vehicle operational. Examples are cleaners, polish, wax, surface protectant, wiping cloths.

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2.4.23 Original Equipment Manufacturer (OEM). A manufacturer that assembles complete vehicles, either commercial or military, whether assembled from parts of its own manufacture or from parts or components furnished by other manufacturers or a combination of both.

2.4.24 Original Equipment Manufacturer (OEM) Parts. A part that may only be obtained from an original equipment manufacturer.

2.4.25 Parts Order. A demand on the Contractor for parts/supplies/materials by authorized Government personnel identified by a shop Work Order, or the equivalent.

2.4.26 Parts Rebuilder. A manufacturer that rebuilds used vehicle parts, including engines and transmissions, to the original manufacturer’s minimum performance specifications.

2.4.27 Parts Re-Manufacturer. A manufacturer who rebuilds unserviceable vehicle parts to place them in a serviceable condition meeting standards established by the industry. These may include original equipment manufacturers, actual parts manufacturers, replacement parts manufacturers, or other type manufacturers.

2.4.28 Premium Freight Transportation. A package transport service that costs more than a normal US Postal

Service ground parcel post delivery service used by the Contractor in non-emergency, daily business transactions.

2.4.29 Price Listed Items. Vehicle/Equipment repair parts, materials, supplies and accessories that are included in retail price lists established and provided by the Contractor. Payment for parts furnished under an applicable price list shall be at the Retail List Price less the applicable discount.

2.4.30 Quality Assurance. Those actions taken by the Government to assure Contractor performance meets the requirements of the contract.

2.4.31 Quality Assurance Surveillance Plan. An organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractor.

2.4.32 Quality Control. Those actions taken by a Contractor to control the quality of goods or services so that they will meet the requirements of the contract.

2.4.33 Rebuilt/Remanufactured Parts. Parts which have been dismantled and reconstructed as necessary; all internal and external parts cleaned and made free from rust and corrosion; all impaired, defective or substantially worn parts restored to sound condition or replaced with new, rebuilt, or unimpaired used parts; all missing parts replaced with new, rebuilt or unimpaired used parts and such other operations performed as are necessary to put the product in sound working condition. Rebuilt or used parts must conform to the original equipment manufacturer’s reconditioning tolerances.

2.4.34 Replacement Parts Manufacturer. A manufacturer of vehicle parts suitable for replacement or repair of parts and accessories which were included in the production vehicle. This includes the original equipment manufacturers that produce replacement automotive parts and accessories.

2.4.35 Slow Moving Parts. Those price listed parts for which the inventory turnover is insufficient to warrant continuous “on the shelf” availability.

2.4.36 Standard. An acknowledged measure of comparison.

2.4.37 Standard Definitions. Definitions of specific terms and phrases used in this contract to improve communication between the Government and the Contractor.

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2.4.38 Suggested List Price. The price shown in the manufacturer’s or distributor’s price list under the column headed “Suggested List Price for Retail”, or other terminology which positively identifies the price from which dealers normally compute their trade discount.

2.4.39 Vehicle Deadlined For Parts. Vehicles rendered inoperative due to lack of parts or accessories.

2.4.40 Vehicle Repair Parts. Those items required to render a vehicle complete and operational for its intended purpose. This includes repair parts, assemblies and sub-assemblies, accessory items, overhaul and repair kits, etc., but does not include operator’s care and preservation supplies.

2.5 Standard Abbreviations. Complete spelling of commonly used abbreviations in this contract.

CLIN Contract Line Item Number COPARS Contractor-Operated Parts Store COR Contracting Officer’s Representative CPEN Marine Corps Base Camp Pendleton DFARS Defense Federal Acquisition Regulation Supplement DLA Dispo Serv Defense Logistics Agency Disposition Services (formally DRMO) EMD Environmental Management Division EPA Environmental Protection Agency FAR Federal Acquisition Regulation KO Contracting Officer MAPP Marine Corps Acquisition Policy and Procedures MCAGCC Marine Corps Air Ground Combat Center MCAS Marine Corps Air Station MCB Marine Corps Base MCLB Marine Corps Logistics Base MCMWTC Marine Corps Mountain Warfare Training Center NPL Non-Price Listed OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Act POC Point of Contact PWS Performance Work Statement QA Quality Assurance QC Quality Control SWRFT Southwest Region Fleet Transportation VDP Vehicle Deadlined for Parts WO Shop Work Order

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3. PERFORMANCE REQUIREMENTS

3.1 The Contractor shall furnish all labor, supplies, equipment, vehicles, supervision, management, and reports necessary to accomplish all of the tasks and requirements herein. Exceptions are those provided by the Government as identified in Section 12, “Government Furnished Resources and Services (Incidental)”.

3.2 This contract establishes the Contractor as the first line source of supply for all parts except those excluded as stated in Subsection 4.12, “Parts Excluded From This Contract”. The Government reserves the right to purchase from another source of supply any part, including, but not limited to, those that are on order for more than 30 calendar days, or when the Contracting Officer’s Representative (COR) requires an expedited delivery time less than specified in Subsection 4.4.2, “Emergency Requirements” and the Contractor is not able to economically meet the expedited delivery times.

3.3 Nonperformance. Each demand for parts, materials and supplies by authorized Government personnel constitutes a delivery requirement and is subject to the terms and conditions set forth under FAR 52.212-4.

Therefore, the Government, at its discretion, may procure supplies from sources other than the Contractor if:

(a) The Contractor fails to make delivery within the delivery timeframe,

(b) The supplies do not conform to that which was ordered in kind or quality,

(c) Defective parts are not covered or replaced under the warranty provision, or

(d) The COR does not agree to a proposed delivery time pursuant to PWS paragraphs 4.3.4 and 4.3.5 for

Slow Moving Parts.

(Note: the Government reserves the right to pursue other contractual remedies established by law and/or in accordance with the contract terms and conditions for non-performance by the Contractor)

3.4 Project Management. The Contractor shall provide a primary point of contact (POC) who shall be responsible for contract performance. The Contractor’s POC is not required to physically be at any onsite SWRFT location, but is expected to be made available by phone or email within 1 (one) hour as needed by the SWRFT manager at each location. The Contractor’s POC shall be available during normal operating hours, and for any day-to-day communications with the seven (7) sites. The Contractor shall also designate an alternate, who shall be authorized to act for the POC when the POC is unavailable due to absence or weekends outside of the normal operating hours provided in Subsection 11.1. The POC (or contractor-authorized alternate) shall have full authority to act for the Contractor on all contract matters.

3.4.1 The POC and his/her alternate shall be designated in writing to the Contracting Officer and COR within three (3) working days after the contract award date or (1) day after replacement.

(Deliverable 5.1)

3.4.2 Communication. The POC shall respond to all communications from the COR within one (1) day during normal operating hours unless specified otherwise herein.

3.4.3 Transition Period (Non-COPARS). After contract award, the Contracting Officer will provide a notice to proceed to the Contractor via a funded task order. The Contractor will have a transition/start-up period of five (5) days.

3.4.4 Transition Period for COPARS. If a COPARS is utilized, the Contractor will have a transition/start-up period of 14 calendar days to stand up a fully automated COPARS system, establish communication lines/equipment, stock the COPARS with inventory, and have the ability to fill orders from the Government.

4. SPECIFIC TASKS

4.1 Receiving Orders and Furnishing Parts

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4.1.1 The Contractor shall receive orders via an ordering form to procure and store parts for, and issue parts to, authorized Government representatives only. The COR will furnish a list of authorized Government representatives to the Contractor within 2 days after the contract award date and will update the list as changes occur.

Note: The Government will provide an Order Form similar to the type shown in Appendix 2. The Order Form will be used to order the parts/materials required to repair a vehicle and will be presented by the authorized Government Representative(s).

4.1.2 The Contractor shall only conduct business under this contract with listed Government representatives and only if they have a valid Government issued identification card in their possession. The sale of parts under this contract to other than listed persons is prohibited. Cash purchases shall not be made at any SWRFT location throughout contract performance.

4.1.3 The Contractor shall provide commercially rebuilt parts and assemblies on an exchange basis vice new parts and assemblies, unless it is determined to be in the best interest of the Government as agreed to by the COR. Refer to PWS Para 2.4.17, Exchange Parts.

4.1.4 The Contractor shall not sell or transfer parts between a parent company and/or subsidiaries or affiliates in which the Contractor (or principals of the company) has a financial interest, if such action increases the price to the Government beyond the price the Contractor would pay if the item were purchased at the best price obtainable elsewhere in the marketplace. Also, the Contractor will go directly to parts manufacturers to source parts and not use a retail or wholesale vendor to source parts, unless there is a clear benefit to the Government such as avoidance of freight costs. The Contractor may offer, with COR approval, to obtain parts from an alternative source.

4.1.5 When the Contractor receives a parts/material order form from an authorized Government representative, the Contractor shall prepare the Sales Slip per the instructions contained in this PWS (ref PWS 4.10).

4.1.6 Partial Quantity Deliveries. When it is determined to be in the best interest of the Government, the Government reserves the right to accept partial quantity deliveries of parts shown on the original Sales Slip. When a partial quantity delivery is accepted, the authorized Government representative will put the number of the partial quantity and his/her initials in the column titled “PAR #” on the Sales Slip. (Example: First partial accepted, the authorized Government representative will enter the number 1 and his/her initials (1/rdb) in the “PAR #” column; the second partial quantity accepted, the number 2 and his/her initials (2/rdb) will be entered in the “PAR #” column, etc.).

4.1.7 When it is necessary for an authorized Government representative to “add on” items to an original Sales Slip, these items shall be treated as partial deliveries.

4.1.8 When an authorized Government representative cancels part(s), the Government representative will annotate the order form or Sales Slip with the following information next to the part description: (1) the word “CANCELLED”, clearly marked; (2) signature of authorized Government representative;

and (3) date/time cancelled.

4.1.9 Authorized Government representative(s) will be responsible for picking up all parts within four (4) normal store operating hours after verbal notification by the Contractor that all parts on the work order (WO) are available.

4.1.10 Parts deliveries after contract expiration. Parts that are ordered under an active, funded task order shall be delivered in accordance with contract terms even if deliveries are made after the expiration date of the contract. The contractor shall supply authorized Government representatives an estimate for parts if requested, prior to purchase. Such parts shall be delivered with proper sales slips during the contract delivery period. After all contract deliveries are made, the final invoice (when contract has ended) will be a consolidation of all parts arriving after the contract expiration date. The invoice

A-8 shall be submitted for these parts and final payments shall be made via the Wide Area Workflow (WAWF) process.

4.2 Automation of Store Inventory

4.2.1 The Contractor shall furnish their own computer hardware and software to ensure that all stores are completely automated. The Contractor shall have automated capability to track, maintain, and provide reports of historical data regarding material issues, backorders, warranty information, exchanges, credits, core charge/credit, and cancellations. The data and reports shall be retrievable at the SWRFT Site level and shall be capable of being combined in any combination of SWRFT sites, to include combined totals for all Sites. The automated system shall include the complete SWRFT inventory and have the capability of compiling and producing reports and records as specified herein.

(a) Records. The Contractor shall maintain an automated record of parts issued to each SWRFT site. At a minimum, the captured data shall include the stock or part number, brief nomenclature, date issued, unit of issue, quantity issued, and work order. This data shall be provided to the Government in either, or both, printed and electronic form, as requested by the Contracting Officer (KO) or COR. The printed data shall be consolidated by item. The electronic data will be compatible and readable by software currently in use by the Government (Microsoft Excel). This data shall be furnished to the COR upon completion or termination of this contract. (Deliverable 5.2)

(b) Parts Research and Identification. To properly identify required parts, except for parts for which the only parts catalog is a military technical order, Government personnel will only be required to furnish the Contractor with the year, make, model, and manufacturer’s identification/serial number, if requested. Contractor personnel shall accomplish all other research required for part identification. Government personnel will furnish part numbers when the military technical order is the only parts catalog. Further assistance will be at the discretion of the Government. When the Government furnishes OEM part numbers, the Contractor shall convert to Aftermarket Part Numbers, if available. The government shall not be held responsible/liable for re-stocking fees for incorrect parts ordered by the Contractor.

(c) Automated Stock Level and Consumption Data Reports. The Contractor shall establish stock levels for fast moving parts at all COPARS (if a COPARS is proposed and utilized and consignments per Para 4.3.3. Stock shall be based on the quantity, type of equipment, and parts required as identified in PWS Appendix 4, SWRFT COPARS Fast Moving Parts (a sample list of fast-moving parts historically required for this effort).

Note: The sample list of fast-moving parts is not necessarily a reflection of what will occur on this contract; it is provided for planning/estimation purposes only.

The Contractor shall maintain consumption data for each SWRFT Site and as a whole. A consumption data report shall be provided to the COR within three (3) days after the end of each contract three-month period, or as directed by the COR. The consumption data report shall cover the previous three-month period and include the following: nomenclature, part number, date ordered, date received, quantity issued, and unit price during the reporting period. This report shall be provided to the Government in electronic form. The electronic data will be compatible and readable by software currently in use by the Government (Microsoft Excel). (Deliverable 5.3)

4.3 Parts-Stocking and Availability Requirements

4.3.1 If a COPARS is utilized, the Contractor shall establish a stock level at each store or consignment that is adequate to assure immediate issue or next day delivery to non-inventory Sites, as appropriate.

Such stock levels shall be established within thirty (30) days from the date of contract award. Until

A-9 the Contractor has established such adequate stock levels within the time specified herein, the Government will not hold the Contractor to paragraph 3.3, Nonperformance, for fast moving parts which the Government elects to purchase or the Contractor is unable to furnish because the store stock level has not been established.

4.3.2 Availability. Contractor shall ensure parts are available pursuant to the following criteria:

(a) Parts not available for immediate issue shall be ordered by the Contractor and once ordered, marked as a backordered part. Backordered parts shall meet the time frames set forth in PWS Subsection 4.4.1.

(b) When backorder parts are received by the Contractor, ordering personnel will be notified of their availability. Once the backordered parts of an order is considered complete, the Government will accept and take delivery of the supplies permitting the Contractor to invoice.

(c) At its option, the Government may accept backordered parts as partial deliveries until the order is considered completed.

(d) Partial deliveries of backordered parts and incomplete orders, which have not been delivered or accepted, pursuant to subparagraph (b) above, shall be held, un-invoiced, by the Contractor.

4.3.3 Fast Moving Parts. The Government requires Fast Moving parts to be stocked, at on site stores and on site consignment inventories, in sufficient quantities for continuous “on the shelf” availability for immediate issue. Fast moving parts are currently stocked at MCB Camp Pendleton COPARS. See PWS Appendix 4, SWRFT COPARS Fast Moving Parts.

(a) The Contractor shall stock all Fast Moving Parts in the appropriate store or consignment for immediate issue or next day delivery to non-inventory SWRFT Sites; or consignment inventory for immediate consignment sale. A maximum of 5% out of stock condition at each inventory site is acceptable.

(b) Fast Moving Parts not in stock shall be made available at the appropriate delivery point within eight (8) work hours, or the next working day for non-inventory Sites, from the time ordered (demand on stock).

4.3.4 Slow Moving Parts. The Government requires Slow Moving Parts to be furnished within twenty-four (24) working hours, after being requested if available within the local trade area. Slow moving parts that are not available in the local trade area are to be furnished within forty (40) work hours.

SWRFT considers the local trade area a 100 mile radius from each of the seven required locations.

The outside location is from all other sources not in the local trade area as described in the para 4.3.5 of this section below.

4.3.5 Slow Moving Parts for Critical Repair Completion. Parts required to complete repairs to a critical piece of equipment shall be furnished within eight (8) hours (next business day for non-store Sites) after being specifically requested as a part needed to complete a critical repair. If the critical repair part is not available within the Southern California region, Bridgeport, and Yuma, then the part shall be furnished as outlined in PWS Section 4.3.4, Slow Moving Parts.

4.3.6 Battery Storage. This section applies if a COPARS option is utilized. The Contractor’s battery storage area will be appropriate for the minimal storage of new and used batteries. The Contractor shall minimize the storage of used batteries by conducting battery purchases on an exchange basis.

The Contractor will accept an old battery when a new battery is purchased. The Contractor shall return this used battery to his supplier for disposition. The Contractor shall ensure that used batteries

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4.3.7 Common/Captive Part (Aftermarket/Original Equipment Manufacturer (OEM). In the event a part may be procured by both common and captive, the common part takes precedence. In order to obtain the captive part, authorization from the COR will be obtained in writing. A "Captive Part" is a part that is manufactured by a third party and packaged for sale by the OEM with the OEM's identification on the package. .

4.3.8 Vehicle Deadlined for Parts (VDP). Parts required that will remove vehicles from VDP status shall be annotated on the parts order form and furnished at the earliest possible time. Contractor actions to expedite delivery shall include search of alternate sources of supply, consideration of interchangeable items and insuring that VDP status is transmitted to the Continental United States (CONUS) suppliers and through its distribution system, as applicable.

(a) When authorized by the Contracting Officer or the COR, non-price listed VDP items may be purchased from sources other than the sources required by this paragraph. The Contractor shall advise the Government of any price differential. When VDP price listed parts are not available from the price listed sources, the Contracting Officer or the COR or his alternate may authorize these parts to be purchased as non-price listed parts.

(b) Parts required to remove vehicles from VDP status will be furnished within a maximum of ten (10) calendar days after the Government has placed the order.

4.3.9 Cannibalized Parts. If the COR or other authorized Government Representative determines that cannibalized parts should be used, the COR may require the Contractor to obtain specific parts from vehicle salvage yards. Cannibalized parts shall be categorized as non-price listed parts.

4.4 Delivery Times. The Contractor shall meet the response or delivery times below. If a COPARS is not utilized, only (b), (c), and (d) apply:

(a) In-store items: 15-30 minutes response time.

(b) Routine: 1 business day if local; 5 business days otherwise, if not stocked

(c) Emergency: 4 Hours, if not stocked

(d) Contractor shall meet all other time requirements within this PWS section, its paragraphs and subparagraphs.

4.4.1 Backordered Parts. Parts which cannot be delivered in accordance with required delivery time are considered backordered parts. An automated listing of backordered parts shall be generated and forwarded by the Contractor to the COR daily, and shall include: work order, part number (if known), nomenclature, date & time ordered, estimated cost, SWRFT Site, type (stocked/non-stocked), and estimated delivery date (EDD). This data shall be provided to the Government in either, or both, printed and electronic form, as designated by the COR. The electronic data will be compatible and readable by software currently in use by the Government (Microsoft Excel). The Government reserves the right to cancel the request and to purchase the part(s) from other sources. Any restocking cost charged to the Contractor due to a backorder cancellation by the Government may be charged to the Government, if the charge is substantiated.

(a) For back ordered items which cannot be furnished within the contract delivery schedule, the

Contractor shall notify the COR in writing within two days and furnish an availability date and price. The COR will determine if the proposed delivery date and price are acceptable.

If acceptable, the proposed delivery date becomes the firm delivery date. If not acceptable, or if the Contractor fails to deliver the part by the firm delivery date, the Government

A-11 reserves the right to procure the part(s) from another source. The reservation is not exclusive and is in addition to any other rights and remedies afforded the Government by law or under this contract including FAR 52.212.4.

(b) The Contractor shall maintain an automated register of all backordered items as described in PWS paragraph 4.2. The Contractor shall make this backorder register available to the authorized Government point of contact per site daily and upon request.

(c) At the time of backorder, three copies of the Backorder Slip shall be made with distribution as follows: (1) to the requesting personnel to be kept with the work order, (2) to the SWRFT Supply/Maintenance Supervisor, and (3) to be retained by the Contractor. (Deliverable 5.4)

4.4.2 Emergency Requirements. Whenever the Contracting Officer or the COR determines that, due to an unusually urgent or emergency requirement, a part not in stock is needed in less time than established timeframes under paragraphs 4.3.3 or 4.3.4 entitled Fast Moving Parts and Slow Moving Parts above, the part may be obtained by one of the following methods:

(a) Purchase, pickup, and delivery by the Contractor’s store personnel. Part shall be charged as a non-price listed item.

(b) Purchase by the Contractor’s store personnel, pickup by Government personnel. Part shall be charged as a non-price listed item.

(c) Purchase by the Contractor’s store personnel, delivery by the most expeditious manner.

Prior written authority shall be granted by the designated COR for use of premium transportation for the part (price listed or non-price listed) at Government expense. Parts shall be charged as a non-price listed item plus premium transportation at actual cost.

(d) Purchase and pickup by Government personnel. If this method is used, Government personnel will purchase and deliver the part directly to the end user and at no penalty to the Contractor.

4.5 Quality of Parts to be furnished. Parts furnished by the Contractor shall meet or exceed the quality of the parts furnished on the original piece of equipment. However, if the original manufacturer has updated the quality of the parts for current production, parts supplied under this contract shall be equal to or exceed the updated quality. Failure to provide items of such quality will be cause for rejection.

4.5.1 Proof of Quality and Value. Generally, the part and its package will provide identical manufacturer and part number identification. Where repackaging has occurred, and the part cannot be identified as a specific price listed item, the Government may require proof of quality and value. The Government reserves the right to reject parts whose source cannot be determined from markings on either the part or its package.

4.5.2 Quality Requirement for Batteries. The quality requirement for Automotive/Truck/Bus batteries is:

wet, charged, sealed, maintenance free unless the type and size are not manufactured. All batteries shall be major brand name or equivalent, such as Delco, Excide, Interstate, Gould, etc., and able to provide a 36, 48, or 60 month warranty, as required by the Government. All batteries sold to the Government shall be on an exchange basis unless the Government has no core. For warranty purposes, the Contractor shall validate or mark on all batteries indicating the sales date.

4.6 Commercial Warranty. The Contractor shall ensure that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

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4.7 Price Lists. All current price lists furnished or made available electronically under this contract shall be limited to those furnished/available by the suppliers stipulated by the Contractor in their initial quote. Any deviation to these price lists must be approved, in advance, by the Contracting Officer, or his/her representative. No price list or database will be developed exclusively for the Contractor or activity. Price lists furnished/available for this contract must show the manufacturer’s suggested list price and be published either by the manufacturer of the product or national distribution organization who offers the product for sale to the general public under its own brand for common parts, original equipment manufacturers, rebuilt parts, batteries, accessories (upholstery material, commercial train products, etc.), and any other parts that may be required to support the vehicle fleet.

4.7.1 Current Price List. The Contractor shall provide a current Price List (electronically or web-based) to the COR five (5) working days prior to the contract period of performance for parts likely to be sold to the Government under this contract. The Contracting Officer, the COR and the designated Government representatives will require access to the electronic Price Lists five working days prior to contract performance start date. A price list will be provided for each parts type listed in 4.7.3 below. (Deliverable 5.5)

4.7.2 Updated Price List. The Contractor shall furnish the COR (one) updated price list copy upon request either electronically and/or web-based. Updated price lists shall be provided to the COR within three (3) calendar days of COR request. (Deliverable 5.6)

4.7.3 Types of Price Lists to be Provided. For each part type listed below, the Contractor shall provide current and updated copies of the manufacturer’s nationally or locally recognized price list to be used in the performance of this contract. Price lists shall be furnished to the COR via one or more of the methods listed above (i.e. electronically and/or web-based and/or access to a shared network or website)

(a) Common Parts

(b) Original Equipment Manufacturer Parts

(c) Rebuilt Parts

(d) Price-Listed Batteries

(e) Credit Value (Repairable Part)*

*Note: A standard price list published by manufacturers and parts suppliers that offer a credit value when a repairable part is exchanged for new or rebuilt parts.

4.8 Obtaining Non-Price Listed (NPL) Parts. The Contractor will procure all NPL parts from the most favorable conditions and at the lowest price obtainable by the Contractor in the normal course of business.

The Government is looking for the best price value. As a result, direct sourcing from the manufacturer typically provides the best price value. If the same manufacturer parts are offered at a better price by a wholesaler or retailer, then yes, consideration of wholesalers or retail vendors should be part of the best price value decision. When directed by the Contracting Officer, the Contractor shall provide evidence that the supplier of NPL parts is an authorized member of the manufacturer’s distribution system. The Contractor’s proposed source of supply must be approved by the COR prior to obtaining parts when the estimated price exceeds $1,000.00. Preferred documentation will be three (3) vendor quotes. If three (3) competitive quotes are provided, the contractor will be authorized to accept the lowest-priced quote. If three (3) competitive quotes are not provided, the contractor will have to provide suppliers’ quotes, previous order invoices, manufacturers’ suggested retail price list, or other supporting documetnation to the COR for approval prior to placing the order.

4.8.1 Receipt/Pricing Procedures for NPL Parts. The Contractor shall make available their supplier’s invoices, upon demand by the COR, as documentary proof of the Contractor’s costs when invoicing for OEM and non-price listed parts. When there is a delay in the receipt of the supplier’s or carrier’s invoice and non-price listed parts are needed immediately, the Contractor shall sell the part(s) by entering an estimate, supported by a current quotation of the price, and annotating the sales slip that the price(s) is/are estimated and shall be adjusted on a later sales slip cross-referenced to the original

A-13 when the invoice(s) is/are received. Estimated prices shall be verified/adjusted not later than the end of the month after the month in which the part was delivered.

4.8.2 Pricing for NPL Parts. The contractor shall provide NPL parts at the contractor's cost. The price of the NPL parts supplied to the Government shall not include any markup or service charge.

4.8.3 Payment for NPL Parts. Payment for the total non-price listed parts furnished under the contract shall be computed at net invoice parts cost to the Contractor, and annotated on the billing statement under the appropriate contract CLIN.

4.8.4 Freight/Shipping costs may be billed to the Government. Incidental cost includes the cost to ship NPL parts that are being delivered from sources outside the vicinity of the destination SWRFT Site.

Every effort should be made by the Contractor to source NPL parts in the area local to the SWRFT site requiring the part. To effect payment, the Contractor must provide the supplier’s or common carrier’s invoice clearly identifying the shipping costs. The Contractor will identify shipping costs as a separate line item on the sales slip. Expedited or premium shipping must be approved and authorized by the COR or authorized government representative prior to execution and incurring the additional cost.

4.9 Payment/Pricings

4.9.1 Price-listed Items. Price Listed Parts shall be invoiced for and payment will be made based on approved price lists for the parts and materials furnished, less the contract discount. Price listed parts furnished under this contract must be from an authorized price list provided as a requirement of this contract. Parts priced in accordance with a manufacturer’s price list must be that manufacturer’s product. For the purpose of this contract, the “List Price” less the applicable discount, will be considered as the item price. The item price will be considered to include all applicable taxes and duties as stated in the clause entitled, “Federal, State, and Local Taxes.” The Contracting Officer and/or COR will check invoices to ensure the contractor is providing prices to the government that align with published price lists for the same (or similar parts) and applying the contract discount. If there are discrepencies found, the Contractor will be required to address the discrepencies accordingly and may affect issuance of future task order(s) and/or be documented in CPARS.

4.9.2 NPL Items. NPL Parts shall be invoiced and paid for based on the net invoice price after trade discount, less the portion of prompt payment discount offered to the Contractor by the supplier.

4.9.3 Price Estimates. Prior to purchasing the part(s) the Contractor shall provide Government personnel a cost estimate for parts when requested by authorized Government personnel.

4.9.4 Discounts. Discounts offered in the Contractor’s proposal shall remain in effect throughout the duration of the contract (and option years if exercised), regardless of variations in vehicles and equipment inventory, variations in the Schedule of Price Lists, or manufacturer’s revisions or supplements to the parts price lists.

4.9.5 Exchange Parts. Exchange parts furnished by the Contractor shall be billed at the List Price, less the exchange value, less the contract discount, except that in instances where the applicable rebuilt parts price list already takes into consideration the value of the exchanged part, the discount will be computed on the List Price.

EXCHANGE PARTS LISTING:

• Automotive Batteries

• Starters

• Alternators and generators

• Brake shoes

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• Rebuilt or remanufactured engines

• Cylinder heads

• Air compressors

• Air conditioning compressors

• Any other part that would require a core change or exchange.

4.9.6 Part Returns. The Contractor shall allow up to thirty (30) business days to accommodate material or parts returns to the Contractor or COPARS facility. The material will be returned in the same condition it was issued along with the copy of the sales invoice. The date of the invoice will be used to measure the allowed return period. See paragraph 4.10.4 for details concerning the Contractors requirement to obtain credit for this part.

4.9.7 Defective Parts. The Contractor shall allow for the return of defective parts under manufacturer’s warranty. Upon confirmation by the Contractor that the part is defective, the Contractor shall replace the part at no charge to the Government. Should the Contractor be unable to make a one-for-one exchange with another non-defective part in inventory within one (1) business day, the Government shall be advised.

4.9.8 Restocking Fee. The Government will not be charged for restocking fees of wrong parts or defective parts ordered (ref PWS 4.10.4).

4.10 Sales and Credits

4.10.1 Sales Slip. The Contractor shall completely fill out the Sales Slip per instructions contained within this PWS section.

4.10.2 The Contractor shall provide consecutively pre-numbered sales slips. The Sales Slip shall have clearly marked spaces for the required information. Sales slips may be automated, but must facilitate the Government’s reconciliation process for sales, pricing, billing, and invoicing. The Contractor shall submit a sample copy of the proposed Sales Slip format to the COR for format approval at least five business days prior to the period of performance contract start date.

(Deliverable 5.7)

4.10.3 Upon receipt of parts, authorized Government personnel will verify that parts requested and shown on the Sales Slip correspond. Each sales slip for NPL and OEM items will reflect the supplier’s identity, invoice number, and sales date.

4.10.4 Credit Slip. In the event new or unused parts, defective parts, or parts under warranty are returned for credit, the Contractor shall prepare a Credit Slip per instructions contained within this PWS.

The Credit Slip shall be signed by the Contractor’s personnel issuing parts. All copies of the Credit Slip shall refer back to the Sales Slip number on which the parts were originally ordered and shall be clearly marked “CREDIT.” The Government shall not be held responsible/liable for re-stocking fees for incorrect parts ordered by the Contractor.

4.10.5 Distribution of Sales and Credit Slips. Contractor’s personnel shall complete all Sales and Credit Slips, recheck them for accuracy and make distribution of copies (including all voided Sales Slips) as shown below:

(a) ORIGINAL (or a reproduced copy with an authorized Government representative signature from a remote SWRFT site): Made available to COR daily.

(b) SECOND COPY: SWRFT authorized Government personnel when parts are issued, credit is issued, or a sale is voided.

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NOTE: The Contractor may automate the sales slip process, but must provide adequate access to records and complete information to facilitate the Government reconciliation process.

Recap Statement. The Contractor shall submit an electronic version of the recap to the COR or designated Government point of contact. A first monthly recap statements will be provided for the period covering the 1st through the 15th of the month, and a second monthly recap statement for the period of the 16th through the end of the month. (Deliverable 5.8)