RFQ 36C24525Q0332 AMENDED 3 14 2025.pdf

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6835--Medical Gas and cylinder rental for the VAMHCS
Solicitation number
36C24525Q0332
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This is a Request for Quotation (RFQ) for medical gas and cylinder rental services for the Department of Veterans Affairs Maryland Health Care System (VAMHCS), covering facilities in Baltimore, Loch Raven, and Perry Point. The solicitation is a total set-aside for service-disabled veteran-owned small businesses (SDVOSB), with a contract period from April 1, 2025, to March 31, 2030. The contract will be an Indefinite Delivery/Indefinite Quantity (IDIQ) type with a guaranteed minimum of $2,000 and a ceiling amount of $900,000.

Key details include a requirement for E-size medical gas cylinders with integrated regulators, delivery and exchange of cylinders at specified medical center locations, and emergency response capabilities within 4 hours. Vendors must provide monthly consolidated invoices and participate in annual equipment inventories. The solicitation requires submission of technical, price, and administrative volumes by March 19, 2025, at 2:00 PM EST, with vendor questions due by March 11, 2025. Interested vendors can request a site visit by emailing Ryan Singletary by March 6, 2025.

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36C24525Q0332 0001 Amendment.pdf PDF
RFQ 36C24525Q0332 QUESTIONS_ANSWERS_ AMENDMENTS TO THE RFQ.pdf PDF
36C24525Q0332 0001_1.docx DOCX document
36C24525Q0332_1.docx DOCX document
RFQ 36C24525Q0332.pdf PDF

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PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

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

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

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24525Q0332 02-28-2025

RYAN SINGLETARY 202-745-8000 03-19-2025

2 PM EST

Department of Veterans Affairs

VAMC(688)

50 Irving Street NW Washington DC 20422

X 100

X

325120

1200 Employees

N/A

X

VAHMCS

Warehouse 10 N Greene Street Baltimore, MD 21201

VAMC(688)

50 Irving Street NW Washington DC 20422

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

See CONTINUATION Page

X X

Ryan Singletary Contracting Officer

This is a solicitation for Medical Gas and cylinder rental for the Department of Veterans Affairs Maryland Health Care System (VAMHCS) for Baltimore, Loch Raven and Perry Point in accordance with FAR 13.5. This is a total service-disabled veteran owned business set-aside.

This Request for Quotation will close on March 19, 2025 at 2:00PM EST. Vendor questions are due by at March 11, 2025 at 2:00 PM EST. Please send any and all quotation submissions and questions to Ryan Singletary ryan.singletary@va.gov

To request a site visit please email ryan.singletary@va.gov by March 6, 2025 at 2:00PM EST.

mailto:ryan.singletary@va.gov

36C24525Q0332

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.8 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.10 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 33

C.14 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.15 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.17 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

C.18 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

C.19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Department of Veterans Affairs

VAMC (688)

50 Irving Street NW Washington DC 20422 Ryan Singletary Ryan.Singletary@va.gov

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 in Arrears

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

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

Medical Gas Delivery and Cylinder Rental for the Veterans Affairs Maryland Health Care System (VAMHCS).

1. Background.

The purpose of this acquisition is to establish a committed source of supply and an IDIQ contract with a well-qualified firm to provide repetitive delivery of USP size E with REG/DISS mailto:Ryan.Singletary@va.gov integrated valve/regulatory cylinders to each VA Medical Center location for the VAMHCS.

This will support patient care at VA Medical Center Baltimore, Perry Point and Loch Raven.

2. Scope.

2.1 The contractor shall be in the business of providing medical grade oxygen cylinders to:

• Department of Veterans Affairs Medical Center (VA) Loch Raven, 3901 The Almeda, Baltimore, Maryland 21218-2100

• Department of Veterans Affairs Medical Center (VA) Baltimore, 10 N. Greene Street Baltimore, MD 21201

• Department of Veterans Affairs Medical Center (VA) Perry Point, BLDG 23, Eighth Street & Avenue D Perryville MD 2190

2.2 The contractor or subcontractor is responsible for picking up empty cylinders from the designated delivery docks at:

• Baltimore located delivery dock cylinder room BB104.

• Loch Raven located:

• Building 1, room G-14.

• Building 5, Room 1B-138.

• Perry Point located building 23 room GG-109B.

2.3 The contractor or sub-contractor shall make deliveries of full cylinders on scheduled delivery days at VA Medical Center Baltimore Maryland, VA Medical Center Loch Raven and Perry Point VA Medical Center ensuring that seals and Full/In Use/Empty tags or barriers are properly affixed. This is a one for one Non-Government owned cylinder exchange.

2.4 At the time of each delivery, Contractor must provide a legible signed and dated written document that identifies the full quantity delivered and empty tank quantity returned.

Contractor will ensure all empty cylinder tanks are retrieved during restocking process.

This document must be counter-signed by the warehouse personnel who gives contractor access to the tanks or designated Supply Chain Management Service employee at time of delivery.

2.5 Contractor or Sub-Contractor shall sign in and out of the facility with VAMHCS.

2.6 Contractor will provide a monthly consolidated invoice clearly showing each line item and amount of each line item delivered for that month and each line items amount returned cylinder within the first (10) business days of the following month.

2.7 Contractor or Sub-Contractor shall furnish all labor and materials needed to complete the work at no cost to the VAMHCS except as outlined in the contract.

2.8 Contractor shall respond via phone call or email the same day to requests made for Emergent specialized gases needed for medical procedures. The Contractor or Sub- Contractor must be able to deliver gases in Emergent situations in a four-hour (from time of confirmation) delivery time frame as needed by the VAMHCS.

2.9 Quantities shown in the Schedule of Supplies and Services are estimates of the VA

Medical Center Baltimore, Loch Raven and Perry Point (VAMHCS). There is no express or implied guarantee that these quantities will be purchased. Any contract awarded under the solicitation will be an Indefinite Delivery/Indefinite Quantity for a period of five

(5) years, pending availability of funds.

3. Salient Characteristics

The cylinder shall be equal to the requirements below:

• E cylinder

• Transportable

• All components need to be self-contained and everything needs to attach to the E

Cylinder

• Shall include the ability to monitor oxygen levels.

• Integrated regulator

• Carrying handle made with durable plastic.

• Gauge to display the cylinder pressure.

• Indicator when oxygen is low

• Color - Green

• Flow Meter that integrates with the regulator to provide meter flow rates need hi/Lo

• 50 PSI port connector

• Flow regulator high and low indicator

• MR conditional and suitable for use during MR imaging for MRI systems up to 3.0

Tesla

• Yellow Label to identify it contains oxygen

4. Period of Performance:

The vendor shall begin services no later than 14 days after the contract award date. The period of performance is as follows: 04/01/2025 – 03/31/2030

This will be a five-year (5) IDIQ contract.

- Pricing Period One - 04/01/2025 to 03/31/2026

- Pricing Period Two - 04/01/2026 to 03/31/2027

- Pricing Period Three - 04/01/2027 to 03/31/2028

- Pricing Period Four - 04/01/2028 to 03/31/2029

- Pricing Period Five - 04/01/2029 to 03/31/2030

5. Contract Values

The quantities shown in the price cost schedule are estimates of the facility’s annual requirements. There is no express or implied guarantee that these quantities will be purchased.

6. Contractor Owned Equipment:

All equipment and materials required to perform on the contract shall be provided by the contractor. Non-Government owned equipment shall be installed, inspected, inventoried, and maintained by the Contractor at the Contractor’s expense (i.e., all installation, inspection, inventory, and maintenance costs shall be included in the contract’s monthly equipment rental fee for the applicable facility.) Non-Government owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. Contractor shall be provided reasonable access to all Medical Gases storage areas for this purpose.

7. Installation of Non-Government Owned Equipment

7.1 Unless otherwise directed by the using facility, non-government owned equipment shall be installed by the effective date of the contract. No Exceptions; provided: If the

Contractor’s equipment replaces equipment already in use, the Contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. the exchange of equipment shall be accomplished without interruption of gas supply to the using facility.

7.2 If Contractor Subcontracts to vendor currently servicing facility and no exchange of equipment applies, it will be the sole responsibility of the Contractor to inventory such equipment. Contractor/Subcontractor installed equipment shall remain the property of the Contractor/Subcontractor 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.

7.3 To permit orderly transition from one Contractor to another, the Contractor shall continue to honor the contract’s monthly equipment rental fee and Medical Gases 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.

7.4 No guarantee is given or implied that data included in the Schedule of Supplies and

Services regarding Non-Government owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required Non-Government owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility site prior to submitting a quote and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. To set up a site visit please contact the contracting officer by email ryan.singletary@va.gov by March 6, 2025 at 2:00PM EST. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work.

8. Response and Delivery Times:

8.1 Missed Deliveries:

(a) Missed Delivery Reported by Contractor/Subcontractor Notification – Any missed delivery will be reported by Contractor to VAMHCS within 24 hours.

(b) Missed Delivery Reported by VAMHCS to Contractor Delivery –Missed deliveries reported by VAMHCS to Contractor will be delivered within 24 hours from time of notification.

8.2 Emergent Response – An Emergency request for gases will be responded to within 2 hours. Stating the time and location of expected delivery.

8.3 Emergent Deliveries - Deliveries made on an Emergent basis will be within 24 hours from time of Contractor response.

9. Loss of Equipment Accountability

9.1 Lost or Damaged Contractor-Owned Cylinders – Loss of Use (LOU) For each contractor-owned cylinder lost or damaged beyond repair while in the Government's possession, the Government shall pay to the Contractor the replacement value, less the allocable rental paid for that cylinder. These cylinders shall become Government property. If any lost cylinder is located within 30 calendar days after payment by the Government, it may be returned to the Contractor by the Government, and the Contractor shall pay to the Government an amount equal to the replacement value, less than rentals computed in accordance with SOW. This will be a demurrage charge which will be negotiated and issued on a separate Purchase Order.

9.2 Joint Inventory of Contractor-Owned Cylinders the VA and the Contractor shall perform an annual on-site inventory, of all contractors provided cylinders to verify the amounts of cylinders in use. This task is to be completed at the beginning of the contract and annually thereafter. VAMHCS will coordinate the taking of this inventory with the Contractor. Contractor representative(s) shall participate on-site in the annual inventory audit with the designated VA personnel. VA is responsible for obtaining access to all pertinent areas for the purpose of counting existing contractor provided cylinders at the specific VA facility.

9.3 After the annual inventory audit (this pertains to the 2nd annual audit approximately at or around Option Year exercising), if more cylinders are found than indicated on the annual joint inventory of cylinders, the inventory count shall be increased to that number and shall be the value going forward until next annual joint inventory is taken.

9.4 After the annual joint inventory audit, if less cylinders are found than indicated on the previous annual joint inventory of cylinders, the inventory count shall be decreased to that number and shall be the value going forward until next annual joint inventory is taken. LOU cylinders quantity and type shall be removed from the annual joint inventory of cylinders only after a separate Purchase Order has been issued by the Contracting Office and invoice and payment has occurred. To receive payment for LOU items, Contractor must submit an LOU quote to the Contracting Office. Purchase Order will be executed upon agreement by Contracting Officer and Contractor (See Section 7.1).

9.5 Once the VA pays the LOU invoice for unaccounted cylinders, those cylinders become VA property (Only pertaining to section 7.3).

10. Billing/Invoicing:

10.1 Contractor will send consolidated usage report to the Contracting Officer Representative monthly of cylinder rental charges “BY LOCATION’ to VAMHCS.

10.2 Payments are to be made in arrears, after the receipt of a properly prepared invoice.

10.3 Invoicing WILL be “SEPARATED BY LOCATION” and annotated on all invoices.

All Invoices will clearly state the Purchase Order #, contract number, CLIN (Contract Line-Item Number), description, stock # and quantity of tanks exactly as stated on the contract.

11. Performance Monitoring.

The COR will monitor and evaluate Contractor’s performance as well as invoicing proficiency on a quarterly basis to ensure that Contractor’s performance and invoicing is in accordance with the contract. The COR will also notify the Contracting Officer immediately if there is any major issue(s) that arises affecting the performance of the contract.

12. Security Requirements.

All Contractor/Sub-Contractor personnel are required to wear identification (ID.) badges during the entire time they are at VAMHCS and/or on its grounds. ID. badges must, at minimum, include the picture of the contractor’s employee, first and last name of the employee, and the name of the contractor on each ID badge. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking area. Parking information is available at the VA Police Department. The VA Police Department will not invalidate or make reimbursement for parking violations of the contractor's personnel under any circumstance.

13. Licensing and Certification Contractor will adhere to all local, state, and federal regulations involving compressed gases.

14. Routine Delivery Schedule.

14.1 The VA will place orders with the prime contractor. The Contractor shall arrive at the VA Medical Center Baltimore (VAMHCS) from 8am to 11am on Tuesday and Thursday of each week. Deliveries to all other facilities will be Monday-Friday 8am to 3pm.

14.2 The sole responsibility to prepare a truck with correct cylinders varying types of gases to ensure a one for one exchange is executed and par levels are maintained is that of the Contractor. VA Medical Center Baltimore (VAMHCS) is a 24-hour medical facility and requires cylinders on hand for emergency procedures at all times.

15. Site Visits After Award

The contractor (prime) will appear in person for a site visit upon awarding of the contract as well as approximately six months after the start of the contract to inspect all delivery points.

16. Place of Delivery

• Department of Veterans Affairs Medical Center (VA) Loch Raven, 3901 The Almeda, Baltimore, Maryland 21218-2100 / Delivery dock cylinder room BB104.

• Department of Veterans Affairs Medical Center (VA) Baltimore, 10 N. Greene Street

Baltimore, MD 21201 / Building 1, room G-14

Street & Avenue D Perryville MD 2190 / Building 23 room GG-109B.

17. Liability Insurance Requirement The contractor shall maintain liability insurance in the amount $1 million per occurrence and shall provide an annual Certificate of Liability to the VA. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. Contractor will adhere to all local, state, and federal regulations involving compressed gases and show evidence before commencing work under this contract.

B.3 PRICE/COST SCHEDULE

The guaranteed minimum amount is $2,000.00 and the contract ceiling amount is $900,000.00.

ITEM INFORMATION

Pricing Period One - 04/01/2025 to 03/31/2026

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

1,211.00 CY __________________ __________________

CYLINDER COMPRESSED GAS,0S,SZ E, W/GRAB 'N GO REG/DISS INTEGRATED

VALVE/REGULATOR FOR VA BALTIMORE OR EQUAL

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing PRODUCT/SERVICE CODE: 6835 - Medical Gases

MANUFACTURER PART NUMBER (MPN): OXUSPEAWBDS

270.00 CY __________________ __________________

VALVE/REGULATOR FOR VA PERRY POINT OR EQUAL

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

383.00 CY __________________ __________________

VALVE/REGULATOR FOR VA LOCH RAVEN OR EQUAL

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

548.00 CY __________________ __________________

VA BALTIMORE RENTAL GRAB N GO COMPRESSED OXYGEN, WITH REGULATOR

SIZE E OR EQUAL

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): RNTU411

263.00 CY __________________ __________________

VA PERRY POINT RENTAL GRAB N GO COMPRESSED OXYGEN WITH REGULATOR,

SIZE E OR EQUAL

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

140.00 CY __________________ __________________

VA LOCH RAVEN RENTAL GRAB N GO COMPRESSED OXYGEN WITH REGULATOR,

SIZE E OR EQUAL

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

12.00 EA __________________ __________________

EMERGENCY DELIVERY FEE (ALL SITES).

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): EMERGENCY DEL

1.00 EA __________________ __________________

Annual Audit

POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

MANUFACTURER PART NUMBER (MPN): Audit

GRAND TOTAL __________________

Pricing Period Two - 04/01/2026 to 03/31/2027

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

VALVE/REGULATOR FOR VA BALTIMORE OR EQUAL

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA PERRY POINT OR EQUAL

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA LOCH RAVEN OR EQUAL

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Pricing Period Three - 04/01/2027 to 03/31/2028

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

VALVE/REGULATOR FOR VA BALTIMORE OR EQUAL

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

CYLINER COMPRESSED GAS,0S,SZ E, W/GRAB 'N GO REG/DISS INTEGRATED

VALVE/REGULATOR FOR VA PERRY POINT OR EQUAL

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA LOCH RAVEN OR EQUAL

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Pricing Period Four - 04/01/2028 to 03/31/2029

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

VALVE/REGULATOR FOR VA BALTIMORE OR EQUAL

POP Begin: 04-01-2028 POP End: 03-31-2029

PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA PERRY POINT OR EQUAL

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA LOCH RAVEN OR EQUAL

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

Pricing Period Five - 04/01/2029 to 03/31/2030

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

VALVE/REGULATOR FOR VA BALTIMORE OR EQUAL

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA PERRY POINT OR EQUAL

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

VALVE/REGULATOR FOR VA LOCH RAVEN OR EQUAL

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SIZE E OR EQUAL

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 325120 - Industrial Gas Manufacturing

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 1, 2025 through March 31, 2030.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000.00;

(2) Any order for a combination of items in excess of $50,000.00; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the contract.

(End of Clause)

C.5 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic.

Components of unknown origin…

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