36C24526Q0658 512 Generators Repairs.pdf

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J030--RFQ Emergency Generator Repairs Baltimore VAMC Loch Raven VAMC One Year Purchase Order
Solicitation number
36C24526Q0658
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Solicitation Summary

This is a Request for Quote (RFQ) and Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Department of Veterans Affairs for corrective maintenance and repairs on eight diesel emergency generators at Baltimore VA Medical Center and Loch Raven Medical Center.

Scope and Services: The contractor shall diagnose, repair, and restore eight generators (six at Baltimore VAMC, two at Loch Raven VAMC) to OEM-compliant, leak-free operation with performance verification under load testing per NFPA 110 standards for healthcare facilities. Work includes eliminating coolant, oil, fuel, and exhaust leaks; correcting turbo, fuel, and exhaust system deficiencies; performing full cooling-system service and preventive maintenance; conducting diesel fuel polishing to ISO 4406 cleanliness standards (≤18/16/13); and completing post-repair operational and load-bank testing. Unit-specific corrective actions are detailed for each generator. All work shall be completed within 240 calendar days from Notice to Proceed. The contract period is Base from 08-17-2026 to 08-16-2027.

Evaluation Factors and Award: Contracts will be evaluated on Technical Approach/Capability/Experience (demonstrating 5+ years of primary emergency generator maintenance/repair experience in healthcare or critical environments), Past Performance (reference checks and federal database queries), and Price. Award will be made as a Firm-Fixed-Price contract to the best-valued quoter. The solicitation is unrestricted (no small business set-aside). Contractor questions or requests are due 7-27-2026; formal quotes are due 8-11-2026 at 10:00 EDT. The contracting officer is William Chris Galletta at William.Galletta@va.gov. Monthly invoicing is required through electronic submission to the Tungsten platform, with payment by Electronic Funds Transfer. A minimum 12-month warranty on parts and workmanship is required. Wage determination requirements apply per service contract labor standards.

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PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

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/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(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 _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

512-26-1-846-0015

36C24526Q0658 07-14-2026

William Chris Galletta William.Galletta@va.gov 08-17-2026

10:00 EDT

19ACQ

Department of Veterans Affairs

Perry Pt VAMC

NCO 5

361 Boiler House Rd

Perry Pt MD 21902

X

811310

$12.5 Million

N/A

X

Department of Veterans Affairs

Loch Raven-Baltimore VAMC(512) FMS

10 N Greene St

Baltimore MD 21201

19ACQ

Department of Veterans Affairs

Perry Pt VAMC

Services team One

Must review E.2 Addendum and SOW

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

Contractor to perform corrective maintenance and repairs on on eight (8) diesel emergency generators at the Baltimore VA

Medical Center and Loch Raven Medical Center to restore each unit to OEM-compliant, leak-free operation and to verify performance under load testing consistent with healthcare facility requirements for emergency and standby power.

Estimated Period of Performance: 8/17/26-8/16/27

Contractor Questions or Requests due: 7/27/26

Formal Quotes due: 8/11/26

Contracting POC: William.Galletta@va.gov

See CONTINUATION Page

X X

X 1

William Chris Galletta

VA-VHA-RPOE-2026-0048

mailto:William.Galletta@va.gov

36C24526Q0658

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION-ATTACHED

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.225-4 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI TRADE ACT

CERTIFICATE (DEVIATION) (NOV 2025)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 William.Galletta@va.gov

Department of Veterans Affairs

Perry Pt VAMC

NCO 5

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. PURPOSE

1.1 The purpose of this PWS is to perform corrective maintenance and repairs on eight

(8) diesel emergency generators and fuel polishing at the Baltimore VA Medical Center and Loch Raven Medical Center to restore each unit to OEM-compliant, leak‑free operation and to verify performance under load testing consistent with healthcare facility requirements for emergency and standby power. The work supports critical healthcare operations; emergency power systems must meet NFPA 110 performance classifications and operational testing requirements for healthcare facilities, and interface with NFPA 99 life safety expectations.

2. SCOPE

2.1 The Contractor shall furnish all labor, supervision, tooling, materials, consumables, test equipment, parts, safety/PPE, and incidentals necessary to diagnose, repair, reseal, and validate the performance of eight (8) diesel generators; eliminate coolant, oil, fuel, and exhaust leaks; correct turbo, fuel, and exhaust system deficiencies;

perform full cooling‑system service; conduct diesel fuel polishing in accordance with

ASTM D975 and ISO 4406 cleanliness standards; and complete all required post‑repair load and operational testing.

3. REFERENCES AND STANDARDS

3.1 NFPA 110: Standard for Emergency and Standby Power Systems (installation, maintenance, testing; class/type/level classification; load testing).

3.2 NFPA 99: Health Care Facilities Code (healthcare life safety systems; emergency power interfaces; risk‑based healthcare hazards).

3.3 ASHRAE/ASHE 170: Ventilation of Health Care Facilities

3.4 OSHA 29 CFR 1910.147: Control of Hazardous Energy (LOTO)

3.5 ASTM D975: Diesel fuel specifications, including sulfur, flash point, water/sediment, viscosity, lubricity, etc.

3.6 ISO 4406: Fuel cleanliness code targeting ≤ 18/16/13

3.7 ISO 12/9/6: Advanced cleanliness level for critical systems as required

EN 590 – Diesel water content standard (< 200 ppm

4. REQUIREMENTS

4.1 General Requirements

Contractor Shall perform the following task to each generator:

4.1.1 Diagnose and repair/replace. all identified leaks (coolant, oil, fuel, exhaust) and system defects; reseal gaskets/O‑rings; replace degraded hoses, valves, manifolds/bellows, turbo oil feed/drain lines, thermostat housings, and other components as indicated. All hoses, gaskets, and O-rings shall be replaced.

4.1.2 Perform Cooling System Service: flush with cleaner, distilled rinse, refill with appropriate coolant; service radiators where indicated.

4.1.3 Conduct Preventive Maintenance (PM): engine oil, filters, fuel/water separators, air filter, belts/tensioners, battery/cables as identified).

4.1.4 Execute post‑repair operational and load bank testing to demonstrate compliance with NFPA 110 expectations for healthcare emergency power readiness.

4.2 Unit‑Specific Corrective Actions

4.2.1 Gen 1 (S/N 33118676) – The contractor shall replace the alternator belts, rocker box gaskets, rocker box coolant tubes and O‑rings, and the turbo drain and fill lines with all associated gaskets, O‑rings and fuel‑pump repair due to a leaking seal. The contractor shall also replace the exhaust bellows and related hardware, reseal the oil filter housing, seal all leaking plugs using pipe sealant, replace all ball valves, and remove the starter to replace its cover gaskets. Cooling‑system work shall include resealing or replacing the front coolant‑pipe gaskets, water‑pump bypass‑to‑inlet gaskets, all accessible coolant‑system O‑rings and gaskets, and rocker‑box coolant piping components, with optional replacement of the water pump due to contamination and potential impeller corrosion. Major repairs such as rear main seal and front crankshaft seal replacement shall not be performed at this time due to extensive labor, specialized tooling, and potential for uncovering additional engine issues. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.2 Gen 2 (S/N 33118678) – a complete cooling‑system reseal, including replacement of thermostats, housing gaskets, ceiling coolant pipes, water‑pump elbow gaskets, rocker‑box coolant tubes and O‑rings, and valve and rocker covers. The contractor shall replace the turbo oil feed and drain lines with all associated gaskets and O‑rings, reseal the oil‑filter housing and all leaking oil plugs, and replace the fuel lines from the proportioning valve and separation block, including the block and its gasket. The contractor shall also replace the exhaust bellows and associated hardware. After restoration of the cooling system, the contractor shall retest the unit to verify proper aftercooler and cylinder‑head sealing. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.3 Gen3 (S/N 33118670) - The contractor shall replace all braided fuel lines to the fuel rails, replace both exhaust bellows with associated gaskets and hardware, and service the turbo system by removing and inspecting the turbochargers and replacing the turbo oil feed and drain lines with all associated gaskets. The contractor shall replace CCV hose clamps, reseal rocker-box and valve-cover gaskets, replace rocker-box coolant pipes and O-rings, and secure the metal clamp at the thermostat housing. The contractor shall perform a comprehensive cooling-system reseal including all accessible coolant-system gaskets and O-rings up to—but not including—the head gaskets, replace thermostat-housing gaskets, and replace the water-pump assembly due to contamination concerns. The contractor shall also replace the cam-cover gasket and evaluate top-end findings, including a leaking #8 head gasket and abnormal noise that may indicate bent pushrods, a damaged camshaft, or lifter/follower issues. The contractor shall proceed with cylinder-head and top-end disassembly as required, including injector and cylinder-pack replacement, liner counterboring or shimming if needed, and further machining depending on liner condition. The #8 Head gasket requires repair. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.4 Gen 4 (S/N 33118512) – The contractor shall address low oil pressure and smoke by replacing damaged or leaking exhaust manifolds on both sides, replacing deteriorated exhaust bellows, removing and inspecting the turbochargers, and replacing all turbo‑related gaskets, clamps, and oil feed and drain lines. The contractor shall repair leaking rocker‑box coolant pipes and O‑rings, reseal valve and rocker cover, and replace the CCV hose and clamps. The contractor shall perform a comprehensive cooling‑system reseal, including all related gaskets, O‑rings, thermostats, and housing components, and replace failing jacket hoses and clamps. Top‑end findings indicate leaking cylinder heads and head gaskets with possible cylinder or liner damage, and the contractor shall not proceed with teardown. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost and provide that information to the COR for approval to proceed with the repairs.

4.2.5 Gen 5 (S/N 33118693) – The contractor shall replace the exhaust bellows, manifolds, gaskets, and associated hardware; replace the turbo oil feed and drain lines with all related seals; perform a full coolant‑system reseal including all hoses, rocker‑box coolant pipes and O‑rings, and coolant flanges and gaskets; replace the jacket heaters; replace the valve and rocker covers; replace the CCV hose and clamps;

and reseal the oil‑bypass lower hose at the oil pan. The contractor shall also perform a load‑bank test after completing all repairs. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.6 Gen 6 (S/N 33118694) – Contractor shall address all identified deficiencies, including resealing the leaking oil‑filter plug and oil‑filter‑housing gaskets, replacing both deteriorated and leaking exhaust bellows with new gaskets and hardware, and correcting multiple coolant‑system leaks throughout the engine. The contractor shall replace leaking rocker‑box gaskets, valve‑cover gaskets, rocker‑box coolant pipes and

O‑rings, failing jacket heaters, thermostat‑housing gaskets, ceiling‑run coolant‑pipe gaskets, and all aged or contaminated coolant hoses. The contractor shall install new thermostats, replace all accessible coolant‑system O‑rings and gaskets up to the ceiling pipes (excluding head gaskets), and complete a full reseal of all accessible coolant components. Upon completion, the contractor shall retest the unit to confirm leak‑free operation. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.7 Gen 1 LR (S/N K950592003) – replace batteries and cables, perform full belt and tensioner service, complete a full PM service (oil, filters, coolant), and carrying out an extensive cooling‑system overhaul involving replacement of all coolant hoses, O‑rings, thermostats, and several gaskets. Reseal the oil cooler and aftercooler. Turbo oil/coolant lines shall be inspected and replaced as needed. The cooling system should be fully flushed using cleaner and distilled water, then refilled with ELC coolant.

Approximately 50 gallons each of distilled water and coolant are required, plus system cleaner. After repairs, a load‑bank test to verify performance. If additional work effort

(AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.8 Mobile LR (S/N 34089333) – a full PM service (oil, filters, coolant) and carrying out an extensive cooling‑system overhaul involving replacement of all coolant hoses, O‑rings, radiator cap, thermostats, and several gaskets. The contractor shall complete a cooling-system flush with a load bank to ensure proper circulation and cleaning. After the flush, the cooling system may reveal additional issues any additional issues shall be brought up to the COR. The contractor shall evaluate the enclosure’s structural condition, as corrosion and standing water have been noted within the structure. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs

4.2.9 Fuel Polishing - The contractor shall collect pre-polishing fuel samples to establish baseline compliance with ASTM D975 requirements, including water and sediment testing per ASTM D2709 and ASTM D1796, flash point, viscosity, sulfur content, and lubricity, and shall determine particulate contamination levels using ISO

4406 particle counting at 4 µm, 6 µm, and 14 µm. The contractor shall deploy a portable, self-contained fuel-polishing system equipped with coalescers, water separators, and fine filtration rated at 4 µm absolute or better, and shall continuously circulate and filter the fuel until it meets ISO 4406 cleanliness levels of ≤ 18/16/13 or OEM-specified contains no more than 200 ppm water with microbial contamination mitigated, and satisfies all ASTM D975 performance criteria. Following polishing, the contractor shall collect post-service samples and verify ISO 4406 cleanliness code results, conduct

ASTM D975 testing for water and sediment, flash point, cloud point, and lubricity, and confirm water concentration of ≤ 50 ppm when finer compliance is required.

4.3 Documentation

4.3.1 Create per‑unit repair logs: faults found, parts used (OEM or VA‑approved equivalents), torque/spec notes, photos (before/after), test data (pressures/temps), and leak verification results.

4.3.2 Maintain LOTO records and annual procedure inspection logs per OSHA 29 CFR

1910.147(c)(4),(c)(6).

4.3.3 The contractor shall deliver a report that includes pre- and post-polishing laboratory results, detailed filter and coalescer usage with run-time data, certificates of compliance with ASTM D975 and ISO 4406, recommendations for tank maintenance or follow-up, and a signed certificate of satisfactory completion

4.4 Quality Assurance & Testing

4.4.1 After repairs, conduct minimum 2‑hour operational run under appropriate loading to confirm no seepage/leaks and stable performance (pressures, temperatures) consistent with NFPA 110 expectations.

4.5 Training

4.5.1 Contractor personnel shall receive training on LOTO, hazards of stored energy, and device placement/removal/testing per OSHA 29 CFR 1910.147(c)(7).

4.5.2 Hospital construction ICRA/PCRA training (roles, barriers, negative air, monitoring/logging) for all staff entering containment areas.

4.5.3 Awareness of ASHRAE 170 ventilation/pressure relationships during construction activities that affect adjacent clinical spaces.

4.5.4 Familiarization with NFPA 99 healthcare life safety considerations relevant to emergency power work interfaces.

5.0 DELIVERABLES

5.1 Per‑unit repair and test reports (leak elimination, component replacements, torque/specs, photos).

5.2 Load/operational test results (including parameters supporting readiness per NFPA

110).

5.3 Updated PM checklists and coolant service records (flush media, volumes, ELC refill).

5.4 Pre- and post-polishing laboratory results, detailed filter and coalescer usage with run-time data, certificates of compliance with ASTM D975 and ISO 4406, recommendations for tank maintenance or follow-up, and a signed certificate of satisfactory completion.

5.5 Waste manifests.

6.0 GOVERNMENT FURNISHED EQUIPMENT (GFE) / SUPPORT

6.1 The Government will provide reasonable access to generator areas, required utilities for repair/testing, and staging areas for tools/equipment, as coordinated by the

COR.

6.2 Government‑furnished parts (if any) will be identified and accounted for on invoices at no‑cost line items.

7.0 SAFETY REQUIREMENTS

7.1 The Contractor shall comply with all federal, state, and local safety regulations and

VA facility safety policies, including LOTO procedures for hazardous energy control per

OSHA 29 CFR 1910.147.

7.2 Lockout/Tagout Procedures: Written machines specific procedures, employee training, and annual inspections shall be provided/maintained.

7.3 Welding/Brazing Permits: Welding or brazing requires a burn/hot‑work permit;

Contractor shall notify the COR/POC at least three (3) days prior to the required work.

For brazing, notify the level of brazing required; include the expected duration of welding/brazing activities and affected areas.

7.4 Ventilation & Pressurization: During construction, ensure pressure relationships and ventilation align with ASHRAE 170 Section 10 guidance for construction impacts in healthcare facilities.

8.0 PERIOD OF PERFORMANCE

8.1 All work shall be completed within 240 calendar days from issuance of the Notice to

Proceed (NTP).

9.0 QUALITY CONTROL

9.1 The Contractor shall establish and maintain a Quality Control Plan (QCP) ensuring all work adheres to this SOW, OEM guidance, and codes/standards (NFPA 110/99, ASHRAE 170, OSHA LOTO).

10.0 SITE ACCESS & SECURITY

10.1 Comply with facility access/badging, identification, and security protocols;

coordinate shutdowns/outages with COR and clinical stakeholders.

11.0 WARRANTY

11.1 Provide a minimum 12‑month warranty on parts and workmanship from COR acceptance.

12.0 ACCEPTANCE & TESTING

12.1 Government acceptance will be based on:

12.1.1 Leak‑free operation during a minimum 2‑hour run at 70% load.

12.1.3 Submission of complete documentation (Section 5.0).

13.0 POINT OF CONTACT (POC)

Brandon Johnson (COR)

Address: 10 N. Greene St, Baltimore, MD 21201

14.0 INVOICING AND PAYMENT

Each invoice shall contain the documentation required by OB10. The invoices shall be itemized to contain the equipment’s identifier. When parts are furnished by the

Government, they shall be itemized on Contractor's invoice at no‑cost and indicated as

Government furnished parts. Contractor will forward invoices to the following address, in arrears electronically to:

Vendor Electronic Invoice Submission Methods: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ . Tungsten direct vendor support number is 877‑489‑6135 for VA contracts. The VA‑FSC pays all associated transaction fees for VA orders. During Implementation (technical set‑up) http://www.tungstennetwork.com/uk/en/

Tungsten will confirm your Taxpayer ID Number with the VA‑FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. To successfully submit an invoice to

VA‑FSC please review “How to Create an Invoice” within the how‑to guides. All invoices submitted through Tungsten to the VA‑FSC should mirror your current submission of

Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA‑FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

For additional information, please contact:

Department of Veterans Affairs Financial Service Center: Tungsten Support

Phone: 1‑877‑489‑6135

Email: vafscched@va.gov

Baltimore:

Emergency Generator # 1

Make/Manufacturer: Cummins Allison

Generator Model No. HC634H - S/N 03377/03

AC Generator Set Model No. KTA38G1

Generator Set Serial No. L900361827/33118676/

Emergency Generator # 2

Make/Manufacturer: Cummins Allison

Generator Model No. HC634H - S/N 03377/02

Generator Set Serial No. L900361828/33118678/

Emergency Generator # 3

Generator Model No. HC634H1 - S/N 08819/01

AC Generator Set Model No. KTA38G1

Generator Set Serial No. L900361831/33118670/ mailto:vafscched@va.gov

Emergency Generator # 4

Generator Model No. HC634H - S/N 0336/01

Generator Set Serial No. L900361829/33118512/

Emergency Generator # 5

Generator Model No. HC634H - S/N 03214/01

Generator Set Serial No. L900361830/34089333/

Emergency Generator # 6

Generator Model No. HC634H - S/N 04077/01

Generator Set Serial No. L900361826/33118694/

Loch Raven:

Emergency Generator

Engine Serial Number 37160020

Generator Model No. KTA19-G2

AC Generator Set Model No. GEN-400DFEB---K

Generator Set Serial No. K950592003/

Mobile Generator

S/N: 33118693/

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Contractor Shall perform the following task to each generator:

Diagnose and repair/replace. all identified leaks (coolant, oil, fuel, exhaust) and system defects; reseal gaskets/O-rings; replace degraded hoses, valves, manifolds/bellows, turbo oil feed/drain lines, thermostat housings, and other components as indicated. All hoses, gaskets, and O-rings shall be replaced.

Perform Cooling System Service: flush with cleaner, distilled rinse, refill with appropriate coolant; service radiators where indicated.

Conduct Preventive Maintenance (PM): engine oil, filters, fuel/water separators, air filter, belts/tensioners, battery/cables as identified).

Execute post-repair operational and load bank testing to demonstrate compliance with NFPA 110 expectations for healthcare emergency power readiness.

Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and Rebuilding of Equipment - Mechanical Power Transmission Equipment

Baltimore VAMC Gen 1 (S/N 33118676) – The contractor shall replace the alternator belts, rocker box gaskets, rocker box coolant tubes and O-rings, and the turbo drain and fill lines with all associated gaskets, O-rings and fuel-pump repair due to a leaking seal. The contractor shall also replace the exhaust bellows and related hardware, reseal the oil filter housing, seal all leaking plugs using pipe sealant, replace all ball valves, and remove the starter to replace its cover gaskets. Cooling-system work shall include resealing or replacing the front coolant-pipe gaskets, water-pump bypass-to-inlet gaskets, all accessible coolant-system O-rings and gaskets, and rocker-box coolant piping components, with optional replacement of the water pump due to contamination and potential impeller corrosion. Major repairs such as rear main seal and front crankshaft seal replacement shall not be performed at this time due to extensive labor, specialized tooling, and potential for uncovering additional engine issues. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Gen 2 (S/N 33118678) – a complete cooling-system reseal, including replacement of thermostats, housing gaskets, ceiling coolant pipes, water-pump elbow gaskets, rocker-box coolant tubes and O-rings, and valve and rocker covers. The contractor shall replace the turbo oil feed and drain lines with all associated gaskets and O-rings, reseal the oil-filter housing and all leaking oil plugs, and replace the fuel lines from the proportioning valve and separation block, including the block and its gasket. The contractor shall also replace the exhaust bellows and associated hardware. After restoration of the cooling system, the contractor shall retest the unit to verify proper aftercooler and cylinder-head sealing. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Gen3 (S/N 33118670) - The contractor shall replace all braided fuel lines to the fuel rails, replace both exhaust bellows with associated gaskets and hardware, and service the turbo system by removing and inspecting the turbochargers and replacing the turbo oil feed and drain lines with all associated gaskets. The contractor shall replace CCV hose clamps, reseal rocker box and valve cover gaskets, replace rocker box coolant pipes and O rings, and secure the metal clamp at the thermostat housing. The contractor shall perform a comprehensive cooling system reseal including all accessible coolant system gaskets and O rings up to—but not including—the head gaskets, replace thermostat housing gaskets, and replace the water pump assembly due to contamination concerns. The contractor shall also replace the cam cover gasket and evaluate top end findings, including a leaking #8 head gasket and abnormal noise that may indicate bent pushrods, a damaged camshaft, or lifter/follower issues.

The contractor shall proceed with cylinder head and top end disassembly as required, including injector and cylinder pack replacement, liner counterboring or shimming if needed, and further machining depending on liner condition. The #8 Head gasket requires repair. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Gen 4 (S/N 33118512) – The contractor shall address low oil pressure and smoke by replacing damaged or leaking exhaust manifolds on both sides, replacing deteriorated exhaust bellows, removing and inspecting the turbochargers, and replacing all turbo-related gaskets, clamps, and oil feed and drain lines. The contractor shall repair leaking rocker-box coolant pipes and O-rings, reseal valve and rocker cover, and replace the CCV hose and clamps. The contractor shall perform a comprehensive cooling-system reseal, including all related gaskets, O-rings, thermostats, and housing components, and replace failing jacket hoses and clamps. Top-end findings indicate leaking cylinder heads and head gaskets with possible cylinder or liner damage, and the contractor shall not proceed with teardown. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost and provide that information to the COR for approval to proceed with the repairs.

Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Gen 5 (S/N 33118693) – The contractor shall replace the exhaust bellows, manifolds, gaskets, and associated hardware; replace the turbo oil feed and drain lines with all related seals; perform a full coolant-system reseal including all hoses, rocker-box coolant pipes and O-rings, and coolant flanges and gaskets; replace the jacket heaters; replace the valve and rocker covers; replace the CCV hose and clamps; and reseal the oil-bypass lower hose at the oil pan. The contractor shall also perform a load-bank test after completing all repairs. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Gen 6 (S/N 33118694) – Contractor shall address all identified deficiencies, including resealing the leaking oil-filter plug and oil-filter-housing gaskets, replacing both deteriorated and leaking exhaust bellows with new gaskets and hardware, and correcting multiple coolant-system leaks throughout the engine. The contractor shall replace leaking rocker-box gaskets, valve-cover gaskets, rocker-box coolant pipes and O-rings, failing jacket heaters, thermostat-housing gaskets, ceiling-run coolant-pipe gaskets, and all aged or contaminated coolant hoses. The contractor shall install new thermostats, replace all accessible coolant-system O-rings and gaskets up to the ceiling pipes (excluding head gaskets), and complete a full reseal of all accessible coolant components. Upon completion, the contractor shall retest the unit to confirm leak-free operation. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial

Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Loch Raven VAMC Gen 1 LR (S/N K950592003) – replace batteries and cables, perform full belt and tensioner service, complete a full PM service (oil, filters, coolant), and carrying out an extensive cooling-system overhaul involving replacement of all coolant hoses, O-rings, thermostats, and several gaskets. Reseal the oil cooler and aftercooler. Turbo oil/coolant lines shall be inspected and replaced as needed. The cooling system should be fully flushed using cleaner and distilled water, then refilled with ELC coolant. Approximately 50 gallons each of distilled water and coolant are required, plus system cleaner. After repairs, a load-bank test to verify performance. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Loch Raven VAMC Mobile LR (S/N 34089333) – a full PM service (oil, filters, coolant) and carrying out an extensive cooling-system overhaul involving replacement of all coolant hoses, O-rings, radiator cap, thermostats, and several gaskets. The contractor shall complete a cooling system flush with a load bank to ensure proper circulation and cleaning. After the flush, the cooling system may reveal additional issues and any additional issues shall be brought up to the COR. The contractor shall evaluate the enclosure’s structural condition, as corrosion and standing water have been noted within the structure. If additional work effort (AWE) is found on these machines the contractor will write up the repairs required with a new cost, and provide that information to the COR for approval to proceed with the repairs Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

Fuel Polishing - The contractor shall collect pre polishing fuel samples to establish baseline compliance with ASTM D975 requirements, including water and sediment testing per ASTM D2709 and ASTM D1796, flash point, viscosity, sulfur content, and lubricity, and shall determine particulate contamination levels using ISO 4406 particle counting at 4?µm, 6?µm, and 14?µm. The contractor shall deploy a portable, self contained fuel polishing system equipped with coalescers, water separators, and fine filtration rated at 4?µm absolute or better and shall continuously circulate and filter the fuel until it meets ISO 4406 cleanliness levels of =?18/16/13 or OEM specified contains no more than 200?ppm water with microbial contamination mitigated and satisfies all ASTM D975 performance criteria. Following polishing, the contractor shall collect post service samples and verify ISO 4406 cleanliness code results, conduct ASTM D975 testing for water and sediment, flash point, cloud point, and lubricity, and confirm water concentration of =?50?ppm when finer compliance is required.

Contract Period: Base POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J030 - Maintenance, Repair, and

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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 line item or subline item, if applicable;

(D) Contractor point of contact; and

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

Officer.

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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.

(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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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.

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