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This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs (VA) for boiler plant services at the Greater Los Angeles VA Healthcare System. The solicitation number is 36C26226Q0383, with an offer due date of March 24, 2026 at 10:00 AM PDT and a site visit scheduled for March 4, 2026 at 10:00 AM PST. This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside on a firm-fixed-price basis with an estimated contract value of $19 million. The base period of performance runs from May 1, 2026 through April 30, 2027, followed by three optional one-year periods through April 30, 2030. Only certified SDVOSBs registered in the SBA certification database under NAICS code 238220 are eligible to submit offers.

The Statement of Work requires comprehensive boiler plant services including combustion tuning and testing performed quarterly, boiler emission testing quarterly and annually, preventive maintenance performed annually, and safety device testing semi-annually and annually. The contractor must maintain three 45,000 steam lbs/hr Babcock and Wilcox water tube boilers equipped with anhydrous ammonia SCR systems and associated auxiliary equipment to comply with SCAQMD regulatory requirements and VACO Directive 1810. Key contractor qualifications include possession of a valid California C-4 boiler license, knowledge of SCAQMD rules and VACO Directive 1810, Horiba Factory Certification for analyzer operation and maintenance, and PLC programming knowledge. The contractor is responsible for all labor, materials, waste disposal, confined space and hot work permits, and SCAQMD compliance. Services include boiler combustion tuning, SCR system maintenance, continuous emissions monitoring system (CEMS) calibration and testing, boiler safety device testing, preventive maintenance, boiler inspection accompaniment, process control testing and calibration, and deaerator and condensate tank maintenance. The price schedule contains five line items for the base year and three optional periods: Boiler Plant Preventative Maintenance, CEMS Preventative Maintenance, Troubleshooting and Repair Services (416 hours), Ammonia Services, and Emergency Repair Services. Work is generally performed during normal business hours Monday through Friday, 8:00 AM to 4:00 PM PST, with PM work conducted in summer months (July–October) when equipment can be shut down, and deaerator/condensate tank entry only during plant shutdowns after hours on weekends. Invoices must be submitted monthly via the Tungsten Network electronic submission system, and all work must be performed in accordance with applicable FAR clauses and VAAR provisions applicable to SDVOSB set-asides and service contracts.

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36C26226Q0383

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

36C26226Q0383 02-26-2026 Christofaro, Jennell 520-792-1450 03-24-2026 10:00

PDT

36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723 X X 238220 $19 Million N/A X 36C Department of Veterans Affairs Greater Los Angeles VA Healthcare System

GLA

11301 Wilshire Blvd.

Los Angeles CA 90073 36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page This solicitation is for the Boiler Plant Services listed within the statement of work for the Greater Los Angeles VA Healthcare System.

This requirement is a total SDVOSB set-aside, Firm-Fixed price contract.

Site Visit will be scheduled for Wednesday, March 4, 2026 @ 10:00 am Pacific Standard Time (PST). Please email Jennell Christofaro at jennell.christofaro@va.gov no later than Tuesday, March 3, 2026 at 2:00 pm PST to make a reservation for this site visit. This site visit is highly encouraged.

All offers and inquiries must be submitted as instructed in Section E.2 "Addendum to 52.212-1 Instructions to Offerors" of this solicitation.

X X X Helena Roba Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK3
B.3 PRICE/COST SCHEDULE15
ITEM INFORMATION15
SECTION C - CONTRACT CLAUSES21
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)21
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)26
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)26
C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)27
C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)36
C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)38
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)40
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)40
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS49

D.1 Wage Determination…………………………………………………………………………49

SECTION E - SOLICITATION PROVISIONS50
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)50
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES53
E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)55
E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)55
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)59
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)60
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)61

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: Name:

UEI:

Address:

City/State/Zip:

POC:

Phone #:

Email:

b. GOVERNMENT: Contracting Officer 36C262 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:

[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, Upon Services Rendered

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

BOILER PLANT SERVICES

1. GENERAL INFORMATION:

1.1 SERVICE REQUIREMENT:

The Contractor shall provide all necessary labor, materials, supplies, parts, tools, equipment, travel, transportation expenses and other related costs to perform boiler plant tuning, testing and preventive maintenance for boilers and auxiliary equipment to ensure SCAQMD regulatory and VACO Directive 1810 compliance located at the Greater Los Angeles VA Healthcare System.

1.2 PLACE OF PERFORMANCE:

VA Greater Los Angeles Healthcare System (VAGLAHS) 11301 Wilshire Blvd. Bldg. 295 Los Angeles, CA 90073

1.3 BACKGROUND

The boiler plant consists of three 45,000 steam lbs/hr water tube boilers equipped with anhydrous ammonia SCR systems and associated auxiliary equipment. The system includes a CEMS with DAS and toxic gas alarm systems. This equipment and systems need to be tuned, calibrated, tested, and maintained to ensure safe, reliable and efficient operation to comply with SCAQMD and VACO directive requirements.

1.4 PERFORMANCE SCHEDULE:

1.4.1 Boiler combustion tuning is performed quarterly.

1.4.2 Boiler emission testing is performed quarterly and annually.

1.4.3 Boiler Plant PM is done annually.

1.4.4 Boiler Plant Safety Device Testing is performed semi-annually and annually.

1.4.5 Boiler CEMS are inspected and calibrated daily. CGA and RATA are performed quarterly. Source test is performed annually.

1.5 CONTRACT TYPE

Firm fixed price.

2. GENERAL REQUIREMENTS:

2.1 CONTRACTOR REQUIREMENTS:

2.1.1 Contractor is responsible for all manpower, equipment and materials

2.1.2 Contractor is responsible for all confined space and hot work permits

2.1.3 Contractor is responsible for all hazardous and non-hazardous waste disposal

2.1.4 Contractor is responsible for all SCAQMD required inspection, testing and reporting requirements

2.1.5 Any failure of any system or equipment covered in this contract must be corrected by the contractor within 24 hours’ notice by the COR or designee unless otherwise noted

2.2 CONTRACTOR QUALIFICATIONS

2.2.1 Contractor shall possess a valid CA C4 boiler license

2.2.2 Contractor shall possess knowledge of SCAQMD regulatory rules and permit requirements

2.2.3 Contractor shall possess knowledge of VACO Directive 1810 and Boiler Plant Safety Device Testing Manual

2.2.4 Contractor must be Horiba Factory-Certified in operation and maintenance of Horiba Analyzers

2.2.5 Contractor must have programming knowledge of PLCs, touch screens and DAS.

2.3 BOILER COMBUSTION TUNING AND TESTING REQUIREMENTS

2.3.1 All boiler combustion tuning shall be performed in accordance with SCAQMD regulatory compliance

2.3.2 All boiler combustion tuning shall be from light off to high fire and all points in between on natural gas and fuel oil with air and steam atomization. Both natural gas and propane pilots.

2.3.3 All boiler combustion testing shall be performed by independent, non-biased; 3rd party SCAQMD certified sub-contractor

2.3.4 Contractor shall accompany and assist 3rd party SCAQMD tester during all testing

2.3.5 Any failed or rejected SCAQMD required testing shall be repeated by the contractor at no additional cost to the government.

2.3.6 The contractor shall correct any combustion failure of the boiler to operate within SCAQMD permit conditions within 24 hours’ notice of the COR or designee at no additional cost to the government

2.3.7 Contractor shall supply all O2 calibration gas and perform bottle change outs. (No O2 bottle handling is to be performed by VA personnel)

2.3.8 Contractor shall service/clean/adjust and replace O2 regulator and air pressure regulator as needed

2.4 SELECTIVE CATALYTIC REDUCTION SYSTEM REQUIREMENTS

2.4.1 Each boiler has an SCR system that is required to be tuned in conjunction with all boiler tuning and SCAQMD testing to ensure SCAQMD compliance.

2.4.2 Contractor shall supply all Ammonia and perform bottle change outs

2.4.3 No Ammonia handling is to be performed by VA personnel

2.4.4 Contractor shall service/clean/adjust and replace Ammonia regulators as needed

2.4.5 Log inventory of all Ammonia usage and file with SCAQMD

2.5 CEMS PREVENTIVE MAINTENANCE, CALIBRATION, INSPECTION AND TESTING REQUIREMENTS

2.5.1 All PM, calibration, inspection and testing shall be performed in accordance with SCAQMD regulatory compliance

2.5.2 Any failed or rejected SCAQMD required testing shall be repeated by the contractor at no additional cost to the government

2.5.3 Any failed calibration or system failure must be corrected by the contractor within 24 hours’ notice of the COR or designee at no additional cost to the government

2.5.4 Contractor shall supply all gases and perform bottle change outs. (No bottle handling is to be performed by VA personnel)

2.5.5 Contractor is responsible for ensuring proper operation of DAS and printer and providing all ink/toner cartridges

2.5.6 Any failure of the DAS must be corrected by the contractor within 24 hours’ notice of the COR or designee at no additional cost to the government

2.5.7 Contractor is responsible for all SCAQMD reporting and filing requirements

2.5.8 All CEMS testing shall be performed by independent, non-biased; 3rd party SCAQMD certified sub-contractor

2.5.9 Contractor shall accompany and assist 3rd party SCAQMD tester during all testing

2.6 BOILER PLANT SAFETY DEVICE TESTING REQUIREMENTS

2.6.1 All safety device testing shall be performed in accordance with VACO Directive 1810 and VHA Boiler Plant Safety Device Testing Manual

2.6.2 Contractor must ensure safety device is in correct place.

2.6.3 Contractor must ensure safety device set point is correct.

2.6.4 Contractor must ensure safety device activates at the correct set point.

2.6.5 Contractor must ensure safety devices produce the required effect.

2.6.6 Contractor is responsible for all test gases required.

2.7 BOILER PLANT PREVENTIVE MAINTENANCE AND INSPECTION REQUIREMENTS

2.7.1 Boiler inspector shall be a third party, not employed or affiliated with the contractor, sub-contractor or Veterans Administration.

2.8 BOILER INSPECTOR QUALIFICATIONS

2.8.1 At least one or a combination of 2.8.2, 2.8.3 or 2.8.4.

2.8.2 The Boiler Inspector shall have a valid Commission from the National Board of Boiler and Pressure Vessel Inspectors.

2.8.3 A Boiler Inspector who is regularly employed as a boiler inspector by a jurisdiction that has adopted and administers one or more sections of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code as a legal requirement and has a representative serving as a member of the ASME Conference Committee.

2.8.4 A Boiler Inspector who is regularly employed by an insurance company that has been licensed or registered by the appropriate authority of a state of the United States to write boiler and pressure vessel insurance.

2.9 CALIBRATION LAB QUALIFICATIONS FOR THE MAIN STEAM GAUGE

2.9.1 ANSI-ASQ National Accreditation Board (ANAB) ISO/IEC 17025:2005, ANSI/NCSL Z540-1-1994 while demonstrating technical competence in the field of calibration.

2.10 CALIBRATION LAB REQUIREMENTS FOR THE BOILER AMMONIA MASS FLOW CONTROLLER AND GAS FLOW METER

2.10.1 International Accreditation Service (IAS) ISO/IEC standard 17025:2005.

3. SCOPE OF WORK

3.1 BOILER COMBUSTION TUNING AND SCAQMD TESTING

3.1.1 Replace boiler SCR fan inlet filter prior to quarterly tuning.

3.1.2 Calibrate boiler O2 trim analyzer (Yokogawa-ZR402G-AC14SARU-ZR22G) zero to span prior to quarterly tuning.

3.1.3 Check for proper operation and adjust as necessary fuel oil back pressure valves and natural gas pressure regulating valves.

3.1.4 Perform all necessary adjustments to achieve SCAQMD compliance and continuous safe operation of boiler.

3.1.5 Perform all required SCAQMD combustion testing and reporting.

3.2 BOILER SAFETY DEVICE TESTING

3.2.1 Determine safety device set point and normal operating range and adjust as necessary, affix parameter label prior to test.

3.2.2 Contractor shall perform Safety Device Testing on Boilers.

3.2.3 Contractor shall perform Safety Device Testing on DA Tank.

3.2.4 Contractor shall perform Safety Device Testing on Condensate Tank.

3.2.5 Contractor shall perform Safety Device Testing on Other Plant Safety Devices.

3.2.6 Contractor shall affix calibration and test stickers to each device upon conclusion of tests.

3.3 BOILER SAFETY DEVICES TO BE TESTED

3.3.1 Check gas vent valves for leaks (main and pilot, natural gas and propane).

3.3.2 High gas pressure cutout.

3.3.3 Low gas pressure cutout.

3.3.4 Safety Shutoff Valves proof of closure (gas).

3.3.5 Leak test safety shutoff valves (gas).

3.3.6 High oil pressure cutout.

3.3.7 Low oil pressure cutout.

3.3.8 Low atomizing pressure cutout.

3.3.9 Oil burner position switch.

3.3.10 Safety Shutoff Valves proof of closure (oil).

3.3.11 Leak test safety shutoff valves (oil).

3.3.12 Oil pump liquid relief valves (2).

3.3.13 Low pilot pressure cutout (gas/propane).

3.3.14 Adjust propane and natural gas pilot flame.

3.3.15 High steam pressure cutout.

3.3.16 Auxiliary high steam pressure cutout.

3.3.17 Steam safety valves.

3.3.18 High water alarm.

3.3.19 Low water alarm.

3.3.20 Low water cutout.

3.3.21 Low water cutout shunt switch.

3.3.22 Auxiliary low water cutout.

3.3.23 Auxiliary low water cutout shunt switch.

3.3.24 Forced draft fan motor interlock.

3.3.25 Forced draft fan purge position switches (high/low).

3.3.26 FGR fan purge position switches (high/low).

3.3.27 FGR and FD fan current sensors.

3.3.28 Purge air flow switch.

3.3.29 Time for pre purge.

3.3.30 Time for post purge.

3.3.31 Igniter timing.

3.3.32 Combustion air flow switch.

3.3.33 Main flame failure time to close valves.

3.3.34 Igniter flame failure time to close valves.

3.3.35 Flame scanner.

3.3.36 Flame scanner not sensing ignition spark.

3.3.37 Low O2 alarm and cutout.

3.3.38 Low instrument air pressure cutout.

3.3.39 Economizer liquid relief valve.

3.3.40 Calibrate draft gauges (4).

3.3.41 *Indicates combination switch/gauge. Gauges are to be zeroed and calibrated prior to test. Purge moisture from lines and ensure no blockages before and after test.

3.3.42 **To be performed prior to relevant test.

3.4 DEAERATOR SAFETY DEVICES TO BE TESTED

3.4.1 High and low water level alarms.

3.4.2 Overflow alarm and valve.

3.4.3 Safety valve.

3.4.4 Safety valve following PRV.

3.5 CONDENSATE TANK SAFETY DEVICES TO BE TESTED

3.5.1 High and low water level alarms.

3.6 OTHER PLANT SAFETY DEVICES TO BE TESTED

3.6.1 Toxic Gas System (Methane/LEL and CO) – MSA Gasgard G (8 sensors 2 strobes).

3.6.2 Ammonia Detection System – MSA Gasgard XL (4 sensors, 2 strobes).

3.6.3 Emergency Fuel Shutdown System – Automation Direct/Allen Bradley (5 stations).

3.6.4 Main Gas Pressure Alarm (Dwyer).

3.6.5 Condensate Pressure Alarm (Dwyer).

3.6.6 Incoming Water Pressure Alarms (Dwyer 2).

3.6.7 Main Feed Pressure Alarms (Dwyer).

3.6.8 Plant Air Pressure Alarm (Dwyer).

3.6.9 Main Steam Header Pressure Alarm (Honeywell).

3.7 BOILER PREVENTIVE MAINTENANCE

3.7.1 Hydrostatically test boiler and economizer prior to performing maintenance.

3.7.2 Perform OSHA approved lock out/tag out of boiler and confined space entry.

3.7.3 Open all steam drum and water drum access doors.

3.7.4 Clean drums of debris and clean all gasket surfaces.

3.7.5 Clean internal feed pipe, surface and bottom blow pipe orifices and openings.

3.7.6 Remove and clean water column plugs.

3.7.7 Remove and clean level alarm probes.

3.7.8 Remove and clean low water cut out float assembly.

3.7.9 Replace ½” schedule 80 nipples for main steam pressure gauge, high steam pressure trip and auxiliary high steam pressure trip.

3.7.10 Remove and disassemble water column gauge glass assembly, clean all surfaces, replace glass and gaskets, reassemble, and reinstall. Center of glass (number 6 on scale) must line up with center plug of water column.

3.7.11 Repack water column gauge glass quick close valves and adjust for proper operation.

3.7.12 Open firebox doors and stack access door and clean all gasket surfaces.

3.7.13 Clean all debris from fire box, air casing and stack.

3.7.14 Remove fireside furnace pressure plugs (2) and ensure clear air flow.

3.7.15 Clean all burner (Faber VP-23.5) orifices.

3.7.16 Clean and lubricate burner air registers.

3.7.17 Remove and clean ignition electrode and set gap to manufacturer specs.

3.7.18 Remove and clean flame scanner (Honeywell C7012).

3.7.19 Remove and clean drum level and drum pressure transmitters screens and ensure lines are free of obstructions.

3.7.20 Replace control air filters.

3.7.21 Replace FGR fan belts and align fan/motor pullies.

3.7.22 Clean FD Fan registers and screens.

3.7.23 Replace SCR catalyst block gaskets.

3.7.24 Provide third party inspection services of internal and external components.

3.8 BOILER INSPECTION

3.8.1 The Contractor shall accompany/assist boiler inspector.

3.8.2 Review the boiler history including operating conditions, date of last inspection, current inspection certificate, ASME stamping on boiler, NB registration number, and history of repairs and modifications.

3.8.3 Review boiler logs, water test reports, and reports on tests performed on the burner controls and interlocks.

3.8.4 Assess the external parts of the boilers and boiler accessories and piping and valves for safety, accessibility, proper maintenance and operation, cleanliness, and compliance with codes.

3.8.5 Inspect for evidence of leakage of combustion gases or fluids, externally and internally, including all gaskets.

3.8.6 Inspect for evidence of leakage of combustion gases or fluids, externally and internally, including all gaskets.

3.8.7 Inspect boilers externally and internally for defects including bulges, blisters, cracks, wasted or eroded material, warping, general corrosion, grooving and pitting, damaged insulation.

3.8.8 Inspect all accessible internal surfaces for waterside and fireside deposits, including scaling, sediment, debris, and carbon deposits

3.8.9 Examine all stays and stayed plates.

3.8.10 Inspect gas-side baffles.

3.8.11 Inspect internal drum surfaces and steam separating internals.

3.8.12 Inspect tubes, tube ends, and tube alignment.

3.8.13 Check for sagging tubes.

3.8.14 Verify that all nozzles of internal piping such as feedwater admission and bottom blowoff collection are clear with no obstructions

3.8.15 Inspect seating surfaces of manways and handholes.

3.8.16 Inspect refractory including burner throat, expansion joint, bull ring, furnace seals, furnace walls, and floor.

3.8.17 Verify proper alignment of burner assembly.

3.8.18 Inspect furnace for evidence of flame impingement.

3.8.19 Test operation of water level gauge glass.

3.8.20 Perform mechanical and electrical inspection of disassembled low water cutouts.

3.8.21 Inspect safety valve installations and verify that the valves have proper capacity and set pressure and that valves, drains, and vents are properly installed.

3.8.22 Verify that valve locking seals are not broken.

3.8.23 Inspect piping to the water column, low water cutoffs and alarms, gauge glass.

3.8.24 Verify that interior of piping is clear of obstructions.

3.8.25 Upon completion of boiler inspection, the Contractor shall restore all the above components to normal operation.

3.9 BOILER PROCESS CONTROLS TESTING AND CALIBRATION

3.9.1 Test, calibrate and adjust to ensure proper operation from zero to span and ensure all devices are cleaned and free of obstructions.

3.9.2 Control air pressure regulator.

3.9.3 Drum Level Transmitter: Yokogawa EJA110E.

3.9.4 Drum Pressure Transmitter: Yokogawa EJA530A.

3.9.5 Economizer Flue Gas Inlet and Outlet Temperature Transmitters: Honeywell STT -25M.

3.9.6 Economizer Feedwater Inlet and Outlet Temperature Transmitters: Honeywell STT -25M.

3.9.7 SCR Flue Gas Outlet Temperature Transmitter: Rosemount 3144P

3.9.8 Fuel oil flow meters Great Plains Industries.

3.9.9 Natural Gas Firing Rate Control Valve and Positioner: HYTORK-SS Pneumatic Valve/ ABB TZID-C Positioner and feedback position transmitter.

3.9.10 Oil Firing Rate Control Valve and Positioner: Warren Pneumatic Valve/ ABB TZID-C Positioner and feedback position transmitter.

3.9.11 SCR Ammonia Mass Flow Controller (Must be removed and delivered to third party calibration lab and reinstalled). Provide copy of calibration certificate.

3.9.12 Boiler Main Steam Pressure Gauge (Must be removed and delivered to third party calibration lab and reinstalled). Provide copy of calibration certificate.

3.9.13 Natural Gas Flow Meter (Must be removed and delivered to third party calibration lab and reinstalled). Provide copy of calibration certificate.

3.9.14 Draft Fan Air Damper Actuator and Positioner: Type-K Pneumatic Damper / Type-K positioner and feedback position transmitter.

3.9.15 FGR Fan Air Damper Actuator and Positioner: HYTORK-SS Pneumatic Valve/ ABB TZID-C Positioner and position feedback transmitter.

3.9.16 Feedwater Level Control Valve and Positioner: HYTORK-SS Pneumatic Valve & Air Torque PT300U / VRC VE900 Positioner.

3.9.17 Fuel oil pressure control transmitter Ashcroft NPIN4DLS02.

3.9.18 At the completion of boiler cleaning, inspection and control element calibration; restore all equipment to normal operation and fire boiler to normal operating pressure and make necessary adjustments to work performed and verify proper operation with no leaks or defects then perform the following safety device testing.

3.9.19 High/Low Water Alarm: Warrick relays and probes.

3.9.20 Low Water Cutout and Auxiliary Low Water Cutoff: McDonald Miller 163 and Warrick relay probes.

3.9.21 High Steam Pressure Cutoff and Auxiliary High Steam Pressure Cutoff: Dwyer Capsu-Photohelic 432300SB.

3.9.22 Flame Failure: Honeywell C7012.

3.10 CEMS PREVENTIVE MAINTENANCE, CALIBRATION, INSPECTION AND TESTING

3.10.1 Perform daily inspection of CEMS calibrations on paperless chart recorder, PLC and DAS. If any failure/exceedance occurs, perform manual calibrations and/or any repairs necessary to comply with SCAQMD regulatory compliance.

3.10.2 Calibration to include daily monitoring and adjustments of calibration gas pressures and flows.

3.10.3 Inspect and clean primary filter packings, O-rings, condensate drains, sample coolers, pumps, filters, diaphragms and sample lines daily.

3.10.4 Inspect and clean secondary filters weekly.

3.10.5 Clean all CEMS cabinet components (including air conditioner air filter).

3.11 DEAERATOR AND CONDENSATE TANK INSPECTION AND CLEANING

3.11.1 Perform OSHA approved lock out/tag out and confined space entry of Deaerator and Condensate Tanks.

3.11.2 Remove all manways.

3.11.3 Perform visual inspection with Plant Operations Supervisor or designee.

3.11.4 Clean tanks of debris and clean all gasket surfaces.

3.11.5 Replace all sight glasses and gaskets.

3.11.6 Replace all level control and alarm sensor electrodes (Warrick).

3.11.7 Replace remote level indicator electrodes and gaskets (Clark Reliance-10) and clean/ensure no obstructions.

3.11.8 Clean DA steam pressure control and tanks level/temperature transmitters and sensing lines and ensure no obstructions.

3.11.9 Clean sulfite injection quill and ensure no obstructions.

3.11.10 Replace control air filter (Norgren).

3.11.11 Replace vacuum breaker on Deaerator.

3.12 DEAERATOR AND CONDENSATE TANK PROCESS CONTROLS TESTING AND CALIBRATION

3.12.1 Test, calibrate and adjust to ensure proper operation from zero to span and ensure all devices are cleaned and free of obstructions.

3.12.2 Level control transmitters (2) Yokogawa EJA110A.

3.12.3 Temperature transmitters (2) Yokogawa YTA110.

3.12.4 Steam pressure transmitters (2) Omega Engineering PX76.

3.12.5 Level control valves and positioners (4) HYTORK-SS Pneumatic Valve/ BLX.

3.12.6 Deaerator overflow valve and positioner HYTORK-SS Pneumatic Valve/ BLX.

3.12.7 Steam pressure control valve and positioner Warren Controls.

3.12.8 At the completion of deaerator and condensate tank cleaning, inspection and control element calibration; restore to normal operating conditions and make necessary adjustments to work performed and verify proper operation with no leaks or defects then perform the following safety device testing.

3.12.9 High- and low-level alarms.

3.12.10 Deaerator overflow alarm and valve operation.

3.13 OTHER PLANT DEVICE CALIBRATION

3.13.1 Test, calibrate and adjust to ensure proper operation from zero to span and ensure all devices are cleaned and free of obstructions.

3.13.2 Main steam header pressure Honeywell ST3000.

3.13.3 Main Gas Pressure (Dwyer).

3.13.4 Condensate Pressure and flow (Dwyer/Onicon).

3.13.5 Incoming Soft Water Pressure and flow (Dwyer/Onicon).

3.13.6 Incoming City Water Pressure and flow (Dwyer/Onicon).

3.13.7 Main Feed Pressure (Dwyer).

3.13.8 Plant Air Pressure (Dwyer).

3.13.9 Main Steam Header Pressure (Dwyer).

3.14 OTHER PLANT MAINTENANCE

3.14.1 Clean the boiler plant drainage trenches and sump pits.

3.14.2 Remove all debris and clean strainers on sump pumps.

3.14.3 Replace float switches on sump pumps (high temp) and ensure proper operation.

3.14.4 Perform corrective actions for any failure of any system or equipment covered in this contract within 24 hours’ notice by the COR or designee (emergency repairs/services).

3.15 REPORTING REQUIREMENTS

3.15.1 Provide an electronic (PDF or Word) report of all work performed and all tuning, calibrations, inspections and testing performed to the COR or designee within 30 days of completion.

3.15.2 Provide hard copies of boiler inspection reports, calibration certificates and all SCAQMD testing within 30 days of completion.

3.15.3 Hard copies of all CEMS PM, tests, inspections, calibrations and reporting are to be kept in Bldg. 295 CEMS cabinet and sent to SCAQMD as required.

Facility Program Point of Contact (PPOC):

Name:

Address:

Phone:

Email:

4. EQUIPMENT SCHEDULE

4.1 BOILERS

4.1.1 Babcock and Wilcox Water Tube D type FM-2788 Boilers (3).

4.1.2 The SCR system utilizes 50# anhydrous ammonia bottles (3) with a MKS mass flow controller and a COEN combustion control system.

4.2 DEARATOR

4.2.1 Crane Water T54S jet tray and tank.

4.3 CONDENSATE TANK

4.3.1 Downey Welding and Manufacturing Co.

4.4 CEMS

4.4.1 There are three separate CEMS units (one for each boiler) that share one supply calibration gas station for Nox, CO, O2 and Zero Nitrogen each with their own regulators, gages and flow meters.

4.4.2 Each CEMS consists of a Horiba O2, CO and Nox analyzer and sample flow conditioner with an Automation Direct PLC and C-More touchscreen calibration system and Yokogawa paperless chart recorder.

4.4.3 Each CEMS contains a sample line heater, peristaltic pump and Ammonia scrubber. The CEMS is connected to a DAS.

4.4.4 Three (3) Horiba boiler (CEMS) model CLA-510NOx Analyzer, MPA-510 O2 Analyzer, VIA-510 CO Analyzer and ESC-510 Sample Conditioner. Automation Direct PLC, C-More touch screen, Yokogawa paperless chart recorder, DAS, sample lines and sample line heaters, peristaltic pumps, Ammonia scrubbers, gages, thermometers, tubing and all other parts of the CEMS unit.

5. PERIOD OF PERFORMANCE

Base Year, followed by three one-year option periods.

Estimated Period of Performance: 05/01/2026 – 04/30/2030

6. HOURS OF OPERATION

6.1.1 PM work is to be performed in the summer months (July-October) when the equipment can be shut down. Only one boiler may be down at any time.

6.1.2 Physical entry into the Deaerator and condensate tanks can only be performed during a plant shutdown/s that will occur after hours (6:00PM-4:00AM PST) on a Saturday/s, time is to be determined.

6.1.3 Generally normal working hours (M-F, 8:00AM-4:00PM PST).

6.1.4 Weekends, holidays and after-hours work may be necessary as boiler plant is online 24/7/365.

Hours/days may be adjusted to accommodate third party testers and inspectors or operational needs of the facility subject to the prior approval of the COR or designee.

Any overtime and/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.

National Holiday Schedule:

New Year’s Day
January 01
Martin Luther King’s Birthday
Third Monday in January
President’s Day
Third Monday in February
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 04
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veterans Day
November 11
Thanksgiving Day
Fourth Thursday in November
Christmas Day
December 25

7. GLOSSARY

CEMS-Continuous Emission Monitoring System
DAS-Data Acquisition System
PLC-Programmable Logic Control/Controller
QA/QC-Quality Assurance/Quality Control
SCAQMD-South Coast Air Quality Management District
RATA – Relative Accuracy Test Audit
CGA – Calibration Gas Audit
PM – Preventive Maintenance
COR – Contracting Officers Representative

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

1.00

YR

Boiler Plant Preventative Maintenance, Tuning, and Testing Services (IAW Statement of Work).

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
________________

CEMS Preventative Maintenance, Calibration, Inspection and Testing Services (IAW Statement of Work)

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

416.00
HR
_________________
_________________

Troubleshooting and Repair Services (IAW Statement of Work)

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Ammonia Services (to include supply and delivery)

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Emergency Repair Services

POP Begin: 05-01-2026 POP End: 04-30-2027

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
________________
_________________

Boiler Plant Preventative Maintenance, Tuning, and Testing Services (IAW Statement of Work).

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

CEMS Preventative Maintenance, Calibration, Inspection and Testing Services (IAW Statement of Work)

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

416.00
HR
_________________
_________________

Troubleshooting and Repair Services (IAW Statement of Work)

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Ammonia Services (to include supply and delivery)

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
________________
_________________

Emergency Repair Services

POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Boiler Plant Preventative Maintenance, Tuning, and Testing Services (IAW Statement of Work).

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

CEMS Preventative Maintenance, Calibration, Inspection and Testing Services (IAW Statement of Work)

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

416.00
HR
_________________
_________________

Troubleshooting and Repair Services (IAW Statement of Work)

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Ammonia Services (to include supply and delivery)

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Emergency Repair Services

POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Boiler Plant Preventative Maintenance, Tuning, and Testing Services (IAW Statement of Work).

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

CEMS Preventative Maintenance, Calibration, Inspection and Testing Services (IAW Statement of Work)

POP Begin: 05-01-2029 POP End: 04-30-2030

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

416.00
HR
_________________
_________________

Troubleshooting and Repair Services (IAW Statement of Work)

POP Begin: 05-01-2029 POP End: 04-30-2030

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Ammonia Services (to include supply and delivery)

POP Begin: 05-01-2029 POP End: 04-30-2030

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

1.00
YR
_________________
_________________

Emergency Repair Services

POP Begin: 05-01-2029 POP End: 04-30-2030

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

GRAND TOTAL
_________________

36C26226Q0383

Page 1 of Page 1 of

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…

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