36C24127Q0001.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

VAMC Providence

830 Chalkstone Avenue Providence RI 02908

POINT OF CONTACT*

Contract Specialist Rosangela Pereira Rosangela.Pereira@va.gov

PLACE OF PERFORMANCE

830 Chalkstone Avenue

Providence RI

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06.

This solicitation is set-aside for veteran-owned small business (VOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 – Industrial Gas Manufacturing, with a small business size standard of 1,200 employees.

The FSC/PSC is 6835 – Medical Gases.

The VAMC Providence is seeking to purchase medical-grade liquid bulk oxygen.

All interested companies shall provide quotations for all of the following line items:

Services

Option Year 2 Total

Statement of Work Medical-Grade Liquid Bulk Oxygen

The Contractor shall provide Medical-Grade Liquid Bulk Oxygen to:

Veteran Affairs Medical Center (VAMC) Providence Building 1 830 Chalkstone Avenue Providence, RI 02908-4734

Period of Performance The period of performance is one-year base period plus four one-year option periods.

1. General

1.1 The purpose of this requirement is to establish a committed source of supply of medical-grade liquid bulk oxygen for this facility. This Government facility does not own its own bulk oxygen tank. The current contractor has provided a contractor-owned 3000-gallon tank with an appropriate 400-gallon reserve tank back-up system meeting NFPA 99 code standards. If warranted, the new contractor shall provide a new contractor-owned tank and reserve tank with equal or greater capacities. New tank and reserve tank back-up system shall meet NFPA 99 code standards. If warranted, the new tank shall be located on Armed Forces Blvd on the existing gated concrete tank slab. The contract shall also provide for digital readouts of all tank parameters in two (2) separate and distinct locations within Building 1. Specifications for this facility are listed in the O2 Tank Pad As-Builts (Appendix A), Med Gas EOSC Final Report & Commissioning Report (Appendix B).

1.2 If warranted, the contractor shall coordinate removal of the existing tanks and back-up system with the existing contractor and submit a plan to provide uninterrupted service during the changeover. The contractor shall make all the necessary connections, tie-ins and adjustments to ensure that the newly installed tank is properly connected to the existing Medical Center distribution system utilizing the attached Bulk Oxygen Commissioning Report dated 26 March 2018 by Fitzemyer & Tocci Associates. Contractor is responsible for ensuring that the new tank is tied into the existing building distribution system without any interruption to service. The contractor shall coordinate the tie-in of the new system during the weekend hours so as not to impact clinical operations.

1.3 The contractor shall provide the total cost as well as the unit cost per Cubic Foot (CF) to supply 36,500 CCF of medical-grade, liquid oxygen which is the estimated approximate total annual requirement for the Providence VA Medical Center. There is no express or implied guarantee that these quantities will be purchased. Please note that the contract that includes the installation of contractor-owned equipment may include a 30 day transition period at the beginning and end of the contract period. (See paragraph 5.1). The contractor shall provide two (2) line item costs in submitting their bid; (1) total cost/unit cost for 36,500 CCF of medical-grade bulk oxygen (2) annual/mthly rental cost for the storage tank.

1.4 Prior to first filling, contractor must perform in service training to include the following facets for contractor owned and government owned systems: the refill procedure, any preventative maintenance support requirements that may be needed from the Medical Center systems, and an explanation of all the volume alarms and low pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

1.5 Prior to first filling, and annually thereafter, alarm set point testing and written verification must be presented through the use of a qualified third party expert per NFPA 99, latest Edition for contractor owned and government owned systems. Any code deficiencies in the Medical Center’s existing system, as defined by NFPA 50, 1.3.3, “Bulk Oxygen System”, must be identified by the contractor. A detailed explanation of these deficiencies must be present in writing to the COR. Receipt of this written explanation must be signed by the COR.

1.6 Prior to the first filling, and as part of the contractor’s regular maintenance and inspection plan, the contractor must verify in writing the accuracy of all gauges on contractor owned tasks. If the gauge(s) are government owned, contractor will provide, if requested after award, a written proposal with price to verify accuracy of the gauges(s). This facility may choose to exercise this option at its desire.

2. Acronyms

2.1 This section lists acronyms that are used in this Statement of Work.

CCF – 100 cubic feet CF – Cubic feet CGA – Compressed Gas Association CGMP – Current Good Manufacturing Practices CO – Contract Owned COR – Contracting Officer Representative DOD – Department of Defense DOT – Department of Transportation FDA – U.S. Food and Drug Administration GO – Government Owned NFPA – National Fire Protection Association OGA – Other Government Agency (other than VA) OSHA – U.S. Department of Labor, Occupational Safety and Health Administration USP – United States Pharmacopeia VA – Department of Veterans Affairs

3. Government Furnished Property

3.1 This SOW identifies the bulk oxygen storage tank(s) at this facility as being CO (Contractor-owned).

3.2 This government facility currently has contractor-owned bulk storage. This facility will provide access to an electrical power source and hook-up of additional contractor-owned equipment to the facility-maintained alarm system. The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system.

4. Contractor-Furnished Equipment

4.1 If warranted, the contractor shall provide, install and maintain new, bulk oxygen tank(s) with appropriate back-up system(s). Throughout the duration of the contract, the contractor shall be liable for the integrity, suitability and safety of contractor-owned tanks that will ensure compliance with applicable regulations, standards and normal good practices. The tank capacity and reserve system shown in the schedule are minimum capacities required by this facility. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s gas system shall be furnished by the contractor, without cost to this facility. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

4.2 All equipment and materials required to perform on the contract (other than what is specifically listed in section 3, Government-Furnished Property) shall be provided by the contractor new. Contractor-owned equipment shall be installed, inspected and maintained by the contractor without additional cost to the Government. (i.e. all installation, inspection, and maintenance costs shall be included in the contracts monthly equipment rental fee for this facility.) Contractor-owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The exterior appearance of the tanks shall be kept free of all rust, peeling or flaking paint and any other exterior surface blemishes and or discoloration. The contractor shall be provided reasonable access to the bulk oxygen systems for this purpose.

4.3 The contractor shall provide, install a telemetry monitoring satellite system to automatically read the meter for deliveries. The installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for this facility.

5. Installation of Contractor-Owned Equipment

5.1 Unless otherwise directed by this facility, contractor-owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date provided: that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to this facility. Contractor installed equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding contractor to avoid interruption of gas supply.

5.2 To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and bulk oxygen contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety-day transition period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly. The contractor shall continue to provide and maintain its equipment during this transition period.

5.3 No guarantee is given or implied that the data included in the schedule regarding contractor owned equipment currently located at this facility is complete and accurate as to the factors affecting the cost of furnishing and installing the required contractor-owned tanks and appurtenances.

5.4 All contractor-owned equipment shall be installed in accordance with the NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001, NFPA 99 Standard for Healthcare Facilities, latest Edition, and FDA’s Current Good Manufacturing Practices (CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

5.5 In addition to digital readout of tank parameters within Building 1, the contractor will provide the Providence VA Medical Center personnel with access to their website which shows these parameter values in real time.

6. Delivery of Medical Liquid Bulk Oxygen

6.1 Bulk Oxygen is ordered by and delivered to this individual ordering facility. Delivery hours are before 7:00am or after 5:00pm, Monday through Friday.

6.2 The contractor shall deliver medical-grade liquid oxygen every 21 days on Mondays, or when the reorder point for either tank is reached. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor shall provide 24 hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 6, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by this facility. The contractor will be provided with the names and contact information of primary and back-up facility representatives. This applies to all deliveries regardless of time or day of execution.

6.3 Tank(s) shall be filled to a maximum functional capacity at each refilling procedure unless otherwise specified in this facility requirements or as agreed upon in a written document signed and dated by the COR.

6.4 At the time of each delivery, contractor shall provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document shall be counter-signed by this facility representative supervising the delivery.

6.5 Emergency delivery shall be provided within 24 hours after receipt of Government notification. Contractor shall respond to this facility by either telephone or e-mail within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition or system leak. Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

6.6 Contractor shall provide the Providence VA Medical Center COR a quarterly report of delivery dates and amounts to be tallied on a spreadsheet for the calendar year. Amounts shall be shown in cubic feet and gallons.

7. Quality Assurance Specification and Requirements

7.1 The contractor shall submit a maintenance and inspection plan to ensure all requirements of these specifications.

7.2 All medical gas manufactures and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported and stored according to FDA’s Current Good Manufacturing Practices (CGMO) Regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

7.3 All liquid bulk oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/ National Formulary (U.S.P).

7.4 A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include at a minimum:

a. Supplier’s name and complete address

b. Name of the Product (i.e. Oxygen U.S.P.)

c. An Air Liquefaction statement where appropriate

d. Lot number or other unique identification number

e. Actual analytical results from full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable.)

f. Test method used to perform the analysis (a statement such as “Meets U.S.P. specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided)

g. Signature of authorized supplier representative and date

7.5 Material Safety Data Sheets shall be provided to this facility COR upon request.

7.6 A copy of all inspection reports shall be provided to this facility COR upon the completion if any contractor owned or government owned bulk oxygen system inspectors that are required by regulation.

7.7 All contractor owned equipment shall be maintained or repaired in accordance with NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

8. Applicable Regulations & Standards

The following is a list of some of the regulations and standards that are applicable to this contract. The list is not comprehensive, and the contractor is responsible for ensuring that all products, equipment and services provided under the contract are in compliance with applicable Federal state and local regulations. Contractor is responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

Title 21, Code of Federal Regulations, Parts 210 & 211 0 CGMP regulations for supplying medical grade oxygen.

39 CFR 1910.104 Applies to the installation of bulk oxygen systems on industrial and institutional consumer premises.

4 CFR – Transportation

Federal Food, Drug, and Cosmetic Act

NFPA 50: Standard for Bulk Oxygen Systems at Consumer Sites, 2001 Edition

NFPA 99: Standard for Health Care Facilities, Latest Edition

U.S.P. 23

Density data and volume measurement equivalents published in Compressed Gas Association Pamphlet No. P-6, titled “Standard Density Data, Atmospheric Gases and Hydrogen” shall be used when necessary to convert measurement of gases from one form to another. For example, the following conversion factor shall apply for conversion from gallons to cubic feet.

Calculation based on data in CGA P-6 1ft3 liquid O2 = 860.6 ft3 gas (Table 1) 1ft3 liquid O2 = 7.48052 gal (Table 2)

Therefore:

7.48052 gal (1ft3) liquid O2 = 860.6 ft3 gas

1 gal liquid O2 = 860.6 ft3 gas 7.48052

1 gal liquid O2 = 115.05 ft3 gas

Or more commonly quoted as 1 gal liquid O2 = 115.1 ft3 gas

9. Contractor Owned Cylinders

9.1 This section applies to all contractor owned cylinders that are provided under this contract as a back-up system to a primary bulk oxygen system.

9.2 Laws and Regulations: Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation specifications and shall be maintained, filled, marked, labeled, and shipped to comply with the current and subsequent updates to DOT regulations (Title 49 – Transportation, Code of Federal Regulations.) Packaging, labeling, etc., for medical gases shall also comply with the Federal Food, Drug and Cosmetic Act.

9.3 Marking: In addition to marking required by the aforementioned laws and regulations, marking shall comply with American National Standards Z48.1-1954 (R 1971). “Method of Marking Portable Compressed Gas Containers to Identify the Material Contained.”

9.4 All unauthorized or inapplicable markings, tags, and labels shall be removed. When shipment is by commercial carrier, shipping tags complying with Federal Standard 123F dated 5/15/91 shall be attached to each cylinder so as to be protected by the valve protection cap. The contract data marking required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Consignee markings may be omitted when shipment is by contractor’s truck.

9.5 Valves: Valves shall comply with Compressed Gas Association Standard CGA-V-1 (11th Edition 2003) “Standard for Compressed Cylinder Valve Outlet and Inlet Connections.” Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchasers receiving area. Refer to 49 CFR 173.301(g).

9.6 Color coding: All cylinders shall be color coded in accordance with Compressed Gas Association Pamphlet CGA C-9-1988 “Standard Color Marking of Compressed Gas Containers Intended for Medical Use.”

9.7 The contractor shall be responsible for all testing required by regulation of contractor owned cylinders at no additional cost to the Government.

9.8 The offeror’s price for the oxygen shall include the furnishing of, at no additional cost, all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services are of the type normally provided in the supply of medical cylinder gases, and shall include, but not be limited to: tags indicating cylinder is “Full,” “In Use,” or “Empty”; inspection, testing, evaluation and cleaning services required at each and every filling; pin-indexing, when required, and attachment of Government-furnished warning tags, when required. Attaching oxygen cylinders to manifold systems, when required, shall also be performed by the contractor at no additional cost. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor owned cylinders.

The contract period of performance is a one-year base period plus four one-year option periods, with an estimated start date of December 1, 2026.

Place of Performance

830 Chalkstone Avenue Providence, RI 02908

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions and clause apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

2. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services: In accordance with RFO FAR 12.201-1 and FAR 12.201-2 when appropriate, the contracting officer may (1) Insert the provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, in solicitations for commercial products or commercial services.

(a) The following factors shall be used to evaluate quotations:

(1) Technical or Quality

(2) Past Performance

(3) Price

(b) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in, where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

(1) Technical or Quality: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

(2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis.

(3) Price: The Government will evaluate the price by adding the total of all line-item prices, including all options. The Total Evaluated Price will be that sum.

(4) Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. For example, if the contract includes option periods that are exercisable under FAR 52.217-9, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and an additional six months of the last option period. Quoters must price only the base and option periods specified in the contract line item numbers (CLINs), and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s).

3. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/.

4. FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (Nov 2023) To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Questions must be submitted in writing no later than 3:00 PM EST on Thursday, November 5, 2026 to Rosangela.Pereira@va.gov.

Submission of your response shall be received not later than 3:00 PM EST on Monday, November 9, 2026 to Rosangela.Pereira@va.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(c).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact Contract Specialist Rosangela Pereira Rosangela.Pereira@va.gov

A.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days..

(End of Clause)

A.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years..

(End of Clause)

A.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

A.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause) A.5 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.

(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation (FAR) 52.212–4, Contract Terms and Conditions—Commercial Products and Commercial Services.

(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights. (1) No payment or other action by the Government under this clause shall (i) excuse the Contractor from performance of obligations under this contract, or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor's request for financing payment. The Contractor's request for financing payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for financing payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made; and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (FAR 52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of Clause) A.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall…