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[email protected]. ERDC Terms and Conditions / Statement of Work Contractor to provide comprehensive maintenance support to include preventative maintenance and remedial maintenance for the hardware and software specified. Some will be on a T&M and some on a continuous basis. Coverage is 7 days a week, 24 hours a day , 365 days per year. Contractor shall provide the following: Contractor shall provide preventative and remedial maintenance for identified systems. Contractor to provide all labor, documentation, spare and repair parts, maintenance supplies, tools, diagnostics, and test equipment necessary to promptly and efficiently conduct preventative and remedial maintenance on identified systems. The units will be maintained under the Caterpillar PPP program or comparable support. Remedial maintenance shall be performed in accordance with the requirements of the contract. The principal period of maintenance shall be 24 hours a day, seven days a week, including holidays. The hours of 7 AM to 5 PM local time, Monday through Friday of each week will be referred to as the Core Maintenance Period. Remedial maintenance shall be required when the Government’s designated Contract Representative (CR) or other authorized personnel makes the call to the contractor. When remedial hardware maintenance is required, the response time shall be within the time frames specified below: Equipment Response Time Repair Time Type of Coverage Generators Caterpillar D3516 3 Hour 2 Hours Comprehensive Caterpillar D3516 3 Hour 2 Hours Comprehensive Caterpillar D3516 3 Hour 2 Hours Comprehensive Response time begins at the time of the call to the contractor and proceeds until contractor maintenance personnel are on site and have begun corrective actions. Repair time begins upon the initiation of corrective action by contractor personnel at the repair site. All calls and arrival times will be recorded by Government representatives in the System Maintenance Event Log and may be used by the Government to establish the times used in computing credits. Contractor response time is to be within 3 hours of a call. The contractor’s failure to met the required response time will result in a 25% discount for each occurrence. Preventative maintenance that does not require system downtime may be conducted during operational hours 7AM to 5 PM local time, Monday through Friday. If downtime is required, PM will be scheduled at the earliest convenience of the Government and contractor. The schedule for preventative maintenance shall be coordinated with the Contract Representative (CR) 5 working days prior to performance of services. Preventative Maintenance shall be conducted in accordance with the contractor’s proposed maintenance plan, as approved by the Government CR. At the conclusion of service, contractor shall provide a written report summarizing the service conducted, findings, and recommended action. FIELD CHANGES The Government requires that all OEM sponsored Field Changes (FCs) be provided to the Government within 60 days of release by the developer for production use. Those FCs and changes required to correct safety hazards shall be offered to the Government within one day’s notification by the OEM that such a FC or change is available for production use. It is understood that a rejected FC may have to be accepted at a later date if it is required as a prerequisite to a future accepted FC. The contractor shall notify the Government of all FCs prior to commencing installation of FCs. All contractor sponsored FCs shall be subject to approval by the Government’s designated CR prior to commencing the equipment modification. Notification shall include a description of the FC or change, the equipment it applies to, and recommendation as to whether or not it should be installed. FCs and changes required to correct safety hazards shall be obtained from the OEM and installed in a timely manner by the contractor during periods of preventative maintenance. EFFECTIVENESS LEVEL/MAINTENANCE CREDIT The effectiveness level of each system shall be computed separately, on a month by month basis: Operational Use Time (OUT)(hours) EL = 100 * Scheduled Use Time (SUT)(hours) All times will be accrued in 15 minute increments and rounded up to the next highest number of hours when computing the monthly effectiveness level. Further, if any period of Operation Use Time (OUT) of less than three hours duration is immediately preceded and followed by periods of Down Time, and the CR determines that those Down Times were related, that the period OUT will be considered as Down Time in computing the monthly effectiveness level (EL). EL will be truncated to an integer number. Times are defined as follows: OUT: Scheduled Use Time (SUT) minus down Time. Time, accumulated in complete 15 minute intervals, during which the contractor maintained system/equipment is considered available. SUT: Time during which the contractor maintained system/equipment is scheduled by the Government for operation use. Scheduled and unscheduled time out are not included in SUT. Scheduled Time Out (STO): time during which the contractor maintained system/equipment is unavailable for operational use. The Government designated CR or other authorized personnel may establish STO. The contractor’s manager or other authorized personnel may establish STO for Preventative Maintenance (PM) with prior concurrence of the government CR, at least 24 hours prior to commencement of STO. Unscheduled Time Out (UTO): Time during which the contractor maintained system/equipment is unavailable for operational use due to environmental conditions beyond the control of the contractor and the Government, such as hazardous weather conditions, or failure of Government provided facilities or services which are required for continued operation of the system/equipment, such as physical access to the building containing the system/equipment, or electrical power loss to a system/equipment not connected to the UPS at the MSRC. UTO shall be recorded after the fact by Government representative in the System Maintenance Event Log for the MSRC, and requires concurrence of the Government’s CR or their designated representative. Down Time: Time during which the contractor maintained system/equipment is not available for operational use. Down Time can only occur during Scheduled Use Time. Down Time for one contractor maintained system/equipment may result in Down Time for additional contractor maintained system(s)/equipment(s) which depend on that system/equipment for continued operation. A system/equipment will be considered unavailable for use during an entire 15 minute interval if it is unavailable of used during any portion of the interval. Down Time shall be record by the Government representative in the System Maintenance Event Log for the MSRC. The contractor shall maintain equipment under the contract at a monthly effectiveness level of 98%, at a minimum, for each system/equipment identified. If the effectiveness level for a system/equipment drops below 98%, the contractor shall grant a 100% maintenance credit. Maintenance credits will be taken as a discount from the monthly amount due the contractor. Downtime will be accumulated for the month and rounded off to the next higher hour. DISCONTINUANCE OF MAINTENANCE The Government may, by written notice from the Contracting Officer discontinue maintenance under this contract, at no cost to the Government, thirty (30) days after receipt by the contractor of such notice, or sooner if mutually agreeable to the parties. Such discontinuance may be on a per piece-basis. TERMS: Services to be billed arrears. Net 30 days. All invoices must first be submitted via the IT Solutions website (https://it-solutions.gsa.gov) for client approval. SPECIAL TERMS AND CONDITIONS: Contractor’s terms and conditions shall be incorporated. However, in the event of a conflict between the content of this Statement of Work and the contractor’s standard terms and conditions, the content of the Statement of Work will take precedence. Contractor will provide suitably trained personnel to support the task. Due to the Engineer Research and Development Center’s security requirements all contractor personnel working on this effort shall be United States citizens and capable of gaining access to the facility. Subpart 39.2 - Electronic and Information Technology 39.201 Scope of subpart. (a) This subpart implements section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR part 1194). (b) Further information on section 508 is available via the Internet at http://www.section508.gov. (c) When acquiring EIT, agencies must ensure that-- (1) Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities; and (2) Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities. 39.202 Definition. Undue burden, as used in this subpart, means a significant difficulty or expense. 39.203 Applicability. (a) Unless an exception at 39.204 applies, acquisitions of EIT supplies and services must meet the applicable accessibility standards at 36 CFR part 1194. (b) (1) Exception determinations are required prior to contract award, except for indefinite-quantity contracts (see paragraph (b)(2) of this section). (2) Exception determinations are not required prior to award of indefinite-quantity contracts, except for requirements that are to be satisfied by initial award. Contracting offices that award indefinite-quantity contracts must indicate to requiring and ordering activities which supplies and services the contractor indicates as compliant, and show where full details of compliance can be found (e.g., vendor's or other exact website location). (3) Requiring and ordering activities must ensure supplies or services meet the applicable accessibility standards at 36 CFR part 1194, unless an exception applies, at the time of issuance of task or delivery orders. Accordingly, indefinite-quantity contracts may include noncompliant items; however, any task or delivery order issued for noncompliant items must meet an applicable exception. (c) (1) When acquiring commercial items, an agency must comply with those accessibility standards that can be met with supplies or services that are available in the commercial marketplace in time to meet the agency's delivery requirements. (2) The requiring official must document in writing the nonavailability, including a description of market research performed and which standards cannot be met, and provide documentation to the contracting officer for inclusion in the contract file. 39.204 Exceptions. The requirements in 39.203 do not apply to EIT that-- (a) Is purchased in accordance with Subpart 13.2 (micro-purchases) prior to January 1, 2003. However, for micro-purchases, contracting officers and other individuals designated in accordance with 1.603-3 are strongly encouraged to comply with the applicable accessibility standards to the maximum extent practicable; (b) Is for a national security system; (c) Is acquired by a contractor incidental to a contract; (d) Is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; or (e) Would impose an undue burden on the agency. (1) Basis. In determining whether compliance with all or part of the applicable accessibility standards in 36 CFR part 1194 would be an undue burden, an agency must consider-- (i) The difficulty or expense of compliance; and (ii) Agency resources available to its program or component for which the supply or service is being acquired. (2) Documentation. (i) The requiring official must document in writing the basis for an undue burden decision and provide the documentation to the contracting officer for inclusion in the contract file. (ii) When acquiring commercial items, an undue burden determination is not required to address individual standards that cannot be met with supplies or service available in the commercial marketplace in time to meet the agency delivery requirements (see 39.203(c)(2) regarding documentation of nonavailability).