36C26225Q1208_1.docx

36C26225Q1208

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

POINT OF CONTACT*

Contracting Specialist Mark Welshans mark.welshans@va.gov

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

NCO 22 - Network Contracting

3601 S. 6th Avenue

Tucson AZ

ADDITIONAL INFORMATION

DESCRIPTION

This solicitation is service-disabled veteran owned small business (SDVOSB) set-aside for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26225Q1208

The Department of Veterans Affairs Long Beach Healthcare System has a requirement for Generator Maintenance. The Contractor shall furnish all supplies/services at the medical center.

***VA Notice of Limitations on Subcontracting - Certificate of Compliance: To be eligible for evaluation and consideration for award, offerors must return the entire Limitations on Subcontracting Certificate of Compliance clause containing a fully completed certification at the time offers are due or the offer will be rejected and not forwarded for evaluation. In addition to completing the offeror ‘fill-in’ requirements for this clause, offerors must insert the offeror’s name in the brackets containing the following verbiage “[Insert Name of Offeror]” to have a fully completed certification.***

The solicitation will be in accordance with FAR Part 12, 13, 15, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 811310, Size Standard $12.5 million. The Contractor shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award. Due to time constraints, responses to the solicitation shall be due on Friday, July 25, 2025, at 03:00 PM MST Local Time. Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Correspondence or questions may be directed to Mark Welshans, Contracting Specialist at Mark.Welshans@va.gov with "36C26225Q1208, “Long Beach VA Generator” in the subject line until Wednesday, July 23, 2025, at 03:00 PM MST Local Time. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.sam.gov to do business with the Government. Ensure your registration is correct, current and has not expired.

Combined Synopsis/Solicitation Notice

Table of Contents

SECTION B - CONTINUATION OF COMBINED SYNOPSIS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C262 Adrienne Brown

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Tungsten Network at:

https://www.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of

B.2 STATEMENT OF WORK

VHA Long Beach Healthcare System Engineering Service Scope of Work

Contract Title:

Annual Generator Preventative Maintenance

Introduction & Background:

VA Long Beach Healthcare System (VALBHCS) located at 5901 East 7th Street, Long Beach, CA 90822-5201, has a requirement for annual generator systems preventative maintenance services for twelve (12) generators and twenty-two (22) ATS’s that provide back-up power for the Emergency Electrical Distribution System. Generators must be kept in optimal working condition to ensure correct and efficient operation as/when needed at/for the VA Long Beach Healthcare System. Services shall also comply with all VA, local, state, and Federal policies and regulations.

General Requirements:

· Contractor shall provide all Labor, Parts, Materials, Equipment, and Supervision

· required to perform all work.

· Contractor (general or sub-contractor) is required to have completed and provide current safety training certifications:

· Superintendent: 30-hours Construction Safety course.

· Tradesmen: Occupational Safety and Health Administration (OSHA) 10-hour Construction Safety training

· Contractor shall check-in with the Point of Contact(COR) upon arrival at the VHA Long Beach Healthcare System.

· Contractor shall wear all OSHA regulated and VHA Personal Protective Equipment (PPE).

· Prior to start of work, contractor personnel shall attend a safety briefing presenting by VA Long Beach safety Department.

· Prior to start of work, ALL energy sources (electrical, water, etc,) must be locked and tagged out, and upon completion of work, will be re-energized and verified.

· During the construction process the contractor must ensure safety and exclude the possibility of injury to patient, staff and visitors.

· Contractor will abide by all hospital policies for Infection Control Risk Assessment (ICRA) and Interim Life Safety Measures (ILSM) policies. Contractor will set up work area providing all barriers and protection needed to ensure safe removal and replacement of equipment and/or materials.

· Healthcare System Policy: Infection Prevention & Control Guidelines, Section One-22, Issue Date January 31, 2019, Construction, Renovation, Repair and Demolition

· Healthcare System Policy: Interim Life Safety Measure, Issue Date January 2020.

· The Contractor must attain and provide the correct type of permit required by VHA Safety Office. Work cannot commence until the appropriate work permit has been signed off by all parties. The following permits may apply depending on the scope of work:

· Hot Work Permit

· Above the Ceiling and Penetration Permit

· Energized Electrical Permit

· Utility and Fire Alarm System Permit

· Utility Shutdown Permit

· Collect, contain and dispose of all debris daily and upon completion of work resulting from the overall scope of the project according to VHA Regulations.

· The contractor is responsible for repairing damages incurred during the performance of this scope of work to include removal/installation or moving materials and tools in and out of the work area.

· Contractor shall provide the VHA staff with a Master schedule with proposed days to start the PMs withing 7 days of awarded contract.

· Contractor shall check-in with, notify, and coordinate ALL work activities through/with the VA Point of Contact (POC) or designee – prior to scheduling and/or performing any work.

· The contractor shall provide the POC with a copy of the service report of the service provided for each generator after every service is completed. This will include the name, serial number, model, date and services provided.

Scope of Work

The purpose of this contract is to have a Contractor furnish all equipment, expertise, incidentals, labor, materials, parts, supervision, supplies, tools, and qualified personnel to perform the annual generator systems preventative maintenance services for/on twelve (12) generators and twenty-two (22) ATS’s that provide back-up power for the Emergency Electrical Distribution System. Services performed shall conform to industry standards and this statement of work (SOW), and lockout-tagout procedures are to be done in accordance with OSHA Standard 29 CFR 1910.147 and VALBHCS policies and regulations.

The Contractor is responsible to provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance of each generator stations as required.

Annual Service Required: (Please See specific task for additional requirements)

· Check fuel and oil levels. Check for leaks.

· Inspect air cleaner elements. Clean as required. Inspect crankcase breathers and note any excessive blow-by.

· Inspect turbocharger rotation and end play.

· Inspect hose’s for security, brittleness, cracking, leaks, and weaknesses. Check all hose clamps and tighten as required.

· Inspect fans and alternator belts for proper tension and condition. Adjust as required. (Base year belts are replaced)

· Inspect day tank, piping, motors, and levels. Check for leaks. Service fuel/water separators and replace fuel filters.

· Inspect batteries, cables and lugs for tightness. Replace batteries annually and fill cells as required. Record battery cells specific gravities. Check for correct electrolyte level. Record DC voltage power supply. Inspect battery charger and record DC voltage power supply.

· Inspect engine control panel for loose connections. Tighten as required.

· Inspect the jacket water heater for the correct operation.

· Inspect water pumps for leaks and/or unusual noises.

· Inspect governor and engine controls. Inspect controls and linkage for proper operation. Add lube oil as necessary.

· Test all engine safety shutdown pre-alarms and alarms.

· Inspect radiator for leaks and clogged ends. Check cooling systems for anti-freeze and Nalcool protection. Add water and anti-freeze as required for safe engine operation.

· Start engine and warm up. Record operation. Adjust RPM as required. Check for fluid leaks. Check all instruments for proper operation.

· Change oil and oil filters.

· Take oil sample for analysis.

· Change fuel filters on the generator.

· Inspect junction boxes for loose connections. Tighten as required.

· Inspect generator brushes for proper setting and clean slip rings. Lubricate generator bearings.

· Inspect and clean generator exciter and regulator. Check for loose connections

· Change air filters

· Replace all batteries

SPECIFIC TASKS:

BATTERIES:

· Starting batteries shall be removed and replaced with new batteries.

· Check battery chargers for proper algorithm, voltage, and current output.

FUEL SYSTEM:

· Above ground diesel tanks and lines shall be inspected for defects.

ENGINE:

· Check for fuel, oil and/or coolant leaks, and tighten all bolts, nuts and retaining devices as necessary.

· Governor system and linkage shall be checked for binding and proper operation.

· Inspect overall condition of air intake and exhaust system.

· Air filters shall be removed and replaced.

· Engine block heater(s) and associated plumbing shall be checked for proper operation.

· Base year all belts shall be changed. Subsequent years, belts shall be checked for proper tension and signs of age, wear, and tear.

· Inspect all wiring, cabling, and connections for any corrosion, abrasion, chaffing, or breaks.

· Check alternator for overall condition and proper current charge output.

· Check the overall condition of starter.

· Check and inspect overall condition of equipment for obstructions, debris, and corrosion.

· Clean as required.

COOLING SYSTEM:

· Base year, coolant and radiator caps shall be replaced with new.

· Subsequent years, coolant shall be tested for proper mixture with a coolant test strip.

· Radiator shall be checked externally for debris, leaks, and/or corrosion.

· Radiator cap shall be checked for proper seal.

· All cooling system hoses shall be checked and tightened.

· Check coolant system levels and add necessary fluid as required.

GENERATOR CONTROLLER:

· Check electrical connections and wiring for any corrosion, abrasion, chaffing, and breaks.

· Tighten all electrical connections.

· Check switches and gauges.

· Check panel lights.

MAINTENANCE SERVICE:

· Perform inspections as noted above.

· Change engine lubricating oil and oil filters.

· Change fuel filters.

· Change water filters and coolant conditioners when used.

· Obtain oil samples for analysis by fluid testing Laboratories.

· Dispose of maintenance service hazardous waste at an approved disposal site.

· Obtain coolant sample for analysist by fluid testing Laboratories and provide report.

· Run generator for thirty (30) minutes after all maintenance is complete to check operation of engine.

· Provide written report of all checked systems, anomalies detected, maintenance accomplished / performed, and recommendations for further maintenance / repairs.

ATS Preventative Maintenance Cleaning & Transfer Test

· Complete visual inspection or wiring/connections for tracking, overheating and insulation deterioration.

· Visually inspect for physical damage, anchorage, and grounding.

· Verify NPA is operational (normal power available).

· Visually inspect control wiring.

· Verify EPA light is operational (emergency power available).

· Perform ATS Transfer Test to ensure communication between utility power & ATS. (if allowed by facility)

· If ATS Test is performed, then verify test light is lit (not present with all ATS)

· Check and record normal and emergency source voltages

· Inspect Solid State Controls for cleanliness and serviceability.

· Shut down power and deenergize the ATS (everything that is backed up by the ATS will be down, unless you have an isolation bypass ATS).

· Clean, lubricate and inspect transfer mechanism, check alignment, and manually operate in accordance with manufacturers' instructions.

· Check switch to ensure positive interlock between normal and alternate sources.

· Check bypass and isolation features, if applicable.

· Check tightness of all de-energized cable connections and bus and joints.

· All arc chutes and pole covers are removed and cleaned. Main current carrying contacts inspected for water.

· Control wiring is inspected, and all electrical connections checked for tightness.

· Perform contact resistance tests with switch in both source positions.

· Monitor and verify correct operation and timing for the following:

▪ Normal voltage sensing relays (if any)

▪ Engine start sequence

▪ Time delay upon transfer

▪ Alternate voltage sensing relay

▪ Automatic transfer operation

▪ Interlocks and limit switch function

▪ Timing delay and retransfer upon normal power restoration

EQUIPMENT TO BE COVERED / SERVICED:

GENERATOR 5: CUMMINS ONAN 250KW (1 ATS)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All Work can be completed during normal business hours, M-F 8:00AM-4:00PM.

GENERATOR 5A: CUMMINS ONAN 600KW (2 ATS’s- 1 in Bldg 5b)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed during normal business hours, M – F 8:00AM – 4:00PM.

GENERATOR 5B-1: CATERPILLAR 2.5MW

· Perform all annual maintenance service as identified / listed / stated above.

· All work can be completed during normal business hours, M – F 8:00AM – 4:00PM.

GENERATOR 5B-2: CATERPILLAR 2.5MW

· Perform all annual maintenance service as identified / listed / stated above.

· All work can be completed during normal business hours, M – F 8:00AM – 4:00PM.

GENERATOR 5B-3: CATERPILLAR 2.5MW

· Perform all annual maintenance service as identified / listed / stated above.

· All work can be completed during normal business hours, M – F 8:00AM – 4:00PM.

GENERATOR 126: CUMMINS ONAN 1000KW (6 ATS’s- 2 in Bldg 165)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed SATURDAY OR SUNDAY between 7:00AM – 4:00PM.

GENERATOR 126O/P: CUMMINS ONAN 600KW (4 ATS’s)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed SATURDAY OR SUNDAY between 7:00AM – 4:00PM.

GENERATOR 133: CUMMINS ONAN 400KW (1 ATS)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed during normal business hours, M – F 8:00AM – 4:00PM.

GENERATOR 138: CUMMINS ONAN 500KW (3 ATS’s)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed SATURDAY OR SUNDAY between 7:00AM – 4:00PM.

GENERATOR 150: CUMMINS ONAN 360KW (3 ATS’s)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed during normal business hours, M – F 8:00AM – 4:00PM.

GENERATOR 164: DETROIT DIESEL 500KW ( 3 ATS’s)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed SATURDAY OR SUNDAY between 7:00AM – 4:00PM.

GENERATOR 149: CUMMINS 50KW ( 1 ATS’s)

· Perform all annual maintenance service as identified / listed / stated above.

· Provide temporary generator, cabling, hook-ups, and cabling ramps needed for emergency back-up during maintenance.

· All work can be completed SATURDAY OR SUNDAY between 7:00AM – 4:00PM.

Contract Modifications:

· Modifications for this project must be submitted to the assigned POC who will then submit a formal request to the Contracting Officer (CO). New work is not allowed to commence prior to Contracting Officer’s signed and written approval via fully executed Standard Form (SF) 30 modification.

· The Modification is considered official only when the Contracting Officer and Contractor sign the Modification and the CO provides all parties a copy of the contract Modification.

Scheduled Status Reports:

Status the schedule and provide a Schedule Status Report no more than 3 days from the start of the period of performance. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress including those that may be required by the Contracting Officer, without additional cost to the Government.

Progress Meetings:

The Government and the Contractor shall meet daily (or as otherwise mutually agreed to) between the meetings described in paragraph Periodic Schedule Update Meetings for the purpose of jointly reviewing the actual progress of the project as compared to the as planned progress and to review planned activities for the upcoming two weeks. The then current and approved schedule update shall be used for the purposes of this meeting and for the production and review of reports. The Contractor's Project Manager and the Authorized Representative of the Contracting Officer shall attend.

The contractor is responsible for recording Meeting Minutes for all official meetings with the Government and distributing them via email to the meeting participants, POC, and CO, within two (2) working days of the meeting.

Official meetings include, but are not limited to security service coordination meetings, and any meeting the Contractor has with the Contracting Officer or POC regarding the Contract Quality or Performance.

Payment and Invoicing:

Each invoice will be processed for payment upon the completion of the project and all deliverables within the scope of work have been deemed accomplished by the POC.

Invoices shall be billed over the course of the project lifespan. shall not be released until the POC deems the project is complete.

Progressive invoice payments as directed by the POC and agreed upon by the Contractor.

Performance Monitoring - Routine inspections by Facilities Personnel:

The Government and the Contractor shall meet weekly (or as otherwise mutually agreed to) between the meetings described in paragraph Periodic Schedule Update for the purpose of jointly reviewing the actual progress of the project as compared to the as planned progress and to review planned activities for the upcoming two weeks. Then the current and approved schedule update shall be used for the purposes of this meeting and for the production and review of reports. The Contractor's Project Manager and the Authorized Representative of the Contracting Officer shall attend. The weekly progress meeting will address the status of RFI's, RFP's and Submittals.

Contractor Qualifications & Certification:

Technicians must be certified per NFPA 99 and Joint Commission as determined by the POC.

Identification, Parking Smoking and VHA Regulations Contractor shall obtain a “Contractor I.D. Badge” from the VA Police. All Contractor personnel shall ALWAYS wear required visible identification issued by the VA Police during the entire time they are on the VA Healthcare System campus.

The POC is responsible for determining the type of Temporary ID badge that will be issued to the Contractor (including Sub-Contractors). All ID badges will be issued via the VHA Police.

Contractors (including Sub-Contractors) are required to wear Temporary ID Badges that are determined by the POC:

One to fourteen (1-14) day temporary Fifteen (15) consecutive days or greater. A background check is required. In accordance with VHA Directive 0710 all Contractor personnel providing services under this contract shall be the subject to a background screening and must receive favorable adjudication from the VA prior to contract performance. The level of screening for this contract is: Special Agency Check. Any employee whose background investigation yields unfavorable results shall be removed immediately from performance under this contract. In the event the screening is not completed prior to contract performance, the Contractor shall be responsible for the actions of those individuals performing under the contract.

Parking information is available from the VA Police & Security Service Office. It is the responsibility of the Contractor to park only in appropriately designated parking areas. The VA shall not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

Smoking is prohibited throughout the VA Healthcare System campus.

Possession of weapons is prohibited while on the ANY VA Healthcare System campus. Enclosed containers, including tool kits, shall be subject to search / seizure.

Violations of VA regulations may result in citation answerable in the United States Federal District Court, not at/in the local district, municipal, or state court.

Personnel Security Requirements:

The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

Conformance Standards All design and construction accomplished pursuant to this contract shall comply with the latest edition of the following documents unless the contractor is directed otherwise by the Contracting Officer. Any exceptions must be approved in writing by the Contracting Officer prior to construction startup.

VA Master Construction Specifications https://www.cfm.va.gov/til/spec.asp#01 VA Construction Standards VA Seismic Design Handbook VA Space Planning Criteria VA Design Manuals VA CADD Standards NFPA 101, Life Safety Code NFPA 110, Standard for Emergency Standby Power Systems NFPA 70, National Electric Code NFPA 99, Health Care Facilities NFPA 12, Installation of Sprinkler Systems Accessibility Standards (ADAAG, ABAAS, Barrier Free Design Guide) AIA Guidelines for Construction and Equipment of Hospital and Medical Facilities International Building Codes State and Local codes and guidelines (as applicable)

Insurance Coverage:

The contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish a certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

The contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

Government-Furnished Equipment / Government-Furnished Information:

No government equipment will be used by the awarded Contractors.

Risk Control:

If applicable, the Point of Contact will work with VHA Safety and Infection Control services to establish an Interim Life Safety Measures (ILSM) and Infection Control Risk Assessment (ICRA) that must be followed by the Contractor.

VHA requires documentation of Tuberculosis (TB) risk assessment for contractors, and dependent on the project risk level, documentation of results of TB testing and follow-up of those with positive results. VHA Directive 2011-036.

Place of Performance:

VHA Long Beach Healthcare System located at 5901 East 7th Street, Long Beach, CA, 90822.

All work shall be scheduled during normal work hours (7:00 AM to 4:30 PM) Monday – Friday, Pacific Standard Time (PST), excluding Federal Holidays. Work shall not impact patient care services.

Weekend (Saturday or Sunday) work must be approved by the POC assigned to the Task Order.

After hours (6PM-6AM, Pacific Standard Time (PST)) work must be approved by the POC.

Any overtime or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

If a holiday falls on Sunday, the following Monday shall be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

Government Holidays observed include:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2025

Period of Performance:

365 days post the Notice to Proceed (NTP) being issued to the Contractor.

Delivery Schedule:

Contact the Point of Contact (POC).

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Emergency Power Generator and ATS Preventative Maintenance Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Emergency Power Generator and ATS Preventative Maintenance Contract Period: Option 1 POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Emergency Power Generator and ATS Preventative Maintenance Contract Period: Option 2 POP Begin: 08-01-2027 POP End: 07-31-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Emergency Power Generator and ATS Preventative Maintenance Contract Period: Option 3 POP Begin: 08-01-2028 POP End: 07-31-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Emergency Power Generator and ATS Preventative Maintenance Contract Period: Option 4 POP Begin: 08-01-2029 POP End: 07-31-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

B.4 DELIVERY SCHEDULE

5901 E. 7th St.

Long Beach, CA 90822

USA

5901 E. 7th St.

Long Beach, CA 90822

USA

5901 E. 7th St.

Long Beach, CA 90822

USA

5901 E. 7th St.

Long Beach, CA 90822

USA

5901 E. 7th St.

Long Beach, CA 90822

USA

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for…