SPE8EG16R0005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000042317

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE8EG-16-R-0005

5. SOLICITATION NUMBER

2015 NOV 19

6. SOLICITATION ISSUE

DATE

Mary Ryan PEPCGA2

a. NAME

Phone: 215-737-0301

b. TELEPHONE NUMBER (No Collect calls)

2015 DEC 22

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE8EG

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT SMSG CORP

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

221112NAICS:

500SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

43PAGE 1 OF

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

PAGE 3 OF 43 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE8EG-16-R-0005

Form

TABLE OF CONTENTS

TITLE

Standard Form (SF) 1449 – Solicitation/Contract/Order for Commercial Items

Continuation of any block(s) from SF 1449

Caution Notice, Page 5

Statement of Work, Page 7

Contract Clauses

1. FAR 52.212-4 – Contract Terms and Conditions – Commercial Items, Page 11

2. FAR 52.212-5 – Contract Terms and Conditions Required to Implement, Page 14 Statutes or Executive Orders – Commercial Items

3. Addendum

Solicitation Provisions

1. FAR 52.212-1 – Instructions to Offerors – Commercial Items, Page 22

2. Addendum

3. Specials Instructions, Page 26

4. FAR 52.212-2 – Evaluation – Commercial Items, Page 30

5. Addendum

6. DFARS 252.203-7005 Representation Relating to Compensation

7. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items, Page 32

8. Addendum

ATTACHMENTS

Attachment 1 Price Proposal Spreadsheet

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: December 22, 2015 3:00 PM EST

2. Block 9

› Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667 Solicitation Number: SPE8EG16R0005 Opening/Closing Date and Time: December 22, 2015 3:00 PM EST

› Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092

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Solicitation Number: SPE8EG16R0005 Opening/Closing Date and Time: December 22, 2015 3:00 PM EST

Notes:

All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

Offerors intending to deliver hand carried offers either in-person or through a hand-carried delivery service are advised that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are telephone numbers for the Bid Room: (215)737- 8511, (215)737-9044, or (215)737-7354. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE:

THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF YOU ARRIVE ONE HOUR

BEFORE THE OFFER IS DUE.

› Facsimile offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via fax at the Contracting Officer’s discretion.

› Email offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via email at the Contracting Officer’s discretion.

3. Block 17a › Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________ (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

CAUTION NOTICE

Although the specific details on the following information are included within the solicitation, the following list of items is intended to summarize key aspects of this solicitation and resulting contract(s). This list may not be all inclusive and it is the responsibility of the offeror to review the entire solicitation to ensure all required information is submitted with their proposal.

1) This acquisition shall provide the rapid deployment of Generator Sets to support Federal Emergency Management Agency (FEMA) Disaster Relief Operations in order to protect against, respond to, recover from, or mitigate against threatened or actual major or catastrophic disasters and emergencies – both natural and man-made, including acts of terror. FEMA has both CONUS and OCONUS distribution centers with generator fleets (power packs of varying sizes and capacities) to support emergency response operations.

This acquisition would provide generator sets via lease/rental when the nearest FEMA generator fleet has a shortfall in inventory or does not have the generator sizes or quantities in inventory when an emergency response in required. If needed, subject contracts may also be utilized to provide generators to support U.S. Military Conflict Support Requirements or other DOD missions.

2) Delivery shall be FOB destination to Incident Support Bases (ISB)/Staging Areas (SA), directly to the point of need, intermediary locations, and/or consolidation points in CONUS, Alaska, Hawaii, the Caribbean, and the Pacific Islands.

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3) Proposals will be evaluated using a combined Technically Acceptable and Tradeoff procedure. Offerors are advised to carefully review, FAR 52.212-1 -Instructions to Offerors - Commercial Items, the addendums, the Special Instructions for the Submission of Proposal Information, and FAR 52.212-2 Evaluation – Commercial Items.

4) The Government intends to make multiple awards with post-award competition of delivery order requirements. The contracts resulting from this solicitation will be Indefinite Delivery/Indefinite Quantity Contracts with a five year base and five one-year pricing periods. There are no options.

5) All invoicing will be done via wide area workflow procedures (WAWF). Reference DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

6) Offerors are advised that dependent on the item, Preference for Certain Domestic Commodities/Berry Amendment, Restriction on Acquisition of Hand or Measuring Tools, and Trade Agreements Act apply.

7) Subcontracting Plan: Large business firms are required to submit a Subcontracting Plan with their original proposal which includes new plans as well as previously approved annual company-wide or division-wide Plans. Annual company-wide or division-wide Plans are acceptable provided they are current, approved, and identify the fiscal year to which it is applicable. The letter of approval issued by the approving Agency must accompany subcontracting Plans approved by agencies other than DLA TROOP SUPPORT. For large business contract awardees resulting from this solicitation, approved plans must be input into the Electronic Subcontracting Reporting System (eSRS). Refer to DFARS Clause 252.219-7003, “SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)” and

FAR 52.219-9, “SMALL BUSINESS SUBCONTRACTING PLAN, ALT II.”

Please note that the requirement to submit a subcontracting plan is separate from the socioeconomic plan of the statement of work and the Instructions and Evaluations, which apply to all offerors.

8) The following clauses will only be applicable when included as part of the post-award RFPS: DFARS 252.211-7006 Passive Radio Frequency Identification, DFARS 252.246-7000 Material Inspection and Receiving Report, and DLAD 52.211-9010 Shipping Label Requirements- Military Standard (MIL-STD) – 129P.

9) CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012): FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT;

the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct;

exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

10) The Government reserves the right to cancel this solicitation. If this should occur, the Government will not be liable for an offeror’s solicitation preparation costs or any other such related costs incurred.

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Statement of Work – Generator Sets

FEMA

1. Scope. The contractors shall provide the rapid deployment of Generator Sets to support Federal Emergency Management Agency (FEMA) Disaster Relief Operations in order to protect against, respond to, recover from, or mitigate against threatened or actual major or catastrophic disasters and emergencies – both natural and man-made, including acts of terror. FEMA has both CONUS and OCONUS distribution centers with generator fleets (power packs of varying sizes and capacities) to support emergency response operations. This acquisition would provide generator sets via lease/rental when the nearest FEMA generator fleet has a shortfall in inventory or does not have the generator sizes or quantities in inventory when an emergency response in required. If needed, subject contracts may also be utilized to provide generators to support U.S. Military Conflict Support Requirements or other DOD missions. The Government intends to make multiple award five-year indefinite delivery indefinite quantity (IDIQ) supply contracts with post-award competition of delivery orders. Resultant contracts shall have a five year base and five one-year pricing periods.

2. Stakeholders. DLA Troop Support, a Primary Level Field Activity of the Defense Logistics Agency (DLA), is the Contracting Agency for this Acquisition. DLA has been requested to provide generators for FEMA Logistics to FEMA during Presidentially declared national emergencies and disasters when there is, or anticipation of, an inventory exhaustion of FEMA’s generator inventory within the United States and its territories and possessions. DLA support to FEMA will be implemented as directed by Headquarters (HQ) FEMA. Additional stakeholders include: United States Army Corp of Engineers (USACE), other federal military forces, and state military forces. Requirements will be communicated to the Awardees under this solicitation by DLA Troop Support. Any changes to Statement of Work or delivery orders issued under this acquisition shall be authorized and approved only through written correspondence from DLA Troop Support Contracting Officers. Costs incurred by the selected contractors through the actions of parties without coordinating with the Contracting Officer shall be borne by the contractors.

3. Products.

a) Contractors will be required to provide industrial diesel powered generators with all necessary fuel tanks and fuel lines (with proper connections) via lease/rental as specified in each Delivery Order. However, the Government reserves the right to purchase generator sets, including new/unused product. Generator Sets for least/rental will be in the following band sizes:

Range 1: 15-60kW Range 2: 61-100kW Range 3: 101-200kW Range 4: 201-400kW Range 5: 401-704kW Range 6: 705kW-1mW

b) Generator Sets shall be rated for prime power. Specific requirements for voltage, phase and configurations will be identified in each post-award Delivery Order Request for Quote (RFQ). Generators shall be equipped with fuel tanks allowing continuous operation for at least 24 hrs at the full load power rating without refueling. Generator Sets shall also include an hour meter, manufacturer’s operation and maintenance manuals, specification/capacity plates, and unique 6-digit identification numbers. A complete set of spare filters shall be provided.

c) Additional support equipment via a Bill of Materials (BOMs) may also be required as specified in each post-award Delivery Order Request for Quote (cables, connectors etc.).

d) After contract award, the Government reserves the right to add larger Generator Sets or Generator Sets with parallel ability in order to meet emergency power missions.

4. Quality. Generator Sets furnished under this contract shall be in safe operating condition and shall comply with all applicable standards and safety regulations including but not limited to Environmental Protection Agency (EPA) regulations. Operational condition means the Generator Set is performing as intended, all accessories are operating as intended and in all respects the Generator Set is performing up to the standards in the manufacturer’s specifications. All safety devices must be fully functional; to include all manual

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and automatic emergency shut-off mechanisms. All safety guards, warning labels, and safety related instruction labels shall be properly affixed at all times.

5. Minimum/Maximum. Because of the uncertainty associated with emergency power requirements, the Government is unable to provide forecasted quantities. For example, quantities could range from 1 Generator Set to support a minor event to up to 30 (or more) Generator Sets representing a complete power pack for a catastrophic event. Each contractor selected for award shall have a guaranteed minimum of $25,000.00. Each awardee shall have a contractual maximum of $45,000,000.00. The maximum of $45,000,000.00 also represents the maximum for the acquisition; the sum of all orders against all contracts shall not exceed $45,000,000.00.

6. Delivery.

a) The Contractor is responsible for responsible for all transportation to and from all shipping destinations. Delivery shall be to Incident Support Bases (ISB)/Staging Areas (SA), directly to the point of need, intermediary locations, and/or consolidation points in CONUS, Alaska, Hawaii, the Caribbean, and the Pacific Islands. Shipping addresses/destinations shall be provided with individual delivery order RFQs. Delivery is required in CONUS within 24 to 48 hours. Delivery is required OCONUS (Alaska, Hawaii, the Caribbean and the Pacific Islands) within 48 to 72 hours. Private charters will be required to meet delivery times. It is acknowledged that delivery to minor outlying islands and non-United States Territories or commonwealths in the Caribbean and Pacific Islands may require additional delivery time. However, support is for disaster and emergency relief operations and therefore Contractors are expected to deliver in an expedited manner in order to achieve mission success. All deliveries are after receipt by the contractor of each individual order.

Delivery may require trailer mounting, skid mounting, and additional material handling equipment in order to facilitate delivery. The Contractor shall be responsible for providing all loading and unloading equipment (cranes, boom trucks, fork lifts, self-loaders, flatbed trailers, and trucks) necessary for performing the work required by this contract in all types of terrain, during periods of limited visibility, and under all weather conditions. The Contractor shall make his own investigation of available roads for transportation, load limits for bridges and roads, and other road conditions affecting the transportation of generator sets requirements. The Contractor is responsible for complying with all Department of Transportation regulations and all other applicable laws or regulations in CONUS and OCONUS.

b) The Contractor shall be able to track the movement of all material from source to final delivery and provide continuing status and GPS information. During Contract Performance, delays in delivery are to be reported as soon as they are discovered to the Contracting Officer.

c) The Contractor is contractually obligated to be able to provide delivery via commercial transportation resources in both CONUS and OCONUS. However, the Government reserves the right to use the system that is best able to meet mission requirements.

Therefore, delivery may be to a CONUS based debarkation point and then transported via federal government assets to OCONUS locations.

7. Inspection/Acceptance. Government inspection and acceptance shall be at destination. The Government reserves the right to conduct source inspection if deemed necessary by the Contracting Officer. For all orders, the contractor shall obtain Proof of Delivery (P.O.D.) including the time of delivery, full delivery address, and the name and signature of the person who accepted the shipment.

Pertinent FEMA/USACE Point of Contract (POC) information will be provided with each delivery order.

8. Government Maintenance – Lease/Rental. The Government will connect all generators, provide fuel, provide daily preventative maintenance, and perform return to storage maintenance at the end of service prior to contractor pick-up. Daily preventive maintenance shall include checking working hour meter for operation, coolant level, oil level, fuel level and filling all fluids to proper levels, and conducting a visual inspection of all external components (connections, hoses, belts, cables, etc.) for serviceability. The government will service each generator every 240 operational hours or at the manufacturer’s recommended interval. Service will include changing oil, and filters(s) (oil, air, and fuel). All other fluids shall be maintained in accordance with generator set manufacturer's recommendations.

9. Contractor Operations. The Contractor(s) shall be available twenty-four (24) hours a day, seven (7) days a week including weekends and holidays to respond to delivery order Request for Quotes (RFQ), Delivery Order Awards, and other communications relating to a potential operation or an active delivery order. The Contractor shall be available by both phone and email. For the post-award RFQs, contractors shall be given at a minimum four (4) hours to respond. Following Delivery Order Award, the Contractor shall provide a POC (Point of Contact) for generator emergency repair services that is available 24 hours per day, 7 days per week. For all other communications, a company representative with the authority to make decisions on behalf of the company shall respond within thirty (30) minutes of notification.

10. Post-Award Delivery Order Competition. All delivery orders will be competed among awardees except that the Government reserves the right to direct orders to a particular source under urgent circumstances, to meet contractual minimums, or to provide economy and efficiency as a logical follow-on to an order already issued in accordance with FAR 16.505(b)(2). Delivery order award decisions may be made either by line item or in their entirety. The award decision factors may include price, delivery, and past

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performance on previous orders; however, other factors may be included as well. Each post-award delivery order RFQ will clearly state the basis for award and how the contractors will be evaluated.

In accordance with FAR 16.505(b)(5), the following individual has been designated the delivery order ombudsman:

Chief, Pricing and Strategy Division

DLA TS-BPA

DLA Troop Support 700 Robbins Avenue Philadelphia, PA 19111

The ombudsman shall attempt to resolve Contractor complaints relative to placement of delivery orders at the local level. Complaints which cannot be so resolved will be resolved by the Defense Logistics Agency (DLA) competition advocate. Delivery order complaints must specify they are being filed pursuant to FAR 16.505.

11. Pricing. For the Generator Sets, weekly and monthly rental prices for each band size for each pricing period shall be firm fixed ceiling prices after contract award. All direct and indirect costs associated with leasing/rental of the Generator Sets shall be included in these firm fixed prices. Prices are exclusive of transportation (including transportation related equipment) and BOM (support materials).

There will be five one-year pricing periods under the contract and they will be sequential. Pricing Periods are applicable to the Lease/Rental Price for each band size of Generator Sets. The contractors may not exceed their firm fixed ceiling prices during the post-award competition of delivery orders. Pricing provided for Transportation scenarios and BOMs (support material) scenario as part of the Initial Proposals are for evaluation purposes only. Selected awardees will be allowed to propose delivery order specific pricing for transportation, BOMs (support material), and any other mission related requirements during the post-award competition of delivery orders.

12. Payment Rental/Lease: Rent shall accrue from the date the Generator Set is delivered to the Government and shall continue until the Generator Set is required to be picked up by the Contractor; a maximum of 72 hours after notification by the Contracting Officer to demobilize. Rent shall only accrue for the period of time that the Generator Set is in possession of the Government; a maximum of 72 hours after notification by the Contracting Officer to demobilize. Depending on the rental term, Contractors may submit invoices weekly or every 30 days.

13. Title: During the Lease Term, the Generator Set shall always remain the property of the contractor. The Government shall have no right or interest in the Generator Set except as provided in this leasing agreement and shall hold the Generator Set subject and subordinate to the rights of the contractor.

In recognition of the types of products on this Schedule and the potential adverse impact to the Government’s mission, the Government’s quiet and peaceful possession and unrestricted use of the Generator Set shall not be disturbed in the event the Generator Set is sold by the Contractor, or in the event of bankruptcy of the contractor, corporate dissolution of the Contractor, or other event, so long as the Government is not in default. The Generator Set shall remain in the possession of the Government until the expiration of the lease. Any assignment, sale, bankruptcy, or other transfer of the leased Generator Set by the contractor will not relieve the Contractor of its obligations to the Government, and will not change the Government’s duties or increase the burdens or risks imposed on the Government.

14. Risk of Loss or Damage. The Government is relieved from all risk of loss or damage to the Generator Set during the entire time the Generator Set is in possession of the Government, except when loss or damage is due to the fault or negligence of the Government.

15. Breakdowns – Rental/Lease. Contractors that provide rental units that breakdown while installed shall begin repairs within 4 hours of notification. If the unit cannot be repaired on site, a replacement generator shall be delivered to the site within 24 to 48 hours in CONUS and 48 to 72 hours OCONUS at no additional cost to the government. If the same size unit is not readily available a larger size unit can be utilized to meet the required loads. Escorts will be provided by the Government if unit is in a curfew or restricted area. It is acknowledged that Generators delivered to minor outlying islands and non-United States Territories or commonwealths in the Caribbean and Pacific Islands may require additional time. However, support is for disaster and emergency relief operations and therefore Contractors are expected to respond in an expedited manner in order to achieve mission success. Any delays in support are to be reported as soon as they are discovered to the Contracting Officer. Upon notification of a breakdown, rent shall not accrue until the Generator Set is replaced or repaired. Weekly or Monthly rental prices shall be pro-rated accordingly.

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16. Demobilization. Within 48 to 72 hours of notification by the Contracting Officer, the contractor shall load and remove the rental/lease Generator Set for shipment back to their facilities. If the lease/rental generator set(s) were moved to a new destination by the government, the government will issue a delivery order modification to adjust for changes in the cost of shipping back to the contractors’ facilities. The Generator Set shall be in the same condition as when delivered, with the exception of ordinary wear and tear. The contractor shall conduct a timely inspection of the returned products and within thirty (30) days of the return, assert a claim if the condition of the Generator Set exhibits signs of wear or tear that exceeds the wear and tear encountered in the normal course of operation. Generator Sets not removed by the contractor within thirty (30) days of the date of notification by the Order Agency shall be considered as abandoned and subject to such disposal as the Government may deem appropriate.

17. Readiness Plan: The Contractor(s) shall have a Readiness Plan to meet the requirements of the Statement of Work at all times.

The plan must be actively maintained throughout the life of the contract. The plan shall include the following:

a) A strategy to meet Section 3 of the SOW Products. Include the following:

Source of Supply Locations Contractual Arrangements/Agreements Communication

b) A strategy to meet Section 6 of the SOW Delivery. Include the following:

Providers Modes Contractual Arrangements/Agreements Communication Tracking

c) A strategy to meet Section 9 of the SOW Contractor Operations.

The plan shall be comprehensive and demonstrate an overall strategy that is resilient through a combination of redundancy and flexibility.

18. Readiness Exercises. Awardees may be requested to participate in and/or provide material for proficiency exercises to support National Preparedness. It is anticipated that exercises will be conducted bi-annually. For these exercises, Contractors will be evaluated under a pass-fail system and performance recorded in CPARS. Contractors who fail two consecutive exercises may be Terminated for Cause. Contractors will be compensated for participation in Exercises for Live/Physical execution.

Readiness Exercise (Live/Physical execution of exercise/training): $TBD.

Readiness Exercise (Live/Physical execution of exercise/training at Contractors/partners site): $0 (No Cost).

Readiness Exercise (Table Top): $0 (No Cost).

19. Reports and Audits

a) Socioeconomic Plan - Performance Data: The awardee(s) shall provide to the Contracting Officer via e-mail performance data regarding the awardee’s support of Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB) and/or Economically Disadvantaged Women Owned Small Business (EDWOSB), Service Disabled Veteran-Owned Small Business (SDVOB), Veteran Owned (VOB), and HUBZone Small Business (HZSB). Data should be submitted in the same format as provided under Socioeconomic Plan Evaluation Factor. The report shall be submitted annually during contract performance for the period ending September 30. Reports are due 30 calendar days after the close of the reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. This requirement applies to all awardee(s), large, small, and foreign.

b) Subcontracting Plan: Large business shall also submit reports in eSRS in accordance with DFARS Clause 252.219-7003 Small Business Subcontracting Plan (DoD Contracts).

c) CPARS: The contractor’s performance under the contract including but not limited to delivery, socio-economic plan, customer satisfaction, and readiness exercises will be recorded in the Contractor Performance Assessment Reporting System (CPARS). CPARS is a web-based system used to input data on contractor performance. Once the data is input to the CPARS system, this data is then uploaded to the Past Performance Information Retrieval System (PPIRS) database and is made available for use in source selections.

d) In process reviews (IPRs) and planning meetings: The contractor(s) may be requested to participate in IPRs or planning meetings with DLA Troop Support, FEMA and USACE. Reviews and planning meetings will be a no cost to the Government.

END OF STATEMENT OF WORK

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NOTE: Failure to perform in accordance with the terms of the contract (including Readiness Exercises) may be cause for termination in accordance with the Termination for Cause clause of the contract.

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), 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, PAGE 11 OF 43 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

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

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in…