RFQ BMW R1250 RT-P.pdf

BMW R1250 RT-P

REQUEST FOR QUOTATION (RFQ)

47QSWC24Q0108

***NOTE: This procurement is a sole source acquisition. ***

SECTION A: SOLICITATION/CONTRACT FORM

1. This Request for Quote (RFQ) has been prepared in accordance with FAR Part 13, Simplified Acquisition Procedures and FAR Part 12, Acquisition of Commercial Products and Commercial Services. This RFQ will create a firm-fixed price (FFP), single-award, one-time purchase order for the procurement of five (5) R1250 RT-P motorcycles. The client agency is the Federal Protective Service (FPS) located in Washington D.C. In accordance with (IAW) FAR 12.204, the Standard Form 1449 (SF-1449) shall be used as the solicitation/contract form. The Quoter shall submit the SF-1449 (Attachment 1) with blocks 12, 17a and b, and 30a through c completed with an authorized signature.

2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 effective 02/23/2024. The provisions and clauses referenced in this solicitation may be reviewed/obtained in full text form at https://www.acquisition.gov/browse/index/far.

3. This RFQ has not been set-aside for small businesses. The North American

Industry Classification System (NAICS) code is 336991, titled “Motorcycle, Bicycle, and Part Manufacturing” with a small business size standard of 1,500 employees. The Product Service Code (PSC) is 2340, titled “Motorcycles, Motor Scooters, and Bicycles”.

4. Quoter shall submit a firm-fixed pricing quote and must be able to provide the required BMW R1250 RT-P motorcycle customized to the specifications listed in the attached CID (Attachment 3). All pricing must be listed on the Pricing Spreadsheet (Attachment 2) of this RFQ.

5. In order for GSA to make a fair and reasonable price determination, additional market research may be conducted. The Contracting Officer may also request Quoter to submit any available pricing data and/or relevant sales/invoice history to further substantiate the price reasonableness of the quote submitted to the Government.

6. This is ONLY a request for quote. A contract will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP based upon the posting of this RFQ.

7. STANDARD COMMERCIAL WARRANTY REQUIREMENT. The Government is https://www.acquisition.gov/browse/index/far requiring all items in the contract have a Standard Commercial Warranty.

8. ALL QUOTES AND ALL SUPPORTING DOCUMENTATION SHALL BE

SUBMITTED BY EMAIL TO jack.brothers@gsa.gov AND ARE DUE ON OR BEFORE 4:00 PM CT, July 8, 2024.

When responding to this RFQ, complete the entire package along with the supplemental documentation and submit your quote package as an attachment to your RFQ response. No other forms of submission will be accepted. Each quote must be received by the closing date and time.

Quotations received after this time will be deemed late and shall not be considered for award.

FAILURE TO PROVIDE ALL OF THE REQUIRED SUBMITTAL

INFORMATION LISTED IN SECTION L (INSTRUCTIONS, CONDITIONS,

AND NOTICES TO OFFERORS OR RESPONDENTS) MAY RESULT IN

YOUR QUOTE NO LONGER BEING EVALUATED OR CONSIDERED FOR

AWARD.

SECTION B: SUPPLIES OR SERVICES

Please fill out the below completely and return with your quote:

*USE THE ATTACHED PRICING SPREADSHEET (ATTACHMENT 2) TO SUBMIT

QUOTED PRICES*

Please complete the highlighted fields in “blue” and return with your quote:

Company’s Name:

Unique Entity ID (UEI) Number:

Quoter’s Point of Contact (POC) Name, Email and Phone Number:

Quoted Delivery Days After Receipt of Order

(ARO):

Original Equipment Manufacturer:

Country of Origin:

QUOTER MUST COMPLETE THESE STATEMENTS:

I do ☐ or ☐ do not take any exceptions to the RFQ provisions, clauses, PWS/SOW, or other information.

If Quoter does take exception to any of the RFQ provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below. Please note, the Government reserves the right to make a selection based upon initial quotes received, without discussions with quoters;

therefore, exceptions to the RFQ may eliminate a quoter from receiving any further consideration.

☐ I acknowledge receipt of all RFQ amendments.

To be awarded a contract and to submit invoices, your company will first need to register in GSA ASSIST, which is an online, web-based purchase order system designed to facilitate the development of delivery and purchase orders within FAS programs, to include submission of invoices and payment. Process includes:

1. Registering your company’s SAM’s Unique Entity ID

2. Registering your company’s GSA’s Multiple Award Schedule (MAS) contract, if applicable.

3. Registering an authorized user to sign (commit) on behalf of the company, to include an individual (if not the same person) who will be submitting invoices.

Multiple users may register.

To register, please visit: https://assist.gsa.gov/public/login. If you have any questions or need technical assistance, please call the GSA ASSIST Service Desk at: Phone: (877) 472-4877, Monday - Friday (8AM - 8PM EST).

I have registered in GSA ASSIST. Registered Name and Email Address:

X_______________________________________ Signature Date https://assist.gsa.gov/public/login

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

BMW Motorcycles – R 1250 RT-P

THE MOTORCYCLES SHALL BE PROVIDED WITH ALL NEW PARTS, THE

MANUFACTURER’S STANDARD EQUIPMENT, AND THE FOLLOWING MINIMUM

EQUIPMENT AND CAPABILITIES:

1. CONFIGURATION

1.1. The motorcycles shall be a BMW R 1250 RT-P configuration.

1.2. The motorcycles shall be suitable for Law Enforcement patrol and ceremonial events. Primarily for use in urban areas.

1.3. The motorcycles shall be a 2024 model year with no more than 250 miles (402 km) on the odometer.

1.4. The motorcycles shall be configured to support mobile Motorola APX 8500 mid power radios which the government will install.

1.5. The motorcycles must be configured with multi-band antenna(s) to support

Motorola APX 8500 mid power radios. The contractor must provide the antenna(s) and installation.

1.6. The motorcycles shall be configured to support wired Setcom helmet communications systems to include a transmitter, receiver, half shell helmet kit, and adapter for Motorola APX 8500 mid-power mobile radios. The contractor must provide the wired communications systems and installation. The helmet communications systems must allow the Motor Operator to use both the mobile Motorola APX 8500 mid power radio and public announcement (PA) system with no operational impacts.

2. EQUIPMENT

2.1. The motorcycles shall have all standard equipment/features of the 2024 BMW R 1250 RT-P and the options specified herein.

2.2. Motorcycles language requirements:

2.2.1. All instructions, diagrams, and warning labels shall be in English or in universal symbols (where appropriate), and permanently affixed to the motorcycles.

2.2.2. Operator’s, service, and parts manual(s) shall be provided with every motorcycle and written in English. Also, 3 additional operator’s manuals shall be provided.

3. ENGINE

3.1. The motorcycle engine shall have all standard equipment/features of the 2024

BMW R 1250 RT-P.

3.2. The motorcycle shall come equipped with dual ride modes: Rain mode for reduced power and early traction control intervention / Road mode for full power and normal traction control intervention.

4. POWERTRAIN:

4.1. The motorcycle powertrain shall have all standard equipment/features of the 2024

BMW R 1250 RT-P.

5. BRAKES

5.1. Front and rear brakes shall be hydraulic controlled systems with independent rear wheel brake control. Anti-Lock Brake System (ABS), traction control (ASC) and Hill- Start Control required. ABS Pro providing ABS function while cornering is mandatory.

5.2. Front brakes shall be dual disc type, hand operated from the right handlebar with adjustability in lever for size of operator hand. Shall provide full modulation to the limit of traction without loss of control.

5.3. Rear brake shall be disc type, foot operated with pedal located on right side.

Linkage shall be close fitting to eliminate any lost motion and designed to give trouble free service for the life of the motorcycle. Brake pedal shall incorporate a non-skid pedal surface or pad to permit safe application and minimize the possibility of the foot slipping off the brake pedal. Foot pedal and linkage shall be designed and located so that full travel of pedal or rider’s foot shall be such that brake can be applied without lifting heel from the footrest.

5.4. Hydraulic hoses and metal lines shall be mounted and protected in such a manner to prevent them from becoming damaged due to chafing, rubbing, or vibration.

Brake lines and calipers shall be located away from exhaust heat.

6. FRAME / SUSPENSION / FIBERGLASS / SHEET METAL

6.1. Frame, spring(s) and shock absorber(s) shall be adequate to handle a rider plus the added weight of a transistorized motorcycle certified radio transmitter and receiver, radio box and saddlebags as engineered and installed for police service on rear of the motorcycle.

6.2. The minimum load-carrying capacity of the motorcycle as delivered shall be no less than 400 pounds (GVWR minus unladen weight prior to installation of police-specific equipment).

7. ELECTRICAL SYSTEM

7.1. Chassis Electrical:

7.1.1. Shall be 12-volt system with LIN-bus / circuit breakers / protectors and/or fuses for protection of all circuits from overload or short circuits.

7.1.2. Heavy duty alternator (500 watt minimum), with voltage regulator incorporating transient voltage protection and dashboard digital system voltage display to alert driver to system voltage condition.

7.1.3. Motorcycle shall incorporate a linked dual battery system, providing one heavy duty maintenance-free primary battery for the operation of the motorcycle and anti-lock brake system, and a second auxiliary maintenance-free battery for the operation of specialized police equipment.

Both batteries shall be linked to recharge from the central alternator during motor operation. A heavy-duty relay triggered by the electrical management system shall disengage the auxiliary battery when the engine is not running (or producing current) to enable all special police equipment to draw only from the auxiliary battery, thereby preserving the primary battery to enable reliable restarting regardless of the length of the violator stop.

7.1.4. Starter shall be latest type 12-volt starting motor with solenoid and one-way clutch engagement. Starter button shall be located on right handlebar.

Shall feature a “clutch safety system” that prevents the engine from being started when the clutch is engaged and the transmission is not in neutral.

7.1.5. Motorcycle shall incorporate LIN-bus body controller to monitor and control all police accessory circuits, provide timed shut-down of circuits and protect the system from parasitic loads 30 minutes after vehicle shut-down.

Body controller should also monitor auxiliary battery voltage and shut-down circuits when needed to protect the auxiliary battery from severe discharge damage.

7.1.6. A front single USB charging port will be located on the panel directly below the BMW factory 12V port.

7.2. Lighting:

7.2.1. Headlight to be single element low beam / dual element high beam, quartz halogen-with a high beam indicator light mounted so that it is readily visible to the rider. High and low beams to be controlled by a switch on the handlebar. A switch should be located on the handlebar which allows front and rear lighting to be turned “on” or “off” with engine, operating, independent of ignition switch. Taillight shall be fitted with multiple brake / taillight LEDs with warning to advise the operator if a brake / taillight fails.

7.2.2. Brake light shall provide illumination as required by Federal Motor Vehicle Safety Standards (FMVSS) and be a multiple LED system with warning to advise the operator if a brake light bulb fails. High-mounted supplementary LED brake/taillight shall be fitted to the rear radio box emergency lighting unit to provide additional rear visibility.

7.2.3. LED turn signals designed and/or installed in such a manner as to be visible from the front and rear, two (2) on the front and two (2) on the rear with indicator lights on dash panel. A separate switch for the rear turn signal lights with indicator light shall permit the rear signal lights to flash together, independent of the front signals. Turn signal switch for both left and right signals shall be located on the handlebars and shall be the push to lock-on type with indicator lights which will operate when the turn signals are in operation. It will have side-facing LED auxiliary turn signal lights shall be located in the rear emergency light module to allow motorists to better see signaling intentions while riding along side other motorists.

These optional side turn signals will function when the individual turn signal is engaged as well as the two-way or all-way flasher system.

7.2.4. Two (2) LED Driving / Fog Lights (Part # 63178532147) or equivalent

7.2.5. Two (2) blue LED identification light strips shall be installed inside the lower rear light housing, illuminated via the taillight circuit.

7.2.6. Emergency Lights: To be modular LED lighting units which contain multiple

LED light heads optimally aimed for high visibility. Light heads shall be one each forward facing (left and right), one each forward facing 10 degrees outside angle, one each forward side facing, one each rear side facing, one each (left and right) rear facing. Auxiliary rear facing duplex emergency light (left and right integrated in one housing) shall be permanently attached to the radio antenna mounting bracket, remaining rear facing when radio box lid is raised to access equipment.

7.2.7. Integrated, latching push button w/indicator to activate “cruise lights” shall be standard equipment, providing 10% power to the front and rear facing emergency lights to satisfy cruise light requirements. Cruise lights will remain on during emergency light operation when either / or front or rear emergency light circuit is not activated.

7.2.8. Integrated rocker switch w/indicator to manually activate “alley lights” shall be standard equipment. Switch will steadily illuminate the front left or right 3-up white alley light, regardless of the emergency light activity. Alley lights shall have selector switch to allow alley lights to flash alternatively with emergency lights with alley light switch over-riding emergency light flashing when desired.

7.2.9. Emergency light heads shall be non-flashing type controlled by processor-controlled flasher system with multiple flash patterns and sequential light switching from a single push-button switch.

Flasher connected to siren Inter Clear function to enable secondary flashing pattern for 7 seconds each time siren mode is changed. Primary and secondary flasher programming buttons provided in secure location.

Emergency lights shall operate with ignition switch in either the “On” position, and up to 30 minutes after ignition “Off” position. Motor shall include two indicator lights within the operator’s field of vision to indicate when rear or front lights are “On”.

7.2.10. Emergency light colors as follows:

7.2.10.1. Front light L=Red R=Blue

7.2.10.2. Front 10° L=Red R=Blue

7.2.10.3. Front side L=Blue R=Red

7.2.10.4. Rear side L=Red R=Blue

7.2.10.5. Rear light L=Blue R=Red

7.2.10.6. Rear duplex L=Blue R=Red

7.2.11. Switches for control of all emergency equipment (siren, emergency lights, etc.) shall be located on the handlebar and accessible without removing hands from the grips. Emergency light switch shall be a momentary rocker switch with the following functions:

7.2.11.1. First press = front & rear emergency lights

7.2.11.2. Next press = rear emergency lights

7.2.11.3. Next press = front emergency lights only

7.2.11.4. Next press = front & rear emergency lights

7.2.11.5. Next press = repeating as before

7.2.11.6. Press & Hold Anytime = OFF

7.2.12. Horn must have a minimum of 82 dB output measured at a height of 4-feet and at a distance of 50-feet directly ahead of motorcycle on an asphalt surface, with the engine at idle. Horn button to be located on the left handlebar switch assembly. With motorcycle ignition “on”, the horn will activate the siren “air horn” function as well as the normal motorcycle horn.

7.2.13. Ignition switch, headlight switch, rear flashing amber light switch and all other switches not specifically located in this specification, shall be mounted on the dash panel or on the handlebar and be conveniently accessible by the rider.

7.2.14. The ignition, headlight and running light switches shall be designed and wired to permit the engine to run without the headlight or running lights on.

7.2.15. Dash panel with instrument lights shall be angle adjustable to prevent glare / obstruct visibility.

7.2.16. Each Unit shall have white LED takedown lights that also supplement as wig-wag lighting.

7.2.17. The motorcycle shall be programmed so the motorcycle’s headlight wig wags in emergency mode.

7.2.18. LED driving / fog lights shall be programmed to wig wag with the motorcycle headlight in emergency mode.

7.2.19. Each motorcycle shall come with a vehicle specific battery tender.

7.2.20. A light shall be equipped with a sensor to activate during low light illumination into each saddlebag.

8. WHEEL ASSEMBLY (TIRE AND WHEEL)

8.1. The motorcycle wheel assembly shall have all standard equipment/features of the

2024 BMW R 1250 RT-P.

8.2. The motorcycles shall be provided with Michelin Pilot Road GT run flat tires.

8.3. The motorcycles shall have a tire pressure monitoring system.

9. COLOR

9.1. Motorcycles shall be painted in solid White.

9.2. All paint shall be covered with clear coat to meet manufacturer’s specifications.

10. DECALS

10.1. The motorcycle decals shall be applied following the below general placement illustrations. The vendor shall provide renderings to the government for approval, prior to placement.

10.2. The following colors shall be used when ordering decals.

10.3. The following general size and dimensions must be considered for the motorcycle kit decals. Decal sizing may need to be modified to provide the best fit.

11. MOTORCYCLE HELMET COMMUNICATION SYSTEM

11.1. Each motorcycle shall be equipped with a wired Setcom helmet communication system to include a transmitter, receiver, half shell helmet kit, and adapter for Motorola APX 8500 mid-power mobile radios. The contractor must provide the wired communications systems and installation. The helmet communications systems must allow the Motor Operator to use both the mobile Motorola APX 8500 mid power radio and public announcement (PA) system with no operational impacts.

12. WARRANTY

12.1. The motorcycles must be covered under a Standard 3-year, 60,000-mile BMW New

Motorcycle Warranty.

12.2. The motorcycles shall be covered under a BMW Motorrad Extended Service

Contract for an additional 4-years, unlimited mileage, beyond the standard warranty expiration. Warranty coverage shall be 7-years in total.

SECTION D: PACKAGING AND MARKING

Preparation for Delivery: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier.

Ready for Shipment: Whenever components are ready to ship, the following documentation shall be uploaded via the Collaboration tool in ASSIST:

- Shipper, shipment tracking number, estimated delivery date

- Purchase Invoice (.pdf)

- Packing List (.pdf)

See GSAM Clause 552.211-75 and 552.211-77

SECTION E: INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected.

However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time—

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-16 RESPONSIBILITY OF SUPPLIES (APR 1984)

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

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

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

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

(End of clause)

552.246-78 INSPECTION AT DESTINATION (JUL 2009)

Inspection of all purchases under this contract will be made at destination by an authorized Government representative.

(End of clause)

SECTION F: DELIVERIES OR PERFORMANCE

Delivery Terms: FOB Destination. The Government is seeking delivery 120 days after receipt of order (ARO). BMW of North America is encouraged to provide their best delivery terms.

The Contractor shall coordinate delivery of all items with the designated Client POC for consolidation, storage, and shipping. The Contractor shall notify the Client POC when equipment is shipped from either the Manufacturer’s facility or the Contractor’s facility.

The Contractor must notify the POC prior to delivery if special material handling equipment (MHE) is required to offload the equipment once it arrives at the Client’s facility.

Shipping and Handling Terms: F.O.B. Destination. Inspection and acceptance will occur at Destination at the following delivery address below:

Mark For: Samuel Carter/Jay Porter Ship To Address: FPS Fleet 6315 Bre Mar Drive Alexandria, VA. 22312

52.247-34 F.O.B DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

SECTION G: CONTRACT ADMINISTRATION DATA

GSA will be responsible for contract administration, including payment and close-out. The GSA administrative point of contact is:

GSA Contracting Officer:

Jack Brothers GSA/FAS Southwest Supply Acquisition Center 819 Taylor Street Fort Worth, TX 76102 Phone: 817-850-8325 Email: jack.brothers@gsa.gov

SECTION H: SPECIAL CONTRACT REQUIREMENTS

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to not apply to this procurement.

Recycled, recovered, or environmentally preferable materials should be used to the maximum extent possible provided that the material meets or exceeds the operational and maintenance requirements and promotes economically advantageous lifecycle costs. The offeror/contractor is encouraged to use recovered, recycled, biobased, or environmentally preferable materials to the maximum extent practicable, in accordance with the Federal Acquisition Regulation (FAR) part 23.403. However, used, rebuilt, or refurbished items shall not be provided.

Green Product Program (GPP) is a mandatory Federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. GPP requirements apply to all acquisitions using appropriated funds, including services and new requirements. FAR 23.404(b) applies and states that the GPP requires that 100% of EPA-designated product purchases (that are included in the CPP list) contain recovered materials, unless the item cannot be acquired competitively within a reasonable timeframe, meeting appropriate performance standards, or at a reasonable price. The prime contractor is responsible for ensuring that all subcontractors comply with this requirement, SECTION I: CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

CLAUSES INCORPORATED BY REFERENCE

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

http://www.acquisition.gov/

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

552.211-77 PACKING LIST (FEB 1996)

52.212-4 CONTRACT TERMS AND CONDITIONS— COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

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(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/part-33#FAR_33_211 https://acquisition.gov/far/part-32#FAR_32_607_2

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

https://acquisition.gov/far/part-32#FAR_32_608_2

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

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(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by…